Agenda packet — Thousand Oaks City Council, July 18, 2023 (part 3 of 3)

approved by City and under the same entitlement conditions previously approved, subject to any changes proposed consistent with subsections 10.1 and 10.2 above. The Director may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within fifteen (15) days from receipt of the Director’s request that support a finding transferee has the requisite experience and the financial stability to develop the Project or respective portion thereof. The Community Development Director may withhold approval of such transfer only if the proposed transferee fails to provide requested document to the Director in the time set forth above, the Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Project, or the entity does not have sufficient net worth and financial fitness to carry out the Project, provided that the Community Development Director's approval shall not be unreasonably withheld. City shall notify Owner in writing of the Community Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee. Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Council within ten days of the Director’s determination.

18.3. Transfer to Lender. Nothing contained in this Section 18 shall prevent a transfer of the Property, or any portion thereof, to an institutional lender as a result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a building permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

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

Item No.9R
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18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection

18.4, mortgages, deeds of trust, sales and leasebacks or any other form of conveyance required for any reasonable method of financing are permitted without consent, but only for the purpose of securing loans of funds to be used for financing or refinancing the development and construction of improvements related to the Project and other necessary and related expenses. The holder of any mortgage, deed of trust or other security arrangement with respect to the Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses, and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

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

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

19.1. Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Owner 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.

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

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19.3. The Affordable Housing Covenant shall require Owner to maintain thirty (30) units as Very Low Income affordable units and three (3) units as Moderate Income affordable units. The units will be preserved at the Very Low-income level of fifty (50%) percent of the Ventura County median income and the Moderate Income affordable units at one-hundred, twenty (120%) percent of the Area Median Income, or the then current income range limit for Very Low Income Households and Moderate Income Households established for Ventura County under Section 6932 of Title 25 of the California Code of Regulations as in effect at the time the Owner submits its application for occupancy for the two housing categories, as such limits are adjusted by Actual Household Size. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit E and future amendments and revisions thereto.

19.4. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these thirty-three (33) restricted units for 55 years from the date the units initially become available for lease.

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

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

19.7. Affordable units must be dispersed throughout the mixed-use and residential use buildings of the development in a manner acceptable to the City.

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

19.9. The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a building permit for construction of any new building(s).

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

21. Severability. If any terms, provisions, conditions or covenants in this Agreement, or the application thereof to any Party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenants to persons or circumstances other than Item No.9R
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those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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

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

24. Rules of Construction and Miscellaneous Terms.

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

24.2. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element.

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

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

24.5. Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and extent of any such defaults.

The requesting Party may designate a reasonable form of certificate (including a lender’s form) and the Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within fifteen (15) days following the receipt thereof. The City Manager, or his or her designee, shall be authorized to execute any certificate requested by Developer hereunder. Developer Item No.9R
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and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, lenders, partners, bond counsel, underwriters, and other mortgagees. The request shall clearly indicate that failure of the receiving Party to respond within the fifteen (15) day period will lead to a second and final request and failure to respond to the second and final request within five (5) days of receipt thereof shall be deemed approval of the estoppel certificate. Failure of City or Developer to execute an estoppel certificate shall not be deemed a default.

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

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

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

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

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

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

Nothing herein shall waive or limit the provisions of Section 18, and no successor owner of the Property, any portion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing pursuant to Section 18. In any event, no owner or tenant of an individual completed residential unit within Project shall have any rights under this Agreement.

Item No.9R
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27. Attorneys’ Fees. In the event of any action between the City and Owner for enforcement or interpretation of any of the terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorneys’ fees actually and reasonably incurred, as awarded by a court of competent jurisdiction. This Section shall survive the termination of this Agreement.

28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement, not counting the Cover Page or signature page, consists of 32 pages and 5 Exhibits.

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

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

30. Prevailing Wages. Without limiting the foregoing, Owner acknowledges the requirements of California Labor Code §1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects, as defined. If on-site or offsite improvements pursuant to this Agreement are being performed by Developer as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation under the contract in question is $1,000 or Item No.9R
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more, Developer agrees to fully comply with such Prevailing Wage Laws. Developer understands and agrees that it is Developer’s obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Developer’s request, the City shall provide a copy of the then current prevailing rates of per diem wages.

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

31. Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including:
war; insurrection; strikes; walkouts; riots; floods; earthquakes; fires; casualties; pandemics; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs such as the annual review).

32. Dispute Resolution

32.1. Dispute Resolution Proceedings. The Parties may agree to dispute resolution proceedings in an effort to resolve disputes or questions of interpretation under this Agreement in a fair expeditious manner. These dispute resolution proceedings may include: (a) procedures developed by the City for expeditious interpretation of questions arising under development agreements; (b) arbitration as provided below; or (c) any other manner of dispute resolution which is mutually agreed upon by the parties.

32.2. Arbitration. Any dispute between the Parties that the Parties agree to resolve by arbitration shall be settled and decided by arbitration conducted by an arbitrator who must be a former judge of the Ventura County Superior Court or Appellate Justice of the Second District Court of Appeals or the California Supreme Court. This arbitrator shall be selected by mutual agreement of the Parties. If the parties are unable to promptly agree upon an arbitrator, each will provide a list of three available judges to the other and the other party may strike one. If only one judge remains from this process (because some of the judges on the two lists are identical), then that judge shall serve as the arbitrator. If two or more judges remain from this process, then the parties shall endeavor in good faith to select one of them as the arbitrator. In the event that the parties cannot select an arbitrator, the matter shall be submitted to JAMS for selection of a JAMS panel arbitrator.

Item No.9R
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32.3. Arbitration Procedures. Upon appointment of the arbitrator, the matter shall be set for arbitration at a time not less than thirty (30) nor more than ninety (90) days from the effective date of the appointment of the arbitrator. The arbitration shall be conducted under the procedures set forth in California Code of Civil Procedure Sections 638 et seq., or under such other procedures as are agreeable to both Parties, except that provisions of the California Code of Civil Procedure pertaining to discovery and the provisions of the California Evidence Code shall be applicable to such proceeding.

33. Extension of Term. The Term of this Agreement, as set forth in Section 3, above, shall automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed prior to the expiration of the Term are delayed beyond the scheduled expiration of the Term as the result of such dispute resolution.

34. Recordation.

34.1. This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. Failure to timely record the Agreement shall not constitute a default or invalidate the Agreement.

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IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “CITY”

CITY OF THOUSAND OAKS,
a municipal corporation
By: ________________________________
Kevin McNamee, Mayor
ATTEST:
_____________________
Laura B. McGuire, City Clerk
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION
______________________ ________________________________ Patrick J. Hehir, Andrew P. Powers, City Manager
Chief Assistant City Attorney
“OWNER”

By: _______________________________

Name: _____________________ __________
Title: _______________________________
Acknowledgements on following pages.

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

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature (Seal)
Item No.9R
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STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature (Seal)
Item No.9R
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EXHIBIT “A”
Legal Description of Property

THE LEGAL DESCRIPTION AND EXCEPTIONS TO THE TITLE SHOWN HEREON ARE BASED ON THAT CERTAIN PRELIMINARY TITLE REPORT PREPARED BY CHICAGO TITLE COMPANY, 00029885-994-LT2, HAVING AN EFFECTIVE DATE DECEMBER 7, 2021 AT 7:30AM; TITLE OFFICER TED TAN AND JENNIFER WRIGHT (LA/COMM). SAID REPORT IS PRESUMED TO BE COMPLETE AND ACCURATE. STANTEC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SAID REPORT. THE LEGAL DESCRIPTION DESCRIBES THE

SAME PROPERTY AS INSURED IN SUCH TITLE INSURANCE COMMITMENT AND ALL PROPERTY SPECIFIC EXCEPTIONS HAVE BEEN NOTED HEREIN.

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA. THE LEGAL DESCRIPTION THAT FOLLOWS REFERS TO SAID TITLE REPORT WITH THE “AS-SURVEYED" BEARINGS AND DISTANCES IN PARENTHESES REPRESENTING THE MAP HEREON:

THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 20 WEST, J.

EDWARDS TRACT NO. 1, RANCHO EL CONEJO, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA.

ACCORDING TO THE MAP RECORDED IN BOOK 1, PAGE 746 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

IST: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO CHRISTIAN J. BRANDT, RECORDED IN BOOK 26, PAGE 634 OF DEEDS AT THE INTERSECTION OF THE SOUTHERLY LINE OF W. HILLCREST DRIVE 84 FEET WIDE; THENCE,
2ND: SOUTHERLY (N 0°35'56" E 678.41') AL0N6 THE WESTERLY LINE OF CHRISTIAN J. BRANDT PROPERTY TO THE SOUTHWEST CORNER OF PARCEL 2 "D" IN THAT CERTAIN LIS PENDENS FILED AS CASE #49765 AND RECORDED JULY 7, 1966 IN BOOK 3012 PAGE 370 OF OFFICIAL RECORDS; THENCE 3RD: NORTH 86°06’00" WEST 305.25 FEET (N 85°55’44" W 305.25') TO AN ANGLE POINT; THENCE, 4TH: NORTH 14°15’26" WEST 47.62 FEET (N 14°05'10" W 47.62') TO AN ANGLE POINT; THENCE, 5TH: NORTH 87°55'36" WEST 42.90 FEET (N 87°41'41" W 42.90') TO AN ANGLE POINT; THENCE, 6TH: SOUTH 7°12'36" WEST 38.29 FEET (S 7°26'21" W 38.29') TO AN ANGLE POINT; THENCE. 7TH: N0RTH 43°33’50" WEST 453.25 FEET (N 43°04’34" W 453.02’) TO A POINT; THENCE, 8TH: NORTH 79°39’26" WEST 4.10 FEET (S 79°28'43" E 4.02') TO A POINT ON THE EAST LINE OF RANCHO CONEJO BOULEVARD 84 FEET WIDE; THENCE,
9TH: NORTHERLY (N 10°32'09" E 174.32') ALONG THE EASTERLY LINE OF RANCHO CONEJ0 BOULEVARD

TO THE SOUTHWEST CORNER OF PROPERTY CONVEYED TO HUMBLE OIL AND REFINING COMPANY, A Item No.9R
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DELAWARE CORPORATION, RECORDED OCTOBER 31, 1968 IN BOOK 3392 PAGE 87 OF 0FFICAL RECORDS;

THENCE,
10TH: SOUTH 89°35'00" EAST 167.11 FEET (N 89°08'40" W 167.12') TO THE SOUTHEAST CORNER OF HUMBLE OIL PROPERTY; THENCE,
11TH: NORTH 0°25’00" WEST 150 FEET (S 0°51'20" W 149.99') TO THE NORTHEAST CORNER OF HUMBLE OIL PROPERTY SAID POINT ALS0 BEING ON THE SOUTHERLY LINE OF W. HILLCREST DRIVEE 84 FEET WIDE; THENCE.
12TH: EASTERLY (S 89°08'40” E 368.46') ALONG THE SOUTHERLY LINE OF W. HILLCREST DRIVE (TO A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1791.90 FEET AND AN INTERNAL ANGLE OF 3°40’32" A DISTANCE OF 114.95 FEET) TO THE POINT OF BEGINNING.

