Thousand Oaks City Council
April 25, 2023

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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 INVESTMENT, 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, understandings, and intentions of the Parties.

ATTACHMENT #2
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A. The State of California adopted the Development Agreement Act to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Beginning with California Government Code Section 65864, the Development Agreement Statute authorizes City and an applicant for a development project to enter into a binding development agreement establishing certain development rights in the real property that is the subject of the development project application. City has also codified the process of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (“TOMC”).

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

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

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

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

F. On April 27, 2021, the City Council adopted Resolution No. 2021-015, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the General Plan Allocating 55 Measure E Units From The City Wide Capacity To The Thousand Oaks Boulevard Specific Plan ( SP 20), and Allowing Concurrent Processing of Entitlement 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 approved LU 2021-70182 and RCA 2021-70181, allocating 55 residential dwelling units from the Citywide Measure E Residential units to the Thousand Oaks Boulevard Specific Plan 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 regulations of City and State law.

H. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of 88 Long Court, Thousand Oaks, California A.P.N. Number 669-0-202- cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 Development 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 (defined below in Section 1 – Definitions) which are incorporated and made a part of this Agreement.
a. General Plan Amendment No. 2021-70182-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 demolition 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 removal of one (1) coast live oak (Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees; and encroachment within the protected zones of twenty-two (22) coast live oak and two (2) California sycamore trees.

J. During the application process, Owner submitted architectural 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 conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 20 and specifically determined that this Agreement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; and, (3) that this Agreement encourages and assures private 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 State law and City’s Development 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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 of 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 provide for the orderly development of the Property consistent with the policies and objectives of the General Plan, Specific Plan No. 20, and proposed zoning, as well as provide funding for certain public infrastructure improvements needed for the Project or public 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 agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary development permits and the future ministerial approval of any additional building plans, building permits, occupancy permits, and other such permits necessary to implement the Project (“Ministerial Approvals”) 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 agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of monies, relative to the Property and the development thereof.

R. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, 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 Specific 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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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S. The terms of this Agreement support a vital and important interest of City by ensuring the development is consistent 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 receive 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, Owner, and the City (each individually, a “Party” and, collectively, the “Parties”) desire to enter into a development agreement for the Project pursuant to the Development Agreement Act and other applicable laws upon the terms and conditions set forth herein and, in the exhibits, attached hereto.

A G R E E M E N T
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement 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 Development Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70822-DAGR.

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

1.3. “Agreement Effective Date” is the date on which this Agreement 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, regulations, 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 guidelines applicable to development of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 20, and unless otherwise provided by this Agreement or the Project Approvals. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 of Thousand Oaks, California.

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

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

1.9. “Future Development Entitlements” means all necessary City discretionary approvals (including conditions of approval) for the development of the Project that are not addressed in this Agreement and that must be consistent with the current General Plan and Zone Change Ordinance for the Project Site, 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 County 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 available 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 development of the proposed Project as required by the Applicable Laws or State law, including but not limited to approval of building plans, final map, building permits, occupancy permits, and other similar types of permits necessary to implement the Project. Notwithstanding the foregoing, Ministerial Approvals may be processed and approved in accordance with amended versions of the Applicable Laws upon Owner’s request and in Owner’s sole discretion.
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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 County 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 the City for the purpose of defraying the City’s reasonable costs incurred or to be incurred in the processing and administration of any form of permit, license, or land use entitlements, or (ii) imposed by the City to defray the costs of periodically updating its plans, policies, and procedures, including but not limited to, the fees and charges referred to in Government Code Section 66014.

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

1.18. “Project Approvals” means those discretionary City permits and approvals, including those listed in Recital H of this Agreement (including conditions of approval), necessary for the development of the proposed Project consistent with the needed General Plan amendment for the Project Site, the TOMC and other Applicable Laws in effect on the Agreement Effective 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 hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.20. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a) the powers to enact regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to comply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project Approvals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless 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 time for which this Agreement shall be effective in accordance with Section 3 below.

