Thousand Oaks City Council
November 14, 2023

TO: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: October 23, 2023
SUBJECT: Janss Marketplace Hotel Project
2021-70997 Zone Change (Z),
2022-70079 Development Permit (DP),
2022-70265 Tentative Tract Map (TTM),
Special Use Permit (SUP) 2023-70009,
Landscape Plan Check (LPC) 2023-70006, and
California Environmental Quality Act (CEQA) 2022 -70002 Environmental Impact Report (EIR)
APPLICANT: Verdant Thousand Oaks LLC ( Adam Corral – Greens Development) & Newmark Merrill Companies
LOCATION: 225 North Moorpark Road, APNs: 525-0-030-390, 525-0-030- 410, 525 -0-030-430, 525 -0-030-440, 525-0-030-450, 525 -0- 030-470, 525-0-030-480, 525-0-054-030, & 525-0-054-040.

REQUEST:

That the Planning Commission:

1. Consider the Environmental Impact Report and Mitigation Monitoring and Reporting Program prepared in accordance with the California Environmental Quality Act (CEQA-2022-70002), and

2. Make a recommendation to the City Council for the following applications for the construction of a hotel, commercial retail space , and associated landscape, hardscape, and grading located at 225 North Moorpark Road (Attachment #s 1, 2, and 3):

Zone Change (2021-70997-Z): Zone Change limited to the footprint of the proposed building, from C -3 (Community Shopping Center) to C -3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet.

ATTACHMENT #1
Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

Development Permit (2022 -70079-DP): T o allow the demolition of approximately 35,500 square feet of commercial development and construct a new 216-room five-story hotel with amenities and approximately 13,000 square feet of commercial retail space, including outdoor dining, hardscape, landscape, and grading within the approximately 38-acre Janss Marketplace in the C-3 (Community Shopping Center) zone.

As part of the DP, the applicant requests two (2) Waivers of the TOMC to:
a. Maintain an approximately 35% building and structure coverage above the prescribed 25% building and structure coverage as otherwise required by TOMC Section 9-4.1404(b); and
b. Maintain the existing 2,642 parking spaces, below the required 3,767 parking spaces for the existing Janss Marketplace plus the Janss Marketplace Hotel Project, resulting in an approximately 30% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9-4.2402.

Tentative Tract Map (2022-70265- TTM): To subdivide one (1) 21.63-acre commercial lot into three (3) parcels to allow the retail component to be sold separately from the hotel component that includes provisions for shared parking, ingress, egress, and amenities:
a. Parcel 1 totaling 20.42 acres,
b. Parcel 2 airspace totaling 0.66 acres, and
c. Parcel 3 airspace totaling 0.49 acres.

Special Use Permit (SUP -2023-70009): T o allow for the sale and consumption of beer, wine, and distilled spirits with food service on the premises within the hotel’s 1,780 square-foot bar and up to 13,308 square feet of restaurant uses with up to 5,204 square feet of exterior patio space.

RECOMMENDATION:

That the Planning Commission adopt Resolution s (Attachment #s 4, 5, and 6) based on the findings and subject to the conditions contained therein recommending that City Council:

1. Certify the Final Environmental Impact Report (CEQA-2022-70002) and Mitigation Monitoring and Reporting Program in accordance with CEQA;

2. Adopt an Ordinance approving a Zone Change ( 2021-70997-Z) (Attachment #4);
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3. Adopt a Resolution approving a Development Permit (2022-70079-DP) and Tentative Tract Map (2022-70265-TTM) (Attachment #5); and

4. Adopt a Resolution a pproving a Special Use Permit ( SUP-2023-70009) (Attachment #6).

PLANNING COMMISSION REVIEW:

Section 9 -4.2914 of the Thousand Oaks Municipal Code (TOMC) requires the Planning Commission (Commission) to make a recommendation to the City Council (Council) for all proposed Zone Changes initiated by verified applications.

Council Resolution No. 2022 -003 initiated a Zone Change and authorized concurrent processing of entitlement applications for the proposed project requiring the Commission to make a recommendation to Council for the whole of the entitlement request.

Section 9-4.2105 of the TOMC requires approval of a Development Permit for a Hotel use in the C-3 zone, and Section 9-4.2804(a)(1) of the TOMC requires the Commission to review proposed developments that do not comply with all of the development standards for the zone, such as the two (2) Waivers requested as part of this project to maintain to building and structural coverage and existing off- street parking.
9-3.702(a)(1) to the TOMC requires the Commission to make a recommendation to Council for the proposed map subdivision consistent with the requirements of the Subdivision Map Act and the TOMC.

Section 9 -4.2105 of the TOMC requires approval of a Special Use Permit for restaurants, cafes, and other special ized food service establishments with alcoholic beverage consumption up to and greater than 0.5% alcohol by volume in the C-3 zone.

The associated Landscape Plan Check is an administrative process that will be implemented as a project condition of approval.

As the project includes a Zone Change, the Council is required to make the final decision on each of the above-described entitlement applications, with a recommendation from the Commission.

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The Commission may recommend approval of the Development P ermit if the following findings (1-4) can be made , and the Commission may recommend approval of the Special Use Permit if the following findings (1-5) can be made:

1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan;

2. The project complies with all applicable laws, regulations and policies, including the TOMC;

3. The project will not be detrimental to the public health, safety or general welfare;

4. The project has been reviewed in conformance with the provisions of the CEQA;

5. The proposed use at the proposed location will be compatible with land uses in the vicinity.

The Commission may recommend denial of the map if any of the following findings can be made:

1. That the proposed map is not consistent with the applicable General and Specific Plans;

2. That the design or improvement of the proposed subdivision is not consistent with the applicable General and Specific Plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damages or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; and

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision or with public access to public resources as defined and regulated by Sections 66478.1, et seq. of the Subdivision Map Act. In this connection , the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided and that they will be substantially equivalent to easements previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority shall be granted to a legislative body to determine that the public at large has acquired easements for access through, or the use of, property within the proposed subdivision.

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Staff has included suggested findings and draft conditions of approval, including the Environmental Impact Report’s Mitigation Measures, that ensure compliance with these findings. The recommended findings and suggested conditions of approval are incorporated in the attached Resolutions (Attachment #s 4, 5, and 6).

BACKGROUND:

Project Site and Setting
The project site is located at 225 North Moorpark Road within the existing Janss Marketplace, which is an approximately 611,000 square-foot (SF) shopping center served by existing utility infrastructure and contains retail establishments, a gym, a movie theater, restaurants, and a four -story parking structure on approximately 38-acres. The site is bound by North Moorpark Road to the east, West Hillcrest Drive to the south, West Wilbur Road to the west, and Brazil Street to the north (see Figure 1). The whole of the Janss Marketplace contains 2,642 existing shared parking spaces. The location of the proposed hotel contains an existing building with a two-story volume, which was previously a Marshall’s department store until 2017 and dental offices until 2019.

Figure 1: Existing Conditions
Source: GIS 2023, 2022 Aerial Image
Ornamental landscaping exists on the project site including a variety of groundcover, shrubs, vines, and trees such as Ponderosa Pine, Callery Pear, and Southern Magnolia trees. No landmark trees occur on-site.

Project Site
Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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The topography of the Janss Marketplace descends approximately 40 feet across approximately 1,640 feet ( an approximately 2.5% slope) from West Wilbur Road in the northwest corner of the development to the intersection of West Hillcrest Drive and Sears Drive in the south -center portion of the development . The topography at the location of the proposed hotel is flat (Figure 2).

Figure 2: Site Topography
Source: GIS 2023
The project site is in the C -3 zone, an d two portions of the site are in the C-3-H (maximum height up to 75 feet) zone, the project would introduce a third portion of the site within the C-3-H (maximum height up to 75 feet) zone. The project site is surrounded by the following uses (see below – Figure 15):
• North: To the north, the project site and the Janss Marketplace are bounded by Brazil Street. Commercial Uses are to the north of Brazil Street, including, but not limited to, Sparkling Image Car Wash, Chick -fil-A Fast Food, and Five Guys Fast Food which are in the C-3 zone. • South: The project site and the Janss Marketplace are bounded by a large surface parking lot to the south, followed by West Hillcrest Drive.

Commercial uses are south of West Hillcrest Drive, including, but not limited Project Site
Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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to, Chuck E. Cheese Pizza and Goodwill Retail Store and Donation Center which are in the C-3 zone and C-3-H (maximum height up to 75 feet) zone. • East: The project site and the Janss Marketplace are immediately bounded by a large surface parking lot to the east. North Moorpark Road is adjacent to the parking lot. Commercial Uses are to the east of North Moorpark Road, including, but not limited to, Best Buy, Total Wine and More, and Ross Dress for Less which are in the C-3 zone.
• West: To the west, the project site is bounded by West Wilbur Road. To the west of West Wilbur Road, uses include a variety of commercial and office uses which are in the C-3 zone, C-3-H (maximum height up to 75 feet) zone, and C-O (Commercial Office) zone.

Existing development within the Janss Marketplace ranges between one- and four- story (259 North Moorpark Road). Existing commercial and office buildings in the immediate vicinity range between one- to five-story (225 West Hillcrest Drive).

The Janss Marketplace is located approximately 850 feet from the centerline U.S. 101 with access directly from North Moorpark Road, and the Janss Marketplace includes direct access from North Moorpark Road, West Hillcrest Drive, West Wilbur Road, and Brazil Street. The Janss Marketplace contains an interior access road for vehicles and a pedestrian walkway internal to the Janss Marketplace. The site is within walking and biking distance to existing commercial and neighborhood- serving retail uses. The project is an infill development located near transit stops (Route 42 and Route 41 run by City of Thousand Oaks). Public transit areas (bus stops) are available along the North Moorpark Road, West Wilbur Road, and the Janss Marketplace’s interior access road adjacent to the proposed hotel’s location.

