Thousand Oaks City Council
May 9, 2023

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

Ord. No. 1714-NS
ORDINANCE NO. 1714-NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A

DEVELOPMENT AGREEMENT WITH SJG LONG

INVESTMENT, RELATING TO THE DEVELOPMENT
OF PROPERTY LOCATED AT 88 LONG COURT
(APN 669-0-202-260), THOUSAND OAKS,
CALIFORNIA (DEVELOPMENT AGREEMENT 2022-
70822-DAGR)

The City Council of the City of T housand Oaks does hereby ordain as follows:

Part I

Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hear ing on April 25, 2023, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public pla nning process, encourage private participation in comprehensive plannin g and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the De velopment Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures fo r the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SJG LONG INVESTMENT (“Developer”) desires to carry out the development of a residential proj ect (“Project”) located at 88 Long Court (APN 669-0-202-260), (“Property”), consistent with the General Plan, Specific Plan (SP 20), other City rules and regulations , and the Development Agreement and vested entitlements referenced therein;

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

Ord. No. 1714-NS
WHEREAS, this Development Agreement (2022-70822-DAGR) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the privat e and public objectives of the Project;
WHEREAS, the Planning Commission he ld a duty noticed public hearing on March 27, 2023 on the Project, during which the Planning Commission received comments from the Developer, City staff, and members of the general public and made a recommendation to the City Coun cil on the Project entitlements and legislative actions.

WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on April 25, 2023, during which the City Council received comments from the Deve loper, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendm ent 2021-70182-LU; Development Permit 2022-70269- DP; Protected Tree Permit 2022-70535-PTP; and Development Agreement 2022- 70822-DAGR;
Part 2
NOW THEREFORE, the City Council of the City of Thousand Oaks does hereby ordain as follows:

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

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Thousand Oaks Boulevard Specific Plan (SP 20);

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

Ord. No. 1714-NS

(b) The Development Agreement establishes certain development rights, obligations and conditions for implement ation of the Project located at 88 Long Court (APN 669-0-202-260);

(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice;

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

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

(f) The project qualifies as a “Residential” project, which is an allowed use within SP 20;

(g) The project is consistent with the “Commercial/ Residential” land use designation of the Thousand Oaks General Plan;

(h) The architectural design of the project complies with the intent and development standards of SP 20 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11);

(i) The project has been determined to qualify for both the Class 32 (Section 15332) and Section 15061(b)(3 ) Categorical Exemptions under the California Environmental Quality Act.

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

(b) The City’s General Plan, as amended by General Plan Amendment 2021-70182-LU (City Council Resolu tion No. 2023-013) prior to adoption of this Ordinance;

(c) Resolution No. 2023-013 for the Proj ect entitlements, adopted by the City Council on April 25, 2023, and wh ich Resolutions and exhibits are incorporated herein by reference as if set forth in full;

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

Ord. No. 1714-NS

(d) All City Staff reports (and all other public repor ts and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project;

(e) All documentary and oral evidenc e received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and

(f) All other matters of common kn owledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and r egulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby appr oves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consis tent with the terms ther eof as may be approved by the City Manager, in consulta tion with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformi ty to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. 2023-013, adopted by the City Council approving the General Plan Amendment, becoming effective.

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

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

Ord. No. 1714-NS
Part 3
(Uncodified)
Severability

SECTION 8. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not a ffect the validity or consti tutionality of the remaining portions of this title; it being hereby ex pressly declared that this title, and each section, subsection, sentence, claus e and phrase hereof, would have been prepared, proposed, adopted, approved and ratifi ed irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 4
(Uncodified)
Effective Date

SECTION 9. This ordinance shall go into full force and effect the thirty-first (31st) day after its final passage, provided; however, if the actions referred to in Section 6 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council

ATTEST/CERTIFY:

Laura B. Maguire, City Clerk

Date Attested: ___________________

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

Ord. No. 1714-NS

APPROVED AS TO FORM:

Office of the City Attorney

Patrick J. Hehir, Chief Assistant City Attorney

APPROVED AS TO ADMINISTRATION:

_______________________________
Andrew P. Powers, City Manager

Introduced: April 25, 2023
Published: May 4, 2023, and May 18, 2023
Ordinance No.: 1714-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
EXHIBIT “A”

DEVELOPMENT AGREEMENT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk

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 9th day of May, 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.

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

Ord. No. 1714-NS
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 Devel opment Agreement Statute authorizes City and an applicant for a development project to enter into a binding development agreement establishing certain development rights in t he real property that is the subject of the development project applicati on. 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 t he Recitals contained herein, certain capitalized terms are used which are defined in Section 1 of this Agreement. City and Owner intend to refer to those definitions when the capitalized terms are used.

