of electing members of City Council. After considering all the information and options presented, City Council voted to initiate the transition to district-based elections, authorizing staff to bring back a resolution declaring City Council's intent to transition to districts pursuant to Elections Code Section 10010(e)(3)(A).
DISCUSSION/ANALYSIS:
The adoption of the resolution of intention (Attachment #1) will commence a very intensive and public process to develop districts for City Council. The timeline to develop districts under the 2016 “safe harbor” amendments to the CVRA is short – 90 days. The CVRA requires that City Council hold at least four public hearings.
The first two hearings are for the purpose of developing the "composition" of the districts (i.e., the criteria to be used to develop the districts). These two public hearings must be held within 30 days of each other.
Following the first two public hearings which served to develop the composition of the districts, the mapping process can begin. Two additional public hearings will be required to consider any maps developed. The maps must be available for at least seven days before the third and fourth public hearings. If, after the third public hearing, a map is modified, an additional seven-day public review period is required before the fourth public hearing can be held. This second set of public hearings must be conducted within 45 days of each other. The process is concluded with City Council’s approval of the final map and adoption of an ordinance establishing the districts.
City Council will determine the "sequencing" of the elections within the districts, (i.e., which districts will have elections in 2024 and which will have them in 2026), during the third and fourth public hearings. In determining the sequencing of the elections, the CVRA provides that “special consideration” should be given to the purposes of the Act in determining which districts are to have the first elections.
The process outlined above reflects the minimum legal requirements to transition from at-large to district-based elections. In anticipation of the public interest in this issue, staff is recommending a series of public workshops be held to help discuss the districting process, the legal and policy issues involved, how districts may be developed, and the review of proposed maps. The workshops will be presented virtually, via Zoom, and in-person at a community location such as the Grant R.
Brimhall Library.
The first series of workshops are proposed for May 11 (via Zoom) and June 3 (in- person). The second series of workshops are proposed for June 22 (via Zoom) and June 24 (in-person). City staff and the City’s demographer will be available to outline the process and issues, as well as to answer any questions the public may have during the workshops. The exact times and locations will be forthcoming and Item No.10G
Transition to District-based Elections
April 25, 2023
public outreach will be conducted in both English and Spanish. Staff will also be working with local community associations and groups to help spread the word.
The following table reflects the proposed timeline of events and actions as outlined above:
Events/Actions Topics Dates
• Public Hearing #1 District Composition May 9
• Public Workshop (Via Zoom) Information on District Composition May 11 • Public Hearing #2 District Composition May TBD
• Public Workshop (In-Person) Information on District Composition June 3 • Public Hearing #3 District Maps/Lines June 20
• Public Workshop (Via Zoom) Information on District Maps/Lines June 22 • Public Workshop (In-Person) Information on District Maps/Lines June 24 •Public Hearing #4 District Maps/Lines & Introduce Ordinance July 11 • Ordinance Adoption Second Reading of Ordinance July 18 Issues and Costs
Price quotes were obtained from the County of Ventura-Elections Division to determine impacts on future City budgets related to City Council Elections:
Election Year/Type of
Election
Estimated Cost Notes
2020 – At-Large / 2 Council
Seats
$39,336.91 (actual) Presidential General
Election
2022 – At-Large / 3 Council
Seats
$68,000 Gubernatorial General
Election
2024 – At Large
OR
Districts / 2 or 3 District
Seats*
At-large = $88,000
2 District Seats =
$36,000
3 District Seats =
$54,000
Presidential General
Election
2026 – Districts / 2 or 3
District Seats*
2 District Seats =
$36,000
3 District Seats =
$54,000
Gubernatorial General
Election
*Because the sequencing of the district elections may not be known at the time of this report, County of Ventura-Elections Division provided quotes for two and three seats for each of the next two election years.
Item No.10G
Transition to District-based Elections
April 25, 2023
Switching to district-based elections will decrease the election costs as fewer ballots are printed and mailed to registered voters. When comparing the costs of contracting with the County of Ventura-Elections Division and running a stand- alone election, the Elections Update presented by staff to City Council on September 24, 2019, can be referenced. The cost estimate to conduct a stand- alone election at that time was estimated at $600,000+. Due to inflation and difficulties obtaining election-related supplies, it’s estimated that the cost has increased significantly. Staff recommends continuing to contract with the County of Ventura-Election Division for all future elections.
Once the process to transition to district-based elections is complete, within 30 days, the attorney who submitted the letter, Mr. Dominguez, will demand reimbursement for the cost of the work product generated to support the notice.
His demand must be made in writing and must be substantiated with financial documentation. The City must reimburse the potential plaintiff for reasonable costs incurred within 45 days of the written demand. The 2016 amendment to the CVRA caps the cost to $30,000 plus Consumer Price Index adjustment.
Community Outreach
The City has engaged a public outreach consultant to aid in efforts to solicit public input throughout the process of transitioning to district-based elections. The City will utilize a variety of communication channels to engage members of our community about district-based elections.
A robust list of outreach and public input opportunities exists. Public hearings and community information meeting details will run in English and Spanish via newspaper and radio spots. As noted above, public workshops will be held where an overview of the CVRA and the transition from at-large to district-based elections will be presented, and the community will have the opportunity to provide input on the process. A short video on the districting process in English and Spanish will run on Thousand Oaks TV (TOTV) and be available on a dedicated stand-alone City districting website and social media platforms. Residents can find details on CVRA, the districting process, key dates, and Frequently Asked Questions on the dedicated stand-alone website (www.maptoaks.org). City staff will be available to provide information on the districting process to local community groups and other organizations. To increase awareness and participation, the City will partner with community groups to distribute information and make use of existing sites and outlets. The City districting website will be available for a required ten years.
Item No.10G
Transition to District-based Elections
April 25, 2023
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Laura B. Maguire, City Clerk
David Womack, Assistant City Attorney
Attachments:
Attachment #1 – Resolution
CCD:650-40\cmr\h:\common\elections\Disrict Elections\March\StaffRpts\042523 Dist Elec SR ROI Adoption.docx Item No.10G
ATTACHMENT #1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS, CALIFORNIA
DECLARING ITS INTENT TO TRANSITION
FROM AT-LARGE TO DISTRICT-BASED
ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010(e)(3)(A) FOR CITY COUNCIL
ELECTIONS, TO INITIATE PROCEDURES AND
IMPLEMENTATION OF DISTRICT-BASED
ELECTIONS FOR CITY COUNCILMEMBERS
WHEREAS, the City of Thousand Oaks, is a general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California; and
WHEREAS, the five Members of the City Council of the City of Thousand Oaks are currently elected in "at-large" elections, in which each City Councilmember may reside in any part of the City and each City Councilmember is elected by the registered voters of the entire City; and WHEREAS, the City received a letter on March 15, 2023, from Jason Dominguez, Radcliff Mayes, LLP, asserting that the City's at-large city council electoral system violates the California Voting Rights Act (CVRA) and threatened litigation against the City if it does not convert to district-based elections for Members of the City Council; and
WHEREAS, a violation of the CVRA is established if it can be proven that "racially polarized voting" occurs in elections [Elections Code Section 14028(a)].
Racially polarized voting means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate [Elections Code Section 14026(e)]; and WHEREAS, the City Council, without comment on the merits of the claims alleging a CVRA violation, has directed staff to initiate the process to establish district-based elections, as it is in the best interest of the City to move from its current at-large electoral system to a district-based election for Members of the City Council in furtherance of the purposes of the CVRA; and WHEREAS, Elections Code Section 10010 provides a “safe harbor” and process for expeditiously changing to a district-based election system to avoid the high cost of litigation under the CVRA; and
Item No.10G
CCD:630-20\650-40\cmr\H:\Common\Elections\District Elections/04252023/042523 Dist Elec Intent Res.doc
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9 5
WHEREAS, City Council moves to make this transition from an at-large election system to a district-based election system in accordance with the procedural rules outlined in Elections Code Section 10010; and WHEREAS, prior to City Council's approval of a proposal to establish district boundaries for a district-based electoral system, California Elections Code Section 10010 requires all of the following:
1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts;
2. After all draft maps are drawn, the City shall publish and make available for release at least one draft map and, if Members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. City Council shall also hold at least two (2) additional hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven (7) days before being adopted; and
WHEREAS, in determining the final sequence of staggered district elections, City Council will give special consideration to the purposes of the CVRA and will take into account the preferences expressed by the members of the districts.
NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby resolves, pursuant to Elections Code Section 10010, to adopt a district-based election system by ordinance for use in the City's General Municipal Election for City Councilmembers effective November 2024.
SECTION 3. The City has retained a qualified demographer and expert counsel to assist in establishing a district-based electoral system.
Item No.10G
CCD:630-20\650-40\cmr\H:\Common\Elections\District Elections/04252023/042523 Dist Elec Intent Res.doc
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9 5
SECTION 4. The City's demographic consulting firm, acting under the supervision of the City Attorney, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings, if necessary, in accordance with the City's proposed timeline.
SECTION 5. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input and testimony on proposed district-based electoral maps before adopting any such map.
SECTION 6. Working with a demographic consulting firm and a community education and outreach consulting firm, staff is directed to publicize relevant maps, information, notices, agendas, and other materials regarding district-based elections and to establish means of communication to answer questions from the public.
SECTION 7. The City Clerk shall certify as to the passage of this Resolution and cause it to be maintained in the official records of the City.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested:_____________________
APPROVED AS TO FORM
Office of the City Attorney
________________________________
David Womack, Assistant City Attorney
Item No.10G
CCD:630-20\650-40\cmr\H:\Common\Elections\District Elections/04252023/042523 Dist Elec Intent Res.doc
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APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.10G
CCD:630-20\650-40\cmr\H:\Common\Elections\District Elections/04252023/042523 Dist Elec Intent Res.doc
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9 5
EXHIBIT A
CVRA DISTRICT PROCESS – DRAFT TIMELINE
Letter Received by City Clerk Department: March 15, 2023 45-Day Deadline [E.C. 10010(e)(3)(A)]: April 29, 2023
90-Day Deadline [E.C. 10010(e)(3)(B)]: July 24, 2023
No. Task Date Notes
1 City Council Regular Meeting
– Item to Introduce Topic
April 4, 2023 Council to provide staff direction on topic; public will have an opportunity to voice their opinion
2 City Council Regular Meeting
– Adopt Resolution of Intent
April 25, 2023 E.C. 10010(e)(3)(A) - Must adopt Resolution within 45 days. Starts the 90-day timeline for
Public Hearings
3 City Council Regular Meeting
I Public Hearing #1 –
Introduce Public Engagement
Process
May 9, 2023 Before Map(s) Drawn - E.C. 10010(a)(1) - hold two public hearings on composition of districts
within 30 days of adopting Resolution. First
Public Hearing can be conducted on same night
as Adoption of Resolution. During these two
Public Hearings NO maps may be released.
4 Public Workshop May 11, 2023 Community Information meeting with an overview of CVRA, at-large vs. district-based
elections, and opportunity for the community to
provide input.
5 City Council Regular Meeting
I Public Hearing #2 – Public
Engagement Process
May TBD,
2023
Before Map(s) Drawn – E.C. 10010(a)(1) - must
be held within 30 days of adopting resolution
(April 25, 2023). No drawn maps may be
released until after this Public Hearing.
6 Public Workshop June 3, 2023 Community Information meeting with an overview of CVRA, at-large vs. district-based
elections, and opportunity for the community to
provide input.
7 City Council Regular Meeting
I Public Hearing #3 – Public
Input
June 20, 2023 After Map(s) and Sequencing Published E.C. 10010(a)(2) - at least 7 Days After Draft Map(s)
and Sequencing Publication. Discuss the draft
map(s) and proposed sequence of elections.
8 Public Workshop June 22, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
9 Public Workshop June 24, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
10 City Council Regular Meeting
I Public Hearing #4 – Map
Approval and Introduction/First
Reading of Ordinance
July 11, 2023 After Map(s) and Sequencing Published E.C. 10010(a)(2) - within 45 days of Public Hearing
#3. Council adopts a single map I introduces
ordinance
11 City Council Regular Meeting
– Second Reading of
Ordinance; Ordinance
Adoption
July 18, 2023 Publish Entire Adopted Ordinance; G.C. 36937 (Election Ordinance Effective Immediately).
Item No.10G
TO:Andrew P. Powers, City Manager
FROM:Laura B. Maguire, City Clerk
DATE:April 25, 2023
SUBJECT: 2023 City Council Meeting Schedule Revision
RECOMMENDATION:
1. Adopt resolution revising City Council meeting schedule for calendar year 2023 and rescinding Resolution No. 2023-003.
2. Find that this is not a project under the California Environmental Quality Act Guidelines.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
Pursuant to Thousand Oaks Municipal Code Section 1-8.101, City Council regular meetings should be held at least twice each month on Tuesdays at such times fixed annually by resolution. City Council typically adopts the meeting schedule in the fall for the next calendar year.
DISCUSSION/ANALYSIS:
It is recommended that the 2023 City Council meeting schedule be revised to include two additional meeting dates on May 16, 2023, and July 18, 2023. These additional meetings will help accommodate business matters requiring timely City Council input prior to the annual summer recess.
Adopting the resolution (Attachment #1) establishing the City Council meeting schedule in advance assists City Council, staff, public, and the press with the scheduling of City business.
Item No.10H
2023 City Council Meeting Schedule Revision
April 25, 2023
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Sandra M. Delgado, Deputy City Clerk
Attachments:
Attachment #1 – Resolution
CCD:610-10\sdH:\COMMON\Council\Schedules\2023\042523CouncilMtgScheduleRevisions.docx Item No.10H
CCD:610-10/sd/h:common/council/schedules/2023/042523 CouncilMtgScheduleRevisionAttach1.docx
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS REVISING CITY COUNCIL
MEETING SCHEDULE FOR CALENDAR YEAR 2023 AND
RESCINDING RESOLUTION NO. 2023-003
WHEREAS, the City Council shall set an annual City Council meeting calendar to establish dates and times assisting City Council and staff with advance planning and scheduling of City business; and
WHEREAS, on February 14, 2023, City Council adopted Resolution No. 2023- 003 setting the City Council meeting schedule for 2023 which now needs to be revised; and
WHEREAS, pursuant to Section 1-8.101 of the Municipal Code, the following calendar is established notwithstanding scheduling of additional meetings as required upon proper notice under the Brown Act.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does resolve as follows:
Section 1. The City Council hereby establishes 5:00 p.m. as the regular meeting time for each regular meeting. However, only closed sessions may be held between 5:00 p.m. and 6:00 p.m. No closed session of the regular meeting will be held during that time period unless the posted agenda of the regular meeting indicates that such closed session will take place at a particular time in that time period. Therefore, in the absence of such notification on the agenda, the open session portion of the regular meeting shall commence at 6:00 p.m.