Bus services connections along Thousand Oaks Boulevard, Hampshire Road, Hillcrest Drive, Moorpark Road, Westlake Village, and the Thousand Oaks Transit Center. Bicycle lanes are located along the Hillcrest Drive and West Wilbur Road in this area. Conejo Community Park is the nearest public park at 1175 Hendrix Avenue, approximately 0.9 miles from the project site.

Past Actions

Prior to site development, the project site was utilized for agricultural purposes.

On December 14, 1959, the Ventura County Planning Commission approved a Planned Development Permit (PD -34) for the “Conejo Village Shopping Center” which was the first ma ll established in the City with buildings in the center of the Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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site and surface parking on the east and west sides of the buildings (Figure 4). The underlying map, Tract Map No. 1229, was recorded on April 29, 1960.

Between 1965 and 1994, the Conejo Village Shopping Center grew, adding department stores, general and specialty retail, restaurants, and offices, and modifications were made to the circulation and parking areas.

In March and April 1994, the Commission and Council approved a Height Overlay, Major Modification to a Planned Development Permit and a Uniform Sign Program (Z-93-680, PD-34 Major Modification 43, SUP-94-866) setting the stage for a major renovation to transform the Conejo Village Shopping Center i nto the Janss Marketplace. The C-3-H Height Overlay zone applied to portions of the Janss Marketplace allowing an anchor tenant and theater building to exceed the maximum allowable 35-foot height up to 75 feet (Figure 5).

Figure 4: Conejo Village Shopping Center (1959)

Source: PD-34

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Figure 5: Janss Marketplace (1994)

Source: PD-34 Mod 43

Since 1994, t he Janss Marketplace has continued to evolve, modernizing the buildings as tenant’s and community’s commercial needs continue to shift.

Application Process

On October 26 , 2021, a n application was submitted requesting the Council to initiate a Height Overlay Zone Change to allow the hotel to exceed the maximum allowable 35-foot height up to 75 feet (Z 2021-70997) and authorize concurrent processing of entitlement applications for the Janss Marketplace Hotel Project. On January 11, 2022, the Council adopted Resolution 2022 -003 initiating a Zone Change Height Overla y and authorizing concurrent processing of entitlement applications (Attachment #7).

Between January 31 and December 14, 2022, the applicant submitted the subject formal applications, which are listed in this report’s “Request” section.

On February 17, 2023, a Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) and associate Scoping Meeting for the Janss Marketplace Hotel Project was filed with the State Clearinghouse (SCH Number 2023020431),

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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published and mailed . T he NOP was circulated for 30 -days for public review between February 17 and March 20, 2023, and the Scoping Meeting was held on March 1, 2023.

On March 2, 2023, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; and on August 10, 2023, a Notice of Application sign was posted on the subject property.

On August 11, 2023, a Notice of Completion (NOC) was provided to the State Clearinghouse (OPR), Responsible and Trustee Agencies. On August 11, 2023, a Notice of Availability (NOA) was published in the VC Star, filed with the Ventura County Clerk and circulated to the OPR, Responsi ble and Trustee Agencies, adjacent city agencies, the general public and other interested parties giving notice to the general public and all interested parties that the project Draft EIR was being circulated for 45-days for public review between August 11 and September 25, 2023.

On October 6, 2023, the Notice of Hearing was published, mailed and posted on the subject property.

Project Goals and Objectives

The applicant’s goals and objectives of the proposed project are to:

1. Enhance the City of Thousand Oaks and Janss Marketplace, by creating an aesthetically pleasing hotel that is compatible with existing adjoining uses to serve the local community.

2. Revitalize Janss Marketplace by replacing outdated dormant building structures, with a fresh, modern building and design.

3. Provide local employment, with career advancement opportunities.

4. Provide needed overnight and extended stay services to residents, business groups, and tourists within the City of Thousand Oaks.

5. Provide shopping, dining, recreati onal, and assembly opportunities within the City of Thousand Oaks.

6. Strengthen the City’s commercial core by providing local quality lodging for residents, business groups, and tourists.

7. Create a financially viable hotel capable of serving a wide range of guests.

8. Provide fiscal and economic benefits to the City by adding local amenities to the community.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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Project Description

Building Form and Design

The proposal involves a five-story, 216-room, approximately 133,000 square-foot hotel as shown in the project plans (Figure 6). The building footprint would cover approximately 36,300 square -feet (0.83 -acres). The structure would be rectangular-shaped, apart from a diagonal cutout adjustment at the northwest corner of the footprint to accommodate a curve in the access road to the west of the property. The structure would include an open -air courtyard within the center of the building composed of two levels, the first floor consisting of a patio and special event area, and the second floor consisting of a pool deck.

The first-floor square footage would be split between hotel and retail space, with the hotel occupying approximately 17,500 square -feet of indoor space and approximately 5,200 square-feet of an outdoor courtyard, totaling 22,700 square - feet of hotel use on the ground floor. The retail space would occupy approximately 13,300 square-feet, and up to appro ximately 5,200 square feet of exterior patios could be installed for future retail tenants (Figure 7).

Figure 6 – Site Plan

Sheet A-1.1, Attachment #8

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Figure 7 – First Floor

Sheet A-2, Attachment #8

Primary components of the first floor would include a front desk and hotel management offices, a sundry store for hotel guests, three meeting rooms, a bar, a commercial kitchen and dining room, a fitness room, restrooms, two laundry rooms, and work areas. The courtyard on the first floor would inclu de a special event area and patio with outdoor dining. The remaining space on the first floor would be occupied by retail and a service corridor on the northern and eastern sides of the building. The main entrance for the hotel would be located on the western side of the building, setback from the access road. A secondary entrance for the hotel would be located on the eastern side of the building, accessed from the pedestrian walkway internal to the Janss Marketplace. The retail spaces would be accessible along the north and east sides of the building.

The remaining floors would be approximately 28,900 square feet each, and the second floor would have an outdoor pool, deck, and planter area of approximately 2,300 square feet. The 216-room hotel would have 173 king rooms and 43 double- queen rooms (Figures 8 & 9).

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Figure 8 – Second-Floor

Sheet A-3, Attachment #8

Figure 9 – Third, Fourth, and Fifth-Floor

Sheets A-4 – A-6, Attachment #5

The building would have a flat roof with parapet walls , mechanical equipment screen walls, elevator shaft, enclosed stairways, and an architectural element to give architectural interest. As shown in the east, north and west elevations below

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(Figures 10, 11 & 12), the ground floor would be twenty feet (20’) tall, the second through fifth floor would each be 10 feet (10’) tall, with the roof at sixty feet (60’) (blue line). A four -foot (4’) parapet wall wraps the edge of the building bring the height to sixty-four feet (64’) (pink line). Two ten-foot (10’) mechanical equipment screen wall s, placed approximately thirty feet (30’) back from the edge of the building, rise from the roof to a maximum height of seventy feet (70’) (green line).

A decorative architectural element, consisting of a roof cover opened to the sides, is located between sixty-eight feet (68’) and approximately seventy -one feet (71’) (orange line). The enclosed stairways, giving the Fire Department access to the roof, rise to a height of seventy-three feet (73’) (purple line), which is the buildings’ maximum height. As the site is flat, no additional height is added due to grading.

The maximum height limit of the C-3 zone is thirty-five feet (35’) (dashed-red line), and the maximum height limit of the requested C-3-H zone is seventy-five feet (75’) (solid red line).

Figure 10 – East Elevation

Sheet A-8, Attachment #8

Figure 11 – North Elevation

Sheet A-9, Attachment #8

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Figure 12 – West Elevation

Sheet A-10, Attachment #8

Architectural Design

The project’s architectural design is a Contemporary style. The exterior walls of the building are earth -toned colors primarily consisting of off-white, light-browns, grays, and black. The overall structure would be composed of a combination of smooth trowel finish stucco, composite wood siding, concrete porcelain tile, steel storefront doors and canopies, recessed anodized aluminum windows, clear glazing, and wood-timber louvers (Figures 10, 11, 12 & 13). These colors and materials are found th roughout the Janss Marketplace as identified in the colors/material board and inspirational photo board (Attachment #8). Placeholders for public art are included on the building’s façade.

Figure 13 – Conceptual Rendering of Mall Courtyard-Facing Facade

Sheet A-11, Attachment #8

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Hotel Operations & Special Events

The hotel is anticipated to operate 24 hours a day, 7 days a week. The anticipated occupancy for this type of product has seasonal variability but is estimated to operate at approximately 78% occupancy.

As designed, amenities for hotel guests include, bu t is not limited to, full -service restaurant, bar, meeting rooms, banquet room, and special event facilities, sundry shop, a fitness room, guest laundry, business center, a swimming pool, and fire pits. Each guestroom is anticipated to be equipped with a work desk, a built -in refrigerator, microwave, and a flat screen television.

Special events, including weddings, are considered “incidental and accessory uses” to the hotel’s operation and are authorized to occur only within the hotel’s event space and meeting rooms without any additional Planning entitlements if the special event does not exceed a maximum of 250 total attendees and staff members (a permit is required for events exceeding 251 total attendees and staff members). Special events are subject to noise and security conditions. The hotel operator is to coordinate all special events with the Fire Department, Police Department, and Alcohol Beverage Control, and secure permits from those Departments and Agencies, as needed, prior to the start of the special event.

Special events could include live entertainment, but the hotel bar and restaurants are not permitted to have live entertainment or to become a dance establishment or nightclub at this location.

Retail – Outdoor Dining

Up to 5,204 square feet of exterior patio space (subject to compliance with the Building Code and Fire Code) for the benefit of the approximately 13,30 0 square feet of restaurant uses is included in this Development Permit. Unamplified outdoor music is allowed within the outdoor dining areas, but live entertainment, other than unamplified outdoor music is prohibited.