EXCEPT AN UNDIVIDED ONE—HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER

AND UPON SAID PROPERTY, WITHOUT THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OF

THE LAND THEREFOR, AND WITHOUT THE RIGHT TO ENTER OR ENCROACH UPON ANY PORTION OF SAID LAND WITHIN 500 FEET OF THE SURFACE AS RESERVED IN DEED FROM ADOLPH I. FRIEDRICH, JR., ET AL., RECORDED IN BOOK 1586 PAGE 229 OF OFFICIAL RECORDS.

ALSO EXCEPT ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND UPON SAID LAND,

WITHOUT THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OF SAID LAND, THEREFOR, AND WITHOUT THE RIGHT TO ENTER OR ENCROACH UPON ANY PORTION OF SAID LAND LYING WITHIN 500

FEET OF THE SURFACE AS RESERVED IN THE DEED FROM CONEJO VALLEY CORPORATION, A CALIFORNIA CORPORATION, RECORDED JULY 25, 1962 IN BOOK 2182, PAGE 350; AND RE-RECORDED DECEMBER 12, 1962 IN BOOK 2243 PAGE 362 BOTH OF OFFICIAL RECORDS.

EXCEPT THERE FROM, ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 25 FEET BELOW THE PRESENT SURFACE

OF SAID PROPERTY, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID PROPERTY OR ANY PORTION THEREOF ABOVE THE PLANE PARALLEL TO 25 FEET BELOW THE PRESENT SURFACE OF SAID

PROPERTY FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY THE CITY OF THOUSAND OAKS, A CALIFORNIA MUNICIPAL CORPORATION BY DEED RECORDED MARCH 4, 1993 AS INSTRUMENT NO. 93- 038641 OF OFFICIAL RECORDS.

APN: 667-0-113-075

Item No.9R
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EXHIBIT “B”
Site Plan
Item No.9R
EXHIBIT “C”
Project Plan Set dated May 26, 2023
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EXHIBIT “D”
Conditions of Approval
CONDITIONS OF APPROVAL FOR 2021-70169-LU, 2022-70776-Z, 2022-70778-SP, 2022-70773-DP, 2022-70780-PTP and 2022-70777-DAGR

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 Plan24 (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 multifamily 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 semi-subterranean 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.

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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.

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 Item No.9R
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substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, 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.

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 Item No.9R
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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.

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 Item No.9R
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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.

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 Item No.9R
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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.

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 plancheck 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 SP24 and 2022-70777-DAGR shall apply to this approval.

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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.

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.

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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.

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 Item No.9R
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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.

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.

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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. 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.

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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.

45. Parking/Materials Storage During Construction – All construction equipment, materials, and related contractor vehicles shall be located on-site 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.

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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.

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ii. Elevation “B” South along the residential units on the portion of the building projecting forward.
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
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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 three-inch 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 first-floor 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 public streets may be Item No.9R
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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.9R
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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.

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.

Item No.9R
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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 abovegrade, 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 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.

Item No.9R
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72. Parking Stall Dimensions – The dimensions and design of all standard (noncompact 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 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 moving-related vehicles/vans for all residential, commercial tenants and live/work units.

Item No.9R
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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 path-of-travel areas.

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 Item No.9R
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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 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).

Item No.9R
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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 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).

Item No.9R
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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.

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 Item No.9R
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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.

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 overintensification 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.

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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. 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.9R
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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. e. Seating for adults that are accompanying younger children must be provided.

Item No.9R
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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.

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.

Item No.9R
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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.
126. Commercial Operations – Commercial-only use areas must include direct service to customers on site and may not include those businesses which only serve offsite 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 Item No.9R
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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.

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.

Item No.9R
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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 must be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the market-rate units.
f. Affordable units shall proportional, in number of bedrooms and gross floor area of habitable space to the market rate units.
g. Affordable units must be dispersed throughout the mixed-use and residential 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.

COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONS 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)
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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 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.

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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 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.

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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 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 onsite 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.

Item No.9R
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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 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 Item No.9R
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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. All provided bicycle parking shall be able to accommodate a standard U-lock.

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.

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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 as-built/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/road-designand-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.
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, food-soiled paper). Effective Item No.9R
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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 plan-check 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 WATEWATER
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.
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 Item No.9R
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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, rightof-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.
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 Item No.9R
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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.
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-R-Neck” 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 Item No.9R
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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. 176. Wastewater Service – There is an existing 8-inch wastewater lateral serving the subject property. The applicant shall pay applicable wastewater connection charges to the City of Thousand Oaks prior to or concurrent with issuance of a building permit. The applicant is strongly encouraged to contact the Public Works Department to calculate the total required fees.
177. Restaurant/Cafeteria Grease Interceptor/Trap – The applicant shall install a grease interceptor (sized as required by the City's Building and Safety Division) to collect and treat oil and grease wastes from any restaurant use prior to discharge to the wastewater system.

DEVELOPMENT ENGINEERING
178. Encroachment Permit – Where any construction occurs within public right-ofway, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/security posted (if required) prior to initiating construction of any improvements.
179. Public Improvement Bond, Dedication, Guarantee – Developer shall furnish to the City, a sufficient bond to guarantee the faithful performance and payment of labor and materials for all public improvements required to be constructed under this entitlement. The public improvements shall be offered to the City for public use and accepted by the City Engineer upon satisfactory completion.

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Said improvements shall be guaranteed by the Developer after acceptance by the City Engineer for a period of one year, during which time said improvements shall continue to have security in place with the City of at least ten percent of the original posted bond during the guarantee period. At the conclusion of the one-year guarantee, City shall re-inspect said public improvements and Developer shall without delay, repair, replace or reconstruct any defective work or materials to the satisfaction of the City Engineer and at no cost to the City.

At any time during the actual construction or during the guarantee period, the Developer fails or refuses to complete said work, surety agrees to take over and complete the work and the improvements which were guaranteed. If the guarantee posted is any other form than a paper bond from a surety company, City may make demand on such guarantee and complete said work to the satisfaction of the City Engineer and at no cost to the City.
180. Annexation to Lighting and Landscape District – In order to mitigate the impacts of this project and to have this project pay its fair share of maintenance costs for existing and future street lighting and landscape improvements that provide a benefit to the property, the applicant is hereby notified, consents to and agrees that the real property subject to this entitlement will be annexed into the City’s Lighting and Landscape Assessment District No. 79-2 at the next annual renewal of the District (typically June of each year). Said annexation will occur only if the City has given final approval to this entitlement. Prior to recording the final map or the issuance of any subsequent City permit needed for this project, whichever event occurs first, the applicant shall sign an annexation pre-submittal form, as provided by the City, agreeing to the unconditional annexation of the real property to said District. Applicant shall also post with the City a cash deposit or other security, as approved by the City, that could equal up to 2 years of maintenance costs for the property, based on City’s estimate of all expenses associated with the improvements for the period City deems appropriate, in order to guarantee funding for maintenance by City of lighting and landscape improvements that provide a benefit to the property. Said deposit or security shall remain in a separate City fund until such time as the property is annexed into said District. Until said annexation is complete, City shall draw on a yearly basis those amounts necessary for maintenance of said improvements. The balance of funds remaining at the time of annexation, not including any accrued interest, shall be refunded to the applicant. If annexation is not accomplished, said funds shall be used at City’s discretion to pay for maintenance of said improvements. Upon receipt of ballot(s) transmitted by the City in accordance with annexation proceedings, the applicant shall not oppose the assessment or the assessment formula for the subject property (as calculated in accordance with Article XIIID of the California Constitution), said ballot(s) shall be signed and returned to the City prior to the scheduled public hearing, per the instructions outlined on the ballot(s).

An annual assessment may be placed on the tax rolls by the City. The applicant, Item No.9R
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and/or applicant’s successor in interest, heirs or assigns shall be responsible to pay all applicable charges for annexation of said property to said District. 181. No Known Easement Conflicts – The Department has reviewed available map records and has determined there are no known conflicts with existing easements.

The applicant is encouraged to confirm these findings by reviewing the subject property’s title report prior to starting the proposed construction. 182. Underground Conduits – Pursuant to the City Council policy and Resolution No. 91-174, adopted on July 23, 1991, the applicant shall install a minimum two-inch diameter conduit capable of carrying coaxial or fiber optic cable suitable for carrying health and safety features such as fire alarm, water meter reading, telecommunications, etc. Said conduit shall be continuous and placed behind the sidewalk or curb within a public service easement or within a public right-of-way, where applicable. Pull boxes shall be placed at alternate property lines of all lots.

The conduit and pull boxes shall be of materials approved by the Public Works Department. The conduits and pull boxes shall be dedicated to the City. The architecture and technical specifications of the conduit system shall be subject to the review and approval of the City Engineer. A 1"=100' scale plan shall be prepared under the direction of a Registered Engineer and shall be submitted to the City Engineer for review prior to approval of the final map or improvement plans. The plan shall include details and general notes, and shall be part of the plan set.
183. Noise Abatement Prior to Commencement of Working Hours – On grading and construction projects where residential units are located within 100 feet of the boundaries of the proposed work, the contractor may not start up any vehicles or any gas- or diesel-powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.
184. Hauling of Imported or Exported Materials – In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.

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185. Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plan-check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan-check and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punch-list items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.
186. On-site Run-off – On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing storm drain system to the maximum extent practicable, as approved by the City Engineer (M.C. 7-3.09 and 7-3.21). 187. On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on-site storm flows. The project lies within subarea 648B of said Master Plan, with Q10 = 2.32 cfs/acre and Q100 = 3.72 cfs/acre. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q10 (developed) discharge flows and for the detention calculations up through Q100.
188. On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.
189. Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development.

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The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.
190. On-site Ribbon Gutters – The City prohibits the use of ribbon gutters and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (MC 9-4.2405).
191. Parking Structure Drainage – The City prohibits the discharge of pressurewashing effluent, antifreeze and motor oils into either the wastewater system or storm drain system. Inasmuch as these are the anticipated discharges from the interior of the parking structure, the applicant shall incorporate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conformance with all local, state and federal regulations. The roof and other surfaces of the parking structure directly exposed to rainfall may be drained and discharged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot. 192. Building Pad Protection – The project engineer must provide analysis to demonstrate building pad protection from Q100 flows. On-site discharges (including roofs, etc.) shall be detained behind a wall, graded barriers or curb, and metered through a weir or other controlling device, constraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).
193. Detention of Onsite Storm Flows - The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.
194. Driveway Construction – The proposed driveway shall be constructed per Plate No. 6-1 and 6-5 of the Road Standards. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) prior to initiating construction of said driveway improvements.