Section 2. The City Council establishes the following meeting schedule for Calendar Year 2023:
2023 City Council Meeting Calendar
DATE OPEN SESSION START TIME
January 10, 2023 6:00 p.m.
January 24, 2023 6:00 p.m.
February 14, 2023 6:00 p.m.
February 28, 2023 6:00 p.m.
March 14, 2023 6:00 p.m.
April 4, 2023 6:00 p.m.
April 25, 2023 6:00 p.m.
May 9, 2023 6:00 p.m.
May 16, 2023 6:00 p.m.
May 23, 2023 6:00 p.m.
June 6, 2023 6:00 p.m.
ATTACHMENT #1
Item No.10H
CCD:610-10/sd/h:common/council/schedules/2023/042523 CouncilMtgScheduleRevisionAttach1.docx
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2023 City Council Meeting Calendar
DATE OPEN SESSION START TIME
June 20, 2023 6:00 p.m.
July 11, 2023 6:00 p.m.
July 18, 2023 6:00 p.m.
Summer Recess
September 12, 2023 6:00 p.m.
September 26, 2023 6:00 p.m.
October 10, 2023 6:00 p.m.
October 24, 2023 6:00 p.m.
November 7, 2023 6:00 p.m.
November 14, 2023 6:00 p.m.
December 5, 2023 6:00 p.m.
December 12, 2023 Reorganization Meeting 6:00 p.m.
Section 3. With proper notice during the year, meetings may be canceled, rescheduled, or added as necessary pursuant to California law.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_______________________________
Laura B. Maguire, City Clerk
Date Attested:____________________
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:
Office of the City Attorney
________________________________ _______________________________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.10H
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:April 25, 2023
SUBJECT: Thousand Oaks Boulevard Curbs and Pedestrian Crossing Improvements (CI 5398)
RECOMMENDATION:
1. Authorize staff to advertise the Thousand Oaks Boulevard Curbs and Pedestrian Crossing Improvements (CI 5398) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs required to advertise for bids is included in the Adopted FY 2022-23 Capital Improvement Program Budget. $617,400 is included in the Adopted FY 2022-23 Streets Capital Budget (CI 5398) including $504,540 in Highway Safety Improvement Program (HSIP) Grant. Total estimated project cost is $824,726. Additional funding for construction will be requested as part of the biennial capital budget process.
BACKGROUND:
The Thousand Oaks Boulevard (TOB) Curbs and Pedestrian Crossing (CI 5398) Project addresses pedestrian crossings at the intersections of TOB and Live Oak Street and at TOB and Oakview Drive, as shown in Attachment #1. TOB is a principal arterial street within the central core of the City’s downtown commercial district. TOB carries regional traffic from the eastern portion of the City.
In 2018, the City selected Iteris, Inc. to conduct a Corridor Pedestrian Safety Study (Study) on TOB, from Conejo School Road to Skyline Drive, adjacent to the downtown area. The consultant analyzed vehicle, pedestrian, and bicycle traffic on TOB between Conejo School Road and Skyline Drive. Public outreach included online and in-person surveys from June through July 2018, and public meetings on July 12 and July 19, 2018. The Study recommended consolidating the two crosswalks at TOB and Live Oak and TOB at Oakview to one mid-block crosswalk Item No.10I
Thousand Oaks Boulevard Curbs and Pedestrian Crossing Improvements CI 5398 April 25, 2023
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6 between the two intersections with pedestrian-activated flashing devices to alert oncoming traffic to the presence of a pedestrian looking to cross TOB.
In 2019, staff applied for a HSIP Cycle 9 Grant using the design concept recommended in the Study and was successfully awarded a $504,540 grant for relocation and consolidation of the two existing crosswalks to a new single mid- block crossing. The HSIP Grant requires the use of a minimum of 10 percent City matching funds for the total project cost.
On October 27, 2020, City Council approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA) (Contract No. 12605-2020) in the amount of $97,726 for the design and engineering of the project. KHA completed the plans, specifications, and cost estimate in February 2023.
Staff obtained approval of the final design from Caltrans and secured the federal grant funding for the project in March 2023.
DISCUSSION/ANALYSIS:
The project will provide one mid-block crosswalk that includes a center median pedestrian island with split pedestrian crossover, and a pedestrian-activated overhead rectangular flashing beacon that will aid in alerting oncoming traffic of a pedestrian looking to cross TOB (Attachment #2). The overhead mast arms will also provide street lighting to aid pedestrian visibility at night. Additional elements of construction include reconstructing curb ramps and cross gutters, removing existing crosswalk striping and signs, and new roadway markers.
Staff is requesting City Council’s authorization to advertise and receive bids for the TOB Curbs and Pedestrian Crossing Improvements Project. Once bids are received, staff will make a recommendation at a future City Council meeting for the award of the construction contract.
The project plans and specifications are complete and are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
The estimated project costs are as follows:
Design and Engineering (previous action) $ 97,726
Engineering Extra Services (previous action)
Construction (including contingency)
$ 10,000
$ 652,000
Construction Engineering Support Services $ 60,000
City Furnished Materials and Services (previous action) $ 5,000 Total Estimated Project Cost $ 824,726
Item No.10I
Thousand Oaks Boulevard Curbs and Pedestrian Crossing Improvements CI 5398 April 25, 2023
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6 The tentative schedule for completion of the project is as follows:
Bid Process and Award April – June 2023
Construction Phase Summer 2023 – March 2024
Project Completion / Closeout Spring 2024
The project is categorically exempt from CEQA per section 15301 (Existing Facilities).
Community Outreach: Staff has established a robust public outreach plan for the project. Different tools and strategies, including community meetings, press releases, City website, and social media will be implemented to keep the public informed and to receive input. The impacted businesses have been contacted, and their concerns have been considered in finalizing the design of the proposed pedestrian crossing while meeting the project’s main purpose and objectives.
Staff invited the public and presented the initial concept plan to the Traffic and Transportation Advisory Commission on October 20, 2021, for their recommendations prior to finalizing the design and seeking City Council authorization to advertise the project for construction bids.
This project meets City Council’s Top Ten Priorities #9 to, “Adopt and implement two-year Operating and Capital Improvement budgets that are aligned with best practices on fiscal sustainability and financial resiliency. Make strategic investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 & FY 2022-23 CIP Program Budget)
Priority One – Essential projects which address health and safety, legal, and regulatory requirements.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
Item No.10I
Thousand Oaks Boulevard Curbs and Pedestrian Crossing Improvements CI 5398 April 25, 2023
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6 F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Jorge Muñoz, Sr. Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Proposed Mid-Block Crosswalk Layout
DPW: 850-20\ev\H:\Council\2023\042523\CI5398\TOB Curb and Pedestrian Crossings staff report.docx Item No.10I
Existing Crosswalk to
be Removed
New Crosswalk
LEGEND:
Project Location
DPW: 850-20\ev\H:\Council\2023\042523\CI5398\TOB Curb and Pedestrian Crossings Att 1.pdf Item No.10I
THOUSAND OAKS BLVD
OAKVIEW
DRIVE
LIVE
OAK
STREET
NORTH
ALLEN
MOTORS
INC.
MOUTHFUL
EATERY
PHANTOM
ELECTRONICS
ALPINE
FLOOR
& HOME
SPOT
44 AUTO
REPAIR
THE
SOFA
GUY
ARROW
GLASS
24 HOUR
FITNESS
THE
GOLD
STORE
ROYAL
KITCHEN
CABINETS
&
FLOORING
AQUATIC
ZOO
TROPICAL
FISH
NAPA
AUTO
PARTS
TIRE
MAN
MANDOUR
ENTERPRISES
THOUSAND
OAKS
MEAT
LOCKER
Thousand Oaks Blvd Corridor
From Conejo School Road to Skyline Drive
NORTH
NOTE: NOT TO SCALE
ATTACHMENT #2
DPW: 850-20\ev\H:\Council\2023\042523\CI5398\TOB Curb and Pedestrian Crossings Att 2.pdf Item No.10I
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:April 25, 2023
SUBJECT: Navigation Center Fee Waiver
RECOMMENDATION:
1. Approve a fee waiver for all City planning, building, and impact fees; wastewater connection fees excluded from waiver.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to complete staff report is included in the Adopted FY 2022-23 General Fund Budget. Estimated planning, building, and impact fees are $100,000. Estimated total project costs for the Navigation Center at 1205 Lawrence Drive total $3.9 million for design and construction and $0.8 million annually for operations. The County of Ventura has approved financial support for both construction and operation. The City is a co- applicant with the County of Ventura for a State Encampment Resolution Grant. If awarded, the Grant will fund the construction of the Navigation Center and two years of operating costs. Staff will return to City Council for a formal expenditure authorization request at a later date.
BACKGROUND:
In 2022 the Ad Hoc Homeless Committee (Committee) recommended the City- owned parcel at 1205 Lawrence Drive to serve as the initial location for the City’s emergency shelter, herein referred to as Navigation Center.
On September 27, 2022, City Council authorized staff to issue a Request for Proposals/Qualifications (RFP/Q) for the construction and operation of a Navigation Center at 1205 Lawrence Drive; adopted Resolution No. 2022-049 declaring the Lawrence Drive property as Exempt Surplus Land pursuant to the Item No.10J
Navigation Center Fee Waiver
April 25, 2023
5 3
2 Surplus Lands Act; and authorized the Mayor to sign a letter to County of Ventura requesting financial assistance to support the associated capital and operating costs.
City staff issued the RFP/Q on October 7, 2022, and on December 6, 2022, City Council unanimously approved staff’s recommendation to select the Proposer, DignityMoves (DM), Hope the Mission, and Many Mansions to develop, lease, and operate a Navigation Center. Collectively they demonstrated expertise and experience in designing, constructing, and operating interim housing and the capacity to complete the project successfully and in a timely manner.
On February 28, 2023, City Council approved an Exclusive Negotiation Agreement and Right of Entry Agreement with Many Mansions, DM, and Hope the Mission for development of a Navigation Center at 1205 Lawrence Drive. City Council also authorized the City Manager to initiate preparation of a lease agreement, operation and service agreements, and other ancillary documents necessary to properly develop, construct, secure, operate, and maintain the Navigation Center.
DISCUSSION/ANALYSIS:
The service-enriched Navigation Center will provide housing and services to persons experiencing homelessness selected on a referral basis from local service providers, various County agencies, and law enforcement. The Navigation Center will provide immediate interim housing for residents experiencing homelessness.
Onsite support and housing navigation services will assist each person in either preparing to return to stable traditional housing or to transition into permanent supportive housing based on their unique individual circumstances and needs.
The Navigation Center will also assist in enhancing the City’s enforcement capabilities to preserve public safety and environmental quality.
City staff have already held multiple planning meetings with the DM/Hope the Mission/Many Mansions (Applicant) team in order to ensure the project moves forward as expeditiously as possible. The Special Use Permit application is ready for submittal to the City. The Applicant team has submitted a formal request for a waiver of City planning and permitting fees (Attachment #1). Although staff initially anticipated requesting waiver of planning and permitting fees upon approval of the Definitive Agreement, so as to not delay the project, staff is requesting waiver of these fees at this time.
Environmental Review
Under CEQA Guideline Section 15378(b)(4) and (5), City Council’s action approving the fee waiver is not a “Project” as defined under CEQA. City is acting on a waiver of fees which does not commit the City to approving the project Item No.10J
Navigation Center Fee Waiver
April 25, 2023
5 3
2 application. Such action will not have a direct or indirect effect on the environment.
A CEQA analysis will be conducted as part of the site analysis for the proposed use during the negotiations of a lease and ancillary agreements and a CEQA determination will be presented as part of future City Council action.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
Attachments:
Attachment #1 – Letter requesting fee waiver from applicant FIN:430-10\jb\H:\COMMON\Council\2023\Adminstration\042523 Navigation Center Fee Waiver Staff Report.docx Item No.10J
Ap
ril 19, 2023
DignityMoves
PO Box 30365
Oakland, CA 94604
Ci
ty of Thousand Oaks City Council
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
RE
: Fee Waiver Request for the project at 1205 Lawrence Dr.
D
ear City Counsel of Thousand Oaks,
O
n behalf of our development partners Many Mansions and Hope the Mission, DignityMoves would like to make a formal request to waive the SUP application fees for the project. In addition, we would like a waiver for all related City planning, permitting and impact fees for the entire duration of the Navigation Center project.
Sin
cerely,
_______
_____________________
Jeff Spahr, VP of Construction
Dignity Moves
_______
_____________________
Rick Schroeder, Esq., President
Many Mansions
_______
_____________________
Ken Craft, CEO
Hope the Mission
ATTACHMENT #1
Item No.10J
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 4.docx\pz [FILE ID: 2023-70002-MCA]
Ord. No. 1712-NS
ORDINANCE NO. 1712-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS REPEALING CHAPTER 12 OF TITLE 8
OF THE THOUSAND OAKS MUNICIPAL CODE RELATING
TO REPORTS OF RESIDENTIAL RECORDS (MCA 2023-
70002)
Part 1
WHEREAS, a public hearing concerning the adoption of this ordinance was held on April 4, 2023; and
WHEREAS, notice of such hearing was published as required by law; and
WHEREAS, in support of this delet ion, the City Council hereby makes the following findings:
1. The City Council, after due consi deration, finds and determines that the repeal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.