2. Exhibits. The following documents are referred to in this Agreement, 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 become effective (“Agreement Effective Date”) as set forth in Subsection 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 terms and provisions that expressly survive the termination of this Agreement. If this Agreement is terminated because the City has issued a Certificate of Occupancy or otherwise issued final occupancy permits for the entire Project, then Owner’s obligations 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 completely satisfied. In the event the Project Approvals are challenged the Term is tolled through the duration of the litigation. All Project Approval expiration dates will extend through the term of the Agreement.
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4. State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interest in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.
(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 possible, applicants and local
governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties as permitted hereunder; and (2) to offset 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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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

5.3. Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements for, and other features of, the Project reflected in the Project Approvals, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which they Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite and offsite improvements, creation and retention of jobs, and the development 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 remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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5.4. Applicability of the Agreement. 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 Discretionary Action are initiated and submitted by the Owner of the Property after the Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment district 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. This 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 Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and obligations of Owner under this Agreement include, but are not limited to:

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

6.1.2. Provision for six (6) Very Low Income Households apartment units in the podium buildings made up of 3 two-bedroom units and 3 one-bedroom units with a covenant to maintain the six affordable units in the Very 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 feet 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 and scale, extensive articulation, glazing, and extensive detailing with upgraded materials;

6.1.9. Integrate sustainable features including but not limited to 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 reduction 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 Obligations of City. Owner will expend time and money in constructing public improvements and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:

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 General Plan’s 30 dwelling units per acre limitation, in exchange for 6 affordable units reserved for Very Low Income Households (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 allow 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 to the rights and authority provided for under this Agreement;
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6.2.5. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent 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. 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 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 amount the City could earn in a two-year treasury. In addition, all City impact fees due from Owner, or anyone assigned 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 Binding Covenants. The Property is that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Property 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 claimants in easements) agree to be bound by this agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto. Owner further agrees that based on the affordable units Owner is constructing and managing in the Project, Owner will execute an Affordable Rental Housing Regulatory Agreement declaring a restrictive covenant on the affordable units created in the Project.

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

7.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the Project Approvals and Applicable Laws, provided that Owner satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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Effective Date and generally required 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 California Code of Regulations, Section 15332 and the General Plan Land Use Element amendment is exempt under Section 15061. The Project is subject to all applicable mitigation measures and project design features as described 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 Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Future Development Entitlements (if and when approved), Ministerial Approvals (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, 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 Project. Owner hereby agrees that development of the Project shall be in accordance with the Project Approvals, including the conditions of approval and the 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 Approvals (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 this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in 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 resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum 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 be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 Agreement shall be deemed terminated as of said date and all reservations or allocations of market-rate Measure E units shall revert to the City’s Measure E capacity.

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, phasing, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project Approvals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approved), Ministerial Approvals (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 policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement.

8.2. Changes in State and Federal Rules and Regulations. Nothing in this Agreement shall preclude the application to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state and federal laws or regulations as provided in Government Code Section 65869.5. This includes, but is not limited to, the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC. In the event State or federal laws or regulations enacted after the Agreement Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans maps or permits approved by the City, this Agreement, or portions 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 Federal or State Actions Affecting Project. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying development of the Property, City shall not in any manner be liable for any such prevention, delay, or modification of said development or for costs incurred by Developer in complying with such actions. To the cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 and 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 agencies, including but not limited to the State of California, County of Ventura, Ventura County Watershed Protection District, Calleguas Municipal Water District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any fees, charges, taxes, assessments, or levies (including, but not limited to, those for water and wastewater usage, and landscape and lighting assessments) other than Processing Fees and Development Fees that are revised or adopted on a Citywide or regional or communitywide basis during the term of this Agreement shall apply to the Property. Owner may 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. 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 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 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 before a Certificate of Occupancy or other City action to approve occupancy of the apartment complex is issued.

8.5. Health and Safety Exception. Nothing herein shall be construed to limit the authority of City to adopt and apply codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a serious and imminent health, safety, or physical risk. To the extent possible, any such codes, ordinances, and regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.6. Uniform Codes Applicable. All project construction, grading, and building plans for the Project shall comply with the uniform codes, construction standards and specifications in effect at the time the construction and improvements plans are approved, including those standards and specifications set forth in the California Building Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Green Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC.

