Thousand Oaks City Council
April 25, 2023

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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: ______________

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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.

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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: ______ ____________________________

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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.

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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)

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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)

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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)

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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)

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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.

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EXHIBIT “B”

Site Plan

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EXHIBIT “C”
Conditions of Approval

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

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application – The General Plan 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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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.

*****

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EXHIBIT “D”

Project Plans dated 01/13/21

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EXHIBIT “D”

Project Plans dated 01/13/21

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EXHIBIT “D”

Project Plans dated 01/13/21

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EXHIBIT “D”

Project Plans dated 01/13/21

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EXHIBIT “D”

Project Plans dated 01/13/21

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)