2. The City Council, after due consi deration, finds and determines that, the public may instantly access the information required in Chapter 12 of Title 8 via the self-service portal, or by contacting staff, at no charge and with no wait time.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:
Part 2
Chapter 12 of Title 8 of the Thousand Oaks Municipal Code is hereby repealed in its entirety and the Chapter placement held for future use.
Part 3
(Uncodified)
Continuation
Repeal of any provision of Chapter 12 of Title 8 of the Municipal Code herein will not affect any penalty, forfeiture, or liability incurred bef ore, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such r epealed part will remain in full force and Item No.10K
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 4.docx\pz [FILE ID: 2023-70002-MCA]
Ord. No. 1712-NS
effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
Part 4
(Uncodified)
Severability
If any section, subsection, clause, or phr ase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would hav e been prepared, pr oposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the th irty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this 25th day of April, 2023 by the following vote:
Ayes:
Noes:
Absent:
_________ _______________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
Item No.10K
CDD:660-21\mlm\H:Common\City Council\CC Agenda Items\2023\04042023\Residential Resale\Attachment 4.docx\pz [FILE ID: 2023-70002-MCA]
Ord. No. 1712-NS
APPROVED AS TO FORM:
________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced: April 4, 2023
Published: XXXX XX, 202X
Ordinance No.: 1712-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.10K
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Ord. No. 1713-NS
ORDINANCE NO. 1713-NS
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, THOUSA ND OAKS, CALIFORNIA
(DEVELOPMENT AGREEMENT 2022-70511-DAGR)
The City Council of the City of T housand Oaks does hereby ordain as follows:
Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hear ing on April 04, 2023, the City Council approved this Development Agreement with the following findings:
WHEREAS, to strengthen the public pla nning process, encourage private participation in comprehensive plannin g and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the De velopment Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures fo r the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SHAPELL PROPERTIES , INC. (“Developer”) desires to carry out the development of a residentia l project (“Project”) at Rancho Conejo Boulevard and Corporate Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, (“Property”), consistent with the General Plan, Specific Plan (SP 07), other City ru les and regulations, and the Development Agreement and vested entitlements referenced therein;
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Ord. No. 1713-NS
WHEREAS, this Development Agreement (2022-70511-DAGR) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the privat e and public objectives of the Project;
WHEREAS, the Planning Commission he ld a duty noticed public hearing on February 27, 2023 on the Project, dur ing which the Planning Commission received comments from the Developer, City staff, and member s of the general public and made a recommendation to the City Council on the Project entitlements and legislative actions.
WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on April 04, 2023, during which the City Council received comments from the Deve loper, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendm ent 2020-70026-LU; Specific Plan Amendment 2020- 70027-SPA; Residential Planned De velopment Permit 2021-70019-RPD; Protected Tree Permit 2022-70626-PTP; and Negative Declaration 2021-70893-ND; Part 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement (including all exhibits to the Agreement), attached hereto as Attachment A, subject to the provisions of Section 5 hereof.
SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Rancho Conejo Specific Plan (SP 07),
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Ord. No. 1713-NS
(b) The Development Agreement establishes certain development rights, obligations and conditions for implement ation of the Project located at Rancho Conejo Boulev ard and Corporate Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard.
(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice;
(d) The Development Agreement will not be detrimental to the public health, safety and general welfare;
(e) The Development Agreement will support the orderly development of the Property and the preservation of property values;
(f) The project qualifies as a “Residential” project, which is an allowed use within the Planning Unit ‘E’ of SP 07.
(g) The project is consistent with the “residential” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the intent and development standards of SP 07 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11).
(i) Negative Declaration No. 2021 -70893-ND was prepared for the subject Project. An Environmental Checklist was prepared for the Project and determined that, the pr oject will have no significant impacts on the environment.
SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, as amended by General Plan Amendment 2020-70026-LU (City Council Resolu tion No. 2023-009) prior to adoption of this Ordinance;
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Ord. No. 1713-NS
(c) Resolution No. 2023-009 for the Proj ect entitlements, adopted by the City Council on April 04, 2023, and wh ich Resolutions and exhibits are incorporated herein by reference as if set forth in full;
(d) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Development Agr eement and other actions relating to the Project;
(e) All documentary and oral evidenc e received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and
(f) All other matters of common kn owledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City po licies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.
SECTION 5. The City Council hereby appr oves the Development Agreement, attached hereto as Attachment A, subject further to such minor, conforming and clarifying changes consist ent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformi ty to the General Plan, as amended, as approved by the City Council.
SECTION 6. The approval contained in Sect ion 5 hereof is subject to and conditioned upon Resolution No. 2023-009, adopted by the City Council approving the General Plan Amendment, becoming effective.
SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by t he City Manager in the administration of the Development Agreement pursuant to the term s of the Development Agreement.
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Ord. No. 1713-NS
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 unconstitutional, such invalidity or unconstitutionality shall not a ffect the validity or consti tutionality of the remaining portions of this title; it being hereby ex pressly declared that this title, and each section, subsection, sentence, claus e and phrase hereof, would have been prepared, proposed, adopted, approved and ratifi ed irrespective of the fact that anyone or more sections, subsections, sentences, clauses or 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 actions referred to in Section 6 her eof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk.
PASSED, APPROVED AND ADOPTED this 25th day of April, 2023, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: ______________
Item No.10L
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Ord. No. 1713-NS
APPROVED AS TO FORM:
Office of the City Attorney
__________________________________
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
__________________________________
Andrew P. Powers, City Manager
Introduced: April 4, 2023
Published: April 19, 2023, and XXXX XX, 202X
Ordinance No.: 1713-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.10L
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
ATTACHMENT “A”
DEVELOPMENT AGREEMENT
RECORDING 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.
DEVELOPMENT AGREEMENT
by and between
CITY OF THOUSAND OAKS
and
SHAPELL SOCAL RENTAL PROPERTIES, LLC
THIS DEVELOPMENT AGREEMENT is entered into this 25th day of April, 2023, by and between the CITY OF THOUSAND O AKS, a California muni cipal 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 t he following facts, understandings, and intentions of the parties.
A. The State of Califor nia adopted the Deve lopment 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 Devel opment Agreement Statute authorizes City and an applicant for a development project to enter into a development agreement Item No.10L
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establishing certain development rights in t he 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 t he 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 Secti on 65865, City adopted Title 9, Chapter 11 of the TOMC—Development Agreements (Development Agreement Ordinance), further authorizing this Agreement and estab lishing the City Council’s intent that development agreements be entered into in those situations where the agreement is fair, just and reasonable at the ti me of its execution; and w here 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 acco rdance with the rules and regulat ions 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 Cone jo Boulevard and Corporate Center Drive (APN 667-0-173-025) Adjace nt to and North of 1300 R ancho 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 Counc il adopted Resolution No. 2021-004, “A Resolution of the City C ouncil of the City of Thousand Oa ks Declaring Intention to Consider an Amendment to t he Land Use Element of the G eneral 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, Ow ner proposes that City grant Owner the following land use entitlement approvals for the Project (hereinafter “Project Approvals”):
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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 (N o.2020-70026-LU) to establish a Residential land use designation for the entire property;
3. Specific Plan Amendment (N o. 2020-70027-SPA) Amend SP-07 to change the use map from “Employm ent Center” to “Residential Apartments;
4. Protected Tree Permit (N o. 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 Declarati on (No. 2021-70893-ND).
J. During the application process, Owner submitted architectural plans, site plans, landscape plans, and grading plans to Cit y 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, subjec t 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 Ag reement: (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 uncertai nty in planning and secures t he 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 Planni ng 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 fi ndings that the provisions of this Agreement are consistent with the General Plan and reco mmended approval 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 reasonabl e assurances that the Project may be developed in accordance with the Project Approvals and the terms of this Agreement.
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O. This Agreement is necessary to a ssure Developer that the Project will not be reduced in density, intensit y 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 t he 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 t hat the project’s Negative Declaration adequately addresses the environmental impacts of the Project at the Property, approved the form and material elements of this Ag reement, authorized the execution of this Agreement, and found that the provisions of this Agreem ent are consistent with the General Plan and the City’s Development Agreement Ordinance.
R. In exchange for the benefits to City lis ted herein, City agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary developm ent 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 resident ial use on the Property, the designated number of residential units allo cated for the Project, assuranc e that it may proceed with the Project in accordance with existing land use ordinances and development standards, subject to the terms and condi tions contained in this Agr eement 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 r epresentations and warranties contained herein. The parties acknow ledge that, in reliance on t he agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of m onies, 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 en ter 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.
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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 Agr eement 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 Devel opment 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” me ans the City’s rules, regulations, ordinances, and official policies in force and e ffect 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, par king 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 cons truction standards, specifications, policies and gui delines applicable to de velopment of the Property, including the General Plan, as amended by t he 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 Agreem ent 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 requi red 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.
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1.10. “Development Fees” means any monetary fee or exaction other than a tax or special assessment that woul d 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 purpos e of defraying all or a portion of the cost of public facilities related to the new development, in cluding without limitati on, fees for utility construction, use, linkage or connection fees ; public transit; traffic improvement and operations and any other traffi c-related fees; affordable hous ing; sustainability or green initiatives; capital facilities; police and fi re; 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 Entitl ements” means all necessary City discretionary and Ministerial Approvals (i ncluding conditions of approval) for the development of the Project t hat 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 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. No twithstanding the foregoing, Mi nisterial 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 Inco me, as adjusted by Actual Household Size, or (ii) the then current income range limit for Moderate Income Households established for Ventura Count y under Section 6932 of Title 25 of the California Code of Regulations as in effe ct 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 R ental Properties, LLC., and each and all of their respective transferees, successors, and assigns, whether voluntary or involuntary.
1.17. “Proceeding” means any third-par ty claim, action or proceeding against the Owner, City, or City’s officers and employees, filed or submitted to any federal Item No.10L
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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.
1.18. “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 propos ed 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 ar chitectural 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 lo cated 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 R ancho 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 A pprovals, 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 disast ers as found by City Council such as floods, earthquakes, pandemics and similar acts of God) , (ii) are necessary to co mply 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.10L
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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 Am endment” means the amendment of the use map within SP-07 in order to redesi gnate the Property from industri al use to residential use with the residential units as reflected in the City Council’s decis ion 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 Statut e. To strengthen the pub lic planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislatur e of the State of Califor nia 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. Se ction 65864 of the Develo pment 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 wh ich 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 proj ect, 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 comprehensiv e 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 Legi slature, 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 permitt ed 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.
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3. Purpose of this Agreement.
3.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Secti on 7.0, below, will be achiev ed 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 acco rdance with the legislative findings set forth in the Development Agre ement Act, and with full recognit ion 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 Discreti onary 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 (includi ng, without limitati on, the location and number of improvements, prop osed 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 a ssure 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 event s 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 Pr operty in accordance with the policies and objectives set forth in the General Plan, an d 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 enac ted. The Parties believe that such orderly development of the Pr oject will provide public benefit s to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, insta llation of onsite im provements, creation and retention of jobs, and the de velopment 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 relevant police powers, this Agreement provides the City with sufficient reserved powers Item No.10L
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during the Term hereof to remain responsi ble 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 Discretionar y 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) gr ant 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 initia ted and submitted by the owner of the Property after the Effective Date of this Agreement; (c) guaran tee that Developer will receive any profits from the Project; or, (d) prohi bit the Project's participati on 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 Corpor ate 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 Agr eement 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 forc e or effect on the sooner to occur of (1) April 25, 2028 or, if building permits to construct the Project have been issued by City, (2) the date when construction of t he Project is complete in accordance with the approved entitlements, the Project has been given all required Item No.10L
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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 Agr eement 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-r ate 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 Moder ate-Income Household level units as defined in Section 1.15;
(c) Agreement to execute a co mmercially reasonable Affordable Rental Housing Regulatory Agreement and Declaration of
Restrictive Covenant with City that provides that the four Moderate Income Household leve l 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, dedica tions 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 provid ed 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;
(b) City’s allocation of up to 48 M easure E residential units for the Project;
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(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, Proj ect 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 t he 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 Bind ing 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 Cent er Drive (APN #667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulev ard, 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 in ure to all successors in interest to the Parties hereto.
8.2. General Development. Any de velopment of the Project on the Property shall be conduc ted in accordance with the te rms and conditions of this Agreement and attached exhibits.
8.3. Ministerial Approval s. 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, pr ovided that Owner reasonably and satisfactorily complies wit h all preliminary pr ocedures, actions, payments, criteria, and regulations applicable as of the effect ive date of this Agreement and generally required of developers by City for processing applications for developments at such time.
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Such ministerial approvals will also be cons istent with General Plan Amendment 2020- 70026-LU; Development Agreement 2022- 70511-DAGR; Specific Plan Amendment 2020-70027-SPA; Residential Planned Developm ent 2021-70019-RPD; Protected Tree Permit 2022-70626-PTP; Negative Declar ation 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 fo r the Property afte r considering the information and findings of the Environmental Checklist for this Project and ND No. 2021- 70893-ND. The Project is subject to all applic able 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 Proj ect. Owner hereby agrees that development of the Project shall be in acco rdance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, the Project Approvals, Project Entitlements, Condition s of Approval, and Project Plans, and any amendments to any of the for egoing 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 Calif ornia Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that failur e of the parties in that case to provide for the timing of devel opment 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 de ficiency by expressly acknowledging and providing that any future City ac tion 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 25, 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 25, 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 25, 2026, Item No.10L
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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 ru les, regulations, official policies, and conditions of approval governing the permitted uses of the Project Site, the density or intensity of use, and the des ign, 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 th e 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 restri ctive compared to other comparable projects.
9.2. Changes in State and Federal Rules and Regulation s. Nothing in this Agreement shall preclude the applicati on 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, Cali fornia Mechanical C ode, California Plumbing Code, California Residentia l Code, California Green Building St andards 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 nec essary to allow the parties hereto, the Project, and the Property to comply with such st ate or federal laws or regulations or the regulations of such other governmental jurisdiction.
9.3. No City Liability for Federal or St ate Actions Affecting Project. To the extent that any actions of federal or st ate 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 developmen t. 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, includ ing the City, required by federal or state agencies).