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

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

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

F. On April 27, 2021, the City Council adopted Resolution No. 2021-015, “A Resolution of the City Counc il of the City of Thousand Oaks Declaring Intention to Consider an Amendment to t he Land Use Element of the G eneral Plan Allocating 55 Measure E Units From The City Wide Ca pacity To The Thousand Oaks Boulevard Specific Plan ( SP 20), and Allo wing 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 B oulevard 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 wit h 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 Oa ks, 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)

Ord. No. 1714-NS
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 Developmen t 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 followi ng land use entitlement approv als (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 agr ifolia) 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, subjec t 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 Ag reement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; and, (3) that this Ag reement 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 Ag reement, at a duly noticed public hearing and made appropriate findings that th e provisions of this agreem ent 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 April 25, 2023, in accordanc e with State law and City’ s Development Agreement Ordinance.

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

Ord. No. 1714-NS
M. The City Council, after conducting a duly noticed public hearing on April 25, 2023, considered, confirmed, and approved that the Project is exempt from the California 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. 2023-013, approved the form and material elements of this Agreement, authorized the execut ion of this Agreement, and found that the provisions of this Agreement are consist ent with the General Pl an, State law, and the Development Agreement Ordinance. The City Council conducted the first reading of the new ordinance on April 25, 2023, followed by the City Council’s second reading of the new ordinance on May 9, 2023.

N. This Agreement and the consent of Ow ner to each of its terms, conditions, and obligations will e liminate uncertainty in planni ng and provide for the orderly development of the Property consistent wit h the policies and objectives of the General Plan, Specific Plan No. 20, and proposed zoning, as well as provide funding for certain public infrastructure improvem ents 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 lis ted herein, City agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary developm ent permits and the future ministerial approval of any additional building plans, building permits, occupancy permits, and other such permits necessary to implement the Pr oject (“Ministerial Approvals”) which are consistent with this Agreement.

P. It is the intent of the Parties that a ll 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 agr eements, 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 r epresentations and warranties contained herein. The Parties acknow ledge that, in reliance on t he agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of m onies, relative to the Property and the development thereof.

R. This Agreement will eliminate uncer tainty in planning for and securing orderly development of the Project, provide certainty necessary fo r the Owner to make significant investments in constructing t he Project, public gather ing areas, and other improvements, assure the timely and progressive installation of necessary improvements and public services, establish the orderly and measured build-out of the Project consistent with the vision of City’s Specif ic Plan No. 20 and will provide public benefits to City it cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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.

S. The terms of this Ag reement support a vital and im portant 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 developm ent 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 Devel opment Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70822-DAGR.

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

1.3. “Agreement Effective Date” is t he 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” m eans the City’s rules, regulations, ordinances, and official policies in force and e ffect as of the Agreement Effective Date governing permitted uses of the land, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, im provement, and construction standards, specifications, policies and gui delines applicable to dev elopment 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.

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 m onetary fee or exaction other than a tax or special assessment that woul d be charged by a local government agency pursuant to Government Code Section 66000, et seq., to a project applicant in connection with new development for the purpos e of defraying all or a portion of the cost of public facilities related to the new development, in cluding without limitati on, fees for utility construction, use, linkage or connection fees ; public transit; traffic improvement and operations and any other traffi c-related fees; affordable hous ing; sustainability or green initiatives; capital facilities; police and fi re; parks; libraries; and other exactions, assessments, fair share charges or other similar impact fees or charges imposed on and in connection with new development.

1.9. “Future Development Entitl ements” means all necessary City discretionary approvals (including condition s of approval) for the development of the Project that are not addressed in this Ag reement and that must be consistent with the current General Plan and Zone Change Ordinance for the Proj ect 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 Residentia l Capacity” means the SP 20 residential units available for allocation and the citywide resident ial 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
map, building permits, occupancy permits, and other similar types of permits necessary to implement the Project. No twithstanding the foregoing, Mi nisterial Approvals may be processed and approved in accordance with amended versions of the Applicable Laws upon Owner’s request and in Owner’s sole discretion.

1.14. “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 A pprovals, this Agreement, and the conditions of approval and mitigation measures adopted as part of this Agreement.

1.18. “Project Approvals” means t hose 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 Effectiv e 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 Exhi bit 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 A pprovals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disast ers as found by City Council such as floods, earthquakes, pandemics and similar acts of God) , (ii) are necessary to co mply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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.

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 Te rm. 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 Te rm, subject to unforeseen dela ys and the Parties will act in good faith to move the project forward thr ough 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 wit h respect to terms and provisions that expressly survive the termination of this Ag reement. If this Agre ement 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
survive such termination until the obligation has been completely satisfied. In the event the Project Approvals are c hallenged the Term is tolled th rough the duration of the litigation. All Proj ect Approval expiration dates will extend through the term of the Agreement.

4. State Enabling Statut e. To strengthen the pub lic planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislatur e of the State of Califor nia adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interest in such property. Sect ion 65864 of the Develo pment Agreement Act expressly provides as follows:

“The Legislature finds and declares that:

(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning wh ich would make maximum
efficient utilization of resources at the least economic cost to the public.

