Thousand Oaks City Council
April 25, 2023

TO: Planning Commission
FROM:

Stephen Kearns, Planning Manager
DATE: March 27, 2023
SUBJECT: Proposed 73-Un it Apartment Complex
General Plan Amendment (2021-70182-LU); Development
Permit (2022-70269-DP); Protected Tree Permit (2022-70535- PTP); and Development Agreement (2022-70822-DAGR)
APPLICANT: SJG Long Investment
LOCATION: 88 Long Court
Assessor’s Parcel Number (APN): 669-0-202-260
REQUEST:

That the Planning Commission adopt a Resolution thereby forwarding the following recommendations to City Council:

1. Find that the project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA); and

2. Approve the following applicat ions for construction of a mul ti-family residential project and associat ed landscape, hardscape, and grading located at 88 Long Court (Attachment #s 1, 2, and 3):

General Plan Amendment (LU) No. 2021-70182: To conditionally assign the permanent allocation of 54 dwelling units of citywide Measu re E capacity to the project site, which is located within the Thousand Oaks Boulevard Specific Plan (SP 20);
Development Permit (DP) No. 2022-70269 : To allow the demolition of the existing commercial-office d evelopment and the construction of a 73- unit apartment project with a den sity bonus, including eight (8) affordable units and three (3) live/work units, consisting of one building and a basement parking structure. Applicant is requesting concession s through the State density bonus to allow the following:

ATTACHMENT #1
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

a) A twenty-five (25%) to forty-six (46%) percent reduction of the 100 square foot minimum private open space area requirement for fif ty- seven (57%) percent of units.
b) An increase from thirty-five (35%) percent maximum structure coverage to fifty-four (54%) percent.

And waivers to allow:
a) Removal of the increased front yard setback required for bel ow ground parking structures;
b) Removal of the increased rear yard setback required for belo w ground parking structures;
c) A three (3’) foot reduction of the eight (8’) foot wide mini mum sidewalk requirement along Long Court; and
d) Trash enclosures within the parking structure.

Protected Tree Permit (PTP) No. 2022-70535 : To allow the removal of one (1) coast live oak (Quercus agrifolia ) and three (3) California sycamore ( Platanus racemosa) trees; and encroachment within the protected zones of twenty-two (22) coast live oak and two (2) C alifornia sycamore trees; and
Development Agreement (DAGR) No. 2022-70822: To specify public and private benefits, party responsibilities, and other terms r elated to the proposal, including allocation of 54 units of citywide resident ial capacity to the project.

RECOMMENDATION:

That the Planning Commission adopt a Resolution (Attachment # 4) based on the findings and subject to the conditions contained therein, recom mending that City Council:

1. Find that the project is Cat egorically Exempt from the Calif ornia Environmental Quality Act (CEQ A) Guidelines pursuant to Class 3 2 Section 15332 In-Fill Development Projects and Section 15061(b) (3) Common Sense Exemption; and
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

2. Approve Development Permi t 2022-70269-DP, General Plan Amend ment 2021-70182-LU, and Protected Tr ee Permit 2022-70626-PTP; and ad opt an Ordinance (Attachment #5) approving Development Agreement 20 22- 70822-DAGR (Attachment # 6).

PLANNING COMMISSION REVIEW
The
subject request involves a Measure E allocation for a proje ct located within the Thousand Oaks Boulevard Specif ic Plan (SP 20). Typically, d ecisions on Development Permits are rendered by the Planning Commission, wi th City Council consideration if a Planning Commission decision is appealed. Since this project was allocated Measure E units, this application is bein g evaluated through the City Council adopted P rescreen process. The process includes filing of a Pre-Application for initial project comments from various City departments and agencies, followed by formal application submittal for eval uation and recommendation to the Planning Commission, then Planning Commis sion review and recommendation to the City Council on the project, with fin al decision to approve or deny the project by City Council. The applicant has satisfied all requisite steps as described in more detail throughout this rep ort, and at this stage, the Planning Commission’s role on this item is to make a recommendation to City Council.

In addition to the prescreen proc ess, SP 20 requires that any a llocation of Measure E residential capacity to the Specific Plan area be pro cessed through a General Plan Amendment. This a mendment does not change any land use map or zoning and does not qualify as any of the types of amendment s listed within Sec. 9-2.203(b) which require voter approval to become effective1. 1 In response to the types of amendments which require voter app roval described in Sec. 9-

2.203(b): (1) The amendment will not affect any land area desig nated as “Existing Parks, Golf Courses, Open Space.” The site is currently designated as “Com mercial/Residential” and will remain so. (2) The land use designation is not proposed to chan ge. Therefore, there is no increase or change in the maximum number of residential dwelling units which could be proposed from the existing condition. (3) No commercial uses are proposed.

In addition, the site is within the existing CURB area. No exp ansion of those boundaries is proposed.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

BACKGROUND
Project Site and Setting
The
subject property is a 1.8-acre lot, bound by Moody Court to the east and Long Court to the west, currently developed with an existing 20 ,300 square foot 27-foot-tall commercial office development approved in March 19 78 pursuant to Development Permit No. 1977-0347.

The topography of the site has a gradual grade transition resul ting in an approximately 14-foot rise in elevation between the northern (l ower) surface parking lot and southern (upper) surface parking lot. The site is currently landscaped with mature foliage and trees, both protected and nonprotected specimens.

The property is within the boundary of SP 20, which was adopted by City Council on November 15, 2011. This plan provides specific and unique development standards and establishes policy and regulations for a defined area. The Land Use Element of the General Plan designates the property as “Com mercial/ Residential.”
Figure 1: Existing Conditions
Source: GIS 2022
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

The site is adjacent to existing commercial uses including offi ces to the south, medical offices to the west, and an assisted living facility to the east. A vacant parcel is located immediately adjacent to the north. A prescho ol and hair salon operate in between the subject property and Thousand Oaks Boule vard.

Thousand Oaks Boulevard is approx imately 270 feet to the north. A commercial office is located between the subject property and the Ventura (US 101) Freeway, which is 200 feet south of the property. The project s ite is currently visible from US 101, although largely screened by existing deve lopment and landscaping.

Two streets, Moody and Long Courts, bookend the site at the eas t and west sides of the property. Both roads are cul-de-sacs and have no through connection. Each street is impr oved with a five-foot wide sidew alk (except along the Moody Court frontage of the vacant lot) that provides pedestrian connectivity to and from the Boulevard. Public transit areas (bus stops) are available along the Boulevard, with the nearest located about a quarter mile fr om the project, providing service connections along Thousand Oaks Boulevard, Ha mpshire Road, Hillcrest Drive, Moorpark Road, Westlake Village, and the Thousand Oaks Transit Center. Bicycle lanes are located along on the Bouleva r d i n t h i s a r e a .

The Heritage Park Native Plant D emonstration Garden is technically the nearest park, at the intersection of Thousand Oaks Boulevard and Long C ourt. Paige Lane Neighborhood Park is the neares t public park with recreati onal facilities, approximately 1 mile north of the subject property.

Application Process
On
April 27, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment (LU) (L U 2021-70182/RCA 2021-70181) for the above project was authorized by City Council which allocated 55 units for the residential portions of the project2.

On October 28, 2021, a Pre-Applic ation (PAR 2021-71034) was sub mitted. Staff met with the applicant and provid ed development requirements and other project specifics.

On March 21, 2022, the applicant began submitting the subject a pplications, which are listed in the “Recommendation” section of this report. 2 The lot area measurement was refined during the formal submitt al review, at the time of the Planning Commission hearing to discuss the RCA, the site was believed to be slightly larger (1.86 acres), thus calculating a need for 55 units at the time. Howev er, 54 is the correct base density for the subject lot and thus the correct allocation to be used moving forward.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

On July 22, 2022, the Notice of Application was mailed and post ed at the property site.

On March 13, 2023, the Notice of Hearing was mailed and posted at the property site.

Project Description

Building Form and Design

The proposed project includes the construction of a 73-unit, th ree (3) story podium apartment building (Attach ment #7). The apartment buildi ng is proposed with three stories above the basement parking garage and will b e at an average height of 34 feet. The site topography informs the form of arch itectural design, as the structure appears to notch i nto the existing slope moving f rom the Boulevard towards the southern end of Moody and Long Courts.

Figure 2: Conceptual Perspective (Long Court Looking South)

Source: Plan Sheet A6-1 dated February 27, 2023

The project’s architectural design is a blend of Mid-Century Mo dern and Contemporary styles. The exteri or walls of the building are ear th-toned colors primarily consisting of stucco fin ishes, simulated wood fiber c ement and board- form cement panels, stone veneer, multi-panel vinyl window area s with dark SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

bronze trim, bronze and glass balcony railings, decorative iron fencing along the northern perimeter, and decorative light poles and wall mount light fixtures. The architectural design incorporates articulation and detailing throughout, resulting in a visually interesting project (see Figure 2 and Attachment #7).

Figure 3: Site Plan
Source: Plan Sheet A1-0 dated February 27, 2023
Thousand
Oaks
Boulevard
US 101

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Amenities and Common Open Space

The project includes on-site gathering and recreational spaces, in addition to each unit’s private balcony (57% of which are requested to be reduced from the required minimum area as a density bonus law-related concession). In order to preserve three of the protected oak trees on site, the northeast common open space is designed as a parklet open to the residents and public, including a 700 square foot children’s play area. The courtyard located on top of the podium garage is to include a swimming pool and spa with several different seating areas and landscaping. Three roof-decks are also provided on the east and west wings of the building, each including seating areas with fire pits, landscaping, and trellises. Indoor amenities are also provided, including spaces for a lobby, fitness area, and co-working area or other use.

Residential Unit Types

The project proposes thirty-one (31) one-bedroom units, and for ty-two (42) two- bedroom units, including three (3) live/work units, for a total of 73 units; six (6) of which will be designated as aff ordable for households in the ve ry-low-income category, and, per the proposed De velopment Agreement (“DAGR”), two (2 ) to be designated as affordable for households in the moderate-inco me category (as defined by the State Department o f Housing and Community Develo pment). The live/work units, located at the northwest corner of the site, a re intended to accommodate low-intensity commerc ial operations. These two-stor y units function in a similar manner as a home-based business, which is a permitted use in any residential area and are ideal for small, start-up busin esses that require little work area and create few customer trips.

Landscaping and Protected Trees

Landscaping is provided through out the open spaces, landscape b uffers, and along the walkways within the site. A conceptual landscape plan has been submitted that demonstrates sub stantial landscaping on the site (see Sheet L-1, of the project plans, dated February 27, 2023).

Thirty (30) protected trees are located on and near the site. P er the applicant’s tree report, prepared by Richard Ibarra, I.S.L.A., dated Novemb er 3, 2022, four protected trees are proposed to be removed (1 coast live oak an d 3 California sycamore trees) and twenty-four ( 24) protected trees will be en croached upon, with no impact to the other two protected trees identified in t he report. Each protected tree to be removed must be replaced with three (3) tr ees (two 24-inch box and one 36-inch box sized tr ees) of the same species. The t hree required replacement coast live oak trees and six of the required replac ement sycamore SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

trees are to be planted on-site per the proposed landscape plan . Any trees not able to be placed on-site would be mitigated with an in-lieu fee provided to the Conejo Open Space Conservation fund used toward acquisition of open space.

Vehicular Access and Parking
Primary ingress and egress to the basement parking garage is provided from a main two-way entrance accessed from Long Court. The northern pa rking lot is also accessed from Long Court. The entrance to the southern sur face parking lot is provided on Long Court and the exit opens onto Moody Court.

Sixty-eight (68) parking spaces will be located in the garage, eleven (11) will be provided via parallel on-street p arking, six (6) will be in the lower (northern) lot, which will serve the three live/ work units, and forty-one (41) will be in the upper (southern) lot. In addition, infra structure for electric vehicle charging stations and bicycle storage for tenants is proposed.

Pedestrian Access and Walkability
The proposed project includes pedestrian walkways and a parklet open to residents and the public, which connect to the existing sidewalks on Long and Moody Courts. There are several pedestrian entrances to the bui lding provided, including resident-only pedestrian access doors at the northern end of both street-facing façades, and the ma in lobby entrance accessed fro m the upper (southern) surface lot, off Long Court. In addition, ground fl oor units provide direct access to the sidewalk along both Moody and Long Courts via landscaped stoops.

The project is adjacent to and within walking distance of sever al commercial centers offering dining, retail, grocery, professional, and rec reation uses, thus reducing the potential number of vehicle trips from the project and reducing greenhouse gases.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

EVALUATION
Consistenc
y with General Plan and Zoning Designation
Per
SP 20, the subject property is zoned to allow “a minimum residential density of 10 dwelling units per net acre and a maximum density of 30 dwel lings per net acre” and adhere to Residential Planned Development (RPD) desig n standards.

The General Plan land use designation for the site, Commercial/ Residential, also has a maximum base density of 30 units per acre, therefore allo wing 54 units on the subject site (1.8 acres3 x 30 units per acre = 54 units). The project proposes a base unit count of 54 resident ial units (not including density bonus units, described below) and is therefore consistent with both the General Plan Land Use Element designation and the Zoning designation.

In addition, in order to comply with Measure E, an allocation o f Measure E residential capacity units to the project site must be initiated and approved by City Council. The Measure E allocation factors the overall size of the property multiplied by the General Plan land use designation (1.8 acres x 30 units per acre). On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General P lan to allocate 54 residential dwelling units from citywide Measure E residenti al capacity to the Commercial/Residential site, in accordance with SP 20 and Munic ipal Code requirements. City Council also allowed concurrent processing o f entitlement applications with legislative actions for this project (2021-70 182-LU and 2021- 70181-RCA). The proposal complies with Measure E and SP 20, sub ject to City Council approval of the General Plan Land Use amendment.

As specified within the draft DAGR (Attachment #6), if the Owner fails to obtain building permits within the term of the DAGR (June 30, 2027), t he DAGR terminates and “all reservations or allocations of market-rate Measure E units shall revert to the City’s Measur e E capacity.” At that point the applicant would lose all rights to the allocated Measure E units and the units will be returned to the Measure E capacity, which would add 54 units to the remaini ng 55 units in the Measure E “pool”, and the project would not be able to be constructed.

Density Bonus and Affordable Housing
As
described above, the maximum base density for this project w ithout a density bonus is 54 dwelling units. In addition, the applicant is proposing eleven (11%) 3 The gross and net area of the subject property is 1.8 acres. N et area is normally calculated by deducting private streets from the gross area however in this case, there are no private streets.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

percent or six (6) of the 54 units be affordable at the “very-low” income level. This qualifies the project for a thir ty-five (35%) percent density b onus in accordance with the State of California density bonus criteria, which allo ws the applicant to add up to 19 more dwelling units, for a total of 73 units 4. Table 1, below, provides the proposed unit mix.

Table 3 – Unit Mix
Unit Type Number of
Units
Percentage of
Total Units
Affordable
Units
Average Sq.

Ft.

Live/Work 3 4.1% 0 1,300
1-Bedroom 31 42.5% 3 (+1 per DA) 697
2-Bedroom 39 53.4% 3 (+1 per DA) 1,018
TOTAL 73 6 (8 per DA) 893

In addition, the applicant has agreed to provide two additional moderate-income restricted units, for an overa ll total of 8 affordable units, t wo above the minimum amount to qualify for the 11% dens ity bonus. The remainder of t he units will be offered at market-rate which is considered to be the “Above Mod erate” income level. Once building permits are issued for the development, ea ch unit will count towards the City’s 6
th Regional Housing Needs Assessment (RHNA) cycle,
ending in 2029, as shown in Table 2 below.

Table 2: 6
th Regional Housing Needs Assessment

Income Categories
Very Low Low Moderate Above Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621

The “very-low” income level is defined as households with incom es at, or below, fifty (50%) percent of the Area M edian Income (AMI) for Ventura County while the “moderate” income level means households with incomes at, o r below, 120% of the County AMI, as establish ed by the State Department of Ho using and Community Development. For exampl e, for a 2-person household, t he current maximum “very-low” income limit is $50,200 per year (see Table 2).

4 Project Density Bonus Formula: 54 base density dwelling units* 0.35 = 18.9, rounded up = 19 dwelling units. 54+19 = 73 dwelling units allowed. Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Table 2: 2022 Ventura County Income Limits

An affordable housing agreement would establish the specific requirements to be included in the Covenant including a) that the eight affordable units are dispersed throughout the project; b) affordability level be set a very-lo w-income level for six units and a moderate-income level for two units, and c) that th e affordable units shall have the same standard feat ures and amenities provided to market rate units of the same type.

The restricted-income covenants are required by state law to be in effect for 55 years. However, to provide greater public benefit for the City, staff has negotiated with the applicant to increase t he restricted-income covenant t o 70 years as part of the DAGR.

Concessions
Per California Government Code Section 65915(d)(2)(B), the appl icant is also entitled to two incentives, or concessions, for this project si nce the applicant is providing at least 10% of the total units to very-low-income ho useholds. The two requested concessions include:
1) A twenty-five (25%) to forty-six (46%) percent reduction of the 100 square foot minimum private open space area requirement for fif ty- seven (57%) percent of units.
2) An increase from thirty-five (35%) percent maximum structure coverage to fifty-four (54%) percent

Each concession is discussed later in this report, in the priva te open space and space allocation sections, respectively.

Annual
Income
1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely
Low
(15%)
$ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely
Low
(30%)
$ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low
(50%)
$ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower
(80%)
$ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124, 450 $ 132,500 Median
(100%)
$ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143 ,100 $ 152,350 Moderate
(120%)
$ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 17 1,750 $ 182,800 SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Waivers
Per State Density Bonus Law (Go vernment Code Section Gov. Code § 65915 et seq), if any other city or count y development standard would ph ysically prevent the project from being built at the permitted density and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. A request for a modification or waiver of a development standard does not increase or dec rease the number of incentives allowed. As such, the applicant has requested the following waivers:
1) A removal of the increased front yard setback required for below ground parking structures;
2) A removal of the increased r ear yard setback required for be low ground parking structures;
3) A three (3’) foot reduction of the eight (8’) foot wide mini mum sidewalk requirement on Long Court;
4) Trash enclosures within the parking structure.

These requests are discussed in further detail in the Setbacks and Trash Collection sections of this report.

Parking Reduction Request
In addition, pursuant to Density Bonus Law, state Government Co de Section 65915(p), the parking ratios are required for multi-family apar tment buildings are one (1) parking space per one-bedroom unit and one and a half ( 1.5) parking spaces for a two-bedroom unit. Government Code Section 65915(p) does not require guest parking. If desired, the applicant could have req uested this allowance and proposed as few as 94 parking spaces however, as discussed in more detail below, the applicant has not made this request, and is providing thirteen more parking spaces required by SP 20.

Building Form and Architectural Style
There
are several design criteria included in the Thousand Oaks Municipal Code and SP 20 which encourage or require, for example, units orient ed toward the street, varied architectural st yles, and integration of parking garages into the overall design of the project. The proposed architectural desig n incorporates these guidelines by including direct pedestrian access to groun d floor dwelling units wherever possible and incorporating a variety of building material types and details, providing visual inter est and integrating the above-gr ound portions of the SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

garage and accessory structures to provide cohesive design thro ughout the project site. In addition, the basement parking structure complies with the design guidelines and standards contained within TOMC Section 9-2405.5 (a)(2) as the exposed elevations of the parking garage are obscured from view by the proposed live/work units and clad with stone veneer and landsca ping when facing the street to remain architecturally compatible with the rest of the building.

The project is within an urbanized area, with transportation an d utility infrastructure in place. Development surrounding the site varies from one to three stories, with ground elevations r ising from north to south. Arc hitecturally, the proposed building design, scale, materials and landscaping comp lement existing uses. The color palette of browns and grays mimic the colors us ed in the surrounding area. Residential uni ts and roof-top decks face the street on either side, with the surface lots pro viding extended setback area bet ween the proposed development and the existing adjacent properties. The greatest façade setbacks are proposed on the northside, adjacent to the daycare , to provide over 160 feet of space between each structure.

The existing building is two stories, and the rooftop is visibl e from the highway.

As such, the property is visible from the 101 Freeway, and Resolution No. 91-172 “101 Freeway Design Guidelines ” applies. Although there are no public viewsheds or corridors to be protected, such as views of distan t natural features, open space, public parks, lakes, designated protected ridgeline s, and any other designated types of scenic resource, the project has been desig ned to be sensitive to the existing topogr aphy and proximity to the highw ay. For example, protective screening of roof mount ed mechanical equipment has b een integrated into the building’s overall des ign of wall and roof components and the setback to the building adjacent to the fr eeway is increased to allow for reduced visual impact.

Staff considers the architectural design to meet the intent of the design standards and guidelines provided in SP 20, the City’s Precise Plan of De sign standards, and the Freeway Corridor Guidelines by using unified design ele ments throughout the development and designing the site in a way that is compatible with the surrounding uses.

Space Allocation

Section 9-4.904(f) of the Munici pal Code provides a space alloc ation formula to be used as a guideline in evaluating the site plan for any resi dential project for which the Residential Planned Development (RPD) zone development standards SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

apply. For high density residentia l projects, the guidelines an d proposed allocation, are as shown in Table 4.

The applicant is requesting an affordable housing concession fo r the amount of structure coverage from 35% to 54%. All other areas generally c omply with the space allocation guidelines, as seen on Sheet A1-3 of the proje ct plans, dated February 27, 2023. Due to the sit e constraints and number of u nits provided, staff understands that the applicant needs the concession as th e structure coverage exceeds the amount stated in the guidelines.

Table 4: RPD Space Allocation Analysis
Subject Guidelines Project
Structure Coverage 35% 54% Concession Requested
Paved Areas 25% 21.7% Compliant
Open Space 35% 35.3% Compliant

In addition, per SP 20, three per cent of the building footprint must be dedicated to public open space. The project exceeds this requirement by m ore than 350%, providing 4,500 square feet (s.f. ) of public green space, playg round, and walking area in the northeast corner of the property.

Building Height

SP 20 allows buildings up to thr ee stories with a 50’ maximum a verage height, unless a waiver is approved by Planning Commission or City Coun cil. Except for the courtyard area, which is lo wer, the proposed building is tw o to three stories above the parking garage. As t he garage qualifies as a basement parking structure, no part of the struct ure count towards the height of the overall maximum building height per Sec tion Sec. 9-4.2405.5(a)(3)(v)(aa ). The average height of the structure is 33.79’ and maximum height of the bui lding is 50’ at the northern façade. Therefore, the building height complies with the requirements of SP 20.

Setbacks

SP 20 includes the following setback requirements:
 That the required front yard set back is ten (10’) feet of land scaped setback area, measured from the inside of the sidewalk easement , for side street parcels not adjacent to Thousand Oaks Boulevard;  That the required side yard set back is a minimum 4’ landscaped setback when parking is proposed (otherwise 0’ setback);
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

 That the required rear yard setbacks is 10’;
 That there is a required 8’ set back sidewalk (measured from th e curb) when the project is facing an adjacent public street which is not Thousand Oaks Blvd; and
 That the average setback of a third story be recessed from the front building façade a minimum of 10’ as measured from the first bui lding façade.