Alcohol

The hotel and restaurants are anticipated to offer the sale and consumption of beer, wine, and distilled spirits for consumption on the premises within the hotel’s approximately 1,780 square -foot bar with food service and up to 13,308 square feet of restaurant uses with up to 5,204 square feet of exterior patio space. Sales, service and consumption of alcoholic beverages is only allowed when f ull meal Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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service is available to patrons and is limited to the hours of 9:00 AM to 1:30 AM each day of the week. The operators would be required to obtain licenses from the State of California Department of Alcoholic Beverage Control.

Landscaping
A conceptual landscape plan has been submitted that demonstrates landscaping would be provided in three primary planters at the southwest and northwest corners of the project groundcover. Landscaping would also include a variety of shrubs in pots located a t the hotel and retail entrances, and around an outdoor seating area at the southeast corner of the structure (Figure 14). A Final Landscape Plan, consistent with the City’s and Fire’s regulations would be processed while the project’s construction plans are being reviewed.

Figure 14 – Conceptual Rendering of Mall Courtyard-Facing Facade

Conceptual Landscape Sheet 1 of 1, Attachment #8

There are no protected trees currently onsite. A total of 13 existing trees are to be removed, including Ponderosa Pine, Callery Pear, and Southern Magnolia.

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Lighting

A combination of wall-mounted, recessed, and emergency light fixtures would be installed to provide lighting in the outdoor areas and at entrances. The hotel entrances would have wall-mounted cylinder downlights, square recessed downlights, and slim wall pack wall -mounted fixtures. The hotel’s internal event and pool areas would have outdoor architectural emergency light fixtures and E26 base string lights. The east and north facing walls of the building would have architectural features that include hardwired ribbon lights and recessed linear 28 - watt LED lights with spackle flange. The retail entrance areas would have square recessed downlights to illuminate the entrances. Additionally, signage for the hotel and retail spaces, consistent with the City’s municipal code, are anticipated to be installed during the operational phase.

Vehicular Access and Parking

Access to the sit e would continue to be provided from the existing service road along the west side of the current structure. This road can be accessed from West Wilbur Road and North Moorpark Road /Brazil Street. A drop off lane would be located at the front of the hotel’s west en trance. The project would include clear space for a fire truck on the north side of the building. There are three loading facilities within close proximity to the hotel.

No new parking spaces are proposed as part of the project . Parking would be provided utilizing the existing 2,642 shared parking spaces within Janss Marketplace. The Janss Marketplace permits do not restrict any parking spaces to any particular use or tenant. I t is expected that the hotel guests would predominantly park in the parking s tructure’s approximately 1,396 spaces as the parking structure is conveniently located adjacent to the project site.

Pedestrian Access and Walkability

The project includes direct pedestrian access to the hotel and retail/restaurant spaces from the existing Janss Marketplace pedestrian circulation system.

The project is within a short walking distance of many commercial centers offering dining, retail, grocery, professional, and recreation uses, thus reducing the potential number of vehicle trips from the project.

As conditioned, t he project is to provide up to 38 short- and up to 38 long-term bicycle parking.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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Grading

The project would require grading onsite to allow for project implementation, but significant changes in finish elevations are not expected. Project grading, following demolition of the existing use, would involve a 52,576 square -foot (1.21 -acre) project disturbance area. Pedestrian paths of travel on the north, east and west sides of the hotel are anticipated to be improved. It is anticipated that site grading would require eighty-four (84) cubic yards cubic yards of cut, twenty-eight (28) cubic yards of fill, and the export of fifty-six (56) cubic yards of soil. No soil will be imported. Pile driving is not required to construct the hotel.

Drainage

The proposed project is anticipated to include minimal drainage improvements, such as upgraded filtration, to be consistent with the City’s stormwater regulations.

The existing project area of disturbance is already developed for commercial use and current drainage flows to the west, toward the drive aisle located west of the building, and into a nearby catch basin. The proposed drainage pattern would match the existing conditions and runoff would flow west into nearby catch basins.

The impervious area would remain approximately the same as existing conditions, so runoff flow rates and volumes would be similar to the existing conditions.

Airspace Subdivision

An airspace subdivision is proposed to allow the retail component to be sold separately from the hotel component. The 21.63-acre parcel’s airspace is to be subdivided into three parcels for property conveyance and financial purposes.

Parcel 1 (Master Ground Lot) would total 20.42 acres, Parcel 2 (hotel) would total

0.66 acres, and Parcel 3 (commercial) would total 0.49 acres. Reciprocal access, parking, utilities, and amenities are to be provided to all parcels throughout the Janss Marketplace. The airspace subdivision has been designed to be in compliance with Fire Code and Building Code standards.

Construction

Implementation of the project would occur over the course of approximately 18 months. Building activities are anticipated to begin in spring of 2024 and the anticipated opening date is winter of 2025.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

A construction staging area is proposed t o be located southwest of the project’s footprint, within an area utilized for trash facilities/enclosures. The project includes a preliminary safety plan which identifies temporary protected walkways for both construction workers and Janss Marketplace emp loyees and visitors. The protected walkways and associated signage are intended to minimize interruptions to surrounding businesses and isolate contractors, power tool utilization, and products of demolition and construction from the public. These protected walkways would be installed on the north by northeast and southeast sides of the construction zone, and would be composed of medium load, select-wood sheeting covered scaffolding. Chain link fencing would also be installed on the north by northwest and s outhwest sides of the construction zone to isolate construction equipment and activities. Gated access for commercial ingress and egress would be secured by lock and chain. If needed, spotter employees may also be stationed outside of the construction perimeter to assist with traffic control during higher risk construction phases.

EVALUATION:

Consistency with the General Plan

The General Plan land use designation for the subject property is Commercial, which encourages hotel, retail, restaurant (including ancillary on -site sale and consumption of alcoholic beverages), and similar uses. The project is consistent with the General Plan as the project consists of hotel, retail and res taurant uses within a commercial area, is located within a district that has other commercial uses and is on a site that has easy access to the Ventura Freeway Corridor. The Project provides commercial employment opportunities.

The project was reviewed f or its consistency with the General Plan as part of the EIR process. Specifically, two tables specify how the project is consistent General Plan Goals and Policies:

1. EIR Table 5.1-1 “Project consistency with Relevant General Plan Policies” (Attachment #10, Section 5.1, Pages 5.1-28 through 5.1-30), and

2. EIR Table 5.10-2 “General Plan Consistency Analysis” (Attachment #10, Section 5.10, Pages 5.10-15 through 5.10-17)
These tables are also incorporated into Resolution (Attachment # 5).

The City is in the process of completing the 2045 General Plan Update . An updated, ‘preferred alternative’ Land Use Map was endorsed by Council in May 2021, but updates to the Land Use Map wil l not go into effect until the draft 2045 Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

General Plan Update is approved. The Preferred Land Use Map would change the General Plan land use designation for the project site to “Mixed-Use,” which would “provide for neighborhood- serving goods and services and multifamily residential in a mixed -use format (vertical or horizontal) or as stand -alone projects”. The proposed project is consistent with the hotels, retail, and restaurant uses which are anticipated to be allowed within the Mixed -Use land u se designation; with the proposed Floor-Area-Ratio (FAR), at 38-acres would allow up to 1,655,280 square feet of commercial development, and the maximum height of 75 feet where specified by a Height Overlay. The project is approximately 0.30 miles from Thousand Oaks Boulevard and is in proximity to local transit opportunities and non- vehicular modes of transportation. The project would encourage development at a currently underutilized site with additional retail area on the first floor, hotel restaurant and bar, event space, and associated hotel rooms and fitness areas.

Therefore, the project would be consistent with the proposed “key strategies” of the draft 2045 General Plan.

Consistency with the Economic Development Strategic Plan

The proposed project is complimentary to Thousand Oaks 2017 Economic Development Strategic Plan Real Estate/Zoning strategic recommendation as the project implements a mix of uses at the Janss Marketplace to help replace the loss of larger department stores and big box retail ers. The project is also complimentary to Thousand Oaks Economic Development Strategic Plan Public/Private Investment strategic recommendation as the project reinvestments in a key commercial center which will be a major contributor to the tax base. The project is anticipated to contribute to the fiscal health of Thousand Oaks. In particular, the development is anticipated to result in short -term economic growth during the construction of the facility and generate long-term growth through the collection o f Transient Occupancy Taxes (TOT) . Collectively, these actions are anticipated to contribute to the fiscal health of Thousand Oaks.

Consistency with the Zoning

The project site is in the C -3 zone, an d two portions of the site are in the C -3-H (maximum height up to 75 feet) zone, the project would introduce a third portion of the site within the C-3-H (maximum height up to 75 feet) zone.

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October 23, 2023

The project, as designed, was reviewed for consistency with the C-3 and C -3-H zones and other TOMC development standards including, but not limited to, use, height, setbacks, parcel size, building coverage and parking as part of the EIR process. Specifica lly, EIR Table 5.1 -2 “TOMC Consistency Analysis Governing Scenic Quality” (Attachment #10, Section 5.1, Pages 5.1 -39 through 5.1-42; and incorporated into Attachment # 5) specifies the project is consistent C-3 and C-3- H zones (upon approval of the propose d Zone Change) with the exception of Building and Structure Coverage and Off -street Parking. As part of the DP, t he Commission has the authority to grant Waivers of the TOMC standards (discussed below).

The project site is a through -lot, meaning it has t wo front and two side yard setbacks. The C-3 zone identifies measurable setbacks for the front and side yard setbacks. As shown below in Table 1, the project complies with the minimum front and side yard setbacks.