(b) Assurance to the applicant for a development project that upon approval of the proj ect, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensiv e planning, and reduce the economic cost of development.

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

Ord. No. 1714-NS
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 Secti on 6.1, below, will be achiev ed in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City’s Reserved Powers;

5.2. Developer Objectives. In acco rdance with the legislative findings set forth in the Development Agr eement Act, and with full recogniti on of the City’s policy of judicious restraints on its police powers, Developer wishes to obtain reasonable assurance that the Project may be developed in accordance with the Applicable Rules, the Project Approvals, and other Discreti onary Actions and with the terms of this Agreement, but subject to the City’s Reserved Powers. In the absence of this Agreement, Developer would have no assurance that it can complete the Project with the zoning and proposed density for the development (including, without limitation, the location and number of improvements, pr oposed height and building limit s (e.g., maximum density, maximum floor area, etc.) and the provisions of open space, vehicular access, and parking set forth in this Agreement, the Pr oject Approvals, and other Discretionary Actions. This Agreement, therefore, is nece ssary to assure Develo per that, except as otherwise expressly provided in this Agreem ent, the Project will not be (a) reduced or otherwise modified in density, in tensity or use from what is set forth in the Project Approvals and other Discretiona ry Actions, (b) “subjected to new rules, regulations, ordinances or official policies or plans t hat 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 Pr operty 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 in stallation of necessary improvements for, and other feat ures of, the Project reflect ed in the Project Approvals, assure attainment of maximu m efficient resource utilizati on 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 de velopment of an aesthetically attractive Project, as well as the public benefits described in Section 6.1, below. In addition, although development of the Project in accordance with this Agreement will restrain the City’s land use or other cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsi ble and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionar y Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

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 init iated and submitted by the Owner of the Property after th e 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 distri ct that is generally applicab le 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 applicabl e 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 obligat ions 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 affordabl e 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.

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

Ord. No. 1714-NS

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

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

6.1.7. Approximately 600 square f eet of work/share space that provides an amenity for tenants to work remotely;

6.1.8. Enhanced architectural desi gn with appropriate massing and scale, extensive articulation, glazing, and extensive detailing with upgraded materials;

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

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

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

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

6.2. Benefits to Owner and Obligatio ns of City. Owner will expend time and money in constructing public improvem ents 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 Californi a 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 ac re limitation, in exchange for 6 affordable units reserved for Ve ry Low Income Households (i.e., 11% of the 54 base density units) as well as 2 units at the Moderate Income Households level;

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

Ord. No. 1714-NS

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 terminat ed by mutual consent or pursuant to the rights and authority provided for under this Agreement;

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 entit led “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 De velopment 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 am ount 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 Co venants. The Property is that property described in the attached Exhibits A and B which inclu de 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 ot her persons holding legal or equitable interests in the Property (excepti ng owners or claimants in easements) agree to be bound by this agreement. The Parties in tend 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 ex ecute an Affordable Rental Housing cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
Regulatory Agreement declaring a restrictive covenant on the affordable units created in the Project.

7.2. General Development. Any de velopment of the Project on the Property shall be conduc ted in accordance with the te rms and conditions of this Agreement and attached exhibits.

7.3. Ministerial Approval s. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner c onsistent with the Project Approvals and Applicable Laws, provided that Owner sati sfactorily complies with all preliminary procedures, actions, payments, criteria, and r egulations applicable as of the Agreement Effective Date and generally required of dev elopers by City for processing applications for developments at such time.

7.4. CEQA Compliance. The City C ouncil 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 Proj ect Approvals, the Future Development Entitlements (if and when approved), Minister ial Approvals (if and when approved), any amendments to the foregoing approved by the Cit y, 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 Proj ect. Owner hereby agrees that development of the Project shall be in acco rdance with the Project Approvals, including the conditions of approval and the mitigation measures and pr oject 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 approv ed), 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.

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

Ord. No. 1714-NS

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 ti ming 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 re ferendum process) shall not apply to the Project and shall not prevail over this Agreement. In par ticular, but without limiting any of the foregoing, no numerical re striction shall be placed by the City on the amount of total square feet or the number of buildings, stru ctures, residential units that can be built each year on the Pr operty except as expressly provided in this Agreement.

