Thousand Oaks City Council
July 11, 2023

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS, CALIFORNIA,
AMENDING TITLE 1, "GENERAL PROVISIONS," BY
ADDING CHAPTER 16, "DISTRICT-BASED
ELECTIONS," OF THE THOUSAND OAKS MUNICIPAL

CODE TO ESTABLISH A DISTRICT-BASED

ELECTORAL SYSTEM, ADOPT A MAP DESCRIBING

THE BOUNDARIES OF EACH DISTRICT, AND
IDENTIFY THE DISTRICTS TO HOLD A DISTRICTBASED ELECTION IN 2024 AND 2026 TO IMPLEMENT DISTRICT-BASED ELECTIONS (ELECTIONS CODE §
10010)
WHEREAS, the City of Thousand Oaks supports the full participation of all citizens in electing Members of the City Council; and
WHEREAS, the City of Thousand Oaks currently elects its five (5) Members of the City Council using an at large election system, where candidates may reside in any part of the City and each Member of the City Council is elected by the voters of the entire City; and
WHEREAS, on March 15, 2023, the City received a letter from the law firm of Radcliff Mayes, LLP alleging the City's at-large method of electing members of City Council violates the California Voting Rights Act (CVRA/the Act). The letter demanded the City transition to district-based elections or face litigation under the CVRA; and
WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large City Council method of election to a district-based City Council method of election requires a total of four public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and
WHEREAS, the council finds the most suitable by-district method of electing councilmembers is to divide the city into five districts and have the residents of each district elect a resident who resides in their district to the council; and WHEREAS, at a regular meeting of the City Council of the City of Thousand Oaks held on April 25, 2023, the City Council adopted Resolution No. 2023-011 that initiated the process of establishing a district-based election system and adopting the schedule therefore; and
ATTACHMENT #2
Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

WHEREAS, thereafter, at a regular meeting of the City Council of the City of Thousand Oaks held on May 9, 2023, and May 16, 2023, respectively, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Thousand Oaks considered and discussed the same; and WHEREAS, thereafter, at a regular meeting of the City Council of the City of Thousand Oaks held on June 20, 2023, and July 11, 2023, respectively, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven days before the meetings of June 20, 2023, and July 11, 2023, and the proposed sequence of elections, and the City Council of the City of Thousand Oaks considered and discussed the same; and
WHEREAS, at the regular meeting of the City Council of the City of Thousand Oaks held on July 11, 2023, the City Council held the final public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected the voting district map known as the "Map ___", (attached hereto as Exhibit A), and selected Council District Nos. ___ and ___ seats for the 2024 ballot, and Council District Nos. ___, ____, and ____ seats for the 2026 ballot, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of Thousand Oaks; and
WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, but not limited to, public workshops held on May 11, 2023; June 3, 2023; June 22, 2023; and June 24, 2023; and a pop-up event held on June 23, 2023; and
WHEREAS, the purpose of this Ordinance is to enact provision providing for the election of Members of the City Council of the City of Thousand Oaks on a district-based system for single-member districts as reflected in Exhibit A to this Ordinance, in furtherance of the purposes of the California Voting Rights Act of 2001, Elections Code Section 14025 et seq., and to implement the guarantees of Section 7 of Article I and of Article II of the California Constitution.

Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

NOW, THEREFORE, the Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1
Section 1. RECITALS. The foregoing recitals are true and correct.

Part 2
Section 2. AMENDMENT OF CODE. Title 1, "General Provisions," of the City of Thousand Oaks Municipal Code is hereby amended to read as follows:

Chapter 16
District-based Elections
Sections:
1-16.01 Purpose.
1-16.02 District-Based Electoral System.
1-16.03 Establishment of City Council Electoral Districts. 1-16.04 Election Schedule.
1-16.01 Purpose.

The City’s at-large voting system used to elect members of the City Council was challenged under the California Voting Rights Act. In response, the City Council voted to voluntarily transition from at-large elections to districtbased elections. The purpose of this Chapter is to establish the respective districts; set forth the schedule for district elections; and set forth the other procedures applicable to the City’s transition from at-large elections to district-based elections.
1-16.02 District-Based Electoral System.

Pursuant to California Government Code Section 34886 and the schedule established in Section 1-16.03 of this Chapter, beginning in November 2024, Members of the City Council shall be elected on a district-based electoral system from five (5) single-member City Council Districts. For purposes of this Chapter, the term 'district-based electoral system' shall mean the election of Members of the City Council by the voters of the district alone. The City's district-based electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (a).

Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

1-16.03 Establishment of City Council Electoral Districts. (a) Pursuant to Section 1-16.02 of this Chapter, Members of the City Council shall be elected on a district-based electoral system, from the five City Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:
(1) City Council District 1 shall comprise all that portion of the City reflected on Exhibit A.
(2) City Council District 2 shall comprise all that portion of the City reflected on Exhibit A.
(3) City Council District 3 shall comprise all that portion of the City reflected on Exhibit A.
(4) City Council District 4 shall comprise all that portion of the City reflected in Exhibit A.
(5) City Council District 5 shall comprise all that portion of the City reflected in Exhibit A.
(b) Members of the City Council shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law.
(c) Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the Member of the City Council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Elections Code Section 10227.

Termination of residency in a district by a Member of the City Council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.
(d) Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the Members of the City Council in office at the time the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each Member of the City Council, that Member of the City Council's Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

successor shall be elected on a district-based system in the districts established in Section 1-16.02 of this Chapter.
1-16.04 Election Schedule.

Except as otherwise required by California Government Code Section 36512, the Members of the City Council shall be elected in Council Districts Nos. ___ and ___ beginning at the General Municipal Election in November, 2024, and every four years thereafter, as such Council Districts shall be amended. Members of the City Council shall be elected from Council Districts Nos. ___, ___, and ___ beginning at the General Municipal Election in November 2026, and every four years thereafter, as such Council Districts shall be amended."
Section 3. MAP. A map showing the districts described in this Ordinance and codified in Section 1-16.03 of the City of Thousand Oaks Municipal Code is attached hereto as Attachment A and incorporated herein by reference.

Section 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. TECHNICAL ADJUSTMENTS. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 6. CONFLICTING TERMS. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

Part 3
(Uncodified)
Severability
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 affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 4
(Uncodified)
Effective Date
The Ordinance shall take effect immediately pursuant to California Government Code section 36937(a).

PASSED AND ADOPTED this XXth day of XXXXX, 2023, by the following vote:

Ayes:

Noes:

Absent:
_______________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Laura B. Maguire, City Clerk
Date Attested: _________________
Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

APPROVED AS TO FORM
Office of the City Attorney
_____________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 2023
Published: XXXX XX, 2023
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

Exhibit A
(Will be included once map is approved)
Item No.10A
Agenda Related Items - Meeting of July 11, 2023
Supplemental Packet Date: July 10, 2023

THOUSAND OAKS CITY COUNCIL
Supplemental
Information
Packet
Americans with Disabilities Act (ADA):

In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk Department at (805) 449-2151. Assisted listening devices are available at this meeting. Ask City Clerk staff if you desire to use this device. Upon request, the agenda and documents in this agenda packet, can be made available in appropriate alternative formats to persons with a disability. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.
5:00 p.m.

Supplemental Information:

Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. The Supplemental Packet is available for public inspection on the City’s website at toaks.org/agendas or by contacting the City Clerk Dept at (805) 449-2151 during normal business hours [main location pursuant to the Brown Act, G.C. 54957.5(2)].

To: Andrew P. Powers, City Manager
From: Laura B. Maguire, City Clerk
Date: July 11, 2023
Subject: Item No. 10.A – Transition to District Elections Hearing #4 - District Boundary Maps and Sequencing of Elections
There was an error in uploading the demographic data sheet attached to Map 104 in Attachment #1 of the staff report for the above-captioned agenda item. The data sheet uploaded to the Agenda Packet had the Voting Age Population (VAP) data incorrectly labeled as Citizen VAP (CVAP) data. We were first alerted to the mislabeling error on the data sheets on June 22, 2023 and, in response, all of the data sheets associated with the maps were updated to correctly label VAP data as VAP data. As a result, the demographic data sheet attached to Map 104 that has been posted on the City’s website (maptoaks.org) for the entirety of the required review period correctly labeled the VAP data as VAP and not as CVAP.

Attached to this memo is Map 104 with the correctly labeled VAP on the demographic data sheet.

CCD:610-10\lm\H:\COMMON\Elections\District Elections\March 2023\Staff Reports\07-11-23\07112023 Supplemental Memo.docx
Thousand Oaks Districting 2023
National Demographics Corporation June 8, 2023
Public Map 104
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Public 104
District 1
Total Pop 26,161
Deviation from ideal 734
% Deviation 2.89%
% Hisp 12.7%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 20,341
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,979
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 17,238
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 13,053
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,549
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 25,938
511

2.01%
18%
63%
2%
14%
21,175
16%
66%
2%
13%
16,847
10%
9%
6%
1%
82%
1%
15,152
9%
8%
6%
1%
83%
1%
11,793
7%
7%
5%
1%
85%
1%
25,448
25%
50%
26%
17%
55%
80%
10%
6%
4%
6%
45%
31%
20%
30%
57%
10%
10%
13%
46%
21%
78%
22%
31%
69%
3 24,534
-893
-3.51%
15%
66%
2%
14%
19,409
13%
69%
2%
13%
17,719
8%
8%
7%
1%
82%
1%
16,003
8%
7%
7%
1%
83%
1%
12,262
7%
7%
6%
1%
85%
1%
24,301
23%
46%
31%
16%
75%
78%
9%
6%
7%
6%
42%
33%
22%
28%
60%
6%
10%
9%
45%
29%
93%
7%
20%
80%
4 25,699
272

1.07%
12%
72%
2%
10%
21,339
11%
75%
2%
10%
19,412
7%
7%
4%
1%
87%
2%
17,459
7%
6%
4%
1%
87%
2%
13,552
6%
5%
3%
0%
89%
2%
25,604
19%
48%
33%
15%
76%
82%
7%
6%
6%
5%
40%
33%
24%
20%
62%
7%
11%
12%
39%
30%
85%
15%
26%
74%
5 24,802
-625
-2.46%
43%
44%
2%
8%
19,581
39%
48%
2%
8%
12,981
25%
23%
3%
1%
71%
1%
10,929
23%
21%
3%
1%
73%
1%
7,450
19%
18%
3%
1%
76%
1%
25,594
24%
56%
20%
24%
44%
63%
30%
3%
4%
15%
54%
21%
10%
26%
69%
22%
17%
13%
38%
10%
59%
41%
56%
44%
Total
127,134
1,627

6.40%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/08/2023 13:39 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 20, 2023
SUBJECT: Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W.

Hillcrest Drive
RECOMMENDATION:

1. Adopt resolution to certify the Final Environmental Impact Report (EIR) 2022- 70774-EIR in accordance with the California Environmental Quality Act (CEQA); and approve General Plan Land Use Element Amendment (LU) 2021- 70169-LU, Zone Change (Z) 2022-70776-Z; Specific Plan (SP) 2022-70778- SP; Development Agreement (DAGR) 2022-70777-DAGR; Development Permit (DP) 2022-70773-DP, and Protected Tree Permit (PTP) 2022-70780- PTP.

2. Adopt resolution to approve Special Use Permit (SUP) 2022-70779-SUP.

3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Zoning Change (Z) 2022-70776-Z and Specific Plan (SP) 2022-70778-SP.

4. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement (DAGR) 2022-70777-DAGR.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

Prescreen
On April 27, 2021, a Residential Capacity Allocation (RCA), 2021-70168-RCA, and initiation of a General Plan Amendment, 2021-70169-LU, for the above project was authorized by City Council through the adoption of Resolution No. 2021-014 which allocated 246 multi-family units for the residential portions of the project. In addition, City Council also allowed concurrent processing of entitlement applications with legislative actions for this project.

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

On March 14, 2022, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other feedback on the project design.

On March 29, 2022, City Council approved an extension of time to submit its formal application for the proposed project at the site.

On August 9, 2022, the applicant began submitting the subject formal applications, which are listed in the “Recommendation” section of this report.

Planning Commission
The proposed project was presented at the Planning Commission hearing on June 5, 2023 (Attachment #1). During the hearing, six public speakers commented on the project:
• Two representing the Southwest Mountain States Regional Council of Carpenters (SWMSRCC) requested the project be required to utilize locally based union labor, particularly at the apprenticeship level to encourage local investment and reduce traffic to the work site.
• One representative of Many Mansions spoke in favor of the project and its inclusion of affordable housing units, and further commented that additional features or services for children would be beneficial.
• One representative of the Chamber of Commerce spoke in favor of the project, including its design and amenities offered.
• Two residents of the same household stated they lived near the project site and expressed concerns over the size of the development, risk of overcrowding, burden on water and electricity resources, and traffic and parking impacts. Both also noted that the design was appealing.

Planning Commissioners asked questions about the equitable distribution of affordable units. Although equitable distribution is a state statutory requirement, the Planning Commission moved to revise the resolution to strengthen the conditions related to equitable appearance and distribution of affordable units by changing a few instances of the word “should” to “must”. Other questions were related to the necessity of the specific plan, the amount of private open space proposed in comparison to Thousand Oaks Municipal Code (TOMC) regulations, opportunities to regulate parking, and how the proposed General Plan update designates the site in its current draft state. Concerns regarding the site’s height and density were expressed, along with appreciation for the affordable units provided, location in proximity to a growing job base, surplus bicycle and scooter infrastructure that included electrical connections for e-bikes, and the overall design of the project.

In addition, after the packet was distributed, several corrections to the Planning Commission agenda packet were made. A list of errata and updates to materials made since the Planning Commission meeting is included as Attachment #2.

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Project Site and Setting
The project site consists of one parcel totaling 8.28 gross acres at 2150 West Hillcrest Drive, currently developed with a vacant commercial office building, surface parking areas, and landscaping as shown below in Figure 1.

The project site is surrounded by developed urban uses and generally located north of US 101, east of Rancho Conejo Boulevard and a Chevron gas station and mini mart, south of Hillcrest Drive, and west of an existing multifamily apartment complex known as “The Linden Apartments.”
Figure 1: Existing Conditions
Source: GIS 2023
The topography of the site descends slightly from the northeast corner of Hillcrest Drive to the rear of the developed area which abuts a row of existing trees and the South Branch Arroyo Conejo (a channelized drainage course).

DISCUSSION/ANALYSIS:

This discussion provides a broad overview of the project details. Focused and detailed discussion on project features is contained in the staff report to the Planning Commission dated June 5, 2023 (Attachment #1). Included as attachments to the Planning Commission report are:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Attachment #4 – Resolution for 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP
Attachment #5 – Resolution for 2022-70779-SUP
Attachment #6A – SP-24 Ordinance
Attachment #6B – SP-24
Attachment #7A – DAGR (2022-70777-DAGR) Ordinance
Attachment #8 – Project Plans, dated May 26, 2023
Attachment #9 – 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022
Attachment #10 – Oak Tree Report, dated May 4, 2023
Attachment #11 – Draft EIR (2022-70774-EIR)
Attachment #1 also includes:
• Planning Commission Hearing Supplemental Packet 1 –
o Draft Development Agreement 2022-70777-DAGR (Attachment #7B).
o The Final Environmental Impact Report 2022-70774-EIR
(Attachment #12).
• Planning Commission Hearing Supplemental Packet 2 –
o Public Correspondence
• Planning Commission Hearing PowerPoint Presentation including changes to the conditions as outlined on Slide #39
Project Description
Overview
The project consists of a four-story mixed-use development (with the fourth floor of each proposed building to be stepped back from adjacent roadways and public views), encompassing 629,437 gross sq. ft. of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross sq. ft. of commercial, retail, and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and 119 surface parking spaces (581 total parking spaces). Access is provided via two entry drives off Hillcrest Drive with each leading to internal roads that mostly encircle the proposed buildings (see Figure 2).

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Figure 2: Proposed Site Plan
Land Use General Plan Amendment, Zone Change, and Specific Plan (2021- 70169-LU; 2022-70776-Z, and 2022-70778-SP)
The project requires a General Plan Land Use Element Amendment to change the designation of the site from Commercial to Commercial/Residential as well as a change to the zoning designation from Community Shopping Center (C-3) to Specific Plan-24 (SP-24) to accommodate the proposed mixed-use development.

The zone change and specific plan are proposed by ordinance (Attachment #3).

The TOMC does not currently include a zoning designation or development standards for mixed-use projects. Therefore, a specific plan is necessary to establish a zoning allowance, specific development and design provisions, permitted land uses, infrastructure requirements, implementation measures, and other criteria to ensure the project remains consistent with the General Plan (Attachment #4).

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Density and Unit Mix
Per the proposed General Plan land use and zoning designations for the site, the subject property has a maximum allowed base density of 30 units per net acre, therefore allowing 246 dwelling units on the subject site (8.19 net acres x 30 units per acre = 245.7 units, rounded up), as allocated under 2021-70168-RCA. The maximum density for this project without a density bonus is 246 dwelling units.

The project is proposing 11 percent of the 246 base units be designated as affordable units in the very low-income category. This percentage is applied to the base 246 units, which equates to 28 affordable very-low-income units, entitling the applicant a 35 percent density bonus according to State Density Bonus Law. This bonus translates to 87 density bonus units for a total of 333 maximum dwelling units allowed. The project proposes a total of 333 dwelling units, inclusive of all proposed affordable units, through the unit mix described in Table 1, below.

Table 1 – Unit Mix
Unit Type Number
of Units
Percentage
of Total Units
Affordable Units Average
Sq. Ft.
1-Bedroom 140 42% 17 Very-Low + 2
Moderate
732
1-Bedroom with Den 40 12% 0 872
2-Bedroom including
2 Live/Work
125 37.5% 11 Very-Low + 1
Moderate
1,107
3-Bedroom 28 8.4% 2 Very-Low 1,430
TOTAL 333 33 948
In addition to the 28 “Very-Low”-income restricted units, the applicant has agreed to provide two additional “Very-Low”-income restricted units, and three additional “Moderate”-income restricted units, for an overall total of 33 affordable units, five above the minimum amount required to qualify for the 35 percent density bonus.

The remainder of the units will be offered at market-rate which is the “Above Moderate” income level. Once building permits are issued for the development, each unit will count towards the City’s 6th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029.

Building Form and Design
The project would create a mixed-use residential apartment community comprised architecturally of two buildings. The northerly building, fronting West Hillcrest Drive (Building A), would be mixed-use, with three levels of apartments above a ground floor of parking garage encapsulated by residential units and two commercial tenant spaces. Design features for this building include a first-floor stepback at the northeast corner, a fourth-floor roof deck, second-floor roof decks on the north and south sides, a fourth-floor stepback above the entire north and west facades, trellises above the commercial areas, and a variety of material changes throughout.

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

The second podium building (Building B) would include residential uses located in the middle and rear of the site, which appear as four larger structures connected by various walking paths, breezeways, and bridges. The smaller leasing building incorporated into “Building B” would house the leasing office and other functional components.

The project’s architectural design is a Modern style. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, simulated wood fiber cement panels, brick veneer, multi-panel window areas with dark bronze trim, bronze and glass balcony railings, awnings, and trellises (Attachment #5). The proposed building design, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the adjacent commercial and residential developments. The architectural design incorporates massing and offset requirements incorporated into SP-24. Additional decorative roof line trim and enhanced façade materials are required by conditions of approval in order to further improve building design and reduce building mass and scale (Attachment #6).

Figure 3 – Project Massing
Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

The one to four-story project would be 55 feet tall at its highest point. The site topography informs the site design, as the structure appears to notch into the existing slope moving from the 101 Freeway towards the northern end of the site fronting Hillcrest. The landscape buffers and surface lots provide extended setback area between the proposed development and the existing adjacent properties. In addition, fourth floor stepbacks are provided on the external facades to further reduce the appearance of height from neighboring properties, as seen in Figure 3.

Open Space and Amenities
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. Public amenities proposed include a publicly accessible seating area located at the western entrance of the site as well as a heavily landscaped walking path along the western property line adjacent to Rancho Conejo Boulevard to complement the City’s gateway sign (to be replaced and upgraded per the negotiated DAGR).

Private common amenities available to residents and their guests include approximately 50,781 sq. ft. of indoor and outdoor spaces such as a co-working area, fitness room, game room, lounge, roof decks, outdoor landscaped open space areas, a swimming pool, a playground, courtyard spaces with active play areas, barbecue areas, and a dog run.

Private amenities are provided for each individual unit as well as the public and common facilities. All units include private open space, either in the form of a balcony or a private stoop that range between 50 to 480 sq. ft, with an average size of 88 sq. ft. In addition, a minimum of 56 cubic feet of private storage locker is provided per unit, to supplement the bicycle storage facilities on site and private open spaces provided for each unit.

Access, Traffic, and Parking
Primary ingress and egress to the site is provided from two bi-directional driveways, both accessed from Hillcrest Drive. In addition, a pedestrian-oriented street bisects the property between the mixed-use building (Building A) and the residential-only building (Building B) which provides access to temporary parking and loading areas as well as parallel parking spaces to serve the commercial uses.

According to the traffic study conducted for this project, the level of service (LOS) grades at existing intersections studied near the project site currently operate at a LOS “C” or better during morning and evening peak hours, which would remain unchanged by the proposed project. In addition, as required by CEQA, a Vehicle Miles Traveled (VMT) analysis determined the transportation impacts resulting from the project would be less than significant and no mitigation measures are required. The project’s daily residential VMT per capita and commercial VMT per employee would be approximately 32 percent and 18 percent less than the Citywide averages, respectively.

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

A total of 581 parking spaces are proposed through a mix of both subterranean garage and surface parking (see Table 2). The proposed SP-24 mimics the requirement for restaurant and commercial off-street parking included in other recently adopted specific plans and proposes residential parking rate requirements slightly higher than that allowed by State Density Bonus Law. Approximately 52 surplus parking spaces are proposed in addition to two larger loading spaces.

Table 2: Vehicle Parking Supply and Demand
Parking Categories Parking Ratio Number of Units/
Commercial s.f.