Table 1: Required Setbacks

DEVELOPMENT

STANDARD REQUIRED EXISTING LOT
LINES

PROPOSED LOT LINES
(LD 2021-70479 & 2022-
70265-TTM)

COMPLIES
Front (east
along North
Moorpark Road)
100 feet from
the centerline
of a public
street.

Approximately
550 feet from
the centerline of
North Moorpark
Road.

Approximately 550 feet
from the centerline of
North Moorpark Road.

Approximately 205 feet to
boundary of LD 2021-
70479’s Parcel 1.

Yes
Front (west
along West
Wilbur Road)
100 feet from
the centerline
of a public
street.

Approximately
350 feet from
the centerline of
West Wilbur
Road.

Approximately 350 feet
from the centerline of West
Wilbur Road.

Yes
Side (north)
None, unless
abutting a
Residential
zone.

Abuts the C-3
zone.

Approximately
390 feet at the
closest point.

Abuts the C-3 zone.

Approximately 25 feet to
boundary of LD 2021-
70479’s Parcel 1 at the
closest point.

Yes
Side (south)
None, unless
abutting a
Residential
zone.

Abuts the C-3
zone.

Approximately
490 feet at the
closest point.

Abuts the C-3 zone.

Approximately 490 feet at
the closest point.

Yes
Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

Height Overlay

The TOMC indicates that height in the C -3 zone shall not exceed thirty -five feet (35’) in height unless a subject property is designated within the “Height Limit Overlay Zone (H).” TOMC Section 9-4.3300 states “The H or Height Limit Overlay Zone is intended to be applied as an overlay zone of the C -1, C-2, C-3, M-1, and M-2 Zones on properties where it may be appropriate to consider a waiver of the building height limit specified by the underlying commercial or industrial zone to a maximum of seventy -five (75') feet .” Zoning overlays are an additional layer of planning controls that are applied to properties as tailored zoning districts, with a specialized set of regulations. The height overl ay is consistent with the current General Plan as it would increase the diversity of uses within the Janss Marketplace and promotes the efficient use of land through concentrated development. The height overlay is also consistent with the draft 2045 General Plan Update that allows a maximum height of 75 feet on this property subject to approval of a Height Overlay.

Presently, there are two portions of the Janss Marketplace designated with a C-3- H zoning overlay, which allows development up to a maximum of seventy-five feet (75’). Currently, three structures exceed thirty -five feet (35’) within the Janss Marketplace, an additional structure to the west of the Janss Marketplace exceeds thirty-five feet (35’) , and another C -3-H zoning overlay exists to the s outh of the Janss Marketplace (Figure 15):
• 285 North Moorpark Road (currently vacant; previously occupied by Burlington Coat Factory), directly adjacent to the project site with a maximum height of forty-four feet (44’).
• 255 North Moorpark Road (currently Regal Cinema), directly adjacent to the project site with a maximum height of forty feet six inches (40’ 6”). • Four-story parking structure, directly adjacent to the project site with a maximum height of forty-seven feet and nine inches (47’ 9”). • 225 West Hillcrest Drive (originally Exxon Corporation regional headquarters) with a maximum height of sixty-nine feet and ten inches (69’ 10”).

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

Figure 15: Surrounding Zoning

Source: GIS 2023

The proposed development is located within a commercial core area of the city , within the center of the Janss Marketplace, and it is designed to integrate into the Janss Marketplace and surrounding built environment. As part of the EIR analysis, peer reviewed line -of-sight studies were conducted to identify the proposed building height within the existing context (Attachment #10, Section 5.1, Pages 5.1- 13 through 5.1-25, Line of Sight Exhibits 5.1 -2a through 5.1 -2g). Based on the location of the hotel within the Janss Marketplace (surrounded by commercial structures, a four-story parking garage, and landscaping), the hotel is not readily visible from public vantage points or scenic corridors (Figures 16 through 20).

Project Site
73’ 0”
285 North Moorpark
44’
Parking Structure
47’ 9”
C-3-H Zone
255 North Moorpark
40’ 6”
225 West Hillcrest
69’ 10”
Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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Figure 16: Surrounding Zoning - Line of Sight 21

Source: EIR, Exhibit 5.1-1c, Attachment #10

As seen in Line of Sight 2, the view of the hotel is largely blocked from public view by existing topography, signage, and landscaping.

Figure 17: Surrounding Zoning - Line of Sight 52

Source: EIR, Exhibit 5.1-1f, Attachment #10

As seen in Line of Sight 5, an incremental view of the hotel can be seen when turning into the Janss Marketplace’s eastern parking field while still maintaining a view of Fireworks Hill.

1 Line of Sight 2 represents public views of the project site while traveling westbound along East Hillcrest Drive. 2 Line of Sight 5 represents views of the hotel while traveling westbound from North Moorpark Road.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

Figure 18: Surrounding Zoning - Line of Sight 11

Source: EIR, Exhibit 5.1-1b, Attachment #10

Figure 19: Surrounding Zoning - Line of Sight 32

Source: EIR, Exhibit 5.1-1d, Attachment #10

As seen in Line of Sight 1 and 3, the view of the hotel is largely blocked from public view by existing development.

1 Line of Sight 1 represents public views of the project site while traveling southbound along North Moorpark Road. 2 Line of Sight 3 represents views of the hotel while traveling eastbound from the West Wilbur Road/Marin Street.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

Figure 20: Surrounding Zoning - Line of Sight 61

Source: EIR, Exhibit 5.1-1g, Attachment #10

As seen in Line of Sight 6, the view of the hotel is almost entirely blocked from public and private view by existing topography, structures, and landscaping.

Staff supports the Height Overlay request as it would be located in an area with two-story to five-story massing. The construction of a new hotel with a five -story massing would not create a conflict of scale, intensity, or use. The existing Janss Marketplace physical development as seen from the public vantage points would largely be unchanged when the project is constructed.

Building Architecture

The project’s architectural design is a Contemporary style (Figures 10, 11, 12 & 13). The existing Janss Marketplace physical development as seen from the public vantage points would largely be unchanged when the project is constructed; however, the building would be noticed from within the Janss Marketplace.

The objective of the proposed architecture, art murals, lighting, and landscaping is to provide continuity with the surrounding urban development as well as provide a distinct visual impression and building identity, soften the urban experience, and

1 Line of Sight 6 represents views of the hotel while traveling northbound from the West Hillcrest Drive/Conejo Boulevard.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

provide complimentary aesthetic standards with the surrounding Janss Marketplace. The project’s architect has designed the hotel in accordance with these principles:

1. Unique Focus: exterior focus composed of key elements that highlight the building’s exterior, break up the elevations, and relate to the local environment.

2. Transparency: visual connection from front to back creates a sense of openness and allows for maximum natural light to permeate the interior spaces.

3. Changes in Material: building façade’s materials are applied in a simple and systematic manner that allows for changes in depth, color, and texture. The budling base m aterials should provide a durable, strong finish that serves to anchor the building to the site.

4. Highlight Arrival: as both a visual wayfinding component and a memorable experience, the drop-off area should be highlighted through the architecture and intentionally placed lighting. The use of a unique accent material and a strong architectural feature element focuses the attention on the main arrival area.

5. Calm Color Palette: The materials used on the exterior of the building should be a warm mix of neutrals highlighting different textures and finishes.

All material choices should speak to the regional and local context of the property.

The architectural design of the building reflects the commercial vernacular of the Janss Marketplace. The base rectangula r shape of the building is found throughout the Janss Marketplace. The five -story building would be directly adjacent to 285 North Moorpark Road with a four -story massing, the four -story parking structure, and retail buildings with a two -story massing. T he building’s form has strong horizontal elements and pedestrian-scaled geometric forms which break up the massing of the structure. Horizontal and vertical articulation, recessed storefront and windows, and canopies will provide shadow lines which will fu rther offset the massing. The hotel’s angular architectural elements introduce a playful touch and a unique language to this building. The roof cover opened to the sides is designed to give architectural interest without increasing the building size, mass, or scale.

Retail uses would have glass storefronts with architectural façade treatments, and hotel entrances would provide a porte cochere (structural overhang) over the driveway and pedestrian walkway (at the service road entrance only), soft lighting, Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

potted landscaping, and pavement enhancements providing pedestrian -friendly atmosphere.

The hotel design includes many design features found throughout the Janss Marketplace, including glass storefront systems, metal canopies with negative spaces for light, wood louvers, and material transitions (stone/tile, composite wood, and stucco). The hotel’s entrance along the Janss Marketplace pedestrian walkway incorporates a thick facia form giving a direct nod to the Janss Marketplace pedestrian walkway canopy. The project’s colors and materials are found throughout the Janss Marketplace as identif ied in the colors/material board and inspirational photo board (Attachment #8) which further integrates the project into the Janss Marketplace. Additionally, placeholders for public art are included on the building’s façade which compliments the Janss Mar ketplace display of art throughout the shopping center.

Collectively, the building simultaneously blends into and stands out from the Janss Marketplace. Design features incorporated into the building design result in a visually interesting and attractive design. The proposed building articulation, rooftop screening, and other architectural design features would provide visual articulation of the building massing. The proposed building materials, architecture, placeholders for public art, and landscaping would provide visual compatibility with the character of the site and surrounding area and enhance pedestrian scale.

As the closest edge of the Janss Marketplace is located approximately 750 feet from U.S. 101 and 850 feet from the centerline of U.S. 101 , the proj ect was reviewed for consistency with the City’s Guidelines for development within the corridors of Route 101 and 23 Freeway as part of the EIR process, specifically within EIR Table 5.1 -3 “Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways” (Attachment #10, Section 5.1, Pages 5.1 -42 through 5.1 -48). The project was found to be consistent with the Guidelines. This table is incorporated into Resolutions (Attachment #s 4, 5, and 6).