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 J une 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, Ordinanc es and Policies. For the Term of this Agreement, the rules, r egulations, ordinances and official policies governing the permitted uses of land, the density and intens ity of use, phasing, design, improvement and construction standards and specificati ons applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project A pprovals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approv ed), 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 co des 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 Regulation s. Nothing in this Agreement shall preclude the applicati on to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state 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, Cali fornia Mechanical C ode, California Plumbing Code, California Residentia l Code, California Green Building St andards Code, 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)

Ord. No. 1714-NS
California Energy Code all of which have al so 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 th is Agreement or require changes in plans maps or permits approved by the City, this Agreement, or portions thereof, may be modified, extended, or suspende d 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 St ate Actions Affecting Project. To the extent that any actions of federal or st ate agencies (or actions of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying dev elopment 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 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 an d 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 o f, other public agencies, including but not limited to the State of California, County of Ventur a, Ventura County Watershed Protection District, Calleguas Municipal Wa ter 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 te rm of this Agreement shall apply to the Property. Owner may defer pay ment of City Development Fees for a period of twenty- four (24) months, with a possible six (6) month extension if requested by Owner in writing and Owner has demonstrated the company is moving towards developing and completing the project. Notwithstanding Owner’s ability to defer payment of City Development Fees, Owner must pay the interest on the determined total value of the City Development Fees calculated for the Project befor e any City-issued building, grad ing, 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 Developm ent fees due from Owner, or anyone assigned the rights under this Agreemen t, 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 appl y 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
codes, ordinances, and regulations shall be app lied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.6. Uniform Codes Applicable. Al l 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 im provements plans are approved, including those standards and specifications set forth in the California Building Code, California Fire Code, California Me chanical Code, California Plumbing Code, California Residential Code, California Gr een Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC.

8.7. Future Development Entitlement s. City agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all Future Development Entitlements and City shall exercise its di scretion in a manner c onsistent with and in recognition of this Agreem ent, the Project Approvals, the Applicable Laws, and other approved documents associated with this Agr eement. City and Owner shall meet to identify all necessary Future Developm ent 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 co ntractual 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 Ag reement. This Ag reement may be amended in whole or in part only in writing and only by the mutual consent of the Parties.

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 monetar y 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 authorit y to determine if any amendm ent 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.

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

Ord. No. 1714-NS

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 an d performance of the Parties under this Agreement, Minor changes include any modification to the Project that is substantially consistent with the intent of the Projec t Approvals and does not involve any deviation from the Specific Plan No. 20 or Applicable La ws. The Parties desire to retain a certain degree of flexibility with re spect 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 c hanges, 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 ar e ministerial and may not constitute a discretionary action or “am endment” for the purposes of Government Code Sections 65867, 65867.5, and 65868. Unle ss otherwise required by law, no such Minor Amendment shall require prior notice or hearing.

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 Se ction 9-11.14(b) shall be e ffective 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 purs uant 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 su ch cure and thereafter diligently and with continuity prosecutes such cure to comp letion. 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 successo r in interest, notwithstanding any change in any applicable General or specif ic plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alte rs or amends the rules, regulations or policies specified in this Agreement.

13. Periodic Review of Compliance with Agreement.

13.1. Periodic Review. City may revi ew 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
provisions of this Agreement in accor dance 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 consis tent with the cost changed fo r annual reviews for other development agreements to which the City is a party.

13.2. Good Faith Compliance. Duri ng each periodic review, Owner shall be required, in accordance with TOMC Secti on 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 necessary to comply as required and/or ther eafter diligently and with continuity pursue such steps to cure the def ault, 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 Secti on 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 t hereafter 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 Proced ures. 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 Cit y 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 pu rsuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.

14.4. No Monetary Damages. It is acknowledged by the Parties that neither the City nor Owner would have entered in to this Agreement if it were liable in monetary damages under or with re spect to this Agreement or the application thereof. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
The Parties agree and recognize t hat, as a practical matter, it may not be possible to determine an amount of monet ary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposur e. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Ag reement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. The Parties understand and agr ee, however, that nothing in th is 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 Bene fit Payments or pay to the City any other required payments under this Ag reement. If Owner fails to make the Public Benefit Payments as required by this Agreement, the City shall be ent itled 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 spec ial, consequential, or punitive damages or damages measured by lost profits.

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 Pa rty 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-performanc e shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.

15.3. Covenant Not to S ue. Notwithstandi ng anything to t he contrary in this Agreement, Developer her eby agrees that neither Deve loper nor any of its agents, employees, representatives, members, managers, office rs, assigns, heirs and successors in interest shall commence, pr osecute, 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 condit ions, mitigation measures, obligations, requireme nts or restrictions contained in the Agreement violate any California statutory require ments, constitute an abuse of the police power, violate cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 prev ent 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 fail ure or delay in performance of any of its obligations under this Agreemen t 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 ob ligations hereunder shall be extended by the period of time that such ev ents prevented performanc e of the obligation. To assist the Parties in determining the period of time fo r 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 t he Parties’ ability to either work on the Project or process permits.

15.5. Nexus/Reasonable Relationshi p 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 constitute s 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 Ow ner’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-government al agencies having jurisdiction over the Property as may be required for the development of the Project.

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

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

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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]
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
Formal written notices, demands, corres pondence and communications between City and Owner shall be sufficiently given if dispat ched 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 si ngle 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, s hall 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 requi red, herein, and thereafter not ices shall be addressed and transmitted to the new address.