8.7. Future Development Entitlements. City 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 Applicable Laws, and other cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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approved documents associated with this Agreement. City and Owner shall meet to identify all necessary Future Development Entitlements and to develop 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. The contractual relationship between 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 may 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 uses of the Property; (c) the provisions for the reservation or dedication of land; (d) an increase 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 by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and the City Council in accordance 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 Subsection 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 Subsection 10.2 below. Said determination may be appealed to the City Council.

10.2. Minor Amendments. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details of the development and 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 Approvals and does not involve any deviation from the Specific Plan No. 20 or Applicable Laws. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Subsection 10.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by Owner and the City Manager. Minor amendments authorized by this subsection are ministerial and may not constitute a discretionary action or “amendment” for the purposes of Government Code Sections 65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing.
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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 provided for in Government Code Section 65868 and TOMC Section 9-11.14. Any termination under Government Code Section 65865.1 or TOMC Section 9-11.14(b) shall be effective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) if City determines 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 Section 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 canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successor in interest, notwithstanding any change in any applicable General or 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 Compliance with Agreement.

13.1. Periodic Review. City may review compliance with this Agreement 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 Developer 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 annual reviews for other development agreements to which the City is a party.

13.2. Good Faith Compliance. During each periodic review, Owner shall be required, in accordance with TOMC Section 9-11.13, to demonstrate 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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 be 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 default under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner 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 default 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 period 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 hearing 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 cured the applicable default pursuant 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 that neither the City nor Owner would have entered into this Agreement if it were liable in monetary damages under or with respect to this Agreement or the application thereof.

The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposure. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Agreement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. The Parties understand and agree, however, that nothing in this Section 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 required Benefit Payments or pay to the City any other required payments under this Agreement. 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 entitled to special, consequential, or punitive damages or damages measured by lost profits.
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14.5. Commencement of Legal Action. In addition to any other rights or remedies, either Party may initiate legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages or any default, or to obtain any other remedies consistent with the purpose of this Agreement. Venue for such action shall be in Ventura County.

15. Waivers and Delay.

15.1. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall 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-performance shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.

15.3. Covenant Not to Sue. Notwithstanding anything to the contrary in this Agreement, Developer hereby agrees that neither Developer nor any of its agents, employees, representatives, members, managers, officers, assigns, heirs and successors in interest shall commence, prosecute, assist, promote or encourage, financially or otherwise, either individually or in any collective 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 challenging that any applicable conditions, mitigation measures, obligations, requirements or restrictions contained in the Agreement violate any California statutory requirements, constitute an abuse of the 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 Section shall prevent Developer from exercising its rights under Section 14, above, with respect to a default by the City.

15.4. Force Majeure. The Parties shall not be deemed to be in default of any provision of this Agreement where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, pandemic, 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 events prevented performance of the obligation. To assist the Parties in determining the period of time for excusable delay, the Parties may refer to federal, State, and local orders, including health orders, adopted by any of the various agencies that directly impact this Project and the Parties’ ability to either work on the Project or process permits.
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15.5. Nexus/Reasonable Relationship Challenges. Notwithstanding Subsection 15.1, Owner consents to, and waives any rights it may have now or in the future to bring a nexus/reasonable relationship challenge relating to the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s Applicable Laws, including City’s General Plan, TOMC, Subdivision Map Act regulations, Specific Plan No. 20, Residential Planned Development 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 constitutes an abuse of the police power, violates substantive due process, denies equal protection of the laws, constitutes or results in a taking of property without payment of just compensation, or imposes an unlawful fee, exaction, or tax.

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, engineers, and all other consultants to submit in a timely manner all required materials and documents, therefore.

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

16. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid 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 transferee, the transferee’s mailing address, the acreage and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 16 or any other action City is required to take under this Agreement.