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9.4. Development Impact Fees. All applicable Cit y 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, in cluding but not limited to the State of California, County of Ventur a, 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 limit ation 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, Regulati ons, 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 o fficial 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, zoni ng 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 prov isions 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 appl y 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 Cons truction Standards. All project construction and improvement plans for the Project shall comp ly with the applicable governmental rules, regulations, and design guide lines in effect at the time t he Project Plans are approved.
If no permit is required for the public improvem ents, 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.
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9.8. Reserved Discretionary Appr ovals. 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 th is Agreement and ot her approved documents associated with this Agreement.
9.9. Uniform Codes Applicable. Th is Project shall be constructed in accordance with the requirements of all applic able California Building Codes and local amendments, in effect at the time of subm ittal of the appropriate building, grading, encroachment or other construction permits fo r the Project. The Proj ect 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 infrastr ucture improvements, such improvements will be constructed in accordanc e with the provisions of the codes delineated herein in effect at the start of construction of such infrastructure.
10. Relationship of Parties. The cont ractual 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 Ag reement. This Ag reement 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 s ubstantial change to the term, permitted uses, density or intensity of use, height or si ze of buildings, provisions fo r reservation and dedication of land, conditions or requirements relat ed 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 Ex hibit C, shall require an amendment to this Agreement. The City will use all reasonable and good-faith efforts to schedule any noticed public hearings r equired to amend this Agr eement 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 dedicati on of land; (d) changes to conditions, terms, restrictions or requirements applicable to subsequent discretionary actions; (e) an increase in the density or int ensity of use of the Property or the maximum height or maximum gross square footage; (f) changes to the zoning of t he Property, shall be deemed a “Major Amendment” and shall require gi ving of notice and a public hearing Item No.10L
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before the City’s Planning Commission and the City Council. Any amendment, which is not a Major Amendment, shall be deemed a Mi nor 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 Ag reement 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. Unless 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 mut ual consent of the parties in the manner provided for in Government Code Secti on 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 onl y 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. An y 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 successo r in interest, notwithstanding any change in any applicable General or specif ic plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alte rs or amends the rules, regulations or policies specified in this Agreement.
14. Periodic Review of Compliance with Agreement.
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14.1. Periodic Review. City may review compliance with this Agreement every six (6) months from t he date this Agreement is exec uted unless a shorter time is specified by the City Council. City shall notif y 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 evid ence 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 specif ying the manner in which Ow ner 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 m anner 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 comp letion, 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 spec ial, 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 th is Agreement. Owner further waives any right to monetary damages such as compensatory damages, loss of economic benefit, or lost profits.
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15.4. No Monetary Damages. It is acknowledged by the Parties that neither the City nor Owner would have entered in to this Agreement if it were liable in monetary damages under or with re spect to this Agreement or the application thereof.
The Parties agree and recognize t hat, as a practical matter, it may not be possible to determine an amount of monet ary 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 exposur e. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Ag reement, 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 Party be entitled to spec ial, 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 ti mely insist upon the strict performance of any of the provisions of th is Agreement by the other part y, 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 ri ght 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 Agr eement shall not be excused becau se of a failure of a third party, except as provided in Section 19.3.
16.3. Force Majeure. The parties shal l not be deemed to be in default of any provision of this Agreement where fail ure or delay in performance of any of its obligations under this Agreemen t is caused by floods, earthqua kes, 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 peri od of time for excusa ble 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.
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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. 07, Residential Planned Development rules a nd 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 lim itation, 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 c onfidential or proprietary, reasonably necessary for City to carry out its ob ligations hereunder, provided t hat 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 c onsultants 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 pr ovided 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:
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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 mailing address, the acreage and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 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 Ev ent of Legal Challenge.
18.1. Challenges to Agr eement. 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 su ch 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 minimize delay in the prosecution/defense of such action, provided such cooperation shall not require any Party Item No.10L
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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 that the parties may by mutual written consent agree to joint legal representation in any such suit, the cost of which shall be equally shared between City and Owner. In the event of any litigation challenging this Agreement, or any portion hereof, this Agreem ent shall remain in full force and effect while such litigation, including any appellate review, is pending.
18.2. Challenges to Entitl ements. 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 en titlement issued in relianc e 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 wit h this Section. Owner agr ees 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 cour t costs and reasonable attorney’s fees incurred by City in defense of any Entitlement Challenge. Ow ner may select its own legal counsel to represent Owner’s interests in any Entitl ement 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 thos e costs incurred on appeal filed by City as against a successful th ird party unless otherwise authorized by Owner in writing.
18.3. City’s Right to I ndependent 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 dete rmined, 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. Deve loper 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 Item No.10L
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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 Proceeding. Provided that Developer is not in breach of the terms of this Agreement, the City shall not enter into any se ttlement of a Proceeding that involves the modification 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 Pr oject, 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 Ow ner pursuant to this Agr eement 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 Transfe r. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of t he transferee. Any such tr ansfer to an entity whose development experience confirms the trans feree's ability to develop a project comparable in size and complexity to the Project shall be appr oved 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 Directo r may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any propos ed 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 Project. The Community Devel opment 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 Dir ector determines with r easonable 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 withhe ld, conditioned, or delayed. City shall notify Owner in writing of the Community De velopment Director’s approval or disapproval of the transferee within thirty (30) da ys of City's receipt of Owner's Notice of Transfer and all Item No.10L
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supporting information requested by the Dire ctor 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 Co mmunity Development Director to the City 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 co ntained in this Section 19 shall prevent a transfer of the Property, or any port ion 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 ob ligations 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 build ing 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 Trans fer. 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 transfe ree executes and deliver s to City a written agreement in which (1) the nam e 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 Proj ect. If owner splits the Property in any way and sells a portion of the Pr operty as currently defined in the legal description set forth in Exhibit A, the new or additional Owne r or Developer must comply with the terms of this Agreement including co mplying with the timing of cons truction 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 mo rtgage, deed of trust or other security arrangement with respect to t he Property, or any portion ther eof, shall not be obligated under this Agreement to construct or comp lete 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 Agreem ent shall be deemed to construe, permit, or Item No.10L
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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.
19.6. Reorganization of Owner’s Busi ness 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 reorganiza tion 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 Deve loper 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 circ umstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenant s to persons or circ umstances 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. Th is 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 he adings 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 covenant s 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 Fa ith 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 Agreem ent 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 t he 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 he reunder 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 Undertaki ng. The development proposed to be undertaken by Owner is a private developm ent, and Owner may exercise full dominion and control over the Project su bject 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 ma y be executed in accordanc e 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. De velopment 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 refr ain 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 t hereof; 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 port ion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing purs uant 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 Cit y’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 cour t of competent jurisdiction, Developer hereby agrees to and shall defend, indemnify and hold City, its el ective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage caused by De veloper or Developer’s contractors, subcontractors, agents or employees under this Agreement, whether such oper ations be by Developer, or by any of Developer’s contractors, subc ontractors, 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 Item No.10L
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City will promptly notify Developer of any known claims, actions, or similar proceedings involving the Project, and will cooperate fully in the defense thereof.
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 Part y 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 Part y 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; ri ots; 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 a nd decided by arbitrat ion 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 Appeal s 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 arbitr ator, 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 shall 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 Co de of Civil Procedure pertaining to discovery Item No.10L
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and the provisions of the California Evidence Code sha ll be applicable to such proceeding.
29.4. Extension of Term. The Term of this Agreement, as set forth in Section 6.1, above, shall automatically be ex tended for the period of time in which the Parties are engaged in dispute resolution to t he degree that such extension of the Term is reasonably required because activities wh ich 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 t he State of Californi a, 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, intere st 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 provisi on 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 Interpretati on; Headings, Table of Contents, and Index. Each Party acknowledges that it has received ind ependent 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 ques tion. The headings, table of contents, and index used in Item No.10L
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this Agreement are for the convenience of reference only and shall not be used in construing this Agreement.
36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an or iginal, but all of which together shall constitute one and the same in strument. This Agreement, not counting the Cover Page or signature page, c+-onsists of 30 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 Vent ura, or in the Un ited States District Court for the Central District of California, Southern Division. Each Party hereby agree to submit to the jurisdiction of any and all su ch courts and further agree that venue shall be proper only in such courts. This Sect ion 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 Agreem ent 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.
“ O W N E R ”
SHAPELL SOCAL RENTAL PROPERTIES,
L L C
a Delaware limited liability company
By: ______ ____________________________
Item No.10L
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Name: _____________________ __________
Title: _________________________________
“ C I T Y ”
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.
Item No.10L
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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 instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on t he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Item No.10L
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the do cument to which this certif icate 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 instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Item No.10L
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the do cument to which this certif icate 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 instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Item No.10L
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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 instru ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Item No.10L
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EXHIBIT “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.
Item No.10L
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EXHIBIT “B”
Site Plan
Item No.10L
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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 Amendm ent; Residential Planned Development Permit; Specific Pl an Amendment; Protected Tree Permit; Development Agreement; and Negative De claration 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, included as an 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 Pl an Amendment to SP-07 (Rancho Conejo Specific Plan); a Devel opment Agreement specifyi ng development performance and community benefits; a Residential Planned Development Permit for 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) coast live oak ( Quercus agrifolia) tree and two (2) California sycamore (Platanus racemosa) trees, 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), attached to the Planning Commission staff report dated Februar y 27, 2023; unless conditioned otherwise herein. The General Plan Am endment and all ent itlements 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 (DAGR) 2022-70511 and contingent on compliance with the terms set forth therein.
4. Final Plans – Prior to the issuance of a buildi ng permit, final site, grading, floor, elevation and roof plans shall be submitte d for the review and approval of the Item No.10L
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Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.
5. Project Changes/Modifications – Minor changes to RPD 2021-70019 and PTP 2022-70626; may be approved by the Co mmunity Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Specific Plan, including all development standards, and, as applicable, the Thousand Oaks Municipa l Code. Revised plans reflecting the minor changes and additional fees shall be required.
6. Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in a ccordance with the conditions of this permit, and the Development Agreement.
7. Compliance with Applicable Laws, Ru les, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement (DAGR 2022-70511), 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 a ll applicable regulatory agencies shall be met, and approval obtained, prior to gas service release. Copies of all required licenses shall be subm itted 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 (DAGR 2022-70511).
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 Secti on 66020, that the ninety ( 90) day protest period has commenced upon the date of approval of RPD 2021-70019 by the City (April 25, 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 t he job site to review field conditions, project conditions, methods and proc edures, individual and City department responsibilities associated with the project. Members attending this meeting shall include but not be limited to City depar tment representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project Item No.10L
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consultants, project landscape cons ultant general cont ractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.
12. Construction Progress – Once permits have been issued to commence work on the improvements, it is th e applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirem ents and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Deve lopment 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 time ly 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 Apartment complex, residential neighborhood to the east, nearby industrial sites, or onsite before and after the construction hours authorized herein. Li kewise, 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 ad opted, shall be included in the initial plan-check submittal that is submi tted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the projec t plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
All agreements, obligations, condi tions, development standards, and use allowances contained in Sp ecific Plan 07 and Development Agreement DAGR 2022-70511 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 concer ning development wit hin 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 Item No.10L
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Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.
17. Indemnification – The applicant agrees to defen d, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or em ployees to attack, se t aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement DA GR 2022-70511. The City sha ll promptly notify the applicant of any claim, ac tion or proceeding and the City shall cooperate fully in the defense.
18. Signed Acceptance of Conditions – A signed Acceptance of Conditions affidavit shall be executed by the applicant and pr operty 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 s ubmit 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 preserv ed at the moderate- income level of 120% of the Ventura County median income.
C. Applicant agrees to execute an A ffordable Rental Ho using 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 peri od if owner does not comply with Affordable Housing Covenant.
E. Affordable units should be comparabl e in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential Item No.10L
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development. The design and appearance of the affordable units shall be compatible with the design of the market-rate units.
F. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City.
G. The Affordable Housing Covenant s hall be in compliance with the latest California State requirements.
The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading permit.
20. 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 ar chaeologist can provide an eval uation 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 discovered during geologic testing or during construction, work shall immediat ely 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 an d 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 determi ned by a qualified biologist t hat the nest is no longer Item No.10L
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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
24. Lot Merger (Parcel Map Waiver) – Prior to the issuance of building permits, the applicant, or any subsequent owner and/or applicant shall subm it an application with, and have it approved 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 recor ded with the County of Vent ura within 30-days of City approval of said application.
25. RESIDENTIAL PLANNED DEVELOPMENT PERMIT (RPD) 2021-70019
SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,
ARCHITECTURAL TREATMENT
Standards – All development standards shall be satisfied to include the following per the submitted plan:
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
12’-5” to 16’-2”
Rear (South) 15 Feet Min 15’-11”
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26. Architectural Building Design – The architectural design shall comply with the building elevation 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 Pl an 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 sample board, including, but not limit ed to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The app licant shall indicate the type of finish on the revised plans and materials and colors sample board.
28. Building Height – Average building height shall comply with the average heights specified for the subject (S ub-Area Area) by Specific Pl an 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. Downspouts – 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. Roof-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 vi ew 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, incl uding painting equipment and providing individual screens around specific equipm ent areas, to screen the equipment.
DEVELOPMENT
STANDARD REQUIRED SETBACKS PROVIDED
Parking Lot
Landscaping (s.f.)
10% of Surface Parking
Area (18,911 S.F.)
1,900 S.F.
2,423 S.F.
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Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, fi nal detailed building section drawings and deta ils including mechanical equipment manufacturer’s catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approv al by the Community Development Department.
31. Surface-Mounted Mechanical Equipment – All surface-mounted mechanical equipment, including transfo rmers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building.
32. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall st ate that the grad ed 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 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 importing 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 Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approv ed 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 Polluti on Control 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 de tailed grading, paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit Item No.10L
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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 included 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 r equire the filing of a modification application to be considered by the Planning Commission.
38. Compact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9-4.2404(d)(3 ). No overhang compact parking space shall be permitted within five feet (5-feet) of any vertical obstruction.
39. Parking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required by the Thousand Oaks Municipal Code.
40. Driveway – The design of the driveway and tr ansitions are subject to review and approval of Community Development and Public Works Departments.
