Agenda packet — Thousand Oaks City Council, April 4, 2023 (part 2 of 4)

100. Low-flow/low volume Irrigation – please review the specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation.

101. Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. However, installing the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings.

102. Turf/Grass – State law now prohibits the watering of non- functional turf in commercial developments. If the developer proposes turf as part of the project, please include an explanation of why it is "functional turf" and request a waiver from the Sustainability Division to use potable water. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts.

103. Dust control – Refer to Ventura County Air Pollution Control District methods of dust control for eligible methods, for the duration of the water restrictions. Alternatives to the use of use of potable water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potable water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.

Recommendations

104. Electric Vehicles – Recommended: Provide EV Ready “Level two” in up to 25% of parking stalls to allow charging of commuters EVs and support clean transportation in the City. (Applicant may be able to utilize the SCE Charge Ready program, which provides rebates for Electric Vehicle (EV) infrastructure beyond the minimums required for Cal Green building standards.).

105. General – Recommended: Install energy star rated appliances.

106. Water – Recommended: We encourage the applicant to install "Water Sense" appliances and go beyond the minimums required in the Model Water Efficient Landscape Ordinance (MWELO) for water conservation.

107. Tree and Understory Plant Palette – Recommended: We encourage the applicant to rely heavily on S outhern California native plants and drought tolerant plants that can survive frequent water restrictions. Developer is encouraged to minimize demand for outdoor water by minimizing turf and planting climate-appropriate trees and shrubs.

Item No.11B

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511- DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 29 ends

VENTURA COUNTY FIRE PROTECTION DISTRICT

108. Hazardous Watershed Fire Area – This project is in a Hazardous Watershed Fire Area and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements.

109. Fire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

110. Building Plan Review – Building plans of all A, E, I, H, R -1, R-2, or R -4 occupancies shall be submitt ed, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

111. Fire-Flow (Commercial, Industrial, Multi -family buildings) – The minimum fire-flow required shall be determined as specified by the curren t adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, Fire- Flow Verification.

112. Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.

113. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
• Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
• The required fire flow shall be ac hieved at no less than 20- psi residual pressure.
• Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. • Fire hydrants shall be set back from the curb face 24 inches on center.

Item No.11B

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511- DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 30 ends

• No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

114. Water System Plans – Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signin g of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard

14.7.2 115. Fire-Flow Verification – Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi for a minimum three-hour duration.

116. Hydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed.

117. Private Roads / Driveways – Private roads shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501

118. Access Road Location – The access road shall be extended to within 250 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards.

119. Roadway Extensions – Where the access road extends beyond the access point, the extended roadway shall comply with all of the requirements for fire apparatus access roads.

120. Access Road Width – Minimum access road width of 24 feet required with no on-street parking permitted.

121. Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

Item No.11B

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511- DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 31 ends

122. Turnarounds – Approved turnaround areas for fire apparatus shall be provided when dead- end Fire Department access roads exceed 15 0 feet.

Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road/driveway.

Turnaround areas shall not be used for parking and shall be kept free of obstructions at all times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards.

123. Access Road Certification – The access road shall be certified by a registered civil engineer as having an all -weather surface in conformance with Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

124. Fire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

125. Fire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

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

127. Fire Alarm / Sprinkler Monitoring Plans – Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation.

128. Fire Extinguishers – Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.

129. Emergency Lighting and Exit Signs – Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building and Fire Code requirements.

130. Address Numbers (Commercial, Industrial, Multi -family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address Item No.11B

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511- DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 32 ends

number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
131. A
ddress Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
132. A
ccessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.). 133. K
nox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.
134. C
onstruction Access – Prior to combustible construction, a paved all- weather access road/driveway suitable for use by a 20- ton Fire District vehicle shall be installed at locations approved by the Fire District. 135. C
onstruction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20- foot clear width shal l remain free of obstruction during any construction activities within the development once combustible construction starts.

Item No.11B

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020 -70026-LU; 2022- 70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 33 ends

OLICE DEPARTMENT
136. DO
OR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non- removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
137. L
IGHTING – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the b uildings and parking areas (If any). Interior after hours lighting is also highly recommended. The use of metal halide fixtures or Light-Emitting Diode (LED) is preferred over high-pressure sodium fixtures since metal halide and LED lighting provides superior illumination and color rendition. A lighting plan must be submitted to The Thousand Oaks Police Department for review and is subject to change prior to Police Department approval.
138. L
ANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet).

This will reduce concealment areas and keep the area well -lit during darkness hours.
139. ADDRE
SS IDENTIFIERS –The building will display its address on all sides.

Map signs of the facility will be placed at all pedestrian entrances. 140. S
TAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Item No.11B

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020 -70026-LU; 2022- 70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

cdd:420-46/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 4/pz (FILE ID:
2021-70893-ND/2021-70019-RPD)

Page 34 ends

141. TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed/locked during non- business hours to discourage, loitering, illegal dumping and theft. Trash enclosures will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.

142. OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

*****

Item No.11B

TITLE SHEET
A0.0

ARROYO VILLA APARTMENTS

EXPANSION

THOUSAND OAKS, CA
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

RECEIVED

CITY OF THOUSAND OAKS

COMMUNITY DEVELOPMENT
January 13, 2021
ATTACHMENT #5
(To the
2/27/2023
PC Meeting)
Item No.11B

GENERAL

INFORMATION
G0.0
CLIENT: SHAPELL PROPERTIES
1990 SOUTH BUNDY DRIVE, STE. 500
LOS ANGELES, CA 90025
CONTACT: DOUG GRIFFITH
PHONE: 210.382.0774

PROJECT TEAM
ARCHITECT: ARCHITECTURE DESIGN COLLABORATIVE
23231 SOUTH POINTE DRIVE
LAGUNA HILLS, CA 92653
CONTACT: CHRIS WEIMHOLT
PHONE: 949.267.1660 EXT. 202

PROJECT INFO
SITE ADDRESS: GENERAL
A0.0 TITLE SHEET
G0.0 GENERAL INFORMATION
G0.1 SITE PHOTO CONTEXT
CIVIL
C1.0 PRELIMINARY GRADING
2 HYDROLOGY STUDY/SQUIMP

LANDSCAPE
1 CONCEPTUAL LANDSCAPE PLAN
2 FENCE & WALL PLAN + DETAILS

ARCHITECTURAL
A1.0 SITE PLAN
A1.1 FIRE ACCESS PLAN
A2.0 BLDG. A - FLOOR PLANS AND ROOF PLAN
A2.1 BLDG. A - EXTERIOR ELEVATIONS
A3.0 BLDG. B - FLOOR PLANS AND ROOF PLAN
A3.1 BLDG. B - EXTERIOR ELEVATIONS
A4.0 BLDG. C - 1ST AND 2ND FLOOR PLANS AND ROOF PLAN
A4.1 BLDG. C - EXTERIOR ELEVATIONS
A4.2 BLDG. C - EXTERIOR ELEVATIONS
A5.0 PERSPECTIVE VIEW
A6.0 UNIT PLANS
A7.0 SITE SECTIONS
A8.0 TRASH ENCLOSURE EXHIBIT
A9.0 MATERIAL BOARD
RANCHO CONEJO BLVD.

PROJECT
DESCRIPTION:

THE PROPOSED MULTI-FAMILY PROJECT EXPANSION
CONSISTS OF 3 TYPE V, 2-STORY BUILDINGS WITH
TUCK UNDER GARAGES. THE SITE CONSISTS OF 1.6
ACRES AND SUPPORTS 27 RESIDENTIAL UNITS. THE
UNITS RANGE IN SIZE FROM 866 S.F. TO 1,353 S.F.

SHEET INDEX
SITE AREA: ± 1.6 ACRES
UNITS: 27 UNITS
NET DENSITY: 16.9 DU / ACRES
SPRINKLERS: NFPA 13R

CONSTRUCTION
TYPE:

TYPE VA
CIVIL: SIKAND
15230 BURBANK BLVD. SUITE 100
VAN NUYS, CA 91411
CONTACT: MELANIE VOSBERG
PHONE: 818.787.8550

LANDSCAPE
ARCHITECT:

SITESCAPES
3190 B-2 AIRPORT LOOP DRIVE
COSTA MESA, CA 92626
CONTACT: SCOTT SHOUP
PHONE: 949.644.9370
BLDG. TYPE A RESIDENT
(S.F.)
GARAGE (S.F.) CIRCULATION
/UTILITY (S.F.)

TOTAL GROSS
AREA (S.F.)
1ST FLOOR 4,045 2,728 698 7,471
2ND FLOOR 6,867 02 6 3 7,130
TOTAL 10,912 2,728 961 14,601

BUILDING AREA SUMMARY

VICINITY MAP
APN: 6670173025
RANCHO CONEJO BLVD.

SITE
CORPORATE CENTER DR.

LAWRENCE DR.

ZONE: EXISTING - M-1

PROPOSED - R-P-D

STRUCTURAL
COVERAGE:

STRUCTURE = 21,848 S.F.

SITE AREA = 69,695 S.F.

COVERAGE = 31%

PAVED AREA
COVERAGE:

PAVED AREA = 18,949 S.F.

SITE AREA = 69,695 S.F.

COVERAGE = 27%
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

TOTAL GROSS
AREA (S.F.)
1ST FLOOR 2,202 1,819 303 4,324
2ND FLOOR 4,096 0 117 4,213
TOTAL 6,298 1,819 420 8,537
BLDG. TYPE C RESIDENT
(S.F.)
GARAGE (S.F.) CIRCULATION
/UTILITY (S.F.)

TOTAL GROSS
AREA (S.F.)
1ST FLOOR 5,372 3,641 667 9,680
2ND FLOOR 9,125 02 7 8 9,403
TOTAL 14,497 3,641 945 19,083

TOTAL RESIDENT
(S.F.)
GARAGE (S.F.) CIRCULATION
/UTILITY (S.F.)

TOTAL GROSS
AREA (S.F.)
1ST FLOOR 11,619 8,188 1,668 21,475
2ND FLOOR 20,088 06 5 8 20,746
TOTAL 31,707 8,188 2,326 42,221
PLAN BED/BATH GROSS S.F. NO. OF
UNITS
UNIT S.F.

TOTAL

UNIT MIX
P1.0 1 BED / 1 BA ±866 11 9,526 40.7%
P2.0 2 BED / 2 BA ±1,230 6 7,380 22.2%
P2.1 2 BED / 2 BA ±1,112 6 6,672 22.2%
P3.0 3 BED / 2 BA ±1,353 4 5,412 14.8%
TOTAL 27 28,990 100.0%

UNIT SUMMARY

PARKING SUMMARY

REQUIRED RESIDENTIAL PARKING
UNIT TYPE PARKING REQ. PER

DWELLING UNIT

NO OF UNITS STALLS REQUIRED
1 BEDROOM 1.0 11 11
2 BEDROOM 1.5 12 18
3 BEDROOM 2.0 4 8
GUEST 0.5 27 14
TOTAL RESIDENTIAL PARKING REQUIRED 51

PROVIDED RESIDANTIAL PARKING
PRIVATE GARAGES 35
OPEN PARKING 16
TOTAL PARKING PROVIDED 51
ADDITIONAL PARKING* 3
LOT SIZE: ±188' WIDTH BY ±480' DEPTH

GENERAL LAND
USE:

EXISTING - INDUSTRIAL

PROPOSED - HIGH DENSITY RESIDENTIAL
* ADDITIONAL PARKING (2 STANDARD STALLS AND 1 ADA STALL) ARE PROVIDED TO REPLACE PARKING LOST ON ADJACENT ARROYO VILLA SITE.

TOTAL IMPERVIOUS
AREA:
±1.12 ACRES

TOTAL PERVIOUS
AREA:
±0.33 ACRES

ALLOWABLE BLDG
HEIGHT:
4-STORIES MAX
60' MAX.

ALLOWABLE BLDG
AREA:
24,000 MAX.

AFFORDABLE
CONCESSIONS:

1. MIN. PRIVATE OPEN SPACE

AREA PER UNIT
Item No.11B

SITE PHOTO

CONTEXT
G0.1
01 02
03 04
07 06

VICINITY MAP
05 09
10 08
LAWRENCE DR.
01 03
02 06
04 05
07 08
10 09
SITE
VIEW LOOKING EAST FROM RANCHO CONEJO BLVD.

VIEW LOOKING SOUTHWEST FROM RANCHO CONEJO BLVD.

VIEW LOOKING EAST FROM CORPORATE CENTER DR.VIEW LOOKING EAST FROM RANCHO CONEJO BLVD.

VIEW LOOKING SOUTHWEST FROM CORPORATE CENTER DR.VIEW LOOKING NORTH FROM RANCHO CONEJO AVE.

VIEW LOOKING WEST FROM RANCHO CONEJO BLVD.

VIEW LOOKING EAST FROM RANCHO CONEJO BLVD.

VIEW LOOKING SOUTH FROM LAWRENCE DR.

VICINITY MAP
VIEW LOOKING NORTH FROM RANCHO CONEJO BLVD.

RANCHO CONEJO BLVD.

CORPORATE CENTER DR.

Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

SITE PLAN
A1.0
SCALE: 1" = 20'-0"
10' 20'0 40'
1SITE PLAN
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

PROPERTY LINE

ADA PATHWAY
LEGEND
Item No.11B

FIRE ACCESS PLAN
A1.1
SCALE: 1" = 20'-0"
10' 20'0 40'
1FIRE ACCESS PLAN
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

PROPERTY LINE
20'-0" FIRE ACCESS LANE

HOSE PULL

LADDER ACCESS
LEGEND
Item No.11B

146'-2"
54'-9"
STAIR #1

OUTLINE OF

BUILDING ABOVE
STAIR #2
P2.0
P2.1
P3.0

GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GAR AGE GARAGE 10'-1"
TYP.
20'-7"
TYP.

UTILITY
P1.0 P1.0 P1.0
P2.0
P2.1
P3.0
146'-2"
54'-9"
STAIR #1
STAIR #2

FLAT ROOF,
TYP.

CONDENSER
UNITS, TYP.
148'-8"
56'-10"

PHOTOVOLTAIC
PANELS, TYP.

BLDG. A -

FLOOR PLANS

AND ROOF PLAN
A2.0
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

BLDG A - EXTERIOR

ELEVATIONS
A2.1
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
1FRONT ELEVATION
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN

MATERIAL LEGEND

EXTERIOR PLASTER

PLASTER SCREEDS

FOAM TRIM

PAINTED METAL GUARDRAIL
MNFR. CONCRETE ROOF TILE

PAINTED SECTIONAL GARAGE DOOR

WHITE VINYL WINDOW
3RIGHT ELEVATION
4LEFT ELEVATION
1 2
3 4

TYPICAL WINDOW DETAILS
A. TYPICAL FLUSH WINDOW B. TYPICAL RECESSED WINDOW
Item No.11B

STAIR #1

OUTLINE OF

BUILDING ABOVE
P2.1
93'-5"
46'-11"
P1.0
GARAGE
10'-1"
TYP.
20'-7"
TYP. GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE

UTILITY
P1.0 P1.0
P2.1
93'-5"
46'-11"
STAIR #1
P1.0

FLAT ROOF,
TYP.

CONDENSER
UNITS, TYP.
95'-5"
48'-11"

PHOTOVOLTAIC
PANELS, TYP.