Any notice given as required, herein, shall be deemed given a seventy-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 Event 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 governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to use reasonable efforts to cooperate 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 equally shared between City and Owner. In the event of any litigation challenging this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

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 entitlement issued in reliance upon City approvals or challenging the sufficiency of any environmental review of this Project (each an “Entitlement Challenge”), each Party must cooperate in the defense of such Entitlement Challenge, in accordance with this Section. Owner agrees to pay City’s costs of defending an Entitlement Challenge, 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 costs 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 settlement 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. Owner 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 during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

18.2. City Review of Proposed Transfer. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of the transferee. Any such transfer to an entity whose development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project shall be approved by the Community Development Director. Unless agreed to in writing, 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 reasonable documentation 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 Director’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 Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Project, or the entity does not have sufficient net worth and financial fitness to carry out the Project, provided that the Community Development Director's approval shall not be unreasonably withheld. City shall notify Owner in writing of the Community Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee. Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Council within ten days of the Director’s determination.

18.3. Transfer to Lender. Nothing 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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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

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

18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection

18.4, mortgages, deeds of trust, sales and leasebacks or any other 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 financing or refinancing the development and construction of improvements related to the Project and other necessary and related expenses. The holder of any mortgage, deed of trust or other security arrangement with respect to the Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses, and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

18.6. Reorganization of Owner’s Business Structure Exception. Nothing in this Section shall be deemed to constitute or require City consent 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 portion of the Project Site to an entity directly controlled by Developer or its affiliates and (ii) any change in Developer entity form, such as a transfer from a corporation to a limited liability company or partnership, that does not affect or change beneficial ownership of the 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 covenants in this Agreement, or the application thereof to any Party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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 section 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 of the essence regarding each provision 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 Fair Dealing. Neither Party shall 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 each Party shall do everything which this Agreement contemplates that such Party shall do in order to accomplish the objectives and purposes of this Agreement.

23.5. Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and extent of any such defaults. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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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 or Developer to execute an estoppel certificate shall not be deemed a default.

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

23.7. Entire Agreement. This Agreement 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 Party in relation thereto not expressly set forth in this Agreement shall be null and void.

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

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

The Property 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, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest during 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 it, 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 City 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 its reasonable costs and expenses, including without limitation court costs and attorneys’ fees actually and reasonably incurred, as awarded by a court of competent jurisdiction. This Section shall survive the termination of this Agreement.

27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement, not counting the Cover Page or signature page, consists of 28 pages and 6 Exhibits.

28. Hold Harmless Agreement.

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

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 account of the processing, approval, or implementation of the Project Approvals and/or this Agreement, then the Parties shall comply with Section 17. As an alternative to defending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings, and will cooperate fully in the defense thereof.

29. Prevailing Wages. Without limiting 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 prevailing wage rates and the performance 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” or “maintenance” project, as defined by the Prevailing cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

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Wage Laws, and if the total compensation under the contract in question is $1,000 or more, Developer agrees to fully comply with such Prevailing Wage 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 of the then current prevailing rates of per diem wages.

Developer shall defend, indemnify, and hold the city, its elected officials, officers, employees, and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Developer to comply with the Prevailing Wage Laws associated with any “public works” or “maintenance” projects associated with Project development.

30. Recordation.

This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. Failure to timely record the Agreement shall not constitute a default or invalidate the Agreement.IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “OWNER”
By: __________________________________
Name: _______________________________
Title: _________________________________
“CITY”

CITY OF THOUSAND OAKS,
a municipal corporation
By: __________________________________
Kevin McNamee, Mayor
ATTEST:
____________________________
Laura B. Maguire, City Clerk
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APPROVED AS TO FORM:
_____________________________
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_____________________________
Andrew P. Powers, City Manager
Acknowledgements on following pages.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature (Seal)
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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 OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN BOOK 13, PAGE 14 OF 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 #1 Planning Commission Report of March 27, 2023 - Attachment #7.)
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EXHIBIT “D”
Conditions of Approval

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1.Land and Application – The General Plan Amendment; Development Permit; Protected Tree Permit; and Development Agreement are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated February 27, 2023, 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 Development Permit allowing the demolition of the existing commercial 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 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 compliance with the terms set forth therein.