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195. Street Improvements – The applicant shall remove and replace any damaged sidewalk, curb and gutter on Thousand Oaks Boulevard adjacent to the property perimeter. Onsite sidewalk and driveway design shall transition to existing sidewalk configuration along the property frontage, as approved by the City. 196. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).
197. Alternate Paving Materials – To the extent practicable, the applicant shall incorporate porous paving, interlocking pavers, or other recognized means to encourage the capture, conveyance, and vegetative-contact based treatment of runoff from the proposed parking areas to the satisfaction of the City Engineer. 198. Geotechnical Investigation – It is vital that the geotechnical engineer for this project has thoroughly reviewed the proposed Best Management Practices (BMP’s) and concurs with their design. Special attention should be given to the property’s grading history, presence and location of groundwater, and ability to sustain soil saturation that may result from the proposed infiltration BMP’s. As part of the grading plan-check review, the applicant shall provide the Department with the geotechnical report responding to the subject concerns and findings with regard to probable soil saturation and infiltration BMPs’ feasibility.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
199. NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater Program “Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No. CAS004002 (M.C. 7-8.302). 200. MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly connected impervious areas affected by the project. The design shall function for all first-flush rainfall events as prescribed in the TGM, Item No.9R
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including drawdown and elimination of the captured runoff within 72-hours of the rainfall event. Drawdown may typically be achieved via groundwater recharge/percolation or vegetative irrigation/ evapotranspiration. Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org.
201. BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:
 Treat the storm flow equivalent to ten percent (10%) of the 50-year peak flow; or
 Treat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”
202. Permanent Stormwater Facilities – Parking and associated drive areas, material storage and handling areas, delivery areas, loading docks and outdoor work areas shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil/water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to mitigate pollutants, to the maximum extent practicable, from discharging to the storm drain system. The design must be submitted to the Public Works Department for review and approval prior to the issuance of a paving permit.
203. SQUIMP Parking Lot Design Provisions – To minimize the offsite transport of pollutants from parking surfaces (such as heavy metals, oils, grease, and hydrocarbons), the following design criteria are required:
 Reduce impervious land coverage of parking areas
 Infiltrate runoff before it reaches the storm drain
 Treat runoff before it reaches the storm drain system The maintenance of all associated source control (prevention) and treatment control best management practices shall be assured.
204. Site Erosion / Pollutant Runoff Control – The applicant shall design and install all required erosion control measures to prevent the migration of soil, pollution or debris onto the public right-of-way or storm drains during the construction and Item No.9R
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grading operations. Said erosion control plans shall be in accordance with the California Stormwater Quality Association, Stormwater Best Management Practice Handbook for Construction (latest edition), and submitted to the Department for review and approval prior to issuance of any paving, grading or encroachment permits. All erosion control measures shall be subject to modification by the Department, as field conditions warrant.
205. Inlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.
206. Trash/Recycling Areas – The applicant proposes chutes and trash receptacles for on-site trash and recyclable collection. Bins within trash enclosure spaces shall be afforded a 9’0” interior soffit clearance and means to keep bins separated and easily accessed for trash deposits and disposal. Trash and/or recycling areas shall be covered and shall be designed in accordance with the City’s latest Refuse Enclosure Space Requirements. Receptacles for trash, recyclables, and organics recycling shall be available within each enclosure. All litter/waste material shall be kept in leak proof containers. Area(s) shall be paved with impermeable material and include zero-slope upon interior slabs. No other area shall drain onto these areas. The trash enclosure and/or recycling area(s) shall not drain to the storm drain system nor the sanitary sewer, shall not have a hose-bib or other water supply, and all cleaning shall be performed using dry cleanup methods. The trash enclosures and their placement shall be designed to accommodate the above considerations, as well as access requirements of the City’s waste hauler.

Compactor units that are self-contained and watertight may remain exposed to rainfall provided the surrounding area is frequently inspected and cleaned. 207. Landscaped Areas / Roof Drains – Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution.

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

Applicant may employ pervious landscaping design, rainfall capture pocketplanters, and other L.I.D. techniques and measures to the maximum extent practicable.
208. Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009-DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI Item No.9R
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submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response
209. Maintenance – All areas of the property shall be maintained free of litter and debris. Parking and other paved areas shall be dry-swept routinely. All storm drains and related facilities shall be cleaned before each rainy season and as needed to ensure proper functioning. All landscaping shall be maintained with efficient irrigation to reduce run-off, promote filtration, and reduce the use of fertilizers and pesticides.
210. Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilities for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required for implementation of Best Management Practices. Contained within the Covenant and Deed Restriction must be a description of the BMP’s that are being provided as part of the project, a description of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits (MC 7-8.401(c)).

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SUSTAINABILITY
211. Trash Hauler Approval – Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables access for collection vehicle pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Center at 2251 East Thousand Oaks Boulevard.
212. Construction/Demolition Debris Recycling Plan – Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Sustainability Department for review and approval.

The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited to, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and select an authorized hauling company to be used.

For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.
213. Solid Waste, Recycling and Organics Collection – Covered 3-bin enclosures are required for the collection of solid waste, recycling, and organics (food waste).

The design of the enclosure must be large enough to accommodate collection containers for source-separated solid waste, organic waste, and recyclable materials.

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Trash enclosures can be located inside parking garages, but the solid waste hauler must have access to parking garages or locked gates without restriction or prior notification. Waste service shall be located no further than 250 feet away from the structure for commercial spaces and 150 feet away from the furthest residential door.

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Waste, Recycling and Organics collection containers should be included in each building for use by the occupants to segregate their materials. Organics containers should be located in break rooms, kitchens, or other locations where food is commonly consumed.

Locations with preparation areas like Kitchens or Cafés should have organics collection containers included in the back of house and in the front of house if the occupants dispose of finished food and packaging materials. 214. Bulky Item Collection – Multi-family projects must provide a covered location for occupants to place bulky items for collection by the authorized hauler. Access door(s) and egress walkways shall be clearly shown that is adequate to accommodate King-size mattresses and sofas (84" length and 40" depth). 215. Operational Recycling Plan – Prior to occupancy, in accordance with the City’s Enclosure Space Regulations, each applicant and/or owner must submit a Recycling Plan pertaining to operational solid waste management after occupancy.

A completed Recycling Plan form must be submitted for review and approval by the Public Works Department. A Certificate of Occupancy cannot be issued by the Community Development Department until the form is completed and processed by the Public Works Department.
216. Potable Water and Landscape –
 Engineered slopes - reliance on vegetation to provide erosion control should be minimized. Plants that are used should provide effective erosion control with one day per week irrigation using potable water for extended periods (months or years).
 Turf - State law and City Ordinance prohibit non-functional turf in commercial developments. Please replace the turf with an alternate groundcover, such as California native grasses, UC Verde Buffalo Grass or non-invasive Kurapia. If the developer proposes turf as part of the project, please include an explanation of why it is "functional turf" and request a waiver from the Sustainability Division.

Low flow irrigation systems are required for new groundcover installations.

TRAFFIC
217. Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits.
218. Sight Distance – Adequate vehicular and pedestrian sight visibility shall be provided at all intersections of public streets and private driveways in accordance with the criteria specified within Plate 3-10. The improvement plans for all projects Item No.9R
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shall demonstrate compliance with this plate (and a means to execute on-going maintenance to guarantee preservation of sight visibility).

Stopping sight distance shall be the principal criteria in determining the appropriate location of on or off site improvements. It is especially critical that mature landscaping be considered in evaluating visibility, not just the barren ground.

Stopping sight distance less than the minimum criteria as specified within Plate 3- 10 shall be reviewed and approved by the Planning Commission, if determined necessary by the City Engineer or the Community Development Department.

Where applicable, CC&R's shall require continued compliance with this condition and the requirements contained within Plate 3-10.
219. Traffic Control Signs – Control signs for regulation, warning and guidance of traffic shall be installed as required by the Department of Public Works. These shall include stop signs, speed signs, turn prohibition and one-way signs, pedestrian and school crossing signs, curve and hill warnings, not a through street signs, parking signs, bicycle route signing, together with pavement striping, road symbols and street name signs as required.
220. Signs and Striping – Prior to occupancy, all signs and striping shall be installed, and prior to final acceptance, the city may require the applicant to add traffic safety devices, such as signing and striping, the need for which are not apparent at time of plan approval, but which are warranted due to actual field condition. The applicant shall install the traffic safety devices prior to final acceptance.

VENTURA COUNTY FIRE PROTECTION DISTRICT
221. Fire Department Clearance – Applicant shall obtain VCFD Form #610 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures.
222. Building Plan Review – Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. This review is concurrent with Building and Safety review. Plans (Architectural, Mechanical, Electrical, Plumbing, and dedicated fire service utility with design to finish above grade) shall be submitted directly to VCFD Fire Prevention.
223. Fire-Flow Verification – Applicant shall verify that the water purveyor can provide the required fire-flow requirements by having them fill out VCFD Form #625, FireFlow Verification. 224. Access Road Width, Private Roads/Driveways – Private roads shall comply with Public Road Standards.
 Access road width of 36 feet shall be provided for residential use with parallel parking permitted on both sides.

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 Access road width of 32 feet shall be provided for residential use with parallel parking permitted on one side.
 Access road width of 24 feet shall be required with no on-street parking permitted.
 Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 sq. ft. shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District. 225. Mitigation to Aerial Fire Apparatus Access Roads– The fire code official is authorized to reduce the required width to not less than 24 feet when all the following are provided.
 Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
 Fire sprinkler standpipes are provided on all floors and through to the roof.  Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure. 226. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level. 227. Construction Access – Prior to combustible construction, a paved all-weather access road / driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District.
228. Construction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

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229. Turning Radius – The access road shall be of sufficient width to allow for a 40- foot centerline turning radius at all turns in the road. 230. Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 231. Turnarounds – Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads / driveways exceed 150 feet.

Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road / driveway. Turnaround areas shall not be used for parking and shall be kept free of obstructions at all times.

Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards.
232. Parking Prohibited – The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited. 233. Access Point(s) on Roads – Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building.

Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.
234. Site Access – Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards. 235. Access Road Certification – That the access road(s)/driveway(s) shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and / or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy. 236. Fire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
237. Access Road Gates – Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway.

A minimum clear open width of 15 feet in each direction shall be provided for separate entry / exit gates and a minimum 20 for combined entry / exit gates. If Item No.9R
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gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 238. Walkways – Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 239. Walk and Pedestrian Gates – If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation.

A final acceptance inspection by the Fire District is required prior to placing any gate into service.
240. Address Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit.

Additional address directional signs may be required at common building entrances and stairways.
241. Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation. 242. Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc). 243. Knox Device – Exterior access doors leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access. 244. Door Swing – All exit doors shall swing in the direction of travel (outwards) when leaving the building.

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245. Panic Hardware – All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons. 246. Egress Aisle Clearance – All required egress aisles shall be maintained clear of obstructions at anytime.
247. Emergency Lighting and Exit Signs – All emergency lights and exit signs shall be maintained in an operable condition at all times.
248. Emergency Planning and Preparedness – The owner / applicant and all occupants of buildings shall comply with the Fire Department requirements for Evacuation Plans, Drills and training as indicated under The International Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec

3.09. All required records and documentation shall be available for review by the Fire Department upon request.
249. Fire Hydrant Plan – Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets.
250. Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
251. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
a. Each hydrant shall be a 6-inch wet barrel design and shall have (1) 4 inch and (2) 2 ½ inch outlet(s).
b. The required fire flow shall be achieved at no less than 20-psi residual pressure.
c. Fire hydrants shall be set back in from the curb face 24 inches on center. d. No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant.
f. A concrete pad shall be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

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252. Hydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed.
253. Water System Plans – Plans for water systems supplying fire hydrants and / or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances.

Plans shall be construction drawings in accordance with the Ventura County Fire Code and applicable NFPA Standards and shall terminate above grade. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.
254. Fire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
255. Fire Protection System Plans – Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements.
256. Fire Alarm System – A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 257. Fire Sprinkler System Maintenance – The building fire sprinkler system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with CCR Title 19, and VCFPD Ordinance. Service and maintenance records shall be maintained on-site and available for review by the Fire Department upon request. 258. Five-Year Fire Sprinkler Report – A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report shall be submitted to the Fire Department prior to expiration of the previous Five-Year certification. 259. Fire Alarm Certification – The building fire alarm system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with NFPA 72. Service Item No.9R
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records shall be maintained on-site and available for review by the Fire Department upon request.
260. Fire Extinguishers – Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.
261. Phasing Plan – Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction.
262. Fire Code Permits – Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operational permit in accordance with Section 105 of the California Fire Code.