BLDG. B -

FLOOR PLANS

AND ROOF PLAN
A3.0
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

BLDG B - EXTERIOR

ELEVATIONS
A3.1
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN

MATERIAL LEGEND

EXTERIOR PLASTER

PLASTER SCREEDS

FOAM TRIM

PAINTED METAL GUARDRAIL
MNFR. CONCRETE ROOF TILE

PAINTED SECTIONAL GARAGE DOOR

WHITE VINYL WINDOW
1FRONT ELEVATION
2REAR ELEVATION
3RIGHT ELEVATION
4LEFT ELEVATION
1 2
3 4

TYPICAL WINDOW DETAILS
A. TYPICAL FLUSH WINDOW B. TYPICAL RECESSED WINDOW
Item No.11B

STAIR #1
P2.0
188'-0"
54'-10"
P2.0 P3.0
P2.1

OUTLINE OF

BUILDING ABOVE
GARAGE
10'-1"
TYP.
20'-7"
TYP.GARAGEGARAGEGARAGEGARAGEGARAGEGARAGE GARAGE GARAGE GARAGEGARAGEGARAGE GARAGEGARAGEGARAGEGARAGE STAIR #2
STAIR #1
P2.0
188'-0"
54'-10"
P1.0 P1.0 P1.0 P1.0
P2.0 P3.0
P2.1
STAIR #2
190'-6"
56'-10"

FLAT ROOF,
TYP.CONDENSER
UNITS, TYP.

PHOTOVOLTAIC
PANELS, TYP.

BLDG. C - 1ST AND
2ND FLOOR PLANS

AND ROOF PLAN
A4.0
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

BLDG C - EXTERIOR

ELEVATIONS
A4.1
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
1FRONT ELEVATION
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN

MATERIAL LEGEND

EXTERIOR PLASTER

PLASTER SCREEDS

FOAM TRIM

PAINTED METAL GUARDRAIL
MNFR. CONCRETE ROOF TILE

PAINTED SECTIONAL GARAGE DOOR

WHITE VINYL WINDOW
1 2

TYPICAL WINDOW DETAILS
A. TYPICAL FLUSH WINDOW B. TYPICAL RECESSED WINDOW
Item No.11B

BLDG C - EXTERIOR

ELEVATIONS
A4.2
SCALE: 1/8" = 1'-0"
4' 8'01 6 '
1REAR ELEVATION
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN

MATERIAL LEGEND

EXTERIOR PLASTER

PLASTER SCREEDS

FOAM TRIM

PAINTED METAL GUARDRAIL
MNFR. CONCRETE ROOF TILE

PAINTED SECTIONAL GARAGE DOOR

WHITE VINYL WINDOW
1 2

TYPICAL WINDOW DETAILS
A. TYPICAL FLUSH WINDOW B. TYPICAL RECESSED WINDOW
Item No.11B

PERSPECTIVE
VIEW
A5.0
1VIEW 1
2VIEW 2
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN
Item No.11B

BEDROOM
(12'-0" X 12'-0")
W.I.C.BATH
DECK
(10'-10" X 5'-5")

KITCHEN
DINING
LIVING
(15'-4" X 10'-0")
W/D
42'-7"
22'-4"
BATH
M. BATH
LIN.

W.I.C.

M. BEDROOM
(12'-6" X 12'-0")
BEDROOM-3
(10'-6" X 10'-3")
BEDROOM - 2
(13'-10" X 11'-6")
LIVING
(13'-0" X 14'-9")
DECK
(11'-1" X 6'-9")

KITCHEN/
DINING
44'-6"
33'-4"
M. BEDROOM
(12'-7" X 12'-3")
W.I.C.

BATH
DECK
(9'-11" X 6'-10")

KITCHEN
DINING
LIVING
(14'-9" X 14'-7")
W/D

BEDROOM
(12'-9" X 11'-0")
LIN.

BATH
41'-8"
31'-2"
M. BEDROOM
(12'-8" X 11'-0")
W.I.C.

BATH
DECK
(10'-10" X 5'-9")

KITCHEN/
DINING
LIVING
(14'-9" X 11'-4")
W/D

BEDROOM
(12'-9" X 10'-2")
M. BATH
41'-8"
29'-4"

UNIT PLANS
A6.0
SCALE: 1/4" = 1'-0"
2' 4'08 '
1UNIT P1.0
2UNIT P2.0
3UNIT P2.1
4UNIT P3.0
2 BED / 2 BATH - 1,230 S.F. (6 TOTAL)
1 BED / 1 BATH - 866 S.F. (11 TOTAL)2 BED / 2 BATH - 1,112 S.F. (6 TOTAL) 3 BED / 2 BATH - 1,353 S.F. (4 TOTAL)
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

SITE SECTIONS
A7.0
SCALE: 1/8" = 1'-0"
4' 8'0 16'
2 1
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

KEY PLAN
3 Item No.11B

20'-0"
2B
2A

TRASH ENCLOSURE

EXHIBIT
A8.0
SCALE: 1/4" = 1'-0"
2' 4'08 '
1TRASH ENCLOSURE - FLOOR PLAN2TRASH ENCLOSURE- ELEVATIONS

ELEVATION A

ELEVATION B

ELEVATION C
Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

LIGHT SAND FINISH
02 SHERWIN WILLIAMS PAINT
A
BM OC-25 CLOUD COVER
SW7069 IRON ORE
SW7017 DORIAN GRAY
BM 2134-10 NIGHT HORIZON
SW7036 ACCESSIBLE BEIGE
C D EB
03 BENJAMIN MOORE PAINT
04 SPANISH STYLE MANUFACTURED CONCRETE ROOF TILE 05 VINYL WINDOWS - WHITE

MATERIAL
BOARD
A9.0
1MATERIAL BOARD
cdd:420-78/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 5/pz (FILE ID: 2021-70019-RPD) Item No.11B

Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

Company:

Address:

Phone No.

Project Contact:

Email:

Principal:

Project Manager:

ADC Project No:

Shapell Properties
Los Angeles, CA 90025
(323) 988-7587
Chris Weimholt
Chris Weimholt

ARROYO VILLA APARTMENTS EXPANSION

THOUSAND OAKS, CA
Client
170090
Issue Date
Laguna Hills, CA 92653
www.adcollaborative.com
23231 South Pointe Dr
949.267.1660
Shapell Properties
1ST SUBMITTAL 07/20/2020

PRELIMINARY GRADING
C1.0

1. ALL IMPOSED CONDITIONS FOR THE APPLICABLE ENTITLEMENT PERMIT SHALL APPLY.

2. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE CITY OF THOUSAND OAKS GRADING ORDINANCE, TITLE 7, CHAPTER 3, REGULATING THE EXCAVATION, GRADING

AND FILLING OF LAND AND ANY AMENDMENTS THERETO EXCEPT AS WAIVED OR MODIFIED AS SET FORTH IN THE CONDITIONS OF APPROVAL.

3. ESTIMATED EARTHWORK QUANTITIES:

CUT: ____965______ C.Y. EXPORT: ________525_________ C.Y.

FILL: ____440______ C.Y. IMPORT: ___________________ C.Y.

REMOVAL AND RECOMPACTION: _________XXX_________ C.Y.

4. ALL GEOLOGIC AND SOIL RECOMMENDATIONS IMPOSED BY THE SOILS ENGINEER OR

CONTAINED IN THE SOILS AND GEOLOGIC REPORT ARE TO BE COMPLIED WITH AND ARE HEREBY MADE AN INTEGRAL PART OF THE GRADING PLANS AND PERMIT.

GEOLOGIC AND SOILS REPORT DATED: _____XXX_________________ REPORT NUMBERS: _________XXX___________________________________ BY: _____________________XXX_______________________

5. NO CUT OR FILL SLOPES MAY BE STEEPER THAN 2:1 (H:V) MAXIMUM.

6. IN THE EVENT ADVERSE BEDDING PLANES ARE DISCOVERED DURING CONSTRUCTION

REQUIRING SLOPE STABILIZATION TECHNIQUES, SUCH WORK SHALL BE APPROVED BY THE CITY ENGINEER UNDER A REVISED GRADING PLAN AND CHANGE ORDER.

7. ROUGH GRADED PAD DRAINAGE SHALL BE 2% MINIMUM. FINE GRADING AROUND

STRUCTURES SHALL DRAIN AWAY FROM FOOTINGS, TO THE SATISFACTION OF THE PUBLIC WORKS INSPECTOR, TO SWALES WITH 1% MINIMUM SLOPE TO APPROVED DRAINAGE POINTS.

8. ANY AREA TO RECEIVE FILL SHALL BE PREPARED BY SCARIFYING TO A MINIMUM DEPTH OF 6", MOISTENED OR DRIED TO NEAR OPTIMUM MOISTURE AND COMPACTED TO A RELATIVE DENSITY OF 90% BEFORE PLACING ADDITIONAL FILL. PRIOR TO PLACING

OF ANY FILL MATERIAL, THE AREA SHALL BE APPROVED BY THE PUBLIC WORKS INSPECTOR. SHOULD ADVERSE SOIL CONDITIONS BE ENCOUNTERED, STABILIZATION TECHNIQUES SHALL BE APPROVED BY A CHANGE ORDER.

THE OUTER 12 INCHES OF ALL FILL SLOPE SURFACES SHALL BE TAMPED AND GRID

ROLLED TO THE SATISFACTION OF THE SOILS ENGINEER AND THE PUBLIC WORKS INSPECTOR, UNLESS OTHERWISE SPECIFIED.9. THE DISPOSITION OF ANY EXISTING WELL SHALL BE IN ACCORDANCE WITH THE CITY OF THOUSAND OAKS MUNICIPAL CODE SECTION 6-4.04 TO THE SATISFACTION OF THE CITY ENGINEER AND THE VENTURA COUNTY HEALTH DEPARTMENT.

10. WITHIN SIX (6) MONTHS AFTER COMMENCEMENT OF GRADING, THE DEVELOPER SHALL PLANT ALL MANUFACTURED SLOPES 3 FEET AND HIGHER WITH SUITABLE GROUND

COVER, SHRUBS AND TREES, AND INSTALL A PERMANENT IRRIGATION SYSTEM TO

EFFECTIVELY AID IN EROSION CONTROL, ALL TO THE SATISFACTION OF THE CITY ENGINEER. A LANDSCAPING AND IRRIGATION PLAN SHALL BE SUBMITTED TO THE

COMMUNITY DEVELOPMENT DEPARTMENT FOR APPROVAL PRIOR TO MAKING SUCH INSTALLATIONS.

11. ANY CHANGES IN THE WORK SHOWN HEREON SHALL BE SUBJECT TO THE APPROVAL OF THE CITY ENGINEER.

12. THE DEVELOPER'S LANDSCAPE ARCHITECT SHALL SUBMIT WRITTEN CERTIFICATION

AFTER SATISFACTORY COMPLETION OF LANDSCAPING AND IRRIGATION REQUIREMENTS TO THE PUBLIC WORKS AND THE COMMUNITY DEVELOPMENT DEPARTMENTS. FIELD

MEASUREMENTS MAY BE REQUIRED TO ASCERTAIN THE PRECISE HEIGHTS OF CUT AND FILL SLOPES AND/OR SLOPE SURFACE AREA.

13. NO STOCKPILING AND/OR IMPORT/EXPORT HAULING SHALL BE PERMITTED UNLESS APPROVED ON THE GRADING PERMIT.

GENERAL GRADING NOTES

18. ACCESSIBILITY

TO THE EXTENT THE PROVISIONS APPLY, THE DEVELOPER SHALL COMPLY WITH THE REQUIREMENTS OF TITLE 24, BUILDING STANDARDS OF THE CALIFORNIA ADMINISTRATIVE CODE IN REGARDS TO PROVIDING ACCESS TO THE PHYSICALLY DISCABLED.

19. EROSION CONTROL MEASURES
A. STOCK PILE SANDBAGS IN PARKWAY AREAS FOR RAPID PLACEMENT IN THE EVENT OF A STORM.

B. EXCEPT AS OTHERWISE DIRECTED BY THE PUBLIC WORKS INSPECTOR, ALL DRAINGE

DEVICES SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FORECAST OF RAIN PROBABILITY IS 40% AND MAINTAINED DURING THE RAINYSEASON (OCTOBER 1ST TO APRIL 15).

APPROVED EROSION CONTROL DEVICES MUST BE IN PLACE DURING THE ABOVE STATED PERIOD.

CLEAN OUT MUD AND SILT AFTER EACH RAIN OR AS DIRECTED BY THE PUBLIC WORKS INSPECTOR.

20. SPECIAL NOTES FOR STORMWATER POLLUTION PREVENTION
A. A STORMWATER POLLUTION CONTROL PLAN (SWPCP) IS REQUIRED FOR ALL PROJECTS FOR WHICH THE DISTURBED AREA IS GREATER THAN 1 ACRE. SWPCP FORMS ARE AVAILABLE AT THE PUBLIC WORKS DEPARTMENT. A COPY OF THE

SWPCP SHALL BE ON FILE WITH THE CITY PRIOR TO ISSUANCE OF A GRADING PERMIT, AND A COPY SHALL BE MAINTAINED AT THE JOB SITE AT ALL TIMES.

B. CONSTRUCTION ACTIVITY INCLUDING CLEARING, GRADING, DISTURBANCES TO SOIL

SUCH AS STOCKPILING, OR EXCAVATION THAT RESULTS IN DISTURBANCES OF AT

LEAST ONE ACRE OF TOTAL LAND AREA ARE REQUIRED BY THE STATE TO APPLY

FOR AN NPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY. DEVELOPER SHALL FILE A NOTICE OF INTENT (NOI)

WITH THE APPROPRIATE FEE TO THE STATE WATER RESOURCES CONTROL BOARD AT THE FOLLOWING ADDRESS:

STATE WATER RESOURCES CONTROL BOARD

DIVISION OF WATER QUALITY

STORM WATER PERMIT UNIT
P.O. BOX 1977, SACRAMENTO, CALIFORNIA 95812 - 1977

PROOF OF FILING THE NOI SHALL BE ON FILE WITH THE CITY PRIOR TO ISSUANCE OF A GRADING PERMIT. A COPY OF THE SWPCP SHALL BE MAINTAINED AT THE JOBSITE AT ALL TIMES.

TOTAL LAND AREA TO BE DISTURBED IS: ________

1.6___________ ACRES.
(INCLUDING CLEARING, GRADING, STOCKPILING, AND/OR EXCAVATION)

21. SPECIAL NOTE FOR ON-SITE PAVING PLANS

THIS PLAN MAY HAVE BEEN REVIEWED ONLY AS A FINE GRADING, DRAINAGE AND

PAVING PLAN FOR THE PURPOSE OF DOING FINE GRADING AND CONSTRUCTION OF PARKING LOT(S) WITH THE APPROPRIATE DRAINAGE DEVICES. THE REVIEW DOES NOT

SUPERSEDE ANY COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS AND ALL ITEMS RELATING TO THE PLOT PLAN MUST BE FULFILLED. IT IS THE OWNER/DEVELOPER

OR HIS REPRESENTATIVE'S RESPONSIBILITY TO ASCERTAIN THAT EVERYTHING SHOWN HEREON AGREES WITH THE PLOT PLAN (I.E. CONCRETE CURBS, PLANTER AREAS, LIGHTING, ETC.)

22. AN ON-SITE PAVING PERMIT SHALL BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS, AND FEES PAID PRIOR TO PAVING PARKING AND DRIVEWAY AREAS.

23. MAXIMUM PAVEMENT SLOPES ARE AS FOLLOWS:

PARKING AREAS: 2%

MAXIMUM HANDICAP PARKING
3% MAXIMUM (OTHER PARKING)
DRIVEWAY AREAS: 7% MAXIMUM FOR COMMERCIAL USES
15% MAXIMUM FOR RESIDENTIAL USES

24. SEISMIC HAZARDS MAPPING ACT

PRIOR TO APPROVAL OF THE GRADING PLANS AND THE ISSUANCE OF A GRADING

PERMIT, THE DEVELOPER'S CIVIL ENGINEER OR ENGINEERING GEOLOGIST SHALL

DETERMINE IF THE PROPOSED DEVELOPMENT IS LOCATED WITHIN A LIQUEFACTION

OR LANDSLIDE AREA AS IDENTIFIED ON THE SEISMIC HAZARDS MAP PREPARED BY THE STATE OF CALIFORNIA. IF THE DEVELOPMENT IS WITHIN SUCH AN AREA, THE

DEVELOPER'S CIVIL ENGINEER OR ENGINEERING GEOLOGIST SHALL PREPARE

A REPORT WHICH EVALUATES THE POTENTIAL GEOLOGICAL HAZARD WITH

RECOMMENDATIONS FOR SUITABLE MITIGATION MEASURES, PURSUANT TO THE SEISMIC HAZARDS MAPPING ACT. THE DEVELOPER SHALL SUBMIT THE REPORT TO THE STATE

DEPARTMENT OF CONSERVATION, DIVISION OF MINES AND GEOLOGY, AT THE FOLLOWING ADDRESS, CONCURRENT WITH SUBMITTAL TO THE CITY:

SEISMIC HAZARDS MAPPING
801 K STREET MS 12 - 78
SACRAMENTO, CA 95814 - 3531

THE DEVELOPER SHALL PROVIDE A RETURN RECEIPT OR OTHER PROOF OF SUCH

SUBMITTAL TO THE CITY ENGINEER, ALONG WITH A COPY OF THE REPORT, PRIOR TO THE ISSUANCE OF THE GRADING PERMIT.