17. Cooperation in the Ev ent of Legal Challenge.

17.1. Challenges to Agr eement. In the event of any legal action instituted by a third party, including but not limited to any other governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to use reasonable efforts to cooperate in defendi ng such action. Each Party shall bear their own costs and attorney’s fees in def ending 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 su it, the cost of which sha ll be equally shared between City and Owner. In the event of any litigation chall enging 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 th e event of any administrative, legal, or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging any en titlement issued in relianc e upon City approvals or challenging the sufficiency of any environm ental review of this Project (each an “Entitlement Challenge”), each Party must cooperate in the defense of such Entitlement Challenge, in accordance wit h this Section. Owner agr ees to pay City’s costs of defending an Entitlement Challenge, including all court costs and r easonable attorney’s fees incurred by City in defense of any Entitl ement Challenge, as well as the time of the City’s staff spent in connecti on with such defense, and any co sts and attorneys’ fees awarded against the City to a successful thir d 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 ent er 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.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

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 sha ll 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 entit y at any time during the term of this Agreement, provided, however, in no event shall the rights, dut ies 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 Pr oposed 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 s hall 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 construct ed, the subsequent Owner will be required to build or complete the construction of t he 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 pr oposed transferee fails to provide requested document to the Director in the time se t 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 comp lexity to the Project, or the entity does not have sufficient net worth and financial fitne ss 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 Co mmunity 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 Directo r'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 co ntained in this Section 18 shall prevent a transfer of the Property, or any port ion thereof, to an institutional lender as a cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and ob ligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a build ing permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

18.4. Conditions of Trans fer. The sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreemen t; (b) Owner has provided to Cit y 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 fo rth; and (2) the tran sferee 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 financ ing 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 Pr operty, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but sha ll 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 improvement s 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 Busi ness 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 ot her 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 transfe r from a corporation to a limited liability company or partnership, that does not affect or chang e 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.

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

Ord. No. 1714-NS

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, provis ions, conditions or covenants in this Agreement, or the application t hereof to any Party or circum stances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenant s to persons or circ umstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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 headi ngs 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. T he 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 Agreem ent 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 th e Parties; (b) this Agreem ent 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
Agreement, or if in default, to describe therein the nature and extent of any such defaults.

The requesting Party may designate a reasonable form of certificate (including a lender’s form) and the Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within fifteen (15) days following the receipt thereof. The City Manager, or his or her designee, shall be authorized to execute any certificate req uested by Developer hereunder. Developer and City acknowledge that a certificat e hereunder may be relied upon by tenants, transferees, investors, l enders, partners, bond counsel, underwriters, and other mortgagees. The request shall clear ly 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 Cit y or Developer to execute an estoppel certificate shall not be deemed a default.

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

23.7. Entire Agreement. This Agr eement 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 Pa rty in relation thereto not expressly set forth in this Agreement shall be null and void.

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

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

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

25. Equitable Servitudes and Cov enants Running with the Land. Any successors in interest to City and Developer shall be subject to the provisions set forth in Sections 65865.4 and 65868.5 of the California Government Code. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refr ain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and eac h 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 port ion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing purs uant to Section 18. In any cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
event, no owner or tenant of an individual co mpleted residential unit within Project shall have any rights under this Agreement.

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 limit ation 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 ma y be executed in one or more counterparts, each of which shall be deemed an or iginal, but all of which together shall constitute one and the same instrument. Th is 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 Cit y’s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determined by a cour t of competent jurisdiction, Developer hereby agrees to defend, indemnify, and hold Cit y, 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 a lleged 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 agai nst 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 th ird 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. Wit hout limiting the foregoing, Owner acknowledges the requirements of California Labor Code §1720, et s eq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 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 t he 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 W age Laws associated with any “public works” or “maintenance” projects associated with Project development.

30. Recordation.

This Agreement and any amendment or canc ellation hereof shall be recorded in the Official Records of Ventura County by the Cle rk 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 WHER EOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove.

“ O W N E R ”

By: ______ ____________________________

Name: _____________________ __________
Title: _________________________________

“ C I T Y ”

CITY OF THOUSAND OAKS,
a municipal corporation

By: ______ ____________________________
Kevin McNamee, Mayor

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

Ord. No. 1714-NS
ATTEST:
____________________________
Laura B. Maguire, City Clerk

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

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

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

Ord. No. 1714-NS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

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

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on 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)

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

Ord. No. 1714-NS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

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

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on 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)

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

Ord. No. 1714-NS
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
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
EXHIBIT “B”

Site 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)

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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

Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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

Ord. No. 1714-NS

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 devel opment 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 Repor t (November 3, 2022) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approv al 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 buildi ng permit, final site, grading, floor, elevation and roof plans shall be submitte d 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 Comm unity 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)

Ord. No. 1714-NS
as applicable, the Thousand Oaks Municipa l Code. Revised plans reflecting the minor changes and additional fees shall be required.

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

7. Compliance with Applicable Laws, Ru les, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement 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 insta llation, operation or maintenance of the residential development.