Table 5: Setbacks Required by SP 20
Yard Adjacent
Street/ Use Required Provided Third
Floor
Front
(West) Long Court
8’ sidewalk +
10’ landscaped yard+
avg. 10’ at third floor
11’ 8” (with 5’
sidewalk)
Waiver
Requested
Avg. 10’
Rear
(East) Moody Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
10’ (with 8’
sidewalk) Avg. 10’
Side
(North) Daycare/Vacant 4’ 54’ (at
daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A
The
Long Court (west) side is considered to be the front yard, as that is where the parking entrances are, and M oody Court (east) side is consi dered to be the rear yard. The property lines adj acent to other parcels (to the north and south) are treated as interior side yard s. However, as the proposed pr oject fronts two streets, Long Court and Moody Court, both street frontages need to comply with the third story average 10-foot setback and sidewalk requirement. As shown in Table 5, the proposed project com plies with all required front, rear and side yard setbacks as well as the average third floor setback requirement as the west and east façades facing Long and Moody Courts incorporate roof deck s, balconies, and a step back, as seen on sheet A1-6 of the project plans, da ted February 27, 2023.

The proposed project meets the required sidewalk requirement al ong Moody Court; however, the applicant is requesting a waiver of the sidewalk requirement along Long Court so that the existing five-foot sidewalk is ret ained but not expanded. Staff recommends the approval of this request as the 3’ addition to the existing 5’ wide sidewalk would increase the concrete hards cape and reduce the landscaping buffer area proposed along the building facade. In addition, Long Court itself is at the end of a c ul-de-sac at the top of a fair ly steep roadway, and SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

the sidewalk at this location woul d primarily serve this projec t rather than the existing commercial uses. However, in order to retain the optio n to expand the sidewalk in the future, City staff have negotiated with the applicant to include a 3’ easement along Long Court as part of the DAGR (Attachment #6). With the acceptance of the waiver, the project meets all setbacks required by SP 20.

In addition, per TOMC Sec. 9-4 .2405.5(a)(3)(iii), below-grade p arking structures require increased setbacks for the front, rear, and side yards. The applicant is requesting that the 5-foot increased setbacks for the front and rear yards be waived. Staff supports this waiver request as similar increased setbacks are not normally required for residential projects with above-ground pa rking structures and a decreased setback allows for more direct pedestrian acces s to the ground floor dwelling units.

Access and Traffic

As conditioned, all accessways meet the minimum design standard s of the TOMC and Ventura County Fire Prevention District minimum standa rds. Traffic from the project is estimated to result in an average of 29 tri ps during the P.M.

Peak hours (Attachment #8). Standard City practice for requiring a Traffic Impact Study and City Policy for requiring a Vehicle Miles Traveled (V MT) analysis is when a project is expected to generate an additional 100 PM tri ps over the current land use. Since the pr oposed project net increase in PM Peak hour trips is 29 trips, neither a traffic impact study nor a VMT analysis is not required.

Parking

SP 20 requires one and a quarter (1.25) parking spaces per one- bedroom unit, and one and three-quarters (1.75) parking spaces per unit with two or more bedrooms. Guest parking is not required within SP 20. In addition, per SP 20, on- street parking spaces immediately adjacent to and on the same s ide of the street of a property may be counted towa rd meeting the off-street park ing requirement for that property. Each parallel parking space to be counted to wards such credit must be at least 24 feet long.

Table 6: Parking Supply and Demand
Parking
Categories
Parking Ratio
Required by SP 20 # of Units Parking
Required
Parking
Provided
1 Bedroom 1.25 space/unit 31 38.75 2 Bedroom 1.75 spaces/unit 42 73.5 Total 112.25 (113) 126
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Therefore, as seen in Table 6, with 31 one-bedroom units and 42 u n i t s t w o - bedroom units, the project must provide a minimum of 113 parkin g spaces

5. The
applicant is proposing 13 more spaces than required: 126 total parking spaces. 68 are provided in the proposed basement parking structure, as allowed by Section 9-2405.5(a)(2)(ii), 11 ar e parallel on-street parking s paces, 47 are within the two surfaces lots. These include six (6) standard tandem spaces6, twenty-one (21) EV-Ready spaces, and five (5) Americans with Disabilities Act (ADA) spaces.

Based on Section 9-4.2404(d)(1)(i) of the Municipal Code, a max imum of 35% of the parking spaces may be compact size. Eighteen (18) compact parking spaces, or fourteen (14%) percent of the total are provided, in complia nce with the Code standards. All parking space dimens ions, and driveway widths me et the TOMC and ADA minimum requirements.

Trash Collection

The applicant is proposing a tras h enclosure within the northwe st and southeast corners of the parking structure. Per 9-4.2405.5(f)(6) “No load ing/unloading activities, trash enclosures or recycling bins shall be permitt ed within a parking structure. These activities shall be designed and provided for separately, within the site, to serve the proposed project.” However, staff unders tands this section of the code to be outdated as new r efuse collection vehicle typ es allow for the storage of waste containers within the parking structure. As such, the applicant is requesting a waiver from this standard. Per suggested Condition No. 121, the applicant is required to receive approval from the trash manage ment company for the design and placement of the trash containers and bulky item pick up area prior to the issuance of building permits.

Private Open Space

Section 9-4.904(e)(5) of the M unicipal Code requires that all a partment units have a minimum private patio or balcony area of 100 s.f., with a minimum depth of 7’ and with direct access to and from the unit. As depicted on Sheet A1-4 of the project plans, dated February 27, 2023, all units include a private balcony or

5 1.25 parking spaces x 31 one-bedroom units = 38.75 parking spa ces. 1.75 parking spaces x 42 two-bedroom units (including the Live/Work units) = 73.5 parkin g spaces. 38.75 + 73.5 = 112.25, rounded up to 113 required parking spaces.
6 The City has approved tandem parking for apartment buildings i n the past when conditions of approval require the tandem spaces to be assigned to each resid ential dwelling unit to eliminate any parking conflicts. Condition No. 45 requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

terrace have a minimum width of 7’ however, 12 two-bedroom units are proposed to have only 75 s.f. of privat e balcony area, 19 one-bedroom un its are proposed to only have 57 s.f. of privat e balcony area, and 12 two-bedroo m units are proposed to have only 55 s.f. of private balcony area. As such, the applicant is utilizing a concession under the State density bonus law to pro vide relief from this requirement.

Although the concession request is for 25 to 45 percent reducti on of the required private open space for 57 percent of the units it should be not ed that the project provides a variety of common open spaces, including the courtya rd, walking and playground area, and three roo ftop decks. In addition, three of t h e p r i v a t e balcony and patio spaces meet the 100 s.f. requirement, and 27 others exceed the requirement. Half of the affordable units have balconies me eting or exceeding the 100 square foot requirement.

Landscaping

A conceptual landscape plan has been prepared to illustrate the proposed landscaping for the project. If the project is approved, a form al landscape plan will be required, and technical evaluation of that plan will be provided through a Landscape Plan Check process to further ensure compliance with the City’s landscape and irrigation standards.

As proposed, the project complies with TOMC requirements for th e required landscape areas including that ten percent (10%) of open parkin g and driveway areas be landscaped. Setback ar eas required to be landscaped, r equired perimeter property line landsca ping, and landscape planters loc ated adjacent to structures shall not serve to satisfy this requirement. In addi tion, in line with Precise Plan of Design Guidelines , substantial landscape treatm ent to create a comfortable living environment and soften visual impact of stru ctures while ameliorating adverse off-site views has been incorporated into the project. The project provides landscape buffers around the majority of both the north and south surface parking areas and exceeds the amount of landscaping required.

As seen in Table 7, the total surface parking and driveway area receiving landscape treatment is about 2,614 s.f.
7 of 17,166 total paved area (19%), which
exceeds the Municipal Code requir ement for minimum parking area landscape coverage of 10% coverage, incl uding an additional 25 s.f. for e ach compact space (Sec. 9-4.2404 required per TOMC).

7 542 s.f. (northern lot) + 2,031 s.f. (southern lot) + 41 (driv eway) = 2,614 s.f. of landscaped area provided, not including setback areas.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Table 7: Landscape Coverage Requirements
Landscaped Area
Requirement Project-Specific Requirement Landscaped Area Provided
10% of Paved Area 17,166 s.f. Paved Area*0.1 =
1,716.6 s.f.
2,614 s.f. 25 s.f. per compact space 25 s.f. x 18 spaces = 450 s.f.

Total 2,167 s.f.

Section 9-2405.5(a)(3)(iv) requires that the perimeter of any v isible portion of the below-grade parking structure s hall be provided with a landscap e planter of at least five (5') feet in width at ground level. The project meets this requirement.

Grading

Proposed grading quantities include 10,000 cubic yards (c.y.) o f cut and 1,000 c.y. of fill, with an export about 9,000 c.y. Using a capacity of 14 c.y. per truck, it is estimated that 642 truck trips will be necessary to haul away the cut material. If approved, the applicant will be required to provide a haul rout e and management plan to the Public Works Department for review and approval pri or to commencing grading activities pursuant to Condition No.11. Grad ing activities do not involve impacts to 25% or greater natural terrain.

Protected Trees

The proposed project area contains thirty (30) protected trees, per the applicant’s Oak & Landmark Tree Report, dated No vember 3, 2022 (Attachment #9). This report evaluated the health of eac h tree and the extent of the impacts resulting from project activities. The pr oposed project, as designed, re quires removal of one (1) coast live oak and three (3) California sycamore trees, as well as encroachment within the protect ed zone of twenty-two (22) oak a nd two (2) California sycamore trees (see Table 8).

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Table 8 - Protected Trees On or Near the Project Site
Tree No. Common Name Trunk Diameter Health Appearance8
Retain and Protect
QA-19 Coast Live oak 4” and 8” Excellent A
OP-2 Coast Live oak 7.5” Excellent A
Removal
QA-5 Coast Live oak 10.9” Good A
PR-B Sycamore 16.2” and 17.9” Fai r B
PR-C S ycamore 20.7” Fai r D
PR-D S ycamore 15.1” Fai r C
Pruning/Encroachment
QA-1 Coast Live oak 5.5” Excellent B
QL-2 Valle y oak 27.65” Excellent A
QA-3 Coast Live oak 4” and 4.5” Excellent B
4 Not Used - - -
QA-6 Coast Live oak 2” and 3.5” Excellent C
QA-7 Coast Live oak 3” Good B
QA-8 Coast Live oak 2.25” Good B
QA-9 Coast Live oak 2” Good B
QA-10 Coast Live oak 5” Good A
QA-11 Coast Live oak 6.5” Good A
QA-12 Coast Live oak 2.5” Good A
QA-13 Coast Live oak 2” Good A
QA-14 Coast Live oak 2.5” Excellent A
QA-15 Holl y oak 2.5” Fai r A
QA-16 Holl y oak 12” Excellent A
QA-17 Holl y oak 9” Fai r A
QA-18 Coast Live oak 3.5” Excellent B
QA-20 Holl y oak 7.5” Good C
QA-21 Coast Live oak 1” and 4.5” Excellent B
QA-22 Coast Live oak 2.25” Excellent C
PR-A S ycamore 16” Fai r A
PR-E S ycamore 17” Good A
OP-1 Coast Live oak 1”,1.5”,1.5”and2.5” Excellent B
OP-3 Coast Live oak 7.5” Excellent B
OP-4 Coast Live oak 8” Excellent B

8 A= This tree is symmetrical, having the ideal form and appearance for the species, B= This tree, though non-symmetrical, has an appealing form with very little dieback, C=This tree is non- symmetrical with an unappealing form and/or has much dieback, D = this tree has few, if any positive characteristics
SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

Figure 5 – Impacts to Protected Trees

Source: Oak Tree Report dated November 3, 2022

The tree impacts are necessary to allow site preparation and grading activities for the proposed residences and associated site improvements. Figur e 5 demonstrates the development areas and tree locations affected by the proposed SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

construction activities. The site boundary is shown in bold das hed lines, the trees requested to be removed are outlined in red, and the trees to b e encroached upon are outlined in blue.

With the inclusion of the recommended conditions, approval of t he proposed project will not be contrary to, or be in conflict with, the ge neral purpose and intent of the Oak Tree Ordinance (Article 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution Num ber 2010-14, as well as the Landmark Tree Pres ervation and Protection Ordina nce (Article 43 of Title 9 of the Municipal Code) . As described above, each pro tected tree to be removed will be replaced at a 3:1 ratio with a tree of the same species. The quantity and size are as follows:
 Two, twenty-four (24”) in ch box specimens, and
 One, thirty-six (36”) inch box specimens.

For those trees unable to be located on site the applicant shal l compensate for the removal of the tree by prov iding the dollar value, per the formula included as part of proposed Condition No. 63, as a cash donation to Conejo Open Space Conservation Fund to be used toward open space land acquisition.

Lastly, a City oak tree consulta nt reviewed the applicant’s oak tree report and visited the site. The consultant concluded that, with the inclu sion of the suggested conditions, including appropriate work methods and mo nitoring, that the proposed encroachments will not have a negative effect on t he health of trees.

Development Agreement

A DAGR is required for approval of projects that receive alloca tion of Measure E units (Attachment #6). This agr eement is a contract between the property owner and the City to ensure specific deliverables and site expectati ons are in place to ensure public benefit, such as the inclusion of affordable unit s and site improvements. Thousand Oaks Munici pal Code Section 9-11.01 et s eq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an ag reement in compliance with the Municipal Code that identifies public and private benefits and responsibilities.

The DAGR lists various obligat ions and benefits received by the parties in the Agreement. If the project is approved and constructed as propos ed, the City will have 65 market-rate, 6 low-income restricted affordable, and 2 moderate-income restricted affordable units to add to its residential stock and count towards the SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

current RHNA requirements from t he State, as well as the demoli tion of an ageing commercial site, and pub licly accessible open space incl uding a small playground.

The applicant is also agreeing to extend the affordability cove nant for all income- restricted units from 55 to 70 y ears and provide a three-foot e asement along Long Court to provide a potential total sidewalk width of eight feet. In return for these public benefits, the applican t receives the General Plan Amendment and the requisite Measure E unit allocation required to build the m ulti-family apartment development as well as t he ability to defer payment o f City Development Fees for a period of twenty-four (24) months, with a possible six (6) month extension. Addit ional points of this Development Agreemen t include timelines for the construction and an outline of the project’s green initiatives.

ENVIRONMENTAL REVIEW:

The project has been reviewed in conformance with the provision s of the California Environmental Quality Act. The project qualifies for a Class 32 (Section 15332) Categorical Exemption under t he California Environmental Quality Act.

Class 32 consists of in-fill projects within city limits on a p roject site of no more than 5 acres that is substantially surrounded by urban uses, ha s no value as habitat for endangered, rare or threatened species, would not r esult in any significant effects relating to traffic, noise, air quality, or water quality and can be adequately served by all required utilities and public services. Furthermore, it has been determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

In addition, the General Plan Amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines, as “…CEQA applies only to projects, which have the potential for causing a significa nt impact on the environment. Where it can be seen with certainty that there is no possibility that the activ ity in question may have a significant effect on the environment, the activity is n ot subject to CEQA.” In this case “the activity” is simply assigning available resid ential capacity to this specific parcel, which already all ows residential uses per SP 2 0 and its General Plan Land Use designation, which is Commercial/ Residential. Th e act of assigning these units itself would not have an environmental im pact as the General Plan overall anticipates residential capacity.

CORRESPONDENCE

To date, staff has not received any public correspondence in re sponse to the project.

SJG Long Investment (2021- 70182-LU, 2022-70269-DP, 2022-70535-PTP, and 2022- 70822-DAGR)
March 27, 2023

CONCLUSION:

The proposed project has been designed to meet the intent of th e City’s standards, codes, and policies. The proposed building design an d site layout integrates well with surrounding development and has a cohesive architectural design meeting the City’s Architectural Design Guidelines. Based on the analysis and findings contained in this report, staff recommends approva l of this project, subject to the conditions of approval in the attached Ordinance s and Resolutions (Attachments #4 and #5).

Prepared By: Justine Kendall, Associate Planner

Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution
Attachment #5 – 2022-70822-DAGR Ordinance
Attachment #6 – Draft Developm ent Agreement (Exhibit A of 2022 70822-DAGR Ordinance)
Attachment #7 – Project Pla ns, dated February 27, 2023 Attachment #8 – Traffic Study, dated July 11, 2022
Attachment #9 – Oak & Landmark Tree Report, dated November 3, 2022

cdd:420-82/H:COMMON/Planning Commission/Agenda Packet/2023/2023-03-27/88 Long Court/07A Long Court 2022- 70269 Staff Report.docx/pz (FILE ID: 2022-70269-DP)

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cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. _____PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING CITY COUNCIL DETERMINE

THAT THE PROJECT IS CATEGORICALLY EXEMPT

FROM CEQA AND APPROVE A GENERAL PLAN
AMENDMENT; DEVELOPMENT PERMIT;
PROTECTED TREE PERMIT; AND DEVELOPEMNT

AGREEMENT FOR THE USE OF CERTAIN

PROPERTY WITHIN SAID CITY
Applications. General Plan Am endment 2021-70182-LU; Development Permit 2022-70269-DP; Protected Tr ee Permit 2022-70535-PTP; and Development Agreement 2022-70822-DAGR
Applicant: SJG Long Investment
Location: 88 Long Cour t (APN # 669-0-202-260)
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

WHEREAS, the applicant has filed with the City an application under the provisions of the City of Thousand Oaks Municipal Code requesti ng the following:

1. To find that the project qualifies for a Categorical Exempti on under the California Environmental Quality Act (CEQA).

2. 2021-70182-LU: To conditional ly assign the permanent alloca tion of 54 dwelling units of citywide Measure E capacity to the project si te, which is located within the Thousand Oaks Boulevard Specific Plan (SP 20).

3. 2022-70269-DP: To allow the dem olition of the existing comm ercial development and the construction of a 73-unit apartment project with a density bonus, including eight (8) affordable units and three ( 3) live/work units, consisting of one building, and a basement parking struc ture.

Applicant is requesting concessi ons through the State density b onus to allow the following:

ATTACHMENT #4
(To the PC Staff Report of 3/27/2023)
cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

a) A twenty-five (25%) to forty-six (46%) percent reduction of the 100 square
foot minimum private open space area requirement for fif ty- seven (57%) percent of units.
b) An increase from thirty-five (35%) percent maximum building coverage to fifty-four (54%) percent.

And waivers to allow:
a) A removal of the increased front yard setback required for below ground parking structures;
b) A removal of the increased re ar yard setback required for be low ground parking structures;
c) A three (3’) foot reduction of the eight (8’) foot wide mini mum sidewalk requirement on Long Court;
d) Trash enclosures within the parking structure.

4. 2022-70535-PTP: To allow the removal of one (1) coast live oak (Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees; and encroachment within the protected zones of twenty-four (24) trees.

5. 2022-70822-DAGR: To specify public and private benefits, par ty responsibilities, and other terms related to the proposal, including allocation of 55 units of citywide residential capacity to the project.

WHEREAS, on July 22, 2022, a Not ice of Application was mailed to all property owners and occupants within a 500-foot radius of the s ubject property; and
WHEREAS, on July 22, 2022, a Not ice of Application sign was pos ted on the subject property; and
WHEREAS, on March 13, 2023, Notice of Planning Commission Publi c Hearing was mailed to all property owners of record within a 500- foot radius of the subject site; and
WHEREAS, on March 13, 2023, Notice of Planning Commission Publi c Hearing was published in a newspaper of general circulation wit hin the City of Thousand Oaks; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 27 th day of March 2023, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the March 27, 2023, Planning Commission public hear ing, oral and written evidence, incl uding a staff report, were prese nted and received, and comments and arguments were heard from all interested parties appearing in the matter.
cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

SECTION 2
WHEREAS, the finding of the Pl anning Commission recommending approval of said 2021-70182-LU is as follows:

1. The amendment is consistent with the goals and policies of t he Thousand Oaks General Plan, since the proposed allocation of residential units under Measure E is consistent with t he “Commercial/Residential” land use designation under the General Plan for the subject property.

2. The amendment is consistent with Measure E (Municipal Code Sec. 9-2.203 and Sec. 9-2.204) because it will not increase the citywide res idential or commercial capacity above that which existed on November 5, 1996, when Measure E was adopted.

3. The project has been reviewed in conformance with the provis ions of the California Environmental Quality Act (CEQA). The project was analyzed for conformance with the California En vironmental Quality Act (CEQA ). It has been determined that the proposed project is categorically exempt from the provisions of CEQA pursuant to Class 32 Section 15332 – Infill Development, which consists of an urban infill development project that is less than five (5) acres in size and meets the other requirements of CEQA Guidelines Section 15332 including that the project site has no value as habitat for endangered, rare or threatened species, there is ex isting street access, and is served by all requi red utilities and public services. The Community Development Department has further determined that no ne of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

4. In addition, the General Pl an Amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines, as “…CEQA applies only to projects, which have the potential for causing a significant impact on th e environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” In this case “the activity” is simply assigning available residential capacity to this specific parcel, which already allows residential uses per SP- 20 and its General Plan Land Use designation, which is Commercial/ Residential. The act of assig ning these units itself would not have an environmental impact as the Gene ral Plan overall anticipates residential capacity.
cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

SECTION 3
WHEREAS, the findings of the Planning Commission recommending approval of said 2022-70269-DP are as follows:

1. The design of the new 73-unit mu lti-family residential complex complies with all applicable laws, regulations, and policies, including Specific Plan No. 20, 101 Freeway Design Guidelines (Res. No. 1991-172), and Precise Plan of Design Guidelines (Res. No. 2006-108). The proposed buildings a re comparable in massing and scale with other similar buildings wi thin the vicinity of the subject property and incorporates enhanced arch itectural design, including vertical and horizontal design elements and d ecorative material finishes and colors.

2. The project is consistent wit h the Thousand Oaks General Plan and SP 20. a. The multi-family apartment pro ject meets the purpose of SP 2 0 in that it creates a pedestrian-oriented and interactive environment with ground floor units which provide access directly to the sidewalks and walkways as well as publicly accessible open space including a small playground.
b. Along with the companion land use amendment to the General P lan to allocate 54 dwelling units of the citywide Measure E capacit y to the subject property, the multif amily apartment project is cons istent with all Elements of the Thousand Oaks General Plan.
c. The project is consistent wit h all applicable Elements of th e Thousand Oaks General Plan, i ncluding the Land Use Element designation of “Commercial/Resi dential” and with the General Pl an goal, “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”

3. The project complies with SP 20 which allows for a maximum height of three stories and a maximum average hei ght of 50 feet as the building i s a maximum of three stories above the basement parking structure a nd an average height of approximately 34 feet.

4. The project will be consistent with the housing element by providing rental housing in the form of six very low-income affordable units and t w o moderate-income affordable units.
cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

5. The project is consistent with the City’s Architectural Guidelines as conditioned in that the project design provides for vertical an d horizontal building articulation and a variety of colors/materials.

6. The project is consistent wit h all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code, with the approval o f concessions including a reduction in the amount of required use able open space for individual apartment units and increase in the propor tion of total structural lot coverage, as well as waiver requests for the front and rear yard basement parking structure setbacks, sidewalk width reduction, and trash facilities within the parking garage.