41. On-Site 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 s peed 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.
LANDSCAPING, FENCES, AND WALLS
42. Landscape 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 Item No.10L
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for Landscape Planting and Irrigation Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of Calif ornia Model Water Efficiency Landscape Ordinance (MWELO).
Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.
43. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all m anufactured slopes shall be landscaped with drought resistant native plants materi als including tree clusters and ground cover and provided with a permanent irri gation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to t he 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.
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 mini mized. Landscape irri gation systems shall likewise be designed using low output spri nklers 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 prohibit ed 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 Item No.10L
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Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping. Where su ch 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 tempor ary 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 build ing construction operations.
LIGHTING
49. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in th e City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed fourteen (14’-0”) 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 one of the main wall colors of the buildi ngs, 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 adjacen t to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward dire ction, and downward sh ielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.
50. Wall Lighting – Wall-lighting fixtures at buildi ng 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 door ways, and window openings. Decorative architectural light fixtures shall be insta lled on the building walls. Light fixture cut sheets shall be submitted for review an d approval by the Planning Division.
Architecturally designed fixed pendant and bracket light fixtures are permitted. The Item No.10L
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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-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.
52. Light Source – Use of bright white, high intens ity LED or metal halide lighting is prohibited.
SIGNS
53. All 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 shal l be submitted to the Community Development Department for review and approval.
PTP 2022- 70626 CONDITIONS
54. Oak Tree and Landmark Tree Preser vation 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 Thous and 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. Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near pr oximity affected by the proposed improvements.
56. Site Monitoring – Unless otherwise modified herei n, all authorized pruning and encroachment activities shall be conduc ted in accordance with the conditions contained herein. All work shall be m onitored 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.
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57. Required Temporary Fencing – Prior to commencing construction, a five-foot (5’) high fence shall be installed and maintai ned around the protecte d 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 Div ision of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the dev elopment period. The fence shall be removed upon completion of construc tion and upon authorization from the Community Development Department, Planning Division.
58. Root 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 imm ediately 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. Use 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 onl y and performed under direct supervision of the applicant’s oak tree consultant.
60. Storage of Materials – No storage of materials is permitted within the protected zones of any oak tree.
61. Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak tree e xcept 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 th is Oak Tree Permit have be en 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 upon receipt of certification and prior to final inspection for building occupancy.
PUBLIC WORKS DEPARTMENT
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GENERAL
64. Plan Format – All plans submitted to the P ublic 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 par t 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 pa rties utilizing said Plates for construction purposes. The Standards establish unifo rm criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review t he 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 Stand ards 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 photogr ammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the dat a was compiled or obtained must be shown on the plan. Topography must be pres ented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 f eet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.
67. Title Report – A copy of the applicant’s prelim inary title report for the subject property, dated within 1 year of the entitle ment application, shall be submitted to the Public Works Department for review prior to grading plan-check or the issuance of any Building or Grading Permits.
68. Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiri ng 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 satisfacti on of the City Engineer. Prior to the start Item No.10L
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of construction and prior to the disturbance or destruction of any existing survey monument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Su rveyor showing monuments that will be disturbed or destroyed, along with the referenc e monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provid ed to the City that the surveying has been completed.
WATER AND WASTEWATER
70. Water Service Requirements – Prior to, or concurr ent with, submittal of improvement plans to the City, the applicant shall submit letter to the City from the California-American Water Company indi cating that the applicant 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. Procedure for Determinat ion 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 "prelimin ary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent co rrectness 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 pl umbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request.
72. Wastewater Service – There is no wastewater lateral to serve the subject property. The applicant sha ll design and construct a priv ate 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 obt ained, plan check and inspection fees Item No.10L
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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 contract or 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 number s 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, supporti ng hydrology and hydraulic calculation reports, title report, and ot her 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 prepar e and submit detaile d erosion control plans for both phases of land developmen t; 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 impr ovements, drainage featur es, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan-check and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated a fter 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 Item No.10L
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approaches such that all flows are capt ured 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 St ormwater 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 specific ations shall be in corporated 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 subar ea 688B of said Master Plan, with Q 10 = 1.93
cfs and Q100 = 3.24. The CFS-per-acre unit disc harge 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 engineeri ng 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, re tention/detention, inlet hydr aulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing c onveyances possess sufficient capacity to pass the Q 10 (developed) and to demonstrate t hat no new flooding will occur adjacent to or upon t he 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.
82. On-site 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 Development Directors (MC 9-4.2405).
83. Detention of Onsite Storm Flows – The applicant’s engine er shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and Item No.10L
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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 pavem ent section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspec tion fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-
4.2405).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
86. NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requirement s of the Ventura County wide 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 ar eas affected by t he project. The design shall function for the first three-quarter-inch (3/4”) of all rainfall events, including drawdown and elimi nation of the capt ured runoff within 72-hours of the rainfall event. Drawdown may typi cally 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 proc esses. Further details and design requirements are available at www.vcstormwater.org.
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88. BMP 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. Inlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.
90. Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any gradi ng 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 St ate 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 wit h 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 St ormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specif ic 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 contra ctors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:
A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials I dentification and Response
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TRAFFIC
91. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact tr affic 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. Bicycle Racks – Prior to issuance of building permit 5 bicycle racks shall be installed to accommodate a total of at l east 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.
SUSTAINABILITY
Solid Waste Collection and Diversion Requirements
93. Trash 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 a cceptable 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 si te 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 to, asphalt, concrete, w ood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or deliv ered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authoriz ed 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.
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, governm ent buildings and other commercial properties, including multi-family dwellings of 5 units or more, Item No.10L
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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 fo r 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-separat ed solid waste, organic waste, and recyclable materials.
Refer 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.
If 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. Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler.
98. Required - Operational recycling plans are required before occupancy.
Water and Irrigation
99. Water – 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.
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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, in stalling 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 wa tering of non-functional turf in commercial developments. If the developer proposes turf as par t 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 Poll ution Control District methods of dust control for eligible methods, for the duration of the water restrictions.
Alternatives to the use of use of pot able water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potabl e 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 Electr ic 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 applic ant to install "Water Sense" appliances and go beyond the minimums requi red 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 Southern California native plants and drought tolerant plants that can survive frequent water re strictions. Developer is encouraged to minimize demand for outdoor water by minimizing turf and planting climate- appropriate trees and shrubs.
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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 submitted, with payment for plan che ck, 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 current adopted edition of the California Fire Code Appendix B wit h adopted Amendments and the applicable Water Manual for the jurisdiction (whichev er 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 build ing 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, I ndustrial, Multi-family buildings) – Fire hydrants shall be installed and in servic e 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. No obstructions, including walls, tr ees, lights, signposts, and meters shall be placed within three feet of any hydrant.
A concrete pad shall be installed ext ending 18 inches in all directions from the fire hydrant.
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Ground clearance to the lowest operat ing 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 withi n 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 Myla r 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, th e 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 mi nute at 20 psi for a minimum three- hour duration.
116. Hydrant Location Markers – Prior to occupancy of any st ructure, 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 comp ly 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.
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 Item No.10L
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for parking and shall be kept free of obstr uctions 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 certif ication 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 mark ings shall be within recorded access easements.
125. Fire Sprinklers – All structures shall be provided wi th an automatic fire sprinkler system in accordance with cu rrent VCFPD Ordinance at time of building permit application.
126. Fire Alarm System – A fire alarm system shall be in stalled 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 Californi a Building and Fire Code requirements.
130. Address Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, s hall 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 disti nguishable from the stre et. In the event a structure(s) is not visible from the street, the address num ber(s) shall be posted adjacent to the driveway entrance on an elevated post. I ndividual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance Item No.10L
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to each unit. Additional address directi onal signs may be required at common building entrances and stairways.
131. Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
132. Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).
133. Knox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.
134. Construction Access – Prior to combustible constr uction, 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. Construction Access Utilities – Prior to combustible cons truction, all utilities located within the access road and the firs t 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 dev elopment once combustible construction starts.
POLICE DEPARTMENT
136. DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or al uminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the as tragal shall comply with all applicable provisions of t he 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. LIGHTING – Weather and breakage resistant cove rs shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and Item No.10L
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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 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. LANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CP TED (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. ADDRESS IDENTIFIERS –The building will display its address on all sides. Map signs of the facility will be placed at all pedestrian entrances.
140. STAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.
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.
PARK AND LANDSCAPE MAINTENANCE DISTRICTS
143. The applicant acknowledges that the subject development will be assessed for park and landscape maintenance district s by the Conejo Recreation and Park District.
*****
Item No.10L
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 5 Ordinance/pz (FILE ID: 2022-70511-DAGR)
Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
EXHIBIT “D”
Project Plans dated 01/13/21
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Item No.10L
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 25, 2023
SUBJECT: Proposed 73-Unit Apartment Complex – Long Court RECOMMENDATION:
1. Adopt resolution to:
a. find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects and Section 15061(b)(3) Common Sense Exemption; and
b. approve Development Permit 2022-70269-DP, General Plan Amendment 2021-70182-LU, Protected Tree Permit 2022-70535-PTP, and 2022-70822- DAGR.
2. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement 2022-70822-DAGR.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
On April 27, 2021, City Council authorized a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment (LU) (LU 2021-70182/RCA 2021- 70181) for the above project, which allocated 55 units for the residential portions of the project1.
1 The lot area measurement was refined during the formal submittal review, at the time of the Planning Commission hearing to discuss the RCA, the site was believed to be slightly larger (1.86 acres), thus calculating a need for 55 units at the time. However, 54 is the correct base density for the subject lot and thus the correct allocation to be used moving forward.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 On October 28, 2021, a Pre-Application (PAR 2021-71034) was submitted. Staff met with the applicant and provided development requirements and other project specifics.
On March 21, 2022, the applicant began submitting the subject applications, which are listed in the “Recommendation” section of this report.
The proposed project was presented at the Planning Commission (Commission) hearing on March 27, 2023. During the hearing, several project items were examined including a discussion on if the applicant could complete the sidewalk on Moody Court as well as specific questions clarifying project design.
In addition, shortly before the meeting the applicant requested three revisions to conditions of approval, which were recommended to be included in the Commission motion. Those changes included:
1) Delete Condition 24 regarding the inclusionary housing fee which does not apply.
2) Add language to Condition 87, Water Mainline Extension - "As necessary for the project and to the satisfaction of the City Engineer, the….” to the beginning of the condition which continues to say “…Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at the south end of the project. A 15-foot easement shall be dedicated to the City of Thousand Oaks for waterline maintenance purposes.”
3) Edit Condition 111: Sidewalk Construction - to clarify that the sidewalk is to be expanded to eight feet along Moody Court, but the easement shall be dedicated to the City for the ability to widen the sidewalk an extra three feet along Long Court.
After dialogue with the applicant, the project was not materially amended except for the suggested edits to the conditions, and the Commission voted 5-0 to recommend approval. Commissioners also noted their appreciation for the project's design and desire to see it constructed as soon as possible.
Project Site and Setting
The subject property is a 1.8-acre lot, bound by Moody Court to the east and Long Court to the west. It is currently developed with an existing 20,300 square-foot (s.f.), 27-foot-tall commercial office development approved in March 1978 pursuant to Development Permit No. 1977-0347.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 The topography of the site has a gradual grade transition resulting in an approximately 14-foot rise in elevation between the northern (lower) surface parking lot and southern (upper) surface parking lot. The site is currently landscaped with mature foliage and trees, which include both protected and nonprotected specimens.
The property is within the boundary of Specific Plan (SP) 20. This plan provides specific and unique development standards and establishes policies and regulations for a defined area. The Land Use Element of the General Plan designates the property as “Commercial/ Residential.” The site is adjacent to existing commercial uses including offices to the south, medical offices to the west, and an assisted living facility to the east as shown below in Figure 1.
Figure 1: Existing Conditions
Source: GIS 2022
DISCUSSION/ANALYSIS:
This discussion provides a broad overview of the project details. Focused and detailed discussion on project features is contained in the staff report to the Commission dated March 27, 2023 (Attachment #1). Included as attachments to the Commission report are:
Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5 – 2022-70822-DAGR Ordinance
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Attachment #6 – Draft Development Agreement (Exhibit A of 2022 70822- DAGR Ordinance)
Attachment #7 – Project Plans, dated February 27, 2023
Attachment #8 – Traffic Study
Attachment #9 – Oak & Landmark Tree Report, dated November 3, 2022 Attachment #1 also includes:
•Planning Commission Hearing Supplemental Packet -
oTraffic Impact/Trip Generation Analysis, dated March 27, 2023 oPublic Correspondence
•Planning Commission Hearing PowerPoint Presentation including changes to the conditions as outlined on Slide #26
Project Description
Building Form and Design
The proposed project includes the construction of a 73-unit, three (3) story podium apartment building (Attachment #7 of Attachment #1 Planning Commission Staff Report). The apartment building is proposed with three stories above the basement parking garage and will be at an average height of 34 feet. The site topography informs the form of architectural design, as the structure appears to notch into the existing slope moving from Thousand Oaks Boulevard towards the southern end of Moody and Long Courts.
Figure 2: Conceptual Perspective (Long Court Looking South) Source: Plan Sheet A6-1 dated February 27, 2023
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 The project’s architectural design is a blend of Mid-Century Modern and Contemporary styles. The architectural design incorporates articulation and detailing throughout (see Figure 2).
There are several design criteria included in the Thousand Oaks Municipal Code (TOMC) and SP 20 which encourage or require various elements be incorporated into the project. For example, units oriented toward the street, varied architectural styles, and integration of parking garages into the overall design of the project.
Architecturally, the proposed building design, scale, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the surrounding area.
In addition, the project has been designed to be sensitive to the existing topography and proximity to the 101 Freeway. Staff considers the architectural design to meet the intent of the design standards and guidelines provided in SP 20, the City’s Precise Plan of Design standards, and the 101 Freeway Design Guidelines by using unified design elements throughout the development and designing the site in a way that is compatible with the surrounding uses.
Building Height
The maximum average height allowed per SP 20 is 50 feet. The average height of the proposed structure is 33.79 feet with a maximum building height of 50 feet at the northern façade and is therefore compliant with the requirements of SP 20.