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

9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 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 t he job site to review field conditions, project conditions, methods and proc edures, individual and City department responsibilities associated with the project. Members attending this meeting shall include but not be limited to City depar tment representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape cons ultant general cont ractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

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

Ord. No. 1714-NS
discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a time ly fashion to prevent a potential blight from partially completed construction.

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

14. Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to park on off-site properties or congregate onsite before and after the construction hours authorized herein. Li kewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

15. Approval Inclusion – The following shall apply:
 This approval, in its entirety as adopt ed, 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, conditi ons, 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 concer ning 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 co rrective work and result in a City Code violation and appropriate action.

17. Indemnification – The applicant agrees to defen d, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or em ployees to attack, se t aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement 2022-70822-DAGR. T he City shall promptly notify the applicant of any claim, ac tion or proceeding and the City shall cooperate fully in the defense.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

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

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

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into betw een the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incor porate 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 A ffordable Rental Ho using Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these ei ght (8) restricted units for 70 years from the date the units initially become available for lease.

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

E. Affordable units should be comparabl e in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential 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 dispers ed throughout the development in a manner acceptable to the City.

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

The Affordable Agreement shall be revi ewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading 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)

Ord. No. 1714-NS

20. Mitigation Measure Compliance – All applicable mitigation measures contained in Appendix C of the Thous and 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 ar chaeologist can provide an eval uation of the nature and significance of the resources and until the Community Development Department can review this information.

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

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

BIOLOGICAL RESOURCES

23. Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determi ned by a qualified biologist t hat the nest is no longer 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:

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

Ord. No. 1714-NS

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

26. Architectural Building Design – The architectural design shall comply with the building plans as shown in the attachme nts 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 Pl an 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, spec ific materials and paint manufacturer colors, shall be submitted for the re view and approval by the Community Development Department. The applicant sha ll indicate the type of finish on the revised plans and materials and colors sample board.

28. Building Wall Treatment – The bu ilding walls shall incorporate architectural treatment to create a visually inte resting 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 Pl an 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.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

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 vi ew perspectives, including Thousand Oaks Boulevard, Moody Court, Long Cour t, and the 101 Freeway. In the event such equipment cannot be entirely screened fr om public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing indivi dual 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 manufac turer'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 transforme rs, 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 st ate that the grad ed pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments labeled “Preliminary Grading Plan,” date stamped 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 approv ed for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

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

Ord. No. 1714-NS

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 Polluti on Control District (AP CD) prior to beginning any construction activity.

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

38. City's Recycling Program – The project's owner shal l participate in the City of Thousand Oaks recycling program, which co llects 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 developm ent on the subject property shall be reviewed and approved by the Communi ty 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 tr ansitions are subject to review and approval of Community Development and Public Works Departments.

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

Ord. No. 1714-NS

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 b umps. 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 procedures for moving activities and mo ving-related vehicles/vans for all residential, commercial tenants and live/wo rk units. As part of the Parking Management Program, the applicant s hall provide appropriate signage and develop an action plan to prevent parki ng from spilling off-site onto adjacent locations. Said program shall be subj ect 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 wa ll 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 buil dings. 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 Calif ornia Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed condi tions of project entitlements shall be submitted under separate permit for revi ew 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 placem ent 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 m anufactured slopes shall be landscaped cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
with drought resistant native plants materi als including tree clusters and ground cover and provided with a permanent irri gation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion

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

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 mini mized. Landscape irri gation systems shall likewise be designed using low output spri nklers and/or drip automatic timed controls. All landscaping and irrigation plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO), with all applicable calculations provided on the cover sheet.

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 su ch 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 tempor ary five (5) foot high chain-link fence within the limits of the proposed development area. Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site.

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

LIGHTING

52. Restriction of Light Poles – Light poles are prohibit ed 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 th e City’s Security Ordinance utilizing decorative light fixtures wit h heights not to exceed four teen (14) feet in height. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 fi xture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

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 i ssuance 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/main tained on each side of the light fixtures visible from the parapet wall perspectives;
 Motion sensors shall be installed to lim it operation of the lighting to times activity is detected on the rooftop ar eas. Lighting shall be off when no activity is on the rooftop; and
 Stand-alone light standards sha ll not exceed 10’-0” in height.

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

Architecturally designed fixed pendant and bracket light fixtures are permitted. The 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.

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

Ord. No. 1714-NS

58. Light Source – Use of bright white, high intens ity 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 Oa ks Municipal Code. The design, color and location of all site and building signs as well as addre ss numbers shall be processed under separate permits. A sign permit application shall be submitted to the Community Development Department for review and approval.

2022-70535-PTP CONDITIONS

60. Scope of Permit Approval – The Protected Tree Permi t 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 pr otected zones of twenty-two (22) Oak trees; and  Encroachment into the pr otected zone of two (2) California sycamore trees.