Landscape Architecture

Ornamental landscaping exists on the project site including a variety of groundcover, shrubs, vines, and trees such as Ponderosa Pine, Callery Pear, and Southern Magnolia trees. No landmark trees occur on-site.

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A total of 13 existing tree s would be removed, including Ponderosa Pine, Callery Pear, and Southern Magnolia trees, to accommodate the construction of the new hotel. However, new trees , shrubs, and groundcover within planters at the southwest and northwest corners of the project site and pots would be installed.

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

Compatibility with Surrounding Uses

Staff finds the overall structure is compatible with the Janss Marketplace and integrates into the existing surrounding development. The proposed structure at 146,2901 square feet would displace a vacant 35,513 square -foot retail space within the 611,049 square-foot Janss Marketplace resulting in a 721,826 square - foot development.

The five-story project would fit within the existing urbanized area which consists of one- through four-story structures within the Janss Marketplace and one - to five- story buildings in the immediate vicinity. Additionally, the project site and properties to the west and south are within the C-3-H height overlay which have the potential to construct commercial buildings up to a maximum height up to 75 feet.

The project is consistent with the City’s Commercial Arc hitectural Design Guidelines and Standards (Resolution No. 2005 -011) and Freeway Corridor Guideline by using unified design elements throughout the development. The project meets the intent of the goals and policies pertaining to community design for the p roject site. The proposed project includes design features that would create a sense of place that is unified and attractive. As such, the project meets the intent of the aesthetic character/quality for the site per the City’s General Plan policies and Municipal Code regulations governing scenic quality.

The proximity to the commercial areas within the Thousand Oaks Boulevard Specific Plan (SP -20) area, 401 West Hillcrest Specific Plan (SP -17), Conejo Community Park, bus services, nearby commercial, office and multi -family uses, and the development encouraged within the draft 2045 General Plan Update at the

1 216-room hotel is ~132,982 square feet. The retail space is 13,308 square feet.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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currently underutilized site make the subject site highly suited to the proposed use and density.

Waivers

Building and Structure Coverage

The existing building and structure coverage within the 38-acre Janss Marketplace is approximately 35% consisting of an approximately 28. 45%1 building coverage and an additional 6.4%2 parking structure coverage.

Upon demolition of the approximately 35,500 square feet of commercial development, building coverage will be reduced to 26.31% 3, and after the hotel is constructed, with a larger 36,300 square-foot building footprint, building coverage will increase to 28.50%4.

Staff supports granting the maximum Building and Structure Coverage Waiver to maintain an approximately 35% building and structure coverage above the prescribed 25% building and structure coverage as otherwise required by TOMC Section 9 -4.1404(b) because the additional 800 square -foot footprint would be imperceptible in the context of the existing approximately 611,000 square feet of development in the Janss Marketplace. The creation of three airspace subdivision parcels will not alter the building coverage statistics.

Off-street Parking

Section 9-4.2403(b) of the TOMC specifies that, in a project with more than one type of use, the total requirement for off -street parking shall be the sum of the requirements for the various individual uses, unless the Commission or Council approves the shared use of parking spaces. Alternating (shared) use of parking facilities may be appropriate in cases where certain uses generate peak parking demands during hours when other uses are not in operation or generate lower demand. The appl icant is seeking approval of a shared parking program based upon different peak hours of parking demand for the different uses in the project.

1 = (~471,000 SF building footprint)/(~38 acres) = 28.45% building coverage. 2 = (~106,000 SF parking structure footprint)/(~38 acres) = 6.4% structure coverage. 3 = (~435,500 SF building footprint)/(~38 acres) = 26.31% building coverage. 4 = (~471,800 SF building footprint)/(~38 acres) = 28.50 % building coverage.

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October 23, 2023

The TOMC specifies that the burden of proof for a reduction in the total number of required parking spaces is on the applicant and that sufficient documentation shall be submitted justifying a reduced quantity of parking. The use of a shared parking arrangement has previously been approved for the Janss Marketplace.

In compliance with requirements of the TOMC, the applicant has submitted the attached shared parking analysis prepared by the applicant's Traffic Engineers, Kimley-Horn and Associates dated October 4, 2023 , to demonstrate that the supply of off-street parking is adequate to meet demand (Attachment #9).

Per a strict application of the TOMC, a total of 3,146 parking spaces are required under current conditions, but the Janss Marketplace has a total of 2,642 parking spaces which are currently shared between all parcels within the Janss Marketplace. This re sults in a 16% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9-4.2402.

The project is not providing any additional parking spaces to the 2,642 shared parking spaces within the Janss Marketplace. A total of 3,767 parking spaces would be required for the existing Janss Marketplace plus the Janss Marketplace Hotel Project if shared parking was not utilized . This results in a 30% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9 -

4.2402.

The primary reason for shared parking is to reduce the number of spaces to a reasonable number which satisfies demand, not to a total that is less than necessary. The provision of an ample supply of parking lots is important to avoid a deficiency which would adversely impact nearby parking lots and public streets and conflict with the intent and purpose of the TOMC.

Both the City’s Planning Division and Traffic Division have reviewed the an alysis prepared by the applicant' s consultant and concurs with the findings. According to the shared parking analysis:

1. Actual parking usage data was collected which demonstrated the peak parking occupancy did not exceed forty -two percent (42%) of all avai lable parking spaces.

2. As the Janss Marketplace is approximately fort y percent (40%) vacant, demand counts were calibrated to project parking demand at one hundred percent (100%) occupancy of available spaces for allowable uses. Peak parking demand for the Janss Marketplace at one hundred percent (100%) Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

occupancy plus the project resulted in a total parking demand of 1,933 parking spaces.

3. The hotel’s peak hour parking demands occur in the evening while the Janss Marketplace’s peak parking demands occur in the day.

4. The 2,642 shared parking spaces can accommodate a parking demand of 1,933 parking spaces.

It is Staff's position that the analysis represents a conservative estimate of parking demand.

Staff supports granting the maximum Off-street Parking Waiver to maintain the existing 2,642 parking spaces, below the required 3,767 parking spaces for the existing Janss Marketplace plus the Janss Marketplace Hotel Project, resulting in an approximately 30% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9 -4.2402 because the 2,642 shared parking spaces can accommodate a parking demand of 1,933 parking spaces as demonstrated in the shared parking analysis.

The project has been conditioned to update the reciprocal parking agreements to ensure the project has access to parking facilities. Additionally, the project has been conditioned to prepare a “Parking Management Program” to:

1. Establish loading and unloading zones for guests and deliveries;

2. Implement a valet program for hotel special events; and

3. Include items to reduce auto dependency such as shuttles, auto sharing, bike sharing, ridesharing and, education/information programs with guests.

Access and Traffic

The project would maintain the existing pedestrian and vehicular circulation pattern in the Janss Marketplace. The project site would be accessible through existing driveways at the Janss Marketplace. No changes are proposed to the existing access for the general public; however, a new fire lane would be constructed on the north side of the hotel between the existing interior access road and the north- south pedestrian walkway. The project would not result in inadequate emergency access. Internal circulation would be designed and constructed to City and Fire standards, and would comply with City and Fire width, clearance, and turning - radius requirements.

There is an existing four-story parking structure across a service/access road that would provide parking for the project. The proposed project includes pedestrian circulation improvements to provide greater continuity with pedestrian access Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
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points within the Marketplace. The project would not cause any permanent street closures, block access to any surrounding land use, or cause any change in the existing street grid system.

Traffic

A trip generation analysis has been prepared by the City’s Traffic Division, and a trip generation analysis was prepared by the applicant and peer reviewed by the City’s Traffic Division (Attachment #10, Appendix L). The trip generation analysis determined the net amount of traffic that would be gen erated by the proposed project, with the removal of traffic from the existing use and the addition of traffic from the proposed project. The trip generation analysis determined:
• Based on the existing retail square footage, it is estimated that the existing retail generates approximately 1,314 daily trips, with 30 trips (19 inbound and 11 outbound) in the morning peak hour and 121 trips (58 inbound and 63 outbound) in the evening peak hour.
• It is estimated that the proposed project would generate approximat ely 2,219 daily trips, with 110 trips (62 inbound and 48 outbound) in the morning peak hour and 172 trips (87 inbound and 85 outbound) in the evening peak hour.
• Comparing the existing retail trip generation to the proposed project, including the internal capture credit, it is estimated that the proposed project would generate 724 more trips to the roadway network daily, with 64 more trips in the morning peak hour and 41 more trips in the evening peak hour, compared to existing conditions.

As the proposed project would generate a net increase of 64 AM peak -hour trips and 41 PM peak-hour trips, the project meets the City’s trip generation screening criterion because it generates less than 100 net PM peak-hour trips. Accordingly, the trip generation analysis determined th at VMT impacts resulting from the project are presumed to be less than significant and no mitigation measures are required (Attachment 10, Transportation Section 5.13).

Currently, the City of Thousand Oaks maintains a minimum Level of Service (LOS) C at all signalized intersections, per the General Plan Goals and Policies Resolution 97 -8, except for Rancho Conejo Boulevard at Hillcrest Drive and specific intersections on Thousand Oaks Boulevard, which are required to maintain a LOS D or better, per Resolution 2019 -11. The project is adjacent to the intersection of North Moorpark Road and West Hillcrest Drive. While the project is Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

not required to prepare a Traffic Impact Study because it generates less than 100 net PM peak-hour trips, the Traffic Division conducted an evaluation of the existing LOS at the following key signalized intersections:
• North Moorpark Road/West Hillcrest Drive
• North Moorpark Road/Thousand Oaks Boulevard
• North Moorpark Road /U.S. 101 NB Ramps
• North Moorpark Road /U.S. 101 SB Ramps
The Traffic Division determined all existing intersections currently operate at a LOS “C” or better during morning and evening peak hours.