14. THE PERMITTEE SHALL EMPLOY A REGISTERED CIVIL ENGINEER TO PROVIDE CONSTANT

ON-SITE GRADING SUPERVISION TO ASSURE COMPLIANCE WITH THE APPROVED PLANS

AND A SOILS ENGINEER TO PROVIDE CONSTANT SOILS INSPECTION IN ACCORDANCE WITH SECTION 7-3.17 (C & D) OF THE THOUSAND OAKS MUNICIPAL CODE. THE PERMITTEE

SHALL SUBMIT RECOMMENDATIONS TO THE CITY ENGINEER WHO SHALL APPROVE THE SELECTION OF THE CIVIL ENGINEER AND SOILS ENGINEER. WEEKLY PROGRESS REPORTS SUBMITTED TO THE CITY ENGINEER BY THE CIVIL ENGINEER MAY BE REQUIRED.

15. UPON RECOMMENDATIONS MADE BY THE SOILS ENGINEER AND APPROVED BY THE CITY

ENGINEER PRIOR TO THE GRADING OF ANY PROJECT, ROCK WITH DIMENSION FROM EIGHT (8") INCHES TO THIRTY SIX (36") INCHES MAY BE PLACED IN DESIGNATED ROCK DISPOSAL SITES. SUCH OVERSIZED ROCK SHALL NOT BE IN THE UPPER TEN (10') FEET OF COMPACTED FILL OR NEARER THAN (20') FEET TO THE SURFACE OF ANY FILL SLOPE. SUCH ROCK DISPOSAL SITES SHALL BE SHOWN ON THE "RECORD DRAWINGS" AND CERTIFIED TO BE COMPACTED BY THE SOILS ENGINEER.

16. ALL RETAINING WALLS SHALL BE CONSTRUCTED UNDER A SEPARATE PERMIT, TO BE OBTAINED PRIOR TO THE ISSUANCE OF THE GRADING PERMIT.

17. OAK TREE NOTES:

A. ALL OAK TREES WITHIN THE PROJECT BOUNDARIES AND WITHIN 100 FEET OF THE PROJECT BOUNDARIES SHALL BE FENCED AT THE PROTECTED ZONE (5 FEET OUTSIDE THE DRIPLINE) UNTIL

PRESERVATION MEASURES, SUBMITTED BY THE SUBDIVIDER, ARE APPROVED BY THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DEPARTMENT. SAID FENCING SHALL CONSIST OF AT LEAST A 5 FOOT HIGH CHAIN LINK MATERIAL FASTENED TO STEEL STAKES 8 FEET ON CENTER.

B. ALL OAK TREE WORK SHALL BE DONE IN ACCORDANCE WITH THE CITY OF THOUSAND OAKS OAK TREE ORDINANCE 937-NS AND OAK TREE PRESERVATION AND PROTECTION GUIDELINES RESOLUTION NO. 2010-14.

C. UNDER NO CONDITION SHALL ANY WORK BE DONE WITHIN THE PROTECTED ZONES OF ANY OAK TREE, WITHOUT OBTAINING AN OAK TREE ENCROACHMENT PERMIT AND GIVING 48 HOURS ADVANCE NOTICE TO THE CITY. NO PROTECTIVE FENCING SHALL BE RELOCATED OR MOVED WITHOUT CITY APPROVAL.

Item No.11B

TREE INVENTORIú PLANT HEALTH CARE TREE RISK ASS úSMENTS ARBORIST REPORTS Arroyo Villa Apartments
1600 Rancho Conejo Blvd, Thousand Oaks, CA 91320

8.2.2022 Oak and Sycamore Tree Protection Plan
______________________________________________________________________________________________________________________________________________________________________________________________________________________ Prepared For :

Doug Griﬃth
Shapell Properties
1990 South Bundy Dr, Suite 500
Los Angeles, CA 90025
Prepared By :

Erick Serrano
Certiﬁed Arborist WE-6750A
ISA Qualiﬁed Tree Risk Assessor
DPR Qualiﬁed Applicator #114846B
Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports 3&7*4&%3&$*&7&%

$77$&+0(17
(To the 2/27/2023 PC Meeting)
Item No.11B

ASSIGNMENT
The following report is prepared for Doug GriƧth to help him with management decisions to protect the Coastal Live Oak Tree (Quercus agrifolia) and two Sycamores ( Platanus racemosa) during a proposed construction project to take place south of the tree. Below is an aerial view photo of the trees for reference.

Tree #1 , #13 and #14 are the subject trees for this report. Photos of the trees can be seen in detail in the digital inventory. Below are my observations and recommendations to help protect the trees during the construction.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

OBSERV ATIONS
The Oak tree #1 is in overall fair condition. It has a 14” trunk diameter measured at 4.5 feet from the ground. I noticed some bleeding in the trunk and branches from borer activity.

Sycamore Tree #13 has a trunk diameter of 14” and #14 has a trunk diameter of 12”.

These trees are at the east end of the property, they are inside the property of 1408 Sapphire. There is a block wall in between both properties. These walls usually have a 3 to 4 foot footing .

Please see the photos below.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

This photo above shows bleeding at the base of the tree. This is usually a sign of borer activity.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

These are the two Sycamores that are at the neighboring property 1408 Sapphire Dragon St.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

This photo shows the distance of the two Sycamores from the wall. Trees #13 and #14.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

Tree # 14 has bleeding in the trunk due to borer activity.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

The foliage in the two Sycamores are showing signs of anthracnose, a foliar fungus that is common in Sycamores.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

RECOMMENDATIONS
As a patient is prepared prior to a surgery by making sure he is healthy enough to go through an upcoming surgery and recover well from it, the same principle is true for trees that will go through root pruning or transplant. It is Important to prepare the patient. In this case Prepare this Oak tree.The tree roots expand far out beyond the canopy. The top 8” to 12” layer of soil is where the ﬁne hairy roots of a tree are present. These roots are the ones responsible for nutrient and water uptake in a tree. A tree also has larger roots that anchor a tree and balance the tree stability. These large roots are known as anchor roots. These anchor roots usually go down as deep about 4 to 6 feet below the grade. With this in mind it is very important to protect the tree roots during construction, not doing so may result in a slow tree death years after the construction. The following are important steps to help prepare and protect the trees before, during and after the construction.

Pre cutting the roots by hand digging a trench at a depth of 3 feet and cutting the roots with sharp tools will help reduce stress on the tree when future work is done. This root pruning should be done in the fall months with a Certiﬁed Arborist on site while the work is being done.

Hand digging inside the wall where the Sycamore trees are located at an approximate length of 20 feet will also help to explore and see if there are any large roots that are growing into the property. Roots can be cut with sharp hand saws or loppers.

All work must be supervised by an experienced Certiﬁed Arborist that will monitor and document the work.

Tree encroachment permits must be acquired before any work near these trees is commenced.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

1. Encourage new root growth and tree nutrients in the trees that will be aƦected by root pruning by drenching the soil under the tree canopy with a soluble fertilizer and root stimulant.

2. Erect a temporary fence with metal poles pounded in the ground for stability. A small entrance gate is recommended to monitor the tree during the construction.

3. Have a Experienced ISA Certiﬁed Arborist present when digging will done outside or inside the drip line of tree #1. Roots must be cut and not torn. Clean cuts must be done and roots should not be left exposed.

4. Have a pre-job meeting with The Arborist and any workers that will be working near or around the tree roots to explain the importance that these guidelines are followed.

5. Have this tree monitored at least one month prior to any digging within the drip line and continue monitoring during and after construction by an Experienced ISA Certiﬁed Arborist. Up to one year after construction is completed. Inspect for any decline and insects that may attack stressed trees.

6. Repeat a root stimulant a nutrient drench in trees 3 months after the ﬁrst application. Repeat quarterly for one year.

7. Drench soil with a systemic insecticide to suppress borer activity. Soil treatments should be repeated every three months until
improvements are noticed. A second option is to inject the tree with a systemic insecticide that will provide a two year protection.

8. Prune tree canopy to balance and raise lower branches that are spreading to the south of the property. Prune branches up to allow a clearance of 8 feet. This will help prevent damaging branches by equipment or if a wall is erected at the boundary line. Only prune branches under 2” with a hand saw or sharp pole bruner. Have work supervised by an ISA Arborist.

1. Erect a temporary fence with metal poles pounded in the ground for stability. A small entrance gate is recommended to monitor the tree during the construction.

2. Have a Experienced ISA Certiﬁ ed Arborist present when digging is done outside or inside the drip line of tree #1 #13 and #14 Roots must be cut and not torn. Clean cuts must be done and roots should not be left exposed.

3. Have a pre-job meeting with The Arborist and any workers that will be working near or around the tree roots to explain the importance that these guidelines are followed.

4. Have this tree monitored at least one month prior to any digging within the drip line and continue monitoring during and after construction by an Experienced ISA Certiﬁed Arborist. Up to one year after construction is completed. Inspect for any decline and insects that may attack stressed trees.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

5. Repeat a root stimulant a nutrient drench in trees 3 months after the ﬁrst application. Repeat quarterly for one year.

6. Drench soil with a systemic insecticide to suppress borer activity. Soil treatments should be repeated every three months until improvements are noticed. A second option is to inject the tree with a systemic insecticide that will provide a two year protection.

7. Prune tree canopy to balance and raise lower branches that are spreading to the south of the property. Prune branches up to allow a clearance of 8 feet.

This will help prevent damaging branches by equipment or if a wall is erected at the boundary line. Only prune branches under 2” with a hand saw or sharp pole bruner. Have work supervised by an ISA Arborist.

Below are two charts, One showing an example of root growth and another of how fences can be erected around the trees to be protected during construction.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

Assumptions and Limiting Conditions
● Care has been taken to obtain all information from reliable sources. All data has been veriﬁed insofar as possible; however, the Consultant can neither guarantee nor be responsible for the accuracy of information provided by others. Standard of Care has been met with regards to this project within reasonable and normal conditions. ● The Consultant will not be required to give testimony or to attend court by reason of this report unless subsequent contractual agreements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. ● Loss or alteration of any part of this report invalidates the entire report. ● Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior written consent of the Consultant.
● This report and any values expressed herein represent the opinion of the Consultant, and the Consultant’s fee is in no way contingent upon the reporting of a stipulated result, a speciﬁed value, the occurrence of a subsequent event, nor upon any ﬁnding to be reported. ● Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and re ﬂects the condition of those items at the time of inspection; and 2) the inspection is limited to a visual examination of accessible items without dissection, excavation, or coring, unless otherwise stated. There is no warranty or guarantee, expressed or implied, that problems or de ﬁciencies of the tree(s) or property in question may not arise in the future.
● Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. It is highly recommended that you follow the arborist recommendations; however, you may choose to accept or disregard the recommendations and/or seek additional advice.

Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

● Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a speciﬁc period of time. ● Any recommendation and/or performed treatments (including, but not limited to, pruning or removal) of trees may involve considerations beyond the scope of the arborist’s services, such as property boundaries, property ownership, site lines, disputes between neighbors, and any other related issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist can then be expected to consider and reasonably rely on the completeness and accuracy of the information provided.
● The author has no personal interest or bias with respect to the subject matter of this report or the parties involved. He/she has inspected the subject tree(s) and to the best of their knowledge and belief, all statements and information presented in the report are true and correct.
● Unless otherwise stated, trees were examined using the risk assessment criteria detailed by the International Society of Arboriculture’s publications Best Management Practices – Tree Risk Assessment and the Tree Risk Assessment Manual. — Tree Risk Assessment Practices —
From: Smiley, E.T., N. Matheny, and S. Lilly. 2017. Best Management Practices: Tree Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports Item No.11B

Risk Assessment. Champaign, IL: International Society of Arboriculture. “It is impossible to maintain trees free of risk; some level of risk must be accepted to experience the benefits that trees provide.” (p. 1)
“Trees are living organisms and naturally lose branches or fall.” (p. 2) “In assessing and managing trees, we should strive to strike a balance between the risk that a tree poses and the benefits that individuals and communities derive from trees.” (p. 2) “Any tree, whether it has visible weaknesses or not, will fail if the forces applied exceed the strength of the tree or its parts.” (p. 2)
“Structural failures occur when the forces acting on a tree exceed the strength of the tree structure or soil supporting the tree. Even a structurally strong tree will fail when a load or force is applied that exceeds the strength of one or more of its parts.” (p. 8) ***
From: Tree Care Industry Association, Inc. ANSI A 300 (Part 9). 2017. American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices (Tree Risk Assessment - a. Tree Failure). Londonderry, NH: Tree Care Industry Association, Inc.
“Tree risk assessors should inform the client that not all defects or conditions that predispose a tree or tree part to failure are detectable, nor are all failures predictable.” (p. 9) “Tree risk assessors shall not be required to assess trees other than those specified.” (p. 10)
“Tree risk assessors shall not be required to perform a higher level of assessment than specified.” (p. 10)
“Recommendations to mitigate risk by means other than tree removal should contain an advisory that not all risk associated with trees can be eliminated.” (p. 10) “It shall be the responsibility of the client, owner, the owner’s agent, or the controlling authority to select and implement the mitigation, schedule repeat or advanced assessments, and to schedule future monitoring and maintenance.” (p. 11) Serrano Arboriculture Specialties ⇻ Tree Inventories ⇻ Plant Health Care ⇻ Tree Risk Assessments ⇻ Arborist Reports FGG
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Item No.11B

T
hese documents can be found on file in the Community Development Department, City Hall, 2100 Thousand Oaks Blvd., Thousand Oaks and in Council Chambers.

Draft Negative Declaration and Appendices:

Arroyo Villa Apartments (ND 2021-70893)
cdd:410-40/Planning Commission/Agenda Packet/2023/2023-02-27/Shapell/07A Shapell 2021-70019 Attach 7/pz (FILE ID: 2021- 70893-ND)
ATTACHMENT #7
(To the 2/27/2023 PC Meeting)
Item No.11B

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RECO

RDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk
(Space Above this Line is for Recorder’s Use Only)
This Development Agreement is
recorded at the request and for the
benefit of the City of Thousand Oaks
and is exempt from the payment of a
recording fee pursuant to Government
Code § 6103.

DEVEL

OPMENT AGREEMENT
by and between

CITY OF THOUSAND OAKS
and

SHAPELL SOCAL RENTAL PROPERTIES, LLC
THIS DEVELOPMENT AGREEMENT is entered into this [ ]th day of [ ] 2023, by and between the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), and SHAPELL SOCAL RENTAL PROPERTIES, LLC , a Delaware limited liability company, (such entity, or its permitted assignee, “Developer” or “Owner”), with respect to the following facts and circumstances:

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

A. The State of California adopted the Development Agreement Statute to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Beginning with California Government Code Section 65864, the Development Agreement Statute authorizes City ATTACHMENT #8
(To the 2/27/2023 PC Meeting)
Item No.11B

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and an applicant for a development project to enter into a development agreement establishing certain development rights in the real property that is the subject of the development project application. City has also codified the processing of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (TOMC).