POLICE DEPARTMENT
263. Door Security Hardware – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
264. Lighting – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the buildings, all pedestrian walkways and parking areas (ABOVE AND BELOW GROUND). Interior after hours lighting is also highly recommended. The use of metal halide fixtures or Light-Emitting Diode (LED) is preferred over high-pressure sodium fixtures, since metal halide and LEDs provide superior illumination and color rendition. Adequate lighting is to be provided in the natural drainage area on the north side of the property. The photometric will be provided to the police department for review and approval. 265. Landscaping – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the parking areas and Item No.9R
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building from adjacent streets. The standard CPTED (Crime Prevention through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area welllit during darkness hours. 266. Address Numbers – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly contrasting color to the background on which they are attached, and shall be illuminated from dusk to dawn by a permanent, dedicated light source.

Address numbers shall be mounted in a prominent, non-obstructed location on all sides of the building. All individual unit numbers shall be a minimum of 4” in height, and will display the address at the main entrances and in an area which will be clearly visible from the main roadways in the complex.
267. Utility Rooms And Enclosures – All exterior utility rooms and enclosures containing electrical and telephone equipment shall be kept locked at all times. 268. Trash Enclosures – Exterior trash enclosures shall be kept closed and locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
269. Video Surveillance System – Will be required for a 360-degree view around the facility. Additionally, video surveillance with the same below listed parameters will be required for all roof deck areas including that for the public and stairwell areas.

The video surveillance feed will be made immediately available to the Thousand Oaks Police Department upon request in the event of a major emergency or incident. A phone number to the Security Company or video surveillance provider will be provided to the Thousand Oaks Police Department upon completion of the project. The surveillance system will be HD quality, have night vision capabilities and be able to retain video data for no less than 30 days. 270. Stairwells – Stairwells leading to additional floors in the enclosed public and nonpublic areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Additionally, any stairwell or doors leading from the public area to any office area is to be accessed by key-fob, key, punch code or other control device as to restrict access from the general, non-residing public. This includes all exterior doors on the perimeter of the residential portion of the project. The doors will have Item No.9R
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emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sheriff’s Dispatch at 805-654-9511 if coded.

Any code changes need to be provided to Sheriff’s Dispatch ASAP. 271. Parking Structures – Install a digital, color, CCTV security camera system on each level of the parking structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egress and ingress points. Cameras shall provide good image quality during all hours of operation. It shall be a requirement that a minimum of the past 72 hours of recorded activity be retained by staff and be available upon request by the Police Department. The interior staircases shall be of the open construction variety in order to minimize blind spots and areas of concealment. Security mirrors shall be placed in the stairwells and parking structure interior.
 All exterior openings in the structure's walls shall be secured with decorative metal grids to minimize unauthorized pedestrian entry. The concrete flooring of the structure shall be rough swirled to prevent skateboarding, rollerblading, etc.
 For the safe movement of vehicles and pedestrians, lighting levels should be evenly distributed to provide uniform illumination of the entire parking area. Care should be given to prevent the casting of glare and spillover lighting outside of the structure. The applicant shall comply with the following lighting requirements in the proposed parking structure:
o A minimum five-foot candles at the floor level shall be provided on interior driving aisles, at all times.
o The roof parking area shall have a minimum maintained one-foot candle at floor level during hours of darkness.
o Interior parking spaces at barrier and railings shall have a minimum maintained one-foot candle at floor level at all times. o Stairways, ramps and exits shall have a minimum maintained ten-foot candle at floor level at all times.
 The lighting for the parking structure shall be controlled by photocell and shall remain on during hours of darkness and diminished lighting.  It is recommended that the interior walls and ceiling of the parking structure be painted with a light, reflective color to maximize lighting efficiency.  All entrances to the parking structure shall be posted with signs indicating the structure is under 24-hour video surveillance. All driveway entrances shall be posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property. 272. Underground Parking – For the residents, will have a motorized gate to limit free and unrestricted access from persons not having business at the location. The garage area will have emergency access to the gate via a “Knox Box” or similar security device. A generic code for gate access will also be provided to Sheriff’s Item No.9R
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Dispatch at 805-654-9511. Any code changes need to be provided to Sheriff’s Dispatch immediately.
273. Intrusion Alarm Systems – If an intrusion (burglary) alarm system is used, it shall be an addressable, silent or audible system monitored by a U.L. approved central station. Minimum conditions for the intrusion alarm shall be as follows: any magnetic contacts used on windows or pedestrian doors shall be capable of allowing the door or window to open a minimum of one- and one-half inches without activating the alarm. Magnetic contacts on any garage-type door, rolling overhead door, sliding or rolling gate, etc. shall be capable of allowing the door or gate to open a minimum of three inches before activating the alarm.

The alarm system shall be equipped with a back-up battery capable of a minimum duration of 24 hours. Motion and glass break detectors shall be, at minimum, dual technology devices. Any interior alarm shall be individually zoned, and the central monitoring station shall notify the Police Department which zones have been activated and the location of those zones. Audible alarms shall automatically reset a maximum of 15 minutes after activation. Non-residential push button devices used to activate hold-up alarms shall be dual action. Keypad activation of a holdup or duress alarm shall require an entry code a minimum of 2 digits higher than the normal activation code. Automatic dialers or direct connects to the Police Department are prohibited. The applicant shall submit plans for the alarm system to the Police Department Crime Prevention Bureau for review and approval prior to installation.
274. Security Alarm Systems – If a security alarm system is used, any magnetic contacts used on windows or pedestrian doors shall be capable of allowing the door or window to open a minimum of one- and one-half inches without activating the alarm. Magnetic contacts on any garage-type door, rolling overhead door, sliding or rolling gate, etc. shall be capable of allowing the door or gate to open a minimum of three inches before activating the alarm. The alarm system shall be equipped with a back-up battery capable of a minimum duration of 24 hours.

Motion and glass break detectors shall be dual technology devices. Any interior alarm shall be individually zoned, and the central monitoring station shall notify the Police Department which zones have been activated and the location of those zones. Audible alarms shall automatically reset a maximum of 15 minutes after activation. Non-residential push button devices used to activate hold-up alarms shall be dual action. Keypad activation of a hold-up or duress alarm shall require an entry code a minimum of 2 digits higher than the normal activation code. The alarm system for the storage buildings may terminate and be monitored in the manager’s office when the office is occupied, but must be monitored by an alarm company central station at all other times. Automatic dialers or direct connects to the Police Department are prohibited. The applicant shall submit plans for the alarm system to the Police Department for review and approval prior to installation.

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275. Emergency Access – The business will have emergency access for the police and fire department to the main gate or entrance / exit doors via a “Knox Box” or similar security device. A generic code for gate access should also be provided to Sheriff’s Dispatch at 805-654-9511. Any code changes need to be provided to Sheriff’s Dispatch ASAP.
276. Mailboxes – If a cluster box is used, it shall be placed in an area conducive to surveillance.
277. Signs – Any signs displayed must be far enough back from the street as to not impede with visibility to traffic. The street address shall be prominently displayed on the sign to assist first responders with identifying the facility. 278. Parking – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicating the California Vehicle Code will be enforced.
279. Other Security Concerns – The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

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EXHIBIT “E”
Ventura County Income Limits Chart
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.9R
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Item No.9R
TO: Andrew P. Powers, City Manager
FROM: Alexandra South, Director of Strategic Communications & Public Affairs
DATE: July 18, 2023
SUBJECT: City of Thousand Oaks FY 2023-24 and FY 2024-25 Legislative Platform
RECOMMENDATION:

1. Receive report and approve FY 2023-24 and FY 2024-25 Legislative Platform.

2. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal costs related to staff time and travel are included in the Adopted FY 2023-24 General Fund Budget.

BACKGROUND:

The City has always been pro-active in monitoring and advocating for state and federal legislation, which affects the City, its operations, and its residents. The City has successfully pursued state legislation (e.g., Auto Leases, No-Low Property Tax, or Tax Equity Allocation) and supported the passage of crucial propositions which had a direct impact on the City’s local control and local budget (Prop. 1A and Prop. 22). As a result of these efforts, the City derives over $5 million annually from both Auto Leases and Tax Equity Allocation for the City’s General Fund and gains some protection against State borrowing.

In addition to legislation, the City sought support and received funding for local projects in the form of federal grants and Congressional appropriations for projects including the Boys and Girls Club facilities, Thousand Oaks Transportation Center, California Lutheran University Aquatics Center, and U.S. 101/S.R. 23 Interchange Improvements.

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City of Thousand Oaks FY 2023-24 and FY 2024-25 Legislative Platform July 18, 2023

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To streamline and expedite advocacy efforts, City Council adopted its first Legislative Platform and designated a Legislative Affairs Manager in 2006 to develop and oversee the legislative program. After the adoption of the City’s biennial budget cycle, a new platform is presented to City Council for approval based on: (a) Citywide Goals, (b) City Council Top Priorities, and (c) legislative trends that may affect the City’s ability to conduct business and provide services to the community.

DISCUSSION/ANALYSIS:

A. LEGISLATIVE PROGRAM:

The FY 2023-24 and FY 2024-25 legislative platform guides the legislative program. The program under the auspices of the platform consists of advocacy of State and federal bills, the pursuit of federal/state funding and resources for City interests, continued participation in State and federal municipal organizations, and any additional special legislative interest or program that arises.

Legislative Platform: The FY 2023-24 and FY 2024-25 platform serves as guidance in monitoring and advocating for federal and state legislation. To support ongoing legislative efforts, the 2023 Legislative Platform (Attachment #1) reflects norms of advocating for (1) local control and (2) local budget. New issues that are of growing concern have included local requirements to address homelessness and mitigation of forever chemicals, while outmoded issues or de-prioritized interests are omitted. Position letters are prepared for the mayor’s signature on behalf of the City Council, consistent with the platform.

State and National Advocacy Organizations: The City is a member of the National League of Cities (NLC) and League of California Cities (Cal Cities), as well as regional and professional organizations that provide both insight and influence in local, state, and federal affairs. These organizations provide perspective and analysis on important municipal bills and state and federal trends. Their position on bills serves as additional guidance.

Limits to Advocacy: The City does not take positions on issues where it has no direct authority, such as individual rights, federal issues that do not impact municipal operations, or bills that pertain to international policies (e.g., Affordable Care Act, gun control, immigration, reproductive rights, trade, war, etc.). The City abstains from taking on issues where another elected body has direct authority and expertise (e.g., education, school curriculum).

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In addition, the City refrains from taking positions on ballot measures unless the measure has been sponsored by the City or a bona fide municipal organization (e.g., Cal Cities, NLC) or has a direct effect on the City, its operations, or services.

In the event a ballot measure is identified that has an impact on the City, but is not covered by the Legislative Platform, it will be brought to City Council by the Legislative Affairs Manager for consideration.