7. The project will not be detrimental to public health, safety , or general welfare because the project has been reviewed and recommended for approval by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD), and in compliance with the Californi a Environmental Quality Act (CE QA). With the incorporation of the conditi ons set forth by these departments and agencies, the project will not be detrimental to public health, s a f e t y , o r general welfare.

8. The proposed multi-family res idential development is compati ble with the surrounding land uses in the vicinity because it is located wit hin an urbanized setting with establish ed infrastructure and nearby co mparable uses.

9. The project was analyzed for conformance with the California Environmental Quality Act (CEQ A). It has been determined that t he proposed project is categorically exempt from the provisions of C E Q A pursuant to Class 32 Section 15332 – Infill Development, which consists of an urban infill development project that is less than five (5) acres in size and meets the other requirements of CEQA Guidelines Section 15332 including that the project site has no value as habitat for endangered, r are or threatened species, there is exi sting street access, and is ser ved by all required utilities and public ser vices. The Community Developme nt Department has further determi ned that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

SECTION 4

WHEREAS,
the findings of the Pl anning Commission recommending
approval of said 2022-70535-PTP are as follows:
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1. Approval is consistent with t he intent of the Oak Tree Prese rvation and Protection Ordinance since the proposed removal of one (1) coast live oak (Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees will be replaced in acco rdance with standards adopted by the Oak Tree Preservation and Protection Guidelines Resolution 2010-14.

2. The project is consistent with the Thousand Oaks General Pla n, including the Conservation Element, in that conditions have been applied to the minimize impacts from encroachment within the protected zone of t h e twenty-two (22) protected oak trees and two (2) California sycamore trees.

With the inclusion of conditions, the proposed encroachment wit hin the trees’ protected zone is not likely to result in a decline in t he health of the trees.

3. Removal of the one (1) coast live oak and three (3) Californ ia sycamore trees as well as the encroachment within the protected zone of twenty-two (22) oak and two (2) sycamore trees is necessary to accommodate proposed improvements and grading activities associated with construction of the new multi-family residential building.

4. A City Tree Consultant inspected the affected trees and dete rmined that the proposed encroachment will not be detrimental to the health of the subject oak and landmark trees. Appropriate project conditions are in place to safeguard the oak and landmark tr ees, including installation of fencing around the protected zones and on- site monitoring by the applic ant’s consultant during all encroachment and pruning operations.

5. Each protected tree to be removed must be replaced with three (3) trees (two 24-inch and one 36-inch box-sized trees) of the same speci es. The three required replacement coast live oak trees and six of the required replacement sycamore trees are to be planted on-site per the pr oposed landscape plan. Any required replac ement trees not able to be p laced on- site would be mitigated with an in -lieu fee provided to the Con ejo Open Space Conservation fund used toward acquisition of open space

6. With the inclusion of the re commended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Article 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution Num ber 2010-14, as well as the Landmark Tr ee Preservation and Protecti on Ordinance (Article 43 of Title 9 of the Municipal Code).

7. The Protected Tree Permit request has been reviewed in confo rmance with the provisions of the California Environmental Quality Act. The project has been reviewed in conformance with the provisions of the Califor nia Environmental
Quality Act (CEQA). The project was analyzed for
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conformance with the California En vironmental Quality Act (CEQA ). It has been determined that the proposed project is categorically exempt from the provisions of CEQA pursuant to Class 32 Section 15332 – Infill Development, which consists of an urban infill development project that is less than five (5) acres in size and meets the other requirements of CEQA Guidelines Section 15332 including that the project site has no value as habitat for endangered, rare or threatened species, there is ex isting street access, and is served by all requi red utilities and public services. The Community Development Department has further determined that no ne of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

SECTION 5

WHEREAS,
the findings of the Pl anning Commission supporting a
recommendation of approval of said 2022-70822-DAGR are as follows:

1. Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and SP 20;

2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. The Development Agreement is in conformity with public conve nience, general welfare and good land use practice;

4. Approval will not be detrimental to the health, safety and g eneral welfare; and;

5. Approval will not adversely affect the orderly development of property or the preservation of property values.

NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the agenda report, and the findings of fact below, the Planning Commission recommends approval of said 2021-70182- LU; 2022-70269-DP; 2022-70535-PTP; a nd 2022-70822-DAGR, subject t o conformance with the conditions s et forth and attached hereto a nd made a part hereof. Except as otherwise expressly indicated, said condition s shall be fully performed and completed, or at the City’s discretion, shall be secured by bank or cash deposit or other security sa tisfactory to the City Attorne y before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit s hall be grounds for revocation by the City Council.

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I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 27th day of March 2023, by the following vote:

AYES: COMMISSIONERS

NOES: COMMISSIONERS

ABSENT: COMMISSIONERS

ABSTAIN: COMMISSIONERS

Sharon McMahon, Chair
Planning Commission

Stephen Kearns, Secretary
Planning Commission

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

COMMUNIT

Y DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land and Application – The General Plan Amendment; Development Permit; Protected Tree Permit; and Development Agreement are ad opted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated February 27, 2023, attachm ent to the Planning Commission staff report dated March 27, 2023.

2. Scope of Permit Approval – A General Plan Amendment to allocate 54 residential dwelling units of citywide Measure E residential ca pacity to the subject property within Thousand Oaks Boulevard Specific Plan ( Specific Plan No. 20); a Development Agreement specifying development performance; a Development Permit allowing the demolition of the existing commercial development and the construction of a 73-unit apartm ent project with a density bonus, including eight (8) affordable un its and three (3) live/work units, consisting of one building and a single-le vel semi- subterranean podium parking structure; a Protected Tree Permit to allow the removal of one (1) coast live oak ( Quercus agrifolia ) and three (3) California sycamore ( Platanus racemosa) trees; and encroachment within the protected zones of twenty-fo ur (24) trees, as shown on proj ect plans labeled “Project Plan Set,” dat ed February 27, 2023, and the Tree Report (November 3, 2022) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approval shall only be effective once the Development Agreement is in effect.

3. Approval Period – The above permits are granted for the period identified in Development Agreement 2022- 70822-DAGR and contingent on compliance with the terms set forth therein.

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

5. Project Changes/Modifications – Minor changes to 2022-70269-DP and 2022-70535-PTP may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Specific Plan, including all development standards, and, as applicable, the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

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

7. Compliance with Applicable Laws, Rules, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement 2022-70822-DAGR, the applicant shall at all times comply with any and all local, city, county, state an d federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the instal lation, operation or maintenance of the residential development.

8. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas service release. Copies of all required licenses shall be submitted 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 Mu nicipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 2022-70822-DAGR.

10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project develop ment conditions, the applicant i s advised, pursuant to Government Code Se ction 66020, that the ninety (90) d a y protest period commences upon the date of approval of 2022-70822-DP by the City.

11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with t he Community Development and Public Works Departments including, a pre construction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City de partment responsibilities associated with the project.

Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, o w n e r o r designated project coordinator, architect, project consultants, project landscape consultant general cont ractor and other representativ es 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 b een issued to commence work on the improvements, it is the applicant’s/owner’s respons ibility to diligently pursue completion per all conditions, requirements a nd as represented on the approved plans. Reasonable progress shall occur on a continual
basis until completion to the satisfaction of the Com munity Development Director. Work sha ll not be discontinued for a peri od

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

exceeding 30 days, without acceptabl e cause. The intent is to h ave the project completed in a timely fa shion to prevent a potential bl ight from partially completed construction.

13. Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with th e 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 work ers and vehicles shall not be permitted to park on off-site properties or congregate onsite before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

15. Approval Inclusion – The following shall apply:
 This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is subm itted to the Building Division . The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the p roject plans for which buildi ng permits are issued.
 All agreements, obligations, c onditions, development standards, and use allowances contained in Specific Plan 20 and Development Agreement 2022-70822-DAGR shall apply to this approval.

16. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of t h e development are of special concern to, and regulated by, the Ci ty of Thousand Oaks, which has establis hed criteria and standards con cerning development within the City. Any substantial change, modificati on, or alteration to the architectural design, or in the exterior trea tment of any building and structure, including building colors, materials, c hanges in walkways, doorway, window locations, or in the parking, landsca ping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future correctiv e work and result in a City Code violation and appropriate action.

17. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from an y claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City sub ject to, and to the extent set forth in, the De velopment Agreement 2022-70822-D AGR.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

The City shall promptly notify the applicant of any claim, acti on 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 property owner , or his duly authorized representative, and sha ll be returned to the Communi ty Development Department prior to the issuance of a building permit.

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

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incorporate the fo llowing 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 Covena nt shall require eight (8) unit s as affordable units. Two (2) units will be preserved at the modera te- income level of 120% of the Ventura County median income and six (6) will be preserved at the very-low-income level of 50% of th e Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these eigh t (8) restricted units for 70 years fr om the date the units initially become available for lease.

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

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

F. Affordable units should be dispersed throughout the developm ent in a manner acceptable to the City.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

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

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

20. Mitigation Measure Compliance – All applicable mitigation measures contained in Appendix C of the T housand Oaks Boulevard Specific Plan (SP 20, Amended August 2016) shall apply to this entitlement.

CULTURAL RESOURCES

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

22. Native American Heritage Commission – If human bone is discovered during geologic testing or during construction, work shall imme diately cease, and the procedures descr ibed in Section 7050.5 of the Ca lifornia Health and Safety Code shall be followed. Section 7050.5 requir es notification of the coroner. If the coroner determines that the remains are those of a Native American, t he applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described i n Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

23. Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities.

Should active nests be identified, a buffer area no less than 1 50 feet (300 feet for raptors) shall be fenc ed off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Development Department prior to ANY vegetation removal on site.

INCLUSIONARY HOUSING IN-LIEU FEE

24. Inclusionary Housing In-Lieu Fee – At the time of issuance of a building permit for each respective uni t, the applicant shall pay the re quired Inclusionary Housing In-Lieu Fee pursuant to Section 9-10.302(b ) and Section 9-10.306 of the Thousand Oaks Municipal Code.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2022-70269-DP

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

25. Direct Access from Unit Patios – All ground floor units on the first floor facing the southern parking lot must have direct access to the outside from the patio per plans, subject to approval by the Community Devel opment Department.

26. Setback standards – All development standards shall be satisfied to include the following per the submitted plan:

Development Standards - Setbacks
Adjacent
Street/ Use Required Provided Third
Floor
Front
(West) Long Court
8’ sidewalk +
10’ landscaped yard+
avg. 10’ at third floor
11’ 8” (with 5’
sidewalk)
Waiver
Requested
Avg.
10’
Rear
(East) Moody Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
10’ (with 8’
sidewalk)
Avg.
10’
Side
(North) Daycare/Vacant 4’ 54’ (at
daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A

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

28. Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated February 27, 2023 to the Planning Commission staff report dated March 27, 20 23, are approved in concept only. Prior to the issuance of a grading pe rmit, a final color and materials sample board, including, but not limited to , specific materials and paint manufacturer co lors, shall be submitted for the review and approval by the Community Development Department. The appli cant shall indicate the type of finish on the revised plans and materials and colors sample board.

29. Building Wall Treatment – The building walls shall incorporate architectural treatment to crea te a visually interesting appear ance as viewed from the surrounding properties and scenic corridors. The treatment shall include, but is not limited to, incorporating decorative finish materials,

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

vertical and horizontal variati on and decorative window trim. T he design shall comply with the building el evation plans as shown in the exhibits labeled “Project Plan Set,” date stamped February 27, 2023.

30. Building Height – Average building height shall comply with the 50-foot maximum average height specified by Specific Plan 20. In this c ase, the plans dated February 27, 2023, show a maximum average height of 34 feet.

31. Downspouts – The downspouts on the exterior of the buildings, within public view, shall be concealed within the building walls subje ct to the review and approval of the Community Development Department.

32. Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mec hanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set,” date sta mped February 27, 2023. Said equipm ent shall be screened from public view perspectives, including Thousand Oaks Boulevard, Moody Court, Long Court, and the 101 Freeway. In the event such equipment cannot be entirely screened from public view, the appl icant shall work with the Co mmunity Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equi pment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, fi nal detailed building section drawings and details including mechanical equi pment manufacturer's catalogue c u t s , brochures, specifications as we ll as roof equipment locations s hall be submitted for the review and approval by the Community Developm ent Department.

33. Surface-Mounted Mechanical Equipment – All surface-mounted mechanical equipment, including t ransformers, terminal boxes or m e t e r cabinets, shall be screened by land scaping or decorative enclos ure to match the materials and colors of the new building.

34. 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 Ci vil Engineer and submitted to t he Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachm ents labeled “Preliminary Grading Plan,” date stamped February 27, 2023, to the Planning Commission staff report dated March27, 2023.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

35. 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 s hall comply with an approved hau l route to and from the project site and shall coordinate the hauling of this material with the Public Works and Communi ty Development Departments to minimize traffic disruptions and disturbances to the project ar ea. The exporting and importing of any ear th materials to new sites wit hin the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commissi on unless such sites have prev iously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

36. 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.

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

38. Final Detailed Grading, Paving and Drainage Plan Submittal – Prior to issuance of a grading permit, a final detailed grading, paving and drainage plan demonstrating compliance wit h all imposed conditions of th is Development Permit shall be submitted for review and approval b y the Community Development and Public Works Departments.

39. City's Recycling Program – The project's owner shall participate in the City of Thousand Oaks recycling program, which collects cardboa rd, plastics, glass and mixed paper and shall attempt to use post-c onsumer building materials (recycled products) whenever possible in the construction of the project.

PARKING, ACCESS, AND DRIVEWAY

40. Required Parking – A minimum of 113 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped February 27, 2023.

The number of required parking spaces is based upon the parking requirements for multi-family res idential, as set forth by SP 2 0. All parking spaces and driveway aisles shall be designed in accordance with Section

9.4-2404 of the Municipal Code. On- site Electric Vehicle chargi ng parking spaces can be included in the re quired parking count of the pro ject. Minor changes to the parking may be permitted so long as the project complies with the parking standards contai ned in the Specific Plan. Any m i n o r change to parking or future devel opment on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

41. 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 S ection 9-4.2404(d)(3). No over hang compact parking space shall be permitted within five feet (5-fe et) of any vertical obstruction.

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

43. Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

44. 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 ons ite drive aisles and circulati on areas.

Measures shall include, but not limited to, signs, striping, and speed bumps.

Said measures shall be designed and shown on a signing and striping plan.

The location and type of device(s) shall be designed and instal led to the satisfaction of the Community Development and Public Works Directors.

45. Parking Management Program – Prior to occupancy of the project, a Parking Management Program shall be designed and submitted to e nsure that proper parking assignments for tenants, guests, and employees are established within the parking structure and designated exterior spaces, as well as address timing and procedures for moving activities and moving- related vehicles/vans for all re sidential, commercial tenants a nd live/work units. As part of the Parking Management Program, the applicant shall provide appropriate signage and develop an action plan to prevent parking from spilling off-site onto adjacent locations. Said program shall be subject to the review and approval by th e Community Development, Public Works and Police Departments.

LANDSCAPING, FENCES, AND WALLS

46. Walls and Fencing – Fences and walls shall have a maximum height of six feet. Where a solid fence or wall is provided, it shall be desi gned with both sides articulated, and with similar or complementary materials and colors to those used on the existing or p roposed buildings. Chain link fe ncing is prohibited. The gate for the transformer enclosure shall be solid to conceal the interior area from public v iew. Said gate shall be decorat ive material and is subject to review and appr oval by the Planning Division of the Community Development Department.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

47. Landscape Design Compliance/Approval – All landscaping and irrigation improvements, including those in the Residential Landscaping Li cense Area, shall be designed and insta lled in accordance with the Ci ty’s Guidelines and Standards for Landscape Planting and Irrigation Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of proj ect entitlements shall be submitt ed under separate permit for revie w and approval. Said plans shall be subject to review and approval by t h e Community Development and Public Works Departments. The locatio n 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.

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

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

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

51. Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a
maximum exposed height of six (6) feet and softened by landscap ing.

Where such walls are exposed t o public view, horizontal articul ation of varying depths shall be provided to break up a linear wall appearance.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

52. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporar y five (5) foot high chain-link fence within the limits of the proposed develop ment 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 Commun ity Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.

LIGHTING

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

54. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Securi ty Ordinance utilizing decorative light fixtures with heights not to exceed fourteen (14) 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 lightin g utilized shall be located within landscaped areas, at least three (3) feet fro m parking surfaces. All pedestals shall be painted the same color which s hall complement one of the main wall colors of the buildings, subjec t to the review and approval of the Community Development Department. Wh ere pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for saf ety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a d ownward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

55. Decorative Lighting Above Public Area – Low intensity lighting may be provided above and across the public exterior space.

56. Lighting on Roof Top Terrace – No roof illumination shall be permitted except as otherwise needed to comply with building security requirements.

The design and location of such fixtures shall be subject to re view and approval of the Community Development Department prior to the issuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additio nally, the rooftop areas may be illuminated subject to the following:
 Cut-off shields shall be installed/maintained on each side of the light fixtures visible from the parapet wall perspectives;

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

 Motion sensors shall be insta lled to limit operation of the li ghting to times activity is detected on the rooftop areas. Lighting shal l be off when no activity is on the rooftop; and
 Stand-alone light standards shall not exceed 10’-0” in height.

57. Wall Lighting – Wall-lighting fixtures at bu ilding entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative dow nward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division. Architecturally designed fix ed pendant and bracket light fixtures are permitted. The use of such light ing shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.

58. 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.

59. Light Source – Use of bright white, high intensity LED or metal halide lighting is prohibited.

SIGNS

60. All Signs – All site and building signage shall comply with Specific Plan 20 and shall be designed to meet the Precise Plan of Design Guidelines (Res.

No. 2006-108), and as specified in the Thousand Oaks Municipal Code. The design, color and location of all site and building signs as we ll as address numbers shall be processed under separate permits. A sign permi t application shall be submitted to the Community Development Department for review and approval.
2022-70535-PTP CONDITIONS

61. Scope of Permit Approval – The Protected Tree Permit is granted to allow the following:
 Removal of one (1) coast live oak ( Quercus agrifolia ) and three (3) California sycamore (Platanus racemosa) trees;
 Encroachment into the protect ed zones of twenty-two (22) Oak t rees; and

Encroachment into the protect ed zone of two (2) California syc amore trees.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

62. Oak T
ree Replacement – The applicant shall provide two 24-inch box and one 36-inch oak replacement tree for each Coast Live Oak ( Quercus agrifolia) tree removed. Total of three replacement trees are required.

63. Landmark Tree Replacement – Each landmark tree that is removed shall be replaced with two 24-inch box sycamore trees and one 36-inch oak sycamore tree. For those trees unable to be located on site the applicant shall provide the dollar value per the formula below to compens ate for the removal of the tree as a cash donation to Conejo Open Space Conservation Fund to be used toward open space land acquisition.

Description Amount
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
36’” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 863
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 863
Total $ 2,054
Grand Total x Per to be removed $ 5,010
*Prepared 3/2023 – Total price to increase three percent (3%) annually

64. Mitigation
Oak and Landmark Tree Location Map – Prior to issuance of a grading permit, the applicant sha ll submit a mitigation tree location map demonstrating the location of the replacement trees.

65. Oak Tree Removal and Encroachment – The removal and encroachment into the protected zones of oak trees for the construction of t he new multi- family residential building, ut ilities, and associated developm ent is hereby approved.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

66. Preservation of Existing Oak and Landmark Trees – The preservation of two (2) coast live oak trees, identified as trees numbered 19 and 2 in the Oak & Landmark Tree Report, is authorized under this permit. Th ese oak and landmark trees will require pruning to accommodate the cons truction activities and for the overall long-term health of the trees wh ich is also approved under this permit. Appropriate work methods and monitoring are required as described in the Pr otected Tree Report dated Novemb er 3, 2022, prepared by Richard Ibarra, I.S.L.A.

67. Mitigation Tree Maintenance and Monitoring – The required mitigation trees shall be monitored for a period of five (5) years. An ir rigation system designed for “dryscape” planting shall be installed for success ful oak establishment, which generally involves a drip-system irrigatio n for managing water distribution near the oak trees and does not inc lude watering during summer months w hen natural rainfall would not b e abundant. Maintenance shall include leaving the leaf-litter build-up or a 3- inch layer of mulch under the canopies of the oak trees to promote healthy tree growth and root development.

Monitoring shall be performed by the applicant’s oak tree consu ltant and monitoring shall entail visits at quarterly intervals for the f irst two (2) years and biannually for the next three (3) years. The applicant’s o ak tree consultant shall submit to the Community Development Department a semi- annual report regarding the conditions of the oak trees.

68. Oak Tree and Landmark Tree Preservation and Protection Guidelin es Compliance – Unless otherwise approved by the Community Development Department, all construction activities to or near an oak or la ndmark tree shall conform and abide by the City of Thousand Oaks, Preservat ion and Protection requirements as specified in Articles 42 and 43 of C hapter 4 of Title 9 of the Thousand Oaks Municipal Code.

69. Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected b y the proposed improvements.

70. Site Monitoring – Unless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance wi th the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in t h e applicant’s oak tree report label ed Oak & Landmark Tree Report dated November 3, 2022, prepared by Richard Ibarra, I.S.L.A.

71. Required Temporary Fencing – Prior to commencing construction, a five- foot (5’) high chain-link fence shall be installed and maintained around the protected zone, or other locati on as approved by the Community

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022- 70269 Attach 4.docx\pz[FILE ID: 2022-70822-DAGR)

Development Department, of all onsite and offsite oak trees and landmark trees. Installation of said f ence shall be reviewed and approv ed by the Planning Division of the Communi ty Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

72. Root Preservation – If “saved roots” must stay exposed for longer than one day then they shall be wrapped in burlap (or similar) and kept moist. During excavation for construction impr ovements, if an oak tree root o ver two inches (2") in diameter is encountered, the Planning Division o f the Community Development Department shall be immediately contacted t o 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 reloca ted to avoid root damage to ensure preservation of the trees
.

73. Excavation in Protected Zones – Unless otherwise waived by the Community Development Director, all excavation and construction activity within the protected zone of t he existing oak and landmark tree s shall be performed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Gui delines Resolution, No. 2010-14, a n d observed in progress by the applicant’s oak tree consultant.

74. Herbicides – No herbicides shall be used within one hundred feet (100') of the dripline of any oak and landmark tree.

75. Storage of Materials – No storage of materials is permitted within the protected zones of any oak tree.

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

77. 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 c onsultant in conjunction with this oak tree permit.

78. Written Certification – The applicant’s oak tree c onsultant shall certify in writing that all conditions of this Oak Tree Permit have been m et and that protective measures, to ensure t he 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 CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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PUBLIC WORKS DEPARTMENT

GENERAL

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

80. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and St andard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal crite ria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the desi gn and construction of City roads, dr ainage facilities and appurtenanc e s . T h e design engineer shall review the methods and procedures contained in the Road Standards, where not consider ed applicable, the design eng ineer shall request an exception from these standards in writing to b e approved by the City Engineer. Said Road Standards are available for dow nload at www.toaks.org/roadstandards.

81. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewate r which are affected by the subject project will be updated by the City to reflect the new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.

82. Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogramme tric 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 d atum. The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside t he limits of the property proposed f o r development. Any deviation from this condition must be approved by the City Engineer.

83. Title Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to gr ading plancheck or the issuance of any Building or Grading Permits.

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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84. Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not a vailable on those particular dates. The applicant shall schedule any and a ll grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

85. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of c onstruction and prior to the d isturbance or destruction of any existing survey monument, all monuments shal l 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 wi th and approved by the County Surveyor s howing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monume nt to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER

86. Water Service – In order to obtain water service, the applicant shall pay for the Cost of the Water Meter Deposit plus the City’s Water Plant Investment Fee, at the rates in effect at the time of payment, prior to is suance of a building permit. Additional fees for special facilities zones and fire flow surcharges may also apply. The applicant shall also pay the est ablished change order fee for updating the plans for this new lateral.

87. Water Mainline Extension – Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at th e south end of the project. A 15-foot eas ement shall be dedicated to th e City of Thousand Oaks for waterline maintenance purposes.

88. Location of Water Meter Boxes - Water meter boxes may not be located within driveways. It is the responsibility of the applicant and his engineer to properly coordinate and locate all water service lateral locati ons such that there is a single, unbroken/unrepaired service line between the main in the street and the meter box to each residence or building. In the event the configuration of the proposed ho use or building is revised and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, folding and crimping this r emaining portion of the servic e lateral and soldering the crimped pipe toget her. The remainder of the late ral may be abandoned in place, but the meter box must be removed and the a rea PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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returned to a condition acceptable to the water purveyor. If service laterals are relocated, the applicant’s engineer shall process a change order and pay any applicable charges for said change order.

89. Fire-Flow Verification - The applicant shall pay the Department a fee for calculation and verification of the existing water system to de liver required fire flows. In the event the fire flow, as determined by the V entura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main(s) of suffici ent size and length, as determined by the Depar tment, to provide said fire f low. A completed copy of the above-mentioned fire flow calculation mus t be provided to the Department before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be c hecked or processed unless these calculations, along with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Depar tment, are submitted.

90. Fire Hydrant Upgrade - Applicant/Owner shall coor dinate replacement of the existing fire hydrant located on Long Court near the proposed southerly driveway of the project. The existing 2½"x 4" two-way hydrant shall be replaced with a 2½"x 2½"x 4" 3-way hydrant at no cost to the wa ter purveyor.

91. Concrete Pads Around Fire Hydrants - Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolithic sidewalks are required), or wit hin commercial areas, the applic ant shall install a 4-inch (minimum) thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the fire hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend from the back of the curb to the sidewalk a nd be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks. The hydrant and concrete pad must be located within a specific easement, right- of-way, or public service easement shown on t he tract map or dedicated by separate instrument dedicated to or usable by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.

92. Separate Irrigation Meter - This project shall require a fully separate water meter for irrigation and landsca ping. Said irrigation meter wi ll require all water permit fees to be paid, each service lateral and meter bo x installed and approved by the City Public Works Inspector, and the approp riate backflow device(s) installed, tes ted and certified (by an appro ved independent testing firm hired by the applicant) prior to the i nstallation of the irrigation meters by the D epartment. The City may lock of f the angle PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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meter stop at the meter until the applicant has accomplished al l of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Muni cipal Code Section 10-2.514, pu nishable in fines up to $1,000 per day for each day of illegal taking.

93. Cross Connection Device - The applicant shall design and construct new backflow connection devices for the project’s irrigation water as well as fire sprinkler systems. Prior to the issuance of clearance for occupancy by the Department, all cross-connection c ontrol devices must be inspec ted and approved by the Cross Connection Control Specialist of the Coun ty of Ventura, telephone 805.654.2436 (MC 10-2.600). Full right of access and entry to the cross-connection device shall be granted to the Pu blic Works Department.

94. Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the desire of t he applicant to reuse these laterals as part of the proposed project, the appli cant must demonstrate to the satisfaction of the Department that the late ral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). These laterals must be made of copper; all poly services must be abandoned at the main under Department inspection and the meter boxes removed.

95. Procedure for Determination of Wastewater Fees - Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent c orrectness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified 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 t o the City upon request. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid.

96. Usefulness of Existing Wastewater Laterals – Where there is an existing wastewater lateral(s) serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed proje ct, the applicant must demonstrate to t he satisfaction of the Departmen t that the lateral(s) are in acceptable cond ition (no broken pipe, no root intrusion, etc.). This can best be done by utilization of a television vi deo from a point
on the subject property to the main, or by excavating the later al at the property line and making a visual inspection of the lateral. O ther methods PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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may be utilized but are subject to Department approval. If the lateral is acceptable to the Department, it may be reused; where it is not acceptable, a replacement lateral must be constructed or the existing lateral renovated (such as by use of pipe bursti ng technology). Laterals that ar e not appropriate for re-use must be abandoned at the main under Depa rtment inspection.

DEVELOPMENT ENGINEERING

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

98. Annexation to Lighting and Landscape District - In order to mitigate the impacts of this project and to have this project pay its fair s hare of maintenance costs for existing and future street lighting and l andscape improvements that provide a benefit to the property, the applicant is hereby notified, consents to and agrees that the real property subject t o t h i s entitlement will be annexed into the City’s Lighting and Landsc ape Assessment District No. 79-2 at the next annual renewal of the District (typically June of each year). Said annexation will occur only if the City has given final approval to this entit lement. Prior to recording t he final map or the issuance of any subsequent City permit needed for this proj ect, whichever event occurs first, the applicant shall sign an annex ation pre- submittal form, as provided by the City, agreeing to the uncond itional annexation of the real property to said District. Applicant sh all also post with the City a cash deposit or other security, as approved by the City, that could equal up to 2 years of ma intenance costs for the property, based on City’s estimate of all expenses a ssociated with the improvement s for the period City deems appropriate, in order to guarantee funding fo r maintenance by City of lighting and landscape improvements that provide a benefit to the property. Said deposit or security shall remain in a separate City fund until such time as the property is annexed into said District. Until said annexation is complete, Cit y shall draw on a yearly basis those amounts necessary for maintenance of said improvements. The balance of funds remaining at the time of annexation, not including any ac crued interest, shall be refunded to the applicant, If annexation is not accomplished, said funds shall be used at City’s discretion to pay for maintenance of said improvements. Upon receipt of ballot(s) tr ansmitted by the City in accordance with annexation proceedings, the applicant shall not oppose the assessment or the assessment formula for the sub ject property (as calculated in accor dance with Article XIIID of the California
Constitution), said ballot(s) shall be signed and returned to the City prior to the scheduled public hearing, per the instructions outlined on the ballot(s).

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An annual assessment may be placed on the tax rolls by the City . The applicant, and/or applicant’s successor in interest, heirs or assigns shall be responsible to pay all applicable charges for annexation of said property to said District.

99. Permission for Offsite Construction - Prior to the issuance of a grading permit, written permission for all proposed offsite constructio n along with any required easements from the o wners of the affected property shall be submitted to the City Engineer.
100. Hauling of Imported or Exported Materials - In the event this project will require either the importing or exporting of earth to or from t he 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 det ail 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 rou tes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department. 101. Grading Permit and Soils Certification - The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydro logy and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of la nd development; the pre-grading / site stabilization phase, as wel l as the post grading / building construction phase. The grading and improvement plans submitted to the City for planche ck shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existi ng easements, interface with ad jacent properties, storm drain and drainage systems, and street improv ements.

All submittals shall include the completed public and private improvement cost estimate worksheets, the required plancheck 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 com pletion of the project punchli st items, which are generated after the applicant’s engineer provides a s ubmittal of the final Record (as-built) Drawings.

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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102. On-site Run-off - On-site storm water shall be intercepted within the project boundaries in approved pick-up struc tures, treated and retained and/or conveyed to the nearest public street or existing storm drain s ystem to the maximum extent practicable, as approved by the City Engineer (M.C. 7-3.09 and 7-3.21).

103. On-Site Drainage Design - Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establ ishing on- site storm flows. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q10 ( developed) discharge flows and for the detention calculations up through Q100.

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

105. Drainage Study - The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing c onveyances possess sufficient capacity to pass the Q10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the propert y during a Q100 event as a result of development. The study shall be subj ect to the review and approval of the City Engineer prior to grading permit issuance.

106. 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).

107. Parking Structure Drainage – The City prohibits the discharge of pressure-washing effluent, antifr eeze and motor oils into eithe r the wastewater system or storm drai n system. Inasmuch as these are t h e anticipated discharges from the interior of the parking structu re, the applicant shall incorporate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conformance with all local, state and federal regul ations. The roof and other surfaces of the par king structure directly exposed to rainfall may be drained and discharged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot.

108. Building Pad Protection - The project engineer must provide analysis to demonstrate building pad protection from Q100 flows. On-site d ischarges PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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(including roofs, etc) shall be detained behind a wall, graded barriers or curb, and metered through a weir or other controlling device, c onstraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).

109. Detention of Onsite Storm Flows - The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) mus t be detained on-site. A simplif ied detention method is available for this site.

110. 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.

111. Sidewalk Construction – The existing five-foot sidewalk on Long Court and Moody Court shall be removed and replaced with an eight-foo t wide sidewalk per City Standard Plate 8.3. Additional right-of-way o r easement shall be dedicated to the City to include the additional sidewalk width.

112. Driveway Construction - The proposed driveway shall be constructed per Plate No. 6-1 and 6-4 of the Road Standards. The sidewalk must conform to the cross section as shown on Plate 6-4 and the applicant must grant an additional easement to the City covering the entire length of t he sidewalk across the driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) pri or to initiating construction of said driveway improvements.

113. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall acco mpany the permit application, along with pa yment 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

114. NPDES Permit Compliance – NPDES Permit Compliance - Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Q uality Management Program, Natio nal Pollutant Discharge Elimination System (NPDES) Permit No. CAS00 4002.

The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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Program “Technical Guidance Manual ” and the California Stormwat er Quality Association (CASQA) “BM P Handbooks” and/or other approv ed reference documents cited in Permit No. CAS004002 (M.C. 7-8.302).

115. BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall pr epare analyses to demonstrate th at the proposed Best Management Practices ( BMP’s) for stormwater treat ment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BM P’s must satisfy one of the f ollowing sizing criteria:

Treat the storm flow equivalent t o 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 m ethod 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).”

116. Landscaped Areas / Roof Drains - Landscaped areas shall be designed with efficient irrigation to reduc e runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Unless otherwise recommended in the soils report, on-site stormwater discharges (including roof drains if applicable) shall be directed toward landscaped areas. Applicant may employ pervious landsca ping design, rainfall capture pocket- planters, and other L.I.D. tech niques and measures to the maximum extent practicable.

117. Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall recor d a Stormwater Covenant and Deed Rest riction, requiring all propert y owners and their successors in interest to assume all duties and responsibilities for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required for implementation of Best Management Practices. Contained within the Covenant and Deed Restriction must be a description of the BMP’s that a re being provided as part of the project, a description of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits (MC 7-8.401(c)).

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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118. Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that distu rb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, i n accordance with the NPDES Constr uction General Permit (No. 2009 -009- DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applican t/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollu tion Prevention Plan (SWPPP). T h e SWPPP shall be prepared by a certi fied QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in t h e construction site office at all times during construction and t he site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the si te. 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 Ident ification and Response

TRAFFIC
119. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the m itigation by depositing with the City of Thousand Oaks the appropriate non-r efundable fees no later than prior to the issuance of building permits. 120. Gated Entrance – The design of any gated entrance shall comply with the City standards subject to review and approval of the Traffic En gineer, Ventura Fire Department and the Department of Community Development.

Any use of decorative pavers as paving material and located aro und a central planter shall be subject to review and approval by the Department of Public Works. No pavers shall be located in the path of tra vel for the physically challenged. Should the gate interfere with traffic safety on the public street they will be removed at the property owner’s expense.

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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SUSTAINABILITY

Solid Waste Collection and Diversion Requirements

121. Trash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athe ns Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Cente r at 2251 E.

Thousand Oaks Blvd.

122. Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant s hall 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 f rom the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste ma terials, including but not li mited to, asphalt, concrete, wood, drywall, brush and vegetation, landsca ping materials, lights, piping, conc rete block, metal, and the like, which will be recycled, reused, salvaged, and / or delivered to a landfill. Th e Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used.

For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.

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

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, spec ific sizing, conf iguration, 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.

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

125. Required - Operational recycling plans are required before occupancy.

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-L U; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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Water and Irrigation
126. Water –
Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought res triction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. If the drought continues, 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 and the developer should design their palette to thrive on once a week low- flow irrigation only. Trees should be on separate zones so they c a n b e operated separately in the event that additional restrictions are added. 127. Low-flow/low volume Irrigation – Sprinklers including rotators are prohibited within the City please review the specific requireme nts on our irrigation page. https://www.toakswater.org/sprinklersandirrigation. 128. Plantings
during the drought – The drip/low flow irrigation system should be installed, and trees planted. H owever, installing the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings. 129. Turf/Grass – State law now prohibits the watering of non-functional turf in commercial developments. A waiver from the Sustainability Divi sion is required to use potable water for turf. The waiver must include an explanation of why it is "functional turf". Include a descripti on of the subsurface irrigation system or mechanism to irrigate. In plann ing for the future, turf areas should be minimized and established on separ ate valves for easier shutoff during droughts.
130. Dust control – Refer to Ventura County Ai r Pollution Control District methods of dust control for elig ible methods, for the duration of the water restrictions. Alternatives to the use of use of potable water during construction should be the primar y methods employed. If potable water is needed a hardship waiver is required and must explain when potable water will be used in the different cons truction stages and when othe r methods will be used. The hardship waiver is available from the Sustain ability Division.
131. Electric Vehicles – 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 20% of the parking spaces will be EV Capable (25 s paces). 35% of the parking spaces (44 spaces) will be EV Ready. 132. General – Owner will install all electric appliances for all 73 residential units.

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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VENTURA COUNTY FIRE PROTECTION DISTRICT

133. Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for an y new structures.

134. Fire-Flow (Commercial, Industr ial, Multi-family buildings) - The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with ado pted Amendments and the City of Thousand Oaks Public Works Water Wor ks (whichever is more restrictive). The applicant shall verify tha t the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, Fire- Flow Verification.

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

136. Emergency Planning and Preparedness - The owner/applicant and all occupants of buildings shall comply with the Fire Department requirements for Emergency Preparedness Requir ements as indicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec 3.09. All required records and documentati on shall be available for review by the Fire Department upon request.

137. Access Point(s) on Roads - Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structu re, is not more than 150 feet from a road as meas ured by an approved route arou nd the exterior of the building. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an autom atic fire sprinkler system in accordance with NFPA 13 and provided with a n approved access walkway leading from the road to the exterior o penings around the structure.

138. Aerial Apparatus Access - Private roads shall comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30 feet in height above the l owest level of fire department access shall requi re an approved aerial ladder fire apparatus access road. The highest roof surface shall be determ ined by measurement to the eave of a pit ched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobst ructed width of 30 feet, exclusive of s houlders. Required aerial apparatus access FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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roads shall be located within a minimum of 15 feet and a maximu m of 30 feet from the building. Aeria l apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is posi tioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be loc ated within the aerial ladder fire apparatus a ccess roads. Landscaping and other improvements between the requir ed access and the buildings shal l not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

139. Mitigation to Aerial Fire Apparatus Access Roads- The fire code official is authorized to reduce the required width to not less than 24 feet when all the following are provided.
 Automatic fire sprinklers are installed throughout the structu re in accordance with NFPA 13.
 Fire sprinkler standpipes are provided on all floors and throu gh to the roof.
 Two or more roof access points are provided through 2-hour fir e rated stairs separated a distance not less than half of the diagonal of the structure.

140. Turning Radius - The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road.

141. Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shal l have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

142. Vertical Curve - The vertical curve of a fire apparatus access roads serving commercial and industrial occupancies shall not allow for trans itions between grades that exceed 6% elevation change along any 10-foo t section. These transitions shall include angle of approach, ang le of departure, and high centering of fire apparatus.

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

144. Construction Access Utilities - Prior to combustible construction, all utilities located within the a ccess road and the first lift of the access road pavement shall be installed. A min imum 20-foot clear width shal l remain free of obstruction during any construction activities within the development once combustible construction starts.

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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145. Access Road Certification - The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant structures which suppl ement the roadway bed or shoulders, shall be certified by a registered ci vil engineer as having an all-weather surface in conformance with the City of Thousand Oaks Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

146. Fire Lanes - Prior to construction the applicant shall submit two (2) sit e 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 California Fire Code and current VCFPD Fire Lane Standar ds. All signs and or Fire La ne markings shall be within recorded access easements.

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

148. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installe d and in service prior to combus tible construction and shall conform to the minimum standard of the C ity of Thousand Oaks Water Works Manual and the following.
 Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
 The required fire flow shall be achieved at no less than 20-ps i residual pressure.
 Fire hydrants shall be spaced 30 0 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 o n center.
 No obstructions, including walls, trees, lights, signposts, an d meters shall be placed within three feet of any hydrant.
 A concrete pad shall be installed extending 18 inches in all d irections from the fire hydrant.
 Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

149. Fire Sprinklers - All structures shall be prov ided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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150. Standpipe Systems - Standpipe systems shall be installed in accordance with California Building and Fire Code requirements.
151. Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water pu rveyor’s easement, shall be submitted to the Fire District for review an d approval prior to issuance of grading and/or building permits or signing of 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 Standards.

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

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

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

155. Fire Extinguishers - Fire extinguishers shall be installed in accordance with California Building Code and California Fire Code requirem ents. The placement of extinguishers shall be subject to review by the Fire District.

156. Panic Hardware - All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons.

157. Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road/driveway.

158. Exterior Exit Stairway - Emergency escape and rescue openings shall be provided in Group R occupancies. Such openings shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter a building. An exterior exit stairway is required to provide a path of egress from the podium deck to grade and ground ladder access t o the podium deck.

159. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story abo ve the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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160. Walk and Pedestrian Gates - If gates are to be locked, a Knox system shall be installed. The method of gate control, including opera tion during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspecti on by the Fire District is required prior to placing any gate into service. 161. 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. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit . Additional address directional signs may be required at common building en trances and stairways.
162. Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Desi gn shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevent ion Division for review and app roval prior to installation.
163. Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be ident ified by address numbers.
164. 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.). 165. Knox Device - Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 202 2- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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POLICE DEPARTMENT
166. POOL ACCESS – Pool access will be controlled by key-fob or similar device to reduce trespasser access. The pool will be surrounde d by a decorative fence of no less than 6 feet in height, with the sam e CPTED “2 foot / 6 foot” rules of landscaping to apply.
167. UTILITY ROOMS AND ENCLOSURES – All exterior utility rooms and enclosures containing electrical and telephone equ ipment shall be kept locked at all times.
168. 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 a n unobstructed view of the parking areas and building from adjacent streets.

The standard CPTED (Crime Prevent ion Through Environmental Desi gn) landscaping rules of “two foot / six foot” shall apply to the p roperty (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.
169. DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” th ick, which will cover the opening between t he doors. The attachment of th e astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strik e. 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 hi nge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
170. ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly contrasting col or to the background on which they are attached, and shall be illuminated from dusk to dawn by a permanent, dedicated light source.
171. ELEVATORS – Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the interior prior t o e n t r y , a n d shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order to accommodate a standard sized medical gurney and emergency response personnel.

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 202 2- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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172. 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 f ield of view and reduced blind spots.

Additionally, any stairwell or doors leading from the public ar ea to any residential area is to be access ed by key-fob, key, punch code or other control device as to restrict access from the general, non-resi ding public.

This includes all exterior doors on the perimeter of the residential portion of the project. The doors will have emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sheriff’s Dispatch at 805-654-9511 if coded. Any code changes need to be provided to Sheriff’s Dispatch ASAP
173. TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed and locked during non-business hour s to discourage, loitering, illegal dumping and theft. Trash encloses will be constructed to have o utside visibly to reduce the possibility of camping or sleeping in the area. 174. UNDERGROUND PARKING – For the residents, will have a motorized gate to limit free and unrestricted ac cess from persons not having b usiness at the location. The garage area will have emergency access to the gate via a “Knox Box” or similar security device. A generic code for gate access will also be provided to Sheriff’s Dispatch at 805-654-9511. Any code changes need to be provided to Sheriff’s Dispatch immediately.
175. PARKING STRUCTURES – Install a digital, color, CCTV security camera system on each level of the parki ng structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egress an d ingress points. Cameras shall provide good image quality during all ho urs of operation. It shall be a requirement that a minimum of the past 72 hours of recorded activity be retained by staff and be available upon request by the Police Department. The interior staircases shall be of the open construction variety in order to minimize blind spots and areas of concealment. Security mirrors shall be placed in the stairwells and parking structure interior.

All exterior openings in the structure's walls shall be secured with decorative metal grids to minimize unauthorized pedestrian entr y. The concrete flooring of the structure shall be rough swirled to pr event skateboarding, rollerblading, etc.

For the safe movement of vehicles and pedestrians, lighting lev els should be evenly distributed to provide uniform illumination of the en tire parking area. Care should be given to prevent the casting of glare and spillover lighting outside of the structure. The applicant shall comply with the following lighting requirements in the proposed parking structure:

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 202 2- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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 A minimum five-foot candles at the floor level shall be provided on interior driving aisles, at all times.
 The roof parking area shall have a minimum maintained one-foot candle at floor level during hours of darkness.
 Interior parking spaces at barrier and railings shall have a minimum maintained one-foot c
andle at floor level at all times.
 Stairways, ramps and exits shall hav e a minimum maintained ten- foot candle at floor level at all times.

The lighting for the parking structure shall be controlled by photocell and shall remain on during hours of darkness and diminished lighting.

It is recommended that the interior walls and ceiling of the parking structure be painted with a light, reflective color to maximize lighting efficiency.

All entrances to the parking structure shall be posted with sig ns indicating the structure is under 24 hour video surveillance. All driveway entrances shall be posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property. 176. PARKING – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicating the Califo rnia Vehicle Code will be enforced. To disc ourage theft and vandalism, the parking lot shall be fenced. The use of chai n link is discouraged. Access shall be through a gate equipped with key ca rd reader. Entry logs shall b e retrievable and presented to the Thousand Oaks Police Departmen t when necessary.
177. OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Poli ce Department.
*****
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A

DEVELOPMENT AGREEMENT WITH SJG LONG

INVESTMENT, RELATING TO THE DEVELOPMENT
O F P R O P E R T Y L O C A T E D A T 8 8 L O N G C O U R T (APN 669-0-202-260), THOUSAND OAKS,
CALIFORNIA (DEVELOPMENT AGREEMENT 2022-
70822-DAGR)
The City Council of the City of Thousand Oaks does hereby ordai n as follows:

Part I
Based upon the information c ontained in the Staff Report, exhi bits, and public testimony given at a public hearing on May 09, 2023, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public planning process, encourage p rivate participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable intere st in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Thousand Oaks (the “Cit y”) has adopted regulations (the “Development Agreement Regulations”) to implem ent procedures for the process ing and approval of development agreements in accordance with the Devel opment Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SJG LONG INVESTMENT (“Developer”) desires to carry out the development of a residential project (“Project”) locate d at 88 Long Court (APN 669-0-202-260), (“Property”), consistent with the General Plan, Specific Plan (SP 20), other City rules and regul ations, and the Development Agreement and vested entitlements referenced therein;
ATTACHMENT #5 To the PC Staff Report of 2/27/2023)

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WHEREAS, this Development Agreement (2022-70822-DAGR) will assure the City and the Developer that the Project will proceed as pro posed and that the Project can proceed without disr uption caused by a change in Ci ty planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achi evement of the private and publ ic objectives of the Project;
WHEREAS, the Planning Commission held a duty noticed public hea ring on March 13, 2023 on the Project, during which the Planning Commission received comments from the Developer, City staff, and members of the gen eral public and made a recommendation to the City Council on the Project entitl ements and legislative actions.