The applicant will be requir ed to pay the Citywide traffic mitigation fee to help contribute towards the cost of future improvements at the intersections identified in the City's 2019 Traffic Impact Mitigation Fee Nexus Study. In addition, the project conditions require adequate vehicular and pedestrian sight visibility and any necessary traffic control signs and/or striping.

Grading

As depicted on the Grading Plan, the site will require approximately eighty-four (84) cubic yards of cut and forty twenty-eight (28) cubic yards of fill for a net export of fifty-six (56) cubic yards. Using a capacity of sixteen (16) cubic yards per truck, it is estimated that four (4) truck trips will be necessary to haul away the export material. If approved, the applicant will be required to pr ovide a haul route and management plan to the Public Works Department for review and approval prior to commencing grading activities pursuant to the conditions of approval.

Additionally, the TOMC limits construction hours between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday with no work allowed on Sunday, so no grading activities or truck trips are permitted to occur outside these hours.

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Solid Waste Collection

The project includes a new waste enclosure to the southwest corner of the hotel.

The applicant has received preliminary approval from the solid waste management company and Public Works Department for the waste enclosure design and placement of the containers and bulky item pick -up area. The conditions of approval included in the Resolution (Attachment # 5) have specific requirements for bin and solid waste hauling.

Alcohol Special Use Permit

Special Use Permit requests involving on -site sale and consumption of alcoholic beverages involves review of the appropriateness of the activity in relation to surrounding land uses and analysis of parking requirements. All establishments are subject to obtaining approvals, with operational conditions, from the State of California Alcohol Beverage Control, Thousand Oaks Police Department, and Thousand Oaks Community Development Department who all evaluate business operations and uses that may or may not be appropriate at specific locations. In approving a Special Use Permit, project conditions are imposed that are si te- specific to ensure that uses are not in conflict with surrounding properties and uses. Sensitive uses established by TOMC Section 9 -4.2802.5 include:
residences, schools, hospitals, convalescent hospitals, hotels, motels, etc.

The hotel and restaurants are anticipated to offer the sale and consumption of beer, wine, and distilled spirits for consumption on the premises within the hotel’s approximately 1,780 square -foot bar with food service and up to 13,308 square feet of restaurant uses with up to 5,204 square feet of exterior patio space.

The proposed hotel and restaurant locations are in the center of the Janss Marketplace. The Janss Marketplace already contains numerous establishments which serve alcohol. The closest multi-family residential development is located approximately 1,180 feet to the northeast of the project site and separated by the Janss Marketplace development, commercial and office uses to the north, and West Wilbur Road. The potential sale and consumption of alcohol at the p roject site will be compatible with land uses in the vicinity that are predominantly commercial. As the commercial uses will be open to the public, it is anticipated to be an amenity to those living in the adjacent residential development and those working within the Janss Marketplace and surrounding commercial and office uses. Therefore, the project will be compatible with the land uses in the vicinity.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

The proposed hotel has been conditioned to create a Special Events Noise Monitoring Plan, and both the hotel and retail areas are conditioned to ensure noise generated by the project’s bar and restaurants are regulated to ensure that the noise cannot be heard from off -site residential properties during operating hours. Staff finds that the Special Events Noise Monitoring plan and the physical barriers and distance from residential properties are adequate buffers between the hotel and restaurant locations and residentially-zoned properties to minimize any potential disturbance to neighboring properties. Since the sale and consumption of alcoholic beverages is an accessory use to the hotel and restaurant locations and the closest residentially -zoned property to the subject site is approximately 1,180 feet away and buffered by intervening structures, staff supports the subject request.

Additionally, the Thousand Oaks Police Department has reviewed the request, and with the inclusion of the attached conditions, has no objection.

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

As discussed above, the project request includes a Waiver for off -street parking, and supports granting the Waiver because the 2,642 shared parking spaces can accommodate a parking demand of 1,933 parking spaces as demonstrated in the shared parking analysis.

Staff has reviewed the proposed restaurant and lounge with alcohol service use in the context of the Findings contained within TOMC Sec. 9 -4.2803, and has found that the project, as conditioned, would be consistent with these Findings as specified in the draft Resolution (Attachment #6).

ENVIRONMENTAL REVIEW:

In accordance w ith the California Environmental Quality Act (CEQA), a comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project could have a significant effect on the environment without a ppropriate mitigation measures in Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

place, therefore a n EIR (Attachment #s 10 & 11 ) was prepared for the project.

Appropriate measures are detailed in the report to ensure appropriate mitigation is in place so no significant adverse environmental impact results from the project.

To that end, a Mitigation Monitoring and Reporting Program is required to ensure the indicated mitigation measures are applied to the project.

A Notice of Availability was posted with a 45-day public review period for the Draft Environmental Impact Report between August 11, 2023 and September 25, 2023.

Staff did not receive correspondence from any member of the public (non-agency) but did receive public agencies correspondence that include: California Department of Transportation (DOT), Ventura County Air Pollution Control District (VCAPCD), and Ventura County Fire Protection District (VCFD) regarding the DEIR posting, which are included in the Response to Comments (RTC) within the CEQA Findings for the EIR. None of the comments received on the DEIR for this project merit any substantive change to the environmental analysis or conclusions contained in the D EIR. The CEQA Findings for the EIR (Attac hment # 11), including the Mitigation Monitoring and Reporting Program (MMRP) and RTC is included for Planning Commission’s information. Staff is therefore recommending the Planning Commission consider the Final Envir onmental Impact Report prepared for the project in accordance with the California Environmental Quality Act (CEQA-2022-70002).

PUBLIC CORRESPONDENCE

Following the mailing of the Notice of Application on March 2, 2023, and following the posting of the Notice of Application on August 10, 2023, staff received and responded to several phone calls requesting details about the project and communicated concerns regarding parking, height, and general development impacts.

Following the publication of the Notice of Hearing on October 6, 2023 , as of the publication of this staff report, staff has received one phone call regarding traffic and height; however, staff has not received any written correspondence regarding this project. Should any correspondence be received after the publication of the report, it will be provided to the Commission via a supplemental packet.

Janss Marketplace Hotel (2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, SUP- 2023-70009, and CEQA-2022-70002)
October 23, 2023

CONCLUSION:

Staff has evaluated the project in terms of compatibility with the City’s regulations and the surrounding neighborhood. Overall, the proposed projec t has been designed to meet the intent of the City’s standards, codes, and policies. Staff supports the requested Zone Change, Development Plan and two (2) Waivers, and the alcohol Special Use Permit as the project is consistent with the intent of the 1) current General Plan and Draft 2045 General Plan goals and policies, 2) the 2017 Economic Development Strategic Plan recommendations, and 3) the TOMC development standards; the project would be consistent with the scale and character of existing and allowab le development in the vicinity under the same zoning; the development is not detrimental to and would not adversely impact the surrounding development; and the project continues to evolve the Janss Marketplace, modernizing the buildings as tenant’s and com munity’s commercial needs continue to shift. The proposed building design and site layout integrates well with surrounding development and has a cohesive architectural design meeting the Architectural Guidelines and Guidelines for Development within the Corridors of Route 101 and 23 Freeways . Based on the analysis and findings contained in this report, staff recommends the Planning Commission to m akes a recommendation to approve this project, subject to the conditions of approval in the attached Resolutions (Attachment #s 4, 5, and 6).

PREPARED BY: Scott Kolwitz, Senior Planner

Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4A – Resolution for CEQA-2022-70002 and 2021-70997-Z Attachment #4B – 2021-70997-Z Zoning Map Ordinance
Attachment #5 – Resolution for CEQA-2022-70002, 2022 -70079-DP and 2022-70265-TTM
Attachment #6 – Resolution for CEQA-2022-70002 and SUP-2023-70009 Attachment #7 – City Council adopted Resolution 2022-003 Attachment #8 – Project Plans, dated October 9, 2023 Attachment #9 – “Parking Analysis Memorandum for the Proposed Janss Marketplace Expansion Project in the City of Thousand Oaks” prepared by Kimley-Horn and Associates, Inc. dated October 4, 2023 Attachment #10 – Draft EIR (CEQA-2022-70002)
Attachment #11 – Final EIR (CEQA-2022-70002)

cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Staff Report/pz (FILE ID: 22-70079-DP) :LOEXU5G
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&DPLQR'RV5LRV
7KRXVDQG2DNV%OYG
-DQVV5G
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+LOOFUHVW'U
0RRUSDUN5G
2022-70079-DP, 2021-70097-Z, 2022-70265 TTM,
SUP-2023-70009, LPC-2023-70006
Verdant Thousand Oaks, LLC &
Newmark Merrill Companies - Vicinity Map
0 2,000 4,0001,000
Feet
Site
City of Thousand Oaks
Community Development Department

ATTACHMENT #1
U:\cdcjansen\_Case Maps\2022\2022-70079-DP-JanssHotel\2022-70079-DP-JanssHotel.aprx cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 1/pz (FILE ID: 22-70079-DP)
-
(To PC Report of 10/23/2023)
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LFN $YH
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0DULQ6W
:LOEXU5G
2022-70079-DP, 2021-70097-Z, 2022-70265 TTM,
SUP-2023-70009, LPC-2023-70006
Verdant Thousand Oaks, LLC &
Newmark Merrill Companies - Location Map
City of Thousand Oaks
Community Development Department
0 300 600150
Feet
Subject
Property
U:\cdcjansen\_Case Maps\2022\2022-70079-DP-JanssHotel\2022-70079-DP-JanssHotel.aprx cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 2/pz (FILE ID: 22-70079-DP)
ATTACHMENT #2
-
(To PC Report of 10/23/2023)
Hillcrest Dr
Wilbur Rd
Sears Dr
Conejo Blvd
Moorpark Rd
Marin St
2022-70079-DP, 2021-70097-Z, 2022-70265 TTM,
SUP-2023-70009, LPC-2023-70006
Verdant Thousand Oaks, LLC &
Newmark Merrill Companies - Aerial Map
U:\cdcjansen\_Case Maps\2022\2022-70079-DP-JanssHotel\2022-70079-DP-JanssHotel.aprx City of Thousand Oaks
Community Development Department
0 150 300 45075
Feet
Subject
Property
ATTACHMENT #3
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 3/pz (FILE ID: 22-70079-DP)
-
(To PC Report of 10/23/2023)
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