61. Oak Tree Replacement – The applicant shall provid e 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.

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

Ord. No. 1714-NS
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 La ndmark 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 t he 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 t he construction activities and for the overall long-term health of the trees whic h is also approved under this permit.

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

66. Mitigation Tree Mainte nance 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
oak trees and does not include wateri ng during summer months when natural 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 t he applicant’s oak tr ee 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 Developm ent Department a semi-annual report regarding the conditions of the oak trees.

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

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

69. Site Monitoring – Unless otherwise modified herei n, all authorized pruning and encroachment activities shall be conduc ted in accordance with the conditions contained herein. All work shall be 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 Co mmunity Development Department, of all onsite and offsite oak trees and landmark trees. Installation of said fence shall be reviewed and approved by the Planning Div ision of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the dev elopment period. The fence shall be removed upon completion of construc tion and upon authorization from the Community Development Department, Planning Division.

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

Ord. No. 1714-NS
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.

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 per formed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Guidelines Resolution, No. 2010-14, and ob served 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 e xcept 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 th is Oak Tree Permit have be en met and that protective measures, to ensure the preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak Tree Consultant, paid for by the applicant, shall be performed upon receipt of certification and prior to final inspection for building occupancy.

PUBLIC WORKS DEPARTMENT

GENERAL

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

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 pa rties utilizing said Plates for construction purposes. The Standards establish unifo rm criteria, polices, standard 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)

Ord. No. 1714-NS
procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review t he methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Stand ards are available for download at www.toaks.org/roadstandards.

80. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possessi on 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 photogr ammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the dat a was compiled or obtained must be shown on the plan. Topography must be pres ented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 f eet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

82. Title Report – A copy of the applicant’s prelim inary title report for the subject property, dated within 1 year of the entitle ment application, shall be submitted to the Public Works Department for review prior to grading 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 requiri ng City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

84. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfacti on of the City Engineer. Prior to the start of construction and prior to the disturbance or destruction of any existing survey monument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Su rveyor showing monuments that will be disturbed or destroyed, along with the referenc e monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provid ed to the City that the surveying has been completed.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

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.

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

The applicant shall also pay the estab lished 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 t he project. A 15-foot easement shall be dedica ted 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, foldi ng 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 purveyo r. If service laterals are relocated, the applicant’s engineer shall proce ss a change order and pay any applicable charges for said change order.

88. Fire-Flow Verification - The applicant shall pa y 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 su fficient 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 pr ovided to the Departm ent before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be checked or processed unless t hese 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 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 hydr ant in all directi ons. Where detached sidewalks are installed, the pad shall be rectangular, ext end 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 loca ted within a specific easement, right- of-way, or public service easement s hown on the tract map or dedicated by separate instrument dedicated to or usabl e 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 irri gation 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 appr opriate backflow device(s) installed, tested and certified (by an approved i ndependent 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 des ign and construct new backflow connection devices for the project’ s irrigation water as well as fire sprinkler systems. Prior to the iss uance 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.). T hese laterals must be made of copper; all poly services must be abandoned at the main under Department inspection and the meter boxes removed.

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

Ord. No. 1714-NS

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 "prelimin ary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent co rrectness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of pl umbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request. 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 subjec t 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 D epartment 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 me thods may be utilized but are subject to Department approval. If the lateral is ac ceptable to the D epartment, it may be reused; where it is not acc eptable, a replacement latera l 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 b ond/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 y ear). 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 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 offsit e 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 number s of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.

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, supporti ng hydrology and hydraulic calculation reports, title report, and ot her items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepar e and submit detail ed erosion control cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
plans for both phases of land developmen t; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed impr ovements, drainage featur es, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plancheck and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated a fter the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

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 st orm 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, re tention/detention, inlet hydr aulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing c onveyances possess sufficient capacity to pass the Q10 (developed) and to demonstr ate 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 gutte rs will only be considered under special circumstances as determined by the Pub lic Works and Community Development Directors (MC 9-4.2405).
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

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. Inasmu ch as these are the anticipated discharges from the interior of the parking stru cture, 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 conf ormance with all local, state and federal regulations. The roof and other surfaces of the parking structure directly exposed to rainfall may be drained and dischar ged 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, c onstraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).

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 Q 10 (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 ad jacent 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. T he 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 entir e length of the sidewalk ac ross the driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) prior to in itiating construction of said driveway improvements.

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

Ord. No. 1714-NS
112. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavem ent section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspec tion fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

113. NPDES Permit Compliance – NPDES Permit Compliance - Development shall be undertaken in accordance with conditi ons and requirements of the Ventura Countywide Stormwater Quality M anagement Program, Na tional Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practice s in accordance with the latest applicable version of the Countywide Sto rmwater Program “Technical Guidance Manual” and the California St ormwater Quality Asso ciation (CASQA) “BMP Handbooks” and/or other approved refere nce 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 Managem ent 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 c an contribute to urban runoff pollution.