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

5.Project Changes/Modifications – Minor changes to 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, cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xxxvi
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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 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 and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the 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 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, that the ninety (90) day 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 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, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

12.Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xxxvii
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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 until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.

14.Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to 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 submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
•All agreements, obligations, conditions, development standards, and use allowances contained in Specific Plan 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 the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

17.Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees
to attack, set aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement 2022-70822-DAGR. The City shall promptly notify the applicant of any claim, action or proceeding 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 duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.

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

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

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

B. The Affordable Housing Covenant shall require eight (8) units 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 preserved at the very-low-income level of 50% of the Ventura County median income.

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

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

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

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

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

The Affordable Agreement shall be 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 Development Department can review this information.

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

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

BIOLOGICAL RESOURCES

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

RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2022-70269-DP

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

24.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.

25.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
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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

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

27.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 Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

28.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 shall include, but is not limited to, incorporating decorative finish materials, vertical and horizontal variation and decorative window trim. The design shall comply with the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped February 27, 2023.

29.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.

30.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.

31.Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set,” date stamped February 27, 2023. Said equipment shall be screened from public view perspectives, including Thousand cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xli
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Oaks Boulevard, Moody Court, Long Court, and the 101 Freeway. In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

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

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

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

35.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.

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

37.Final Detailed Grading, Paving and Drainage Plan Submittal – Prior to issuance of a grading permit, a final detailed grading, paving and drainage plan cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xlii
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demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Development and Public Works Departments.

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

PARKING, ACCESS, AND DRIVEWAY

39.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 Section 9.4-2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan. Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

40.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.

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

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

43.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 designed and shown on a signing and striping plan. The location and type of device(s) shall be designed and installed to the satisfaction of the Community Development and Public Works Directors.

44.Parking Management Program – Prior to occupancy of the project, a Parking Management Program shall be designed and submitted to ensure 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xliii
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procedures for moving activities and moving-related vehicles/vans 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-site onto adjacent locations. Said program shall be subject to the review and approval by the Community Development, Public Works and Police Departments.

LANDSCAPING, FENCES, AND WALLS

45.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 with both sides articulated, and with similar or complementary materials and colors to those used on the existing or proposed buildings. Chain link fencing is prohibited. 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.

46.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 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 project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.

47.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 plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

48.Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques, i.e. drought-tolerant low water-using plants. The use of lawn, grasses, and turf shall be minimized. Landscape irrigation systems shall likewise be designed using low output sprinklers and/or drip automatic timed controls. All landscaping and irrigation plans shall demonstrate compliance with cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xliv
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the State of California Model Water Efficiency Landscape Ordinance (MWELO), with all applicable calculations provided on the cover sheet.

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

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

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

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

LIGHTING

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

53.Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed 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 pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department.

Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xlv
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54.Decorative Lighting Above Public Area – Low intensity lighting may be provided above and across the public exterior space.

55.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 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;
•Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the rooftop areas. Lighting shall be off when no activity is on the rooftop; and
•Stand-alone light standards shall not exceed 10’-0” in height.

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

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

57.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.

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

SIGNS

59.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. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xlvi
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2022-70535-PTP CONDITIONS

60.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.

61.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.

62.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 the 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

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

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

65.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. These oak and landmark trees will require pruning to accommodate the construction activities and for the overall long-term health of the trees which is also approved under this permit.

Appropriate work methods and monitoring are required as described in the Protected Tree Report dated November 3, 2022, prepared by Richard Ibarra, I.S.L.A.

66.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 establishment, which generally involves a drip-system irrigation for managing water distribution near the oak trees and does not include watering during summer months when natural cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xlviii
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rainfall would not be 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 consultant and monitoring shall entail visits at quarterly intervals for the first two (2) years and biannually for the next three (3) years. The applicant’s oak tree consultant shall submit to the Community Development Department a semi-annual report regarding the conditions of the oak trees.