WHEREAS, the City Council of the City of Thousand Oaks held a d uly noticed public hearing on the Pr oject on May 09, 2023, during w hich the City Council received comments from t he Developer, City staff, and m embers of the general public and approved related entitlements and legislative actions, including a General Plan Amendment 2021-70182- LU; Development Permit 2022 -70269- DP; Protected Tree Permit 2022-70535-PTP; and Development Agreement 2022- 70822-DAGR;
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 Exhibit 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 Thousand Oaks Boulevard Specific Plan (SP 20),

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(b) The Development Agreement e stablishes certain development rights, obligations and condition s for implementation of the Pr oject located at 88 Long Court (APN 669-0-202-260).
(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 pu blic health, safety and general welfare;
(e) The Development Agreement will support the orderly developm ent of the Property and the preservation of property values; (f) The project qualifies as a “Residential” project, which is an a llowed use within SP 20.
(g) The project is consistent with the “Residential/Commercial” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the i ntent and development standards of SP 20 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11).
(i) The project has been determined to qualify for both the Cla ss 32 (Section 15332) and Section 15061(b)(3) Categorical Exemptions under the California Environmental Quality Act.

SECTION 4. The foregoing findings and det erminations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, a s amended by General Plan Amendme nt 2021-70182-LU (City Council Reso lution No. ________) prior to adoption of this Ordinance;
(c) Resolution Nos. ____________ fo r the Project entitlements, adopted by the City Council on May 09, 2023, and which Resolutions and exhibits are incorporated herein by reference as if set forth in full; cdd:600-60\4
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(d) All City Staff reports (and all other public reports and do cuments) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project; (e) All documentary and oral evidence received at public hearin gs or submitted to the City during the comment period relating to the Development Agreement, and other a ctions relating to the Projec t; and
(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fisc al and financial status; City policies an d regulations; reports, proje ctions and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of referenc es and status of planning appro vals, and completion and conformity of all exhibits thereto, and conformi ty to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. ____, adopted by the City 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 perfo rmed by the City Manager in the administration of the Development Agreem ent pursuant to the terms of the Developm ent Agreement.

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 affe ct the validity or constituti onality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, c lause and phrase hereof, would have been prepared, proposed, adopted, approv ed and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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Part 4
(Uncodified)
Effective Date

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

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

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council

ATTEST:

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

Date Attested: ______________

APPROVED AS TO FORM: APPRO VED AS TO ADMINISTRATION:

Office of the City Attorney

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

Introduced: XXXX XX, 202X
Published: XXXX XX, 202XX
Ordinance No.: XXXX-NS

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. cdd:600-60\4
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EXHIBIT “A”

DEVELOPMENT AGREEMENT
(Development Agreement will be attached upon project approval. See Attachment #6) cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk
WITH A COPY TO:

Thomas S. Cohen
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
(Space Above this Line is for Recorder’s Use Only)
This Development Agreement
is recorded at the request and
for the benefit of the City of
Thousand Oaks and is exempt
from the payment of a
recording fee pursuant to
Government Code
§ 6103.

DEVELOPMENT AGREEMENT
by and between

CITY OF THOUSAND OAKS
and

SJG LONG INVESTMENT, LLC
THIS DEVELOPMENT AGREEMENT is entered into this ___ day of ________________, 2023, by and among the CITY OF THOUSAND OAKS, a California municipal corporation (“City” ), on the one hand, and SJG LONG I NVESTMENT, LLC (“Owner”), on the other hand. City and Owner are at times collectively referred to as the “Parties” herein.

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

ATTACHMENT #6
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A. The State of California adopted the Development Agreement Ac t to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Beginni ng with California Government Code Section 65864, the Development Agreement Statut e authorizes City and an applicant for a development project to enter into a binding development agreement establishing certain development rights in the real property th at is the subject of the development project application. City has also codified the pr ocess of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (“TOMC”).

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

C. Government Code Sections 65 864-65869.5 authorize City to ent er into binding development agreements with persons having legal or equitable interests in real property for the development of such property.

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

E. Throughout this Agreement the terms “Owner” or “Developer” m ay be used synonymously, and both refer to SJG LONG INVESTMENT, LLC.

F. On April 27, 2021, the City Council adopted Resolution No. 2 021-015, “A Resolution of the City Council of the City of Thousand Oaks Dec laring Intention to Consider an Amendment to the Land Use Element of the General Pl an Allocating 55 Measure E Units From The City Wide Capacity To The Thousand Oak s Boulevard Specific Plan ( SP 20), and Allo wing Concurrent Processing of E ntitlement Applications for Land Located at 86 Long Court (LU  (LU 2021-70182 / RCA 2021-70181: SJG LONG INVESTMENT)”. As part of that Resolution, the City Council app roved LU 2021-70182 and RCA 2021-70181, allocating 55 residential dwelling units from the Citywide Measure E Residential units to the Thous and Oaks Boulevard Specific Pla n 20 (SP 20) Measure E residential capacity to the Property.

G. Owner and the City have agreed that the parties should enter into a development agreement pursuant to City’s Development Agreement Ordinance and proceedings have been taken in accordance with the rules and re gulations of City and State law.

H. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the ri ghts conferred and the procedures specified herein for the development of 88 Long Court, Thous and Oaks, California A.P.N. Number 669-0-202- cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

260 (“Property” or “Project site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan Amendment and in consideration of the agreements and undertakings of Owner as specified herein.

I. Concurrent with this Devel opment Agreement No. 2022-70822--DAGR that specifies public and private benefits and responsibilities related to the proposal, including allocation of 55 units of citywide residential capacity to the project, Owner proposed that City grant Owner the following land use entitlement approvals ( hereinafter “Project Approvals”) for the Project (def ined below in Section 1 – Defin itions) which are incorporated and made a part of this Agreement.
a. General Plan Amendment No. 20 21-70182--LU: To allocate 55 dwelling units of citywide Measure E capacity to the project site; b. Development Permit No. 2022-70269--DP: To allow the demoliti on of the existing commercial development and the construction of a 73- unit apartment project with a density bonus, and
c. Protected Tree Permit No. 2022-70535--PTP: To allow the remo val of one (1) coast live oak (Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees; and encroachment within the protected zones of twenty-two (22) coast live oak and two (2) California sycamore trees.

J. During the application proce ss, Owner submitted architectura l plans, site plans, landscape plans and grading plans to the City for review by staff. The Project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits C and D.

K. City has approved the Project, subject to the associated con ditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 20 and specifically determin ed that this Agreement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by i ts nature advantageous to City; and, (3) that this Agreem ent encourages and assures priva te participation in the construction of housing stock, as determined in the absolute discretion of the City Council.

L. On March 27, 2023, the Planning Commission of City considered the Project and the material terms of this Agreement, at a duly noticed public hearing and made appropriate findings that the provisions of this agreement are consistent with the General Plan and SP 20 and recommended approval of the Project to City Council. This Agreement was thereafter considered by City Council at a duly noticed public hearing on _____, 2023, in accordance with St ate law and City’s Developmen t Agreement Ordinance.

M. The City Council, after conducting a duly noticed public hearing on _____, 2023, considered, confirmed, and approved that the Project is exempt from the California cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

Environmental Quality Act (“CEQA”) pursuant to Title 14, Chapter 3 of California Code of Regulations, Section 15332 and 15061 respectively, approved the Project as proposed and conditioned per Resolution No. _____, approved the form and material elements of this Agreement, authorized the execution of this Agreement, and found that the provisions of this Agreement are consistent with the General Plan, State law, and the Development Agreement Ordinance. The City Council conducted the first reading of the new ordinance on _____, 2023, followed by the City Council’s second reading o f the new ordinance on _____, 2023.

N. This Agreement and the consent of Owner to each of its terms , conditions, and obligations will eliminate uncertainty in planning and prov ide for the orderly development of the Property cons istent with the policies and ob jectives of the General Plan, Specific Plan No. 20, and proposed zoning, as well as pro vide funding for certain public infrastructure improvem ents needed for the Project or pu blic projects as further identified in this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

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

P. It is the intent of the Parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the CEQA, state law governing adoption of development agreements, the Thousand Oaks Municipal Code, City’s Development Agreement Ordinance, and applicable development entitlements.

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

R. This Agreement will eliminate uncertainty in planning for an d securing orderly development of the Projec t, provide certainty necessary for the Owner to make significant investments in constructing the Project, public gathering areas, and other improvements, assure the timely and progressive installation of necessary improvements and public services, establish the orderly and measured build-out of the Project consistent with the vision of City’s Specif ic Plan No. 20 and will provide public benefits to City it would not be entitled to absent this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

S. The terms of this Agreement s upport a vital and important in terest of City by ensuring the development is c onsistent with the General Plan , Specific Plan No. 20 and the upgrading of City infrastructure and improvements.

T. In exchange for the benefits to City, Developer desires to r eceive the General Plan Amendment and other Project Approvals to permit high density residential use on the Property, the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with the Project Approvals and existing land use ordinances and development standards in effect on the Agreement Date, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et seq ., and the City’s Development Agreement Ordinance.

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

A G R E E M E N T

NOW, THEREFORE, in considerati on of the above recitals and of t he mutual covenants contained in this Agreement as well as in consideration of the mutual promises and covenants herein contained and other valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions

1.1. “Agreement” means this Deve lopment Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70822-DAGR.

1.2. “Agreement Date” means the date this Agreement is executed b y both City and Owner.

1.3. “Agreement Effective Date” is the date on which this Agree ment is attested by the City Clerk of the City after execution by Owner and Mayor of the City.

1.4. “Applicable Rules and Laws” means the City’s rules, regula tions, ordinances, and official policies in force and effect as of the Agreement Effective Date governing permitted uses of the land, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, improvement, and construction standards, specifications, policies and gui delines applicable to developme nt of the Property, including the General Plan, a s amended by the General Plan Amen dment, and Specific Plan No. 20, and unless otherwise provided by this Agreement or the Project Approvals.

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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 o f Thousand Oaks, California.

1.7. “Development Agreement Ordinance” means Title 9, Chapter 1 1 of the Thousand Oaks Municipal Code wherein City has set forth the procedures and requirements for consideration and administration of development agreements.

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

1.9. “Future Development Entitlements” means all necessary City discretionary approvals (includi ng conditions of approval) for the development of the Project that are not addressed in this Agreement and that must be consistent with the current General Plan and Zone Change Ordinance for the Project Site, the Applicable Laws, and this Agreement.

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

1.11. “Very Low Income Households ” means household at or below 50 percent of the Area Median Income . Refer to the 2022 Ventura C ounty Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.12. “Measure E Residential Capacity” means the SP 20 residential units available for allocation and the citywide residential units ava ilable for reallocation to a proposed development project pursuant to Section 9-2.203 of City’s Municipal Code.

1.13. “Ministerial Approvals” means the non-discretionary City permits and approvals necessary for the devel opment 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 typ es of permits necessary to implement the Project. Notwithstanding the foregoing, Minis terial Approvals may be processed and approved in accordance with amended versions of t he Applicable Laws upon Owner’s request and in Owner’s sole discretion.

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1.14. “Moderate Income Households ” means household at or below 120 percent of the Area Median Income . Refer to the 2022 Ventura C ounty Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.15. “Owner” or “Developer” means SJG Long Investment, LLC and each and all of their respective transferees, partners, successors, and assigns, whether voluntary or involuntary.

1.16. “Processing Fees” means fees and charges (i) adopted by t he City for the purpose of defraying the City’s reasonable costs incurr ed 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.

1.17. “Project” means the proposed development of the Property in accordance with the Project Appr ovals, this Agreement, and the conditions of approval and mitigation measures adopted as part of this Agreement.

1.18. “Project Approvals” means those discretionary City permit s and approvals, including those listed in Recital H of this Agreemen t (including conditions of approval), necessary for the development of the proposed Projec t consistent with the needed General Plan amendment for t he Project Site, the TOMC an d other Applicable Laws in effect on the Agreement E ffective Date, any amendment to such permit or approval allowed by the TOMC and this Agreement.

1.19. “Property” is that certain real property located within the City of Thousand Oaks at 88 Long Court, Thousand Oaks, California 91362 , APN 669-0-202- 260 and as more particularly described in Exhibit A attached he reto. The Property may also be referred to from time to time herein as the “Project Site.”

1.20. “Reserved Powers” means t he rights and authority expected f r o m this Agreement’s restriction on the City’s police powers and wh ich are instead reserved to the City. The Reserved Powers include (a) the powers to ena ct regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to compl y with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project Approvals), or (iii) constitute Process ing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.
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1.21. “Term” means the period of t ime for which this Agreement shall be effective in accordance with Section 3 below.

2. Exhibits. The following documents are referred to in this A greement, attached hereto and made a part hereof by this reference.

Exhibits Designation Description
A Legal Description of Property
B Site Plan
C Project Plan Set dated February 27,
2023
D Conditions of Approval
E Green Initiative Outline SJG Long
Investment
F 2022 Ventura County Income Limits
Chart

3. Agreement Effective Date and Term. This Agreement shall bec ome effective (“Agreement Effective Da te”) as set forth in Subsecti on 1.3 above. Unless extended by mutual written agreement of the Parties, this Agreement shall expire and be of no further force or effect on the earlier of seven (7) years from the Agreement Effective Date (“Term”) or the date on which the City issues a Certificate of Occupancy or approves final permits to allow occupancy of buildings for the Project. The term may be terminated, modified, or extended by mutual consent in writing of the Parties with good cause, not to be unreasonably withheld by the City. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays and the Parties will act in good faith to move the project forward through construction and completion in a time efficient manner. Following the expiration of the Term, this Agreement shall terminate and be of no further force and effect, except with respect to t erms and provisions that expressly survive the termination of this Agreement. If this A greement is terminated because the City has issued a Certificate of Occupancy or other wise issued final occupancy permits for the entire Project, then Owner’s obligati ons to make any Public Benefit Payments or provide the Public Benefits as identified in Section 6.1, below, shall survive such termination until the obligation has been complete ly satisfied. In the event the Project Approvals are cha llenged the Term is tolled through the duration of the litigation. All Project Approv al expiration dates will extend through the term of the Agreement.
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4. State Enabling Statute. To strengthen the public planning p rocess, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding d evelopment agreements establishing certain developmen t rights in real property with p ersons having legal or equitable interest in such property. Section 65864 of the Deve lopment Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost t o the public.
(b) Assurance to the applicant for a development project that upon approval of the projec t, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.
(c) The lack of public facilities , including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possibl e, applicants and local
governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.”
Notwithstanding the foregoing, t o ensure that the City remains responsive and accountable to its residents wh ile pursuing the benefits of dev elopment agreements contemplated by the Legislature, the City: (1) accepts restrain ts on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties as permitted hereu nder; and (2) to offset controls and conditions imposed on development project applications.

5. Purpose of this Agreement.

5.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Section 6. 1, below, will be achieved in accordance with the cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City’s Reserved Powers;

5.2. Developer Objectives. In a ccordance with the legislative findings set forth in the Development Agreement Act, and with full recogniti on of the City’s policy of judicious restraints on its police powers, Developer wishes to obtain reasonable assurance that the Project may be developed in accordance with the Applicable Rules, the Project Approvals, and othe r Discretionary Actions and with the terms of this Agreement, but subject to the City’s Reserved Powers. In the absence of this Agreement, Developer would have no assurance that it can complete the Project with the zoning and proposed density for the developm ent (including, without limita tion, the location and number of improvements, proposed height and building limits (e. g., maximum density, maximum floor area, etc.) and t he provisions of open space, veh icular access, and parking set forth in this Agreem ent, the Project Approvals, and other Discretionary Actions. This Agreement, therefore, is necessary to assure Dev eloper that, except as otherwise expressly provided in t his Agreement, the Project wil l not be (a) reduced or otherwise modified in density, int ensity or use from what is se t forth in the Project Approvals and other Discretionary Actions, (b) “subjected to ne w rules, regulations, ordinances or official policies or plans that are not adopted o r approved pursuant to the City’s Reserved Powers or (c) subjected to unreasonable delays for reasons other than Citywide health and safety enactm ents related to force majeure events such as, but not limited to, floods, earthquakes, pandemics, labor shortages and similar acts of God.

5.3. Mutual Objectives. Developm ent of the Project in accordan ce with this Agreement will provide for t he orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installati on of necessary improvements for, and other feat ures of, the Project reflected in the Project Approvals, assure attainment of maximum e fficient resource utilization wit hin the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which they Development Agreement Act was enacted. The Parties believe tha t such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requi rements under this Agreement, including without limitation increased tax revenues, installation of onsite and offsite improvements, creation and retention of jobs, and the de velopment of an aesthetically attractive Project, as well as the public benefits described in Section 6.1, below. In addition, although development of the Project in accordance with this Agreement will restrain the City’s land use or other relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to rema in responsible and accountable to i t s r e s i d e n t s . I n 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 Appr ovals and other Discretionary Act ions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

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5.4. Applicability of the Agreem ent. This Agreement does not (a) grant height, density or intensity in excess of that otherwise established in the Applicable Rules and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Di scretionary Action are initiat ed and submitted by the Owner of the Property after the Effective Date of this Agreemen t; (c) guarantee that Developer will receive any profits from the Project; (d) prohib it the Project’s participation in any benefit assessment distric t that is generally applicable to surrounding properties; (e) amend the General Plan or Specific Plan No. 20, or (f) amend the City’s Planning and Zoning Code (Title 9). This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

6. General Acknowledgement. Thi s Agreement is entered into for the purpose of permitting the development of the Property in a manner that will assure certain anticipated benefits to both City and Owner as set forth in this Section.

6.1. Benefits to City and Obligat ions of Owner. The benefits t o City (including, without limitation, the residents of City) and obli gations of Owner under this Agreement include, but are not limited to:

6.1.1. Construction of the Project in a single phase which incr eases residential stock in the City by adding up to 65 market rate ap artments with a mix of unit types;

6.1.2. Provision for six (6) Very Low Income Households apartme nt units in the podium buildings made up of 3 two-bedroom units an d 3 one-bedroom units with a covenant to maintain the six affordable units in the Ver y Low Income range for seventy (70) years;

6.1.3. Owner will provide two (2) Moderate Income Households apartment units made up of 1 one-bedroom unit and 1 two-bedroom unit with a covenant to maintain the two affordable units in the Moderate Income range for seventy (70) years;

6.1.4. Removal of non-conforming uses and blighted structures, and replacement with conforming mixed-use residential and commercial uses and structures.

6.1.5. Publicly accessible exterior plazas and open spaces as generally shown on Exhibits B and C equating to approximately 4,500 square feet or 11% of the total building footprint square footage.

6.1.6. Provision of necessary fees dedications and public improvements that will provide benefits for the community;

6.1.7. Approximately 600 square f eet of work/share space that provides an amenity for tenants to work remotely;
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6.1.8. Enhanced architectural design with appropriate massing a nd scale, extensive articulation, glazing, and extensive detailing with upgraded materials;

6.1.9. Integrate sust ainable features inclu ding but not limited t o rooftop solar farm and EV charging stations. Additionally, 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 20% of the parking spaces will be EV Capable (25 spaces). 35% of the parking spaces (44 spaces) will be EV Ready. Owner will also be installing all electric appliances for all 73 residential units, all which go beyond Title 24 requirements.

Exhibit E is attached which outlines the green initiatives vision for 88 Long Court that may be implemented;

6.1.10. Three (3) live/work units which results in the Project providing vehicular trip reduc tion benefits as a result of the dedication of live/work units and work share space for use by the residents of 88 Long Court;

6.1.11. Provision granting City a three-foot wide easement for the possible future widening of the sidewalk that runs along the west side of 88 Long Court.

6.2. Benefits to Owner and Obli gations of City. Owner will exp end time and money in constructing public improvements and facilities in connection with the Project, and thus the vested right s provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:

6.2.1. City’s adoption of a General Plan amendment and approval of the other Project Approvals to provide for residential units on the property, which significantly enhances the value of the Property;

6.2.2. Consistent with California Government Code Section 65915 , the City’s approval of 19 “density bonus” market rate units above and beyond the 54 base density units permitted by the G eneral Plan’s 30 dwelling units per acre limitation, in exchange for 6 affordable units reserved for Very Low Income Ho useholds (i.e., 11% of the 54 base density units) as well as 2 units at the Moderate Income Households level;

6.2.3. City’s approval of the applications identified in Recital I above; City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;

6.2.4. City’s agreement to allo w Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement. All Project Approvals will last for the Term of the Agreement unless terminated by mutual consent or pursuant t o the rights and authority provided for under this Agreement;
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6.2.5. City’s agreement to not c hange the existing zoning and General Plan designations of th e Property without Owner’s conse nt during the Term of this Agreement; and

6.2.6. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entitled “Project Plans” (attached as Exhibit C) will be processed expeditiously and assigned a dedicated City planner.

6.2.7. City’s agreement to allow Owner to defer payment of City Development Fees for a period of twenty-four (24) months, with a possible six (6) month extension if requested by Owner in writing and Owner has demonstrated the company is moving towards developing and completing the project. Notwithst anding Owner’s ability to defer payment of City Devel opment Fees, Owner must pay the i nterest on the determined total value of the City Development Fees calculated for the Project before any City-issued building, grading, demolition, or other type of permit related to construction is issued. The interest rate will be determined at the time the permits are being sought and the rate will be based on the am ount the City could earn in a t wo-year treasury. In addition, all City impact fees due from Owner, or anyone assign ed the rights under this Agreement, must be paid before a Certificate of Occupancy or other City action to approve occupancy of the apartment complex is issued.

7. Project Development

7.1. Project Description and Bi nding Covenants. The Property i s that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Proper ty is commonly described as located at 88 Long Court, Thousand Oaks, California A.P.N.669-0-202-260. 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 claima nts in easements) agree to be bound by this agreement. The Parties intend and determin e that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto. Owner further agrees t hat based on the affordable unit s Owner is constructing and managing in the Project, Owner will execute an Affordable R ental Housing Regulatory Agreement declaring a restrictive covenant on the affordable units created in the Project.

7.2. General Development. Any d evelopment of the Project on th e Property shall be conducted in acco rdance with the terms and co nditions of this Agreement and attached exhibits.

7.3. Ministerial Approvals. Cit y hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with th e Project Approvals and Applicable Laws, provided that O wner satisfactorily complies wi th all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

Effective Date and generally requi red of developers by City for processing applications for developments at such time.