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

C. Government Code Sections 65864- 65869.5 authorize City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property.

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

E. Throughout this Agreement the terms “Owner” or “Developer” may be used synonymously, and both refer to Shapell SoCal Rental Properties, LLC.

F. Owner and the City have agreed that the parties should enter into a development agreement in accordance with the rules and regulations of City and State law.

G. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of a property just east of the “T” intersection of Rancho Conejo Boulevard and Corporate Center Drive, Thousand Oaks , California A.P.N. 667-0-173-025 (“Property” or “Project Site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan and in consideration of the agreements and undertakings of Owner as specified herein.

H. On January 25, 2020, the City Council adopted Resolution No. 2021- 004, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Located at Project Site.” As part of said Resolution, the City Council approved LU 2020-70026 and RCA 2019-70742, allocating up to 48 residential dwelling units of Citywide Measure E residential capacity to the Property.

I. Concurrent with this Agreement, Owner proposes that City grant Owner the following land use entitlement approvals for the Project (hereinafter “Project Approvals”):

Item No.11B

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1. An allocation of 27 Measure E units to the proposed apartment complex portion of the Project;

2. General Plan Amendment (No.2020-70026) to establish a Residential land use designation for the entire property;

3. Specific Plan Amendment (2020-70027) Amend SP -07 to change the use map from “Employment Center” to “Residential Apartments;

4. Protected Tree Permit (No. 2022-70626) to allow encroachment);

5. Residential Planned Development Permit (No. 2021-70019) for the construction of 27 multi-family residential apartments (inclusive of 4 affordable units) contained within three two-story buildings;

6. Negative Declaration (ND) 2021-70893.

J. During the application process, Owner submitted architectural plans, site plans, landscape plans , and grading plans to City for review by staff. The project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits “B” through “D”.

K. City has approved the Project, subject to the associated conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 07 and specifically determined that this Agreement : (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; (3) eliminates uncertainty in planning and secures the orderly development of the project; and, (4) that this Agreement encourages and assures private participation in the construction of housing stock, including affordable housing, as determined in the absolute discretion of the City Council.

L. On February 27, 2023, the Planning Comm ission of City considered the project, the material terms of this Agreement, and ND 2021-70893 at a duly noticed public hearing and made appropriate findings that the provisions of this Agreement are consistent with the General Plan and recommended [approval/ disapproval] of the project to City Council.

M. The City and Developer recognize that the development of the Property (as defined in Section 1.21 below) will create significant opportunities for economic growth in the City and Ventura County generally.

N. Developer wishes to obtain reasonable assurances that the Project may be developed in accordance with the Project Approvals and the terms of this Agreement.

Item No.11B

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O. This Agreement is necessary to assure Developer that the Project will not be reduced in density, intensity or use or be subjected to new rules, regulations, ordinances, or policies unless otherwise expressly allowed by this Agreement P. By entering into this Agreement, the City is encouraging the devel opment of the Project as set forth in this Agreement in accordance with the goals and objectives of the City, while reserving to the City the legislative powers necessary to remain responsible and accountable to its residents.

Q. The City Council, after conducting a duly noticed public hearing on March __, 2023, considered, confirmed, and approved that the project’s Negative Declaration adequately addresses the environmental impacts of the Project at the Property, approved the form and material elements of thi s Agreement, authorized the execution of this Agreement, and found that the provisions of this Agreement are consistent with the General Plan and the City’s Development Agreement Ordinance.

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

S. In exchange for the benefits to City, Developer desires to receive the General Plan Amendment to permit residential use on the Property , the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with existing land use ordinances and development standards, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et. seq., Title 9, Chapter 11 of the Thousand Oaks Municipal Code, and applicable affordable housing laws.

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

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

Item No.11B

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

1. Definitions

1.1. “Agreement” means this Development Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70511.

1.2. “Agreement Date" means the date this Agreement is entered into by City and Owner.

1.3. “Agreement Effective Date” is the date set forth in Section 6.1.

1.4. “Applicable Rules and Laws” means the City’s rules, regulations, ordinances, and official policies in force and effect as of the Agreement Effective Date governing permitted uses of the Property , the density or intensity of use, the maximum height and size of proposed buildings, park ing requirements, setbacks, development standards, the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, improvement, and construction standards, specifications, policies and guidelines applicable to development of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 07, and unless otherwise provided by this Agreement or the Project Approvals.

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

1.6. "City" means the City of Thousand Oaks, California.

1.7. "Conditions of Approval” means the conditions required by the City for City’s approval of the Project Plans, as more particularly described in Exhibit “D” attached hereto and incorporated herein.

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

1.9. “Development Entitlements” means those discretionary City permits and approvals (including conditions of approval) necessary for the development of the proposed Project consistent with the current General Plan and needed Zone Changes for the Project Site, and as required by City’s Municipal Code as of the Effective Date, and any amendment to such permit or approval allowed by City’s Municipal Code and this Agreement.

Item No.11B

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

1.11. “Future Development Entitlements” means all necessary City discretionary and Ministerial Approvals (including conditions of approval) for the development of the Project that are not addressed in this Agreement and that must be consistent with the current General Plan and Zone Change Ordinance for the Project Site, and as required by the City’s Municipal Code, and this Agreement.

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

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

2.203 of City’s Municipal Code.

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

1.15. “Moderate Income Household” is a household with income that does not exceed the greater of (i) 120% of the Area Median Income, as adjusted by Actual Household Size, or (ii) the then current income range limit for Moderate Income Households established for Ventura County under Section 6932 of Title 25 of the California Code of Regulations as in effect at the time the household submits its application for occupancy of the Moderate Income Rental Unit, as such limit is adjusted by Actual Household Size.

1.16. "Owner" or “Developer” means Shapell SoCal Rental Properties , LLC., and each and all of their respective transferees, successors, and assigns, whether voluntary or involuntary.

1.17. “Proceeding” means any third- party claim, action or proceeding against the Owner, City, or City’s officers and employees, filed or submitted to any Item No.11B

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federal or State court or any official California department, to set aside, void, or annul all or any part of this Agreement or any Project Approvals or for any damages for property damage, personal injury or death that may arise, directly or indirectly, from Developer or Developer’s contractors, subcontractors, agents or employees operations in connection with the construction of the Project.

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

1.19. “Project" means Owner’s proposed development of the Property in accordance with the terms and conditions of, this Agreement.

1.20. “Project Approvals” shall have the meaning described in Recital I of this Agreement.

1.21. “Project Entitlements” means any Development Entitlements, Future Development Entitlements, and Ministerial Approvals associated with the Project.

1.22. “Project Plans” means the architectural and engineering plans and specifications relating to the Project, as more particularly described in Exhibit “D” attached hereto and incorporated herein.

1.23. "Property" is that certain real property located within the City of Thousand Oaks just east of the “T” intersection of Rancho Conejo Boulevard and Corporate Drive, and as more particularly described in Exhibit A , attached hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.24. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a) the powers to enact regulations or take future Discretionary Actions after the appr oval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to comply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project A pprovals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless Item No.11B

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otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.

1.25. “Specific Plan Amendment” means the amendment of the use map within SP-07 in order to redesignate the Property from industrial use to residential use with the residential units as reflected in the City Council’s decision on application Residential Planned Development No. 2021-70019 and Specific Plan Amendment No. 2020-70027, filed and processed concurrently with this Agreement.

1.26. “Term” means the period of time for which this Agreement shall be effective in accordance with Section 6 below.

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

Item No.11B

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3. Purpose of this Agreement.

3.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Section 7.0, below, will be achieved in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City's Reserved Powers.

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

3.3. Mutual Objectives. Development of th e Project in accordance with this Agreement will provide for the orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, and as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements for, and other features of, the Project reflected in the Project Approvals, assure attainment of maximum efficient resourc e utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which the Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite improvements , creation and retention of jobs, and the development of an aesthetically attractive Project, as well as the public benefits described in Section 7.0, below. In addition, although development of the Project in accordance with this Agreement will restrain the City's land use or other Item No.11B

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relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

4. Applicability of the Agreement.

4.1. This A greement does not: (a) grant height, density or intensity in excess of that otherwise established in the conditions and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by the owner of the Property after the Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; or, (d) prohibit the Project's participation in any benefit assessment district that is generally applicable to surrounding properties. This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

5. Project Description and Exhibits.

5.1. The Property is that certain real property generally located just east of the “T” intersection of Rancho Conejo Boulevard and Corporate Center Drive, Thousand Oaks, California A.P.N. 667-0-173-025. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference.

Exhibit Designation Description
A
B
C
D
Legal Description of Property
Updated Site Plan
Conditions of Approval
Project Plans dated 01/13/21

6. Agreement Effective Date and Term.

6.1. The effective date of this Agreement shall be the date on which this Agreement is attested by the City Clerk of the City after execution by Developer and the Mayor of the City (the " Effective Date"). Unless extended by mutual written agreement of the parties, this Agreement shall expire and be of no further force or effect on the sooner to occur of (1) March __, 2028 or, if building permits to construct the Project have been issued by City, (2) the d ate when construction of the Project is complete in Item No.11B

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ac
cordance with the approved entitlements , the Project has been given all required building permit, final approvals, units are open for occupancy, or certificate(s) of occupancy have been issued by the applicable government authorities.

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

7.1. Benefits to City and Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and the obligations of Owner under this Agreement include, but are not limited to:
(a) Construction of the Project which increases residential stock in the City by adding 23 market -rate apartments in a mixture of one-bedroom, two-bedroom and three-bedroom units;
(b) C onstruction of an additional f our (4) affordable apartments made up of (2) two-bedroom, and (2) o ne-bedroom units
which are preserved as Moderate- Income Household level units as defined in Section 1.15;
(c) Agreement to execute a commercially reasonable Affordable Rental Housing Regulatory Agreement and Declaration of
Restrictive Covenant with City that provides that the four Moderate Income Household level units will be restricted as such for no more than 55 years from the date the units initially become available for lease;
(d) A rchitectural design of the Project in conformity with the approved Project Plans;
(e) Provision of the fees, dedications and public improvements required by the Project Approvals that will provide benefits for the community.

7.2. Benefits to Owner and Obligations of City. To the extent required by the Project Approvals, Owner will expend time and money in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:
(a) City’s good faith approvals of the Project Plans, Project Approvals and Project Entitlements, which approvals shall not be unreasonably withheld conditioned, or delayed;
Item No.11B

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(b) City’s allocation of up to 48 Measure E residential units for the Project;
(c) City’s guarantee that City fees related to development of the Property will not increase during the term of the Agreement; (d) City’s agreement to allow Owner to file all applications for Project Entitlements, Project Approvals and any other
required approvals in a single process not restricted as to the time of filing, so long as such applications are not submitted later than the expiration of this Agreement;
(e) City’s agreement to not change the existing zoning , Specific Plan and General Plan designations of the Property (except as otherwise set forth in this Agreement without Owner’s prior written consent during the term of this Agreement; and
(f) City’s assurance that any Project Entitlements, Project Approvals, and any other permits for the Project which owner has submitted or applied for will be processed in accordance with the terms and provisions of this Agreement, the approved Project Plans, and the Conditions of Approval.

8. Project Development

8.1. Project Description and Binding Covenants . The Property is described in the attached Exhibits A, and B which include a map showing its location and boundaries, as well as a legal description. The Property is commonly described as located just east of the “T” intersection of Rancho Conejo Boulevard and Corporate Center Drive, Thousand Oaks, California A.P.N. 667-0-173-025. Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this Agreement. The P arties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.

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

8.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the General Plan, approved zoning, and in accordance with applicable regulations, provided that Owner reasonably and satisfactorily complies with all preliminary procedures, actions, payments, criteria, Item No.11B

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and regulations applicable as of the effective date of this Agreement and generally required of developers by City for processing applications for developments at such time.

Such ministerial approvals will also be consistent with General Plan Amendment (LU) 2020-70026; Development Agreement (DAGR) 2022 -70511; Specific Plan Amendment (SPA) 2020- 70027; Residential Planned Development (RPD) 2021 -70019; Protected Tree Permit (PTP) 2022-70626; Negative Declaration (ND) 2021- 70893; the Conditions of Approval applicable to the Project as set forth in Exhibit D; and the terms and conditions of this Agreement.

8.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element des ignation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and ND No. 2021- 70893. The Project is subject to all applicable mitigation measures as described in ND No. 2021-70893. Accordingly, City acknowledges and agrees that the Project is compliant with CEQA rules, regulations, and requirements.

8.5. Permitted Uses and Development Standards . In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property in accordance with and subject to the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals, Project Entitlements, Conditions of Approval, or Project Plans that may, from time to time, be approved pursuant to this Agreement.

8.6. Owner to Build Approved Project . Owner hereby agrees that development of the Project shall be in accordance with the terms and conditions of t his Agreement, the exhibits attached hereto and incorporated herein by reference, the Project Approvals, Project Entitlements, C onditions of Approval, and Project Plans, and any amendments to any of the foregoing that may, from time to time, be approved pursuant to this Agreement. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Section 9.2.

8.7. Development Timing. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984) , that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purpor ts to limit over time the rate or timing of development or to alter the sequencing of development phases shall not apply to the Project and shall not prevail over this Agreement except to the extent as identified in this Agreement. Owner shall commence development of the apartment extension Project on the Subject Property on or before March __, 2026. Owner shall use commercially reasonable efforts to diligently pursue completion of the Project by obtaining successful final permit inspections and a Certificate of Occupancy for the Project on or before March __, 2028. In the event that Owner fails to obtain building permits to commence Item No.11B

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c
onstruction on any portion of the Project on the Subject Property prior to March __, 2026, this Agreement shall be deemed terminated as of said date and all reservations or allocations of market-rate Measure E units shall revert to the City’s Measure E capacity.

9. Rules, Regulations, and Fees

9.1. Applicable Rules, Regulations, and Official Policies . Except as otherwise provided in this Agreement, the rules, regulations, official policies, and conditions of approval governing the permitted uses of the Project Site, the density or intensity of use, and the design, improvement, construction, building and occupancy standards and specifications applicable to the Project and the Project Site shall be those in force under applicable law on the Agreement Effective Date. City shall have the right to impose reasonable conditions in connection with the Project consistent with applicable law and the terms and conditions of this Agreement, but such conditions and actions shall not prevent development of the Project as contemplated by this Agreement and the Future Development Entitlements, or place requirements on Owner in connection with the development of the Project that are burdensome or restrictive compared to other comparable projects.

9.2. Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code section 65869.5. This includes, but is not limited to, the California Building Cod e, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the City’s municipal code.

In the event state or federal laws or regulations enacted after the date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall be modified, extended or suspended as may be necessary to allow the parties hereto, the Project, and the Property to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdiction.

9.3. No City Liability for Federal or State Actions Affecting Project. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying development of the Property, neither City nor Owner shall in any manner be liable for any such prevention, delay, or modification of said development. Developer is required, at its cost and without cost to or obligation on the part of City, to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including the City, required by federal or state agencies).

Item No.11B

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9.4. Development Impact Fees . All applicable City processing and development fees and charges to Owner for the Project shall be at the rates in effect on the Effective Date of this Agreement . Fees payable directly to, or collected by City for payment on behalf of, other public agencies, including but not limited to the State of California, County of Ventura, Ventura County Watershed Protection District, Calleguas Municipal Water District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any applicable non- development fees, charges, taxes, assessments, or levies (including, but not limited to, those for water and wastewater usage, and landscape and lighting assessments) that are revised or adopted on a City-wide or regional or community-wide basis during the term of this Agreement may be applied to the Property under applicable law.

9.5. Governing Rules, Regulations, Ordinances , Conditions, and Policies. Notwithstanding anything to the contrary set forth in this Agreement, for the term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of the Property, the density and intensity of use, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be those rules, regulations and official policies in force on the effective date the City Council approves this Agreement, including the Conditions of Approval and Exhibits labeled “Project Plans” dated 01/13/21, and attached as Exhibit “D” To the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement. To the extent that any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations, or policies adopted by the City are applicable to the Property and are not inconsistent with the terms and conditions of this Agreement or are otherw ise made applicable by other provisions of this Agreement , such future changes in the General Plan, zoning codes or such future rules, ordinances, regulations or policies shall be applicable to the Property.