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

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

69.Site Monitoring – Unless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in the applicant’s oak tree report labeled Oak & Landmark Tree Report dated November 3, 2022, prepared by Richard Ibarra, I.S.L.A.

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

71.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. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page xlix
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72.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 landmark trees shall be performed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Guidelines Resolution, No. 2010-14, and observed in progress by the applicant’s oak tree consultant.

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

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

75.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.

76.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.

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

PUBLIC WORKS DEPARTMENT

GENERAL

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

79.Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page l
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by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards.

80.Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewater 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.

81.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 which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

82.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 grading plancheck or the issuance of any Building or Grading Permits.

83.Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work 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.

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

WATER AND WASTEWATER

85.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 issuance of a building permit. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page li
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Additional fees for special facilities zones and fire flow surcharges may also apply.

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

86.Water Mainline Extension – As necessary for the project and to the satisfaction of the City Engineer, the Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at the south end of the project. A 15-foot easement shall be dedicated to the City of Thousand Oaks for waterline maintenance purposes.

87.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 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 and crimping this remaining portion 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 laterals are relocated, the applicant’s engineer shall process a change order and pay any applicable charges for said change order.

88.Fire-Flow Verification - The applicant shall pay the Department a fee for calculation and verification of the existing water system to deliver required fire flows. In the event the fire flow, as determined by the Ventura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main(s) of sufficient size and length, 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 Department 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, along with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Department, are submitted.

89.Fire Hydrant Upgrade - Applicant/Owner shall coordinate 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 water purveyor.

90.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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lii
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required), or within commercial areas, the applicant 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 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 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.

91.Separate Irrigation Meter - This project shall require a fully separate water meter for irrigation and landscaping. Said irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved independent testing firm hired 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 applicant 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 Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.

92.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 control devices must be inspected and approved by the Cross Connection Control Specialist of the County 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 Public Works Department.

93.Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the 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 lateral(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.

94.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 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page liii
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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 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.

95.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 project, the applicant must demonstrate to the satisfaction of the Department that the lateral(s) are in acceptable condition (no broken pipe, 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 making a visual inspection of the lateral. Other methods 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 bursting technology).

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

DEVELOPMENT ENGINEERING

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

97.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 lighting and landscape improvements that provide a benefit to the property, the applicant is hereby notified, consents to and agrees that the real property subject to this entitlement will be annexed 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 project, 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 cash 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page liv
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fund until such time as the property is annexed into said District. Until said 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 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) transmitted by the City in accordance with annexation proceedings, the applicant shall not oppose the assessment or the assessment formula for the subject property (as calculated in accordance 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). 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.

98.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.

99.Hauling of Imported or Exported Materials - In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department. 100.Grading Permit and Soils Certification - The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lv
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applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.
101.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). 102.On-Site Drainage Design - Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on-site storm flows. The 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.
103.On-Site Drainage - Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.
104.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 conveyances possess sufficient capacity to pass the Q10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development.

The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.
105.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).
106.Parking Structure Drainage – The City prohibits the discharge of pressure- washing effluent, antifreeze and motor oils into either the wastewater system or storm drain system. Inasmuch as these are the anticipated discharges from the interior of the parking structure, 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 regulations. The roof and other surfaces of the parking structure directly exposed cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lvi
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to rainfall may be drained and discharged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot. 107.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).
108.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) must be detained on-site. A simplified detention method is available for this site.
109.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.
110.Sidewalk Construction – The existing five-foot sidewalk on 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 on Long Court.
111.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 the sidewalk across the driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) prior to initiating construction of said driveway improvements.
112.On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
113.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 Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater Program “Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No.

CAS004002 (M.C. 7-8.302).
114.BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:

Treat the storm flow equivalent to ten percent (10%) of the 50-year peak flow; or Treat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”
115.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 maximum extent practicable.
116.Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant and Deed Restriction, requiring all property 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 are 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lviii
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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)).
117.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 disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009-DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response

TRAFFIC
118.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.
119.Gated Entrance – The design of any gated entrance shall comply with the City standards subject to review and approval of the Traffic Engineer, 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 Works. 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.
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SUSTAINABILITY

Solid Waste Collection and Diversion Requirements
120.Trash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Center at 2251 E. Thousand Oaks Blvd. 121.Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited 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.
122.Trash Enclosures - Solid Waste, Recycling and Organics Collection – Required: American with Disabilities (ADA) accessible, covered 3-bin enclosures with a ramp are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source-separated solid waste, organic waste, and recyclable materials.