Federal and State Lobbyists: With greater emphasis on federal support for infrastructure funding and grant opportunities, the City retains a federal lobbyist to provide advocacy services. Federal advocacy has become crucial, especially after the revival of federal earmarks and the passage of federal bills associated with competitive grant funding, such as the Infrastructure Investment and Jobs Act (IIJA). The Legislative Affairs Manager works closely with City departments and the federal lobbyist to develop a list of City projects/interests for consideration by congressional members and key agency contacts should a funding opportunity arise.

City interests are discussed in person with federal officials during the City’s annual lobbying visit to Washington D.C. at the time of the NLC Congressional Cities Conference in March.

The City also retains a state lobbyist to assist in state legislative activities including advocacy on state bills, monitoring the state budget, representation at hearings, and meetings with state agencies. The City conducts meetings with state representatives in Sacramento during the annual Cal Cities City Leaders Summit in April.

B. 2023-2024 FEDERAL ISSUES AND PRIORITIES
Federal Grant Monitoring – Ongoing/Key Grant Opportunities:

The City is represented by James Crum, Vice President of Van Scoyoc Associates, Inc. Each year, the federal lobbyist works with the Legislative Affairs Manager to identify projects/interests that have the most potential for assistance and funding.

These projects/interests are presented during the City’s federal meetings each March with the Congressional delegation and federal agency staff. City departments also submit their current program/project interests for the federal lobbyist to monitor.

The federal lobbyist monitors grant opportunities by federal agencies and federal policies that may be of interest to the City. The Legislative Affairs Manager and federal lobbyist also work closely with the City departments to explore grants and help with their preparation and submission.

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Community Directed Spending:

During the post-pandemic cycle, President Biden reinstated Congressional earmarks. After an over 10-year hiatus, Congress and the Senate are now allowed to submit district projects under a new title known as Congressionally Directed Spending (CDS). CDS is strictly limited to specific appropriations areas such as energy, defense, homeland security, interior, energy, and transportation. For greater transparency, entities that receive a CDS are now required to prepare and submit a post-grant application to the associated agency to demonstrate the project meets all regulations before receiving the award.

Since reinstatement, the City has submitted CDS requests each federal fiscal year.

The federal fiscal cycle is from October to September. The City has been fortunate to receive the following approvals from our Congressional delegation:
· FY 2022: $1.50 million for a water reuse project under the U.S. Environmental Protection Agency. The proposed project will construct a future connection between the Las Virgenes Municipal Water District Clean Water Project and the Los Robles Ground Water Project.
· FY 2023: $1.85 million for the installation of a microgrid project at the City’s Municipal Service Center. This grant is coordinated under the Federal Emergency Management Association (FEMA).

The City is still awaiting final action by the House and Senate on FY 2024 CDS requests. Three projects are pending approval:
· $1.38 million for the installation of microgrid technology at a critical water pump station.
· $3.00 million for the design, engineering, and construction of up to two stormwater capture and diversion projects.
· $2.62 million for the installation of microgrid technology at the City’s Family Assistance Center (FAC) which consists of three municipal structures (Teen Center, Senior Adult Center, and Grant Brimhall/Thousand Oaks Library) dedicated as a response center during emergencies and disasters.

Recent Federal Initiatives
The White House and Congress implemented the following initiatives since the adoption of the current Legislative Platform, which has direct and indirect impacts on cities.

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Bipartisan Infrastructure Law
The Biden Administration’s goal of Building a Better America led to the passage of the historic IIJA in November of 2021. The IIJA directed $1.2 trillion in state and local investments in the form of new competitive grants over a five-year period.

To support small and mid-sized cities, NLC sponsored a series of eight-week boot camps to train and prepare cities for IIJA grants. City staff participated in two boot camps: Building Resilient Infrastructure and Communities and Charging and Fueling Infrastructure Grants.

The City participated in three grants. One for wildfire mitigation through the auspices of FEMA, and one under the U.S. Department of Agriculture (USDA.) And a recent grant application was submitted to the U.S. Department of Transportation (USDOT) in regional collaboration with the Ventura County Regional Energy Alliance for electric vehicle charging stations. Unfortunately, federal guidelines known as Justice 40 Initiative precluded the City from receiving awards. Justice 40 requires that grants support underserved and disadvantaged communities. While the City was able to identify disadvantaged communities within Thousand Oaks, the guidelines for the FEMA grant were too restrictive on home hardening for low-income communities. The City had to discontinue the grant. The City did not receive an award from USDA. City did not score high because it did not have the threshold of low-income areas in comparison to other jurisdictions.

The DOT grant is still pending.

Inflation Reduction Act
In August 2022, the White House signed into law H.R. 5376, or the Inflation Reduction Act (IRA). IRA allocated $750 billion to address inflation by reducing health care costs, to bring down the federal deficit by bolstering tax collections, and to combat climate change by encouraging domestic clean-energy production.

Reauthorization of Expired Bills and Programs
Congress is working on several federal reauthorizations:
· Farm Bill: This bill establishes federal farm, food, environment, and rural policy that will have a tremendous impact on both rural and urban communities, farming livelihoods, and food economies, which impact the environment, local and regional economic growth, and public health. Hearings are continuing through 2023. · National Flood Insurance Program: This provides Congress the opportunity to reduce the complexity of the program and strengthen the financial framework so the program can continue helping individuals and communities take the critical step of securing flood insurance. Hearings are continuing through 2023. The program must be reauthorized by September 30, 2023.

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· Energy Efficiency and Conservation Block Grant: The program is designed to assist states, local governments, and Tribes under the Department of Energy in implementing strategies to reduce energy use, reduce fossil fuel emissions, and improve energy efficiency. The program received short-term funding under the IIJA program but has not received long-term authorization. Bills have been introduced but no hearings scheduled.
· Economic Development Administration: This bill reauthorizes the agency to provide grants to economically distressed communities to generate new employment and stimulate industrial and commercial growth. Hearings are continuing through 2023.
· Federal Aviation Administration: This bill reauthorizes the agency which provides new guidance and standards for airlines, manufacturers, and the aviation workforce. Hearings are continuing through 2023.

Federal Budget- National Debt Ceiling
In June 2023, federal leaders averted a National Debt Ceiling crisis. The Fiscal Responsibility Act of 2023 (H.R. 3746) was adopted to increase the federal debt limit, establish new discretionary spending limits, rescind unobligated funds, and expand work requirements for federal programs. Specifically, the bill suspends the federal debt limit through January 1, 2025, and increases the limit on January 2, 2025, to accommodate the obligations issued during the suspension period.

In addition, the bill establishes new discretionary spending limits for federal FY 2024 and FY 2025 that are enforced with sequestration (automatic spending cuts).

It also changes the limits to 1 percent below the federal FY 2023 base funding levels if a continuing resolution is in effect on or after January 1, 2024, or on or after January 1, 2025, because all 12 regular appropriations bills were not enacted by the end of the prior year.

H.R. 3746 was a bipartisan effort and has no net impact on cities. Although the federal budget will be restricted to federal FY 2023 levels, it will not impact grants already administered by federal agencies or IIJA grants. Moreover, unspent allocations to cities under the State and Local Fiscal Relief Fund (SLFRF) as part of the American Rescue Plan will not be rescinded.

The National League of Cities (NLC) Federal Priorities
The City is an active member of NLC. NLC helps identify bills and policies that impact cities. They publish weekly electronic newsletters, issue action alerts, and host policy briefings. NLC hosts informational sessions, webinars, and educational programs to help strengthen cities.

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The NLC publishes and updates its National Municipal Policy, which is a compilation of federal policy positions adopted during the NLC’s annual business meeting. These positions focus on federal actions, programs, and legislation that directly impact municipalities and guide all NLC’s federal advocacy efforts. NLC Board of Directors also adopts a set of short-term priorities. The 2023 priorities are as follows:

1. Make Government Work for Small Communities: Advocate for equal access for small cities and towns, so they may be eligible for federal grant assistance at scale, so the benefits of federal programs and policies reach all of America’s communities.

2. Support a Local Workforce Pipeline: Advocate for investments in workforce development, training, and apprenticeship programs to ensure America’s communities have the skilled labor to complete these priority projects.

3. Build Safe and Healthy Communities: Advocate for policies and programs that support local climate action and a federal partner to address this critical issue.

4. Prevent Federal Overreach of Local Governments: Advocate for restoration of local authority over local telecommunication franchises, land use, and full municipal access to federal infrastructure programs. Contest unfunded mandates.

5. Increase Housing Supply and Stability: Urge Congress to provide more funding to help local communities address the housing crisis and maintain efforts even after current one-time programs wind down.

6. Support Local Economic Growth and Opportunity: Advocate for federal investments that catalyze local economic growth.

Federal Prospects for 2024-2025
With the 2024 Presidential elections approaching, it is anticipated that federal activities will slow down. Congress will continue to work on bill reauthorizations.

The passage of the Fiscal Responsibility Act of 2023 sets the tone for limited federal spending but does not impact the current budget and federal provisions for cities. During the 2024 elections, the State of California will elect a new senator with the retirement of long-time Senator Dianne Feinstein.

During the next Legislative Platform cycle, the Legislative Affairs Manager will use City Council priorities and goals and work closely with City departments on their policy interests and project needs. With the support of the City’s federal lobbyist and the NLC, the Legislative Affairs Manager will continue to monitor federal activities, conduct research, review grant announcements, and pursue funding Item No.12A
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opportunities, as well as advocate on federal bill interests.

C. 2023-24 STATE ISSUES AND PRIORITIES
2023 State Bills
The California State Legislature began a new legislative biennium in January 2023.

As a result of term limits, 30 percent of the legislature are newly elected officials.

In the first year alone, members introduced a record 2700 bills. Bills have been reviewed in the house of origin and those that received consent are currently proceeding through the second house for consideration. The legislative deadline to pass bills is September 14, 2023. Subsequently, the Governor has until October 14, 2023, to veto bills or sign them into law.

This year, the top legislative themes affecting local government are:
· Adaptive reuse
· Homeless/mental health
· Grant streamlining
· Proposition 47 reform
· Fentanyl
Since the start of the legislative biennium, the Legislative Affairs Manager reviewed and advocated for bills in accordance with the City’s Legislative Platform and those identified by Cal Cities, South California Association of Governments (SCAG), and a number of industry organizations such as the California Transit Association, California Product Stewardship Association, California Association of Sanitation Agencies, etc.

State Budget
The $100 billion budgetary surplus of both FY 2021-22 and FY 2022-23 sharply declined to a $31.5 billion shortfall. The Governor attributes the State’s deficit to the “progressive taxation” system. The State relies heavily on capital gains taxes for its revenue. In 2021, both corporate and personal income was strong. The threat of a recession and rising interest rates resulted in a shift in capital gains tax. Another contributing factor is delayed tax filing authorized by the Internal Revenue Service (IRS). Due to destructive winter storms, the IRS extended the 2023 filing deadline to October. Several counties across California were affected by flooding. The Governor expects revenue collected in October to decrease the deficit.

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The State Legislature approved an FY 2023-24 framework budget before the constitutional deadline. Unfortunately, the Legislature’s budget did not align with the Governor’s May Revise. The Governor also introduced a new State Infrastructure Plan to reform project permitting and streamlining of large-scale water, transportation, and energy projects. The Governor wanted provisions of the plan integrated into the budget.

A final budget was negotiated three days short of the new fiscal year. The $310.8 billion spending plan includes State maintenance and operations and key spending priorities impacting cities including climate change, drought, housing and homeless, public transit, and wildfire.