Parking
Required
Parking
Provided
Residential
1 Bedroom 1 space/unit 180 180
2 Bedroom 2 spaces/unit* 125 250
3 Bedroom 2 spaces/unit* 28 56
Total Residential 333 486
486
Commercial
First 2,000 s.f. 1 space/200 s.f. 2,000 s.f 10
>2,000 s.f. 1 space/100 s.f. 3,300 s.f***. 33 43
Total Commercial 5,300 s.f. 43 43
Surplus Parking** None 52***
Total Parking 529 581
*1.5 space/unit allowed by State density bonus law and TOMC, applicant providing 2 spaces/unit. **State density bonus law exempts provision of guest parking. *** To apply a more conservative rate, the entire square footage of commercial area is assumed to be a restaurant rather than a mix of retail and restaurant space. **** The 52 surplus spaces are not designated for either use type specifically and may be used by either commercial visitors or residential guests.

Protected Tree Permit
Twenty-eight protected Coast Live oak (Quercus agrifolia) trees are located on the subject property. The project proposes the removal of 17 oak (Quercus agrifolia) trees and encroachment within the protected zone of eight oak (Quercus agrifolia) trees to accommodate Building A as well as adequate vehicular and pedestrian circulation and parking facilities, the latter being stated as a City Council priority during the public hearing initiating the General Plan Amendment and allocating the residential capacity. Existing protected trees located along the public right-of-way were prioritized for preservation both with and without conditional encroachments.

Three coast live oak trees will be saved and not encroached upon.

Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees). Forty of the 51 required replacement trees are to be planted on-site per the proposed landscape plan. Therefore, the applicant, prior to issuance of a certificate of occupancy, will either need to submit a new Replacement Tree Plan to propose the planting of the trees at an off-site Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

location for public benefit, subject to Community Development Director approval, or provide an in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution No. 2010-014.

As proposed, replacement trees have been strategically located around the perimeter of the subject property in order to provide a physical barrier between the residential structures and surrounding roadways. Such placement would provide visual screening to and from the roadways and reduce noise entering the site.

Special Use Permit
The project is requesting a SUP to allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future restaurant use (Attachment #7). In addition to obtaining approval from the State for an Alcoholic Beverage License, businesses in Thousand Oaks that propose to offer on-site sale and consumption of alcoholic beverages must obtain approval of a SUP from the City.

The specifics of future tenants of the proposed commercial units, including exact business type and hours of operation, are not currently known. However, future businesses that intend to utilize a liquor license within the property’s commercial area would be allowed the option to transfer the SUP to their name and assume the responsibilities of the permit through review and approval of a Minor Modification application prior to occupancy. The resolution to recommend approval of the SUP is separate from the resolution to recommend approval for the rest of the project applications in order to allow future tenants the ability to accept the conditions of approval for the SUP only, and for the City to revoke that entitlement more easily, should cause for that arise in the future.

DAGR
A DAGR is required to be adopted by ordinance for approval of projects that receive allocation of Measure E units (Attachment #8). This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units and site improvements (Attachment #9).

If the project is approved and constructed as proposed, the City will have 300 market-rate units, 30 very-low-income restricted affordable units, and three moderate income restricted affordable units to add to its residential stock and count towards the current RHNA requirements from the State, as well as the demolition of an ageing commercial site, inclusion of amenities such as approximately 1,050 square feet of resident-only work/share space and electric bicycle and scooter charging stations, as well as the replacement of the existing City gateway sign.

In return for these public benefits, the applicant’s application will be considered for approval of the General Plan Amendment and the requisite Measure E unit allocation required to build the mixed-use multi-family apartment development.

Additional points of this DAGR include timelines for the submittal of building Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

permits for the construction of structures (two years), the term of the DAGR (seven years unless project is completed), and descriptions of major and minor amendment criteria.

Environmental Review
In accordance with CEQA, the City (as the Lead Agency), performed a comprehensive evaluation of the potential environmental impacts for this project.

This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore a Draft EIR was prepared for the project. Appropriate measures are detailed in the report to ensure mitigation is in place so no significant adverse environmental impacts are caused by the project. To that end, a mitigation monitoring and reporting program (MMRP) is required to ensure the indicated mitigation measures are applied to the project (Attachment #6).

A Notice of Availability was posted with a 45-day public review period for the Draft EIR between April 7, 2023, and May 22, 2023. Correspondence was received from the public (non-agency) as well as public agencies that included: Ventura County Air Pollution Control District (VCAPCD), California Department of Transportation (DOT), Ventura County Environmental Health, and Ventura County Fire Department regarding the Draft EIR posting, which is included in the Response to Comments (RTC) within the CEQA Findings for the Final EIR (Document provided under separate cover). None of the comments received on the Draft EIR for this project merit any substantive change to the environmental analysis or conclusions contained in the Draft EIR. Further, comments requesting to have the Draft EIR recirculated are unsupported by the record and are meritless. It is therefore recommended that City Council certify and adopt the Final EIR prepared for the project in accordance with CEQA (2022-70774-EIR).

Correspondence
To date, staff has received one letter as public correspondence in response to the project beyond what was received prior to the Planning Commission meeting, provided as Attachment #10.

Conclusion
The proposed project has been designed to meet the intent of the City’s standards, codes, and policies. The proposed building design and site layout integrate well with surrounding development and have a cohesive architectural design meeting the City’s Architectural Design Guidelines. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions.

Item No. 10B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and selfsustaining "Downtown;” and, continue to support production of long-term affordable housing.

PREPARED BY: Justine Kendall, Associate Planner
Attachments:

Attachment #1 – Planning Commission Staff Report Packet of June 5 2023 Attachment #2 – Errata and Updates to Attachment #1 Materials Attachment #3 – 2022-70776-Z and 2022-70778-SP Ordinance Attachment #4 – 2022-70776-Z and 2022-70778-SP Ordinance Exhibit B Attachment #5 – Project Plans dated May 26, 2023
Attachment #6 – 2022-70774-EIR; 2021-70169-LU; 2022-70776-Z; 2022- 70777-DAGR; 2022-70778-SP; 2022-70773-DP; and
2022-70780-PTP Resolution
Attachment #7 – 2022-70779-SUP Resolution
Attachment #8 – 2022-70777-DAGR Ordinance
Attachment #9 – 2022-70777-DAGR Ordinance Exhibit A
Attachment #10 – Public Correspondence
Documents Under Separate Cover:
#1 LINK: Latigo Hillcrest Project (EIR 2022-70774) – Draft and Final cdd:420-46/H:/COMMON/City Council\CC Agenda Items/2023/06202023/Latigo 2022-70773/Staff Report/pz (FILE ID:
2022-70773-DP)
Item No. 10B
TO: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: June 5, 2023
SUBJECT: Proposed Mixed-Use (Commercial and Multi-Family Residential) Development
APPLICATIONS: General Plan Land Use Element Amendment 2021-70169- LU,
Zoning Change 2022-70776-Z,
Specific Plan 2022-70778-SP,
Development Agreement 2022-70777-DAGR,
Development Permit 2022-70773-DP,
Special Use Permit 2022-70779-SUP,
Protected Tree Permit 2022-70780-PTP, and
Environmental Impact Report 2022-70774-EIR
APPLICANT: Latigo Hillcrest, LLC
LOCATION: 2150 West Hillcrest Drive; Assessor’s Parcel Number (APN): 667-0-113-075
REQUEST:

That the Planning Commission consider the Environmental Impact Report prepared in accordance with the California Environmental Quality Act (CEQA) and a project to change the General Plan Land Use Element designation of Commercial to Commercial/Residential and the zoning designation of Community Shopping Center (C-3) to Specific Plan-24 (SP-24) as well as allow the demolition of an existing two-story commercial structure and construction of two new podium four-story buildings encompassing 629,437 total square feet of mixed-use building area that includes 333 multi-family residential units (including 30 very low-income affordable units and three moderate income affordable units), approximately 5,300 square feet of commercial space, surface and subterranean parking providing a total of 581 parking spaces, landscape, hardscape, and grading as well as the removal of 17 coast live oak trees and encroachment into the protected zone of eight coast live oak trees. The project is also requesting a Special Use Permit to allow on-site sale of alcoholic beverages for a future restaurant. The project is located at 2150 West Hillcrest Drive (Attachment #s 1, 2, and 3).

ATTACHMENT #1
Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

The request includes the following applications:

General Plan Land Use Element Amendment 2021-70169-LU: To amend the General Plan Land Use Element designation of Commercial to Commercial /Residential.

Zone Change 2022-70776-Z: To change the zoning designation of Neighborhood Commercial (C-3) to Specific Plan-24 (SP-24).

Specific Plan 2022-70778-SP: To adopt SP-24 to establish specific development standards for the subject development areas.

Development Agreement 2022-70777-DAGR: To create a binding contract that vests the rights of the applicant to a specific project, set forth the time period to construct the project, and specify public and private benefits and responsibilities related to the project.

Development Permit 2022-70773-DP: To allow the construction of a fourstory mixed-use development encompassing 629,437 gross square feet (sf) of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and surface parking areas with a total of 119 parking spaces (581 total parking spaces).

Special Use Permit 2022-70779-SUP: To allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future commercial use.

Protected Tree Permit 2022-70780-PTP: To allow removal of 17 coast live oak (Quercus agrifolia) trees, as well as the encroachment into the protected zone of eight coast live oak (Quercus agrifolia) trees.

RECOMMENDATION:

That the Planning Commission adopt a Resolution based on the findings and subject to the conditions contained therein, recommending that City Council:

1. Adopt a Resolution to certify the Final Environmental Impact Report associated with 2022-70774-EIR in accordance with CEQA; and approve 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP (Attachment #4); Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

2. Adopt a Resolution to approve 2022-70779-SUP (Attachment #5);

3. Adopt an Ordinance approving 2022-70776-Z and 2022-70778-SP (Attachment #6); and

4. Adopt an Ordinance approving Development Agreement 2022-70777- DAGR (Attachment #7).

PLANNING COMMISSION REVIEW
The subject request involves a city-wide Measure E allocation for a project located outside the Thousand Oaks Boulevard Specific Plan (SP-20). The allocation was approved by the City Council in 2021 and 2022. As such, the development permit application has been evaluated through the City Council adopted Prescreen process. The process includes filing of a Pre-Application for initial project comments from various City departments and agencies, followed by formal application submittal for evaluation and recommendation to the Planning Commission, then Planning Commission review and recommendation to the City Council on the project, with final decision to approve or deny the project by City Council. The Measure E allocation process also requires the processing of a Development Agreement, which is adopted by the City Council by ordinance. The applicant has satisfied all requisite steps and, at this stage, the Planning Commission’s role on this item is to make a recommendation to City Council.

In addition, as the project proposes a General Plan Land Use Map amendment, Zone Change, and a Specific Plan, the City Council is required to make the final decision on each of those applications, with a recommendation from the Planning Commission.

BACKGROUND
Project Site and Setting
The project site consists of one parcel totaling 8.28 gross acres at 2150 West Hillcrest Drive, previously developed with a commercial office building, surface parking areas, and landscaping. The project site is surrounded by developed urban uses and generally located north of US 101, east of Rancho Conejo Boulevard and a Chevron automobile service station, and south of Hillcrest Drive, and west of an existing multifamily apartment complex known as “The Linden Apartments.” Other existing surrounding development includes the Amgen industrial business campus to the north, commercial uses to the west including an existing automobile service station to the northwest at the intersection of West Hillcrest Drive and Rancho Conejo Boulevard. The commercially designated properties south beyond the 101 Freeway are commercial shopping centers. The nearest parks and recreational facilities located within two miles of the project site are the Newbury Gateway Park, Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Rancho Conejo Playgrounds, Stagecoach Inn Park and Museum, Kimber Park and Borchard Community Park, with the Newbury Gateway Park being the closest, at

0.6 miles from the subject property.

Regional access to the project site now and with the proposed project would be via the U.S. 101 (freeway or 101 Freeway) using the Borchard Road / Rancho Conejo Boulevard exit and locally via driveways on West Hillcrest Drive.

The subject property is served by existing utility infrastructure and is currently developed with an existing 56,667 square foot (sq. ft.) two-story office building and related surface parking lot with landscaping approved in 1982 through DP No. 1982-512. The office building was initially occupied by the Hewlett-Packard Company, followed by the City of Thousand Oaks as a City Hall, and finally, Amgen since the mid-1990s. The building is currently unoccupied and has been vacant since 2021. The property was previously a part of Specific Plan No. 16, as Planning Unit “U” but was removed and re-zoned C-3 in 2016.

The topography of the site descends slightly from the northeast corner of Hillcrest Drive to the rear of the developed area which abuts a row of existing trees and the South Branch Arroyo Conejo (a channelized drainage course). Existing grades across the site average approximately one to three percent slope. The US 101 Rancho Conejo Boulevard exit ramp runs along the opposite side of the concrete arroyo bank. Unpaved areas of the site include a 40-foot-deep berm along Hillcrest Drive, various landscape planters distributed throughout the site, and two shallow drainage basins in the southern portion of the property.

Application Process
On April 27, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment for the above project was authorized by City Council which allocated 246 multi-family units for the residential portions of the project. In addition, City Council also allowed concurrent processing of entitlement applications with legislative actions for this project (2021-70169-LU and 2021- 70168-RCA).

On March 14, 2022, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other feedback.

On March 29, 2022, City Council approved an extension of time for the applicant at that time, Amgen, Inc. (“Amgen”), to submit its formal application for the proposed project at the site.

On August 9, 2022, the applicant began submitting the subject formal applications, which are listed in the “Recommendation” section of this report.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

On March 23, 2023, the Notice of Application was mailed and posted at the property site.

On May 22, 2023, the Notice of Hearing was mailed and posted at the property site.

PROJECT OVERVIEW
Project Summary
The project consists of a four-story mixed-use development (with the fourth floor of each proposed building to be stepped back from adjacent roadways and public views), encompassing 629,437 gross sq. ft. of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross sq. ft. of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and 119 surface parking spaces (581 total parking spaces). Access is provided via two entry drives off Hillcrest Drive which partially encircle the proposed development.

The project would create a mixed-use residential apartment community comprised architecturally of two buildings, which would appear above ground level as five larger structures and one smaller leasing / amenity building. The northerly building, fronting on West Hillcrest Drive (Building A), would be mixed-use, with three levels of apartments above a ground floor of mixed residential and two commercial tenant spaces totaling 5,300 sq. ft., for a speculative retail or restaurant use. In order to provide the applicant the greatest future flexibility, a Special Use Permit for the onsite sale and consumption of alcohol has been requested as part of this project.

The commercial spaces would be open to the public, as well as the outdoor open spaces proximate to those uses. In addition, two live/work residential units are proposed on the south side of “Building A.” These live/work units are intended to accommodate low-intensity commercial operations. These two bedroom, 2.5 bath units provide an additional work-space area and function in a similar manner as a home-based business, which is a permitted use in any residential area and are ideal for small, start-up businesses that require little work area and create few customer trips.

The second podium building (Building B) would include residential uses located in the middle and rear of the site, which appear as the four other larger buildings on site connected by various walking paths, breezeways and bridges. The smaller leasing building incorporated into “Building B” would house the leasing office, mail room and potentially other functional components. Additional indoor and outdoor Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

amenities would be provided to the residents throughout the site, including a playground, swimming pool, courtyards with active play spaces, roof decks, and a dog park. Figure 1 below illustrates the proposed site configuration.

Figure 1: Proposed Site Plan
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. As seen on the conceptual landscape plan submitted (Attachment #8). Twenty-eight protected trees are located on the subject property. The project proposes the removal of 17 oak (Quercus agrifolia) trees and encroachment within the protected zone of eight oak (Quercus agrifolia) trees; as described in the “Oak Tree Report” dated May 4, 2023 (Attachment #10). Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees). Forty of the 51 required replacement trees are to be planted on-site per the proposed landscape plan.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

EVALUATION
Land Use General Plan Amendment, Zone Change, and Specific Plan (2021- 70169-LU; 2022-70776-Z, and 2022-70778-SP)
The City of Thousand Oaks General Plan is currently being updated and includes the Housing Element update and City’s efforts to accommodate its Regional Housing Needs Assessment (RHNA) goals. As the update is not yet complete, the currently adopted City of Thousand Oaks General Plan (General Plan) is applicable to the project site. The project site is currently designated Commercial on the General Plan Land Use and Circulation Elements Map. Zoning for the site is Community Shopping Center (C-3).

The proposal requires a General Plan Amendment to the site from the Commercial land use designation to Commercial/Residential as well as a change to the zoning designation from Community Shopping Center (C-3) to Specific Plan-24 (SP-24) are necessary to accommodate the proposed mixed-use development.

A specific plan is proposed as the Thousand Oaks Municipal Code does not currently include a zoning designation which allows a mix of commercial and residential uses on the same site. A Specific Plan is a document designed to implement policies in alignment with the intent of the City’s General Plan and establish regulations for a specific geographic region. The plan includes custom development and design standards, permitted land uses, infrastructure requirements, implementation measures, and other criteria intended to implement the General Plan. The Specific Plan will include unique development and design standards to regulate the uses to minimize impacts to the proposed project and surrounding properties (Attachment #6B). These standards are not required to replicate the Thousand Oaks Municipal Code requirements since they are intended to be unique for a specific development area.

A Specific Plan, by law, must be in conformance or consistent with the General Plan in that area. A conformance evaluation for the project is provided in the draft resolution, Attachment #4).

Measure E
Since the project site is requesting a land use designation and zone change to allow residential uses on a property which previously only allowed commercial uses, an allocation of Measure E residential capacity units to the project site was required to be initiated and approved by City Council. The Measure E allocation factors the net lot size of the property multiplied by the proposed maximum allowed density. Per the proposed General Plan land use and zoning designations for the Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

site, the subject property has a maximum allowed base density of 30 units per net acre, therefore allowing 246 dwelling units on the subject site (8.19 acres x 30 units per acre = 245.7 units, rounded up).

On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General Plan to allocate 246 residential dwelling units from citywide Measure E residential capacity to the Commercial/Residential site in accordance with Municipal Code requirements, which was extended by the City Council on March 29, 2022.

As specified within the draft DAGR, if the Owner fails to obtain building permits within the term of the DAGR, the DAGR terminates and “all reservations or allocations of Measure E units shall revert to the City’s Measure E capacity”, which would add 246 units to the remaining units in the Measure E “pool,” and the project would not be able to be constructed.

In addition, Measure E requires an allocation process for any new acreage designated as commercial. As the development is demolishing a 56,667 sq. ft. commercial structure to build, in part, 5,300 sq. ft. of commercial space, the project does not produce a net increase in excess of the land areas designated as commercial and no new commercial allocation is required.

Development Permit (2022-70773-DP)
Unit Mix, Density Bonus, and Affordable Housing
The unit types within the mixed-use buildings include 180 one-bedroom units including 40 one-bedroom plus den units, 125 two-bedroom including two live/work units, and 28 three-bedroom units (see Table 1). “Building A” provides 5,300 sq. ft. of commercial space as well as 65 residential units. 268 units are provided within the residential-use only building (“Building B”). Of the 333 residential units, 30 units are proposed to be designated as affordable to very low-income households with an income less than 50% of the Ventura County average median income (AMI) and three units are to be affordable to moderate-income households with an income less than 120% of the Ventura County AMI.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Table 1 – Unit Mix
Unit Type Number of
Units
Percentage of Total Units Average Sq. Ft.
1-Bedroom 140 42% 732
1-Bedroom with Den 40 12% 872
2-Bedroom including
2 Live/Work
125 37.5% 1,107
3-Bedroom 28 8.4% 1,430
TOTAL 333 948
As described above, the maximum base density for this project without a density bonus is 246 dwelling units. The State density bonus law assigns density bonus units based on the percentage of affordable units provided by a project, and the income level of those units. In this case, the applicant is providing 11 percent affordable units in the very low-income category. This percentage is applied to the base 246 units, which equates to 28 affordable low-income units, entitling the applicant a 35 percent density bonus. This bonus translates to 87 density bonus units per statutory allowance in state law for a total of 333 maximum dwelling units allowed, as explained in Table 2. The project proposes a total of 333 dwelling units, inclusive of all proposed affordable units.

Table 2 – Project Density Bonus Formula
Unit Type Formula Result Proposed
Base Density 8.19 acres x 30
units per acre
=245.7 Base Density
Units Allowed,
rounded up**
246 Base Density Units
Affordable
Units 246 Base Density
Units x 0.11
=27.06 Affordable
Units Required,
rounded up**
30 “Very Low”- and 3
“Moderate” Income
Affordable Units ***
Bonus Units
246 Base Density
Units x 0.35*
=86.1 Additional
Market Rate Units
Allowed, rounded
up**
87Additional Units

MAXIMUM

ALLOWED
246 Base Density
Units + 87
Additional Units
=333 Dwelling Units
Allowed
333 Dwelling Units
Proposed
* 28 Very Low Income units are proposed to contribute to the density bonus calculation = 35% density bonus pursuant to Government Code Section 65915. ** Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
*** Two additional Very-Low Income units and three additional Moderate-Income units are provided, above and beyond what is required to generate the requested 87 density bonus units.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Measure E units are only required to be allocated to allow for the base density of the property. Units proposed above the base density, as allowed by State Density Bonus Law, are not subject to Measure E regulations. The purpose of the State Density Bonus Law is to incentivize the development and availability of affordable housing by encouraging the inclusion of affordable housing units within new developments.

In addition to the 28 “Very-Low”-income restricted units, the applicant has agreed to provide two additional “Very-Low”-income restricted units, and three additional “Moderate” income restricted units, for an overall total of 33 affordable units, four above the minimum amount required to qualify for the 35% density bonus. The remainder of the units will be offered at market-rate which is the “Above Moderate” income level. Once building permits are issued for the development, each unit will count towards the City’s 6th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029, as shown in Table 3.