Space Allocation
The applicant is requesting a density bonus concession for the amount of structure coverage from 35 percent to 54 percent. All other areas comply with the TOMC space allocation guidelines. In addition, per SP 20, three percent of the building footprint must be dedicated to public open space. The project exceeds this requirement by more than 350 percent, providing 4,500 s.f. of public green space, playground, and walking area in the northeast corner of the property (see Figure 3).
Setbacks
The Long Court (west) side is considered the rear yard, and Moody Court (east) side is considered the front yard, per the TOMC definition of “front yard.” 2 The property lines adjacent to other parcels (to the north and south) are treated as interior side yards. However, as the proposed project fronts two streets, Long Court and Moody Court, both street frontages need to comply with the third-story average 2 The March 27, 2023 Planning Commission staff report incorrectly referred to Long Court as the front yard and Moody Court as the rear yard.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 10-foot setback and sidewalk requirement. As shown in Table 1, the proposed project complies with all required front, rear, and side yard setbacks, as well as the average third-floor setback requirement, as the west and east façades facing Long and Moody Courts incorporate roof decks, balconies, and a step back.
Figure 3: Site Plan
Source: Plan Sheet A1-0 dated February 27, 2023
Thousand
Oaks
Boulevard
US 101
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Table 1: Setbacks Required by SP 20
Yard Adjacent
Street/ Use Required Provided Third
Floor
Front
(East) Moody Court
8’ sidewalk +
10’ landscaped yard+
avg. 10’ at third floor
10’ (with 8’ sidewalk) Avg.
10’
Rear
(West) Long Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
11’ 8” (with 5’ sidewalk
-
Waiver Requested)
Avg.
10’
Side
(North) Daycare/Vacant 4’ 54’ (at daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A
The proposed project meets the required sidewalk requirement along Moody Court; however, the applicant is requesting a waiver of the sidewalk requirement along Long Court, so the existing five-foot sidewalk is retained but not expanded.
Staff recommends the approval of this request however, in order to retain the option to expand the sidewalk in the future, City staff have negotiated with the applicant to include a three-foot easement along Long Court as part of the Development Agreement (DAGR) (Attachment #2). With the acceptance of the waiver, the project meets all setbacks required by SP 20.
In addition, per TOMC Sec. 9-4.2405.5(a)(3)(iii), below-grade parking structures require increased setbacks for the front, rear, and side yards. The applicant is requesting that the five-foot increased setbacks for the front and rear yards be waived, as allowed by TOMC Sec. 9-4.2405 for General design standards of parking areas. Staff supports this waiver request as similarly increased setbacks are not normally required for residential projects with above-ground parking structures and a decreased setback allows for more direct pedestrian access to the ground floor dwelling units.
Trash Collection
The applicant is proposing a trash enclosure within the northwest and southeast corners of the parking structure. The applicant is requesting a waiver from the standard, as allowed by TOMC Sec. 9-4.904, Development standards (R-P-D), which does not allow trash enclosures within the structure, of which staff recommends approval. Per conditions of approval, the applicant is required to receive approval from the trash management company for the design and placement of the trash containers and bulky item pick up area prior to the issuance of building permits. This approval has already been obtained.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Amenities and Common Open Space
The project includes on-site gathering and recreational spaces, in addition to each unit’s private balcony (57 percent of which are requested to be reduced from the required minimum area as a density bonus law-related concession). In order to preserve three of the protected oak trees on site, the northeast common open space is designed as a parklet open to residents and the public, which includes a 700 s.f. children’s play area. The courtyard located on top of the podium garage is to include a swimming pool and spa with several different seating areas and landscaping. Three roof-decks are also provided on the east and west wings of the building, each including seating areas with fire pits, landscaping, and trellises.
Indoor amenities are also provided, including spaces for a lobby, fitness area, and co-working area or other use.
Residential Unit Types and Density
The project proposes 31 one-bedroom units, and 42 two-bedroom units, including three live/work units, for a total of 73 units. Six units will be designated as affordable for households in the very-low-income category, and, as negotiated as part of the DAGR, two additional units will be designated as affordable for households in the moderate-income category (as defined by the State Department of Housing and Community Development). The live/work units, located at the northwest corner of the site, are intended to accommodate low-intensity commercial operations similar to a home-based business, which would require a home occupation permit.
Table 2 – Unit Mix
Unit Type Number
of Units
Percentage of
Total Units
Affordable Units Average Sq. Ft.
1-Bedroom 31 42.5% 3 (+1 per DAGR) 697
2-Bedroom 39 53.4% 3 (+1 per DAGR) 1,018
Live/Work 3 4.1% 0 1,300
TOTAL 73 6 (8 per DAGR) 893
The gross and net area of the subject property is 1.8 acres. Net area is normally calculated by deducting private streets from the gross area however in this case, there are no private streets. Per SP 20 and the General Plan land use designation for the site, Commercial/Residential, the maximum base density (without a density bonus) is 30 units per acre, therefore allowing 54 units on the subject site (1.8 acres x 30 units per acre = 54 units). On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General Plan to allocate 54 residential dwelling units from citywide Measure E residential capacity to the Commercial/Residential site, in accordance with SP 20 Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 and TOMC requirements. The proposal complies with Measure E and SP 20, subject to City Council approval of the General Plan Land Use amendment.
Density Bonus and Affordable Housing
An affordable housing agreement would establish the specific requirements to be included in the Covenant including a) that the eight affordable units are dispersed throughout the project; b) affordability level be set at the very-low-income level for six units and a moderate-income level for two units; and c) that the affordable units shall have the same standard features and amenities provided to market rate units of the same type. The restricted-income covenants are required by state law to be in effect for 55 years. However, to provide greater public benefit for the City, staff has negotiated with the applicant to increase the restricted-income covenant to 70 years as part of the DAGR.
Concessions
Per California Government Code Section 65915(d)(2)(B), the applicant is also entitled to two incentives, or concessions, for this project since the applicant is providing at least 10 percent of the base density units to very-low-income households. The two requested concessions include:
1) A 25 percent to 46 percent reduction of the 100 s.f. minimum private open space area requirement for 57 percent of units.
2) An increase from 35 percent maximum structure coverage to 54 percent.
Waivers
Per State Density Bonus Law (Government Code Section Gov. Code § 65915 et seq), if any other city or county development standard would physically prevent the project from being built at the permitted density and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. A request for a modification or waiver of a development standard does not increase or decrease the number of incentives allowed. As such, the applicant has requested the following waivers discussed throughout this report:
1) A removal of the increased front yard setback required for below-ground parking structures;
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 2) A removal of the increased rear yard setback required for below-ground parking structures;3
3) A three-foot reduction of the eight-foot wide minimum sidewalk requirement on Long Court; and
4) Trash enclosures within the parking structure. 4
Parking Reduction Request Option
In addition, pursuant to Density Bonus Law, state Government Code Section 65915(p), the applicant could have proposed as few as 94 parking spaces however, the applicant has not made this request and is providing 13 more parking spaces than is required by SP 20.
Landscaping
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (see Sheet L-1, of the project plans, dated February 27, 2023). As seen in Table 3, the project meets the requirements of the TOMC, as proposed.
Table 3: Landscape Coverage Requirements
Landscaped Area
Requirement Project-Specific Requirement Landscaped Area Provided
10% of Paved Area 17,166 s.f. Paved Area*0.1 =
1,716.6 s.f.
25 s.f. per compact space 25 s.f. x 18 spaces = 450 s.f.
Total 2,167 s.f.
2,614 s.f.
3 The parking structure waiver requests (related to garage front and rear yard setbacks) are also allowed per TOMC Sec. 9-4.2405. General design standards of parking areas: “Every use hereby inaugurated and every building or structure hereafter erected or altered shall have permanently constructed and maintained parking facilities in accordance with the provisions as set forth in this section unless otherwise approved by the Planning Commission.” 4 The trash enclosure waiver request is also allowed per TOMC Sec. 9-4.904. Development standards (R-P-D), which includes the trash enclosure restriction... “Unless otherwise specifically waived or modified by the Commission, the following development standards are established as the minimum deemed necessary to ensure the public health, safety, and welfare within the R-P- D Zone and to accomplish the intent and purpose of this article.” Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Protected Trees
Thirty (30) protected trees are located on and near the site. Per the applicant’s tree report, prepared by Richard Ibarra, I.S.L.A., dated November 3, 2022, four protected trees are proposed to be removed (one coast live oak and three California sycamore trees) and 22 oak trees plus two California sycamore trees will be encroached upon, with no impact to the other two protected trees identified in the report. Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees) of the same species. The three required replacement coast live oak trees and six of the required replacement sycamore trees are to be planted on-site per the proposed landscape plan. Any trees not able to be placed on-site would be mitigated with an in-lieu fee provided to the Conejo Open Space Conservation Fund used toward acquisition of open space, as allowed by Resolution No. 2010-014 Section 5.4.
Access, Traffic, and Parking
The proposed project includes pedestrian walkways and a parklet open to residents and the public, which connect to the existing sidewalks on Long and Moody Courts. In addition, a ground-floor lobby, amenity areas, and dwelling units provide direct access to the sidewalk along both Moody and Long Courts.
Primary vehicular ingress and egress to the basement parking garage are provided from a main two-way entrance accessed from Long Court. The northern parking lot is also accessed from Long Court. The entrance to the southern surface parking lot is provided on Long Court and the exit opens onto Moody Court. As conditioned, all accessways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards.
Traffic
The Traffic Impact/Trip Generation Analysis, dated March 27, 2023, circulated as part of the supplemental packet provided to the Planning Commission, finds that traffic from the project is estimated to result in an average of 37 trips during the P.M. peak hours. The existing use is estimated to have generated 29 P.M. peak trips per hour. Standard City practice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (VMT) analysis is when a project is expected to generate an additional 100 P.M. trips over the current land use. Since the proposed project’s net increase in P.M. Peak hour trips is eight trips, neither a Traffic Impact Study nor a VMT analysis is required.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Parking
Sixty-eight parking spaces will be located in the garage, 11 will be provided via parallel on-street parking (as allowed per SP 20), six will be in the lower (northern) lot, which will serve the three live/work units, and 41 will be in the upper (southern) lot. In addition, infrastructure for electric vehicle charging stations and bicycle storage for tenants is proposed.
As seen in Table 4, with 31 one-bedroom units, 39 two-bedroom units, and three live/work units, the project must provide a minimum of 113 parking spaces 5. The applicant is proposing 126 total parking spaces which is 13 more than required. Of the total, 68 spaces are provided in the proposed basement parking structure, as allowed by Section 9-2405.5(a)(2)(ii), are parallel on-street parking spaces, and 47 are within the two surface lots. These include six (6) standard tandem spaces, 21 EV-Ready spaces, and five Americans with Disabilities Act (ADA) spaces. All parking space dimensions, and driveway widths meet the TOMC and ADA minimum requirements. The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts.
Condition No. 45 requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.
Table 4: Parking Supply and Demand
Parking Categories
Parking Ratio
Required by SP
20 # of Units Parking
Required
Parking
Provided
1 Bedroom 1.25 space/unit 31 38.75
2 Bedroom
(includes live/work
units)
1.75 spaces/unit
42 73.5
Total 112.25 (113) 126
Development Agreement
A DAGR is required for approval of projects that receive allocation of Measure E units (Attachment #2). The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as proposed, the City will have 65 market-rate, six very-low-income restricted affordable, and two moderate-income restricted affordable units to add to its residential stock and count towards the current Regional Housing Needs 5 1.25 parking spaces x 31 one-bedroom units = 38.75 parking spaces. 1.75 parking spaces x 42 two-bedroom units (including the Live/Work units) = 73.5 parking spaces. 38.75 + 73.5 = 112.25, rounded up to 113 required parking spaces.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 Assessment (RHNA) requirements from the state. In addition, the project provides the demolition of an aging commercial site, and publicly accessible open space including a small playground. The applicant is also agreeing to extend the affordability covenant for all income-restricted units from 55 to 70 years and a three-foot easement along Long Court to provide a potential total sidewalk width of eight feet.
In return for these public benefits, the applicant receives the General Plan Amendment and the requisite Measure E unit allocation required to build the multi- family apartment development as well as the ability to defer payment of City Impact Development Fees for a period of 24 months, with a possible six-month extension.
Additional points of this Development Agreement include timelines for the construction and an outline of the project’s green initiatives.
Environmental Review
The project has been reviewed in conformance with the provisions of the California Environmental Quality Act. The project qualifies for a Class 32 (Section 15332) Categorical Exemption under the California Environmental Quality Act. Class 32 consists of in-fill projects within city limits on a project site of no more than five acres that is substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air quality, or water quality and can be adequately served by all required utilities and public services. Furthermore, it has been determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).
In addition, the General Plan Amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines, as “…CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” In this case “the activity” is simply assigning available residential capacity to this specific parcel, which already allows residential uses per SP 20 and its General Plan Land Use designation, which is Commercial/ Residential. The act of assigning these units itself would not have an environmental impact as the General Plan overall anticipates residential capacity.
Correspondence
One letter of support was received prior to the Planning Commission hearing. The sender of that letter, Danielle Borja, Greater Conejo Valley Chamber of Commerce President also spoke in favor of the project. One additional speaker spoke in support at that hearing.
Item No.11A
Proposed 73-Unit Apartment Complex – Long Ct.
April 25, 2023
5 7
8 To date, staff has not received any additional public correspondence in response to the project.
Conclusion
The proposed project has been designed to meet the intent of the City’s standards, codes, and policies. The proposed building design and site layout integrate well with surrounding development and have a cohesive architectural design meeting the City’s Architectural Design Guidelines. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions (Attachments #3 and #4).