Cal Cities led the charge in advocating for $3.0 billion each in permanent funding for cities to support affordable housing and homeless efforts. The Governor and State only agreed to a one-time allocation of $2.7 billion for infill development, adaptive reuse, the preservation of existing affordable housing, and multiple incentives for local governments to create housing at all income levels. Moreover, $1.0 billion in one-time funding for cities to support homeless activities and programs under the Homeless Housing, Assistance, and Prevention grant.

Initially, allocations for public transit agencies were reduced to $2.0 billion. After lobbying efforts by the California Transit Administration and member agencies including Thousand Oaks Transit, the Governor and Legislature reinstated the budget to $5.0 billion.

The budget contains level funding in the amount of $47.0 billion for infrastructure investments. This includes funding for transportation, housing, school facilities, childcare facilities, higher education facilities, student housing, climate resilience improvements and energy, dam safety, and broadband. The Legislature only agreed to include streamlining opportunities under the Governor's State Infrastructure Plan to fast-track water, transportation, and clean energy projects.

The Legislature did not agree to the Delta Tunnel Project.

The final budget closes the $31.5 billion deficit by cutting $8.0 billion in spending, borrowing $6.1 billion, and shifting expenses to other funds. It is important to note that the budget includes $37.8 billion in the State's Rainy-Day fund or budget reserves.

Cal Cities Top Legislative Priorities:

The City of Thousand Oaks is an active member of Cal Cities and relies on their expertise in identifying State legislation that impacts local government. Cal Cites hosts legislative briefings and webinars. They publish weekly newsletters and issue legislative action alerts. The Legislative Affairs Manager reviews, monitors, Item No.12A
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and advocates for Cal Cities identified bills and participates in action alerts.

Cal Cities monitors bills under several subjects:
· Community Services
· Environmental Quality
· Governance, Transparency, and Labor Relations
· Housing, Community, and Economic Development
· Public Safety
· Revenue and Taxation
· Transportation, Communications, and Public Works
Each year, the Cal Cities Board of Directors adopts annual Strategic Goals based on local government interests and trends. The 2023 State Priorities are as follows:

1. Protect and expand investments to prevent and reduce homelessness: Secure sustainable state funding that bolsters cities’ efforts to support individuals experiencing—or at risk of—homelessness. While protecting existing resources, strengthen state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment.

2. Increase the supply and affordability of housing while retaining local decision-making: Secure long-term, sustainable funding tools for cities to jumpstart the construction of housing at all income levels and ensure cities retain flexibility to achieve local and state housing goals.

3. Improve public safety in California communities: Pursue strategies and resources to address crime and its underlying causes. Partner with all levels of government and diverse organizations to improve community safety through prevention and early intervention programming, workforce recruitment and retention, and improved re-entry services.

4. Safeguard essential local revenues and support fiscal sustainability: Protect, increase, and modernize revenue streams for local priorities. Oppose efforts that would reduce or eliminate funding for cities, including unfunded mandates.

Cal Cities also advocates for federal priorities impacting cities. The 2023 Federal Priorities are:

1. Support increased federal funding to assist California cities with housing affordability and homelessness challenges in our communities.

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2. Pursue strategies and resources to address crime and its underlying causes.

3. Engage in the federal budget and appropriations process to protect and increase essential local revenues.

4. Strengthen disaster preparedness, resiliency, and recovery from climate change impacts through improved collaboration and resources.

State Lobbyist- Joe A. Gonsalves and Son:

For over 30 years, Joe A. Gonsalves and Son has served as the City’s state representative and has supported both legislative and project interests. Gonsalves and Son keep the City apprised of bills via weekly reports and news impacting the State Capitol. They coordinate meetings with State officials and agencies, attend hearings, and testify on behalf of the City as requested.

State Prospects for 2024-2025
During the next Legislative Platform cycle, the Legislative Affairs Manager will use City Council priorities and goals and work closely with City departments on policy interests.

In 2024, the State Legislature will be in the second year of its biennium. Even with the 2024 General Election, State legislative activities will remain the same with no slowdown or change. A few anticipated ballot measures regarding local taxation are likely to qualify. Cal Cities is monitoring these measures and will engage cities in opposition efforts as necessary.

The Legislative Affairs Manager with the support of Cal Cities and State lobbyists will continue to monitor and advocate for bills and State budget proposals that preserve local control and local funding.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

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.

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D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.

E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.

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.

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

PREPARED BY: Mina Layba, Legislative Affairs Manager
Attachments:

Attachment #1 – City of Thousand Oaks’ FY 2023-24 and FY 2024-25 Legislative Platform
CMO:660-60\H:\COMMON\City Council\Council Items\2023 Staff Reports\071823\071823 2023 Legislative Platform Staff Report.docx
Item No.12A
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STATE and FEDERAL
Legislative Platform
FY 2023/24- 2024/25
ATTACHMENT # 1
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Table of Contents
Page No.

A. Table of Contents 2
B. City Profile 3
C. Demographic Snapshot 4
D. Local Challenges 5
E. State and Federal Impacts 6
F. Citywide Goals 7-8
F. City Council Priorities 9-10
G. Basic Principles
11-12
H. Policy Areas:
a. Time-sensitive 13
b. Telecommunications 14
c. Infrastructure/Transportation/Mobility 15
d. Housing/Affordable Housing 15-16
e. Unsheltered 16
f. Public Safety 17
g. Energy Efficiency, Environment and Sustainability 17 h. Open Space and Wildlife Corridor 18
i. Economic Development 19
j. Land Use/ Business Improvement District 19-20
k. Tourism/Arts 20
l. Regional Interests 21
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The City of Thousand Oaks is a premiere community recognized for being one of the most desirable places in all of California to live, work, recreate, and raise a family. Located in between Los Angeles and Santa Barbara in Ventura County, Thousand Oaks is nestled against the Santa Monica Mountains and with over 15,000 acres of natural publicly owned open space located within the City’s boundaries.

One-Third Designated Open Space
The City prides itself on its designated open space with 150 miles of trails for hiking, biking, or just leisurely walking. Efforts at local electricity generation have also been very successful, especially at the City’s wastewater treatment plant. Thousand Oaks is a Tree City, USA, and has been named one of the county's greenest cities.

Family Oriented
The City has been designated one of the safest cities in the US and one of 10 great cities to raise your kids. Thousand Oaks is home to some of the nation's top schools, outstanding parks, and a myriad of shopping opportunities, including one of the largest auto malls in the nation. Visit Conejo Valley for more information.

Cultural Arts Destination
Another source of pride is the Civic Arts Plaza. Opened in 1994, this jewel of cultural arts has become a beacon of the region featuring world-class entertainment, musicals, concerts, children’s shows, ballets, and much more.

Partners with Business
Thousand Oaks values collaboration with residents and
businesses. This commitment to public-private partnerships is most evident in the adoption of the City’s blueprint for a revitalized downtown, the Thousand Oaks Boulevard Specific Plan.

Some of the City’s most impressive accomplishments have come in the realm of infrastructure improvements. Public infrastructure enhances quality of life, and ensures the mobility of residents and businesses, now and in the future.

City Profile
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Thousand Oaks is located between Los Angeles and Santa Barbara in southern Ventura County, California. It is a General Law City with a Council/Manager form of government. • Population- 125,766
• 55 square miles
• Surrounded by 35% dedicated open space.
• Beginning in 2024, City Councilmembers will be
elected by district.
• Five Councilmembers serve four-year
staggered terms.
• Each year, the City Council appoints a Mayor.
• City Council appoints the City Manager, City Attorney, and Commission members. • City Council is responsible for adopting the budget, enacting ordinances, and basic City policies.
• The City of Thousand Oaks was incorporated in 1964 without a general municipal property tax.
• Sales tax remains the primary source of revenue.
• Sales tax combined with fees, service charges, transient occupancy tax, vehicle license fees, business licenses, and investment earnings supports government operations and services to the community.

Demographic
Snapshot
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Current Status
Thousand Oaks is a low-tax City. Despite the impacts of the Great Recession and the dissolution of redevelopment agencies, the economy has made modest improvements. The City has adapted to the new normal in its maintenance mode, with reductions in personnel and expenditures and little impact on core services to residents.

Potential Challenges
Although the local economy remains steady, with a low unemployment rate and rising median home prices, there are potential impacts on the horizon that will challenge the City’s sustainability:
• Shift in sales from brick-and-mortar stores to online outlets negatively impacts local point-of-sale
transactions.
• State mandates with penalties to develop both
affordable housing and transitional housing for the
unsheltered.
• Continued risk of wildfires and drought.
• Maintenance costs outpacing Streets and Roads Fund
and Lighting and Landscaping Fund.
• Costs to comply with Storm Water and Wastewater
Permits.
• Costs to comply with solid waste diversion mandate.
• Costs of pension obligations continue to grow.

Status and Challenges
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Federal Funding Impacts
• Continual reductions to formula grants e.g. Community Development Block Grants impact services to low-income
residents and affordable housing projects.
• Mandatory grant applications tied to Congressionally
Directed Spending awards.
• New burdensome requirements for federal grants e.g.,
metrics, qualifications in meeting Justice 40 Initiative, and demonstrating cost-benefit ratios.

State Funding Impacts
• Dissolution of local redevelopment agencies shifting property tax increment revenue to the State and reducing cities’ ability to leverage affordable housing. • Suspension of State-mandated funding, elimination of State library funding, and takeaway of motor vehicle license fee revenues. Cal Cities estimates that the State owes cities $ 1 billion in unfunded mandate reimbursements.
• Unfunded mandates to produce both affordable housing units and housing for the unsheltered.
• Threat of penalties by the State Attorney General for not producing affordable housing and housing for the unsheltered.
• State’s current $31.5 billion deficit.

Federal and State
Funding Impacts
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Citywide Goals for
FY 2023-24 and FY 2024-25
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.

E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

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I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.

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

K. Prepare for transition of City workforce by ensuring that sufficient succession planning takes place to develop an employment base which is reflective of the community’s demographics.

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1. Homelessness – Complete construction of 77-unit permanent supportive housing project at the Quality Inn & Suites, complete planning and entitlement process for 30-unit “Homeless Navigation Center” at Lawrence Drive, and begin operations. Continue to seek State and Federal funding to support these efforts.

2. Affordable Housing – Advance the planning and entitlement process for 78unit affordable forsale project at site of former Hillcrest School. Adopt revised inclusionary housing and in-lieu ordinance in alignment with General Plan. Explore other potential affordable housing locations and partnerships.

3. Public Safety – Proactively address current crime trends by continuing to participate in federallevel task forces and leveraging advanced technology, directed enforcement, and public outreach to combat crimes including catalytic converter theft, organized burglary crews, and fentanyl abuse. Advocate and support a potential “Family Justice Center” presence in Thousand Oaks plus additional County services to the City and other East County cities. Support efforts of fire-safe councils in building community resiliency.

4. Economic Development – Continue harnessing investment in the Thousand Oaks biotech cluster with a focus on recruitment, retention, and localized growth. Continue processing an application for a 16-building Shapell industrial project at the end of Rancho Conejo as well as a speculative wet lab construction on Via Merida. Investigate other potential public infrastructure investments to better connect life science campuses.

5. Environmental Sustainability –
Complete Climate Action Plan.

Advance strategic sustainability
investments including grant advocacy
for additional microgrids at strategic
locations. Continue to strongly
advocate for regional solutions that
promote localized water resiliency
including the Las Virgenes Pure Water
Project.