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Resident access to Waste Enclosures serving MFD-C or MXD developments via walk-up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel. 123.Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler. 124.Required - Operational recycling plans are required before occupancy. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lx
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Water and Irrigation
125.Water – Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought restriction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. 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 can be operated separately in the event that additional restrictions are added.
126.Low-flow/low volume Irrigation – Sprinklers including rotators are prohibited within the City please review the specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation.
127.Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. However, installing the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings.
128.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 irrigation system or mechanism to irrigate. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts. 129.Dust control – Refer to Ventura County Air Pollution Control District methods of dust control for eligible methods, for the duration of the water restrictions.

Alternatives to the use of use of potable water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potable water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.
130.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 spaces). 35% of the parking spaces (44 spaces) will be EV Ready.

131.General – Owner will install all electric appliances for all 73 residential units.

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VENTURA COUNTY FIRE PROTECTION DISTRICT

132.Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures. 133.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 by having them fill out VCFD Form #625, Fire-Flow Verification.
134.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. 135.Emergency Planning and Preparedness - The owner/applicant and all occupants of buildings shall comply with the Fire Department requirements for Emergency Preparedness Requirements as indicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec

3.09. All required records and documentation shall be available for review by the Fire Department upon request.
136.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 when 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.
137.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 lowest 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 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 unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and a maximum of 30 feet from the building. Aerial 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 positioned shall be along the longest side of the building, unless otherwise approved by the cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxii
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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. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district. 138.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 structure 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. 139.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. 140.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%. 141.Vertical Curve - The vertical curve of a fire apparatus access roads serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.
142.Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 143.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.
144.Access Road Certification - The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant structures 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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145.Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
146.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 hydrants may be required as determined by the Fire District
147.Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
•Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
•The required fire flow shall be achieved at no less than 20-psi residual pressure.
•Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. •Fire hydrants shall be set back from the curb face 24 inches on center. •No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
•A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
•Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
148.Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
149.Standpipe Systems - Standpipe systems shall be installed in accordance with California Building and Fire Code requirements.
150.Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or 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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151.Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 152.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. 153.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.
154.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. 155.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. 156.Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road/driveway. 157.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 to the podium deck.
158.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 above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level. 159.Walk and Pedestrian Gates - If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation 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 inspection by the Fire District is required prior to placing any gate into service.
160.Address Numbers (Commercial, Industrial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxv
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and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
161.Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation. 162.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. 163.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.). 164.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
165.POOL ACCESS – Pool access will be controlled by key-fob or similar device to reduce trespasser access. The pool will be surrounded by a decorative fence of no less than 6 feet in height, with the same CPTED “2 foot / 6 foot” rules of landscaping to apply.
166.UTILITY ROOMS AND ENCLOSURES – All exterior utility rooms and enclosures containing electrical and telephone equipment shall be kept locked at all times. 167.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.
168.DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxvi
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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 removal of the door from the outside by removing the hinge pins.
169.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.
170.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 to accommodate a standard sized medical gurney and emergency response personnel. 171.STAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Additionally, any stairwell or doors leading from the public area to any residential area is to be accessed by key-fob, key, punch code or other control device as to restrict access from the general, non-residing 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 172.TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed and locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
173.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 “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.
174.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 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxvii
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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 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 levels 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 lighting 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 minimum 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 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 signs 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.
175.PARKING – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicating the California Vehicle 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 gate equipped with key card reader. Entry logs shall be retrievable and presented to the Thousand Oaks Police Department when necessary.
176.OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department. *****
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxviii
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EXHIBIT “E”
Greens Initiative Outline
•Central Location with Readily Accessible Transit and Walkability 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 Parking (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:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR) Page lxix
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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