7.4. CEQA Compliance. The City Council found the development of the project to be exempt from CEQA under Title 14, Chapter 3 of Cal ifornia Code of Regulations, Section 15332 and the General Plan Land Use Elemen t amendment is exempt under Section 15061. The Project is subject to all applicable mitigation measures and project design features as de scribed in Program EIR No. 327 . Accordingly, City acknowledges and agrees that the Project is compliant with CEQA rules, regulations, and requirements.

7.5. Permitted Uses and Developm ent Standards. In accordance w ith and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Fu ture Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the e xtent not addressed in the foregoing, the Applicable Laws, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.

7.6. Owner to Build Approved Pr oject. Owner hereby agrees that development of the Project shall be in accordance with the Proj ect Approvals, including the conditions of approval and t he mitigation measures and project design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement, the Future Development Entitlements (if and when approved), Ministerial Ap provals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. Nothing in th is Section shall be construed to restrict the ability to make minor changes and adj ustments in accordance with Subsection 10.2. Notwithst anding the foregoing, nothing i n this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.

7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development r esulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or t hrough the initiative or refere ndum process) shall not apply to the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall b e placed by the City on the amount of total square feet or th e number of buildings, structu res, residential units that can be built each year on the Pr operty except as expressly provided in this Agreement. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

The Project shall be completed within the Term unless extended pursuant to this Agreement. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays. Owner shall use commercially reasonable efforts to diligently pursue completion of the Project on or before June 30, 2029. 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 June 30, 2027, this Ag reement 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.

8. Rules, Regulations, and Fees.

8.1. Main Rules, Regulations, Ordinances and Policies. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, phasi ng, design, improvement and construction standards and s pecifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project A pprovals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approved), Ministerial Ap provals (if and when approved), any amendments to the foregoing approved by the City, and Project Plan Set dated February 27, 2023 (Exhibit C). Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations, or po licies adopted by the City purpor t to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement.

8.2. Changes in State and Federal Rules and Regulations. Nothi ng in this Agreement shall preclude the application to the developmen t of the Property of changes in City’s laws, regulations, plans, or policies, the te rms of which are specifically mandated and required by changes in state and federal laws or r egulations as provided in Government Code Section 65869.5. This includes, but is not limited to, the California Building Code, California Fire Code, California Mechanical Code , California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in t he TOMC. In the event State or federal laws or regulations enacted after the Agreement Date prevent or preclude compliance with one or more provis ions of this Agreement or req uire changes in plans maps or permits approved by the City, this Agreement, or portio ns thereof, may be modified, extended, or suspended as may be necessary to comply with such State or federal laws or regulations or the regulations of such other governmental jurisdiction.

8.3. No City Liability for Feder al or State Actions Affecting Project. To the extent that any actions of federal or state agencies (or action s of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying development of the Property, City shall not in any manner be liable for any such prevention, dela y, or modification of said development or for costs incurred by Developer in complying wit h such actions. To the cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

extent possible, in the event of any ambiguity, any such regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.4. Development Impact Fees a nd Public Benefit Program Cash Contribution. All City Processing Fees and Development Fees to Owner for the Project shall be at the rates in effect on the Agreement Effective Date. Fees payable directly to, or collected by City for payment on behalf of, other public age ncies, including but not limited to the State of Califor nia, County of Ventura, Ventura County Watershed Protection District, Calleguas Muni cipal Water District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any fees, charges, taxes, assessments, or levies (incl uding, but not limited to, those for water and wastewater usage, and landscape and lightin g assessments) other than Processing Fees and Development Fees that are revised or a dopted on a Citywide or regional or communitywide basis during the term of this Agre ement shall apply to the Property. Owner may defer paym ent of City Development Fees for a period of twenty- four (24) months, with a possible six (6) month extension if requested by Owner in writing and Owner has demonstrated the company is moving towards developing and completing the project. Notwithstanding Owner’s ability to defer payment of City Development Fees, Owner must pay the interest on the determined total value of the City Development Fees calculated for the Project befor e any City-issued building, gra ding, demolition, or other type of permit related to construction is issued. The interest rate will be determined at the time the permits are being sought and the rate will be based on the amount the City could earn in a two-year treasury. In addition, all City Development fees due from Owner, or anyone assigned the rights under this Agreement, must be paid b efore a Certificate of Occupancy or other City action to approve occupancy of the apartment complex is issued.

8.5. Health and Safety Excepti on. Nothing herein shall be cons trued to limit the authority of City to adopt and apply codes, ordinance s and regulations which have the legal effect of protecting persons or property from co nditions which create a serious and imminent health, safe ty, or physical risk. To the extent possible, any such codes, ordinances, and regulations shall be applied and constru ed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.6. Uniform Codes Applicable. All project construction, gradi ng, and building plans for the Project shall comply with the uniform codes, construction standards and specifications in effect at the time the construction and i mprovements plans are approved, including those standards and specifications set forth in the California Building Code, California Fire Code, Calif ornia Mechanical Code, Califor nia Plumbing Code, California Residential Code, Ca lifornia Green Building Standard s Code, and California Energy Code all of which have also been adopted in the TOMC.

8.7. Future Developm ent Entitlements. Cit y agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all Future Development Entitlements and City shall exercise its discretion in a manner consistent with and in recognition of this Agreement, the Project Approvals, the Appli cable Laws, and other cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

approved documents associated wit h this Agreement. City and Ow ner shall meet to identify all necessary Future De velopment Entitlements and to d evelop a schedule processing them. City and Owner agree to cooperatively work together to ensure timely review and processing of the Future Development Entitlements.

9. Relationship of Parties. T he contractual relationship betwe en City and Owner is independent and under no circumstances shall Owner be considered an agent or partner of City.

10. Amendments and Cancellation of Agreement. This Agreement m ay be amended in whole or in part only in writing and only by the mutual consent of the Parties.

Amendments shall be processed either as Major Amendments or Minor Amendments, as defined and set forth below in Subsections 10.1 and 10.2.

10.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the Term of this Agreement; (b) the permitted use s of the Property; (c) the provisions for the reservation or dedication of land; (d) an in crease in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (e) changes to the percentage of commercial uses to residential use; or (f) changes to the community benefits affecting the total monetary contributions b y Developer, shall be deemed a “Major Amendment” and shall require giving of notice a nd a public hearing before the Planning Commission and the City Council in accordan ce with Government Code Section 65868 and TOMC Section 9-11.14(a). Any amendment which is not a Major Amendment shall be deemed a Minor Amendment subject to Subsecti on 10.2 below.

Consistent with Sections 10.1 and 10.2, the City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment subject to this Section or a Minor Amendment subject to Subsect ion 10.2 below. Said determination may be appealed to the City Council.

10.2. Minor Amendments. The Part ies acknowledge that refinemen t and further implementation of the Pr oject may demonstrate that cert ain minor changes may be appropriate with respect to t he details of the development a nd performance of the Parties under this Agreement, Minor changes include any modification to the Project that is substantially consistent with the intent of the Project Appr ovals and does not involve any deviation from the Specific P lan No. 20 or Applicable Laws. The Parties desire to retain a certain degree of flexibility with respect to the deta ils of the Project and with respect to those items covered in the general terms of this Agr eement. If and when the Parties find that clarifications, minor changes, or minor adjus tments are necessary or appropriate and do not constitute a Major Amendment under Subsection 10.1, they shall effectuate such clarifications, minor changes or minor adjustme nts through a written Minor Amendment approved in writi ng by Owner and the City Manag er. Minor amendments authorized by this subsection are ministerial and ma y not constitute a discretionary action or “amendment ” for the purposes of Governm ent Code Sections 65867, 65867.5, and 65868. Unless othe rwise required by law, n o such Minor Amendment shall require prior notice or hearing.

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11. Cancellation and Termination. This Agreement may be canceled, in whole or in part, by mutual consent of the Parties in the manner prov ided for in Government Code Section 65868 and TOMC Section 9-11.14. Any termination u nder Government Code Section 65865.1 or TOMC Sect ion 9-11.14(b) shall be effect ive only if Owner is provided no less than thirty (30) days in which to cure any all eged noncompliance, provided that City shall not t erminate this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) if City determines that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences such cure and thereafter diligently and with continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Government Code Secti on 65865.1 or TOMC Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City’s or Owner’s remedies as provided in this Agreement.

12. Enforcement. Unless cancel ed or terminated as provided her ein, this Agreement is enforceable by City, Owner, or any successor in in terest, notwithstanding any change in any applicable General or specific plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alters or amends the rules, regulations or policies specified in this Agreement.

13. Periodic Review of Com pliance with Agreement.

13.1. Periodic Review. City may review compliance with this Agr eement every twelve (12) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information as City may require so City may properly perform the review. The City shall conduct any such annual review to determine whether Devel oper is acting in good-faith compliance with the provisions of this Agreement in accordance with Section 65865.1 of the California Government Code. Developer shall reimburse the City for the cost of each annual review conducted during the term of this Agreement. Such cost reimbursement shall include all direct and indirect expenses actually incurred in such annual reviews, provided that such cost shall be generally consistent with the cost changed for an nual reviews for other development agreements to which the City is a party.

13.2. Good Faith Compliance. Dur ing each periodic review, Owner shall be required, in accordance with TOMC Section 9-11.13, to demons trate by substantial evidence good faith compliance with the terms and conditions of this Agreement.

14. Events of Default.

14.1. Defaults by Owner. If City determines that Owner is in default under the terms and conditions of this Agreement, City shall, by written notice to Owner, specify the manner in which Owner is in default and state the steps Owner must take to comply.

If, within thirty (30) days after the effective date of notice from City specifying the manner in which Owner has failed to so comply, Owner does not commence all steps reasonably cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to cure the default, then Owner shall be deemed to b e in default under the terms of this Agreement and City may seek to terminate this Agreement providing Owner an opportunity to be heard before the City Council in accordance with Government Code Section 65865.1 and TOMC Section 9-11.14(b), or seek other remedies as set forth in this Agreement.

14.2. Defaults by City. If Owner determines that City is in de fault under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner necessary to comply as required and/or thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in de fault under the terms of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth in this Agreement.

14.3. Failure to Cure Default Procedures. If after the cure pe riod has elapsed, the Director finds and determines that Owner remains in default, the Director shall make a report to the City Council and then set a public h earing in accordance with the notice and hearing requirements of Government Code Section 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence that the Owner has not c ured the applicable default pu rsuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.

14.4. No Monetary Damages. It is acknowledged by the Parties t hat neither the City nor Owner would have entered into this Agreeme nt if it were liable in monetary damages under or with res pect to this Agreement or the application thereof.

The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetar y damages that would adequately c ompensate 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 t o justify the exposure. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Agreement, except that neither Party nor any Transferee shall be liable in m onetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision o f this Agreement. The Parties understand and agree, however, that nothing in this Sec tion 14.4 shall prohibit, restrict, or otherwise affect the rights of a Party to seek monetary damages as a result of Owner's failure to make the requ ired Benefit Payments or pay to the City any other required payments under this Agr eement. If Owner fails to make the Public Benefit Payments as required by this Agreement, the City shall be entitled to sue for the City's actual, direct monetary damages in the amount of such unpaid Benefit Payments. In no event shall either Party be entit led to special, consequential, or punitive damages or damages measured by lost profits.
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14.5. Commencement of Legal Acti on. In addition to any other r ights or remedies, either Party may initiate legal action to cure, correct, or remedy any default, to enforce any covenants or agreem ents herein, to enjoin any threa tened or attempted violation hereof, to recover damages or any default, or to obta in any other remedies consistent with the purpose of this Agreement. Venue for such action shall be in Ventura County.

15. Waivers and Delay.

15.1. Waiver. Failure by a Party to insist upon the strict per formance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a defaul t by the other Party hereto, s hall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future.

15.2. Third Parties. Non-perform ance shall not be excused beca use of a failure of a third person, except as provided in Subsection 15.4.

15.3. Covenant Not to Sue. Not withstanding anything to the con trary in this Agreement, Developer hereby agrees that neither Developer nor any of its agents, employees, representatives, me mbers, managers, officers, assign s, heirs and successors in interest shall commence, prosecute, assist, promo te or encourage, financially or otherwise, either i ndividually or in any collect ive way, either directly or indirectly, either on its own behalf or on behalf of any other person or entity, any arbitration, litigation or any other judicial proceeding of any kind, nature or description against or involving the City c hallenging that any applicable c onditions, mitigation measures, obligations, requireme nts or restrictions contained i n the Agreement violate any California statutory require ments, constitute an abuse of t he police power, violate substantive due process, deny equal protection of the laws, constitute or result in a taking of property without payment of just compensation, or impose an unlawful fee, or exaction or tax. Nothing in this Secti on shall prevent Developer from e xercising its rights under Section 14, above, with respect to a default by the City.

15.4. Force Majeure. The Partie s shall not be deemed to be in default of any provision of this Agreement w here failure or delay in perfo rmance of any of its obligations under this Agreemen t is caused by floods, earthquak es, other Acts of God, fires, wars, riots or similar hostilities, pandemic, states of emergency, stay-at-home orders, strikes and other labor difficulties, or similar events and occurrences beyond the Parties’ control. If any such events shall occur, the terms of this Agreement and the time for performance by a Party of any of its obligations hereunder shall be extended by the period of time that such event s prevented performance of the ob ligation. To assist the Parties in determining the period of time for excusable delay, the Parties may refer to federal, State, and local orders, including health orders, adop ted by any of the various agencies that directly impact this Project and the Parties’ abi lity to either work on the Project or process permits.

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15.5. Nexus/Reasonable Relationshi p Challenges. Notwithstanding Subsection 15.1, Owner consents to, and waives any rights it ma y have now or in the future to bring a nexus/reasonable relationship challenge relat ing to the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s Applicable Laws, incl uding City’s General Plan, TOMC, Subdivision Map Act regulations, Specific Plan No . 20, Residential Planned Developm ent rules and regulations, and Oak/Landmark Tree Preservation rules and regulations as they exist on the Agreement Date as to the Project; or (2) this Agreement, including without limitation, any claim that the Agreement cons titutes an abuse of the police power, violates substantive due process, denies equal protection of the laws, c onstitutes or results in a taking of property without payment of just compensation, or imp oses an unlawful fee, exaction, or tax.

15.6. Cooperation by Owner. Owner will, in a timely manner, provide City with all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder, and cause Owner’s planners, engi neers, and all other consultants to submit in a timely manner all required materials and documents, therefore.

Owner shall also apply in a timely manner for such other permits and approvals from other governmental or quasi-government al agencies having jurisdiction over the Property as may be required for the development of the Project.

16. Notices. All notices requir ed or provided for under this Agreement shall be in writing and delivered in perso n or sent by certified mail, p ostage prepaid and email.

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

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

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

SJG Long Investment, LLC
1161 Oak Mirage Place, Thousand Oaks, CA 91362
Attention: Jason Lo
Telephone: 805 300 3788
Email: [email protected]

With a copy to:

Thomas S. Cohen, Esq.

Cohen Land Use Law, LLP
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
Email: [email protected]

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Formal written notices, demands, correspondence and communications between City and Owner shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Owner, as set forth in this Section. Owner 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 transfe ree, the transferee’s mailing address, the acreage and location of the land sold or transferred, and the name and addr ess of a single person or entity to whom any notice relati ng to this Agreement shall be g iven, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 16 or any other action City is required to take under this Agreement.

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

17. Cooperation in the Ev ent of Legal Challenge.

17.1. Challenges to Agreement. In the event of any legal action instituted by a third party, including but not limited to any other govern mental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to use reasonable efforts to coop erate in defending such action . Each Party shall bear their own costs and attorney’s fees in defending any such third -party challenge to the Agreement, except that the Parties may by mutual written consent agree to joint legal representation in any such suit, the cost of which shall be equ ally shared between City and Owner. In the event of any litigation challenging this Agr eement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

17.2. Challenges to Entitlements. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging any entitle ment issued in reliance upon C ity approvals or challenging the sufficiency of any environmental review of this Project (each an “Entitlement Challenge”), each Party must cooperate in the defe nse of such Entitlement Challenge, in accordance with th is Section. Owner agrees to pa y City’s costs of defending an Entitlement Challenge, including all court costs and reasonable attorney’s fees incurred by City in defense of any Entitlement Challenge, as well as the time of the City’s staff spent in connection with such defense, and any cos ts and attorneys’ fees awarded against the City to a successful third party. Owner may select its own legal counsel to represent Owner’s interests in any Entitlement Challenge at Owner’s sole cost and expense. City agrees that it will not enter into a settlem ent agreement to any Entitlement Challenge without Owner’s written consent. Owner’s obligation to pay City’s costs in the defense of an Entitlement Challenge does not extend to those costs incurred on appeal filed by City as against a successful third party unless otherwise authorized by Owner in writing.
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17.3. City’s Right to Independent Legal Evaluation. Nothing in this Section shall be construed as preventing City from independently evaluating its rights, obligations and causes of action in the event of litigation.

18. Transfers and Assigns.

18.1. Transfers in General. Ow ner shall have the right to sell , assign or transfer (collectively “transfer”) this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time duri ng the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

18.2. City Review of Proposed Tran sfer. Prior to any such prop osed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of t he transferee. Any such transfe r to an entity whose development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project shall be approved by the Community Development Director. Unless agreed to in wr iting, if Owner transfers the rights under the Agreement before the Project is completely constructed, the subsequent Owner will be required to build or complete the construction of the Project based on the architectural plans approved by City and under the same entitlement conditions previously approved, subject to any changes proposed consistent with subsections 10.1 and 10.2 above. The Director may require the submittal of reas onable documentat ion regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within fifteen (15) days from receipt of the Dire ctor’s request that support a finding transferee has the requisite experience and the financial stability to develop the Project or respective portion thereof. The Community Development Director may withhold approval of such transfer only if the proposed transferee fails to provide requested document to the Director in the time set forth above, the Direc tor determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Pr oject, or the entity does not have sufficient net worth and financial fitness to carry ou t the Project, provided that the Community Development Director's approval shall not be unreasonably withheld. City shall notify Owner in writing of the Community Development Dire ctor’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee. Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of suc h transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Council within ten days of the Director’s determination.

18.3. Transfer to Lender. Nothi ng contained in this Section 18 shall prevent a transfer of the Property, or any portion thereof, to an institutional lender as a result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner un der this Agreement; provided, however, that, in no event shall such lender be liabl e for any defaults or monetary obligations of Owner arising prior to acquisition of t itle to the Property by such lender and, provided further that, in no event shall any such l ender or its successors or assigns be entitled to a building permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

18.4. Conditions of Transfer. T he sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreement; (b) Owner has provided to City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which (1) the name and address of the transferee is set forth; and (2) the tr ansferee expressly and unconditionally assumes all the obligations of Owner under this Agreement with respect to the Property and Project or with respect to the portion of the Property and Project that is being transferred.

18.5. Exceptions to Obtaining Cit y Consent. Notwithstanding Su bsection

18.4, mortgages, deeds of trust, sales and leasebacks or any ot her form of conveyance required for any reasonable method of financing are permitted without consent, but only for the purpose of securing loans of funds to be used for finan cing or refinancing the development and construction of i mprovements related to the Pro ject and other necessary and related expenses. The holder of any mortgage, de ed of trust or other security arrangement with respect to the Property, or any porti on thereof, shall not be obligated under this Agreement to c onstruct or complete improve ments or to guarantee such construction or completi on, but shall otherwise be bound b y all of the terms and conditions of this Agreement. N othing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any impro vements thereon, other than thos e uses, and improvements provided for or aut horized by this Agreement, subj ect to all of the terms and conditions of this Agreement.

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

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

20. Severability. If any terms, provisions, conditions or cove nants in this Agreement, or the application ther eof to any Party or circumsta nces, shall to any extent be held invalid or unenforceable, the remainder of this Agreeme nt, or the application of such terms, provisions, conditions or covenants to persons or c ircumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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

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

23. Rules of Construction and Miscellaneous Terms.

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

23.2. Time of Essence. Time is o f the essence regarding each p rovision of this Agreement of which time is an element.

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

23.4. Covenant of Good Faith and Fa ir Dealing. Neither Party s hall do anything which shall have the effect of harming or injuring the right of the Party to receive the benefits of this Agreement; each Party shall refrain from doing anything which should render its performance under this Agreement impossible; and eac h Party shall do everything which this Agreement contemplates that such Party sh all do in order to accomplish the objectives and purposes of this Agreement.

23.5. Estoppel Certificates. Eit her Party may, at any time, an d from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the P arties; (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 o f its obligations under this Agreement, or if in default, to describe therein the nature and extent of any such defaults. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

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

23.6. Project Is Owner’s Underta king. The development proposed to be undertaken by Owner is a private development, and Owner may exe rcise full dominion and control over the Project subj ect only to the limitations an d obligations of Owner contained in this Agreement and the Project Approvals.

23.7. Entire Agreement. This Ag reement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 10 herein contains the entire agreement between the Parties and any agreement or representation respecting the matters dealt with herein or the duties of any P arty in relation thereto not expressly set forth in this Agreement shall be null and void.

23.8. Recitals. The Recitals s et forth in this Agreement are s pecifically incorporated into and made a part of this Agreement.

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

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

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

Nothing herein shall waive or limit the provisions of Section 18, and no successor owner of the Property, any portion of i t, or any interest in it shall have any rights except those assigned to the successor by the developer in writing pursuant to Section 18. In any event, no owner or tenant of an individual completed residential unit within Project shall have any rights under this Agreement.
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26. Attorneys’ Fees. In the event of any action between the Ci ty and Owner for enforcement or interpretation of any of the terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover it s reasonable costs and expenses, including without limit ation court costs and attorney s’ fees actually and reasonably incurred, as awarded by a court of competent jurisdiction. This Section shall survive the termination of this Agreement.

27. Counterparts. This Agreement m ay be executed in one or mor e counterparts, each of which shall be deemed an original, but al l of which together shall constitute one and the same instrument. This agreement, not co unting the Cover Page or signature page, consists of 28 pages and 6 Exhibits.

28. Hold Harmless Agreement.

28.1. Duty to Hold Harmless, Def end and Indemnify. Excepting a s to the extent any loss, property damage or injury arose from the City’ s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determi ned by a court of competent ju risdiction, Developer hereby agrees to defend, indemnify, and hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any l iability for damage or claims for damage for personal injury, including death, as well as from claims for property damage arising from this Agreement or alleged to have been caus ed by Developer or Developer’s contractors, subcontra ctors, agents or employees op erations under this Agreement, whether such operations be by Developer, or by any o f Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s contr actors or subcontractors.

Developer further agrees to defend, indemnify, and hold harmless the City and its officers and employees, from any third-party claim, action or proceeding against the City or its officers or employees to set aside, void, or annul, all or any part of this Agreement or any Project Approval.

In the event any claim, action, or proceeding is instituted against City, and/or its officers, agents, and employees, by any third party on acco unt of the processing, approval, or implementation of t he Project Approvals and/or thi s Agreement, then the Parties shall comply with Sect ion 17. As an alternative to def ending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings, and will cooperate fully in the defense thereof.