Table 3: 6th Regional Housing Needs Assessment
Income Categories
Very Low Low Moderate Above Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621
The “Very-Low” income level is defined as households with incomes at, or below, fifty (50%) percent of the Area Median Income (AMI) for Ventura County, as established by the California Department of Housing and Community Development (HCD). For example, for a 2-person household, the current maximum “Very-Low” income limit is $50,200 per year (see Table 4).

Table 4: 2022 Ventura County Income Limits
People per Household
Annual
Income
1 2 3 4 5 6 7 8
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 Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

An affordable housing agreement would be required to establish the specific obligations of the project including a) that all affordable units are dispersed throughout the project; b) affordability level be set a “Very-Low” income level for 30 units and “Moderate” income level for three units, c) that the affordable units shall have the same standard features and amenities provided to market rate units of the same type, and d) that the restricted-income covenants are required by state law to be in effect for 55 years.

Building Form and Design
The proposed project is characterized by a multifamily mixed-use development that includes an internal pedestrian-oriented roadway separating two buildings which comprise a total of 629,437 gross sq. ft. (Table 5).

The northern building (Building A), located behind an existing landscaped berm with protected oak trees to remain in place, includes significant articulation and massing breaks. These design features include a first-floor step back at the northeast corner, a fourth floor stepback, second floor roof decks, a fourth-floor roof deck above the entire north and west facades, trellises and above the commercial areas and a variety of material changes throughout to provide a visually diverse and appealing building as seen from Hillcrest Drive (see Figure 2).

The site also features a public seating area on the ground floor in front of the commercial units, and conditions of approval require material changes at the driveway entries to encourage pedestrian safety and activity. While only 5,300 sq. ft. of the 40,437 square-foot building footprint will be dedicated to exclusive commercial use, the residential amenities and units which are more commercial in nature, such as a large lobby, co-working space, live/work units, and indoor bike storage rooms, are also provided on the ground floor of Building A to contribute to its mixed-use style.

Table 5 - Gross Floor Area and Land Use Summary
Land Use Type Building A Building B Leasing Building TOTAL Commercial 5,300 sf 0 sf N/A 5,300 sf
Residential 62,025 sf 253,740 sf N/A 315,765 sf
Residential Private
Open Space
5,569 sf 18,662 sf N/A 24,231 sf
Parking Structure 50,853 sf 145,021 sf N/A 195,874 sf
Common Area (ex.

Lobby, Amenity,
Circulation)
27,457 sf 59,010 sf 1,800 sf 88,267 sf
Totals 151,204 sf 476,433 sf 1,800 sf 629,437 sf
Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Figure 2 – Project Renderings

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

The southern building (Building B) will actually appear above ground to be five buildings – four apartment buildings and one stand-alone leasing office and concierge building. The proposed SP-24 requires direct outside access to residential ground-floor units through the use of stoops wherever possible.

The project’s architectural design is a Modern style. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, simulated wood fiber cement panels, brick veneer, multi-panel window areas with dark bronze trim, bronze and glass balcony railings, awnings and trellises (see Attachment #8). The architectural design incorporates articulation and detailing throughout, with massing and offset requirements incorporated into SP-24.

Additional decorative roofline trim and enhanced façade materials are required by conditions of approval in order to further improve building design and reduce building size, mass, and scale.

As conditioned, the project meets the City’s Architectural Design Guidelines, Precise Plan of Design Guidelines, Commercial Design Guidelines, City Gateways Guidelines, and Freeway Corridor Guidelines by using diverse yet unified design elements throughout the development and designing the site in a way that is compatible with the surrounding uses, described below.

Compatibility with Surrounding Uses
The project is within an urbanized area, with transportation and utility infrastructure in place. Land use designations for the surrounding area are Commercial to the west, south and southwest (across public rights-of-way), High Density Residential (15-30 dwelling units per acre (du/ac)) to the east, and Industrial to the north.

Zoning for the site is Community Shopping Center (C-3). Surrounding zoning is Highway Arterial Business (C-2) to the west (including the Chevron Automobile Service Station and 7-Eleven), Industrial Park (M-1) to the north, and Residential Planned Development (RPD-20 du/ac) to the east. South of the freeway, the zoning is C-3, C-2, and Single-Family Residential.

Development surrounding the site varies from one-story gas stations to two-story commercial and residential buildings and a three-story office/industrial structure directly across from the project site to the north. In addition, ground elevations decrease from north to south, further raising the elevation of the building Hillcrest Drive to the north. Architecturally, the proposed building design, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the adjacent commercial and residential developments.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Figure 3 – Project Massing
The one to four-story project would be 55 feet tall at its highest point, and the site topography informs the site design, as the structure appears to notch into the existing slope moving from the 101 Freeway towards the northern end of the site fronting Hillcrest. The landscape buffers and surface lots provide extended setback area between the proposed development and the existing adjacent properties. In addition, fourth floor stepbacks are provide on the external facades to further reduce the appearance of height from neighboring properties (see Figure 3). The setbacks required by SP-24 and proposed by the project are detailed in Table 6.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Table 6: Setbacks
Building A:

Front(North):
40’ Minimum First Floor
70’ Minimum Fourth Floor Setback (Except at Northeast Corner Building Entry)
Left(West): 60’ Minimum
5’ Required Min. Landscape Setback Along Driveway/Parking Right(East): 100’ Minimum
10’ Required Min. Landscape Setback Along Driveway/Parking Building B:

Rear(South): 15’ Minimum First Floor Building
40’ Minimum Average Fourth Floor Setback
Left (West):
20’ Minimum First Floor Building
85’ Minimum Average Fourth Floor Setback
5’ Required Min. Landscape Setback Along Driveway/Parking Right (East):
63’ Minimum First Floor Building And
100’ Minimum Average Fourth Floor Setback
10’ Required Min. Landscape Setback Along Driveway/Parking The existing building is two stories, and the rooftop is occasionally visible from the highway. As such, the property is visible intermittently from the 101 Freeway, and Resolution No. 91-172 “101 Freeway Design Guidelines” applies. Although there are no public viewsheds or corridors to be protected, such as views of distant natural features, open space, public parks, lakes, designated protected ridgelines, and any other designated types of scenic resource, the project has been designed to be sensitive to the existing topography and proximity to the highway. These design considerations include landscaping proposed along the project perimeter, protective screening of roof-mounted mechanical equipment integrated into the building’s overall design of wall and roof components, and the increased setback between the rear property line and the building adjacent to the freeway to allow for reduced visual impact. Further, the residential uses to the east will be protected from new sources of light as all fixtures must be down shielded and parking lot light poles may not be higher than 14 ft, per conditions of approval.

Amenities and Open Space
The proposed project includes public and private amenities. Public amenities include a publicly accessible seating area located at the western entrance of the site as well as a heavily landscaped walking path along the western property line adjacent to Rancho Conejo Boulevard to complement the City’s gateway sign.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Figure 4: Site Plan and Outdoor Amenity Map
Private common amenities include approximately 50,781 sq. ft. of indoor and outdoor spaces designed for specific activities and uses. These amenities for the residents would include outdoor landscaped open space areas, a swimming pool, a playground, courtyard spaces with active play areas, barbecue areas, and a dog park. Three roof-decks are also provided in Building A and one on Building B, each including seating areas and planter areas. The open spaces are connected by a system of pathways and paseos to provide residents and visitors with multiple opportunities to gather (see Table 7 and Figure 4). These paseos also include outdoor furniture, landscape and hardscape to encourage use of outdoor spaces.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Approximately 20% of the total site area, or 70,377 sq. ft., consists of common outdoor open space, and approximately 78,000 sq. ft. consists of planting area, some of which occurs within the proposed common open space.

Indoor common amenities include a stand-alone leasing office with concierge services, bike storage, supplemental resident storage, co-working area, fitness room, game room, and lounge described below in Table 7, Resident Amenities.

The co-working space would be equipped with bring-your-own computer stations for use by residents only.

Table 7A- Common Resident-Only Amenities
Project Amenities Floor Area (sf) Location (Bldg.
and Floor)
Resident Only Dog Run 1,525 -
Children’s Play Area 1,500
Detention Basin/ Courtyard C Walking Path 6,515 -
Co-Working Space 1,150 Bldg. A, L1
Courtyard A (Second Floor Roof Deck, South) 3,710 Bldg. A, L2 Courtyard B (Second Floor Roof Deck, South) 3,024 Bldg. A, L2 Roof Deck A 1,500 Bldg. A, L4
Leasing/Amenity Bldg. (Mail, concierge, etc) 1,800 Bldg. B, L1 Amenity B (Lounge) 1,270 Bldg. B, L1
Amenity C (Game Room) 1,550 Bldg. B, L1
Amenity A (Fitness) 3,070 Bldg. B, L1
Roof Deck B 1,300 Bldg. B, L4
Courtyard A (Swimming Pool) 11,110 Bldg. B, L1
Courtyard B (Barbeque and Seating Area) 5,377 Bldg. B, L1 Courtyard C (Play Lawn and Seating Area) 6,380 Bldg. B, L1 Total 50,781
Table 7B- Public Amenities
Project Amenities Floor Area (sf) Location (Bldg.
and Floor)
Rancho Conejo Demonstration Grove/
Walking Area 8,212
West Property
Boundary
Building A Entry Seating Area Plaza 1,435
Northwest
Corner
Total 9,647
Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Private amenities are provided for each individual unit as well as the public and common facilities. All units include private open space, either in the form of a balcony or a private stoop that range between 50 to 480 sq. ft, with an average size of 88 sq. ft. In addition, a minimum of 56 cubic feet of private storage locker is provided per unit, to supplement the bicycle storage facilities and private open spaces. The project provided conforms with the recommended requirements of SP-24 and the intent of the TOMC by providing ample private and common-area open space areas and other amenities for use by residents and visitors.

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

Figure 5 – Ground and Podium Level Planting Area Plan
The project proposes primarily native, and drought-tolerant plants and minimal turf, which is isolated to the 750 sq. ft. play lawn only. Of the 28 protected trees, eleven oak trees will be preserved in place and 51 additional protected trees will be Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

planted on site. Also, 76 ornamental trees are proposed and incorporated as part of an open space paseo and pathway system.

In addition, in line with Precise Plan of Design Guidelines, substantial landscape treatment to create a comfortable living environment and soften the visual impact of structures while ameliorating adverse off-site views has been incorporated into the project. The protected trees are proposed to be placed around the perimeter of the site, blocking offsite views and noise. The project provides landscape buffers between the property boundaries (see Figure 5) and the surface parking areas, while rooftop and balcony landscaping soften the overall massing.

Pedestrian Access and Walkability
The project site has been designed with an emphasis for walkability and pedestrian connectivity, which has been incorporated throughout the site design proposed project. Enhancements to existing sidewalks within the public right of way are to be provided at both entrances on Hillcrest Drive per condition of approval, and a public open space area which features undulating connections to the existing sidewalk is provided along the property line adjacent to Rancho Conejo Boulevard.

In addition, internal pedestrian site circulation includes a series of walkways, breezeways, and seating areas with landscaping, planters and other decorative features. Furthermore, the connection between the mixed-use area and the residential-only area is designed with a large, raised crosswalk area to reduce vehicle speeds and improve pedestrian and vehicular circulation.

There are several pedestrian entrances to the residential areas of each building provided through dedicated lobby areas, as well as controlled-access gates to the outside amenity areas on the south and east side of “Building B”. In addition, ground floor units provide direct access to the sidewalk along the perimeter of “Building A” and on the north, east, and west side of “Building B”, where the grade allows via landscaped stoops.

As required by conditions of approval, visually distinct materials are to be incorporated at the driveway entrances, lobby entrances, and walkways throughout the site to encourage pedestrian safety and enhance the overall site appearance. The project is adjacent to and within walking distance of several commercial centers offering dining, retail, grocery, professional, and recreation uses, thus reducing the potential number of vehicle trips from the project and reducing greenhouse gases.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Vehicular Access and Parking
Primary ingress and egress to the site is provided from two bi-directional driveways, both accessed from Hillcrest Drive, as seen on Figure 6 and Sheet A1- 8 of the Project Plans (Attachment #8). Within the site, two roadways leading to the parking garage entrances run along the perimeter, except for the southwest border with the 101 freeway exit ramp. These roadways are lined with sidewalks and surface parking spaces designed with permeable pavers. An existing solid wall exists along the eastern edge to help screen headlight glare from view of the existing multifamily apartment buildings, which will be repaired and slightly improved per condition of approval.

Figure 6 – Circulation Plan
In addition, a pedestrian-oriented street bisects the property between the mixeduse building (Building A) and the residential-only building (Building B). This street Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

provides access to temporary parking and loading areas as well as parallel parking spaces to serve the commercial uses.

As conditioned, all accessways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards.

Parking Structure A, serving the mixed-use building, is a two-level structure, with the second level above ground but completely encapsulated by the proposed commercial and residential uses. The entrances are located on the south side of the building and are not visible from any public road.

Parking Structure B, serving the residential-use-only building, is a basement parking structure. Ingress and egress to the below-grade parking structure are provided on the east and west sides which minimizes public view of the entry areas. As normally required by the TOMC and as included in the conditions of approval, all parking stalls within Parking Structure B will be designated for and accessible by the tenants only. All exposed elevations of the below-grade parking structure have been designed to reflect architectural compatibility with the proposed development. Additional conditions of approval have been included requiring the applicant to work with staff to determine materials which will improve the proposed decorative metal vent covers which appear on the south and southwest sides of the Building B parking structure. A total of 581 parking spaces are proposed for the proposed mixed-use and apartment buildings, as shown in Table 8 and 9.

Table 8: Number of Parking Spaces by Type
Parking Location
Number of Parking Spaces by Type
Compact Tandem1 ADA** Standard Total
Parking Structure A 0 60 5 46 111
Parking Structure B 31* 37 6 277 351
Surface 10 0 4 105 119
Total 41 97 15 428 581
* Per Section 9-4.2404(d)(1)(i) of the Municipal Code, a maximum of 35% of the residential parking spaces may be compact size. Nine (9%) percent is provided, in compliance with the Code standards.
** Number of spaces provided is in compliance with American’s With Disabilities Act (ADA), contained in Title 24 of the California Building Code.
1 The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts. A suggested condition requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

The proposed SP No. 24 (Attachment #6B) mimics the Thousand Oaks Boulevard Specific Plan (SP No. 20) requirement for restaurant and commercial off-street parking. As shown above, that includes one parking space per 200 sq. ft. of gross leasable area for the first 2,000 sq. ft. of gross leasable area and one parking space is required per 100 sq. ft. of gross leasable area over 2,000 sq. ft. of a restaurant.

In addition, two loading spaces are required to be provided.

Pursuant to the State Density Bonus Law, Government Code Section 65915(p), the parking ratios required for multi-family apartment buildings are one parking space per one-bedroom unit and one and a half parking spaces for a two-bedroom unit. Government Code Section 65915(p) does not require guest parking. The applicant is proposing two spaces per two- or three-bedroom unit.

In addition, the project will provide infrastructure for electric vehicle charging stations beyond state law requirements, as outlined in the draft Development Agreement (Attachment #6B).

Table 9: Vehicle Parking Supply and Demand
Parking Categories Parking Ratio Number of Units/
Commercial s.f.

Parking
Required
Parking
Provided
Residential
1 Bedroom 1 space/unit 180 180
2 Bedroom 2 spaces/unit* 125 250 486
3 Bedroom 2 spaces/unit* 28 56
Guest Parking** 0 spaces/unit 30 None 52***
Total Residential 333 486 538
Commercial
First 2,000 s.f. 1 space/200 s.f. 2,000 s.f 10 43 >2,000 s.f. 1 space/100 s.f. 3,300 s.f***. 33 Total Commercial 5,300 s.f. 43 43
Total Parking 529 581
*1.5 space/unit allowed by State density bonus law and TOMC, applicant providing 2 spaces/unit. **State density bonus law exempts provision of guest parking. *** To apply a more conservative rate, the entire square footage of commercial area is assumed to be a restaurant rather than a mix of retail and restaurant space. **** The 52 surplus spaces are not designated for either use type specifically and may be used by either commercial visitors or residential guests.

The site provides on-site parking for vehicles while accommodating and encouraging other multi-modal transportation methods. Amenities include on-site bicycle racks for visitors and dedicated bicycle corals for tenants. The number of bicycle spaces required by the California Green Building Code must be equal to or exceed ten percent of the number of proposed parking spaces (58 bicycles spaces, Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

half short-term, half long-term). In combination with that requirement, one space for bicycle parking per six residential units (56 total) is required by the proposed SP-24. The project proposed to exceed both requirements, as 100 spaces are being provided, including 16 electric bicycle charging stations and 20 electric scooter charging stations. The bicycle parking, as designed, will be provided outside near the proposed coworking amenity space in Building A, and in three designated indoor spaces: two in Building A, at the north end of the site and one in Building B, at the south end of the site.

Lastly, a designated drop-off/pick-up area at the front entrance to accommodate local delivery and private transportation services, such as taxi cabs, Uber™, Lyft™, etc. This area may also be utilized for larger delivery vehicles for short-term pickup/drop-off services. As required in the conditions of approval, appropriate curb designations and signage indicating the hours of operation must be provided to ensure this area is utilized for these short-term uses and not for the standard parking of vehicles.

Traffic
Currently, the City of Thousand Oaks maintains a minimum LOS C at all intersections, per the General Plan Goals and Policies Resolution 97-8, with the exception of Rancho Conejo Boulevard at Hillcrest Drive and specific intersections on Thousand Oaks Boulevard, which are required to maintain a LOS D or better, per Resolution 2019-11. The project is adjacent to the intersection of Rancho Conejo Boulevard and Hillcrest Drive. The 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022, examined four intersections (listed below) in the project vicinity to assess the existing Level of Service (LOS) and anticipated LOS with the development of the project (Attachment #9).
• Hillcrest Drive/Rancho Conejo Boulevard
• Hillcrest Drive/Ventu Park Road
• Rancho Conejo Boulevard/U.S. 101 NB Ramps
• Borchard Road/U.S. 101 SB Ramps
Per that study, all existing intersections currently operate at a LOS “C” or better during morning and evening peak hours, which would remain unchanged by the proposed project.

In addition, as required by CEQA, a Vehicle Miles Traveled (VMT) analysis was conducted to evaluate the project’s transportation impacts. The VMT study findings are provided in Table 10, Project VMT Analysis Summary.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Table 10 – Project VMT Analysis Summary
Project
Component
VMT Calculation
Methodology
Citywide
Average Daily
VMT
Project
TAZ*
Daily VMT
Project
Difference
Residential Citywide average
daily VMT per
resident

15.32 VMT 10.31
VMT
32% less
than the
City-wide
average
Commercial Citywide average
daily VMT per
employee

22.51 VMT 18.49
VMT
18% less
than the
City-wide
average
* TAZ = Traffic Analysis Zone
The VMT analysis of the project determined the impacts resulting from the project would be less than significant and no mitigation measures are required (see the Transportation Section included with the DEIR). As shown in Table 10, the project’s daily residential VMT per capita and commercial VMT per employee would be approximately 32% and 18% less than the City-wide averages, respectively. As such, neither the VMT per capita nor VMT per employee would exceed the Citywide exiting citywide average VMT baselines, and the project generated VMT impact would be less than significant. It should be noted that the VMT analysis assumed a proposed ground-floor commercial area of 6,500 sq. ft, which was later reduced to 5,300 sq. ft. in the current site plan. The resulting analysis is conservative in assuming more intense development than would occur, and actual impacts would be reduced.

In addition, the Public Works Department has included conditions of approval requiring adequate vehicular and pedestrian sight visibility, traffic impact fees, and any necessary traffic control signs and/or striping.

Grading
Proposed grading quantities include approximately 52,800 cubic yards (c.y.) of cut and 4,700 c.y. of fill, with an export about 48,100 c.y. export due to excavation for the underground parking garages and modifications to the site characterized by a descending slope from the northern (front) to southern (rear) of the site. Using a capacity of 14 c.y. per truck, it is estimated that 6,872 truck trips will be necessary to haul away the dirt, consisting of 3,436 loaded truck trips and 3,436 returning empty truck trips. The proposed project will not involve grading impacts to 25% or greater natural terrain.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Conditions are included requiring the applicant to obtain a grading permit which requires a description of the grading activities, including a haul route, number of truck trips per day, proposed hours of operation, traffic control measures, and identification of the disposition location.

With inclusion of mitigation measures identified in the EIR and conditions of approval, including, but not limited to, dust and rodent control, amongst other measures, the proposed grading will have a less than significant impact on surrounding properties. Additionally, the TOMC limits construction hours between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday with no work allowed on Sunday or City recognized holidays, so no grading activities or truck trips are permitted to occur outside these hours.

Special Use Permit (2022-70779-SUP)
In addition to obtaining approval from the State for an Alcoholic Beverage License, businesses in Thousand Oaks that propose to offer on-site sale and consumption of alcoholic beverages must obtain approval of a Special Use Permit (SUP) from the City. Special Use Permits are intended to evaluate business operations and uses that may or may not be appropriate at specific locations within a specific zoning district. In approving a Special Use Permit, project conditions are imposed that are site-specific to ensure that uses are not in conflict with surrounding properties and uses.

Approval of the requested SUP for this project will cover future businesses that intend to operate under a liquor license within the property’s retail area. Future businesses would be allowed the option to transfer the SUP to their name and assume the responsibilities of the permit through review and approval of a Special Use Permit – Minor Modification application prior to occupancy. The specifics of future tenants including exact business type and hours of operation are not known currently.

The project site shares one common property line with the Linden Apartments to the east, which means the project site is within 400 feet of known sensitive use established by the City’s Municipal Code (residences, schools, hospitals, convalescent hospitals, hotels, motels, etc.). The potential use involving sale and consumption of alcohol at the project site will be compatible with land uses in the vicinity that are predominantly commercial and industrial uses, including an existing restaurant located within the Amgen headquarter building located at 1 Amgen Center Drive, 7-Eleven across Rancho Conejo Boulevard, and a gas station at the northwest corner of the subject property. The commercial spaces which could be leased by tenants seeking to serve alcohol are clustered close to the West Hillcrest Drive and Rancho Conejo Boulevard intersection and are Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

physically separated from the residential uses on the adjacent property to the east by onsite multifamily structures, parking areas, and landscaping. Conversely, as the commercial uses will be open to the public, it is anticipated to be an amenity to those living in the adjacent residential development and those working in the adjacent industrial and commercial developments. Therefore, the project will be compatible with the land uses in the vicinity.