9.6. Health and Safety Exception. Nothing herein shall be construed to limit the authority of City to adopt and apply codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a health, safety, or physical risk.

9.7. Applicable City Construction Standards. All project construction and improvement plans for the Project shall comply with the applicable governmental rules, regulations, and design guidelines in effect at the time the Project Plans are approved.

If no permit is required for the public improvements, the date of permit approval shall be the date the improvement plans are approved by the City or the date construction for the public improvements is commenced, whichever occurs first.

Item No.11B

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9.8. Reserved Discretionary Approvals. RPD No. 2021-70019 has been approved and adopted for the development of the Project on the Subject Property. Owner will first need to obtain a building permit(s) and other future discretionary approvals to complete construction and development of the Project on the Subject property as described in the exhibits attached to this Agreement. City agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all future applications for such reserved discretionary approvals and City shall exerc ise its discretion in a manner consistent with and in recognition of this Agreement and other approved documents associated with this Agreement.

9.9. Uniform Codes Applicable. This Project shall be constructed in accordance with the requirements of all appl icable California Building Codes and local amendments, in effect at the time of submittal of the appropriate building, grading, encroachment or other construction permits for the Project. The Project must be built consistently with the City’s General Plan, Thousand Oaks Municipal Code, and Specific Plan No. 07. If no permits are required for any infrastructure improvements, such improvements will be constructed in accordance with the provisions of the codes delineated herein in effect at the start of construction of such infrastructure.

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

11. Amendments and Cancellation of Agreement . This Agreement may be amended in whole or in part only in writing and only by the mutual consent of the parties in the manner provided by Government Code Section 65868 and City Municipal Code Section 9- 11.14(a). Any subst antial change to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions or requirements related to subsequent discretionary actions, or conditions or covenants related to the use of the Property under this Agreement, and in particular the Conditions of Approval in Exhibit C, shall require an amendment to this Agreement. The City will use all reasonable and good- faith efforts to schedule any noticed public hearings required to amend this Agreement before the Planning Commission and/or City Council as soon as practicable. Developer or a Mortgagee shall reimburse the City for its actual costs, reasonably and necessarily incurred, to review any amendments requested by Developer or a Mortgagee.

11.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the term of this Agreement; (b) the permitted uses of the Property; (c) the provisions for the reservation or dedication of land; (d) changes to conditions, terms, restrictions or requirements applicable to subsequent discretionary actions; (e) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (f) changes to the zoning of the Property , sha ll be Item No.11B

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deemed a “Major Amendment” and shall require giving of notice and a public hearing before the City’s Planning Commission and the City Council. Any amendment , which is not a Major Amendment , shall be deemed a Minor Amendment subject to Subsection

11.2 below. The City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment subject to this Section or a Minor Amendment subject to Subsection 11. 2 below. Said determination may be appealed to the City Council.

11.2. Minor Amendments. The Parties acknowledge minor changes to the terms and conditions of this Agreement may include any modification to the Project that is consistent with the intent of the approved Project Plans and which does not involve any deviation from the Specific Plan or Municipal Code standards as applicable. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Subsection 11.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by Owner and the City Manager. Minor amendments authorized by this subsection may not constitute an “amendment” for the purposes of Government Code sections 65867, 65867.5, and 65868. U nless otherwise required by law, no such Minor Amendment shall require prior notice or hearing.

12. Cancellation and Termination. In addition to the Agreement ending by the inaction of owner to build the Project within the time limits set forth above, this Agreement may be canceled, in whole or in part, by mutual consent of the parties in the manner provided for in Government Code Section 65868 and Thousand Oaks Municipal Code Section 9-11.14. Any termination under Government Code Section 65865.1 or Thousand Oaks Municipal Code Section 9- 11.14(b) shall be effective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement pursuant to Section 65865.1 or Section 9- 11.14(b) if City determines in good faith that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences such cure and thereafter diligently and with continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City's or Owner's remedies as provided in this Agreement.

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

Item No.11B

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14. Periodic Review of Compliance with Agreement.

14.1. Periodic Review. City may review compliance with this Agreement every six (6) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information in Owner’s possession as City may reasonably require so City may properly perform the review.

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

15. Events of Default.

15.1. Defaults by Owner . If City determines in its reasonable, good faith discretion, that Owner is in default under the terms and conditions of this Agreement, City shall, by written notice to Owner, specify the manner in which Owner is in default and state the steps Owner must take to comply. If, within thirty (30) days after the effective date of notice from City specifying the manner in which Owner has failed to so comply, Owner does not commence all steps reasonably necessary to comply as required and thereafter diligently and with continuity pursue such steps to cure the default, then Owner shall be deemed to be in breach of this Agreement and City may terminate this Agreement or seek other remedies as set forth in this Agreement.

15.2. Defaults by City. If Owner determines in its reasonable, good faith discretion that City is in default under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to comply as required and thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in breach of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth this Agreement.

15.3. Remedies. The exclusive remedy for Owner for a default by City shall be specific performance under the terms of this Agreement to construct the Project as described within this Agreement. To the extent permitted by applicable law, Owner shall not assert, and hereby waives, any claim against City, its Officials, Officers, Employees, and Agents, on any theory of liability, for special, indirect, consequential , or punitive damages arising out of, in connection with, or as a result of, this Agreement and any actions by City to approve the Project and this Agreement. Owner further waives any right to monetary damages such as compensatory damages, loss of economic benefit, or lost profits.

Item No.11B

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

The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposure. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any prov ision of this Agreement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement In no event shall either Part y be entitled to special, consequential , or punitive damages or damages measured by lost profits.

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

16. Waivers and Delay.

16.1. Waiver. Failure by a party to timely insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to timely exercise its rights upon a breach of this Agreement by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance with the terms and conditions of this Agreement by either party in the future.

16.2. Third Parties. Non-performance of the obligations or responsibilities of either party under this Agreement shall not be excused because of a failure of a third party, except as provided in Section 19.3.

16.3. Force Majeure. The parties shall not be deemed to be in default of any provision of this Agreement where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, pandemic, strikes and other labor difficulties beyond the parties’ reasonable control. If any such events shall occur, the terms of this Agreement and the time for performance by party of any of its obligations hereunder shall be extended by the period of time that such events prevented performance of the obligation.

To assist the parties in determining the period of time for excusable delay, the parties may refer to federal, State, and local orders, including health orders, adopted by any of the various agencies that directly impact this Project and the parties’ ability to either work on the Project or process permits.

Item No.11B

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16.4. Nexus/Reasonable Relationship Challenges . Notwithstanding Section 15.4, Owner consents to, and waives any rights it may have now or in the future to challenge the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s existing land use regulations, including City’s General Plan, Municipal Code, Subdivision Map Act regulations, Specific Plan No. 0 7, Residential Planned Development rul es and regulations, and Oak/Landmark Tree Preservation rules and regulations as they exist on the Agreement Date as to the Project; or (2) this Agreement, including without limitation, any claim that the Agreement constitutes an abuse of the police power, violates substantive due process, denies equal protection of the laws, constitutes or results in a taking of property without payment of just compensation, or imposes an unlawful fee, exaction, or tax.

16.5. Cooperation by Owner. Owner will, in a timely manner, provide City with all documents, applications, plans, and other information in Owner’s possession and control, to the extent the same are not confidential or proprietary, reasonably necessary for City to carry out its obligations hereunder, provided that City provides Owner with reasonably adequate time to comply with any such requests, and shall use reasonable efforts to cause Owner’s planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefore. Owner shall also apply in a timely manner for such other permits and approvals from other governmental or quasi- governmental agencies having jurisdiction over the Property as may be required for the development of the Project.

17. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid , or by email.

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

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, California 91362
Attention: Community Development Director
[email protected]

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

Item No.11B

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Shapell SoCal Rental Properties, LLC
1990 S. Bundy Drive, Suite 500
Los Angeles, CA 90025
Attn: Doug Griffith, Director of Multifamily Operations [email protected]

With a copy to:

Shapell SoCal Rental Properties, LLC
1990 S. Bundy Drive, Suite 500
Los Angeles, CA 90025
Attn: Corporate Counsel
[email protected]

Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Developer, as set forth in this Section.

Developer shall give written notice to City, at least thirty (30) days prior to the close of escrow, of any sale or transfer of any portion of the Property and any assignment of this Agreement, specifying the name or names of the transferee, the transferee’s mai ling address, the acreage and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 19 or any other action City is required to take under this Agreement.

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

18. Cooperation in the Event of Legal Challenge.

18.1. Challenges to Agreement. In the event of any legal action instituted by a third party, including but not limited to any other governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to affirmatively cooperate in defending such action, including without limitation cooperation in seeking specific performance, declaratory relief or injunctive relief, to set court dates at the earliest practicable date(s) and to minim ize delay in the prosecution/defense of such action, provided such cooperation shall not require any Party to waive any rights. Each party shall bear their own costs and attorney’s fees in defending any such third-party challenge to the Agreement, except t hat the parties may by mutual Item No.11B

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written consent agree to joint legal representation in any such suit, the cost of which shall be equally shared between City and Owner. In the event of any litigation challenging this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

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

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

18.4. Cooperation. The City shall cooperate with Developer in the defense of the Proceeding; provided, however, that such obligation of the City to cooperate in its defense shall not require the City to (a) assert a position in its defense of the Proceeding which it has determined, in its sole discretion, has no substantial merit, (b) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, lack substantial merit, or (c) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, are contrary to its best interests, or to public policy.

Nothing contained in this Section 18.4 shall require Developer to refrain from asserting in its defense of the Proceeding positions or legal theories that do not satisfy the foregoing requirements.

18.5. Defending The Proceeding. Developer shall have the right, but not the obligation, to timely retain legal counsel to defend against any Proceeding, including without limitation a lawsuit to challenge a Project Approval or this Agreement based on an alleged violation of CEQA. The City shall have the right, if it so chooses, to defend any Proceeding utilizing in-house legal staff, or to retain outside legal counsel. Whether the City utilizes in-house legal staff, or outside legal counsel, Developer shall be liable for all legal costs, fees and expenses reasonably incurred by the City in defending a Item No.11B

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P
roceeding. Provided that Developer is not in breach of the terms of this Agreement, the City shall not enter into any settlement of a Proceeding that involves the modificat ion of any Project Approval or otherwise results in Developer incurring liabilities or other obligations, without the prior written consent of Developer.

19. Transfers and Assigns.

19.1. Transfers in General. Subject to the provisions of Section 19 of this Agreement, Owner shall have the right to sell, assign or transfer (collectively “transfer”) Owner’s rights, title, and interests in and to the Property, the Project, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

19.2. City Review of Proposed Transfer. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of the transferee. Any such transfer to an entity whose development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project shall be approved by the City’s Community Development Director. Unless agreed to in writing, if Owner transfers the rights under this Agreement before the Project is completely constructed, the subsequent Owner will be required to build or complete the construction of the Project based on the architectural plans approved by City and under the same entitlement conditions previously approved. The City’s Community Development Director may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within five (5) days from receipt of the City’s Community Development Director’s request that support a finding transferee has the requisite experience and the financial stability to develop the P roject. The Community Development Director may withhold approval of such transfer only if the proposed transferee fails to provide requested document to the Director in the time set forth above, the Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Project, or the transferee entity does not have sufficient net worth and financial fitness to carry out the Project, provided that the Community Development Director's approval shall not be commercially reasonable and shall not be unreasonably withheld, conditioned, or delayed. City shall notify Owner in writing of the Community Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee.

Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Item No.11B

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Manager or Designee within ten days of the Director’s determination. The City Manager or Designee will have up to forty-five (45) days to review the documentation provided by Owner or proposed transferee, speak with any party related to the issue, and issue a final, written determination.

19.3. Transfer to Lender . Nothing contained in this Section 19 shall prevent a transfer of the Property, or any portion thereof, to an institutional lender as a result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a building permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

19.4. Conditions of Transfer. The sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreement which has not been cured; (b) Owner has provided to City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which (1) the name and address of the transferee is set forth; and (2) the transferee expressly and unconditionally assumes all the obligations of Owner under this Agreement with respect to the Property and Project. If owner splits the Property in any way and sells a portion of the Property as currently defined in the legal description set forth in Exhibit A, the new or additional Owner or Developer must comply with the terms of this Agreement including complying with the timing of construction milestones as set forth in Section 7 and other sections herein, as well as all documents incorporated into this Agreement either as attachments or by specific reference. All additional owners shall execute an “Acceptance of Conditions” document in which they agree to comply with all entitlement conditions for the subject entitlements of the site.

19.5. Exceptions to Obtaining City Consent. Notwithstanding subsection

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

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

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

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

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

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

24. Rules of Construction and Miscellaneous Terms.

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

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

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

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

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

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

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

24.7. Entire Agreement. This Agreement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 11 herein contains the entire agreement between the parties and any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void.

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

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

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

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

Nothing herein shall waive or limit the provisions of Section 19, and no successor owner of the Property, any portion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing pursuant to Section 19. In any event, no tenant of an individual completed residential unit within Project shall have any rights under this Agreement.

27. Hold Harmless Agreement.

27.1. Duty to Hold Harmless, Defend and Indemnify . Excepting as to the extent any loss, property damage or injury arose from the City’s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determined by a court of competent jurisdiction, Developer hereby agrees to and shall defend, indemnify and hold City, its elective and appointive boards, commissions, officers, agents and em ployees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage caused by Developer or Developer’s contractors, subcontractors, agents or employees under this Agreement, w hether such operations be by Developer, or by any of Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s contractors or subcontractors.

In the event any claim, action, or proceeding is instituted against City, and/or its officers, agents, and employees, by any third party on account of the processing, approval, or of the Project Approvals and/or this Agreement, then the parties shall comply with section 18.1 and 18.2. As an alternative to defending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings involving the Project, and will cooperate fully in the defense thereof.

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28. Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including:
war; insurrection; strikes; walkouts; riots; floods; earthquakes; fires; casualties; pandemics; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs such as the annual review).

29. Dispute Resolution

29.1. Dispute Resolution Proceedings. The Parties may agree to dispute resolution proceedings in an effort to resolve disputes or questions of interpretation under this Agreement in a fair expeditious manner. These dispute resolution proceedings may include: (a) procedures developed by the City for expeditious interpretation of questions arising under development agreements; (b) arbitration as provided below; or (c) any other manner of dispute resolution which is mutually agreed upon by the parties.

29.2. Arbitration. Any dispute between the Parties that the Parties agree to resolve by arbitration shall be settled and decided by arbitration conducted by an arbitrator who must be a former judge of the Ventura County Superior Court or Appellate Justice of the Second District Court of Appeals or the California Supreme Court. This arbitrator shall be selected by mutual agreement of the Parties. If the parties are unable to promptly agree upon an arbitrator, each will provide a list of three available judges to the other and the other party may strike one. If only one judge remains from this process (because some of the judges on the two lists are identical), then that judge shall serve as the arbitrator. If two or more judges remain from this process, then the parties shal l endeavor in good faith to select one of them as the arbitrator. In the event that the parties cannot select an arbitrator, the matter shall be submitted to JAMS for selection of a JAMS panel arbitrator.

29.3. Arbitration Procedures. Upon appointment of the arbitrator, the matter shall be set for arbitration at a time not less than thirty (30) nor more than ninety (90) days from the effective date of the appointment of the arbitrator. The arbitration shall be conducted under the procedures set forth in California Code of Civil Procedure Sections 638 et seq ., or under such other procedures as are agreeable to both Parties, except that provisions of the California Code of Civil Procedure pertaining to discovery and the provisions of the California Evidence Code shall be applicable to such proceeding.

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29.4. Extension of Term . The Term of this Agreement, as set forth in Section 6.1, above, shall automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed prior to the expiration of the Term are delayed beyond the scheduled expiration of the Term as the result of such dispute resolution.