29. Prevailing Wages. Without lim iting the foregoing, Owner acknowledges the requirements of California Labor Code §1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of pr evailing wage rates and the perf ormance of other requirements on “public works” and “maintenance” projects, as defined. If on-site or off- site improvements pursuant to this Agreement are being performed by Developer as part of an applicable “public works” o r “maintenance” project, as de fined by the Prevailing cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)

Wage Laws, and if the total com pensation under the contract in question is $1,000 or more, Developer agrees to fully comply with such Prevailing Wag e Laws. Developer understands and agrees that it is Developer’s obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Developer’s request, the City shall provide a copy o f the then current prevailing ra tes of per diem wages.

Developer shall defend, indemnify, and hold the city, its elect ed officials, officers, employees, and agents free and harml ess pursuant to the indemni fication provisions of this Agreement from any claim o r liability arising out of any f ailure or alleged failure by Developer to comply with the Pr evailing Wage Laws associated wi th any “public works” or “maintenance” projects associated with Project development.

30. Recordation.

30.1. This Agreement and any am endment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effectiv e Date and within ten (10) day s after any amendment or cancellation hereof. Failure t o timely record the Agreement shall not constitute a default or invalidate the Agreement.
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IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “ C I T Y ”

C I T Y O F T H O U S A N D OAKS,
a m u n i c i p a l c o r p o r a t i o n
B y : __________________________________
M a y o r
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
“ O W N E R ”
B y : __________________________________
N a m e : _____________________ __________
T i t l e : _________________________________
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 a t t a c h e d , a n d n o t t h e 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 acknowle dged to me that he/she/they executed the same i n his/her/their authorized capac ity(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 a t t a c h e d , a n d n o t t h e 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 acknowle dged to me that he/she/they executed the same i n his/her/their authorized capac ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT “A”
Legal Description of Property
THE
PORTION OF LOTS 3 THROUGH 8 INCLUSIVE AND LOTS 13 THROUGH 17 INCLUSIVE IN BLOCK 35, GREENWICH VILLAGE NO. 2 IN THE CITY OF THOUSAND OA KS, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN BOOK 13, PAGE 14 O F MAPS, SHOWN AS PARCEL 1 OF MAPS, RECORDED IN BOOK 29, PAGE 5 OF PARCEL MAPS, IN

THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
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EXHIBIT “B”
Site Plan

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EXHIBIT “C”
Project Plan Set dated February 27, 2023
(Project Plans dated will be attached upon project approval. See Attachment #7.) cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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EXHIBIT “
D”
Conditions of Approval

COMMUNIT

Y DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Land
and Application – The General Plan Amendmen t; Development Permit; Protected Tree Permit; and Development Agreement are adopted, g ranted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated February 27, 2 023, attachment to the Planning Commission staff report dated March 27, 2023.

2. Scope of Permit Approval – A General Plan Amendment to allocate 54 residential dwelling units of citywide Measure E residential capacity to the subject property within Thousand Oaks Boulevard Specific Plan (Specific Plan No. 20); a Development Agreement specifying development performance; a Dev elopment Permit allowing the demolition of the existing commercial devel opment and the construction of a 73-unit apartment project with a density bonus, including eight (8) affordable units and three (3) live/work units, consisting of o ne building and a single-level semi-subterranean podium parking structure; a Protected Tree Permit to allow the removal of one (1) coast live oak ( Quercus agrifolia) and three (3) California sycamore ( Platanus racemosa) trees; and encroachment within the protected zones of twenty-four (24) trees, as shown on project plans labeled “Project Plan Set,” dated February 27, 2023, and the Tree Report (November 3, 2022) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approval shall only be effective once the Development Agreement is in effect.

3. Approval Period – The above permits are granted for the period identified in Development Agreement 2022-70822-DAGR and contingent on complia nce with the terms set forth therein.

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

5. Project Changes/Modifications – Minor changes to 2022-70269-DP and 2022- 70535-PTP may be approved by the Co mmunity Development Department, provided such changes achieve subs tantially the same results an d the project is still in compliance with the Specific Plan, including all development standards, and, cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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as applicable, the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

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

7. Compliance with Applicable Laws, Rules, and Regulations – In ac cordance with the vested rights as provided for in the Government Code a nd the Development Agreement 2022-70822-DAGR, the applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the in stallation, operation or maintenance of the residential 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 s ubmitted to the Community Development Department.

9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 2022-70822-DAGR.

10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, t hat the ninety (90) day prot est period commences upon the date of approval of 2022-70822-DP by the City.

11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project. Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, owner or designated project coordinator, a rchitect, project consultants, project landscape consultant general contractor and other representatives associated with t he 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 the appl icant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis unt il completion to the satisfaction of the Community Development Director. Work sh all not be

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discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.

13. Occupancy – No final inspection or occupancy permit shall be granted unti l 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 park on off-site p roperties or congregate onsite b efore and after the construction hours authorized he rein. Likewise, warming of equi pment engines shall not be permitted outside the permitted construction hours.

15. Approval Inclusion – The following shall apply:
 This approval, in its entirety as adopted, shall be included i n the initial plan- check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
 All agreements, obligations, c onditions, development standards , and use allowances contained in Specif ic Plan 20 and Development Agreem ent 2022-70822-DAGR shall apply to this approval.

16. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regul ated by, the City of Thousand O aks, which has established criteria and standar ds concerning development withi n the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including bui lding colors, materials, changes in walkways, doorway, window locations, or i n the parking, landscaping and other related f eatures, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future co rrective work and result in a City Code violation and appropriate action.

17. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees
to attack, set aside, void or annul an approval of the City sub ject to, and to the extent set forth in, the Development Agreement 2022-70822-DAGR. The City shall promptly notify the applicant of any claim, action or proceedin g and the City shall cooperate fully in the defense.

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

19. Affordable Housing Agreement – The applicant shall submit to the City an affordable housing agreement for review and approval by the Com munity 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 t he Applicant and City of Thousan d Oaks. Said Affordable Housing covenant shall incorporate the following con ditions 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 f uture owners.

B. The Affordable Housing Covenant shall require eight (8) unit s as affordable units. Two (2) units will be preserved at the moderate-income level of 120% of the Ventura County median income and six (6) will be preserv ed at the very-low-income level of 50% of the Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Reg ulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these eight (8) restricted un its for 70 years from the date the units initially become available for lease.

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

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

F. Affordable units should be dispersed throughout the developm ent in a manner acceptable to the City.

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

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

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20. Mitigation Measure Compliance – All applicable mitigation measures contained in Appendix C of the Thousand Oaks Boulevard Specific Plan (SP 20, Amended August 2016) shall apply to this entitlement.

CULTURAL RESOURCES

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

22. Native American Heritage Commission – If human bone is discovered during geologic testing or during constr uction, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are t hose 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 Commissi on, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

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

INCLUSIONARY HOUSING IN-LIEU FEE

24. Inclusionary Housing In-Lieu Fee – At the time of issuance of a building permit for each respective unit, the applicant shall pay the required Inclusionary Housing In-Lieu Fee pursuant to Section 9-10.302(b) and Section 9-10.306 of the Thousand Oaks Municipal Code.

RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2022-70269-DP

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

25. Direct Access from Unit Patios – All ground floor units on the first floor facing the southern parking lot must have direct access to the outside from the patio per plans, subject to approval by the Community Development Department. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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26. Setback standards – All development standards shall be satisfied to include the following per the submitted plan:

Development Standards - Setbacks
Adjacent
Street/ Use Required Provided Third
Floor
Front
(West) Long Court
8’ sidewalk + 10’
landscaped yard+
avg. 10’ at third floor
11’ 8” (with 5’
sidewalk)
Waiver
Requested
Avg.
10’
Rear
(East) Moody Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
10’ (with 8’
sidewalk)
Avg.
10’
Side
(North) Daycare/Vacant 4’ 54’ (at
daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A

27. Architectural Building Design – The architectural design shall comply with the building plans as shown in the a ttachments labeled “Project Pla n Set,” dated February 27, 2023, to the Planning Commission staff report dated March 27, 2023.

28. Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated February 27 , 2023 to the Planning Commission staff report dated March 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 limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the C ommunity Development Department. The applicant shall indicate the type o f finish on the revised plans and materials and colors sample board.

29. Building Wall Treatment – The building walls shall incorporate architectural treatment to create a visually interesting appearance as viewed from the surrounding properties and scenic corridors. The treatment sha ll include, but is not limited to, incorporating dec orative finish materials, vert ical and horizontal variation and decorative window trim. The design shall comply w ith the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped February 27, 2023.

30. Building Height – Average building height shall comply with the 50-foot maximum average height specified by Specific Plan 20. In this case, the plans dated February 27, 2023, show a maximum average height of 34 feet.

31. 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.

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32. Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditi oning, roof fans and any simila r equipment, shall be located within the mechanical equipment enclosures or obscur ed by roofing elements as depicted on “Project Plan Set,” date stamped February 27, 2023. Said equipment shall be screened from public view perspectives, incl uding Thousand Oaks Boulevard, Moody Court, Long Court, and the 101 Freeway. I n the event such equipment cannot be entirely screened from public view, th e applicant shall work with the Community Developm ent Department to provide alter native methods, including painting equip ment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is in tegrated with t he building de sign. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, b rochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

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

34. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certificati on on the City standard form shal l be prepared and signed by the applicant’s Civil Engineer and submitted to the P ublic Works Department. Said certificate s hall state that the graded pad de sign and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the gr ading plan/attachments labeled “Preliminary Grading Plan,” date stamped February 27, 2023, to the Planning Commission staff report dated March27, 2023.

35. 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 Department s to minimize traffic disru ptions and disturbances to the project ar ea. The exporting and importing o f any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active en titlement, and said grading is in accordance with Public Works Department approved plan for the project.

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

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37. APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Cont rol District (APCD) prior to b eginning any construction activity.

38. Final Detailed Grading, Paving and Drainage Plan Submittal – P r i o r t o issuance of a grading permit, a final detailed grading, paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Dev elopment and Public Works Departments.

39. City's Recycling Program – The project's owner shall participate in the City of Thousand Oaks recycling program, which collects cardboard, plas tics, glass and mixed paper and shall attempt to u se post-consumer building materials (recycled products) whenever possible in the construction of the project.

PARKING, ACCESS, AND DRIVEWAY

40. Required Parking – A minimum of 113 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped February 27, 2023. The number of required parking spaces is based upon the parking requirements for multi-family residential, as set forth by SP 20. All parking spaces and driveway aisles shall be designed in accordance with Sect ion 9.4-2404 of the Municipal C ode. 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 Sp ecific Plan. Any minor change to parking or future development on the subject property shall be reviewed and approved by the Co mmunity Development Department. Any substantial change may require the filing of a modification app lication to be considered by the Planning Commission.

41. 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.

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

43. Driveway – The design of the driveway and transitions are subject to re view and approval of Community Development and Public Works Departments.

44. 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 speed bumps. Said measures shall be cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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designed and shown on a signing and striping plan. The location and type of device(s) shall be designed and installed to the satisfaction o f the Community Development and Public Works Directors.

45. Parking Management Program – Prior to occupancy of the project, a Parking Management Program shall be desi gned and submitted to ensure th at proper parking assignments for tenants, guests, and employees are established within the parking structure and designated ext erior spaces, as well as ad dress timing and procedures for moving activities and moving-related vehicles/va ns for all residential, commercial tenants and live/work units. As part of the Parking Management Program, the applicant shall provide appropriate signage and develop an action plan to prevent parking from spilling off-sit e onto adjacent locations. Said program shall be subject to the review and app roval by the Community Development, Public Works and Police Departments.

LANDSCAPING, FENCES, AND WALLS

46. Walls and Fencing – Fences and walls shall have a maximum height of six feet.

Where a solid fence or wall is provided, it shall be designed w ith both sides articulated, and with similar or complementary materials and colors to those used on the existing or proposed buildi ngs. Chain link fencing is pr ohibited. The gate for the transformer enclosure shall be solid to conceal the interior area from public view. Said gate shall be decorative material and is subject to review and approval by the Planning Division of the Community Development Department.

47. 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 for Landscape Planting and Irrigation Resolution No. 2007-116). All landscape plans shall demonstrate complianc e with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project en titlements shall be submitted under separate permit for review and approval. Said p lans 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.

48. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24) , all manufactured slopes shall be landscaped with drought resistant native plant s materials including tree c lusters and ground cover and provided with a pe rmanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months foll owing the completion

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of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be su bmitted under separate permit f or review and approval by the Community Development and Public Works Departments.

49. Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques, i.e. dr ought-tolerant low water-using p lants. The use of lawn, grasses, and turf shall be minimized. Landscape irrigatio n systems shall likewise be designed using low out put sprinklers and/or drip au tomatic timed controls. All landscaping and irri gation plans shall demonstra te compliance with the State of California Model Water Efficiency Landscape Ordina nce (MWELO), with all applicable calculations provided on the cover sheet.

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

51. 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 submit ted for the review and approv al of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping. Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

52. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot h igh 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 constructi on and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Depar tment. The applicant shall be re sponsible for pick-up of trash and debris on a w eekly basis during building c onstruction operations.

LIGHTING

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

54. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordi nance utilizing decorative light fixtures with he ights not to exceed fourteen ( 14) 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, at least three (3) feet from parking surfaces. All pedes tals shall be painted the same color which shall complement one of the main wall colors of the buildings, cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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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 saf ety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorat ive, oriented in a downward d irection, and downward shielded. Prior to issuance of a parking lot electrica l permit, a photometric analysis and light fixture catalogue cuts and speci fications shall be submitted to the Planning and Building Divisions for review and approval.

55. Decorative Lighting Above Public Area – Low intensity lighting may be provided above and across the public exterior space.

56. Lighting on Roof Top Terrace – No roof illumination shall be permitted except as otherwise needed to comply with building security requirements. The design and location of such fixtures shall be subject to review and approval of the Community Development Department prior to the issuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop areas may be illumin ated subject to the following:
 Cut-off shields shall be installed/maintained on each side of the light fixtures visible from the parapet wall perspectives;
 Motion sensors shall be installed to limit operation of the li ghting to times activity is detected on the roof top areas. Lighting shall be o ff when no activity is on the rooftop; and
 Stand-alone light standards shall not exceed 10’-0” in height.

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

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

58. On-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Commu nity Development Department for review and approval prior to installation.

59. Light Source – Use of bright white, high int ensity LED or metal halide lighting is prohibited.
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SIGNS

60. All Signs – All site and building signage shall comply with Specific Plan 20 and shall be designed to meet the Precise Plan of Design Guidelines (Res. No. 2006- 108), and as specified in the Thousand Oaks Municipal Code. The design, color and location of all site and building signs as well as address numbers shall be processed under separate permits. A sign permit application shall be submitted to the Community Development Department for review and approval. 2022-70535-PTP CONDITIONS

61. Scope
of Permit Approval – The Protected Tree Permit is granted to allow the following:
 Removal of one (1) coast live oak ( Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees;
 Encroachment into the protected zones of twenty-two (22) Oak trees; and  Encroachment into the protected zone of two (2) California sycamore trees.

62. Oak Tree Replacement – The applicant shall provide two 24-inch box and one 36-inch oak replacement tree for each Coast Live Oak ( Quercus agrifolia) tree removed. Total of three replacement trees are required.

63. Landmark Tree Replacement – Each landmark tree that is removed shall be replaced with two 24-inch box sycamore trees and one 36-inch oak sycamore tree.

For those trees unable to be located on site the applicant shall provide the dollar value per the formula below to compensate for the removal of th e tree as a cash donation to Conejo Open Space Conservation Fund to be used toward open space land acquisition.

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Description Amount
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
36’” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 863
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 863
Total $ 2,054
Grand Total x Per to be removed $ 5,010
*Prepared 3/2023 – Total price to increase three percent (3%) annually

64. Mitigation Oak and Landmark Tree Location Map – Prior to issuance of a grading permit, the applicant shall submit a mitigation tree lo cation map demonstrating the location of the replacement trees.

65. Oak Tree Removal and Encroachment – The removal and encroachment into the protected zones of oak trees for the construction of the ne w multi-family residential building, utilities, and associated development is hereby approved.

66. Preservation of Existing Oak and Landmark Trees – The preservation of two (2) coast live oak trees, identified as trees numbered 19 and 2 i n t h e O a k & Landmark Tree Report, is authorized under this permit. These oa k and landmark trees will require pruning to accommodate the construction acti vities and for the overall long-term health of the trees which is also approved un der this permit.

Appropriate work methods and moni toring are required as describ ed in the Protected Tree Report dated No vember 3, 2022, prepared by Richa rd Ibarra, I.S.L.A.

67. Mitigation Tree Maintenance and Monitoring – The required mitigation trees shall be monitored for a period of five (5) years. An irrigation system designed for “dryscape” planting shall be installed for successful oak estab lishment, which generally involves a drip-system irrigation for managing water distribution near the oak trees and does not include wat ering during summer months wh en natural

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rainfall would not be abundant. Maintenance shall include leav ing the leaf-litter build-up or a 3-inch layer of mulch under the canopies of the oak trees to promote healthy tree growth and root development.

Monitoring shall be performed by the applicant’s oak tree consu ltant and monitoring shall entail visits at quarterly intervals for the f irst two (2) years and biannually for the next three (3 ) years. The applicant’s oak t ree consultant shall submit to the Community Devel opment Department a semi-annual re port regarding the conditions of the oak trees.

68. Oak Tree and Landmark Tree Preservation and Protection Guidelin es Compliance – Unless otherwise approved by the Community Development Department, all construction activities to or near an oak or la ndmark tree shall conform and abide by the City of Thousand Oaks, Preservation an d Protection requirements as specified in Articles 42 and 43 of Chapter 4 of T i t l e 9 o f t h e Thousand Oaks Municipal Code.

69. Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected by the pr oposed improvements.

70. Site Monitoring – Unless otherwise modified herei n, all authorized pruning and encroachment activities shall be conducted in accordance with t he conditions contained herein. All work shall be monitored by the applicant ’s oak tree consultant and follow the reco mmendations contained in the appl icant’s oak tree report labeled Oak & Landmark Tree Report dated November 3, 202 2, prepared by Richard Ibarra, I.S.L.A.

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

72. Root Preservation – If “saved roots” must stay exposed for longer than one day then they shall be wrapped in burlap (or similar) and kept moist. During excavation for construction improvements, if an oak tree root over two inches (2") in diameter is encountered, the Planning Division of the Community Development Department shall be immediately contacted to conduct a field inspection to determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees.

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73. Excavation in Protected Zones – Unless otherwise waived by the Community Development Director, all excavation and construction activity within the protected zone of the existing oak and landm ark trees shall be performed with the use of hand tools only, in accordance wit h the Oak Tree Preservation a nd Protection Guidelines Resolution, No. 2010-14, and observed in progress by the applicant’s oak tree consultant.

74. Herbicides – No herbicides shall be used wit hin one hundred feet (100') of t he dripline of any oak and landmark tree.

75. Storage of Materials – No storage of materials is permitted within the protected zones of any oak tree.

76. Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak t ree except as otherwise authoriz ed by the Community Development Department.

77. 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.

78. Written Certification – The applicant’s oak tree consul tant shall certify in writing that all conditions of this Oak Tree Permit have been met and t hat 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

GENERAL

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

80. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, st andard and procedures for the design and cons truction of City roads, drain age facilities and appurtenances. The design engineer shall review the methods an d procedures contained in the Road Standards, where not considered applicabl e , t h e d e s i g n engineer shall request an exception from these standards in writing to be approved

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by the City Engineer. Said Road Standards are available for dow nload at www.toaks.org/roadstandards.

81. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewate r which are affected by the subject projec t will be updated by the City to reflect the new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.

82. Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum . The name of the firm which prepared the topography and the date(s) on whic h the data was compiled or ob tained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

83. Title Report – A copy of the applicant’s preliminary title report for the su bject property, dated within 1 year of the entitlement application, s hall be submitted to the Public Works Department for review prior to grading plancheck or the issuance of any Building or Grading Permits.

84. 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, storm water, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

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

WATER AND WASTEWATER

86. Water Service – In order to obtain water service, the applicant shall pay fo r the Cost of the Water Meter Deposit plus the City’s Water Plant Investment Fee, at the rates in effect at the time of payment, prior to issuance of a building permit.

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Additional fees for special facilities zones and fire flow surcharges may also apply.

The applicant shall also pay t he established change order fee f or updating the plans for this new lateral.

87. Water Mainline Extension – Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at the south end of the project. A 15-foot easement shall be dedica ted to the City of Thousand Oak s for waterline maintenance purposes.

88. Location of Water Meter Boxes - Water meter boxes may not be located within driveways. It is the responsibility of the applicant and his e ngineer to properly coordinate and locate all water service lateral locations such that there is a single, unbroken/unrepaired service line between the main in the street and the meter box to each residence or building. In the event the configuration of the proposed house or building is revised and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, folding an d crimping this remaining porti on of the service lateral and soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed and the area returned to a condition acceptable to the water purveyor. If service la terals are relocated, the applicant’s engineer shall process a change order and pay a ny applicable charges for said change order.

89. Fire-Flow Verification - The applicant shall pay the Department a fee for calculation and verification of t he existing water system to de liver required fire flows. In the event the fire flow, as determined by the Ventur a County Fire Protection District, cannot be met utilizing the existing syste m, the applicant shall design and install new water main( s) of sufficient size and len gth, as determined by the Department, to provide said fire flow. A completed copy of the above- mentioned fire flow calculation must be provided to the Departm ent before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be checked or processed unless these calculations, alo ng with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Department, are submitted.

90. Fire Hydrant Upgrade - Applicant/Owner shall coordinate replacement of the existing fire hydrant located on Long Court near the proposed s outherly driveway of the project. The existing 2½"x 4" two-way hydrant shall be replaced with a 2½"x 2½"x 4" 3-way hydrant at no cost to the water purveyor.

91. Concrete Pads Around Fire Hydrants - Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolith ic sidewalks are required), or within commercial areas, the applicant shall install a 4-inch (minimum) cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the f ire hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend f rom the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks.

The hydrant and concrete pad must be located within a specific easement, right- of-way, or public service easement shown on the tract map or de dicated by separate instrument dedicated to or usable by the respective wa ter purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.

92. Separate Irrigation Meter - This project shall require a fully separate water meter for irrigation and landscaping. Said irrigation meter will req uire all water permit fees to be paid, each service lateral and meter box installed a nd approved by the City Public Works Inspector, and the appropriate backflow devic e(s) installed, tested and certified (by an approved independent testing firm h ired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the a pplicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Sect ion 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.

93. Cross Connection Device - The applicant shall design and construct new backflow connection devices for the project’s irrigation water as well as fire sprinkler systems. Prior to the issuance of clearance for occu pancy by the Department, all cross-connection control devices must be inspected and approved by the Cross Connection Control Specialist of the County of Ven tura, telephone 805.654.2436 (MC 10-2.600). Full right of access and entry to the cross- connection device shall be granted to the Public Works Department.

94. Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the desire of the applic ant to reuse these laterals as part of the proposed project, the applicant must de monstrate to the satisfaction of the Department that the lateral(s) are in accep table condition (no broken pipe, no root intrusion, etc.). These laterals must be m ade of copper; all poly services must be abandoned at the main under Department in spection and the meter boxes removed.