Staff has reviewed the proposed restaurant and lounge with alcohol service use in the context of the Findings contained within TOMC Sec. 9-4.2803, and has found that the project, as conditioned, would be consistent with these Findings as specified in the draft Resolution (Attachment #5).

Protected Trees (2022-70780-PTP)
The site contains twenty-eight (28) protected coast live oak (Quercus agrifolia) trees on-site per the Oak Tree Report dated May 4, 2023 (Attachment #10). This report evaluated the health of each tree and the extent of the impacts resulting from project activities. The project design requires removal of 17 protected coast live oak trees and encroachment into the protected zone of eight coast live oak trees. Three coast live oak trees will be saved and not encroached upon.

Descriptions of the protected trees impacted by the proposed development through removal and encroachment are provided in Table 11 below. It should be noted that trees numbered 1 to 7, 13 to 26, and 28 were planted as part of a previously required landscape plan. Trees numbered 8 to 12, and 27 grew from acorns and are all proposed to remain.

Pruning of four of the 28 protected Coast Live Oak (Quercus agrifolia) trees onsite is proposed in order to maintain proper clearance over proposed sidewalks, outdoor patios, and driveways. Encroachment within the protected zone of eight protected trees, including the pruning of four trees, is necessary to accommodate proposed improvements and grading activities associated with construction of the new mixeduse building and multi-family residential building. A City Landscape Consultant provided an independent evaluation of the applicant’s report and recommendations contained therein for the work occurring within the protected zone of the oak and landmark trees. The City consultant concluded that, with the inclusion of the suggested project conditions, including appropriate work methods and monitoring for the work performed around the protected oak trees, that the proposed encroachments will not have a detrimental effect on the health of trees.

If any of the eight trees which are to be encroached upon die within five years of the encroachment, they shall be replaced at the 3:1 ratio required for the removal of live trees required by the Oak Tree Preservation and Protection Ordinance.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Table 11: Impacted Protected Trees
Tree No. Common Name Trunk Diameter Health Appearance1
Retain and Protect
9 Coast Live Oak 5.4” Excellent A
11 Coast Live Oak 2.5” Excellent A
12 Coast Live Oak 2.5” Excellent A
Removal
1* Coast Live Oak 10.2” Excellent A
2* Coast Live Oak 13.6” Excellent B
3* Coast Live Oak 7.9” Good B
4* Coast Live Oak 11.7” Excellent A
5* Coast Live Oak 20.25” Excellent B
6* Coast Live Oak 13.35” Poor C
15* Coast Live Oak 31.25” at 36” Good A
16* Coast Live Oak 11.8” Excellent A
18* Coast Live Oak 6.35” Fair D
19* Coast Live Oak 3.5” Very Poor D
20* Coast Live Oak 17.2” Good B
21* Coast Live Oak 16.9” Good A
22* Coast Live Oak 12.4” Good A
23* Coast Live Oak 18.6” Good A
24* Coast Live Oak 19.6” Fair B
25* Coast Live Oak 9.55” Good A
26* Coast Live Oak 15.6” Good A
Pruning/Encroachment
7* Coast Live Oak 20.05” Good B
8 Coast Live Oak 6.7”, 7.25” at 42” Excellent A
10 Coast Live Oak 2” Excellent A
13* Coast Live Oak 7.85” Excellent B
14* Coast Live Oak 15.3” Excellent A
17* Coast Live Oak 17.95” Good A
27 Coast Live Oak 2” Excellent A
28* Coast Live Oak 11.4” Good B
*Trees planted as part of a previously required landscape plan.

The removal of 17 other protected trees is necessary to allow adequate vehicular and pedestrian circulation and parking facilities, the latter being stated as a City 1 A= This tree is symmetrical, having the ideal form and appearance for the species, B= This tree, though non-symmetrical, has an appealing form with very little dieback, C=This tree is nonsymmetrical with an unappealing form and/or has much dieback, D = this tree has few, if any positive characteristics
Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Council priority during the public hearing initiating the General Plan Amendment and allocating the residential capacity. The tree impacts result from site preparation, grading activities for the proposed mixed-use and residential buildings, and associated site improvements. Figure 7 demonstrates the development areas and tree locations affected by the proposed construction activities. Existing protected trees located along the public right-of-way were prioritized for preservation both with and without conditional encroachments.

Figure 7 – Protected Tree Impacts On Site

The Oak Tree Preservation and Protection Ordinance allows for oak tree encroachments and removals if the request is not contrary to the purpose and intent of the ordinance. In this case, the removal of the 17 oak trees and encroachment into the protected zone of eight oak trees is consistent with the intent of the oak tree preservation and protection ordinances since the removals Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

will be replaced with three trees for each one removed (3:1 ratio - two 24” box and one 36” box tree).

The quantity and size are as follows:
• 11 twenty-four (24”) inch box specimens, and
• 40 thirty-six (36”) inch box specimens.

Figure 8 – Replacement Tree Plan
As seen in Figure 8, 20 Coast Live Oak (Quercus agrifolia), 20 Valley Oak (Quercus lobata) trees, and 11 Western Sycamore (Platanus racemose), all 36- inch box specimens, are to be provided onsite per the Replacement Tree Plan seen on sheet L5-2 within the Project Plan Set (Attachment #8). Per Resolution 2010-014, only the oak tree species count towards the number of replacement Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

trees required. Therefore, the applicant will either need to submit a new Replacement Tree Plan, propose the planting of the trees at an off-site location for public benefit, subject to Community Development Director approval, or provide an in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution 2010-014.

Further, replacement trees have been strategically located around the perimeter of the subject property in order to provide a physical barrier between the residential structures and surrounding roadways. Such placement would provide visual screening to and from the roadways and reduce noise entering the site. Therefore, staff supports the proposed replacement tree layout. In addition, replacement trees included in the easement area along Rancho Conejo Boulevard complement the designated City Gateway area as required by Resolution No. 93-152.

Staff has reviewed the proposed protected tree removals and encroachments in the context of the Findings contained within TOMC Sec. 9-4.4206(b), and has found that the project, as conditioned, would be consistent with these Findings as specified in the draft Resolution (Attachment #4).

Development Agreement (2022-70777-DAGR)
A DAGR is required for approval of projects that receive allocation of Measure E units (Attachment #7). This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units and site improvements. Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies public and private benefits and responsibilities.

The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as proposed, the City will have 301 market-rate, 30 very-low-income restricted affordable units, and three moderate-income restricted affordable units to add to its residential stock and count towards the current RHNA requirements from the State, as well as the demolition of an aging commercial site, and replacement of the existing city gateway sign.

In return for these public benefits, the applicant’s application will be considered for approval of the General Plan Amendment and the requisite Measure E unit allocation required to build the mixed-use multi-family apartment development.

Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Additional points of this Development Agreement include timelines for the construction and an outline of the project’s green initiatives.

Environmental Review (CEQA) (2022-70774-EIR)
In accordance with the California Environmental Quality Act (CEQA), a comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR (Attachment #11 and #12) was prepared for the project.

Appropriate measures are detailed in the report to ensure mitigation is in place so no significant adverse environmental impact results from the project. To that end, a mitigation monitoring plan is required to ensure the indicated mitigation measures are applied to the project (Attachment #4, Exhibit A).

A Notice of Availability was posted with a 45-day public review period for the Draft Environmental Impact Report between April 7, 2023 and May 22, 2023. Staff received several comments which are included in the attached DEIR Response to Comments (RTC). Staff is therefore recommending the Planning Commission consider the DEIR prepared for the project in accordance with the California Environmental Quality Act (2022-70774-EIR).

CORRESPONDENCE
Staff received public correspondence in which several agencies and organizations commented on the Draft EIR as mentioned above. No other public comments other than those made on the DEIR were received (see Attachment #11).

CONCLUSION
The proposed project has been designed to meet the intent of the City’s General Plan, standards, codes, and policies. The proposed building design and site layout integrates well with surrounding development and has a cohesive architectural design meeting the City’s Architectural Design Guidelines, by including pedestrianoriented site plan emphasizing public and private exterior spaces. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions as well as recommends to City Council the adoption of the Environmental Impact Report prepared for the project in accordance with CEQA.

PREPARED BY: Justine Kendall, Associate Planner
Item No. 10B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution for 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP
Attachment #5 – Resolution for 2022-70779-SUP
Attachment #6A – SP-24 Ordinance
Attachment #6B – SP-24
Attachment #7A – DAGR (2022-70052-DAGR) Ordinance
Attachment #7B – DAGR (2022-70052-DAGR) Draft Agreement Attachment #8 – Project Plans, dated May 26, 2023
Attachment #9 – 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022
Attachment #10 – Oak Tree Report, dated May 4, 2023
Attachment #11 – Draft EIR (2022-70774-EIR)
Attachment #12 – Final EIR (2022-70774-EIR)
cdd:420-82/H:COMMON/Planning Commission/Agenda Packet/2023/2023-06-05/Latigo Hillcrest/07B Latigo 2022-70773 Staff Report.docx/pz (FILE ID: 2022-70773-DP)
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cdd:420-46/jk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-06-05/Latigo/07B Latigo 2022-70733 Attach 3.pdf\pz (FILE ID: 2022-70733-DP)
(To the 6/5/2023 PC Packet)
Item No. 10B
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CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. _____PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING CITY COUNCIL CERTIFY THE

FINAL ENVIRONMENTAL IMPACT REPORT AND

ASSOCIATED MITIGATION MONITORING AND

REPORTING PROGRAM AND APPROVE A

GENERAL PLAN LAND USE ELEMENT
AMENDMENT, ZONE CHANGE; SPECIFIC PLAN;
DEVELOPMENT AGREEMENT; DEVELOPMENT
PERMIT; AND PROTECTED TREE PERMIT FOR

THE USE OF CERTAIN PROPERTY WITHIN SAID
CITY AT 2150 WEST HILLCREST DRIVE
Applications: General Plan Land Use Element Amendment (LU) 2021-70169- LU; Zoning Change (Z) 2022-70776-Z; Specific Plan (SP) 2022- 70778-SP; Development Agreement (DAGR) 2022-70777-
DAGR; Development Permit (DP) 2022-70773-DP; Protected
Tree Permit (PTP) 2022-70780-PTP; and Environmental Impact Report (EIR) 2022-70774-EIR
Applicant: Latigo Hillcrest, LLC
Location: 2150 West Hillcrest Drive
Assessor’s Parcel Number (APN): 667-0-113-075
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

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

1. 2022-70774-EIR: Consider the Final Environmental Impact Report (EIR), including Mitigation Monitoring and Reporting Program (MMRP) prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project; and
ATTACHMENT #4
(To the 6/5/2023 PC Packet)
Item No. 10B
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2. 2021-70169-LU: Amend the General Plan Land Use Element designation for the 8.19-net acre residential portion from Commercial to Commercial/Residential; and

3. 2022-70776-Z: Change the zoning designation of Community Shopping Center (C-3) to Specific Plan-24 (SP-24); and

4. 2022-70778-SP: Adopt SP-24 to establish specific development standards for the subject development areas; and

5. 2022-70777-DAGR: To create a binding contract that vests the rights of the applicant to a specific project, set forth the time period to construct the project, and specify public and private benefits and responsibilities related to the project; and

6. 2022-70773-DP: To allow the construction of a four-story mixed-use development encompassing 629,437 gross square feet (sf) of building area, that would contain 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and surface parking areas with a total of 119 parking spaces (581 total parking spaces); and

7. 2022-70779-SUP: To allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future commercial use; and

8. 2022-70780-PTP: To allow removal of 17 coast live oak (Quercus agrifolia) trees, as well as the encroachment into the protected zone of eight coast live oak (Quercus agrifolia) trees.

WHEREAS, on March 20, 2023, a Notice of Application sign was posted on the subject property to inform the public of the proposed project at the early stages of the project; and
WHEREAS, on March 23, 2023, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; and
WHEREAS, on May 22, 2023, a Notice of Planning Commission Public Hearing sign was posted on the subject property; and
Item No. 10B
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WHEREAS, on May 22, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500-foot radius of the subject site; and
WHEREAS, on May 22, 2023, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 5th day of June 2023, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the June 5, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2
WHEREAS, pursuant to CEQA, City conducted environmental review of the project, prepared and duly processed an Environmental Impact Report (“The Latigo Hillcrest Project EIR”), consisting of a Draft EIR dated April 2023 and a Final EIR dated May 2023, and prepared an MMRP for implementation of mitigation measures specified in the EIR; and
WHEREAS, pursuant to CEQA (Public Res. Code, Section 21000 et seq.), the State CEQA Guideline (14 CCR Section 15000 et seq.) and the City of Thousand Oaks’ Local CEQA Guidelines, the City of Thousand Oaks (City) is the lead agency for the Project, as the public agency with general governmental powers; and
WHEREAS, the City, as the lead agency, determined that an EIR would be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and
WHEREAS, the City issued a Notice of Preparation (NOP) of a Draft EIR on October 24, 2022 and circulated the NOP for a period of 30 days, pursuant to State CEQA Guidelines Sections 15082(a), 15103 and 15375; and WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agencies area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and
Item No. 10B
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WHEREAS, approximately six written statements were received by the City in the response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and
WHEREAS, a public scoping meeting was held on November 2, 2022, to familiarize the public with the Project and the environmental review process and receive input as the scope of the Draft EIR and issues of community concern; and WHEREAS, the Draft EIR was completed and released for public review on April 6 and City initiated a 45-day public comment period by filing a Notice of Completion and Availability; and
WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice and published the Notice of Completion on April 6, 2023, in a newspaper of general circulation in the Project area. Pursuant to the City of Thousand Oaks Local CEQA Guidelines, the Notice of Availability was mailed to all residents and property owners with 500 feet of the Project. The Draft EIR was posted on the City’s website, public counter and public libraries; and
WHEREAS, following the closure of the public comment period, all comments received on the Draft EIR during the comment period, the City’s written responses to the significant environmental points raised in those comments were added to the Draft EIR to produce the Final EIR, and
WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including Final EIR, and all oral and written evidence presented to it during all the meetings and public hearing; and WHEREAS, the Final EIR reflects the independent judgement of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred;
WHEREAS, the Planning Commission supports adoption and certification of said 2022-70774-EIR, and makes the following findings of fact and recommends the following to City Council:

1. 2022-70774-EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the Draft EIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.

Item No. 10B
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2. Changes or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.

3. The Final EIR (2022-70774-EIR) identifies Biological Resources; Cultural, Tribal Cultural, and Paleontological Resources; Hazards and Hazardous Materials; and Noise as potential and less than significant impacts.

Mitigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. On the basis of Final EIR, the MMRP and any comments received, it is found that, as mitigated there is no substantial evidence that the project will have a significant effect on the environment.

4. An MMRP has been prepared for the project associated with this application and is incorporated herein by reference. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures imposed as conditions of approval which are fully enforceable through fees, permit conditions, agreements or other measures. The MMRP attached as Exhibit A and incorporated by reference describes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented.

5. 2022-70774-EIR has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to (a) adopt and make the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project and (b) adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.

6. The Planning Commission has reviewed and considered the information contained in the project Final EIR, and written and oral comments regarding environmental effects. The project EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the EIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (FEIR) that was prepared for the project. Each of the following Commission findings is supported by and elaborated in the attached CEQA Findings.

Item No. 10B
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7. Based on all written and oral evidence and testimony in the record, the project EIR (a) complies with the requirements of CEQA and adequately identifies and considers all potential significant environmental effects of the General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Development Permit; Special Use Permit; and Protected Tree Permit, and (b) reflects the City’s independent judgment and analysis.

8. The Planning Commission recommends that the City Council adopt and make the CEQA Findings and certify the Final EIR as legally adequate under CEQA as to each development application associated with the project and adopt the MMRP and incorporate its provisions as conditions of approval for each of the development applications associated with the project to the extent appropriate.

SECTION 3
WHEREAS, the Planning Commission of the City of Thousand Oaks, has given notice thereof as required by law, held a public hearing on the application of the City of Thousand Oaks with respect to the requested General Plan Amendment No. (LU) 2021-70169-LU, to change the General Plan land use designation of Commercial to Commercial/Residential; and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing; and
WHEREAS, the finding of the Planning Commission supporting approval of said 2021-70169-LU is as follows:

1. The General Plan amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the subject property will be designated as Commercial/Residential Land Use category and located within the proposed SP-24, which are compatible with the goals and policies of the General Plan, as described in the findings below.

In response to the types of amendments which require voter approval described in Sec. 9-2.203(b):

2. The amendment will not affect any land area designated as “Existing Parks, Golf Courses, Open Space.” The site is currently designated as “Commercial’ and will be re-designated as “Commercial/Residential”.

3. On April 27, 2021, the City Council adopted Resolution No. 2021-006, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the Item No. 10B
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General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Use Located at 2150 W Hillcrest Dr (LU 2021-70168/ RCA 2021-70169: Latigo Hillcrest LLC)”. As part of that Resolution, the City Council approved Residential Capacity Allocation (RCA) 2021-70168-RCA, allocating 246 residential dwelling units of Citywide Measure E residential capacity to Latigo Hillcrest and initiated LU 2021-70169, allowing staff to process the application to amend the Land Use Element of the General Plan. A time extension of these approvals was requested by the applicant and approved by the City Council on March 29, 2022.

Measure E units are only required to be allocated to sufficiently allow for the base density of the property (in this case, 30 du/acre). Any units added to the project due to activation of state density bonus law are not required to be contemplated by Measure E. Therefore, there is no increase or change in the maximum number of residential dwelling units which could be proposed from the existing condition.

4. As the development is demolishing a 56,667 square foot commercial structure to build, in part, 5,300 of commercial space, the project does not produce a net increase in excess of the land areas so designated, or in excess of the dwelling unit per net acre density ranges shown on the Land Use Element of the City’s General Plan as of November 5,1996 and no new commercial allocation is required.

SECTION 4
WHEREAS, the subject property is the site of a vacant building formerly occupied by Amgen (most recently known as Amgen Building 34) that has been vacant since 2021, and;
WHEREAS, the zoning on the property is currently “Community Shopping Center (C-3)” and new designation would be “Specific Plan-24 (SP-24)” to facilitate the development of a four-story mixed-use development comprised of 333 multifamily residential units (including 30 very low-income and 3 moderate-income affordable units) and 5,300 square feet of commercial restaurant space; and WHEREAS, the Planning Commission of the City of Thousand Oaks, has given notice thereof as required by law, held a public hearing on the application of the City of Thousand Oaks, with respect to the requested Zone Change 2022- 70736-Z, to change the zoning from “Community Shopping Center (C-3) to Specific Plan 24 (SP-24); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as present at the public hearing, and
Item No. 10B
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WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70776-Z through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

1. The proposed zone change will re-designate approximately 8.28-acres of land from Community Shopping Center (C-3) to the Hillcrest Specific Plan– 24 (SP-24) in order to remain consistent with the subject property’s General Plan Land Use Element designation, which will be Commercial/Residential, upon adoption by City Council. This designation permits commercial uses, residential uses, or a combination of both commercial and residential, in support of the General Plan goal “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”. The proposed project includes commercial and residential development on the site. Further, the proposed project is consistent with the General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” Therefore, the proposed specific plan is in alignment with Thousand Oaks General Plan goals and policies.

3. The proposed Zone Change has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final EIR that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 5
WHEREAS, local governments are authorized by Government Code Section 65450 et seq., to prepare specific plans for the systematic implementation of the General Plan; and
WHEREAS, the specific plan application has been initiated and prepared to facilitate the development of a four-story mixed-use development comprised of 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units) and 5,300 square feet of commercial restaurant space on approximately 8.28 gross acre parcel; and
WHEREAS, the Specific Plan implements the policies of the General Plan by providing an orderly, functional and compatible land use pattern to guide the future growth and development of Thousand Oaks and its planning area; ensuring that the type, amount, design, and pattern of all land uses through the City and planning area serve to protect and enhance the character and image of Thousand Item No. 10B
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Oaks as a desirable community; and providing for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will provide residents with a desirable urban environment in which to live, work, shop, and play; and WHEREAS, the Specific Plan contains all the necessary elements required by section 65451 of the Government Code and Article 4 of the Thousand Oaks Municipal Code, and the Specific Plan was referred to all affected public agencies pursuant to sections 65453 and 65352 of the Government Code, and WHEREAS, the Specific Plan was reviewed, studied, and found to be subject to the California Environmental Quality Act and an Environmental Impact Report has been prepared for the project in compliance with CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70778-SP through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

1. SP-24 establishes development standards, allowed uses and policy guidelines for a mixed-use development. SP-24 is required as the TOMC does not currently include a zoning designation which allows for a mix of commercial and residential uses on the same site. Along with the allocation of 246 dwelling units of the Citywide Measure E capacity to SP-24, the mixed-use project with building frontage along Hillcrest Drive is consistent with all Elements of the Thousand Oaks General Plan.

2. The development standards and uses of the Specific Plan, along with the companion land use amendment, is consistent with all applicable Elements of the Thousand Oaks General Plan, including the Land Use Element designation of “Commercial/Residential” and with the General Plan goal, “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” In addition, the Specific Plan and project will be consistent with the housing element to provide rental housing in the form of 30 very-low-income affordable units.

3. The proposed project and Specific Plan are unified by design. The specific plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the specific plan, the project’s standards are bound by SP-24, and are therefore, consistent.

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4. The Specific Plan standards and proposed project are consistent with the City’s Architectural Guidelines as conditioned in that the project design provides for vertical and horizontal building articulation and a variety of colors/materials.

5. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan.

6. The proposed Specific Plan has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 6
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70773-DP are as follows:

1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan (TOMC Section 9-4.2803(c)(1)).