30. Applicable Law . This Agreement shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this Agreement shall be the County of Ventura, State of California for state actions and the Central District of California, Southern Division, for any federal actions.

31. Constructive Notice and Acceptance. Every person or entity that now or hereafter owns or acquires any right, title, interest in or to any portion of the Property, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person or entity acquired such interest in the Property.

32. Successors and Assignees . The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, any subsequent owner of all or any portion of the Property and their respective Transferees, successors, and assignees.

33. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and refers expressly to this Section. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any right or remedy with respect to any other occurrence or event.

34. No Third-Party Beneficiaries. The only Parties to this Agreement are the City and Developer. There are no third- party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever.

35. Legal Advice; Neutral Interpretation; Headings, Table of Contents, and Index. Each Party acknowledges that it has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. The headings, table of contents, and index used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement.

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36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement, not counting the Cover Page or signature page, consists of 29 pages and four (4) Exhibits.

37. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that all legal actions (including, without limitation, proceedings at law or in equity) arising out of this Agreement, shall be commenced and maintained only in Ventura County Superior Court, in any other appropriate court in the County of Ventura, or in the United States District Court for the Central District of California, Southern Division. Each Party hereby agree to submit to the jurisdiction of any and all such courts and further agree that venue shall be proper only in such court s. This Section shall survive the termination of this Agreement.

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

39. Recordation. This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. A failure to record the Agreement in a timely fashion shall not impact its effectiveness.

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

“OWNER”

SHAPELL SOCAL RENTAL PROPERTIES,
LLC
a Delaware limited liability company

By: __________________________________

Name: _____________________ __________
Title: _________________________________
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“CITY”

CITY OF THOUSAND OAKS,
a municipal corporation

By: __________________________________
Kevin McNamee, Mayor
ATTEST:
____________________________
Laura B. Maguire, City Clerk

APPROVED AS TO FORM:
_____________________________
Patrick J. Hehir, Chief Assistant City Attorney

APPROVED AS TO ADMINISTRATION:
_____________________________
Andrew P. Powers, City Manager

Acknowledgements on following pages.

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

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared

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

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

WITNESS my hand and official seal.

Signature

(Seal)

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature
(Seal)
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STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared

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

WITNESS my hand and official seal.

Signature

(Seal)

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EXH
IBIT “A”
Legal Description of Property
EXHIBIT “A”

LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP L.D. 674, IN THE CITY OF THOUSAND OAKS,

COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 58, PAGE 19, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 1.60 ACRES, MORE OR LESS.

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EXHIBIT “B”

Site Plan

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EXHIBIT “C”
Conditions of Approval

CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019- RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application – The General Plan Amendment; Residential Planned Development Permit; Specific Plan Amendment; Protected Tree Permit; Development Agreement; and Negative Declaration are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated January 13, 2021 attachment to the Planning Commission staff report dated February 27, 2023.

2. Scope of Permit Approval – A General Plan Amendment from Industrial to High- Density Residential; a Specific Plan Amendment to SP - 07 (Rancho Conejo); a Development Agreement specifying development performance; a Residential Planned Development Permit allowing the construction of a new 27- unit, multi - family residential apartment building consisting of two stories and associated amenities; a Protected Tree Permit to allow minimal encroachment of one (1) oak tree and two (2) California sycamore ( Platanus racemosa) tr ees, as shown on project plans labeled “Project Plan Set,” dated January 13, 2021, and the Tree Report (August 18, 2022) and updated arborist memo (August 29, 2022) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approval shall only be effective once the Development Agreement is in effect.

3. Approval Period – The above permits are granted for the period identified in Development Agreement 2022-70511-DAGR and contingent on compliance with the terms set forth therein.

4. Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.

5. Project Changes/Modifications – Minor changes to 2021-70019-RPD and 2022- 70626-PTP; may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is Item No.11B

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still in compliance with the Specific Plan, including all development standards, and, as applicable, the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

6. Condition Compliance – All development on the subject property shall be constructed and thereafter mai ntained in accordance with the conditions of this permit, and the Development Agreement.

7. Compliance with Applicable Laws, Rules, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement 2022 -70511-DAGR, the applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed- use development.

8. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas service release. Copies of all required licenses shall be submi tted to the Community Development Department.

9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 2022-70511-DAGR.

10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period has commenced upon the date of approval of 2021- 70019-RPD by the City (April 04, 2023).

11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and Cit y department responsibilities associated with the project. Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

Item No.11B

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

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

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

15. Approval Inclusion – The following shall apply:
• This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan- check process and shall be part of the project plans for which building permits are issued.
• All agreements, obligations, conditions, development standards, and use allowances contained in Specific Plan 07 and Development Agreement 2022-70511-DAGR shall apply to this approval.

16. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to Item No.11B

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comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

17. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, off icials or employees to attack, set aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement 2022- 70511-DAGR. The City shall promptly notify the applicant of any claim, action or proceeding and the C ity shall cooperate fully in the defense.

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

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

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

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

B. The Affordable Housing Covenant shall require four (4) units as affordable units. The four (4) units will be preserved at the moderate- income level of 120% of the Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on- going affordability of these four (4) restricted units for 55 years from the date the units initially become available for lease.

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

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

Item No.11B

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

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

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

20. Development Agreement – The project approvals shall be void and have no further force or effect in the event that any of the City Conditions Precedent set forth in the Development Agreement are not fulfilled.

CULTURAL RESOURCES

21. Evaluation – In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.

22. Native American Heritage Commission – If human bone is discov ered during geologic testing or during construction, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours.

Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

23. Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Development Department prior to ANY vegetation removal on site.

PARCEL MERGER
Item No.11B

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24. Lot Merger (Parcel Map Waiver) – Prior to the issuance of building permits, the applicant, or any subsequent owner and/or applicant shall submit an application with, and have it approve d by, the City of Thousand Oaks Community Development Department to merge the two legal lots into a single legal lot. This lot merger shall then be recorded with the County of Ventura within 30 -days of City approval of said application.

25. RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2021-70019-RPD

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT
Standards – All development standards shall be satisfied to include the following per the submitted plan:

26. Architectural Building Design – The architectural design shall comply with the building plans as shown in the attachments labeled “Project Plan Set” dated January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

27. Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated January 13, 2021 to the Planning Commission staff report dated February 27, 2023, are approved in concept only. Prior to the issuance of a grading permit, a final color and materials

DEVELOPMENT

STANDARD REQUIRED SETBACKS PROVIDED

RESIDENTIAL (NEW)

Front
(Rancho Conejo Blvd.)
20 Feet Minimum from
Public Street
22’-9”

Sides
(These setbacks would
not be applicable once
PM was in effect).

15 Feet minimum

15’-8” to 16’-2”
Rear (South) 15 Feet Min 15’-11”
Parking Lot
Landscaping (s.f.)
10% of Surface Parking
Area (18,911 S.F.)
1,900 S.F.

2,423 S.F.

Item No.11B

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s
ample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

28. B
uilding Height – Average building height shall comply with the average heights specified for the subject (Sub- Area Area) by Specific Plan 07. In this case, the plans dated January 13, 2021, show a maximum height of 29 feet. This height would require an additional (1) foot of distance for affected side setbacks; however, the required parcel merger would remove the dividing property line, thus eliminating the north side setback for the proposed buildings.

29. D
ownspouts – The downspouts on the exterior of the buildings, within public view, shall be concealed within the building walls subject to the review and approval of the Community Development Department.

30. R
oof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set,” date stamped January 13, 2021. Said equipment shall be screened from public view perspectives, including Rancho Conejo Boulevard. In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment.

Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by t he Community Development Department.

31. S
urface-Mounted Mechanical Equipment – All surface -mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building.

32. C
ertified As -Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments labeled “Preliminary Item No.11B

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Grading Plan,” date stamped January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

33. Exporting/Importing Earth Materials – Any exporting or i mporting of earth material and debris shall be authorized by permit issued by the Public Works Department. The builder shall comply with an approved haul route to and from the project site and shall coordinate the hauling of this material with the Public W orks and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

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

35. APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution C ontrol District (APCD) prior to beginning any construction activity.

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

PARKING, ACCESS, AND DRIVEWAY

37. Required Parking – A minimum of 51 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped January 13, 2021. The number of required parking spaces is based upon the parking requirements for multi -family residential, as set forth by reference in SP -07. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4- 2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be inc luded in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan. Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

Item No.11B

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38. C
ompact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9- 4.2404(d)(3). No overhang compact parking space shall be permitted within five feet (5-feet) of any vertical obstruction.

39. P
arking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required by the Thousand Oaks Municipal Code.

40. D
riveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

41. On-S
ite Traffic Control and Calming – Prior to issuance of any Building Permit, the applicant shall submit a Traffic Control and Traffic Calming plan demonstrating measures within onsite drive aisles and circulation areas. Measures shall include, but not limited to, signs, striping, and speed bumps. Said measures shall be designed and shown on a signing and striping plan. The location and type of device(s) shall be designed and installed to the satisfaction of the Community Development and Public Works Directors.

ANDSCAPING, FENCES, AND WALLS

42. La
ndscape Design Compliance/Approval – All landscaping and irrigation improvements, including those in the Residential Landscaping License Area, shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation Resolution No. 2007- 116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

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

43. M
anufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7- 3.24), all manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

Item No.11B

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44. Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques, i.e. drought-tolerant low water -using plants. The use of lawn, grasses, and turf shall be minimized. Landscape irrigation systems shall likewise be designed using low output sprinklers and/or drip automatic timed controls. All landscaping and irrigation plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO), with all applicable calculations provided on the cover sheet.

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

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

47. Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping. Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

48. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot high chain- link fence within the limits of the proposed development area. Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site.

The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.

LIGHTING

49. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed twenty (20) feet in height.

Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three (3) feet from parking surfaces with twenty-four (24) inch high concrete pedestals. All pedestals shall be painted the same color which shall complement Item No.11B

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one of
the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photom etric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

50. W
all Lighting – Wall-lighting fixtures at building entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division.

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

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

52. Li
ght Source – Use of bright white, high intensity LED or metal halide lighting is prohibited.

S
IGNS

53. A
ll Signs – All site and building signage shall comply with Specific Plan 07 and shall be designed to meet the Precise Plan of Design Guidelines (Res. No. 2006- 108), and as specified in the Specific Plan. The design, color and location of all site and building signs as well as address numbers shall be processed under separate permits. A sign program shall be submitted to the Community Development Department for review and approval.

Item No.11B

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202
2- 70626-PTP CONDITIONS

54. O
ak Tree and Landmark Tree Preservation and Protection Guidelines Compliance – Unless otherwise approved by the Community Development Department, all construction activities to or near an oak or landmark tree shall conform and abide by the City of Thousand Oaks, Preservation and Protection requirements as specified in Articles 42 and 43 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code.

55. O
ak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected by the proposed improvements.

56. S
ite Monitoring – U nless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in the applicant’s oak tree report labeled Oak Tree Report (Oak and Sycamore Tree Protection Plan) dated August 18, 2022, prepared by Erick Serrano, C.A.

57. R
equired Temporary Fencing – Prior to commencing construction, a five-foot (5’) high fence shall be installed and maintained around the protected zone, or other location as approved by the Community Development Department, of all onsite and offsite oak trees and landmark trees. Installation of said fence shall be reviewed and approved by the Planning Division of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

58. R
oot Preservation – During excavation for construction improvements, if an oak tree root over two inches (2") in diameter is encountered, the Planning Division of the Community Development Department shall be immediately contacted to conduct a field inspection to determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees
.

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

60. S
torage of Materials – No storage of materials is permitted within the protected zones of any oak tree.

Item No.11B

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

62. Billing by City Oak Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak tree consultant in conjunction with this oak tree permit.

63. Written Certification – The applicant’s oak tree consultant shall certify in writing that all conditions of this Oak Tree Permit have been met and that protective measures, to ensure the preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak Tree Consultant, paid for by the applicant, shall be performed up on receipt of certification and prior to final inspection for building occupancy.

PUBLIC WORKS DEPARTMENT

GENERAL

64. Plan Format – All plans submitted to the Public Works Department shall be formatted to 24 inch by 36-inch sheet size, using city standard title block, and as - built/record plans shall be submitted as part of the closure and acceptance of the project.

65. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards
.

66. Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which pr epared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property Item No.11B

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pr
oposed for development. Any deviation from this condition must be approved by the City Engineer.

67. T
itle Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted t o the Public Works Department for review prior to grading plan-check or the issuance of any Building or Grading Permits.

68. I
nspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org
.

69. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of construction and prior to the disturbance or dest ruction of any existing survey monument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor showing monum ents that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

ATER AND WASTEWATER

70. Water Service Requirements – Prior to, or concurrent with, submittal of improvement plans to the City, the applicant shall submit letter to the City from the California-American Water Company indicating that the applican t has made the necessary financial and administrative arrangements with Cal-Am Water Company to receive water service. Cal -Am Water shall also issue a written clearance indicating that all water systems are installed and approved prior to Occupancy.

71. P
rocedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified Item No.11B

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fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request.

72. Wastewater Service – There is no wastewater lateral to serve the subject property. The applicant shall design and construct a private on- site wastewater system and connect to the City’s public wastewater system.

DEVELOPMENT ENGINEERING

73. Encroachment Permit – Where any construction occurs within public right -of- way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/security posted (if required) prior to initiating construction of any improvements.

74. Noise Abatement Prior to Commencement of Working Hours – On grading and construction projects where residential units are located within 100 feet of the boundaries of the proposed work, the contractor may not start up any vehicles or any gas or diesel powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.

75. Hauling of Imported or Exported Materials – In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.

76. Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading /building construction phase. The grading and improvement plans submitted to the City for plan-check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, Item No.11B

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storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan- check and inspection fees, an d the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

77. On-site Drainage Capture – To the extent feasible, provide flow-intercept devices (or grading design) to intercept discharges flowing toward the driveway approaches such that all flows are captured on- site to the maximum extent practicable.

78. On-site Drainage Capture for MS4 Projects – It is generally necessary to capture and treat all surface drainage on the site. In accordance with Ventura County Technical Guidance Manual (TGM) for Stormwater Quality Control Measures (2011), a maximum of 5% of the site is permitted to discharge without full capture.

Such Effective Impervious Areas (EIA’s) that escape capture and retention shall be treated using source- control Best Management Practices (BMP’s) and good- housekeeping measures. Maintenance specifications shall be incorporated into the on-site stormwater Maintenance Plan (refer to NPDES conditions).

79. On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on- site storm flows. The project lies within subarea 688B of said Master Plan, with Q 10 = 1.93
cfs and Q100 = 3.24. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q 10 (developed) discharge flows and for the detention calculations up through Q100.

80. On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.

81. Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detenti on, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q
10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q 100 event as a result of development.

The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.

Item No.11B

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82. On-s
ite Ribbon Gutters – The City prohibits the use of ribbon gutters and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Dev elopment Directors (MC 9-4.2405).

83. Detention of Onsite Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q
10 (developed) flows into the public storm
drain system. All flows in excess of Q 10 (developed) up to and including Q 100 (
developed) must be detained on-site. A simplified detention method is available for this site.

84. Existing Improvements – Existing improvements adjacent to the property, including but not limited to sidewalks and curb & gutter which are broken or uneven shall conform to City and ADA standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.

85. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on- site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).

TIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

86. NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater Program “Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No. CAS004002 (M.C. 7-8.302).

87. MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly -connected impervious areas affected by the project. The design shall function for the first three- quarter-inch (3/4”) of all rainfall events, including drawdown and elimination of the captured runoff within 72- hours of the Item No.11B

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r
ainfall event. Drawdown may typically be achieved via groundwater recharge/percolation or vegetative irrigation/evapotranspiration. Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org
.