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Justine Kendall, Associate Planner
Attachments:
Attachment #1 – Planning Commission Staff Report Packet of March 27, 2023
Attachment #2 – Development Agreement
Attachment #3 – (DAGR) 2022-70822-DAGR Ordinance
Attachment #4 – City Council Resolution
cdd:420-46/H:\COMMON\City Council\CC Agenda Items\2023\04252023/Long Ct/Staff Report/pz (FILE ID: 2022-70511- DAGR)
Item No.11A
ATTACHMENT #1
TO: Planning Commission
FROM:
DATE:
SUBJECT:
Stephen Kearns, Planning Manager
March 27, 2023
Proposed 73-Unit Apartment Complex
General Plan Amendment (2021-70182-LU); Development
Permit (2022-70269-DP); Protected Tree Permit (2022-70535- PTP); and Development Agreement (2022-70822-DAGR)
APPLICANT: SJG Long Investment
LOCATION: 88 Long Court
Assessor’s Parcel Number (APN): 669-0-202-260
REQUEST:
That the Planning Commission adopt a Resolution thereby forwarding the following recommendations to City Council:
1. Find that the project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA); and
2. Approve the following applications for construction of a multi-family residential project and associated landscape, hardscape, and grading located at 88 Long Court (Attachment #s 1, 2, and 3):
General Plan Amendment (LU) No. 2021-70182: To conditionally assign the permanent allocation of 54 dwelling units of citywide Measure E capacity to the project site, which is located within the Thousand Oaks Boulevard Specific Plan (SP 20);
Development Permit (DP) No. 2022-70269: To allow the demolition of the existing commercial-office development and the construction of a 73- unit apartment project with a density bonus, including eight (8) affordable units and three (3) live/work units, consisting of one building and a basement parking structure. Applicant is requesting concessions through the State density bonus to allow the following:
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
a) A twenty-five (25%) to forty-six (46%) percent reduction of the 100 square foot minimum private open space area requirement for fifty- seven (57%) percent of units.
b) An increase from thirty-five (35%) percent maximum structure coverage to fifty-four (54%) percent.
And waivers to allow:
a) Removal of the increased front yard setback required for below ground parking structures;
b) Removal of the increased rear yard setback required for below ground parking structures;
c) A three (3’) foot reduction of the eight (8’) foot wide minimum sidewalk requirement along Long Court; and
d) Trash enclosures within the parking structure.
Protected Tree Permit (PTP) No. 2022-70535: To allow the removal of one (1) coast live oak (Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees; and encroachment within the protected zones of twenty-two (22) coast live oak and two (2) California sycamore trees; and
Development Agreement (DAGR) No. 2022-70822: To specify public and private benefits, party responsibilities, and other terms related to the proposal, including allocation of 54 units of citywide residential capacity to the project.
RECOMMENDATION:
That the Planning Commission adopt a Resolution (Attachment # 4) based on the findings and subject to the conditions contained therein, recommending that City Council:
1. Find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects and Section 15061(b)(3) Common Sense Exemption; and
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
2. Approve Development Permit 2022-70269-DP, General Plan Amendment 2021-70182-LU, and Protected Tree Permit 2022-70626-PTP; and adopt an Ordinance (Attachment #5) approving Development Agreement 2022- 70822-DAGR (Attachment # 6).
PLANNING COMMISSION REVIEW
The subject request involves a Measure E allocation for a project located within the Thousand Oaks Boulevard Specific Plan (SP 20). Typically, decisions on Development Permits are rendered by the Planning Commission, with City Council consideration if a Planning Commission decision is appealed. Since this project was allocated Measure E units, this application is being evaluated through the City Council adopted Prescreen process. The process includes filing of a Pre-Application for initial project comments from various City departments and agencies, followed by formal application submittal for evaluation and recommendation to the Planning Commission, then Planning Commission review and recommendation to the City Council on the project, with final decision to approve or deny the project by City Council. The applicant has satisfied all requisite steps as described in more detail throughout this report, and at this stage, the Planning Commission’s role on this item is to make a recommendation to City Council.
In addition to the prescreen process, SP 20 requires that any allocation of Measure E residential capacity to the Specific Plan area be processed through a General Plan Amendment. This amendment does not change any land use map or zoning and does not qualify as any of the types of amendments listed within Sec. 9-2.203(b) which require voter approval to become effective1. 1 In response to the types of amendments which require voter approval described in Sec. 9-
2.203(b): (1) The amendment will not affect any land area designated as “Existing Parks, Golf Courses, Open Space.” The site is currently designated as “Commercial/Residential” and will remain so. (2) The land use designation is not proposed to change. Therefore, there is no increase or change in the maximum number of residential dwelling units which could be proposed from the existing condition. (3) No commercial uses are proposed.
In addition, the site is within the existing CURB area. No expansion of those boundaries is proposed.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
BACKGROUND
Project Site and Setting
The subject property is a 1.8-acre lot, bound by Moody Court to the east and Long Court to the west, currently developed with an existing 20,300 square foot 27-foot-tall commercial office development approved in March 1978 pursuant to Development Permit No. 1977-0347.
The topography of the site has a gradual grade transition resulting in an approximately 14-foot rise in elevation between the northern (lower) surface parking lot and southern (upper) surface parking lot. The site is currently landscaped with mature foliage and trees, both protected and nonprotected specimens.
The property is within the boundary of SP 20, which was adopted by City Council on November 15, 2011. This plan provides specific and unique development standards and establishes policy and regulations for a defined area. The Land Use Element of the General Plan designates the property as “Commercial/ Residential.”
Figure 1: Existing Conditions
Source: GIS 2022
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
The site is adjacent to existing commercial uses including offices to the south, medical offices to the west, and an assisted living facility to the east. A vacant parcel is located immediately adjacent to the north. A preschool and hair salon operate in between the subject property and Thousand Oaks Boulevard.
Thousand Oaks Boulevard is approximately 270 feet to the north. A commercial office is located between the subject property and the Ventura (US 101) Freeway, which is 200 feet south of the property. The project site is currently visible from US 101, although largely screened by existing development and landscaping.
Two streets, Moody and Long Courts, bookend the site at the east and west sides of the property. Both roads are cul-de-sacs and have no through connection. Each street is improved with a five-foot wide sidewalk (except along the Moody Court frontage of the vacant lot) that provides pedestrian connectivity to and from the Boulevard. Public transit areas (bus stops) are available along the Boulevard, with the nearest located about a quarter mile from the project, providing service connections along Thousand Oaks Boulevard, Hampshire Road, Hillcrest Drive, Moorpark Road, Westlake Village, and the Thousand Oaks Transit Center. Bicycle lanes are located along on the Boulevard in this area.
The Heritage Park Native Plant Demonstration Garden is technically the nearest park, at the intersection of Thousand Oaks Boulevard and Long Court. Paige Lane Neighborhood Park is the nearest public park with recreational facilities, approximately 1 mile north of the subject property.
Application Process
On April 27, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment (LU) (LU 2021-70182/RCA 2021-70181) for the above project was authorized by City Council which allocated 55 units for the residential portions of the project2.
On October 28, 2021, a Pre-Application (PAR 2021-71034) was submitted. Staff met with the applicant and provided development requirements and other project specifics.
On March 21, 2022, the applicant began submitting the subject applications, which are listed in the “Recommendation” section of this report. 2 The lot area measurement was refined during the formal submittal review, at the time of the Planning Commission hearing to discuss the RCA, the site was believed to be slightly larger (1.86 acres), thus calculating a need for 55 units at the time. However, 54 is the correct base density for the subject lot and thus the correct allocation to be used moving forward.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
On July 22, 2022, the Notice of Application was mailed and posted at the property site.
On March 13, 2023, the Notice of Hearing was mailed and posted at the property site.
Project Description
Building Form and Design
The proposed project includes the construction of a 73-unit, three (3) story podium apartment building (Attachment #7). The apartment building is proposed with three stories above the basement parking garage and will be at an average height of 34 feet. The site topography informs the form of architectural design, as the structure appears to notch into the existing slope moving from the Boulevard towards the southern end of Moody and Long Courts.
Figure 2: Conceptual Perspective (Long Court Looking South) Source: Plan Sheet A6-1 dated February 27, 2023
The project’s architectural design is a blend of Mid-Century Modern and Contemporary styles. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, simulated wood fiber cement and board- form cement panels, stone veneer, multi-panel vinyl window areas with dark Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
bronze trim, bronze and glass balcony railings, decorative iron fencing along the northern perimeter, and decorative light poles and wall mount light fixtures. The architectural design incorporates articulation and detailing throughout, resulting in a visually interesting project (see Figure 2 and Attachment #7).
Figure 3: Site Plan
Thousand
Oaks
Boulevard
US 101
Source: Plan Sheet A1-0 dated February 27, 2023
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
Amenities and Common Open Space
The project includes on-site gathering and recreational spaces, in addition to each unit’s private balcony (57% of which are requested to be reduced from the required minimum area as a density bonus law-related concession). In order to preserve three of the protected oak trees on site, the northeast common open space is designed as a parklet open to the residents and public, including a 700 square foot children’s play area. The courtyard located on top of the podium garage is to include a swimming pool and spa with several different seating areas and landscaping. Three roof-decks are also provided on the east and west wings of the building, each including seating areas with fire pits, landscaping, and trellises. Indoor amenities are also provided, including spaces for a lobby, fitness area, and co-working area or other use.
Residential Unit Types
The project proposes thirty-one (31) one-bedroom units, and forty-two (42) two- bedroom units, including three (3) live/work units, for a total of 73 units; six (6) of which will be designated as affordable for households in the very-low-income category, and, per the proposed Development Agreement (“DAGR”), two (2) to be designated as affordable for households in the moderate-income category (as defined by the State Department of Housing and Community Development). The live/work units, located at the northwest corner of the site, are intended to accommodate low-intensity commercial operations. These two-story units function in a similar manner as a home-based business, which is a permitted use in any residential area and are ideal for small, start-up businesses that require little work area and create few customer trips.
Landscaping and Protected Trees
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. A conceptual landscape plan has been submitted that demonstrates substantial landscaping on the site (see Sheet L-1, of the project plans, dated February 27, 2023).
Thirty (30) protected trees are located on and near the site. Per the applicant’s tree report, prepared by Richard Ibarra, I.S.L.A., dated November 3, 2022, four protected trees are proposed to be removed (1 coast live oak and 3 California sycamore trees) and twenty-four (24) protected trees will be encroached upon, with no impact to the other two protected trees identified in the report. Each protected tree to be removed must be replaced with three (3) trees (two 24-inch box and one 36-inch box sized trees) of the same species. The three required replacement coast live oak trees and six of the required replacement sycamore Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
trees are to be planted on-site per the proposed landscape plan. Any trees not able to be placed on-site would be mitigated with an in-lieu fee provided to the Conejo Open Space Conservation fund used toward acquisition of open space.
Vehicular Access and Parking
Primary ingress and egress to the basement parking garage is provided from a main two-way entrance accessed from Long Court. The northern parking lot is also accessed from Long Court. The entrance to the southern surface parking lot is provided on Long Court and the exit opens onto Moody Court.
Sixty-eight (68) parking spaces will be located in the garage, eleven (11) will be provided via parallel on-street parking, six (6) will be in the lower (northern) lot, which will serve the three live/work units, and forty-one (41) will be in the upper (southern) lot. In addition, infrastructure for electric vehicle charging stations and bicycle storage for tenants is proposed.
Pedestrian Access and Walkability
The proposed project includes pedestrian walkways and a parklet open to residents and the public, which connect to the existing sidewalks on Long and Moody Courts. There are several pedestrian entrances to the building provided, including resident-only pedestrian access doors at the northern end of both street-facing façades, and the main lobby entrance accessed from the upper (southern) surface lot, off Long Court. In addition, ground floor units provide direct access to the sidewalk along both Moody and Long Courts via landscaped stoops.
The project is adjacent to and within walking distance of several commercial centers offering dining, retail, grocery, professional, and recreation uses, thus reducing the potential number of vehicle trips from the project and reducing greenhouse gases.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
EVALUATION
Consistency with General Plan and Zoning Designation
Per SP 20, the subject property is zoned to allow “a minimum residential density of 10 dwelling units per net acre and a maximum density of 30 dwellings per net acre” and adhere to Residential Planned Development (RPD) design standards.
The General Plan land use designation for the site, Commercial/Residential, also has a maximum base density of 30 units per acre, therefore allowing 54 units on the subject site (1.8 acres 3 x 30 units per acre = 54 units). The project proposes a base unit count of 54 residential units (not including density bonus units, described below) and is therefore consistent with both the General Plan Land Use Element designation and the Zoning designation.
In addition, in order to comply with Measure E, an allocation of Measure E residential capacity units to the project site must be initiated and approved by City Council. The Measure E allocation factors the overall size of the property multiplied by the General Plan land use designation (1.8 acres x 30 units per acre). On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General Plan to allocate 54 residential dwelling units from citywide Measure E residential capacity to the Commercial/Residential site, in accordance with SP 20 and Municipal Code requirements. City Council also allowed concurrent processing of entitlement applications with legislative actions for this project (2021-70182-LU and 2021- 70181-RCA). The proposal complies with Measure E and SP 20, subject to City Council approval of the General Plan Land Use amendment.
As specified within the draft DAGR (Attachment #6), if the Owner fails to obtain building permits within the term of the DAGR (June 30, 2027), the DAGR terminates and “all reservations or allocations of market-rate Measure E units shall revert to the City’s Measure E capacity.” At that point the applicant would lose all rights to the allocated Measure E units and the units will be returned to the Measure E capacity, which would add 54 units to the remaining 55 units in the Measure E “pool”, and the project would not be able to be constructed.
Density Bonus and Affordable Housing
As described above, the maximum base density for this project without a density bonus is 54 dwelling units. In addition, the applicant is proposing eleven (11%) 3 The gross and net area of the subject property is 1.8 acres. Net area is normally calculated by deducting private streets from the gross area however in this case, there are no private streets.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
percent or six (6) of the 54 units be affordable at the “very-low” income level. This qualifies the project for a thirty-five (35%) percent density bonus in accordance with the State of California density bonus criteria, which allows the applicant to add up to 19 more dwelling units, for a total of 73 units 4. Table 1, below, provides the proposed unit mix.
Table 3 – Unit Mix
Unit Type Number of Percentage of Affordable Average Sq.
Units Total Units Units Ft.