The City of Thousand Oaks General Plan land use designation for the subject parcel is “Commercial” and has a corresponding zoning designation of Community Shopping Center (C-3). The land use designation and zoning designation are to be changed to “Commercial/Residential” and “SP-24” respectively. SP-24 is required as the TOMC does not currently include a zoning designation which allows for a mix of commercial and residential uses on the same site. The project consists of the construction of two buildings (which appear as six buildings aboveground) including 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semisubterranean parking structures. As described in the table below, the development is consistent and would not conflict with City land use goals and policies of the General Plan:

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General Plan Land Use Consistency
Applicable Land Use Goals and Policies Consistency Analysis General Land Use Development Goals and Policies
Goal: To provide the framework for a planned and
unified community containing a balance of living,
working, shopping, educational, civic, cultural,
and recreational facilities.

Would not Conflict. The project is a mixed-use
development that would provide multi-family dwelling
units and general commercial space for retail stores
and/or restaurants. The project would provide
recreational features such as a pool, social roof
decks, playground, dog play area, and barbeque
area. The commercial spaces (suitable for retail or
restaurant use) would be open to the public, as well
as the outdoor open spaces proximate to those uses,
providing public benefits, as well.

Goal: To provide and maintain a system of natural
open space and trails.

Would not Conflict. The project would provide
walking paths, gardens, terraces, and open space
uses. The project’s separate structures would be
connected by various walking paths, breezeways and
bridges. Existing or potential open space would not
be disturbed by the project.

Goal: To develop appropriate additional tools
enabling commercial, industrial and residential
development to flourish in an efficient and
compatible manner.

Would not Conflict. The project is a mixed-use
development that would provide multi-family dwelling
units and commercial to be available for retail stores
and restaurants. The uses are integrated into the
frontage area of the site, which is connected to West
Hillcrest Drive, Rancho Conejo Boulevard, and
internally via walking paths and breezeways on the
street level.

Goal: To provide a high-quality environment,
healthful and pleasing to the senses, which values
the relationship between maintenance of
ecological systems and the people's general
welfare.

Would not Conflict. The development plans to
landscape the project site around walkways and
streets with various understory plants and oak trees.

The project site contains 28 coast live oak trees, and
17 of these are proposed for removal. Replacement
trees would be planted (see Section 4.3 Biological
Resources), in accordance with the TOMC and the
City’s Oak Tree Preservation and Protection
Guidelines, resulting in at least three trees being
planted for each removal.

Policy: The City's unique natural setting will be a
guide to its future physical shape. In general,
development will occur in the low-lying areas with
the natural hills and mountains being preserved in
open space. A ring of natural open space will be
created around the City. The City will support and
encourage open space/greenbelt buffers around
it, separating the City from adjoining communities.

Would not Conflict. The project site is currently
General Plan-designated and zoned for commercial
use. The project site is relatively flat and the site at ground level would essentially be flat following
development. The project is over 1.5 miles from the
nearest City of Thousand Oaks boundary line, and
would not disturb the surrounding natural ring of open
space around the City. The development would
increase the connectivity of the area through walking
paths and landscaping on the project site.

Policy: Through good design and the
implementation of appropriate development tools,
a freeway corridor image will be created making
Thousand Oaks visually distinct from surrounding
communities, retaining the special qualities of the
landscape, viewshed and open space which
originally attracted people to the area.

Would not Conflict. Since the project site is within
1,000 feet of the centerline of U.S. Highway 101,
development is required to comply with the
Guidelines for Development within the Corridors of
the Route 101 and 23 Freeways Corridor, pursuant
of Resolution No. 91-172. The project site
development would not obstruct views of distant
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Applicable Land Use Goals and Policies Consistency Analysis open space or scenic views, as no such views are
available from the nearby freeway vantage points
overlooking the site. Although there are no public
viewsheds or corridors to be protected, such as views
of distant natural features, open space, public parks,
lakes, designated protected ridgelines, and any other
designated types of scenic resource, the project has
been designed to be sensitive to the existing
topography and proximity to the highway. These
design considerations include landscaping proposed
along the project perimeter, protective screening of
roof mounted mechanical equipment integrated into
the building’s overall design of wall and roof
components, and the increased setback between the
rear property line and the building adjacent to the
freeway to allow for reduced visual impact.

Architecturally, the proposed building design,
materials, and landscaping complement existing
uses as the color palette of browns and grays mimic
the colors used in the adjacent commercial and
residential developments.

Policy: Highly intensive land uses--major
industrial and commercial centers--should be
located in proximity to or within easy access of the
Ventura Freeway corridor.

Would not Conflict. The project area is within 1,000
feet from the centerline of U.S. 101 and includes
intensive commercial retail/restaurant and residential
land uses. Project implementation would not obstruct
the current easy access to the U.S. 101 corridor.

Policy: High density residential development will
have a range of 15 to 30 dwelling units of any type
per net acre and should be located primarily at
sites accessible and close to major centers of
activity and along the Ventura Freeway.

Would not Conflict. The project proposes a
residential base residential density of 30 dwelling
units per acre. A density bonus of 35% is granted so
a total of 333 dwelling units would be constructed.

The site is currently zoned C-3, which does not allow
for residential use. The project would require a
General Plan Amendment from Commercial to
Commercial/Residential. The General Plan Update’s
alternate endorsed land use map would designate
the site as mixed-use.

The maximum base density and unit cap for the
Hillcrest Specific Plan has been carefully formulated
and designed to the maximum allowable base
density used in other areas of the City with the same
land use, including the Commercial/ Residential Land
Use Designation included in Specific Plan No. 20,
which contains mixed-use developments, and the
multifamily (R-3) zone of the General Plan, both of
which allow 30 units per acre. This density would
result in a unit cap of 246 dwelling units, also known
as base density units, on a net area of 8.19 acres.

The project will reserve 11% of the base density units
(i.e., 28 units out of the bases of 246), for very lowincome earners. In addition, the project includes two very low-income units which do not incur additional
density bonus units.

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Applicable Land Use Goals and Policies Consistency Analysis By providing these affordable units, Section 65915 of
the California Government Code allows a 35 percent
density bonus of 87 bonus units, resulting in an
overall allowance of 333 dwelling units (30 du/ac
base density and 40 du/acre with density bonus).

Policy: The Commercial/Residential designation
in the Land Use Element shall mean that either
residential or commercial land uses may be
permitted on land so designated, provided that a
Specific Plan has been adopted for the land and
that the proposed uses are consistent with the
uses authorized by the Specific Plan.

Would not Conflict. The project is currently
designated for Commercial use and zoned as C-3
and requires a general plan amendment from
Commercial to Commercial/Residence. A General
Plan Amendment and a Zone Change to Specific
Plan 24 (Hillcrest Specific Plan) would allow for
mixed-use development at the project site. Site
development would be further prescribed the
proposed Specific Plan.

Policy: Low profile and aesthetically designed
signage shall be allowed for all developments; no
billboards shall be allowed.

Would not Conflict. Signage from this project would
be required to comply with Thousand Oaks Municipal
Code Section 9-4.2308.

Policy: Aesthetics: As the City ages, it is
important to maintain, improve and enhance the
City's aesthetic appearance.

Would not Conflict. The project development
maintains an existing 40 foot naturally landscaped
berm. The project provides landscaped open space
along the perimeter of the project site and
incorporates fourth-story stepbacks and roof decks
throughout. The Specific Plan that would be adopted
will be consistent with guidelines to maintain,
improve, and enhance City aesthetic appearance.

Policy: Strive to provide a balanced range of
adequate housing for Thousand Oaks Planning
Area residents in a variety of locations for all
individuals regardless of age, income, ethnic
background, marital status, physical or
developmental disability.

Would not Conflict. The project would develop 333
multi-family dwelling units. The unit types within the
mixed-use buildings include 180 one-bedroom units
including 40 one-bedroom plus den units, 125 twobedroom including two live/work units, and 28 threebedroom units. “Building A” provides 5,300 sq. ft. of commercial space as well as 65 residential units. and
268 units are provided within the residential-use only
building (“Building B”). Of the 333 residential units, 30 units are proposed to be designated as affordable to
very low-income households at with an income less
than 50% of the Ventura County average median
income (AMI) category, which is currently set at
$62,7050, adjusted for a four-person household size,
as published by the California Department of Housing
and Community Development (HCD) and three units
are proposed to be designated as affordable to
moderate-income households at with an income less
than 120% of the Ventura County AMI category,
which is currently set at $138,500, adjusted for a fourperson household size, as published by HCD.

Policy: Promote the upgrading of substandard
neighborhoods throughout the Planning Area to
prevent costly and undesirable deterioration.

Would not Conflict. The project would upgrade the
current site from an existing, unused office building
and parking lot to a mixed-use project that would
bring businesses and residents to the area.

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Applicable Land Use Goals and Policies Consistency Analysis 2021 - 2029 Housing Element
Goal 1: Provide a wide range of housing
opportunities for persons of all income levels.

Would not Conflict. The project is a mixed-use
development consisting of multi-family residential
and commercial land uses. The project includes 30
very low-income dwelling units and three moderateincome units. The development would help meet the City’s RHNA allocation for that category.

Goal 2: Provide housing opportunities for persons
with special needs.

Would not Conflict. The project would set aside 30
very-low income housing units and three moderateincome units.

Open Space Element 2013 Update
OS-15: Both within its Area of Interest, and in the
larger regional setting, the City shall continue to
support policies and programs (e.g., the
Guidelines for Orderly Development) that
encourage urban development to locate within
cities and that preserve regional open space in
order to preserve valuable elements of the natural
environment, to protect agricultural land, and to
guide urban form.

Would not Conflict. The project would demolish an
existing office building and construct infill
development within an urban setting. The proposed
development would construct commercial and
residential uses with walkways and recreational
uses.

OS-31: Plan new developments to avoid direct
and secondary impacts on valuable open space
resources; including appropriate access control,
location, and maintenance of fuel modification
areas.

Would not Conflict. The redevelopment of the
project site would bring new residential and
commercial uses along with public and private open
space zones amenities to an infill site. The project
would not encroach, impact, or disturb any natural
open space resources by placing buildings within 200
feet of these areas.

Circulation
Policy: A variety of transportation modes should
be encouraged.

Would not Conflict. The project development
encourages alternate mode of transportation. There
will be on-site electrical vehicle charging stations,
bicycle parking spaces, and electric bicycle charging
stations. Mixed use development also provides
opportunities to live, shop, and eat without driving to other locations. Amenities the project provides such
as social roof deck, playground, and garden areas
would allow residents to have recreation options
without driving to alternate locations.

Policy: A City-wide system of pedestrian and
bicycle facilities that provide safe, continuous
accessibility to all residential, commercial, and
industrial areas, to the trail system and to the
scenic bike route system shall be provided and
maintained.

Would not Conflict. The project site is adjacent to
recommended future Class II bicycle lanes and would
include bicycle parking spaces and electric bicycle
charging stations.

Policy: The City shall balance vehicular
circulation requirements with aesthetic,
pedestrian, bicycle, and equestrian needs which
affect the quality of life.

Would not Conflict. The project structures and
landscaping would meet aesthetic requirements. The
project would include pedestrian and bicycle
infrastructure.

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Applicable Land Use Goals and Policies Consistency Analysis Recreational, Parks, and Natural Open Space
Policy: Neighborhood parks and open spaces
should be located within walking distance of
residential areas.

Would not Conflict. The project plans incorporate
common and private open spaces including a
playground for children and amenities for teen-aged
residents and guests of residents. These spaces will
be developed within the project, walking distance for
future residents in the residential use area.

Policy: A multi-use system of equestrian, biking
and hiking trails should be implemented to provide
access between and within open space reserves.

Would not Conflict. The project site is not proximate
to open space reserve areas. However, the site is
adjacent to recommended future Class II bicycle
lanes and the project would incorporate pedestrian
and bicycle infrastructure, including indoor/outdoor
bike parking with electric bicycle charging stations.

Noise Element
Goal N-1: Achieve and maintain an environment
in which noise- sensitive uses are not disturbed by
noise that exceeds exposure guidelines in this
Noise Element.

Would not Conflict. As discussed in the project
noise study, the project’s noise and vibration impacts
on other land uses (including sensitive receptors)
would be less than significant with mitigation.

The project site is located adjacent to the vicinity of US 101, a major freeway, and proposes residences,
which may be generally considered a freeway-noiseincompatible land use. As discussed in Latigo Hillcrest Project; Los Angeles County, California
Noise and Vibration Study; Veneklasen Project No.
8119-002 by Veneklasen Associates dated January
27, 2023, the existing ambient noise levels on the
project site range from 64 to 69 dB CNEL at four
measurement locations. These exterior noise levels
range from “conditionally compatible” to “normally
incompatible”, but both categories are considered
compatible, with a detailed acoustical analysis showing interior noise levels of 45 dB CNEL, assuming compliance with the California Building Code.

Further, the buildings and planned landscaping
would serve to attenuate freeway noise in many of
the open space areas and walkways of the site.

Policy N1-4. Prevention of Future Noise Conflicts.

The City will strive to avoid future noise conflicts
between land uses and noise sources or activities
that would exceed the noise guidelines for noise
sensitive land uses adopted in this Noise Element.

Goal N-2: Preserve quiet and diminish existing
noise levels in areas of noise-sensitive uses to the
extent reasonable and feasible while permitting
development in accordance with the Land Use
and Circulation Elements of the General Plan.

Policy N-2.1 Consider Impact of Noise Increases
in Quiet Areas. In evaluating projects for
significant adverse environmental effects under
the California Environmental Quality Act, the City
will consider substantial increases in community
noise level to be a potentially significant effect
even if these increases do not result in a violation
of the City’s guidelines for normally acceptable
noise levels for noise-sensitive land uses.

Would not Conflict. The project is adjacent to the
vicinity of US 101 and is not a quiet area. However,
the buildings and planned landscaping would serve
to attenuate freeway noise in many of the open space
areas and walkways of the site.

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Applicable Land Use Goals and Policies Consistency Analysis Safety Element 2014 Update
Goal S-1: Minimize the risk of loss of life, injury,
damage to property, and economic and social
dislocation resulting from fault rupture and
seismically induced ground shaking.

Would not Conflict. The project is required to follow
applicable building codes (TOMC and CALGreen)
and would incorporate recommendations of the
geotechnical report to ensure public safety and
minimize risks, as discussed.

Policy S-1: Require site-specific geologic and
engineering investigations as specified in the
California Building Code (International Building
Code with California amendments) and Municipal
Code for proposed new developments and/or
when deemed necessary by the City Engineer
and/or through the CEQA process.

Would not Conflict. A preliminary site-specific
Geotechnical Report was conducted based on
available geotechnical information and published
geological data. The project’s final geotechnical
report is required to provide design recommendations, to be reviewed by the City Engineer, meeting county-wide and regulatory compliance.

Goal S-4: Minimize the risk of loss of life, injury,
damage to property, and economic and social
dislocations resulting from inundation by dam
failure or floods.

Would not Conflict. Part of the project site is located in an area with 0.2 percent chance of flooding per
year, but none of the site is within the zone of a one
percent chance of flooding per year.1
Goal S-6: Prevent the loss of life and property due
to uncontrolled wildfire in the urban/wildland
interface through the cooperation of the Ventura
County Fire Protection District and property
owners living in these areas.

Would not Conflict. The project site is not located
along the urban/wildland interface and is not in a
designated Very High Fire Hazard Severity Zone.

The project development would be required to
comply with the California Building Code and
California Fire Code, along with procedural review by
the City of Thousand Oaks and the Ventura County
Fire Department, to prevent loss of life and property
in wildfires.

Goal S-7: Protect life, property, and the
environment from the effects of releases of
hazardous materials into the air, land, or water.

Would not Conflict. The amount of transport, use,
and/or storage of hazardous materials during project
operation is dependent on the businesses/facilities
that lease the commercial space of the proposed
development, which is currently unknown, and may
change throughout the years; however, the uses are
not expected to generate, use, or transport
hazardous materials in quantities large enough to
become a significant threat to public well-being and
the environment. If the commercial use development
were to generate large enough quantities of
hazardous materials, they would have to register with
the Department of Toxic Substances Control as small
quantity generators, then comply with all applicable
regulations of storage and transport of hazardous
materials under Resource Conservation and
Recovery Act and other federal, state, or local laws
and regulations. Businesses would also have to
submit Hazardous Materials Business Plans to
Certified Unified Program Agencies with regular
updates. Compliance with all federal, state, and local
regulations will minimize the effect of hazardous
1 Ventura County Public Works, FEMA Flood Hazard Map; Accessed on September 8, 2022 at:
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Applicable Land Use Goals and Policies Consistency Analysis materials on public safety and environment. Any
businesses generating enough large quantity of
hazardous materials would also involve transport of
those materials to the project site.

2. The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code (TOMC Section 9-4.2803I(2)).

The design of the new mixed-use development complies with all applicable laws, regulations, and policies, including the SP-24, Architectural Design Guidelines for Commercial Projects (Res. No. 2005-011), and Precise Plan of Design Guidelines (Res. No. 2006-108) in that the building architecture is compatible with other structures in the vicinity, and will be a quality addition to the Rancho Conejo BioTech Hub/ Gateway area.

The project is comparable in massing and scale to the Amgen facilities to the north and incorporates design elements such as color palette and material choices that are complementary to the surrounding uses while providing a modern design aesthetic. The development provides a transition from the commercial uses in the neighborhood to the lower-density residential neighborhood to the east by concentrating commercial elements of the development adjacent to the existing commercial property at the corner of Rancho Conejo Boulevard and W Hillcrest Drive. Although the new development is designed to be taller than the residential uses to the east, a landscaped parking lot provides a physical buffer between the new structures and the Linden Apartments residences. Specifically, the closest building is setback approximately 65 feet from the eastern property line and 85 feet from the closest residential building. In addition, the fourth story is setback another approximately 30 feet and the architectural design clearly differentiates between the first and upper floors using material changes and ground-floor patios to further reduce appearance of massing from the ground level.

Additionally, the project has also been reviewed by other City departments and agencies for conformance with applicable laws, regulations, and policies, and provided appropriate conditions of approval. Therefore, the project complies with all applicable laws, regulations, and policies.

3. The project will not be detrimental to the public health, safety or general welfare (TOMC Section 9-4.2803(c)(3)).

The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and approved by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD). With the incorporation of the conditions set forth by these department and agencies, the project will not be detrimental to public health, safety, or general welfare as the granting of this permit:

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a. Will maintain the degree of compatibility of property uses that the Zoning Ordinance is intended to promote and preserve, considering the particular site, and uses on parcels within the zone in which the use is located; and, b. Will not result in a use which may reasonably be expected to become obnoxious, dangerous, offensive or injurious to the public health, safety or welfare, by reason of the emission of noise, smoke, dust, fumes, vibrations, odor or harmful or annoying substances: and,
c. Will preserve the integrity and character of the zone in which the use will be located and the utility and the value of property in the zone and in adjacent zones; and,
d. Will not become detrimental to the public interest, health, safety, convenience or general welfare.

As demonstrated in the environmental document (2022-70774-EIR) the project will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. Specifically, the project would not create traffic or pedestrian hazards because the project would utilize a network of roads and sidewalks that were designed to accommodate the vehicle and pedestrian traffic generated by this development and the existing development including the industrial, office and commercial uses to the north, west, and south, and the existing residential uses to the east. The project’s operational noise is anticipated to be similar to and compatible with the adjacent residential development. With the Mitigation Measures required by 2022-70774-EIR and conditions of approval, construction noise will be reduced so the impact is less than significant. Therefore, the project will not be detrimental to the public health, safety, or general welfare.

4. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act (TOMC Section 9-4.2803(c)(4)).

The proposed Development Permit has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project.

The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 6
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70780-PTP, as stated in (TOMC Section 9-4.4206(b)) as follows:

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1. The condition or location of the oak trees requires cutting to maintain or aid its health, balance, structure, or to maintain adequate clearance from existing structures.

The subject scope of work does not include cutting to maintain or aid its health, balance, structure, or to maintain adequate clearance from existing structures.

2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots, pedestrian walkways, interference with utility services, or is causing or is likely to cause substantial property damage based on sufficient evidence and/or documentation and said damage cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices.

The subject scope of work does not include of removal or cutting of trees exclusively for the purpose of removing a condition hazardous to existing development.

However, two of the trees proposed to be removed are noted to be in poor or very poor condition.

3. A permit may be approved when necessary to remove, relocate, cut or encroach into the protected zone of an oak tree to enable the reasonable and conforming use of the subject property, which is otherwise prevented by the presence of the tree. Reasonable use of the property shall be determined in accordance with the Oak Tree Preservation and Protection Guidelines.

Pruning of four of the 28 protected Coast Live Oak (Quercus agrifolia) trees onsite is proposed in order to maintain proper clearance over proposed sidewalks, outdoor patios, and driveways. Encroachment within the protected zone of eight protected Coast Live Oak (Quercus agrifolia) trees, including the pruning of four trees is necessary to accommodate proposed improvements and grading activities associated with construction of the new mixed-use building and multi-family residential building. A City Tree Consultant inspected the subject trees and determined that proposed encroachment will not be detrimental to the health of the subject oak trees. Appropriate project conditions are in place to safeguard the oak trees, including installation of fencing around the protected zones and on-site monitoring by the applicant’s consultant during all encroachment and pruning operations.

The removal of 17 other protected trees is necessary to allow adequate vehicular and pedestrian circulation and parking facilities, which were stated to be a City Council priority during the public hearing initiating the General Plan Amendment and allocating the residential capacity. Existing protected trees located along the public right-of-way were prioritized for preservation both with and without conditional encroachments.

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4. Approval of the request is not contrary to or in conflict with the general purpose and intent of this chapter.

Approval is consistent with the intent of the Oak Tree Preservation and Protection Ordinance since the proposed removal of 17 Coast Live Oak (Quercus agrifolia) trees will be replaced in accordance with mitigation standards adopted by the Oak Tree Preservation and Protection Guidelines Resolution 2010-14.