88. B
MP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:

Treat the storm flow equivalent to ten percent (10%) of the 50-year peak flow; or Treat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “ California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993) ” and the “ Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”

89. I
nlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.

90. S
tormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009- 009-DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
Item No.11B

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D. S
ediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response

TRAFFIC

91. T
raffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits.

92. B
icycle Racks – Prior to issuance of building permit 5 bicycle racks shall be installed to accommodate a total of at least 10 bicycles. The bike racks shall be the “inverted U” shaped racks and provided in the location shown on the exhibit in a manner acceptable to the City Engineer.

STAINABILITY
Solid Waste Collection and Diversion Requirements

93. T
rash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852- 5264, or visit their Sustainability Center at 2251 E. Thousand Oaks Blvd.

94. Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited t o, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used. For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.

Item No.11B

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95. Mandatory Organics Recycling - Mandatory Organics Recycling – The applicant/owner is hereby notified that California State law AB 1826 and SB 1383 require businesses, schools, hospitals, restaurants, government buildings and other commercial properties, including multi -family dwellings of 5 units or more, that generate two cubic yards or more of commercial solid waste per week (trash, recycle, organics, in aggregate) to separate and recycle organic waste and arrange for organic waste collection service. Organic waste includes food waste, landscape and pruning waste, non-hazardous wood waste, and food-soiled paper.

96. Trash Enclosures - Solid Waste, Recycling and Organics Collection – Required: American with Disabilities (ADA) accessible, covered 3- bin enclosures with a ramp are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source- separated solid waste, organic waste, and recyclable materials.

R
efer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Resident access to Waste Enclosures serving MFD -C or MXD developments via walk -up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel.

I
f residences have individual trash service, then individual solid waste, recycling and organics carts are required. Carts shall be kept in garages or hidden behind gates and a set-out area must be designated that does not impede traffic flow.

97. B
ulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler.

98. R
equired - Operational recycling plans are required before occupancy.

Water and Irrigation

99. W
ater – Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought restriction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. As soon as September 1, 2022, all outside irrigation could be eliminated. Please visit www.toakswater.org for more information on restrictions. Note that our water conservation ordinance has restrictions that exceed MWELO requirements.
100. Low-f
low/low volume Irrigation – please review the specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation.

Item No.11B

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103. Dust control – Refer to Ventura County Air Pollution Control District methods of dust control for el igible methods, for the duration of the water restrictions.

Alternatives to the use of use of potable water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potable w ater will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.

Recommendations

105. General – Recommended: Install energy star rated appliances.

107. Tree and Understory Plant Palette – Recommended: We encoura ge the applicant to rely heavily on Southern California native plants and drought tolerant plants that can survive frequent water restrictions. Developer is encouraged to minimize demand for outdoor water by minimizing turf and planting climate- appropriate trees and shrubs.

VENTURA COUNTY FIRE PROTECTION DISTRICT

Item No.11B

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108. H
azardous Watershed Fire Area – This project is in a Hazardous Watershed Fire Area and all structures shall meet hazardous fire area building code requirements.

Contact the Building Department for requirements.
109. F
ire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures. 110. B
uilding Plan Review – Building plans of all A, E, I, H, R -1, R -2, or R -4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 111. Fi
re-Flow (Commercial, Industrial, Multi-family buildings) – The minimum fire- flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.
112. Fi
re Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On -site fire hydrants may be required as determined by the Fire District.
113. Fi
re Hydrant Design (Commercial, Industrial, Multi -family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
• Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
• The required fire flow shall be achieved at no less than 20- psi residual pressure.
• Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. • Fire hydrants shall be set back from the curb face 24 inches on center. • No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

Item No.11B

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114. W
ater System Plans – Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2
115. Fi
re-Flow Verification – Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi for a minimum three- hour duration.
116. H
ydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed.
117. P
rivate Roads / Driveways – Private roads shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501
118. A
ccess Road Location – The access road shall be extended to within 250 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards.
119. R
oadway Extensions – Where the access road extends beyond the access point, the extended roadway shall comply with all of the requirements for fire apparatus access roads.
120. A
ccess Road Width – Minimum access road width of 24 feet required with no on- street parking permitted.
121. Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 122. Turnarounds – Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads exceed 150 feet. Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road/driveway. Turnaround areas shall not be used for parking and shall be kept free of obstructions at all times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards. 123. Access Road Certification – The access road shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works Item No.11B

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and/
or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.
124. F
ire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
125. F
ire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
126. F
ire Alarm System – A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 127. Fi
re Alarm / Sprinkler Monitoring Plans – Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 128. F
ire Extinguishers – Fire extinguishers shall be installed in accordance with t he International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.
129. E
mergency Lighting and Exit Signs – Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building and Fire Code requirements.
130. A
ddress Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway ent rance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
131. Ad
dress Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance Item No.11B

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w
ith Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation. 132. A
ccessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.). 133. K
nox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access. 134. C
onstruction Access – Prior to combustible construction, a paved all -weather access road/driveway suitable for use by a 20- ton Fire District vehicle shall be installed at locations approved by the Fire District.
135. C
onstruction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

OLICE DEPARTMENT
136. DO
OR SECURITY HA RDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non- removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
137. L
IGHTING – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the buildings and parking areas (If any). Interior after hours lighting is also highly recommended. The use of metal halide fixtures or Light-Emitting Diode (LED) is p referred over high-pressure sodium fixtures since metal halide and LED lighting provides superior illumination and color rendition. A lighting plan must be submitted to The Thousand Oaks Police Department for review and is subject to change prior to Police Department approval.

Item No.11B

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138. L
ANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area well- lit during darkness hours.
139. ADDRE
SS IDENTIFIERS –The building will display its address on all sides. Map signs of the facility will be placed at all pedestrian entrances. 140. ST
AIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots. 141. T
RASH ENCLOSURES – Exterior trash enclosures shall be kept closed/locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash enclosures will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
142. O
THER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department. *****

Item No.11B

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EXH
IBIT “D”
Project Plans dated 01/13/21
(P
roject Plans dated 1/13/21 will be attached upon project approval. See Attachment #5.) Item No.11B

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Page 1 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A

DEVELOPMENT AGREEMENT WITH SHAPELL
PROPERTIES, INC., RELATING TO THE

DEVELOPMENT OF PROPERTY LOCATED AT

RANCHO CONEJO BOULEVARD AND
CORPORATE CENTER DRIVE (APN 667-0-173-025)
ADJACENT TO AND NORTH OF 1300 RANCHO

CONEJO BOULEVARD, THOUSAND OAKS,
CALIFORNIA (DEVELOPMENT AGREEMENT 2022-
70511-DAGR)
The City Council of the City of Thousand Oaks does hereby ordai n as follows:

Part I
Based upon the information c ontained in the Staff Report, exhi bits, and public testimony given at a public hearing on April 04, 2023, t he City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public planning process, encourage p rivate participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such pr operty in order to establish certain development rights in such property; and WHEREAS, in accordance with the Development Agreement Statute, the City of Thousand Oaks (the “Cit y”) has adopted regulations (the “Development Agreement Regulations”) to implem ent procedures for the process ing and approval of development agreements in accordance with the Devel opment Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SHAPELL PROPERTIES , INC. (“Developer”) desires to carry out the development of a residential project (“Project”) located at Rancho Conejo Boulevard and Corporat e Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, (“Property”), consis tent with the General Plan, Specific Plan (SP 07), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein; ATTACHMENT #9
(To the 2/27/2023 PC Meeting)
Item No.11B

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WHEREAS, this Development Agreement (DAGR 2022-70511) will assure the City and the Developer that the Project will proceed as pro posed and that the Project can proceed without disr uption caused by a change in Ci ty planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the ac hievement of the private and p ublic objectives of the Project;
WHEREAS, the Planning Commission held a duty noticed public hea ring on February 27, 2023 on the Projec t, during which the Planning Commission received comments from the Devel oper, City staff, and members o f the general public and made a recommendation to the City Council on the Pro ject entitlements and legislative actions.

WHEREAS, the City Council of the City of Thousand Oaks held a d uly noticed public hearing on the Pr oject on April 04, 2023, during which the City Council received comments from t he Developer, City staff, and m embers of the general public and approved relat ed entitlements and legislativ e actions, including a General Plan Am endment (LU) 2020-70026; Specific Pl an Amendment (SPA) 2020-70027; Residential Planned Development Permit (RPD) 2021-70019; Protected Tree Permit (PTP) 2022-70626; and Negative Declaration (ND) 2021-70893;
Part 2

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

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

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:

Item No.11B

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(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Rancho Conejo Specific Plan (SP 07),

(b) The Development Agreement est ablishes certain development rights, obligations and condition s for implementation of the Pr oject located at Rancho Conejo Boulevar d and Corporate Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, immediately adjacent and north of the site located at 1300 Rancho Conejo Boulevard.

(d) The Development Agreement will not be detrimental to the pu blic health, safety and general welfare;

(e) The Development Agreement will support the orderly developm ent of the Property and the preservation of property values;

(f) The project qualifies as a “Residential” project, which is an a llowed use within the Planning Unit ‘E’ of SP 07.

(g) The project is consistent with the “residential” land use d esignation of the Thousand Oaks General Plan.

(h) The architectural design of the project complies with the i ntent and development standards of SP 07 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11).

(i) Negative Declaration No. 2021-70893 was prepared for the su bject Project. An Environmental Checklist was prepared for the Proje ct and determined that, the project will have no significant impac ts on the environment.

SECTION 4. The foregoing findings and det erminations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;

Item No.11B

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(b) The City’s General Plan, a s amended by General Plan Amendme nt LU 2020-70026 (City Council Reso lution No. ________) prior to adoption of this Ordinance;

(c) Resolution Nos. _____________ for the Project entitlements, adopted by the City Council on April 04, 2023, and which Resolutions and exhibits are incorporated herein by reference a s if set forth in full;

(d) All City Staff reports (and all other public reports and do cuments) prepared for the Planning Commission and City Council, relating to the Development Agreement and ot her actions relating to the Project;

(e) All documentary and oral evidence received at public hearin gs or submitted to the City during the comment period relating to the Development Agreement, and other a ctions relating to the Projec t; and

(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; rep orts, projections and correspondence related to development within an d surrounding the City, State laws and regulations and publications.

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

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

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

Item No.11B

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Part 3
(Uncodified)
Severability

SECTION 8. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutio nal, such invalidity or unconstitutionality shall not affect the validity or constit utionality of the remaining portions of this title; it being hereby expressly dec lared that this title, and each section, subsection, s entence, clause and phrase hereo f, would have been prepared, proposed, adopted, approved and ratified irrespe ctive of the fact that anyone or more sections, subsections, sentences, clauses o r phrases be declared invalid or unconstitutional.

Part 4
(Uncodified)
Effective Date

SECTION 9. This ordinance shall become effective on and after the thirtieth (30 th) day following its adoption, provided, however, that if the ac tions referred to in Section 6 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said a ctions become effective, as certified by the City Clerk.

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

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council

ATTEST:

Laura B. Maguire, City Clerk
City of Thousand Oaks City Council

Date Attested: ______________

Item No.11B

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APPROVED AS TO FORM: APPRO VED AS TO ADMINISTRATION:

Office of the City Attorney

P a t r i c k J . H e h i r , A n d r e w P . P o w e r s , C i t y Manager Chief Assistant City Attorney

Introduced: XXXX XX, 202X
Published: XXXX XX, 202XX
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.11B

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EXHIBIT “A”

DEVELOPMENT AGREEMENT

(Development Agreement will be attached upon project approval. See Attachment #8) Item No.11B

Agenda Related Items
Meeting of February 27, 2023

THOUSAND OAKS

PLANNING COMMISSION
Supplemental
Information
Packet 1
February 27, 2023
Americans with Disabilities Act (ADA):

In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the Community Development Department at (805) 449-2500.

Upon request, the agenda and documents in this agenda packet, can be made available in appropriate alternative formats to persons with a disability. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.

Supplemental Information:

Any agenda related public documents received and distributed to a majority of the Planning Commission after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically they are distributed on the Thursday or Friday preceding the Planning Commission meeting and/or on Monday before the meeting. Supplemental Packets produced on Thursday or Friday are available for public inspection in the Community Development Department, 2100 E. Thousand Oaks Boulevard, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). All Supplemental Packets are available for public review at the Planning Commission on the City's website www.toaks.org.

Item No.11B

C omm unity Developrnent Departrnent
MEM O RAN DUM 2100 Thousand Oaks Boulevard • Thousand Oaks, Ct\ 91362 Phone 805/ 449.2500 • Fax 805/ 449.2575 • www.roaks.org To: Planning Commission
From: Stephen Kearns, Planning Division Manager ~
Date: February 27, 2023
Subject: Supplemental #1 - Regarding Item 07 A - Proposed 27-unit Apartment Complex Extension. General Plan Land Use Amendment 2020-70026-LU, Development Agreement 2022-70511-DAGR, Residential Planned Development 2021-70019- RPD, Specific Plan Amendment 2020-70027-SPA, Protected Tree Permit 2022- 70626-PTP, and Negative Declaration 2021-70893-ND - Clarification/ Correction to Staff Report; Ordinance (Attachment #4) and Project Plan set (Attachment #7).

The following clarifications/corrections shall be made to the Staff Report:

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January 28, "2019" should be "2020"; number of units allocated should be "48 units"; however, only 27 of those units are being applied towards the project.

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height" was used, because the elevations as shown on Sheet A2.1 of Project Plans, are varied to add visual interest. The facade nearest to the street has a height of 29' to the top of the gable. The side of the building facade has a height that drops to 26'-3" and the elevation to the south has a height of 27'-8". In general, these heights are generated by gable peaks and the bulk of the building remains at a lower height of 22 feet.

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Three (3) parking spaces would be lost on the existing development to the north (Arroyo Villa Apartments) to allow for a connecting corridor. However, those spaces would be replaced on the new development. (Aerial photo shows 1 ADA space and trash enclosures -Which would need to be relocated). Therefore, within the context of the broader site, post Parcel Merger, the project would be providing the correct amount of required parking spaces (51) or three extra spaces if only considering the subject site.

The following clarifications/corrections shall be made to Attachment #4, Resolution:

Condition# 25 - Standards Table (Correction): [Provided 12'-5" to 16'-2"]. In the context of the subject site, the (north) side setback of 12'-5" would need a waiver; however, this touk s.or g
Item No.11B

setback would be much further (about 700 feet) once the Parcel Merger (required for approval) was recorded.

Condition# 28 - Building Height (Correction):

Building Height - Average building height shall comply with the average heights specified for the subject (Sub-Area Area) by Specific Plan 07. In this case, the plans dated January 13, 2021, show a maximum height of 29 feet. However, the north side facade and related building height is only 26'-3". This height would require an additional (1 /2) foot of distance for affected side setbacks; however, the required parcel merger would remove the dividing property line, thus eliminating the north side setback for the proposed buildings.

The following clarification shall be made to the Project Plan Set:

BUILDING CODE - (Clarification) The referenced Building Height of "4-stories Max. (60' Max.) only pertains to maximum allowable height under the construction Type of VA.

This standard is not related to Planning standards. The maximum building heights are specified by the Thousand Oaks Municipal Code, which is the development standard applied to this project.
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. ' '
Item No.11B

1 Nizar Slim
From: J R <[email protected]>
Sent: Monday, December 20, 2021 4:00 PM
To: Nizar Slim
Subject: Fwd: Opposition to building project
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi there,
can you please acknowledge receipt of my email? This is the second notice of opposition to this building project.

Sent from my iPhone
Begin forwarded message:

From: J R <[email protected]>
Date: September 21, 2021 at 7:36:29 AM PDT
To: [email protected]
Subject: Opposition to building project
I am opposed to this building project. I am a resident in the community next door and we don’t need any more construction or traffic in our area.

ATTACHMENT #2
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attach pz (FILE ID: 2022-70511-DAGR) Item No.11B

2 Sent from my iPhone
Item No.11B

1 Nizar Slim
From: J R <[email protected]>
Sent: Tuesday, September 21, 2021 7:36 AM
To: Nizar Slim
Subject: Opposition to building project
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am opposed to this building project. I am a resident in the community next door and we don’t need any more construction or traffic in our area.