CITY OF THOUSAND OAKS
PL

ANNING COMMISSION
RES
OLUTION NO. 16-2023 PC
A R

ESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING THAT THE CITY COUNCIL

CERTIFY THE FINAL ENVIRONMENTAL IMPACT

REPORT AND ASSOCIATED MITIGATION

MONITORING AND REPORTING PROGRAM AND

ADOPT AN ORDINANCE TO AMEND THE

THOUSAND OAKS MUNICIPAL CODE RELATED TO

THE OFFICIAL ZONING MAP AND CHANGE THE

CLASSIFICATION OF A PORTION OF THE
PROPERTY LOCATED AT 225 NORTH MOORPARK
ROAD
Ap
plication: Zone Change 2021-70997-Z and Environmental Impact Report CEQA-2022-70002
Appl
icant: Verdant Thousand Oaks LLC (Adam Corral – Greens
Development)
Locat
ion: 225 North Moorpark Road
Assessor’s Parcel Number (APN): 525-0-030-470
SECTION 1
The P
lanning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

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

1. CEQ
A-2022-70002: Consider the Final Environmental Impact Report (EIR), including Mitigation Monitoring and Reporting Program (MMRP) prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project; and

2. 2021
-70997-Z: Zone Change limited to the footprint of the proposed building ( 2022-70079-DP Development Permit (DP) ), from C -3 (Community Shopping Center) to C-3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet.

ATTACHMENT #4A
(To PC Packet of 10/23/2023)
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

WHEREAS, on March 2, 2023, a Notice of Application was mailed to all property owners and occupants within a 500- foot radius of the subject property; and

WHEREAS, on August 10, 2023, a Notice of Application sign was posted on the subject property; and

WHEREAS, on October 6 , 2023, a Notice of Hearing sign was posted on the subject property; and

WHEREAS, on October 9, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500- foot radius of the subject site; and

WHEREAS, on October 9, 2023, Notice of Planning Commission Public Hearing was published in the “VC Star,” a newspaper of general circulation within the City of Thousand Oaks; and

WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23
rd day of October 2023, conduct a duly advertised public hearing as prescribed by law to consider said application; and

WHEREAS, at the October 23, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2

WHEREAS, pursuant to CEQA, City conducted environmental review of the project ( consisting of a 2021-70997-Z, 2022- 70079-DP, 2022-70265-TTM, and SUP-2023-70009), prepared and duly processed an EIR (“The Janss Marketplace Hotel Project EIR”), consisting of a Draft EIR dated August 2023 and a Final EIR dated October 2023, and prepared an MMRP for implementation of mitigation measures specified in the EIR; and

WHEREAS, pursuant to CEQA (Public Res. Code, Section 21000 et seq.), the State CEQA Guideline (14 CCR Section 15000 et seq.) and the City of Thousand Oaks’ Local CEQA Guidelines, the City of Thousand Oaks (City) is the lead agency for the Project, as the public agency with general governmental powers; and

WHEREAS, the City, as the lead agency, determined that an EIR would be prepared pursuant to CEQA to analyze all potential adverse environmental impacts of the Project; and
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

WHEREAS, the City issued a Notice of Preparation (NOP) of a Draft EIR on February 17, 2023, and circulated the NOP for a period of 30 days (between February 17 and March 20, 2023), pursuant to State CEQA Guidelines Sections 15082(a), 15103 and 15375; and

WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agencies area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and

WHEREAS, seven (7) written statements were received by the City in the response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and

WHEREAS, a public scoping meeting was held on March 1, 2023, to familiarize the public with the Project and the environmental review process and receive input as the scope of the Draft EIR and issues of community concern; and

WHEREAS, the Draft EIR was completed and released for public review on August 11, 2023 and City initiated a 45- day public comment period ( between August 11 and September 25, 2023) by filing a Notice of Completion and Availability; and

WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion (NOC) and Notice of Availability (NOA) to all organizations and individuals who had previously requested such notice and published the NOC on August 11, 2023, in a newspaper of general circulation in the Project area. Pursuant to the City of Thousand Oaks Local CEQA Guidelines, the NOA was mailed to all residents and property owners with 500 feet of the Project. The Draft EIR was posted on the City’s website, public counter and public libraries; and

WHEREAS, two (2) written statements were received by the City in response to the NOC and NOA during the 45-day public comment period and one (1) written statement was received by the City in response to the NOC and NOA after the 45-day public comment period; and

WHEREAS, Code section, the City following the closure of the public comment period, all comments received on the Draft EIR during the comment period and after the comment period, the City’s written responses to the significant environmental points raised in those comments were added to the Draft EIR to produce the Final EIR, and

cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including Final EIR, and all oral and written evidence presented to it during all the meetings and public hearing; and WH
EREAS, the Final EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and
WH
EREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WH
EREAS, the Planning Commission supports adoption and certification of said CEQA -2022-70002, and makes the following findings of fact and recommends the following to City Council:

1. CEQ
A-2022-70002 was prepared in accordance with the requirements of CEQA, includes all comments received on the Draft EIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.

2. Chang
es or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.

3. The F
inal EIR ( CEQA-2022-70002) conducted an environmental analysis for each of the environmental factors outlined in Appendix G of the CEQA Guidelines, Environmental Checklist Form and identified the following environmental factors as:
a. No s
ignificant impacts: Agriculture and Forestry Resources; Mineral Resources; Population and Housing; and Wildfire.
b. Less
than significant impacts: Aesthetics; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Land Use and Planning; Noise; Public Services and Recreation; and Transportation. c. P ote
ntially significant impacts without mitigation but less than significant with mitigation incorporated: Air Quality; Biological Resources; Cultural, Tribal and Historical Resources; Geology and Soils; Hazards and Hazardous Materials; and Utilities and Service Systems.

Mi
tigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. Based on Final EIR, the Mitigation Monitoring and Reporting cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

Program (MMRP) and any comments received, it is found that, there is no substantial evidence that the project will have a significant effect on the environment.

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

5. CEQA-2022-70002 has been reviewed for conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to (a) adopt and make the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project and (b) adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.

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

7. Based on all written and oral evidence and testimony in the record, the project Final EIR (a) complies with the requirements of CEQA and adequately identifies and considers all potential significant environmental effects of the Zone Change; Development Permit; Tentative Tract Map; and Special Use Permit , and (b) reflects the City’s independent judgment and analysis.

8. The Planning Commission recommends that the City Council adopt and make the CEQA Findings and certify the Final EIR as legally adequate under CEQA as to each development application associated with the project and adopt the MMRP and incorporate its provisions as conditions of approval for each of the development applications associated with the project to the extent appropriate.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

SECTION 3

WHEREAS, the Planning Commission of the City of Thousand Oaks, has given notice thereof as required by law, held a public hearing on the application of the City of Thousand Oaks with respect to the requested Zone Change 2021- 70997-Z limited to the footprint of the proposed building ( Development Permit 2022-70079-DP), from C -3 (Community Shopping Center) to C -3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet; and

WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing; and

WHEREAS, the findings of the Planning Commission for recommending approval of said Zone Change 2021-70997-Z application are as follows:

1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.

The proposed zone amendment will re- designate approximately 35,500 square feet of property, limited to the footprint of the building proposed within 2022-70079-DP, from C-3 (Community Shopping Center) to C -3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet . The City of Thousand Oaks General Plan land use designation for the subject property is Commercial , which encourages hotel, retail, restaurant (including ancillary on- site sale and consumption of alcoholic beverages), and similar uses, and the project site has a corresponding zoning designation of C- 3 (Community Shopping Center) and requested C -3-H (Community Shopping Center – Height Overlay). Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land use designation for the property is Commercial, which aligns with the C-3-H zoning. The proposed project is consistent with the General Plan policies to “maintain and preserve existing neighborhoods through the application of appropriate zoning and development controls”. Th e Commercial designation permits commercial uses in support of the General Plan goal “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” Further, the proposed project is consistent with the General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” The subject site is not located within any applicable specific plan or redevelopment plan. Therefore, the proposed Zone Change is in alignment with Thousand Oaks General Plan goals and policies and meets this finding.

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

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

SECTION 4
NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the staff report, the Findings of Fact above, and, having considered the Final EIR and associated MMRP, the Planning Commission recommends that the City Council adopt and certify the Final Environmental Impact Report CEQA-2022-70002 prepared for the project, the Planning Commission recommends that the City Council approve 2021-70997-Z by the adoption of an ordinance to amend the Thousand Oaks Municipal Code related to the Official Zoning Map and changing the zoning classification of a portion of the property located at 225 North Moorpark Road (APN: 525-0-030-470).

Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City's discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the Planning Commission or City Council.