The proposed tree replacement program would plant three trees for each tree removed, consisting of two 24-inch box and one 36-inch box trees in compliance with the City’s Oak Tree Preservation and Protection Guidelines. The total number of replacement oaks required would be thirty-four 24-inch box trees and seventeen 36-inch box trees. The project plan set dated May 26, 2023 includes the conceptual location of 40 on-site replacement trees, a mix of 20 valley oak (Quercus lobata) and 20 coast live oak trees (Quercus agrifolia), all 36-inch box specimens. In addition, 11 Western Sycamore (Platanus racemose) are to be provided.

Therefore, the applicant will either need to submit a new Replacement Tree Plan which complies with Resolution 2010-014, propose the planting of the trees at an off-site location for public benefit, subject to Community Development Director approval, or provide an in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution 2010-014. Similarly, if, during Building Safety review or construction it is determined that any of the proposed replacement trees are unable to be located on site, the Community Development Director may approve planting of the trees at an off-site location for public benefit or provide and in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution 2010-014.

Further, replacement trees have been strategically located around the perimeter of the subject property in order to provide a physical barrier between the residential structures and surrounding roadways. Such placement would provide visual screening to and from the roadways and reduce noise entering the site. Therefore, staff supports the proposed replacement tree layout. In addition, replacement trees included in the easement area along Rancho Conejo Boulevard complement the designated City Gateway area as required by Resolution No. 93-152.

With the inclusion of the recommended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Chapter 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution 2010-14.

Item No. 10B
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In addition, the project is consistent with the Thousand Oaks General Plan, including the Conservation Element, in that conditions have been applied to the minimize impacts from encroachment within the protected zone of the eight protected Coast Live Oak (Quercus agrifolia) trees. With the inclusion of conditions, the proposed encroachment within the tree’s protected zone is not likely to result in a decline in the health of the trees.

5. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act.

The Protected Tree Permit request has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project.

The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 7
WHEREAS, local governments are authorized by the Government Code Section 65864 et seq., to enter into development agreements with any person having legal and equitable interest in real property for the development of that property; and
WHEREAS, the Applicant and City have negotiated the terms of the Development Agreement (“Agreement”); and
WHEREAS, the Planning Commission has reviewed the terms of the Agreement, has conducted a public hearing on June 5, 2023, and believes that it will in the best interest of the City, and the best interest of the public, considered the recommendation of the Planning Commission, and considered all public testimony; and
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70777-DAGR through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

As determined and recommended by the Planning Commission pursuant to TOMC Sec. 9-11.09 the development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan:

Item No. 10B
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Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and SP-24, as described in the findings made above.

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

3. Is in conformity with public convenience, general welfare and good land use practice;
The Development Agreement is in conformity with public convenience, general welfare and good land use practice, as described in the findings made above.

4. Will [not] be detrimental to the health, safety and general welfare; and Approval will not be detrimental to the health, safety and general welfare, as described in the findings made above.

5. Will [not] adversely affect the orderly development of property or the preservation of property values.

Approval will not adversely affect the orderly development of property or the preservation of property values as the project will replace a vacant, underdeveloped commercial site with a new, mixed-use commercial and residential development which will bring amenities to both other residential uses and employees of existing commercial and industrial uses in the area.

6. In addition, the City Council finds that none of the conditions described in California Code of Regulations, Title 14, Chapter 3, Section 15162 are present, including the following:
a. Approval of the Agreement does not propose substantial changes which will require major revisions to the approved EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; and
b. Approval of the Agreement does not create substantial changes with respect to the circumstances under which the project is being undertaken which would require major revisions to the EIR; and
c. Approval of the Agreement does not reveal new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified. d. Approval of the Agreement merely implements the specific plan.

Item No. 10B
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NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the staff report, the Findings of Fact above, and, having considered the Final EIR and associated MMRP, the Planning Commission recommends that City Council approve 2021-70169-LU, 2022-70776- Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR, subject to conformance with the conditions set forth and attached hereto and made a part hereof as well as recommends to City Council the adoption and certification of the Final Environmental Impact Report 2022-70774-EIR prepared for the project. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City’s discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the Planning Commission or City Council.

I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 5th day of June 2023, by the following vote:

AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
ABSTAIN: COMMISSIONERS
Sharon McMahon, Chair
Planning Commission
Stephen Kearns, Secretary
Planning Commission
Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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COMMUNITY DEVELOPMENT DEPARTMENT –

GENERAL PROJECT CONDITIONS

STANDARD

1. Land and Application – The General Plan Amendment, Zoning Change; Development Permit; Specific Plan; Development Agreement; Development Permit; Protected Tree Permit; and Environmental Impact Report 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 May 26, 2023.

2. Scope of Permit Approval – This permit is for a General Plan amendment from Commercial to Commercial/ Residential; a Zoning Change adopting Specific Plan-24 (SP-24); Development Agreement specifying development performance; and a Development Permit; along with a Protected Tree Permit, to allow demolition of the existing two-story commercial structure and construction of two new podium buildings comprised of: a four-story mixed-use development including 333 multi-family residential units (including 30 very low-income affordable units and three moderate income affordable units), common areas, and amenities and approximately 5,300 square feet of commercial space with alcohol consumption above semisubterranean parking structures as well as the removal of 17 coast live oak (Quercus agrifolia) trees and encroachment into the protected zone of 11 coast live oak trees at 2150 W. Hillcrest Drive, as shown on project plans labeled “Project Plan Set” dated May 26, 2023, and the Oak Tree Report dated May 2023 unless conditioned otherwise herein.

3. Approval Period – The above referenced permits are granted for the period set forth in 2022-70777-DAGR.

4. Compliance with Applicable Laws, Rules, and Regulations – The applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed-use development.

5. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release, Certificate of Occupancy, or as authorized by the City's Building and Safety Division. Copies of all required licenses shall be submitted to the Community Development Department.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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6. 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.

The developer shall pay Quimby fees to Conejo Recreation & Park District (CRPD) in accordance with State law and the City’s ordinance.

7. Impact Fees for Affordable Housing Units - Per California Government Code Section 65915 and Section 65915.1, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development's affordable units.

8. 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 has commenced upon approval of the proposed improvement by the City.

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

10. Project Changes/Modifications – Changes to the project are subject to the requirements described in SP-24 and 2022-70777-DAGR. Minor changes to 2022-70773-DP or 2022-70780-PTP may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

11. Acknowledgment – The applicant acknowledges that all aspects of this project are of special concern to and regulated by the City of Thousand Oaks, which has established specific criteria and standards concerning development within the City. Any change, modification, or alteration to improvements on the subject property shall first be approved by the City of Thousand Oaks. Any unauthorized changes may require future corrective work and may result in a City Code compliance effort.

12. Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorways, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

13. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.

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

15. Other Applicable Permits – All entitlements and conditions of approval associated with prior onsite development approved by the City of Thousand Oaks (OTP 1235, Z 1977-419, SUP 2001-1037, DP 1977-371 and Minor Modification Nos. 1 through 4, DP 1982-512 and Minor Modification Nos. 1 through 4, and SUP 2001-1037) are rescinded, voided and of no further effect. The property’s Title Report is to be updated to remove references to Covenants, Agreements and Declarations required by the permits which are rescinded, voided and of no further effect.

ENVIRONMENTAL MITIGATION MEASURES

16. Mitigation Compliance – Prior to the issuance of any grading or building permit, the applicant shall submit a written report demonstrating that all mitigation measures imposed by the City to either reduce or avoid significant environmental impacts identified in the Environmental Impact Report (EIR) (2022-70774-EIR) have either been incorporated in the project design or undertaken as required. Final determination of compliance with imposed mitigation measures pursuant to the requirements of Section 21081.6 of the Public Resources Code shall in turn be subject to the review and approval of the Community Development Department.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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17. MM BIO-11 – Pre-Construction Bat Surveys – No earlier than three days prior to ground or vegetation disturbing activities, and separately three days prior to demolition activities if occurring 14 days or more after ground or vegetation disturbing activities, a City-approved qualified biologist shall inspect the outside and inside of the vacant structure for sign of roosting bats, such as presence of guano or direct observations. A report of the bat survey results shall be submitted to the City for review and approval prior to ground and/or vegetation disturbance activities. If evidence of bat roosting is observed, building demolition shall not be allowed until a qualified biologist can verify that the roost is no longer active. Separate ground or vegetation disturbing activities may commence if determined appropriate by the biologist, with or without an avoidance buffer if found necessary. If necessary, bats may be evicted and building demolished following submittal and approval of a Bat Avoidance Plan by the California Department of Fish and Wildlife (CDFW).

18. MM PAL-1 – Paleontological Monitoring Plan – Prior to construction, a company qualified to provide paleontological monitoring should be engaged by the applicant to provide monitoring services. The paleontological monitoring team should examine the project geotechnical report, the final project grading plan, and the site schedule to determine what subsurface activities may require paleontological monitoring of project site grading.

Spot-check monitoring may be used within older alluvial deposits, however, if fossils are identified in older alluvial material, or if deeper fossil-bearing rock formations are encountered, then fulltime paleontological monitoring should take place to the end of site grading.

The paleontological team will develop a construction phase paleontological monitoring plan (Monitoring Plan), which will include all available paleontological context for the project, including the Natural History Museum of Los Angeles County (NHM) record of findings, the geotechnical report, and the Phase I Cultural Resources Assessment, as well as guidelines on when spot-check and fulltime monitoring should be used, what the project discovery plan is for fossil resources, and what the communication plan is that should be followed in the case of discovery. The Monitoring Plan will also include a Worker Environmental Awareness Plan (WEAP) in order to educate grading and trenching teams on the purpose of monitoring and what paleontological monitors look for as to fossil resources.

The WEAP training should discuss what actions should take place upon a fossil discovery.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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19. MM PAL-2 – Paleontological Monitoring – The paleontological monitor will collect any fossil material that is uncovered through grading that is found within a disturbed context and can halt construction within 30-feet of a potentially significant fossil resource if necessary. Fossils collected from a disturbed context or that do not warrant additional assessment can be collected, without the need to halt grading. If fossils are not present within the older alluvial or bedrock material, and the project conditions warrant reduced monitoring, then a weekly spot-check system of monitoring can be arranged by the compliance team with the construction manager. However, if fossils are encountered, which cannot be removed during grading and that the monitor believes will need further assessment, then the project “discovery” protocol will be followed. Discovery situations that do not lead to further assessment, survey, evaluation, or data recovery can be described in the monitor’s daily Monitoring Report.

All fossils recovered that may be of importance to California paleontology, will be cleaned, analyzed, and described within a final project Monitoring Report, which will be submitted to the NHM at the end of the project. All materials will be curated at the NHM or placed on public display by the owner. If important fossils are found during monitoring, a Curation Plan will be needed that is reviewed by the lead agency prior to the publication of the Monitoring Report. The costs of the Monitoring Report, the Curation Plan, and the processing, analysis, and curation of all fossils will be the responsibility of the applicant.

20. MM PAL-3 – Fossil Discovery Protocol – If fossil materials are encountered by the project grading or trenching crews when the worksite is not being monitored, either because the project is not within sensitive rock units or because spot-check monitoring is taking place, then a Fossil Discovery Protocol should be followed by the grading/trenching team.

If potentially significant fossil materials are encountered during project grading within native soils or original context, then all work in that area shall be halted or diverted away from the discovery to a distance of 30-feet until a senior paleontologist can evaluate the nature and/or significance of the find(s). If the senior paleontologist confirms that the discovery is potentially significant, then the lead agency and the applicant will be contacted and informed of the discovery. Construction will not resume in the locality of the discovery until consultation between the senior paleontologist, the applicant, the lead agency, and any other concerned parties (such as additional regulatory agencies), takes place and reaches a conclusion approved by the lead agency.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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If a significant fossil resource is discovered during earth-moving, complete avoidance of the find is preferred. However, if the discovery cannot be avoided, further survey work, evaluation tasks, or data recovery of the significant fossil resource may be required by the lead agency. The lead agency may also require additional site monitoring based on the nature of the discovery. All costs for site monitoring, discovery assessment, discovery evaluation, or data recovery of will be the responsibility of the Applicant. Any reports generated by the discovery event will be submitted to the NHM at the conclusion of the project.

21. MM HAZ-1 – Soil Vapor Testing – Due to the project being in close proximity to two open cleanup sites as Recognized Environmental Conditions (RECs) with a potential Vapor Encroachment Condition (VEC), although the possibility of hazardous material migrating beneath the project site from the RECs is considered low, limited soil vapor testing in the areas of proposed buildings intended for human occupancy shall be required at the project site. The results of the soil vapor testing will be used to evaluate if potential VECs exist and whether engineer controls (vapor barrier) are needed for the proposed redevelopment of the project site.

22. MM NOI-1 – Construction Barrier – A 12-foot-high barrier shall be placed at the eastern boundary of the project site during construction to reduce the construction noise levels at the residences by 14 dBA to 62 dBA. The resulting predicted mitigated construction noise level of 62 dBA is close to the measured ambient noise levels and will temporarily increase the ambient noise level by approximately 2 to 4 dBA at the residences to the east, as shown on Table 6 of the EIR Noise and Vibration Study (Veneklasen 2023).

23. MM NOI-2– No Impact Pile Drivers – In order to avoid impacts to vibrationsensitive uses north of the project site, impact pile drivers shall not be used on site and alternative equipment and methods (such as cast-in-drilled-hole (CIDH) piles) shall be used to construct the deep foundation system for the proposed project buildings.

24. MM NOI-3 – Construction Equipment Limitations at the Eastern Boundary – In order to assure avoidance of potential building damage impacts, no more than two units of powered construction equipment shall be used at the same time within 20 feet from any residence on the east side of the site.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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BUILDING SAFETY AND CONSTRUCTION

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

26. Approval Inclusion – The following shall apply:
a. This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
b. All agreements, development standards, use allowances contained in SP-24 and 2022-70777-DAGR shall apply to this approval.

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

28. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form, shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the conceptual grading plan, and grading plan/exhibits labeled “Project Plan Set,” date stamped May 26, 2023.

29. Construction/Security Fencing – Prior to the issuance of a grading/ building permit, the applicant shall install a temporary five (5) foot high chain-link fence within the limits of the proposed development area. Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site. The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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30. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.

Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

31. Archaeological Discovery Protocol – If buried materials of potential archaeological significance are accidentally discovered within an undisturbed context during ground disturbance, then all work in that area shall be halted or diverted away from the discovery to a distance of 50-feet until a qualified senior archaeologist can evaluate the nature and significance of the find(s). A project communication plan will be followed, and the Lead agency (City of Thousand Oaks) will be immediately notified of the discovery.

Ground disturbance shall not resume in the locality of the discovery until consultation between the senior archaeologist, the Lead agency, the applicant’s representative, and all other concerned parties, takes place and reaches a conclusion acceptable to the City of Thousand Oaks. If a significant archaeological resource is discovered during ground disturbance, complete avoidance of the find is preferred. However, further survey work, evaluation tasks, or fossil recovery of the significant resource by a qualified archaeologist may be required by the Lead agency if the resource cannot be avoided. This work shall be conducted, and paid for, by the applicant. In response to the discovery of significant archaeological resources, the Lead agency may also add additional conditions, which may include archaeological monitoring.

Any monitoring, assessment, evaluation, fossil recovery, or other reports that are generated as a response to the discovery of a significant archaeological resource shall be submitted to the lead agency for review and final curation as part of the project record. All such documents associated with the discovery of archaeological resources will be transmitted to the Natural History Museum of Los Angeles County at the end of project construction.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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32. Inadvertent Discovery of Human Remains – The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses these findings. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has made a determination as to the origin and disposition of the remains pursuant to California Health and Safety Code (PRC) Section 5097.98. The coroner must be notified of the find immediately, together with the City and the property owner.

If the human remains are determined to be prehistoric, the coroner will notify the California Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials and an appropriate re-internment site. The lead agency and a qualified archaeologist shall also establish additional appropriate mitigation measures for further site development, which may include additional archaeological and Native American monitoring or subsurface testing.

33. Tier 4 Final Grading Equipment – Heavy-duty diesel-powered construction equipment used on-site shall be equipped with Tier 4 Final or better diesel engines as proposed. The City of Thousand Oaks shall verify and approve all pieces within the construction fleet that would not meet Tier 4 Final standards per the VCAPCD Guidelines. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer’s specifications.

An exemption from these requirements may be granted by the City in the event that the applicant documents that equipment with the required tier is not reasonably available and corresponding reduction in criteria air pollutant emissions are achieved from other construction equipment. Before an exemption may be considered by the City, the applicant shall be required to demonstrate that at least two construction fleet owners/operators in Ventura County, or more, at the discretion of the Community Development Director, were contacted and that those owners/operators confirmed Tier 4 Final equipment could not be located within Ventura County.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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34. Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.

35. Phasing – The project shall be graded and constructed in a single phase as specified and in accordance with the parameters contained in the recorded Development Agreement (2022-70777-DAGR).

36. Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to congregate in the residential neighborhood or onsite before and after the construction hours authorized herein. Likewise, warming of equipment engines shall not be permitted outside the allowable construction hours.

37. Condition Execution – Compliance with and execution of all conditions listed herein shall be necessary prior to obtaining final building inspection clearance and/or prior to obtaining any occupancy clearance, unless stated otherwise herein. Deviation from this requirement shall be permitted only by written consent of the Community Development Director or designee.

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

39. 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 developer 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.

Item No. 10B

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The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

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

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

42. Demolition of Structures Containing Asbestos – APCD Rule No. 62.7 (Asbestos – Demolition and Renovation) shall be complied with by the applicant for all demolition activities.

43. Dust Prevention – In order to prevent excessive amounts of fugitive dust, all materials excavated (on-site) shall be controlled for with Ventura County Air Pollution Control District methods, which includes adherence to Rule 50 (Opacity) that sets opacity standards on the discharge from sources of air contaminants. This rule would apply during construction of the proposed project, specifically grading activities, Rule 55 (Fugitive Dust) that requires dust generators to implement control measures to limit the amount of dust from vehicle track-out, earth moving, bulk material handling, and truck hauling activities, and Rule 55.2 (Street Sweeping Equipment) that requires the use of PM10 efficient street sweepers for routine street sweeping and for removing vehicle track-out pursuant to Rule 55. The project is to comply with the City of Thousand Oaks Water Conservation Ordinance Requirements. Level 4 Conservation Measures prohibit potable water use for dust suppression unless approved through a City waiver. For more information see: https://www.toakswater.org/conservationstages.

44. Rodent Control – The applicant shall submit a rodent control plan to the Community Development Department prior to the issuance of any building permit, which shall include measures to protect adjacent and nearby properties from any rodent displacement during the project demolition and construction activities.

Item No. 10B

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45. Parking/Materials Storage During Construction – All construction equipment, materials, and related contractor vehicles shall be located onsite during all phases of development.

46. Nesting Bird Survey – If project activities (i.e. demolition, grading, construction, landscaping, tree encroachment, pruning and/or removal, etc.) occur between February 1st and September 1st, a breeding bird survey is required to be conducted and active nests shall be avoided with a minimum buffer distance as determined by a qualified biological monitor. To prevent disturbance of any active nests, a 300-foot radius for raptors and 100-foot radius for all other bird species is required until all juveniles have fledged, or the nest is abandoned.

47. Air Filtration Requirements – Prior to issuance of a certificate of occupancy the project must demonstrate compliance with California's Building Energy Efficiency Standard (24 CCR, Part 6, Subchapter 7, Section 150.0) which limits particulate infiltration by installing and maintaining air filtration systems equal to or exceeding the identified filter efficiencies as defined by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 52.2. For the two ground-floor dwelling units closest to the 101 Freeway exit ramp, advanced HEPA filtration is required, as specified by the Recommended Practice (IEST-RPCC001.7) published by the Institute of Environmental Sciences and Technology (IEST). All other filtration devices provided must meet the minimums laid out in the Latigo Hillcrest Mixed-Use Project Freeway Health Risk Assessment dated January 2023.The leasing office shall provide notification/disclosure to all future residents of the project site of the potential risk from the I-101 freeway related to the increased risk of exposure to diesel particulates from the freeway when windows/doors are open and when outside at the recreation areas.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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COMMUNITY DEVELOPMENT DEPARTMENT –
CONDITIONS FOR 2022-70773-DP

BUILDING FORM AND ARCHITECTURAL DESIGN

48. Revised Building Colors/Materials and Elevations – The proposed design of the building shall be constructed substantially as depicted on the building elevations and perspectives as shown in exhibits labeled Project Plan Set dated May 26, 2023, except for the following:
a. The addition of an architectural treatment at the parapet of the third floor on specific corners or specific fourth floor facades as approved by the Community Development Director.
b. Provision of heavy-gauge, decorative screening material for garage openings.
c. Provision of trellis or other shade structures over common roof-top decks and patios as permitted by the Building Safety Division and Fire Department to provide greater roof articulation.
d. Window frames shall be made of aluminum, fiberglass, wood, or manufactured wood; or another material with a wood grain texture finish on the following facades:
i. Building A facing West Hillcrest Drive;
ii. Building A and B facing Rancho Conejo Boulevard and the commercial property in between the subject property and Rancho Conejo Boulevard;
iii. Building A and B facing the internal street bisecting the property, parallel to Hillcrest Drive;
iv. Building A and B facing the Linden Apartments to the east of the subject property.

The remainder of window frames may be dark bronze or similar color vinyl. Actual material samples must be provided prior to submittal of building permits to allow review and approval by the Community Development Department.
e. Provision of metal awnings on all elevations on windows located on the third floor as follow:
i. Elevation “A” North on the portion of the building between the tower element and front entrance to commercial component. ii. Elevation “B” South along the residential units on the portion of the building projecting forward.

Item No. 10B

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iii. Elevation “C” North along all the portions of the building projecting forward except on the portions of the building where the elevation incorporates fiber cement siding and brick veneer.
iv. Elevation “D” South, Building A+B Elevation “E” West, Building A Elevation “E” West, Building B Elevation “F” West, Building A+B Elevation “F” East, Building A Elevation “F” Building B Elevation “F” East, Building A Elevation “F: East, and Building B Elevation “F” East across all the sections of the building projecting forward.
f. Incorporation of brick veneer on all buildings, including sub buildings 1 through 4, as reviewed and approved by the Community
Development Department.