FY 2023-24
Top Ten Priorities
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6. Public Works and Infrastructure Investments – Leverage capital improvement budget to address aging public infrastructure, improve public median plantings with drought-tolerant landscaping, and invest in new bicycle and pedestrian infrastructure. In conjunction with the Thousand Oaks Police Department (TOPD), launch targeted outreach to improve bicycle and pedestrian safety.

7. Comprehensive General Plan Update – Release draft General Plan document along with accompanying environmental review, and complete all elements with stakeholder engagement. Present to Planning Commission and City Council for consideration.

8. Campus Master Plan – In conjunction with the ad-hoc committee and consulting team, renew community engagement on the Civic Arts Plaza renovation project.

Present phasing strategy to City Council and begin planning for potential Phase 1 construction.

9. Technology Investments – Complete comprehensive rebuild of City & Library public websites. Begin process of upgrading water billing system to offer more realtime information for customers. Refine and build upon comprehensive land management system implementation. Ensure continued technology safety through investment in state-of-the-art cybersecurity protections.

10. Cultural Arts and Library – Complete library space planning initiative for both libraries and identify additional funding to potentially begin renovations. Identify short- and long-term fiscal strategies to further enhance experiences and programs in Thousand Oaks.

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The City of Thousand Oaks supports legislation as it adheres to City policies, maintenance of services to its residents, quality of life, environment, resources, and local control. The foundation for its legislative priorities is to strengthen local control, ensure Thousand Oaks maintains, protects, or improves its reserves, as well as reforms and enacts current policies that are essential to meeting the community’s needs.

Basic Principles
A. Local Control

1. Oppose legislation that preempts local
authority.

2. Oppose legislation that mandates changes
that interrupt City’s operations, and service to
the community or impair or weaken its
infrastructure.

3. Advocate for legislation that enhances local
control of resources and provides measures
that allow the City Council to address the
needs of City residents.

B. Local Budget

1. Oppose legislation that negatively impacts the City’s fiscal viability by adding further financial burden through unfunded mandates.

2. Oppose legislation that reduces the City’s revenue base.

Legislative Platform
Basic Advocacy Principles
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3. Oppose legislation that cuts or shifts State or Federal funding for existing programs and services (e.g., Federal Community Development Block Grant, Gas Tax, etc.)

4. Advocate for State and Federal funding that supports City infrastructure and projects.

5. Support the reform of the local government finance structure that establishes long-term financial stability to assure future growth and provide needed public facilities and services.

6. Support the enactment of revenue measures and fees that close the gap between the tax revenue from development and the cost of providing public services.

7. Support discretionary revenue sources to cities over directed and limited sources.

8. Advocate for fair implementation and distribution of State Infrastructure Bond funds to assure the City has access to receiving an adequate share for local improvements and programs.

9. Support legislation that creates tax equity from e-commerce and online shopping, including local fulfillment centers.

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Time Sensitive
A. COVID-19 Post Recovery

1. Support legislation that provides resources
and assistance to the City, small business
community, and non-profit organizations to
assist with post-pandemic economic recovery.

B. Regional Housing Needs Assessment (RHNA) Reform

1. Work closely with the Southern California Association in Government to provide input and suggestions for reforming the current RHNA process.

C. Tax Equity and Fulfillment Centers

1. Support legislation that creates tax equity from
e-commerce and online shopping, including local
fulfillment centers.

Time Sensitive
Legislation
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A. Telecommunications

1. Oppose legislation that negatively impacts the City’s authority to manage and control public right-of-way and receive compensation for its use.

2. Oppose legislation that pre-empts local authority over height limitations, superimposing additional infrastructure on existing infrastructure and local permitting process.

3. Oppose legislation that pre-empts local authority to develop and broadcast public, educational, and governmental access channels, community programming, and related services.

4. Support legislation that allows for the use of public, educational and governmental (PEG) access fees for not only equipment but also personnel, programming and related expenses.

5. Oppose legislation that negatively impacts residents by eliminating “redlining” or “cherry picking” and precludes equal access to affordable cable television, Internet and digital/broadband services.

6. Support increased opportunities and funding for broadband deployment to provide access to seniors, youth and low-income residents.

7. Support increased funding opportunities to support broadband access at public facilities including libraries, community centers and government centers.

8. Support grants for the development of broadband kits (laptop, Wi-Fi spots, etc.) at the libraries for public lending to those who lack equipment and broadband connectivity for access to online education, employment opportunities and entertainment.

9. Advocate for increased consumer support for subscription cable/Wi-Fi issues.

Issue Specific
Legislation
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B. Infrastructure/Transportation/Mobility

1. Advocate for State and federal funding to construct local infrastructure projects.

2. Oppose any State or federal reductions to existing transportation grants and programs, including Safe Roads to Schools, Americans with Disabilities Act funding, etc.

3. Support increased funding to enhance existing public transportation programs.

4. Support legislation that enhances funding
sources (through taxes, fees, etc.) to
improve and repair local streets and roads,
and aging infrastructure.

5. Protect any threats to the elimination or
reduction of SB 1, Gas tax funds allocated
to cities.

6. Support legislation that provides local control over streets and rights-of-way from use of new motorized and sharing technologies. (Including but not limited to electric bikes, scooters, etc.)
C. Housing/Affordable Housing

1. Support legislation that provides direct funding to local governments for the planning, development, and construction of low-income housing.

2. Support legislation that provides financial support and incentives for programs offered by community organizations and non-profits that develop affordable housing for senior adults, families, disabled and low-income.

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Legislation
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3. Support legislation that protects and preserves
existing affordable housing opportunities for
senior adults, families, disabled and low-income.

4. Support legislation that that enhances funding
sources (through taxes, fees, bonds, etc.) to
support affordable housing programs and
projects.

5. Oppose legislation that mandates permit streamlining, eliminates design review, eliminates, or diminishes planning standards (parking, square footage, setbacks, etc.), and public hearings for housing projects.

6. Oppose legislation that eliminates or mandates changes to the character of singlefamily neighborhoods.

7. Oppose legislation that mandates and streamlines adaptive reuse without proper permitting and review.

8. Support legislation that provides financial assistance, resources and social services to support low-income mobile home residents.

D. Unsheltered/Unhoused

1. Support legislation that provides financial support and assistance to local government, Ventura County Continuum of Care, non-profits, and community organizations to aid the unsheltered including social services, temporary, transitional housing, permanent housing, and mental health services.

2. Support legislation that provides direct funding and resources to local government, community organizations, and non-profits for the development of emergency and permanent supportive housing for the unsheltered.

3. Support legislation that increases mental health and drug rehabilitation treatment for the unhoused.

Issue Specific
Legislation
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E. Public Safety

1. Support legislation that protects funding and resources for both the Thousand Oaks Police Department and Ventura County Fire District to maintain the level of services consistent in sustaining the City’s ranking as one of the nation’s “Safest Cities.”

2. Support legislation that promotes the efforts of the Thousand Oaks Police Department in cooperation with the Ventura County Sheriff’s Office and its role to serve and protect the community (a) with relevance to local enforcement and (b) without infringement of individual Second Amendment rights.

3. Support legislation that protects against wildfires, and cities surrounded by Very High Wildfire Severity Zones.

F. Energy Efficiency, Environment, and Sustainability

1. Support legislation that provides funding and resources to achieve energy efficiency, sustainability, and conservation for municipal facilities, operations, and services.

2. Oppose legislation that mandates streamline-permitting, fee waivers or “automatic approvals” for the installation of electric charging stations, solar panels, and other
energy-efficient infrastructure.

3. Support legislation that supports product stewardship, recycling, and reuse to limit impacts on landfills and the release of methane in the atmosphere.

4. Support legislation that promotes clean energy, battery energy storage, electric vehicle infrastructure, and support for food waste reduction and a local food recovery program.

Issue Specific
Legislation
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G. Open Space and Wildlife Corridor

1. Support open space preservation and acquisition both locally and within the regional sphere of the City.

2. Advocate for the creation of safe animal passage corridors along open space both locally and within the region.

3. Support legislation that creates stringent requirements for the use of secondgeneration anticoagulant rodenticides.

4. Support legislation that provides funding opportunities for parks, recreation, and open space.

5. Support legislation that would prevent development adjacent to open space and Very High Wildfire Severity Zones.

H. Water/ Storm Water/ Wastewater Permits

1. Support legislation that promotes water
conservation and drought reduction efforts.

2. Support legislation that provides incentives
for conservation and drought reduction
efforts such as education, marketing, etc.

3. Oppose legislation or rule making that creates unfunded mandates e.g. storm water permit trash excluders.

4. Oppose legislation or rule making that would make it onerous for regulatory compliance e.g. Total Maximum Daily League (TMDL) wastewater requirements, National Pollutant Discharge Elimination System (NPDES) permitting, stormwater quality standards including forever chemicals.

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Legislation
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5. Support legislation that funds efforts to clean and recycle local groundwater sources.

6. Support projects that will assist with greater water reliability from the State Water Project for the City/County.

7. Support legislation that extends the terms for the National Pollutant Discharge Elimination System (NPDES) permits, preferably to a 10-year cycle.

8. Support legislation that increases resources and funding for Low Income Home Energy Assistance Program (LIHEAP) customers.

I. Economic Development

1. Support legislation that provides cities options to revive redevelopment activities and or their functions such as economic revitalization; infrastructure development; affordable housing; jobs creation/retention; and blight removal.

2. Support legislation that provides incentives for economic development and job growth.

3. Support legislation that provides greater local control and regulation over new shared economy businesses, e.g. food trucks, transportation services, etc.

J. Land Use/ Business Improvement District

1. Oppose legislation that imposes mandates, restrictions, or penalties on local land use.

2. Support legislation that enhances funding and resources to create a vibrant downtown corridor.

Issue Specific
Legislation
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3. Oppose massage therapy legislation that eliminates local land use and leads to greater oversaturation within the downtown corridor.

4. Support legislation that promotes greater local land use authority for regulating temporary vacation rentals.

5. Support legislation that promotes greater land use authority over group homes.

6. Oppose legislation that reduces local land use authority on cannabis retail, including delivery, hours of operation, and location.

7. Oppose legislation that reduces local land use authority in hemp cultivation, manufacturing, and retail.

8. Oppose legislation that mandates development in Very High Wildfire Severity Zones.

K. Tourism/Arts/Cultural Services

1. Support legislation that assists in technical support and resources in the development of a regional tourism collaborative

2. Support funding for enhancements to library programs and services.

3. Support legislation that funds and resources for local arts programs, cultural events, and arts education programs.

4. Oppose legislation that impacts Cultural Affairs Departments operations e.g. ticketing practices, marketing, and contracting performances or talent.

5. Oppose legislation to eliminate the National Endowment for the Arts, Library of Congress, and National Endowment for the Humanities.

Issue Specific
Legislation
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L. Regional Interests
Support legislation and project initiatives to further regional interests as brought forth or sponsored by bona fide regional organizations, which are represented by designated Councilmember appointee or membership with the organization. Support may not conflict with City interests and must concur with the legislative platform.