95. Procedure for Determination of Wastewater Fees - Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee esti mate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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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. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid.

96. Usefulness of Existing Wastewater Laterals – Where there is an existing wastewater lateral(s) serving the subject property and it is th e desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Department that the late ral(s) are in acceptable condition (no broken pi pe, no root intrusion, etc.). This can best be done by utilization of a television video from a point on the subject property to the main, or by excavating the lateral at the property line and mak ing a visual inspection of the lateral. Other methods may be utilized but a r e s u b j e c t t o Department approval. If the lateral is acceptable to the Depar tment, it may be reused; where it is not acceptabl e, a replacement lateral must be constructed or the existing lateral renovated (such as by use of pipe bursting technology).

Laterals that are not appropriate for re-use must be abandoned at the main under Department inspection.

DEVELOPMENT ENGINEERING

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

98. Annexation to Lighting and Landscape District - In order to mitigate the impacts of this project and to have this project pay its fair share of maintenance costs for existing and future street li ghting and landsc ape improvements t h a t p r o v i d e a benefit to the property, the app licant is hereby notified, cons ents to and agrees that the real property subject to this entitlement will be anne xed into the City’s Lighting and Landscape Assessment District No. 79-2 at the next annual renewal of the District (typically June of each year). Said annexation will occur only if the City has given final approval to this entitlement. Prior to recording the final map or the issuance of any subsequent City permit needed for this proj ect, whichever event occurs first, the applicant shall sign an annexation pre- submittal form, as provided by the City, agreeing to the unconditional annexation of the real property to said District. Applicant shall also post with the City a ca sh deposit or other security, as approved by the City, that could equal up to 2 years of maintenance costs for the property, based on City’s estimate of all expenses associated with the improvements for the period City deems appropriate, in order to guarantee funding for maintenance by City of lighting and landscape improvements that provide a benefit
to the property. Said deposit or security shall remain in a separate City fund until such time as the property is annexed into said Distr ict. Until said cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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annexation is complete, City shall draw on a yearly basis those amounts necessary for maintenance of said improvements. The balance of funds remaining at the time of annexation, not including any accrued interest, shall be ref unded to the applicant, If annexation is not accomplished, said funds shall be used at City’s discretion to pay for maintenance of said improvements. Upon receipt of ballot(s) transmitted by the City in accordance with annexation proceedin gs, the applicant shall not oppose the assessment or the assessment formula for t he subject property (as calculated in accor dance with Article XIIID of the California Constitution), said ballot(s) shall be signed and returned to t he City prior to the scheduled public hearing, per the instructions outlined on the ballot(s). An annual assessment may be placed on the tax rolls by the City. The app licant, and/or applicant’s successor in interest, heirs or assigns shall be re sponsible to pay all applicable charges for annexation of said property to said District.

99. Permission for Offsite Construction - Prior to the issuance of a grading permit, written permission for all proposed offsite construction along with any required easements from the owners of the affected property shall be submitted to the City Engineer.
100. 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 whic h or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operati on (times of day, days of th e 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. 101. Grading Permit and Soils Certification - The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports , supporting hydrology and hyd raulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / si te stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed improvem ents, drainage features, water /wastewater connections and laterals, existi ng easements, interface with ad jacent properties, storm
drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estim ate worksheets, the required plancheck and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the gradin g is complete, the applicant shall submit a building pad compaction report and a r ough grading cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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certificate from the soils engin eer prior to issuance of a buil ding permit. Grading bonds shall be exonerated after sa tisfactory completion of the project punchlist items, which are generated afte r the applicant’s engineer provi des a submittal of the final Record (as-built) Drawings.
102. On-site Run-off - On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing storm drain system to the maximum extent practicable, as approved by the City Engineer (M.C. 7-3.09 and 7-3.21). 103. On-Site Drainage Design - Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) f or the purpose of establishin g on-site storm flows. The CFS-per-acre unit discharge in the Master Plan shal l be used when preparing the Q10 (developed) discharge flows and for the detention calculations up through Q100.
104. On-Site Drainage - Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.
105. Drainage Study - The applicant’s engineer shall pr epare a hydraulic/ hydrolog y analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retent ion/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess suff icient capacity to pass the Q10 (developed) and to demonstrate that no new floodin g will occur adjacent to or upon the property during a Q100 event as a resul t of development.

The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.
106. 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 consi dered under special circumstances as determined by the Public Works and Community D evelopment Directors (MC 9-4.2405).
107. Parking Structure Drainage – The City prohibits the discharge of pressure- washing effluent, antifreeze and motor oils into either the was tewater system or storm drain system. Inasmuch as these are the anticipated disc harges from the interior of the parking struct ure, the applicant shall incorpor ate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conformance with all local, s tate and federal regulations. The roof and other surfaces of the parking structure directly exposed to
rainfall may be drained and discharged in accordance with NP DES design parameters for a normal, rainfall-exposed surface parking lot. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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108. Building
Pad Protection - The project engineer must provide analysis to demonstrate building pad protection from Q100 flows. On-site discharges (including roofs, etc) shall be detained behind a wall, graded barriers or curb, and metered through a weir or other controlling device, constraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).
109. Detention of Onsite Storm Flows - The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite cat ch basin(s) and conveyances which will pass only the Q10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention m ethod is available for this site.
110. 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.
111. Sidewalk Construction – The existing five-foot sidewalk on Long Court and Moody Court shall be removed and replaced with an eight-foot wide sidewalk per City Standard Plate 8.3. Additional right-of-way or easement shall be dedicated to the City to include the additional sidewalk width.
112. Driveway Construction - The proposed driveway shall be constructed per Plate No. 6-1 and 6-4 of the Road Sta ndards. The sidewalk must conform to the cross section as shown on Plate 6-4 and the applicant must grant an additional easement to the City covering the entire length of the sidewalk across t he driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) p rior to initiating construction of said driveway improvements.
113. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the per mit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
114. NPDES Permit Compliance – NPDES Permit Compliance - Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Poll utant cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management pract ices in accordance with the l atest applicable version of the Countywi de Stormwater Program “Techni cal Guidance Manual” and the California Stormw ater Quality Association (CASQ A) “BMP Handbooks” and/or other approved reference documents cited in Permit No.

CAS004002 (M.C. 7-8.302).
115. BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that t he 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 m ethod recommended in the “ California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993) ” and the “ Ventura Countywide Stormwater Quality Managem ent Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”
116. Landscaped Areas / Roof Drains - Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution.

Unless otherwise recommended in the soils report, on-site stormwater discharges (including roof drains if applicable) shall be directed toward landscaped areas.

Applicant may employ pervious landscaping design, rainfall capture pocket- planters, and other L.I.D. techniques and measures to the maxim um extent practicable.
117. Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Storm water Covenant and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilities for ongoing maintenan ce of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required f o r implementation of Best Management Practices. Contained within the Covenant and Deed Restriction must be a de scription of the BMP’s that ar e being provided as part of the project, a descr iption of the inspection and mai ntenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of buildin g/paving/grading permits (MC 7-8.401(c)).
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118. Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of a ny clearing, grading or excavation for all projects that disturb over 1 acre , the applicant/owner shall submit a Notice of Intent ( NOI) to the California State W ater Resources Control Board, Storm Water Pe rmit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009-DWQ including amendments). The applicant/owner shall provide the City with a WDID number or pr oof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparati on of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Ma nagement Practices prior to starting work on the si te. 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 Ident ification and Response

TRAFFIC
119. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits.
120. Gated Entrance – The design of any gated entranc e shall comply with the City standards subject to review and approval of the Traffic Enginee r, Ventura Fire Department and the Department of Community Development. Any use of decorative pavers as paving material and located around a central planter shall be subject to review and approval by the Department of Public Work s. No pavers shall be located in the path of travel for the physically challenged. Should the gate interfere with traffic safety on the public street they will be removed at the property owner’s expense.
cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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SUSTAINABILITY
Solid Waste Collection and Diversion Requirements
121. T
rash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Servic es, the City’s trash hauler, indicating they have reviewed the project plans and tha t the enclosure locations and orientation as shown are acceptable to their comp any for purposes of trash and recyclables pick up. Contact Athens Services at (8 05) 852-5264, or visit their Sustainability Center at 2251 E. Thousand Oaks Blvd. 122. Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existi ng 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 fo r 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 mat erials, including but not limited to, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used. For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.
123. Trash Enclosures - Solid Waste, Recycling and Organics Collecti on – Required: American with Disabilities (ADA) accessible, covered 3-bin enclosures with a ramp are required for the collection of solid waste, rec ycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for sour ce-separated 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 clea rances. Resident access to Waste Enclosures serving MFD-C or MXD developments vi a walk-up shall be located no further than 150 feet from the front door o f the furthest residential unit served as measured along the accessible path of travel. 124. Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler. 125. Required - Operational recycling plans are required before occupancy. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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Water and Irrigation
126. 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 pe r week outside irrigation and requires the use of drip/low flow irrigation. If the drought continues, all outside irrigation could be eliminated. Please visit www.toakswater.org for more information on restrictions. Note that our water conservation o rdinance has restrictions that exceed MWELO requirements and the developer s hould design their palette to thrive on once a week low-flow irrigation only . Trees should be on separate zones so they can be operated separately in the event that additional restrictions are added.
127. Low-flow/low volume Irrigation – Sprinklers including rotators are prohibited within the City please review t he specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation.
128. Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. How ever, installing the smaller s hrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings.
129. Turf /Grass – State law now prohibits the watering of non-functional turf in commercial developments. A waiver from the Sustainability Division is required to use potable water for turf. The waiver must include an explanation of why it is "functional turf". Include a description of the subsurface irri gation system or mechanism to irrigate. In planning for the future, turf areas s hould be minimized and established on separate valves for easier shutoff during droughts. 130. Dust
control – Refer to Ventura County Air Poll ution Control District methods of dust control for eligible methods, for the duration of the wate r restrictions.

Alternatives to the use of use of potable water during construc tion should be the primary methods employed. If potable water is needed a hardship w a i v e r i s required and must explain when potable water will be used in th e different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.
131. Electric Vehicles – 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apartments are approved t o be occupied. 20% of the parking spaces will be EV Capable (25 spaces). 35% of the parking spaces (44 spaces) will be EV Ready.
132. General – Owner will install all electric appliances for all 73 residential units. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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VENTURA COUNTY FIRE PROTECTION DISTRICT
133. Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures. 134. 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 with adopted Amendments and the City of Thousand Oaks Public Works Water Works (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit b y having them fill out VCFD Form #625, Fire-Flow Verification.
135. Building Plan Review - B u i l d i n g p l a n s o f a l l A , E , I , H , R - 1 , R - 2 , o r R - 4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 136. Emergency Planning and Preparedness - The owner/applicant and all occupants of buildings shall comply with the Fire Department re quirements for Emergency Preparedness Requirement s as indicated under the Cali fornia Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec

3.09. All required records and doc umentation shall be available for review by the Fire Department upon request.
137. Access Point(s) on Roads - Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building.

Exception: The distance shall be permitted to be extended to 250 feet whe n the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.
138. Aerial Apparatus Access - Private roads shall comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30 feet in height above the l owest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is great er. One aerial apparatus acces s road shall be provided per 50,000 square feet of building area. Aerial appara tus access roads shall have a minimum unobstructed width of 30 feet, exclusive o f shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and a maximum of 30 feet f rom the building. Aerial apparat us access roads shall be positioned such that they are parallel to the entire side of the building. The
side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Land scaping and other improvements between the required access and the buildings shall not interfere with aeri al ladder fire apparatus operations, as approved by the fire district. 139. Mitigation to Aerial Fire Apparatus Access Roads - The fire code official is authorized to reduce the requir ed width to not less than 24 feet when all the following are provided.
 Automatic fire sprinklers are installed throughout the structu re in accordance with NFPA 13.
 Fire sprinkler standpipes are provided on all floors and through to the roof.  Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure. 140. Turning Radius - The access road shall be of sufficient width to allow for a 40- foot centerline turning radius at all turns in the road. 141. Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%. 142. Vertical Curve - The vertical curve of a fire apparatus access roads serving commercial and industrial occupancies shall not allow for trans itions between grades that exceed 6% elevation c hange along any 10-foot sectio n. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.
143. Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 144. Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.
145. Access Road Certification - The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant str uctures which supplement the roadway bed or shoulders, shall be certified by a registered civil engineer as having an all-weather surface in conformance with the City of Thousand Oaks Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.
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146. Fire Lanes - Prior to construction the app licant shall submit two (2) sit e 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 California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
147. Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the California Fire Code, Appendix C and adopted amendments. On-site fire hydrant s may be required as determined by the Fire District
148. Fire Hydrant Design (Commercial, Industrial, Multi-family build ings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
 Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
 The required fire flow shall be achieved at no less than 20-ps i residual pressure.
 Fire hydrants shall be spaced 300 feet on center and so locate d that no structure will be farther than 150 feet from any one hydrant.  Fire hydrants shall be set back from the curb face 24 inches on center.  No obstructions, including walls, trees, lights, signposts, an d meters shall be placed within three feet of any hydrant.
 A concrete pad shall be installed extending 18 inches in all d irections from the fire hydrant.
 Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
149. Fire Sprinklers - All structures shall be provided with an automatic fire spri nkler system in accordance with current V CFPD Ordinance at time of building permit application.
150. Standpipe Systems - Standpipe systems shall be installed in accordance with California Building and Fire Code requirements.
151. Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s eas ement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of 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 Standards.
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152. Fire
Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 153. 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. 154. Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with California Bui lding Code and California Fire Code requirements.
155. Fire Extinguishers - Fire extinguishers shall be installed in accordance with California Building Code and California Fire Code requirements. The placement of extinguishers shall be subject to review by the Fire District. 156. Panic Hardware - All exit doors shall be prov ided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons. 157. Walkways - Approved walkways shall be provided from all building openin gs to the public way or fire department access road/driveway. 158. Exterior Exit Stairway - Emergency escape and rescue openings shall be provided in Group R occupancies. Such openings shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not re enter a building. An exterior exit stairway is required to provide a path of egress from the podium deck to grade and ground ladder access to the podium deck.
159. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to re ach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level. 160. Walk and Pedestrian Gates - If gates are to be locked, a Knox system shall be installed. The method of gate c ontrol, including operation duri n g p o w e r f a i l u r e (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approv al prior to installation.

A final acceptance inspection by the Fire District is required prior to placing any gate into service.
161. Address Numbers (Commercial, Indus trial, Multi-family buildings) - Building address numbers, a minimum of t en inches (10") high, shall be i nstalled prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gol d-plated
numbers shall not be use d. Individual unit
numbers shall be a minimum of 4 inches in height and shall be posted at the front cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
162. Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shal l be in accordance with Fire District Addressing St andards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation. 163. Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 164. 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.). 165. Knox Device - Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

POLICE DEPARTMENT
166. POOL ACCESS – Pool access will be controlled by key-fob or similar device to reduce trespasser access. The pool will be surrounded by a dec orative fence of no less than 6 feet in height, with the same CPTED “2 foot / 6 foot” rules of landscaping to apply.
167. UTILITY ROOMS AND ENCLOSURES – All exterior utility rooms and enclosures containing electrical and telephone equipment shall be kept locked at all times. 168. 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 parking areas and building from adjacent streets. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot ” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area well- lit during darkness hours.
169. DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, whic h will cover the opening between the doors. The attachment of the astragal shal l comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of
the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent re moval of the door from the outside by removing the hinge pins.
170. ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly contrasting color to the background on which they are attached, and shall be illuminated from dusk to dawn by a permanent, dedicated light source.
171. ELEVATORS – Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the interior prior to entry, and shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order t o accommodate a standard sized medical gurney and emergency response personnel. 172. STAIRWELLS - Stairwells leading to additional floors in the enclosed area s 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.

Additionally, any stairwell or doors leading from the public ar ea to any residential area is to be accessed by key-fob, key, punch code or other con trol device as to restrict access from the general, non-residing public. This in cludes all exterior doors on the perimeter of the residential portion of the project. The doors will have emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sheriff’s Dispatch at 805- 654-9511 if coded.

Any code changes need to be provided to Sheriff’s Dispatch ASAP 173. TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed and locked during non-business hours to discourage, loitering, ille gal dumping and theft. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
174. UNDERGROUND PARKING – For the residents, will have a motorized gate to limit free and unrestricted access from persons not having business at the location.

The garage area will have emergency access to the gate via a “K nox Box” or similar security device. A generic code for gate access will al so be provided to Sheriff’s Dispatch at 805-654- 9511. Any code changes need to b e provided to Sheriff’s Dispatch immediately.
175. PARKING STRUCTURES – Install a digital, color, CCTV security camera system on each level of the parking structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egress and ingress points. Cameras shall provide good image quality during all hours of operation. It shall be a requirement that a minimum of the past 72 hour s of recorded activity be ret ained by staff and be available upon request by the Police Department. The interior staircases shall be
of the open construction variety in order to minimize blind spots and areas of cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
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concealment. Security mirrors shall be placed in the stairwell s and parking structure interior.

All exterior openings in the structure's walls shall be secured with decorative metal grids to minimize unauthorized pedestrian entry. The concrete flooring of the structure shall be rough swirled to prevent skateboarding, rollerblading, etc.

For the safe movement of vehicles and pedestrians, lighting lev els should be evenly distributed to provide uniform illumination of the entire parking area. Care should be given to prevent the casting of glare and spillover lighting outside of the structure. The applicant shall comply with the following light ing requirements in the proposed parking structure:
 A minimum five-foot candles at the floor level shall be provided on interior driving aisles, at all times.
 The roof parking area shall have a minimum maintained one-foot candle at floor level during hours of darkness.
 Interior parking spaces at barrier and railings shall have a m inimum maintained one-foot candle at floor level at all times.  Stairways, ramps and exits shall have a minimum maintained ten-foot candle at floor level at all times.

The lighting for the parking structure shall be controlled by p hotocell and shall remain on during hours of darkness and diminished lighting.

It is recommended that the interior walls and ceiling of the pa rking structure be painted with a light, reflective color to maximize lighting efficiency.

All entrances to the parking stru cture shall be posted with sig ns indicating the structure is under 24 hour video surveillance. All driveway ent rances shall be posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property.
176. PARKING – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicating the California V ehicle Code will be enforced. To discourage theft and vandalism, the parking lot shall be fenced. The use of chain link is discouraged. Access shall be through a ga te equipped with key card reader. Entry logs shall be retrievable and presented to the Thousand Oaks Police Department when necessary.
177. OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department. *****
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EXHIBIT “E”
Greens Initiative Outline
 Central Location with Readily A ccessible Transit and Walkabili ty to Thousand Oaks Boulevard
 Non-smoking residences
 All electric residential units
 Electric Vehicle Charging Stations – 5% of total Parking per Title 24 requirement  Electric Vehicle Capable Spaces with conduit – 20% of total Pa rking (10% above Title 24 requirement)
 Electric Vehicle Ready Spaces with conduit and receptacles – 35% of total Parking (10% above Title 24 requirement)
 Dedicated Car-Sharing Program to reduce single occupancy trips  Rooftop Solar Farm per Title 24 requirement
 Environmentally Sourced Materials
 Increased Tree Canopy to Reduce Heat Island Effect and Improve Air Quality  Added Open Green Space to Increase Permeability
 Plant Materials to Increase Pollinators and Biodiversity  Pathways and Open Spaces to Improve Physical and Mental Health  High-Efficiency Roofing to Reduce Heat Island Effect
 Native & Drought Tolerant Landscaping with Efficient Irrigation Systems  Rainwater Management System for Irrigation
 Enhanced Air Filtration Program
 High-Efficiency Water Conservation Program
 LED Lighting
 Indoor & Outdoor Green Cleaning & Maintenance Program  Collection & Sorting of Debris & Trash to Divert Waste from Landfills  Indoor/Outdoor Bike Parking Provided as required by state and local law. cdd:600‐60\420‐780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023‐03‐27\Long Ct\Long Ct 2022‐70269 Attach 6.doc\pz [FILE ID: 2022‐70822‐DAGR)
Page lxix
EXHIBIT “F”
2022 Ventura County Income Limits Chart
2022 Ventura County Income Limits
A
nnual
Income
1 Person
H
ousehold
2 Person
H
ousehold
3 Person
H
ousehold
4 Person
H
ousehold
5 Person
H
ousehold
6 Person
H
ousehold
7 Person
H
ousehold
8 Person
H
ousehold
A
cutely Low
(15%)
$
12,100
$
13,850
$
15,550
$
17,300
$
18,700
$
20,050
$
21,450
$
22,850
E
xtremely
Low
(30%)
$
26,350
$
30,100
$
33,850
$
37,600
$
40,650
$
43,650
$
46,650
$
49,650
V
ery Low
(50%)
$
43,900
$
50,200
$
56,450
$
62,700
$
67,750
$
72,750
$
77,750
$
82,800
L
ower
(80%)
$
70,250
$
80,300
$
90,350
$
100,350
$
108,400
$
116,450
$
124,450
$
132,500
M
edian
(100%)
$
80,800
$
92,300
$
103,850
$
115,400
$
124,650
$
133,850
$
143,100
$
152,350
M
oderate
(120%)
$
96,950
$
110,800
$
124,650
$
138,500
$
149,600
$
160,650
$
171,750
$
182,800
ATTACHMENT #7
(To the PC Staff Report of 3/27/2023)

cdd:600-60\420-780\ns\H:COMMON\Planning Commission\Agenda Packet\2023\2023-03-27\Long Ct\Long Ct 2022-70269 Attach 7.pdf\\pz[FILE ID: 2022-70822-DAGR) `
TO:

Justine Kendall, Associate Planner
FROM: Kathy Naoum, Transportation Planner
DATE: July 11, 2022
SUBJECT: DP 2022-70269 86 Long Court
Traffic Impact/Trip Generation Analysis
The proposed project is located at 86 Long Court and would demolish the existing 20,248 square feet of commercial office use to construct a 73-unit apartment building. This memo summarizes the net trip generation estimate for the site based on this development proposal.

Trip Generation
The site’s
trip generation estimates were derived from the 11 th Edition Manual of Trip Generation published by the Institute of Transportation Engineers (ITE) Land Use #710.

For this analysis, the P.M. peak hour trip generation rates are presented since the City current administrative policy (Vehicle Miles Traveled (VMT) Ana lysis for CEQA Compliance) for requiring traffic impact studies or Vehicle Mil es Traveled analysis considers the trips generated during the P.M. peak hour. A copy of the administrative policy is attached to the memo.

Existing Trip Generation
Table 1 summarizes the estimated number of P.M. peak hour trips generated by the existing use, which closed in 2021. There were 29 P.M. peak hour trips generated by the previous industrial use.

Table 1
Trip Generation - Existing Land Use
ITE Land Use Number and
Type of Use
Number of
Square Feet
PM Peak Hour
Rate per KSF Trips
710 General Office 20,248 1.44 29
Table 2 summarizes the estimated trips for the proposed 73 dwelling unit apartment building. According to the ITE trip rates, the project is estimated to generate 41 trips during the P.M. peak hour.

ATTACHMENT #8
To the PC Staff Report of 2/27/2023)
DP 2022-70269 86 Erbes Road
July 11, 2022