49. Color and Materials Board - All exterior materials and colors shall match or be upgraded from those depicted on the exhibits labeled “Project Plan Set,” date stamped May 26, 2023 and as conditioned, subject to review and approval of the Planning Division of the Community Development Department. Changes to materials which are not comparable or better must be approved by the Planning Commission. Prior to the issuance of a building and/or grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

50. Front, Side, and Rear Yard Setbacks – All structural and landscape setback requirements from property line shall be provided as depicted on the submitted project plan set, as described in SP-24, and as follows:

Building First Floor, Fourth Floor, and Landscape Buffer Setbacks Building A:

Front(North):
40’ Minimum First Floor
70’ Minimum Fourth Floor Setback (Except at Northeast
Corner Building Entry)
Left(West):
60’ Minimum
5’ Required Min. Landscape Setback Along
Driveway/Parking
Right(East):
100’ Minimum
10’ Required Min. Landscape Setback Along
Driveway/Parking
Item No. 10B

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Building B:

Rear(South): 15’ Minimum First Floor Building
40’ Minimum Average Fourth Floor Setback
Left (West):
20’ Minimum First Floor Building
85’ Minimum Average Fourth Floor Setback
5’ Required Min. Landscape Setback Along
Driveway/Parking
Right (East):
63’ Minimum First Floor Building And
100’ Minimum Average Fourth Floor Setback
10’ Required Min. Landscape Setback Along
Driveway/Parking

51. Building Heights – The maximum building heights shall be provided as shown on the elevation plans as shown in the Project Plan Set dated May 26, 2023. The absolute maximum height at any point is 55 feet.

52. Façade Articulation – Façade articulation, including setbacks, material offsets as well as significant, major, and minor massing breaks shall be provided as show in the Project Plan Set dated May 26, 2023 and SP-24.

The maximum building length is 325 feet.

53. Residential Window Area – A minimum of 36% of residential windows must be inset a minimum of two-inches and include a wood-look trim or brick header as shown in the Project Plan Set date stamped May 26, 2023.

54. Storefront Window Area – A minimum of 65% of the commercial storefront façade provided shall have transparent window area and minimum threeinch recess as shown in the Project Plan Set date stamped May 26, 2023.

55. Mixed-Use Façade Transparency – The façade facing Hillcrest Drive shall have a minimum of 50% transparency on the ground floor and at least 35%, combined, on all levels above the ground floor.

56. Residential Direct Outdoor Primary Access – Primary entrances to firstfloor residential units with direct access to the outside shall be provided as shown on plans date stamped May 26, 2023. If final grading plans allow additional residential units to gain direct outdoor access, that should be provided.

57. Emergency Exit/Service Doors – All exterior emergency exit and service doors as viewed from public streets shall be decorative and located in recessed vestibules of sufficient depth to accommodate the installation of overhead recessed security light fixtures. Other doors not viewed from Item No. 10B

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public streets may be illuminated by either the same method or by the installation of decorative architectural light fixtures. Said doors shall be operated from the inside with appropriate approved hardware and shall be alarmed. No exposed hardware including door latches shall be permitted on the exterior surface of any door. Any access from the exterior shall be limited to key activated hardware locks only. All such doors shall be painted or treated a color to match the adjacent exterior finish of the building or as approved herein. Design and location of all doors shall be subject to review and approval by the Community Development and Police Departments.

58. Flat Roof Areas – Flat roof areas and parapet walls exposed to view from surrounding areas shall be color-coded to blend with the exterior wall finishes, subject to the review and approval of the Community Development Department.

59. Exterior Trash Enclosures – Exterior trash enclosures shall consist of solid masonry walls plastered to match the building’s exterior with metal gates set in metal frames and shall be protected with a solid overhang roof structure subject to review by the Community Development Department and Public Works Departments. Trash enclosure areas shall be designed in accordance with the City’s adopted trash area design criteria. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area. Prior to the issuance of a building permit, the developer is to provide a signed letter from the City’s solid waste service provider to the Community Development Director and Public Works Director confirming the trash enclosure has been designed consistent with their operational needs. Prior to the issuance of a building permit, the final design and locations for trash enclosure areas shall be submitted for review and approval by the Community Development and Public Works Departments.

During the project’s operational phase, exterior trash enclosures shall be kept closed and locked during non-business hours to discourage, loitering, illegal dumping and theft.

60. Outside Storage – No outside open storage of any kind shall be permitted on the site, including recycled materials, packaged materials or materials within containers. There shall be no outside containers for the purposes of storing items, such as cargo containers, unless otherwise approved through an evaluation process set by the Community Development Department Director including any necessary noticing requirements and documents deemed required by the Director.

Item No. 10B

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61. Roof Access – Access to the building roof shall only be from the interior of each building and shall be secured with appropriate hatches and be locked at all times. Exterior ladders are prohibited. Design, location and security requirements of said access shall be subject to approval of the Community Development Department and the Police Department.

62. Downspouts – Downspouts shall be avoided or concealed within the building walls at specific feature corner elements, such as the commercial/retail corner and brick lobby towers or any façade viewable from Hillcrest Drive or Rancho Conejo Boulevard. Any downspout not concealed within the building walls must be painted to match the wall behind.

63. Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any other similar equipment, as well as roof ladder protrusions, shall be located within the mechanical equipment enclosures as depicted on “Project Plan Set,” date stamped May 26, 2023. Said equipment shall be screened from public view including Hillcrest Drive, Rancho Conejo Boulevard, 101 Freeway, and from properties adjacent to and within the project site. Roof screening treatment shall be designed in a manner that is integrated with the building design.

Prior to issuance of a building permit, final detailed cross-section drawings, studies, equipment manufacturer’s catalogue cuts, brochures, specifications and specific exhibits and roof equipment locations shall be submitted for the review and approval of the Community Development Department. After installation if any roof mounted equipment is visible from public view, additional screening will be required. The design and extent of said screening shall be subject to the review and approval of the Community Development Department.

64. Surface-Mounted Mechanical Equipment – All surface-mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or enclosed by solid decorative masonry walls or stucco wood frame and solid wood gates of a material which is integrated into the character and materials of the project and/or surrounding landscaping design subject to the review and approval of the Planning Division of the Community Development Department and other City utility providers.

65. Utility Lines – All new utility service lines shall be installed underground.

Item No. 10B

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66. 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.

PARKING, ACCESS, AND DRIVEWAY

67. Required Parking –. A minimum of 486 residential parking spaces, 43 commercial spaces, and 52 “surplus” parking spaces shall be provided for the project, as shown on site within “Project Plan Set,” date stamped May 26, 2023. A10% reduction of required surplus spaces may be permitted upon review and approval of the Community Development Department. The commercial and residential parking shall be spatially distinct and independent of each other. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code and SP-24. Any minor change to parking or future development on the subject property shall be reviewed and evaluated by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

68. Building B Parking Garage Design – The floor level above the parking structure shall not exceed six (6') feet above finished grade for more than fifty (50%) percent of the perimeter and shall not exceed twelve (12') feet above finished grade at any point, as shown on site within “Project Plan Set,” date stamped May 26, 2023.

Any exposed elevations of the below-grade parking structure shall be designed to reflect architectural compatibility with existing or proposed structure. The above-grade, visible portions of the exterior elevations of the below-grade parking structure shall be designed to minimize the use of blank facades through the combined use of appropriate architectural treatment such as heavy textured concrete, planters, openings, indentations, and projections of exterior walls to provide visual interest. at least 20% of the daylighting portion of the garage, must consist of windows or other openings.

69. Parking Striping – All parking spaces shall be identified with double four inch (4") wide stripes at sixteen inches (16") on center as specified in Section 9-4.2404(a)(2) of the Thousand Oaks Municipal Code.

70. Multi-Family Residential Compact Parking – Maximum permitted compact parking spaces shall not exceed thirty-five percent (35%) parking spaces based on the total parking requirements as indicated under Section Item No. 10B

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9-4.2404(d)(1)(i). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.

71. Commercial 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)(1)(iii). No overhang compact parking space shall be permitted within five feet (5') of any vertical obstruction.

72. Parking Stall Dimensions – The dimensions and design of all standard (non-compact or ADA) parking stalls shall be installed as required in Article 24, Chapter 4, of Title 9 of the Thousand Oaks Municipal Code. Parking stall lengths for stalls that overhang a landscape planter shall be reduced from twenty (20’) feet to a depth of eighteen (18’) feet to allow the remaining two (2’) feet to be converted to landscaping. Overhang parking design shall consist of parking stalls measuring eighteen feet (18’) in depth and shall overhang a minimum six foot (6’) wide planter or sidewalk when adjacent to residential property. A width of nine feet (9’) shall be required for all parking spaces.

73. Parking Stall Clearance - Parking spaces located adjacent to walls must be at least one foot wider to accommodate door opening clearance and vehicle maneuverability. Parking located adjacent to columns within a parking structure also must be one foot wider except for columns placed within four feet of the front or back of a stall.

74. Parking Overhang/Path of Travel – Where head-in parking spaces are located adjacent to a path of travel, the minimum path of travel sidewalk width shall not be less than seven (7’) feet to accommodate a minimum clear sidewalk width of four (4’) feet, allowing three (3’) feet for the parking overhang.

75. Loading Zone – Two loading docks, one for commercial uses and one for residential use at Building A, are to be provided and maintained. At least one loading dock shall be provided shall be not less than twelve (12’) feet in width by twenty-five (25’) feet in depth by fourteen (14’) feet in height pursuant to TOMC Section 9-4.2405.

76. Temporary Parking Area – A designated temporary parking area to accommodate pick-up and/or drop-off activities by delivery and rideshare companies, (i.e. DoorDash, Uber, Lyft, Relay Rides, etc.) is proposed along the roadway located between the two buildings. Appropriate curb Item No. 10B

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designations and signage indicating the hours of operation shall be provided to ensure this area is utilized for these short-term uses and not for the parking of vehicles. All signage is subject to review and approval by the Public Works and Police Departments.

77. Parking Restriction – No parking space shall be utilized for overnight storage of vehicles, other than tenant vehicles.

78. 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 movingrelated vehicles/vans for all residential, commercial tenants and live/work units.

All parking stalls within below-grade parking structures shall be designed for the use of owners, tenants, and employees only.

As part of the Parking Management Program, the applicant shall provide appropriate signage and develop an action plan to prevent parking from spilling off-site onto adjacent locations and prevent residential use of exterior parking spaces intended for the commercial operations on the site.

Said program shall be subject to the review and approval by the Community Development, Public Works and Police Departments.

79. Pedestrian-Friendly Roadway Design – The roadway located between Building A and Building B shall utilize cast in place concrete with enhanced finish (such as topcast and sawcut patterning) and bollards as shown on the plans dated May 26, 2023. Final materials and design shall be subject to review and approval by the Community Development, Public Works, and Fire Departments.

80. Decorative Sidewalk Treatment – The use of decorative material such as rock, tiles, pavers, cast in place concrete with enhanced finish, or similar patterned material shall be provided at the pedestrian entrance(s) to each building, including but not limited to the pedestrian access between Hillcrest Drive and the commercial uses, as well as between Rancho Conejo Boulevard and the nearest sidewalk. The materials and colors shall be submitted to the Community Development Department for review and approval prior to issuance of building permits. The installation and materials shall comply with ADA and Title 24 disabled access requirements for pathof-travel areas.

Item No. 10B

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81. Pedestrian Walkways – The applicant shall utilize a decorative and contrasting surface material and/or color, such as cast in place concrete with enhanced finish, for the pedestrian walkways throughout the site as depicted within the “Project Plan Set,” date stamped May 26, 2023 prior to issuance of building permits. The installation and materials shall comply with ADA and Title 24 disabled access requirements for path-of-travel areas.

82. Driveway Entrances – The project’s two-way driveway aisle entrances from Hillcrest Drive shall be composed of decorative paving materials (such as at-grade cast-in-place concrete with enhanced finish), subject to the review and approval by the Community Development and Public Works Departments.

83. Driveway and Parking Lot Grades – The driveway and parking lot shall be designed as depicted on grading within “Project Plan Set,” date stamped May 26, 2023. All parking lot areas shall have a maximum gradient slope of

2.5% and parking spaces shall have a maximum cross-slope of 2%. All driveways including exterior and interior shall have a slope no greater than 7% and each ramp in the parking garage shall not exceed a maximum of 10% gradient as specified under Section 9-4.2405(a) of the Municipal Code unless otherwise approved by the Community Development and Public Works Departments.

LANDSCAPING

84. Parking Lot Shade Coverage – The applicant shall provide fifty (50%) percent shade coverage in all surface parking areas within fifteen (15) years per Landscape Guidelines Resolution No. 2007-116.

85. Parking Lot Finger Planters – A tree shall be planted at the ends of each finger planter per Landscape Guidelines Resolution No. 2007-116 as depicted within the “Project Plan Set,” date stamped May 26, 2023.

86. Parking Lot Screening – A combination forty-two (42") high decorative headlight screen wall and undulated berming is required anywhere parking spaces face the street and is not already sufficiently screened by existing topography or landscaping, as shown by a cross section detail on the final landscape or grading plans. Said wall shall be decorative and incorporate the design and materials utilized on the main building. A flat shoulder shall be provided from the end of the parking stalls and on both sides of the screen wall to allow room for car overhang and the installation of Item No. 10B

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landscaping in front of the wall. Specific design of mounding and screen wall including landscaping planting shall be subject to the review and approval of the Community Development Department and the Public Works Department prior to the issuance of a grading and building permit.

87. Added Landscaping for Compact Parking and Parking Structure – The project shall provide an additional twenty-five square feet (25 s.f.) of on-site landscaped area, above the minimum amount required, for each compact parking stall which is located outside of the parking garage. In addition, the project shall provide a minimum 5 feet of landscaping anywhere the garage daylights.

88. Garage Screening – At least 50% of the total linear above-grade garage frontage must be covered by landscaping within fifteen (15) years unless otherwise recommended or required by the Community Development Department, including the Building Division.

89. Landscape Design Compliance/Approval – All landscaping and irrigation improvements shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation (Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted and receive final decision prior to the issuance of any grading permit and building permits. Said plans shall be subject to review and approval by the Community Development and Public Works Departments.

The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.

The use of reclaimed water for landscaping where available is encouraged.

90. Landscaping and Irrigation – Landscaping shall be designed using xeriscaping techniques; i.e. drought-tolerant low water-using plants and as allowed in SP-24. The use of lawn, grasses, and turf shall be minimized.

Landscape irrigation systems shall likewise be designed using low-output sprinklers and/or drip automatic timed controls.

91. 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. Trees planted on the podium will be Item No. 10B

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installed in either raised planters constructed of masonry or cast in place concrete, or in depression cast into the podium deck as depicted within the “Project Plan Set,” date stamped May 26, 2023. A minimum of 42” of soil depth and minimum horizontal dimension of 2 times the root ball must be provided unless otherwise approved by the City landscape consultant and Building Division.

92. Landscaping Material Selection – All new landscaping treatment shall consist of combinations of minimum fifteen (15) gallon, twenty-four inch (24"), thirty-six inch (36") and forty-eight inch (48") box size deciduous and evergreen trees as well as five (5) and fifteen (15) gallon shrubs. Larger size trees may be required to complement the building’s facades. The type of landscaping material shall be selected in a manner that blends with existing landscaping treatment in the area. The specific size, number and species of plant materials used shall be included on the landscape plans subject to review and approval by the Community Development Department.

93. Final Landscape Plans – The submitted preliminary landscape plan is approved in concept only. Prior to the issuance of a grading and building permit, final construction landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval by the Community Development Department through a Landscape Plan Check application.

Any landscape and irrigation improvements shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation Plans (Resolution No. 2007-116).

94. Public Exterior Space and Common Amenity Space – Potted landscaping and built-in tree wells shall be provided within the exterior public space and common amenity areas as shown on the conceptual landscape plan dated May 26, 2023. Said plant materials shall be incorporated on the required final landscape plan.

95. Rancho Conejo Boulevard Gateway Area – The landscaped easement provided along Rancho Conejo Boulevard must comply with Resolution No. 93-152. Informational signage describing the protected species in the area should be provided on site. Final plans are subject to review and approval by the Community Development and Public Works Departments.

96. Manufactured Slope Height – No manufactured slope shall exceed twenty-five (25') feet in height. Prior to the issuance of a grading permit a final grading plan shall be submitted for review reflecting compliance with this requirement.

Item No. 10B

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97. Rounded Manufactured Slopes/Contoured Grading Techniques – All manufactured slopes shall include rounded top sections and shall incorporate contour grading techniques to blend with the adjacent terrain, except where slopes terminate into retaining walls.

FENCES, AND WALLS

98. Existing Chainlink Fencing – Any existing chainlink fencing shall be removed, but may be re-used as temporary construction fencing and repositioned in order to preserve and protect on-site oak and/or landmark trees as determined by the Project’s Tree Consultant and the Community Development Department.

99. Wall/Fence/Gate Design – All walls, fences, and gates shall be constructed of decorative material(s) that match the materials and style of the primary buildings. Final detailed drawings of all walls and fencing including elevations, material selections and site plan locations shall be submitted prior to the issuance of any building permit, subject to review and approval of the Community Development and Public Works Departments. Chain link fencing is not approved for any wall, fence or gate.
100. Screen Walls or Hedge – The existing precast concrete panel screen wall along the eastern property boundary shall be repaired anywhere it is damaged, a decorative cap detail shall be provided along the entirety of the wall, and the wall must be repainted to match the new development prior to final occupancy. Prior to the issuance of a grading permit, such design shall be submitted for review and approval by the Community Development and Public Works Department.
101. Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap that match the materials and style of the primary buildings. All retaining walls shall be limited to a maximum exposed height of six (6’) feet, unless otherwise authorized by the Community Development and Public Works Departments for purposes of lessening the amount of grading without negatively impacting public views of the property. In no case shall retaining walls exceed twelve (12) feet. All retaining walls shall incorporate the design and materials utilized on the buildings and be softened by the installation of landscaping adjacent to the wall. Where such walls are exposed to public view, pilasters and/or horizontal articulation of varying depths shall be provided to break up a long linear monotonous appearance. The design and location of all retaining walls shall be subject to review and approval of the Community Development and Public Works Departments.

Item No. 10B

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LIGHTING
102. Site Illumination – Site illumination within the project shall be designed in a manner that is uniform in design and appearance. Parking lot illumination shall be designed in accordance with the City’s parking lot standards as identified in the City’s Building and Security Ordinance No. 1395-NS.

Review and approval of such lighting shall be processed under a separate permit. Special design features within these fixtures shall include flat lens and shielding devices to avoid an over-intensification of illumination, to direct the illumination in a downward direction (full cut-off) and to eliminate any spillover of light into adjacent properties and past the centerline of public streets.

All pole lighting utilized shall not exceed 14’ in height and shall be provided with concrete pedestals finished to complement the earthtone colors of the buildings as shown on site within “Project Plan Set,” date stamped May 26, 2023. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale.

Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval. 103. Photometric/Light Fixture Catalogues and Specifications – All exterior lighting shall be processed under a separate permit. Prior to the issuance of any electrical and building permits for exterior lighting, a photometric analysis prepared by a registered Electrical Engineer and accompanied by light fixture catalogues, brochures and specifications shall be submitted for review and approval by Building and Planning Divisions of the Community Development Department, as well as review by the Police Department. 104. Light Spillover – Light spillover may not occur outside property boundaries where the property abuts a residential use or past the centerline of public streets.

Item No. 10B

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105. Restriction of Light Poles – Light poles are prohibited at the ends of the landscape fingers as the end of landscape fingers are intended be planted with trees to allow their canopies to cover drive aisles and parking spaces and to reduce the likelihood of a vehicle colliding with a light pole. The location of a light pole located within a landscape finger is to be coordinated effort between a landscape architect and a photometric engineer.

Deviations from this prohibition shall be permitted only be written consent of the Community Development Director or designee.
106. Decorative Lighting Above Public Area – Low intensity lighting may be provided above and across the public exterior space.
107. Lighting on Roof Top Terrace – No roof illumination shall be permitted except as otherwise needed to comply with building security requirements.

The design and location of such fixtures shall be subject to review and approval of the Community Development Department prior to the issuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop areas may be illuminated subject to the following:
a. Cut-off shields shall be installed/maintained on each side of the light fixtures visible from the parapet wall perspectives;
b. Motion sensors shall be installed to limit operation of the lighting to times activity is detected on the rooftop areas. Lighting shall be off when no activity is on the rooftop; and
c. Stand-alone light standards shall not exceed 10’-0” in height. 108. Wall Lighting – Wall-pac type light fixtures at building entrance doors, loading areas, and outdoor areas within public view area shall not be permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division.

Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.
109. Light Source – The use of low-pressure sodium illumination; bright white, high intensity LED; or metal halide lighting is prohibited.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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SIGNS
110. All Signs – All site and building signage shall be designed to meet the Architectural Guidelines for Commercial Projects (Res. No. 2005-011), Precise Plan of Design Guidelines (Res. No. 2006-108), as well as Title 9, Chapter 4, Article 23 of the Municipal Code and SP-22. The design, color and location of all site and building signs as well as address numbers shall be processed under separate permits. Prior to the issuance of any sign permits, detailed plans shall be submitted for the review and approval of the Community Development Department.
111. City Gateway Sign – The City Gateway sign located within the easement along Rancho Conejo Boulevard shall be replaced as stated within 2022- 70777-DAGR and as reviewed and approved by the Community Development Department, Public Works Department, and City Manager’s office. Applicant, or applicant’s designated contractor shall work with City staff in good faith to prepare specifications for the new Gateway sign including, but not limited to, the sign materials, dimensions, specific location in the easement along Rancho Conejo Boulevard, and sign copy. The Gateway sign shall be constructed and approved by City before City’s Building Official, or designee, approves the Project for occupancy.