These organizations include but not limited to:

1. Southern California Association of Governments

2. Economic Development Collaborative- Ventura County

3. Regional Defense Partnership 21

4. Ventura County Transportation Commission

5. Ventura Council of Governments

6. Ventura Regional Sanitation District

7. Ventura County Regional Energy Alliance

8. Association of Water Agencies of Ventura County

9. Santa Monica Mountains Conservancy

10. Conejo Coalition for Youth and Families

11. Mobility 21

12. California Association of Sanitation Agencies

13. California Product Stewardship Council
Regional
Interests
CMO:660-60\H:\COMMON\City Council\Council Items\2023 Staff Reports\071823\071823 2023 Legislative Platform Attch 1.PDF Item No.12A
TO: City Council
FROM: Tim Giles, Human Resources Director
DATE: July 18, 2023
SUBJECT: City Attorney Compensation and Employment Agreement Amendment
RECOMMENDATION:

1. Adopt resolution approving compensation and tenth amendment to employment agreement for City Attorney (Contract No. 9799-2012).

2. Find that this is not a project as defined by the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare report and contract amendment is included in the Adopted FY 2023-24 General Fund Budget.

The proposed FY 2023-24 City Attorney salary adjustment is $17,660, which is included in the Adopted FY 2023-24 General Fund Budget. The proposed FY 2024-25 City Attorney salary adjustment is $12,480, which is included in the Adopted FY 2024-25 General Fund Budget.

BACKGROUND:

At the July 11, 2023, City Council closed session meeting, City Council provided the City Attorney her annual performance review for FY 2022-23. City Council characterized the performance of the City Attorney over the evaluation period as outstanding and noted numerous accomplishments, initiatives, and successes under the City Attorney’s legal advice and guidance. City Council also provided authority to the Mayor to negotiate an amendment to the City Attorney contract to adjust her compensation.

DISCUSSION/ANALYSIS:

The performance and compensation of the City Attorney are reviewed by the City Council. The contract amendment (Attachment #1) includes a performance-based salary adjustment.

Item No.15A
City Attorney Compensation and Employment Agreement Amendment July 18, 2023

Page 2 ends

City Council desires to recognize the significant contributions to the success of the organization made by the City Attorney and the valuable legal advice and guidance provided to City Council. The City Council also wishes to recognize the significant economic conditions which have adversely affected the value of the City Attorney’s contract.

The proposed contract amendment is presented for City Council consideration, which includes an increase to the annual salary of six percent, or $17,660, effective July 8, 2023, and four percent, or $12,480 effective July 9, 2024. The proposal was negotiated between the Mayor and City Attorney within authority granted by the City Council and is presented for City Council approval.

The proposed City Attorney contract amendment contains the following revision:

Salary: Effective July 8, 2023, adjust annual salary from $294,343 to $312,003; Effective July 9, 2024, adjust annual salary from $312,003 to $324,483.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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.

Attachment:

Attachment #1 – Resolution Approving Compensation and Tenth Amendment to Employment Agreement between the
City of Thousand Oaks and the City Attorney
HRD:700-20\TG\H:\Common\StaffReports\2023\Exec Reviews Adjustments\CA Review & Comp\071823 CA Tenth Amendment Staff Report.docx
Item No.15A
HRD:700-20\TG\H:\Common\Resolutions\2023\071823 CA 10th Amendment Attachment 1.docx

Page 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING

COMPENSATION AND TENTH AMENDMENT TO

EMPLOYMENT AGREEMENT FOR CITY

ATTORNEY
WHEREAS, Section 2-1.502 of the Thousand Oaks Municipal Code provides that the City Attorney shall receive such compensation as determined by the City Council and fixed by Resolution; and
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

1. The compensation package set forth in the attached Tenth Amendment to Employment Agreement (Exhibit A) is approved for the City Attorney’s personal services.

PASSED AND ADOPTED THIS 18th day of July, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:

Patrick J. Hehir, Chief Assistant City Attorney
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.

ATTACHMENT #1
Item No.15A
HRD:700-20\TG\H:\Common\Resolutions\2023\071823 CA 10th Amendment Attachment 1.docx

Page 2 ends

EXHIBIT A

TENTH AMENDMENT TO EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF THOUSAND

OAKS AND THE CITY ATTORNEY
This Tenth Amendment to Employment Agreement (Contract No. 9799- 2012) between the City of Thousand Oaks and the City Attorney (“Agreement”) is entered into this 18th day of July 2023, by and between Tracy M. Noonan (“City Attorney”) and the City of Thousand Oaks (“City”).

RECITALS
WHEREAS, City and City Attorney desire to amend Agreement by which Tracy M. Noonan undertook the position of City Attorney as described therein and otherwise subject to all of the covenants and conditions set forth therein.

AGREEMENT
NOW THEREFORE, City and City Attorney agree that the Agreement be, and hereby is, amended as follows:

1. Section 4: Salary
Effective July 8, 2023, City agrees to pay City Manager for his services rendered pursuant hereto a salary of Three Hundred Twelve Thousand, Three Dollars and Sixty-Six Cents ($312,003.66) per year, payable in the normal payroll installments at the same time as other executive management employees of City are paid.

Effective July 9, 2024, City agrees to pay City Manager for his services rendered pursuant hereto a salary of Three Hundred Twenty-Four Thousand, Four Hundred Eighty-Three Dollars and Eighty-one Cents ($324,483.81) per year, payable in the normal payroll installments at the same time as other executive management employees of City are paid.

City Council shall thereafter review annually City Attorney’s salary range and benefits, with any increase(s) to be made to such extent as City Council may determine desirable. Increase(s) provided to other executive management employees shall be taken into consideration by City Council during this review period.

Item No.15A
HRD:700-20\TG\H:\Common\Resolutions\2023\071823 CA 10th Amendment Attachment 1.docx

Page 3 ends

2. Except as otherwise specifically provided herein, all other provisions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, this Tenth Amendment has been executed by the parties effective on the date and year first written above.

CITY OF THOUSAND OAKS: CITY ATTORNEY:
__________________________
Kevin McNamee, Mayor Tracy M. Noonan
ATTEST: APPROVED AS TO FORM:

Laura B. Maguire, City Clerk Patrick J. Hehir
Chief Assistant City Attorney
Item No.15A
TO: City Council
FROM: Tim Giles, Human Resources Director
DATE: July 18, 2023
SUBJECT: City Manager Compensation and Employment Agreement Amendment
RECOMMENDATION:

1. Adopt resolution approving compensation and seventh amendment to employment agreement for City Manager (Contract No. 11382-2017).

2. Find that this is not a project as defined by the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare report and contract amendment is included in the Adopted FY 2023-24 General Fund Budget.

The proposed FY 2023-24 City Manager salary adjustment is $17,500, which is included in the Adopted FY 2023-24 General Fund Budget. The proposed FY 2024-25 City Manager salary adjustment is $12,366, which is included in the Adopted FY 2024-25 General Fund Budget.

BACKGROUND:

At the July 11, 2023, City Council closed session meeting, City Council provided the City Manager his annual performance review for FY 2022-23. City Council characterized the performance of the City Manager over the evaluation period as outstanding and noted numerous accomplishments, initiatives, and successes under the City Manager’s leadership. City Council also provided authority to the Mayor to negotiate an amendment to the City Manager contract to adjust his compensation.

Item No.15B
City Manager Compensation and Employment Agreement Amendment July 18, 2023

Page 2 ends

DISCUSSION/ANALYSIS:

The performance and compensation of the City Manager are reviewed annually by City Council. The contract amendment includes a performance-based salary adjustment (Attachment #1).

City Council desires to recognize the City Manager’s significant leadership and contributions to the success of the organization and the accomplishment of City Council goals and priorities. The City Council also wishes to recognize the significant economic conditions which have adversely affected the value of the City Manager’s contract.

Thousand Oaks Municipal Code Section 2-1.206 requires City Manager compensation be fixed by resolution. The proposed contract amendment is presented for City Council consideration, which includes an increase to the annual salary of six percent, or $17,500, effective July 8, 2023, and four percent, or $12,366, effective July 9, 2024. The proposal was negotiated between the Mayor and City Manager within authority granted by the City Council and is presented for City Council approval.

The proposed City Manager contract amendment contains the following revision:

Salary: Effective July 8, 2023, adjust annual salary from $291,671 to $309,171; Effective July 9, 2024, adjust annual salary from $309,171 to $321,538.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

Attachment:

Attachment #1 – Resolution Approving Compensation and Seventh Amendment to Employment Agreement between the
City of Thousand Oaks and City Manager
HRD:700-20\TG\H:\Common\StaffReports\2022\Exec Reviews Adjustments\CM Review & Comp\071823 CM Seventh Amendment Staff Report.docx
Item No.15B
HRD:700-20\TG\H:\Common\Resolutions\2023\ 071123 CM 7th Amendment Attachment 1.docx

Page 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING

COMPENSATION AND SEVENTH AMENDMENT TO

EMPLOYMENT AGREEMENT FOR CITY MANAGER
WHEREAS, Section 2-1.206 of the Thousand Oaks Municipal Code provides that the City Manager shall receive such compensation as determined by the City Council and fixed by Resolution; and
NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

1. The compensation package set forth in the attached Seventh Amendment to Employment Agreement (Exhibit A) is approved for the City Manager’s personal services.

PASSED AND ADOPTED THIS 18th day of July, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:

ATTACHMENT #1
Item No.15B
HRD:700-20\TG\H:\Common\Resolutions\2023\ 071123 CM 7th Amendment Attachment 1.docx

Page 2 ends

EXHIBIT A

SEVENTH AMENDMENT TO EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF THOUSAND

OAKS AND THE CITY MANAGER
This Seventh Amendment to Employment Agreement (Contract No. 11382-2017) between the City of Thousand Oaks and City Manager (“Agreement”) is entered into this 18th day of July 2023, by and between Andrew P. Powers (“City Manager”) and the City of Thousand Oaks (“City”).

RECITALS
WHEREAS, City and City Manager desire to amend Agreement by which City Manager undertook the position of City Manager as described therein and otherwise subject to all of the covenants and conditions set forth therein.

AGREEMENT
NOW THEREFORE, City and City Manager agree that the Agreement be, and hereby is, amended as follows:

1. Section 4: Salary
Effective July 8, 2023, City agrees to pay City Manager for his services rendered pursuant hereto a salary of Three Hundred Nine Thousand, One Hundred Seventy-One Dollars and Sixty-Eight Cents ($309,171.68) per year, payable in the normal payroll installments at the same time as other executive management employees of City are paid.

Effective July 9, 2024, City agrees to pay City Manager for his services rendered pursuant hereto a salary of Three Hundred Twenty-One Thousand, Five Hundred Thirty-Eight Dollars and Fifty-Five Cents ($321,538.55) per year, payable in the normal payroll installments at the same time as other executive management employees of City are paid.

City Council shall thereafter review City Manager’s salary annually as part of her performance evaluation, as explained in Section 5.

Item No.15B
HRD:700-20\TG\H:\Common\Resolutions\2023\ 071123 CM 7th Amendment Attachment 1.docx

Page 3 ends

2. Except as otherwise specifically provided herein, all other provisions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, this Seventh Amendment has been executed by the parties effective on the date and year first written above.

CITY OF THOUSAND OAKS: CITY MANAGER:
__________________________
Kevin McNamee, Mayor Andrew P. Powers
ATTEST: APPROVED AS TO FORM:

Laura B. Maguire, City Clerk Patrick J. Hehir
Chief Assistant City Attorney
Item No.15B

Thousand Oaks City CouncilJuly 18, 2023

Thousand Oaks City Council
July 18, 2023