Sent from my iPhone
Item No.11B

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

DEVELOPMENT AGREEMENT
by and between

CITY OF THOUSAND OAKS
and

SHAPELL SOCAL RENTAL PROPERTIES, LLC
THIS DEVELOPMENT AGREEMENT is entered into this [ ]th day of [ ] 2023, by and between the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), and SHAPELL SOCAL RENTAL PROPERTIES, LLC, a Delaware limited liability company, (such entity, or its permitted assignee, “Developer” or “Owner”), with respect to the following facts and circumstances:

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

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and an applicant for a development project to enter into a development agreement establishing certain development rights in the real property that is the subject of the development project application. City has also codified the processing of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (TOMC).

C. Government Code Sections 65864-65869.5 authorize City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property.

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

E. Throughout this Agreement the terms “Owner” or “Developer” may be used synonymously, and both refer to Shapell SoCal Rental Properties, LLC.

F. Owner and the City have agreed that the parties should enter into a development agreement in accordance with the rules and regulations of City and State law.

G. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of a property at Rancho Conejo Boulevard and Corporate Center Drive (APN 667-0-173-025) Adjacent to and North of 1300 Rancho Conejo Boulevard, Thousand Oaks, California (“Property” or “Project Site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan and in consideration of the agreements and undertakings of Owner as specified herein.

H. On January 25, 2020, the City Council adopted Resolution No. 2021-004, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Located at Project Site.” As part of said Resolution, the City Council approved 2020-70026-LU and 2019-70742-RCA, allocating up to 48 residential dwelling units of Citywide Measure E residential capacity to the Property.

I. Concurrent with this Agreement, Owner proposes that City grant Owner the following land use entitlement approvals for the Project (hereinafter “Project Approvals”):

Item No.11B

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1. An allocation of 27 Measure E units to the proposed apartment complex portion of the Project;

2. General Plan Amendment (No.2020-70026-LU) to establish a Residential land use designation for the entire property;

3. Specific Plan Amendment (No. 2020-70027-SPA) Amend SP-07 to change the use map from “Employment Center” to “Residential Apartments;

4. Protected Tree Permit (No. 2022-70626-PTP) to allow
encroachment);

5. Residential Planned Development Permit (No. 2021-70019-RPD) for the construction of 27 multi-family residential apartments (inclusive of 4 affordable units) contained within three two-story buildings;

6. Negative Declaration (No. 2021-70893-ND).

J. During the application process, Owner submitted architectural plans, site plans, landscape plans, and grading plans to City for review by staff. The project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits “B” through “D”.

K. City has approved the Project, subject to the associated conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 07 and specifically determined that this Agreement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; (3) eliminates uncertainty in planning and secures the orderly development of the project; and, (4) that this Agreement encourages and assures private participation in the construction of housing stock, including affordable housing, as determined in the absolute discretion of the City Council.

L. On February 27, 2023, the Planning Commission of City considered the project, the material terms of this Agreement, and 2021-70893-ND at a duly noticed public hearing and made appropriate findings that the provisions of this Agreement are consistent with the General Plan and recommended [approval/ disapproval] of the project to City Council.

N. Developer wishes to obtain reasonable assurances that the Project may be developed in accordance with the Project Approvals and the terms of this Agreement.

Item No.11B

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O. This Agreement is necessary to assure Developer that the Project will not be reduced in density, intensity or use or be subjected to new rules, regulations, ordinances, or policies unless otherwise expressly allowed by this Agreement P. By entering into this Agreement, the City is encouraging the development of the Project as set forth in this Agreement in accordance with the goals and objectives of the City, while reserving to the City the legislative powers necessary to remain responsible and accountable to its residents.

Q. The City Council, after conducting a duly noticed public hearing on April 4, 2023, considered, confirmed, and approved that the project’s Negative Declaration adequately addresses the environmental impacts of the Project at the Property, approved the form and material elements of this Agreement, authorized the execution of this Agreement, and found that the provisions of this Agreement are consistent with the General Plan and the City’s Development Agreement Ordinance.

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

S. In exchange for the benefits to City, Developer desires to receive the General Plan Amendment to permit residential use on the Property, the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with existing land use ordinances and development standards, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et. seq., Title 9, Chapter 11 of the Thousand Oaks Municipal Code, and applicable affordable housing laws.

Item No.11B

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1. Definitions

1.1. “Agreement” means this Development Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70511-DAGR.

1.2. “Agreement Date" means the date this Agreement is entered into by City and Owner.

1.3.“Agreement Effective Date” is the date set forth in Section 6.1.

1.4. “Applicable Rules and Laws” means the City’s rules, regulations, ordinances, and official policies in force and effect as of the Agreement Effective Date governing permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, improvement, and construction standards, specifications, policies and guidelines applicable to development of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 07, and unless otherwise provided by this Agreement or the Project Approvals.

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

1.6. "City" means the City of Thousand Oaks, California.

Item No.11B

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

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

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

2.203 of City’s Municipal Code.

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

1.16. "Owner" or “Developer” means Shapell SoCal Rental Properties, LLC., and each and all of their respective transferees, successors, and assigns, whether voluntary or involuntary.

1.17. “Proceeding” means any third-party claim, action or proceeding against the Owner, City, or City’s officers and employees, filed or submitted to any federal Item No.11B

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or State court or any official California department, to set aside, void, or annul all or any part of this Agreement or any Project Approvals or for any damages for property damage, personal injury or death that may arise, directly or indirectly, from Developer or Developer’s contractors, subcontractors, agents or employees operations in connection with the construction of the Project.

1.19. “Project" means Owner’s proposed development of the Property in accordance with the terms and conditions of, this Agreement.

1.20. “Project Approvals” shall have the meaning described in Recital I of this Agreement.

1.21. “Project Entitlements” means any Development Entitlements, Future Development Entitlements, and Ministerial Approvals associated with the Project.

1.23. "Property" is that certain real property located within the City of Thousand Oaks at Rancho Conejo Boulevard and Corporate Center Drive (APN #667-0- 173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, and as more particularly described in Exhibit A, attached hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.24. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a) the powers to enact regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to comply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project Approvals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless Item No.11B

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otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.

1.25. “Specific Plan Amendment” means the amendment of the use map within SP-07 in order to redesignate the Property from industrial use to residential use with the residential units as reflected in the City Council’s decision on application Residential Planned Development No. 2021-70019-RPD and Specific Plan Amendment No. 2020-70027-SPA, filed and processed concurrently with this Agreement.

1.26. “Term” means the period of time for which this Agreement shall be effective in accordance with Section 6 below.

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

Item No.11B

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3. Purpose of this Agreement.

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

3.3. Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, and as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements for, and other features of, the Project reflected in the Project Approvals, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which the Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite improvements, creation and retention of jobs, and the development of an aesthetically attractive Project, as well as the public benefits described in Section 7.0, below. In addition, although development of the Project in accordance with this Agreement will restrain the City's land use or other Item No.11B

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relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

4. Applicability of the Agreement.

4.1. This Agreement does not: (a) grant height, density or intensity in excess of that otherwise established in the conditions and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by the owner of the Property after the Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; or, (d) prohibit the Project's participation in any benefit assessment district that is generally applicable to surrounding properties. This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

5. Project Description and Exhibits.

5.1. The Property is that certain real property generally located at Rancho Conejo Boulevard and Corporate Center Drive (APN 667-0-173-025) Adjacent to and North of 1300 Rancho Conejo Boulevard Thousand Oaks, California. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference.

Exhibit Designation Description
A
B
C
D
Legal Description of Property
Updated Site Plan
Conditions of Approval
Project Plans dated 01/13/21

6. Agreement Effective Date and Term.

6.1. The effective date of this Agreement shall be the date on which this Agreement is attested by the City Clerk of the City after execution by Developer and the Mayor of the City (the "Effective Date"). Unless extended by mutual written agreement of the parties, this Agreement shall expire and be of no further force or effect on the sooner to occur of (1) April __, 2028 or, if building permits to construct the Project have Item No.11B

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been issued by City, (2) the date when construction of the Project is complete in accordance with the approved entitlements, the Project has been given all required building permit, final approvals, units are open for occupancy, or certificate(s) of occupancy have been issued by the applicable government authorities.

7.1. Benefits to City and Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and the obligations of Owner under this Agreement include, but are not limited to:
(a) Construction of the Project which increases residential stock in the City by adding 23 market-rate apartments in a mixture of one-bedroom, two-bedroom and three-bedroom units;
(b) Construction of an additional four (4) affordable apartments made up of (2) two-bedroom, and (2) one-bedroom units
which are preserved as Moderate-Income Household level
units as defined in Section 1.15;
(c) Agreement to execute a commercially reasonable Affordable Rental Housing Regulatory Agreement and Declaration of
Restrictive Covenant with City that provides that the four Moderate Income Household level units will be restricted as such for no more than 55 years from the date the units initially become available for lease;
(d) Architectural design of the Project in conformity with the approved Project Plans;
(e) Provision of the fees, dedications and public improvements required by the Project Approvals that will provide benefits for the community.

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(b) City’s allocation of up to 48 Measure E residential units for the Project;
(c) City’s guarantee that City fees related to development of the Property will not increase during the term of the Agreement; (d) City’s agreement to allow Owner to file all applications for Project Entitlements, Project Approvals and any other
required approvals in a single process not restricted as to the time of filing, so long as such applications are not submitted later than the expiration of this Agreement;
(e) City’s agreement to not change the existing zoning, Specific Plan and General Plan designations of the Property (except as otherwise set forth in this Agreement without Owner’s prior written consent during the term of this Agreement; and
(f) City’s assurance that any Project Entitlements, Project Approvals, and any other permits for the Project which owner has submitted or applied for will be processed in accordance with the terms and provisions of this Agreement, the approved Project Plans, and the Conditions of Approval.

8. Project Development

8.1. Project Description and Binding Covenants. The Property is described in the attached Exhibits A, and B which include a map showing its location and boundaries, as well as a legal description. The Property is commonly described as Rancho Conejo Boulevard and Corporate Center Drive (APN #667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, Thousand Oaks, California. Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this Agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.

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

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and satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the effective date of this Agreement and generally required of developers by City for processing applications for developments at such time.

Such ministerial approvals will also be consistent with General Plan Amendment 2020- 70026-LU; Development Agreement 2022-70511-DAGR; Specific Plan Amendment 2020-70027-SPA; Residential Planned Development 2021-70019-RPD; Protected Tree Permit 2022-70626-PTP; Negative Declaration 2021-70893-ND; the Conditions of Approval applicable to the Project as set forth in Exhibit D; and the terms and conditions of this Agreement.

8.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element designation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and ND No. 2021- 70893-ND. The Project is subject to all applicable mitigation measures as described in ND No. 2021-70893-ND. Accordingly, City acknowledges and agrees that the Project is compliant with CEQA rules, regulations, and requirements.

8.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property in accordance with and subject to the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals, Project Entitlements, Conditions of Approval, or Project Plans that may, from time to time, be approved pursuant to this Agreement.

8.6. Owner to Build Approved Project. Owner hereby agrees that development of the Project shall be in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, the Project Approvals, Project Entitlements, Conditions of Approval, and Project Plans, and any amendments to any of the foregoing that may, from time to time, be approved pursuant to this Agreement. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Section 9.2.

8.7. Development Timing. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases shall not apply to the Project and shall not prevail over this Agreement except to the extent as identified in this Agreement. Owner shall commence development of the apartment extension Project on the Subject Property on or before April __, 2026. Owner shall use commercially reasonable efforts to diligently pursue completion of the Project by obtaining successful final permit inspections and a Certificate of Occupancy for the Project on or before April Item No.11B

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__, 2028. In the event that Owner fails to obtain building permits to commence construction on any portion of the Project on the Subject Property prior to April __, 2026, this Agreement shall be deemed terminated as of said date and all reservations or allocations of market-rate Measure E units shall revert to the City’s Measure E capacity.

9. Rules, Regulations, and Fees

9.1. Applicable Rules, Regulations, and Official Policies. Except as otherwise provided in this Agreement, the rules, regulations, official policies, and conditions of approval governing the permitted uses of the Project Site, the density or intensity of use, and the design, improvement, construction, building and occupancy standards and specifications applicable to the Project and the Project Site shall be those in force under applicable law on the Agreement Effective Date. City shall have the right to impose reasonable conditions in connection with the Project consistent with applicable law and the terms and conditions of this Agreement, but such conditions and actions shall not prevent development of the Project as contemplated by this Agreement and the Future Development Entitlements, or place requirements on Owner in connection with the development of the Project that are burdensome or restrictive compared to other comparable projects.

9.2. Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code section 65869.5. This includes, but is not limited to, the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the City’s municipal code.

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actions of regional and local agencies, including the City, required by federal or state agencies).

9.4. Development Impact Fees. All applicable City processing and development fees and charges to Owner for the Project shall be at the rates in effect on the Effective Date of this Agreement. Fees payable directly to, or collected by City for payment on behalf of, other public agencies, including but not limited to the State of California, County of Ventura, Ventura County Watershed Protection District, Calleguas Municipal Water District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any applicable non- development fees, charges, taxes, assessments, or levies (including, but not limited to, those for water and wastewater usage, and landscape and lighting assessments) that are revised or adopted on a City-wide or regional or community-wide basis during the term of this Agreement may be applied to the Property under applicable law.

9.5. Governing Rules, Regulations, Ordinances, Conditions, and Policies. Notwithstanding anything to the contrary set forth in this Agreement, for the term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of the Property, the density and intensity of use, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be those rules, regulations and official policies in force on the effective date the City Council approves this Agreement, including the Conditions of Approval and Exhibits labeled “Project Plans” dated 01/13/21, and attached as Exhibit “D” To the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement. To the extent that any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations, or policies adopted by the City are applicable to the Property and are not inconsistent with the terms and conditions of this Agreement or are otherwise made applicable by other provisions of this Agreement, such future changes in the General Plan, zoning codes or such future rules, ordinances, regulations or policies shall be applicable to the Property.

If no permit is required for the public improvements, the date of permit approval shall be Item No.11B

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the date the improvement plans are approved by the City or the date construction for the public improvements is commenced, whichever occurs first.

9.8. Reserved Discretionary Approvals. RPD No. 2021-70019 has been approved and adopted for the development of the Project on the Subject Property. Owner will first need to obtain a building permit(s) and other future discretionary approvals to complete construction and development of the Project on the Subject property as described in the exhibits attached to this Agreement. City agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all future applications for such reserved discretionary approvals and City shall exercise its discretion in a manner consistent with and in recognition of this Agreement and other approved documents associated with this Agreement.

9.9. Uniform Codes Applicable. This Project shall be constructed in accordance with the requirements of all applicable California Building Codes and local amendments, in effect at the time of submittal of the appropriate building, grading, encroachment or other construction permits for the Project. The Project must be built consistently with the City’s General Plan, Thousand Oaks Municipal Code, and Specific Plan No. 07. If no permits are required for any infrastructure improvements, such improvements will be constructed in accordance with the provisions of the codes delineated herein in effect at the start of construction of such infrastructure.

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

11. Amendments and Cancellation of Agreement. This Agreement may be amended in whole or in part only in writing and only by the mutual consent of the parties in the manner provided by Government Code Section 65868 and City Municipal Code Section 9-11.14(a). Any substantial change to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions or requirements related to subsequent discretionary actions, or conditions or covenants related to the use of the Property under this Agreement, and in particular the Conditions of Approval in Exhibit C, shall require an amendment to this Agreement. The City will use all reasonable and good-faith efforts to schedule any noticed public hearings required to amend this Agreement before the Planning Commission and/or City Council as soon as practicable. Developer or a Mortgagee shall reimburse the City for its actual costs, reasonably and necessarily incurred, to review any amendments requested by Developer or a Mortgagee.

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Thousand Oaks City CouncilApril 4, 2023

Thousand Oaks City Council
April 4, 2023