AMENITIES
112. Private Storage – A minimum of 56 cubic feet of private enclosed storage area per unit, must be provided in garages, carports or patio areas must be provided as shown on the plans dated May 26, 2023.
113. Child-Appropriate Play Areas – The project must provide at least one open space area within the development designed for use by children. Such play area must:
a. Have a minimum dimension of fifteen feet (15') in any direction unless otherwise approved by the Community Development Director, and a minimum area of six hundred (600) square feet.
b. Play equipment for children under the age of five (5) must be included in child play areas.
c. The play area must be visible to as many units as possible to provide casual surveillance.
d. The play area must be separated from traffic and any adjacent streets or parking lots with a fence or other barrier at least four feet (4') in height.

Item No. 10B

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e. Seating for adults that are accompanying younger children must be provided.
114. Public Exterior Space – The public space located in front of Building A shall utilize decorative paver stones as shown on the plans dated May 26, 2023. The outdoor area shall incorporate potted plant materials throughout this area. The size, type, and location shall be identified on the formal landscape plan check review, subject to the review and approval by the Community Development Department.
115. Maintenance of Common Facilities – All improvements within common areas of the project including lighting, landscaping, fences, walls, buildings and other related features shall be properly maintained in accordance with conditions of this permit as well as all applicable ordinances and shall not be altered in any manner without prior approval of the City. Any alteration, removal, abandonment or discontinuance without prior City approval shall constitute a violation of the Development Permit and conditions and shall be sufficient grounds for a Code Compliance action.
116. Common On-Site Recreational Amenities for Residents – The applicant shall provide common on-site recreation amenities for the exclusive use by the residents and/or their guests, which include a swimming pool and associated courtyard with seating areas, interior amenity/fitness room, roof terraces and seating courtyard area as shown on the site, floor and conceptual landscape plans in the Project Plan Set dated May 26, 2023. 117. Common On-Site Recreational Amenities for Guests of Residents – The applicant shall provide common on-site outdoor public amenities for guests of the project consisting of seating, public art, water feature(s), gardens and roof terraces as shown on the site, floor and conceptual landscape plans in the Project Plan Set dated May 26, 2023. 118. Private Useable Open Space – Each residential unit must have direct access to adjoining private open space reserved for the exclusive use of residents of the dwelling unit and their guests. Private open space for each unit must be a minimum of 50 square feet with a minimum dimension of six feet. The overall amount of private open space for the project shall be no less than an average of 88 square feet per unit, as shown in the Project Plan Set dated May 26, 2023.

Item No. 10B

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COMMERCIAL USES
119. Notice to Tenants – The management of the property shall include, as an addendum to all tenant leases, disclosure of the hours of operation for the commercial tenants, including the work/live units, and advisement of the potential for alcoholic beverage consumption and/or live entertainment on the site.
120. Outdoor Dining Area Limitation – Outdoor dining areas shall be subject to all requirements as specified in Section 9– 4.2523 of the Thousand Oaks Municipal Code except that no parking spaces are required for the first 500 square feet (8 tables with 4 chairs each) of outdoor dining per commercial unit. Any outdoor dining area in excess of 500 square feet, 1 space per 100 square feet is required (as required by SP 24).
121. Outdoor Dining Enclosure – Outdoor dining areas shall be reviewed in conjunction with any proposed future restaurants and the applicant shall submit a sample of the enclosure materials and colors for review and approval by the Community Development Department prior to installation. 122. Advertising Prohibited on Furniture for Outdoor Dining Areas – Tables, chairs and/or umbrellas within any outdoor customer dining area shall be consistent in materials with the design requirements for the shopping center and shall not contain any advertising or signs.
123. Outdoor Dining Furniture – The design, colors, and materials of the furniture proposed for the outdoor customer seating area shall be subject to the review and approval of the Community Development Department. The applicant shall submit cut sheets and/or brochure information for review and approval by the Community Development Department.
124. Path of Travel – A minimum four (4) foot wide path of travel shall be maintained for pedestrian and disabled access circulation to and within any proposed outdoor customer seating area.
125. Storefront Window Display Area – Product display and product display window areas shall comply with the following standards:
a. The bottom of any window or product display window may not be more than three and one-half feet above the adjacent sidewalk. b. Product display windows must have a minimum height of four feet and be internally lit.

Item No. 10B

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126. Commercial Operations – Commercial-only use areas must include direct service to customers on site and may not include those businesses which only serve off-site customers through delivery services. All on-site commercial operations shall provide services from the tenant space to the public. No “delivery-only” operations are permitted.
127. Delivery Hours – Deliveries for the commercial uses shall be limited to the hours of 7:00 A.M. to 7:00 P.M., seven days a week. Should any verified complaint of a nuisance occur as a result of delivery hours and/or operations, the City may add or modify a project condition to change the delivery hours and/or operation to mitigate the nuisance. 128. Truck Deliveries – Delivery vehicle engines shall be turned off during loading/unloading activities. Signage expressing this condition of approval shall be posted at commercial and residential loading areas. 129. Work/Live Units – The Community Development Director shall determine the appropriateness of all uses within the designated work/live unit. Other business operations requiring interpretation as a permissible use shall be considered by the Community Development Director through an appropriate permit process. The designated work/live units as shown on the Project Plan Set dated May 26, 2023 shall comply with the following:
a. The work portion of the tenant space shall be limited to the designated work area within the unit and exclusively operated by the occupant of the living area portion of the unit. No additional employees are permitted.
b. The commercial uses shall be restricted to business and professional offices with individual client programs, including, but not limited to, attorneys, insurance agents, accountants, design professionals, and similar uses with low volume customer traffic.
c. The following commercial uses are not permitted:
i. Any business involving medical, dental, physical therapy, or surgical use that requires additional parking other than allowed under this special use permit; or
ii. Any use that causes noise and/or vibration not typical of the ambient levels in the residential area.
d. Exterior signage shall be limited to one on– building non– illuminated sign that shall be centered horizontally and vertically above the tenant space entrance.
e. The work/live units shall not be combined or otherwise modified to increase the unit size.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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AFFORDABLE HOUSING
130. Affordable Housing Covenant – Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing Covenant shall incorporate the following conditions and is subject to approval by the City Attorney and Community Development Director. a. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.
b. The Affordable Housing Covenant shall require 33 units as affordable units. 30 units will be preserved at the very-low-income level of 50% of the Ventura County average median income and three units will be preserved at the moderate income level of 120% of the Ventura County average median income.
c. Applicant agrees to execute an Affordable Housing Covenant with City that provides for the on-going affordability of these 33 restricted units for 55 years from the date the units initially become available for lease.
d. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.
e. Affordable units should be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the marketrate units. f. Affordable units shall proportional, in number of bedrooms and gross floor area of habitable space to the market rate units. g. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City. h. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

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

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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COMMUNITY DEVELOPMENT DEPARTMENTCONDITIONS FOR 2022-70780-PTP 131. Land and Application – The Protected Tree Permit is granted for the land described in the application and any attachments thereto and as indicated on the Tree Location Map and part of the Protected Tree Report, dated May 4, 2023 prepared by Trees, etc.
132. Scope of Permit Approval – The Protected Tree Permit is granted to allow the following:
• Removal of 17 Coast Live Oak (Quercus agrifolia) trees (Tree Nos. 1– 6, 15, 16, and 18– 26); and
• Encroachment into the protected zones of eight Coast Live Oak (Quercus agrifolia) trees (Tree Nos. 7,8,10,13,14,17,27 and 28) 133. Preservation of Existing Oak and Landmark Trees – The preservation of three coast live oak trees, identified as trees numbered 9, 11, and 12 in the Protected Tree Report, is authorized under this permit. Appropriate work methods and monitoring are required as described in the Protected Tree Report dated May 2023, prepared by Trees, Etc.
134. Oak Tree Replacement – The applicant shall provide two 24– inch box and one 36– inch oak replacement tree for each Coast Live Oak (Quercus agrifolia) tree removed. In addition, if any of the eight trees which are to be encroached upon die within five years of the encroachment, they shall be replaced at the above ratio. A total of 51 mitigation trees are required for the project as proposed:

A. 34 twenty– four (24”) inch box specimens, and
B. 17 thirty– six (36”) inch box specimens.
20 Coast Live Oak (Quercus agrifolia) and 20 Valley Oak (Quercus lobata) trees are to be provided onsite per the conceptual landscape plan dated May 2023. Depending on nursery availability and project site size limitations, if different sized trees are proposed for installation, an alternate proposal (considering size, quantity, tree type and site) shall be reviewed and approved by the City of Thousand Oaks Community Development Director during plan check.

Prior to the Certificate of Occupancy being issued, if all of the replacement trees cannot fit on the developed project site, the applicant shall instead either plant the replacement oak trees on public property such as designated open space area, public parks, etc., subject to Community Item No. 10B

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Development Director approval; or provide an in-lieu cash payment to the City’s Open Space Conservation Fund equal to the total current cost of similar tree species acquisition, transport, planting and a 5– year tree maintenance fee for all required 34 24– inch– box size trees and 17 36– inch– box size trees and subtract the verified costs of the protected trees which were planted on the property. The Community Development Direct may require fewer trees to be planted off– site or a smaller in– lieu fee if the developer plants and maintains larger box– size sycamore or oak trees on the project site than required by the City of Thousand Oaks Oak Tree Preservation regulation.

The Community Development Direct shall coordinate any off– site tree planting locations with the Conejo Open Space Conservation Agency (COSCA) and replacement trees shall be placed on COSCA property or as agreed to by the Director of the Community Development Department. Any in– lieu fee approved by the Community Development Director in association with COSCA shall be made prior to the Certificate of Occupancy being issued for the final building.
135. Mitigation Oak and Landmark Tree Location Map – Prior to issuance of a grading permit, the applicant shall submit a mitigation tree location map demonstrating the location of the replacement trees.
136. Oak Tree Preservation and Protection Guidelines Compliance – All construction activities to or near an oak tree shall conform and abide by the City of Thousand Oaks, Oak Tree Preservation and Protection requirements as specified in Article 42, Chapter 4 of Title 9 of the Thousand Oaks Municipal Code and Resolution No. 2010– 014.
137. Removal of Tree Debris – Pursuant to Resolution No. 2010-014, all portions of the 17 Coast Live (Quercus agrifolia) Oak trees approved for removal, as well as any deadwood from the on-site protected trees shall be removed from the site and disposed of legally. Additionally, the stumps shall be completely removed to a minimum of four inches below grade and the hole filled with soil.
138. Pre– Construction Meeting – Pursuant to Resolution No. 2010-014, a preconstruction meeting shall be held between all contractors (including grading, tree removal/pruning, builders) and the ISA-Certified Arborist. The ISA-Certified Arborist shall instruct the contractors on tree protection practices and answer any questions. All equipment operators and spotters, assistants, or those directing operators from the ground shall provide written Item No. 10B

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acknowledgment of having received tree protection training. This training shall include information on the location and marking of protected trees, the necessity of preventing damage, and the discussion of work practices that will accomplish such.
139. On-Site Work Monitoring – Pursuant to Resolution No. 2010-014, all work described in this permit shall be monitored by the applicant’s Tree Consultant and it shall be the responsibility of the applicant to contact the consultant and arrange for the successful completion of these conditions.

The applicant is required to provide written notice to the following parties at least 48 hours prior to beginning any work within the protected zone of any preserved tree: the City’s Community Development Department, the City’s Oak Tree Consultant, the Applicant’s Oak Tree Preservation Consultant. 140. Root Protection – Pursuant to Resolution No. 2010-014, where structural footings are required and roots will be impacted, the footing(s) shall be bridged, and the roots protected. All such roots shall be covered with a layer of plastic cloth and two to four inches of Styrofoam matting, or other protective measure as approved by permit, prior to pouring the footing.

In addition, pursuant to the Oak Tree Report dated May 2023:

A. Any excavation below the “approved” CAL- OSHA/OSHA depth may be done with acceptable machinery. If any roots are encountered, especially those of one inch diameter and larger, it is recommended that all footings within the protected zones be of “post type” rather than of “continuous type” to lessen potential root damage.

B. If saved roots must stay exposed for longer than one day, or if the day is hot, then the roots shall be wrapped in burlap or similar to be kept moist.
141. Root Preservation – During excavation if an oak and/or landmark tree root over two inches (2") in diameter is encountered, the applicant shall immediately contact Planning Division of the Community Development Department to schedule a field inspection to determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees. 142. Protective Fencing, Flagging and Signage for Onsite Oak Trees – Pursuant to Resolution No. 2010-014, an International Society of Arboriculture (ISA) Certified Arborist shall be retained to oversee that all remaining trees that will not be relocated or removed shall be preserved and protected in place. Prior to any grading or construction activities, the Item No. 10B

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applicant and the applicant’s Tree Consultant shall confirm with the Community Development Department that required signage and protective chain–link fencing (or other material satisfactory to City of Thousand Oaks planning staff) measuring a minimum of five feet (5’) in height shall be placed at the protected zones (approximately 15 feet from the trunk or 5 feet outside the dripline, whichever is greater, of each tree or edge of canopy for cluster of trees) or construction limits for all on– site and off– site protected trees in accordance with the Oak and Landmark Tree Preservation and Protection requirements.

Additionally, signs must be installed on the fence in four locations (equidistant) around each tree. The size of each sign must be a minimum of two (2') feet by two (2') feet square and must contain the language contained in the Protected Tree Report dated May 2023.
143. Mitigation Tree Maintenance – An irrigation system designed for “dryscape” planting shall be installed for successful oak establishment, which generally involves a drip-system irrigation for managing water distribution near the oak trees and does not include watering during summer months when natural 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.

In the event a mitigation trees dies or is otherwise removed, each dead or removed tree shall be replaced with 2-24" box and 1-36" box oak trees of the same Genus and species.
144. Oak and Landmark Tree Maintenance – The continued maintenance of all on-site oak and landmark trees is the responsibility of the property owner.

All oak trees shall be maintained in accordance with the Oak Tree Preservation and Protection Guidelines Resolution 2010-14. 145. Use of Hand Tools – Unless otherwise authorized by the Community Development Director, all work, other than the tree removals, within the protected zones of oak and landmark trees shall be performed with hand tools only and performed under direct supervision of the applicant’s oak tree consultant.
146. Excavation in Protected Zones – All excavation and construction activity within the protected zone of the existing oak and landmark trees shall be performed with the use of hand tools only, in accordance with the Oak Tree Item No. 10B

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Preservation and Protection Guidelines Resolution, No. 2010– 14, and observed in progress by the applicant’s oak tree consultant. 147. Storage of Materials – No storage of materials is permitted within the protected zones of any oak and landmark trees.
148. Irrigation/Landscaping Encroachments – All plans for landscaping beneath a protected tree shall be submitted for the review and approval of the Community Development Department.
149. Drainage – Positive drainage shall be provided to direct run-off away from any protected tree.
150. Lighting Encroachments – No lighting system shall be installed within the protected zone of any oak tree or landmark tree except as otherwise authorized by the Community Development Department.
151. Herbicides – No herbicides shall be used within one hundred feet (100') of the dripline of any oak and landmark tree.
152. Billing by City Oak and Landmark Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak and landmark tree consultant in conjunction with the Oak Tree Permit. 153. Written Certification – The applicant’s oak/landmark tree consultant shall certify in writing that all conditions of the Oak Tree Permit have been met and that protective measures, to ensure the preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak and Landmark Tree Consultant, paid for by the applicant, shall be performed upon receipt of certification and prior to final inspection for building occupancy.

BUILDING SAFETY DIVISION
154. Bicycle Parking – In accordance with the 2022 California Green Building Standards Code, Section 5.106.4, the number of short-term bicycle parking facilities shall be equivalent to 5% of proposed vehicle parking. The number of long-term bicycle parking facilities shall be equivalent to an additional 5% of proposed vehicle parking. The configuration and location of all bicycle parking facilities shall be as review and approved by the City Planning Division. The bicycle parking shall be designed to provide two (2) points of contact on the bicycle, be supported upright, and cause no stress onto tires.

Item No. 10B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR
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All provided bicycle parking shall be able to accommodate a standard Ulock.

A. Short-term bicycle parking spaces are to be provided on site near the front entrance. Bicycle parking should be located along the natural desire lines of travel from the bikeways to the facility entrance, in well-lit areas visible from the front entrance and public areas, in the nature of a bicycle corral or racks. Bicycle parking shall be located outside of pedestrian walkways, loading areas, landscape planters, etc. Where feasible, bicycle-parking areas should be covered.

B. Long-term bicycle parking spaces shall be convenient from the street and shall be provided in one or more of the following configurations:
i. Covered, lockable enclosures with permanently anchored racks for bicycles;
ii. Lockable bicycle rooms with permanently anchored racks; or iii. Lockable, permanently anchored bicycle lockers.

C. The applicant shall submit a bicycle parking plan to be reviewed and approved by the Chief Building Official, Traffic Engineering representative in the Engineering Services Division, and the Community Development Director (or his/her appointee). All bicycle parking shall comply with AASHTO, NACTO, or APBP standards, as permitted by the California Building Code.
155. Title 24 Compliance – All requirements of California Uniform Building Code, Title 24, California Code of Regulations, shall be met. A set of plans, at a scale not less than one inch equal to ten feet (1"=10') shall be submitted to the Community Development Department displaying all exterior physically disabled accessibility requirements, including point elevations and details. Prior to the issuance of building permits, the accessibility requirements for the exterior shall be approved by the Building Division for disabled access compliance.
156. Path of Travel – The path of travel from the accessible parking spaces to the building entrances shall meet the current standards of the California Uniform Building Code.
157. Interior Design Approval – The accessibility requirements for the interior of the proposed buildings will be reviewed when construction documents are submitted for plan check to the Building Division.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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PUBLIC WORKS DEPARTMENT

GENERAL
158. Plan Format – All plans submitted to the Public Works Department shall be on 24 inch by 36-inch sheet size, using city standard title block and asbuilt/record plans submitted as part of the closure and acceptance of the project shall be on 4 mil Mylar.
159. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018 in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at http://www.toaks.org/departments/public-works/engineering-traffic/roaddesign-and-construction-standards. 160. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewater which are affected by the subject project will be updated by the City to reflect the new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.
161. Base Topography Map – The grading plan for this project must be prepared utilizing topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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162. Mandatory Organics Recycling – The applicant/owner is hereby notified that California State law requires businesses, schools, hospitals, restaurants, government buildings and other commercial properties to begin separating and recycling their organic waste (food waste, yard waste, foodsoiled paper). Effective January 2017, businesses generating 4+ cubic yards per week of organic waste shall implement the above-stated separation requirements. Effective January 2019, businesses generating 4+ cubic yards per week of combined trash and organics waste shall implement the above-stated separation requirements.
163. Title Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to grading plancheck or the issuance of any Building or Grading Permits. 164. Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.
165. Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of construction and prior to the disturbance or destruction of any existing survey monument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor showing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER
166. Water Service Requirements – Prior to, or concurrent with, submittal of improvement plans to the City, the applicant shall submit a letter to the City from the California American Water Service Company indicating that the applicant has made the necessary financial and administrative arrangements with said Water Company to receive water service.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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167. 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 buildings are revised and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, folding and crimping this remaining portion of the service lateral and soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed and the area returned to a condition acceptable to the water purveyor. If existing service laterals are relocated, the lateral shall be abandoned at the main per the method described above. The applicant’s engineer shall process a change order and pay any applicable charges for said change order. 168. Fire Water Service – The applicant shall install a new separate fire water service line to the building, along with associated double detector check valve to protect the domestic water supply. Applicant is encouraged to contact the County of Ventura’s Environmental Health Division for details pertaining to the selection, installation and testing of the double detector check valve assembly.
169. 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 hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend from the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks. The hydrant and concrete pad must be located within a specific easement, right-of-way, or public service easement shown on the tract map or dedicated by separate instrument dedicated to or usable by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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170. Rancho Conejo Blvd. Irrigation Service – Applicant shall provide a separate irrigation service to provide water for the landscaped area adjacent to Rancho Conejo Boulevard. Location and size of the irrigation service to be approved by the City prior to installation.
171. Separate Irrigation Meter / Over 5,000 SF Landscaping– Pursuant to State Assembly Bill No. 1881 (AB 1881), if this project contains more than 5,000sf of irrigated landscape, a fully separate water meter for irrigation and landscaping is required. Said irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved independent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.
172. Separate Irrigation Meter / Between 1,000 and 5,000 SF Landscaping– Pursuant to Section 5-304 of the 2010 California Green Building Standards Code, if this project contains between 1,000sf and 5,000sf of irrigated landscape, a fully separate water meter, or a submeter, for irrigation and landscaping is required. Installation of a separate irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved independent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking. 173. Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Department that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). These laterals must be made of copper; all poly services must be abandoned at the main under Department inspection and the meter boxes removed.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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174. Revision to Wastewater Design and Construction Standards – for Cleanouts and Slopes of Mains: the end of all mains shall terminate in a manhole rather than a cleanout, regardless of the downstream length to the next manhole. The minimum slope for wastewater mains shall be 1 percent where the main has less than 10 residences connected to said main. In streets with grades of less than 1.5 percent, the engineer shall attempt to attain the maximum slope possible on wastewater mains in those streets.

For manholes: Standard Plates 17 through 20 are modified to provide that all joints between the barrel sections/riser shafts and/or cone sections shall be wrapped around the exterior circumference of the shafts with “Rub-RNeck” and joints sealed with “Ram-Neck” mastic joint sealer (both as manufactured by the Henry Company Sealants Division, 1277 Boyles Street, Houston, Texas 77020) or approved equal. Manholes shall be negative pressure tested as specified in ASTM Designation C 1244-93.

Steps shall not be installed in the manholes.

For manhole frame and covers: The Alhambra A-1254 frame and cover specified on Standard Plate 17 shall have a cover diameter of 26¼ inches, along with lettering conforming to Section 3.10 of the City’s “Wastewater Design and Construction Standards”. A note shall be shown on the title sheet of the wastewater plans indicating the last two revisions mentioned above for manhole construction.
175. Procedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid.

Item No. 10B
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777- DAGR
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