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

Applicant may employ pervious landsca ping 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilitie s 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 M anagement Practices. Contai ned within the Covenant and Deed Restriction must be a description of the BMP’s that are being provided as part of the project, a descripti on of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits (MC 7-8.401(c)).

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

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

TRAFFIC

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

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

Ord. No. 1714-NS
119. Gated Entrance – The design of any gated entranc e shall comply with the City standards subject to review and approval of the Traffic Engi neer, Ventura Fire Department and the Department of Comm unity Development. Any use of decorative pavers as paving material and located around a central planter shall be subject to review and approval by the D epartment 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.

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

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

Refer to the City’s revised waste ordi nance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and cl earances. Resident cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
access to Waste Enclosures serving MF D-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.

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 requi rements 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 s eparately 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 specif ic 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, in stalling the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings.

128. Turf/Grass – State law now prohibits the wate ring of non-functional turf in commercial developments. A waiver from the Sustainability Division is required to use potable water for turf. The waiver mu st 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 Poll ution Control District methods of dust control for eligible methods, for the duration of the water restrictions.

Alternatives to the use of use of pot able water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potabl e water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

130. Electric Vehicles – 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apar tments are approved to be occupied. 20% of the parking spaces will be EV Capabl e (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.

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 wit h adopted Amendments and the City of Thousand Oaks Public Works Water Works (w hichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaini ng 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 che ck, 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 wit h the Fire Department requirements for Emergency Preparedness Requirements as i ndicated 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 fi re 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
of a pitched roof, the intersection of the ro of to the exterior wall, or the top of parapet walls, whichever is greater. O ne aerial apparatus access road shall be provided per 50,000 square feet of buildin g area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads sh all be located within a minimum of 15 feet and a maximum of 30 feet from the bu ilding. 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 bu ilding, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscapi ng and other improvements between the required access and the build ings shall not interfer e with aerial ladder fire apparatus operations, as approved by the fire district.

138. Mitigation to Aerial Fi re Apparatus Access Roads - The fire code official is authorized to reduce the r equired width to not less than 24 feet when all the following are provided.
 Automatic fire sprinklers are in stalled 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 pr ovided 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% el evation 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 firs t lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
any construction activities within the dev elopment 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.

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 mark ings 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 Californ ia 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, I ndustrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
 Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
 The required fire flow shall be ac hieved at no less than 20-psi residual pressure.
 Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant.  Fire hydrants shall be set back from the curb face 24 inches on center.  No obstructions, including walls, tr ees, lights, signposts, and meters shall be placed within three feet of any hydrant.
 A concrete pad shall be installed ext ending 18 inches in all directions from the fire hydrant.
 Ground clearance to the lowest operat ing 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 cu rrent VCFPD Ordinance at time of building permit application.
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

149. Standpipe Systems - Standpipe systems shall be in stalled 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 withi n a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropria te fees in accordance with VCFPD Standards.

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 buildi ngs 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 prov ided 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 occupancie s. 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 maxi mum 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.

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

Ord. No. 1714-NS
159. Walk and Pedestrian Gates - If gates are to be locke d, a Knox system shall be installed. The method of gate control, including oper ation 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 Dis trict 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, Indus trial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, s hall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated num bers shall not be used. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additi onal 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 cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 al uminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the as tragal shall comply with all applicable provisions of t he Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy- duty cylinder guards installed.

All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.

169. ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly cont rasting color to the background on which they are attached, and shall be illumi nated 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 in terior 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 c ontrol device as to restrict access from the general, non-residi ng 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 Sher iff’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 disc ourage, 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. cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
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 change s 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 egre ss 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 re corded 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 orde r to minimize blind spots and areas of concealment. Security mi rrors 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 s hall comply with the followi ng lighting requirements in the proposed parking structure:
 A minimum five-foot candles at the fl oor level shall be provided on interior driving aisles, at all times.

 The roof parking area shall have a mini mum 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 hav e a minimum maintained ten-foot candle at floor level at all times.

The lighting for the parking structure s hall 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 surveillanc e. All driveway entrances shall 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)

Ord. No. 1714-NS
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 indicati ng 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. A ccess 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)

Ord. No. 1714-NS
EXHIBIT “E”

Greens Initiative Outline

 Central Location with Readily Accessibl e 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 condu it and receptacles – 35% of total Parking (10% above Title 24 requirement)
 Dedicated Car-Sharing Program to reduce single occupancy trips  Rooftop Solar Farm pe r 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 Impr ove 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 Clean ing & Maintenance Program  Collection & Sorting of Debris & Tr ash 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)

Ord. No. 1714-NS

EXHIBIT “F”

2022 Ventura County Income Limits Chart

2022 Ventura County Income Limits
Annual
Income
1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely
Low
(15%)
$ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely
Low
(30%)
$ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low
(50%)
$ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower
(80%)
$ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124,450 $ 132,500 Median
(100%)
$ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143,100 $ 152,350 Moderate
(120%)
$ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 171,750 $ 182,800