Live/Work
1-Bedroom
2-Bedroom
TOTAL
3 31
39 73
4.1%
42.5%
53.4%
0 1,300
697
1,018
893
3 (+1 per DA)
3 (+1 per DA)
6 (8 per DA)
In addition, the applicant has agreed to provide two additional moderate-income restricted units, for an overall total of 8 affordable units, two above the minimum amount to qualify for the 11% density bonus. The remainder of the units will be offered at market-rate which is considered to be the “Above Moderate” income level. Once building permits are issued for the development, each unit will count towards the City’s 6 th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029, as shown in Table 2 below.
Table 2: 6th Regional Housing Needs Assessment
Income Categories
Very Low
735
Low
494
Moderate Above Moderate
532 860
Total
2,621RHNA 6th Cycle
The “very-low” income level is defined as households with incomes at, or below, fifty (50%) percent of the Area Median Income (AMI) for Ventura County while the “moderate” income level means households with incomes at, or below, 120% of the County AMI, as established by the State Department of Housing and Community Development. For example, for a 2-person household, the current maximum “very-low” income limit is $50,200 per year (see Table 2). 4 Project Density Bonus Formula: 54 base density dwelling units*0.35 = 18.9, rounded up = 19 dwelling units. 54+19 = 73 dwelling units allowed. Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
Table 2: 2022 Ventura County Income Limits
Annual
Income
Acutely
Low
(15%)
Extremely
Low
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Household Household Household Household Household Household Household Household $ 12,100
$ 26,350
$ 13,850
$ 30,100
$ 15,550
$ 33,850
$ 17,300
$ 37,600
$ 18,700
$ 40,650
$ 20,050
$ 43,650
$ 21,450
$ 46,650
$ 22,850
$ 49,650
(30%)
Very Low
(50%)
Lower
$ 43,900
$ 70,250
$ 80,800
$ 96,950
$ 50,200
$ 80,300
$ 92,300
$ 110,800
$ 56,450
$ 90,350
$ 103,850
$ 124,650
$ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800
$ 100,350
$ 115,400
$ 138,500
$ 108,400
$ 124,650
$ 149,600
$ 116,450
$ 133,850
$ 160,650
$ 124,450
$ 143,100
$ 171,750
$ 132,500
$ 152,350
$ 182,800
(80%)
Median
(100%)
Moderate
(120%)
An affordable housing agreement would establish the specific requirements to be included in the Covenant including a) that the eight affordable units are dispersed throughout the project; b) affordability level be set a very-low-income level for six units and a moderate-income level for two units, and c) that the affordable units shall have the same standard features and amenities provided to market rate units of the same type.
The restricted-income covenants are required by state law to be in effect for 55 years. However, to provide greater public benefit for the City, staff has negotiated with the applicant to increase the restricted-income covenant to 70 years as part of the DAGR.
Concessions
Per California Government Code Section 65915(d)(2)(B), the applicant is also entitled to two incentives, or concessions, for this project since the applicant is providing at least 10% of the total units to very-low-income households. The two requested concessions include:
1) A twenty-five (25%) to forty-six (46%) percent reduction of the 100 square foot minimum private open space area requirement for fifty- seven (57%) percent of units.
2) An increase from thirty-five (35%) percent maximum structure coverage to fifty-four (54%) percent
Each concession is discussed later in this report, in the private open space and space allocation sections, respectively.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
Waivers
Per State Density Bonus Law (Government Code Section Gov. Code § 65915 et seq), if any other city or county development standard would physically prevent the project from being built at the permitted density and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. A request for a modification or waiver of a development standard does not increase or decrease the number of incentives allowed. As such, the applicant has requested the following waivers:
1) A removal of the increased front yard setback required for below ground parking structures;
2) A removal of the increased rear yard setback required for below ground parking structures;
3) A three (3’) foot reduction of the eight (8’) foot wide minimum sidewalk requirement on Long Court;
4) Trash enclosures within the parking structure.
These requests are discussed in further detail in the Setbacks and Trash Collection sections of this report.
Parking Reduction Request
In addition, pursuant to Density Bonus Law, state Government Code Section 65915(p), the parking ratios are required for multi-family apartment buildings are one (1) parking space per one-bedroom unit and one and a half (1.5) parking spaces for a two-bedroom unit. Government Code Section 65915(p) does not require guest parking. If desired, the applicant could have requested this allowance and proposed as few as 94 parking spaces however, as discussed in more detail below, the applicant has not made this request, and is providing thirteen more parking spaces required by SP 20.
Building Form and Architectural Style
There are several design criteria included in the Thousand Oaks Municipal Code and SP 20 which encourage or require, for example, units oriented toward the street, varied architectural styles, and integration of parking garages into the overall design of the project. The proposed architectural design incorporates these guidelines by including direct pedestrian access to ground floor dwelling units wherever possible and incorporating a variety of building material types and details, providing visual interest and integrating the above-ground portions of the Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
garage and accessory structures to provide cohesive design throughout the project site. In addition, the basement parking structure complies with the design guidelines and standards contained within TOMC Section 9-2405.5(a)(2) as the exposed elevations of the parking garage are obscured from view by the proposed live/work units and clad with stone veneer and landscaping when facing the street to remain architecturally compatible with the rest of the building.
The project is within an urbanized area, with transportation and utility infrastructure in place. Development surrounding the site varies from one to three stories, with ground elevations rising from north to south. Architecturally, the proposed building design, scale, materials and landscaping complement existing uses. The color palette of browns and grays mimic the colors used in the surrounding area. Residential units and roof-top decks face the street on either side, with the surface lots providing extended setback area between the proposed development and the existing adjacent properties. The greatest façade setbacks are proposed on the northside, adjacent to the daycare, to provide over 160 feet of space between each structure.
The existing building is two stories, and the rooftop is visible from the highway.
As such, the property is visible from the 101 Freeway, and Resolution No. 91-172 “101 Freeway Design Guidelines” applies. Although there are no public viewsheds or corridors to be protected, such as views of distant natural features, open space, public parks, lakes, designated protected ridgelines, and any other designated types of scenic resource, the project has been designed to be sensitive to the existing topography and proximity to the highway. For example, protective screening of roof mounted mechanical equipment has been integrated into the building’s overall design of wall and roof components and the setback to the building adjacent to the freeway is increased to allow for reduced visual impact.
Staff considers the architectural design to meet the intent of the design standards and guidelines provided in SP 20, the City’s Precise Plan of Design standards, and the Freeway Corridor Guidelines by using unified design elements throughout the development and designing the site in a way that is compatible with the surrounding uses.
Space Allocation
Section 9-4.904(f) of the Municipal Code provides a space allocation formula to be used as a guideline in evaluating the site plan for any residential project for which the Residential Planned Development (RPD) zone development standards Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
apply. For high density residential projects, the guidelines and proposed allocation, are as shown in Table 4.
The applicant is requesting an affordable housing concession for the amount of structure coverage from 35% to 54%. All other areas generally comply with the space allocation guidelines, as seen on Sheet A1-3 of the project plans, dated February 27, 2023. Due to the site constraints and number of units provided, staff understands that the applicant needs the concession as the structure coverage exceeds the amount stated in the guidelines.
Table 4: RPD Space Allocation Analysis
Subject Guidelines Project
54%Structure Coverage 35% Concession Requested
Paved Areas
Open Space
25%
35%
21.7% Compliant
35.3% Compliant
In addition, per SP 20, three percent of the building footprint must be dedicated to public open space. The project exceeds this requirement by more than 350%, providing 4,500 square feet (s.f.) of public green space, playground, and walking area in the northeast corner of the property.
Building Height
SP 20 allows buildings up to three stories with a 50’ maximum average height, unless a waiver is approved by Planning Commission or City Council. Except for the courtyard area, which is lower, the proposed building is two to three stories above the parking garage. As the garage qualifies as a basement parking structure, no part of the structure count towards the height of the overall maximum building height per Section Sec. 9-4.2405.5(a)(3)(v)(aa). The average height of the structure is 33.79’ and maximum height of the building is 50’ at the northern façade. Therefore, the building height complies with the requirements of SP 20.
Setbacks
SP 20 includes the following setback requirements:
That the required front yard setback is ten (10’) feet of landscaped setback area, measured from the inside of the sidewalk easement, for side street parcels not adjacent to Thousand Oaks Boulevard; That the required side yard setback is a minimum 4’ landscaped setback when parking is proposed (otherwise 0’ setback);
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023
That the required rear yard setbacks is 10’;
That there is a required 8’ setback sidewalk (measured from the curb) when the project is facing an adjacent public street which is not Thousand Oaks Blvd; and
That the average setback of a third story be recessed from the front building façade a minimum of 10’ as measured from the first building façade.
Table 5: Setbacks Required by SP 20
Adjacent
Street/ Use
Third
FloorYard Required Provided
11’ 8” (with 5’
sidewalk)
Waiver
8’ sidewalk +
10’ landscaped yard+
avg. 10’ at third floor
Front
(West) Long Court Avg. 10’
Avg. 10’
Requested
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
Rear
(East)
10’ (with 8’
sidewalk)Moody Court
Side
(North)
Side
54’ (at
daycare)Daycare/Vacant
Office
4’
4’
N/A
N/A67’ 9”(South)
The Long Court (west) side is considered to be the front yard, as that is where the parking entrances are, and Moody Court (east) side is considered to be the rear yard. The property lines adjacent to other parcels (to the north and south) are treated as interior side yards. However, as the proposed project fronts two streets, Long Court and Moody Court, both street frontages need to comply with the third story average 10-foot setback and sidewalk requirement. As shown in Table 5, the proposed project complies with all required front, rear and side yard setbacks as well as the average third floor setback requirement as the west and east façades facing Long and Moody Courts incorporate roof decks, balconies, and a step back, as seen on sheet A1-6 of the project plans, dated February 27, 2023.
The proposed project meets the required sidewalk requirement along Moody Court; however, the applicant is requesting a waiver of the sidewalk requirement along Long Court so that the existing five-foot sidewalk is retained but not expanded. Staff recommends the approval of this request as the 3’ addition to the existing 5’ wide sidewalk would increase the concrete hardscape and reduce the landscaping buffer area proposed along the building facade. In addition, Long Court itself is at the end of a cul-de-sac at the top of a fairly steep roadway, and Item No.11A
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March 27, 2023
the sidewalk at this location would primarily serve this project rather than the existing commercial uses. However, in order to retain the option to expand the sidewalk in the future, City staff have negotiated with the applicant to include a 3’ easement along Long Court as part of the DAGR (Attachment #6). With the acceptance of the waiver, the project meets all setbacks required by SP 20.
In addition, per TOMC Sec. 9-4.2405.5(a)(3)(iii), below-grade parking structures require increased setbacks for the front, rear, and side yards. The applicant is requesting that the 5-foot increased setbacks for the front and rear yards be waived. Staff supports this waiver request as similar increased setbacks are not normally required for residential projects with above-ground parking structures and a decreased setback allows for more direct pedestrian access to the ground floor dwelling units.
Access and Traffic
As conditioned, all accessways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards. Traffic from the project is estimated to result in an average of 29 trips during the P.M.
Peak hours (Attachment #8). Standard City practice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (VMT) analysis is when a project is expected to generate an additional 100 PM trips over the current land use. Since the proposed project net increase in PM Peak hour trips is 29 trips, neither a traffic impact study nor a VMT analysis is not required.
Parking
SP 20 requires one and a quarter (1.25) parking spaces per one-bedroom unit, and one and three-quarters (1.75) parking spaces per unit with two or more bedrooms. Guest parking is not required within SP 20. In addition, per SP 20, on- street parking spaces immediately adjacent to and on the same side of the street of a property may be counted toward meeting the off-street parking requirement for that property. Each parallel parking space to be counted towards such credit must be at least 24 feet long.
Table 6: Parking Supply and Demand
Parking
Categories
1 Bedroom
2 Bedroom
Parking Ratio
Required by SP 20
1.25 space/unit
Parking
Required
38.75 Parking
Provided# of Units
31 421.75 spaces/unit 73.5
Total 112.25 (113) 126
Item No.11A
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March 27, 2023
Therefore, as seen in Table 6, with 31 one-bedroom units and 42 units two- bedroom units, the project must provide a minimum of 113 parking spaces 5. The applicant is proposing 13 more spaces than required: 126 total parking spaces. 68 are provided in the proposed basement parking structure, as allowed by Section 9-2405.5(a)(2)(ii), 11 are parallel on-street parking spaces, 47 are within the two surfaces lots. These include six (6) standard tandem spaces6, twenty-one (21) EV-Ready spaces, and five (5) Americans with Disabilities Act (ADA) spaces.
Based on Section 9-4.2404(d)(1)(i) of the Municipal Code, a maximum of 35% of the parking spaces may be compact size. Eighteen (18) compact parking spaces, or fourteen (14%) percent of the total are provided, in compliance with the Code standards. All parking space dimensions, and driveway widths meet the TOMC and ADA minimum requirements.
Trash Collection
The applicant is proposing a trash enclosure within the northwest and southeast corners of the parking structure. Per 9-4.2405.5(f)(6) “No loading/unloading activities, trash enclosures or recycling bins shall be permitted within a parking structure. These activities shall be designed and provided for separately, within the site, to serve the proposed project.” However, staff understands this section of the code to be outdated as new refuse collection vehicle types allow for the storage of waste containers within the parking structure. As such, the applicant is requesting a waiver from this standard. Per suggested Condition No. 121, the applicant is required to receive approval from the trash management company for the design and placement of the trash containers and bulky item pick up area prior to the issuance of building permits.
Private Open Space
Section 9-4.904(e)(5) of the Municipal Code requires that all apartment units have a minimum private patio or balcony area of 100 s.f., with a minimum depth of 7’ and with direct access to and from the unit. As depicted on Sheet A1-4 of the project plans, dated February 27, 2023, all units include a private balcony or 5 1.25 parking spaces x 31 one-bedroom units = 38.75 parking spaces. 1.75 parking spaces x 42 two-bedroom units (including the Live/Work units) = 73.5 parking spaces. 38.75 + 73.5 = 112.25, rounded up to 113 required parking spaces.
6 The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts. Condition No. 45 requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.
Item No.11A
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023