I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 23rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

Commissioners Farris, Tyler Ketelhut, Lanson, and Chair McMahon
Commissioner Link
None
ABSTAIN: None
, Chair
Planning Com
~
Fabiola Zelaya licher, Secretary
Planning Commission
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

EXHIBIT A

ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE

THOUSAND OAKS MUNICIPAL CODE RELATING

TO THE OFFICIAL ZONING MAP BY CHANGING

THE ZONING CLASSIFICATION OF A PORTION OF
THE PROPERTY LOCATED AT 225 NORTH
MOORPARK ROAD; (ZONE CHANGE Z-2021-70997)
The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part I
Based upon the information contained in the staff report, exhibits, and public testimony at the public hearing on _____________________, the City Council approved this zone change application with the following findings:

WH
EREAS, the Thousand Oaks Planning Commission held a duly noticed public hearing on October 23, 2023, and thereafter, recommended that City Council certify the Final Environmental Impact Report No. CEQA-2022-70002, and that the City Council approve Zoning Change (Z) 2021- 70997-Z; Development Permit (DP) 2022- 70079-DP; Tentative Tract Map (TTM) 2022- 70265-TTM; and Special Use Permit (SUP) SUP -2023-70009; to allow the development of the Janss Marketplace Hotel project, to subdivide 21.63-acre of airspace, and to allow for the sale and consumption of beer, wine, and distilled spirits with food service for a property located at 225 North Moorpark Road; and, WH
EREAS, the zoning on the property is currently “Community Shopping Center (C -3)” and new designation would be “ Community Shopping Center – Height Overlay (C-3-H)” to increase the maximum height up to 75 feet to facilitate the development of a five -story development comprised of a 216 -room hotel with amenities and approximately 13,000 square feet of commercial retail space; and WH
EREAS, upon notice duly given, a public hearing was held at the regular meeting of the City Council of the City of Thousand Oaks on _____________________, at which time evidence, both oral and written, including a Staff Report and a Final Environmental Impact Report, were presented and received, and testimony was taken from all interested parties appearing in the matter; and
ATTACHMENT 4B
(To PC Packet of 10/23/2023)
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

WHEREAS, an ordinance is required to formalize Council action pursuant to Section 65453 of the California Government Code, and this ordinance is adopted; therefore, for that purpose and reflects the action of a majority of the members of the City Council (voting ___ - ____) in rendering a decision on this matter following the public hearing at the regular meeting of _________________.

Part 2

NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Section 65850, the City Council of the City of Thousand Oaks does hereby ordain as follows:

SECTION 1. The Final Environmental Impact Report No. CEQA -202 2-
70002 is certified and approved.

SECTION 2. 2021
-70997-Z is hereby approved and found to be consistent
with all Elements of the Thousand Oaks General Plan as proposed in Exhibit "A," based on the following findings:

3. T
he project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.

The proposed zone amendment will re- designate approximately 35,500 square feet of property, limited to the footprint of the building proposed within 2022-70079-DP, from C-3 (Community Shopping Center) to C -3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet . The City of Thousand Oaks General Plan land use designation for the property is Commercial , which encourages hotel, retail, restaurant (including ancillary on-site sale and consumption of alcoholic beverages), and similar uses, and the project site has a corresponding zoning designation of C- 3 (Community Shopping Center) and requested C -3-H (Community Shopping Center – Height Overlay) .

Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land use designation for the property is Commercial, which aligns with the C-3-H zoning. The proposed project is consistent with the General Plan policies to “maintain and preserve existing neighborhoods through the application of appropriate zoning and development controls.” Th e Commercial designation permits commercial uses in support of the General Plan goal “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” Further, the proposed project is consistent with the General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” The subject site is not located within any applicable specific plan or redevelopment plan. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

Therefore, the proposed Zone Change is in alignment with Thousand Oaks General Plan goals and policies and meets this finding.

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

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

SECTION 3.

The foregoing findings and determinations are based upon the following:

(a
) The Recitals set forth in this Ordinance, which are deemed true and correct;

(b) Resolution Nos. ____________ for the Project entitlements, adopted by the City Council on _____________________, and which Resolutions and exhibits are incorporated herein by reference as if set forth in full;

(c) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Zone Change and other actions relating to the Project;

(d) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the zone change, Specific Plan, and other actions relating to the Project; and

(e) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

SECTION 4. The City Council hereby approves the Zone Change, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.

Part 3

Pursuant to Title 9 Zoning Map of the City of Thousand Oaks Municipal Code, Official Zoning Map, is amended to read as follows:

Thousand Oaks Official Zoning Map
The land and other property shown upon the map, attached hereto as Exhibit A and incorporated herein by reference, are zoned according to the zone classification symbols indicated on said map, changing the zoning from C- 3 (Community Shopping Center) to C -3-H (Community Shopping Center – Height Overlay) for approximately 35,500 square feet of property, limited to the footprint of the building proposed within DP -2022-70079 located at 225 North Moorpark Road (Assessor’s Parcel Number: 525-0-030-470).

Part 3
(Uncodified)
Severability

If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

Part 4
(Uncodified)
Effective Date

This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

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

A
yes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council

ATTEST/CERTIFY:

Laura B. Maguire, City Clerk

D
ate Attested: ______________

APPROVED AS TO FORM:

Office of the City Attorney

_______
Tracy M. Noonan, City Attorney

APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager

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

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/Janss Hotel/07B Janss Marketplace Hotel 22-70079-DP Attach 4A/pz (FILE ID: 2022-70079-DP)

EXHIBIT A
Zone Change Z-2021-70997
Verdant Thousand Oaks LLC (Adam Corral – Greens Development)

Applications:

Applicant:

Location:

CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. 17-2023 PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING THAT T HE CITY COUNCIL

CERTIFY THE FINAL ENVIRONMENTAL IMPACT

REPORT AND M ITIGATION MONITORING AND

REPORTING PROGRAM AND APPROVE A

DEVELOPMENT PERMIT AND TENTATIVE TRACT

MAP FOR THE USE O F CERTAIN PROPERTY
WITHIN SAID C ITY AT 225 NORTH MOORPARK
ROAD
2022-70079-DP Development Permit (DP) and 2022-70265-TTM Tentative Tract Map (TTM); and Environmental Impact Report CEQA-2022-70002
Verdant T housand O aks LLC (Adam Corral - Greens
Development) & Newmark Merrill Companies
225 North Moorpark Road
Assessor's Parcel Number (APNs): 525-0-030-390, 525-0-030- 410, 525-0-030-430, 525-0-030-440, 525-0-030-450, 525-0-030- 470, 525-0-030-480, 525-0-054-030, & 525-0-054-040
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

WHEREAS, the applicant has filed with the City an application under the provisions of the C ity of Thousand Oaks Municipal Code requesting the following:
1) CEQA-2022-70002: Consider the Final Environmental Impact Report (EIR), including Mitigation Monitoring and Reporting Program (MMRP) prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project; and
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda P acket/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

ATACHMENT #5
(To PC Packet of 10/23/2023)
2) 2022-70079-DP: To allow the demolition of approximately 35,500 square feet of commercial development and construct a new 216- room five-story hotel with amenities and approximately 13,000 square feet of commercial retail space, including outdoor dining, hardscape, landscape, and g rading within the approximately 38-acre Janss Marketplace in the C-3 (Community Shopping Center) zone.

As part of the DP, the applicant requests two (2) Waivers of the TOMC to:
a) Maintain an approximately 35% building and structure coverage above the prescribed 25% building and structure coverage as otherwise required by TOMC Section 9-4.1404(b ); and
b) Maintain the existing 2,642 parking spaces, below the required 3,767 parking spaces for the existing Janss Marketplace plus the Janss Marketplace Hotel Project, resulting in an approximately 30% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9-4.2402.
3) 2022-70265-TTM: To subdivide one (1) 21.63-acre commercial lot into three (3) parcels to allow the retail component to be sold separately from the hotel component that includes provisions for shared parking, ingress, egress, and amenities:
a) Parcel 1 totaling 20.42 acres,
b) Parcel 2 airspace totaling 0.66 acres, and
c) Parcel 3 airspace totaling 0.49 acres.

WHEREAS, on March 2, 2023, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; and
WHEREAS, on August 10, 2023, a Notice of Application sign was posted on the subject property; and
WHEREAS, on October 6, 2023, a Notice of Hearing sign was posted on the subject property; and
WHEREAS, on October 9, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500- foot radius of the subject site; and
WHEREAS, on October 9, 2023, Notice of Planning Commission Public Hearing was published in the "VC Star," a newspaper of general circulation within the City of Thousand Oaks; and
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23rd day of October 2023, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the October 23, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2
WHEREAS, pursuant to CEQA, City conducted environmental review of the project (consisting of a 2021-70997-Z, 2022-70079-DP, 2022-70265-TTM, and SUP-2023-70009), prepared and duly processed an EIR ("The Janss Marketplace Hotel Project EIR"), consisting of a Draft EIR dated August 2023 and a Final EIR dated October 2023, and prepared an MMRP for implementation of mitigation measures specified in the EIR; and
WHEREAS, pursuant to CEQA (Public Res. Code, Section 21000 et seq.), the State CEQA Guideline (14 CCR Section 15000 et seq.) and the City of Thousand Oaks' Local CEQA Guidelines, the City of Thousand Oaks (City) is the lead agency for the Project, as the public agency with general governmental powers; and
WHEREAS, the City, as the lead agency, determined that an EIR would be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and
WHEREAS, the City issued a Notice of Preparation (NOP) of a Draft EIR on February 17, 2023, and circulated the NOP for a period of 30 days (between February 17 and March 20, 2023), pursuant to State CEQA Guidelines Sections 15082(a), 15103 and 15375; and
WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agencies area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and
WHEREAS, seven (7) written statements were received by the City in the response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

WHEREAS, a public scoping meeting was held on March 1, 2023, to familiarize the public with the Project and the environmental review process and receive input as the scope of the Draft EIR and issues of community concern; and WHEREAS, the Draft EIR was completed and released for public review on August 11, 2023 and City initiated a 45-day public comment period (between August 11 and S eptember 25, 2023) by filing a Notice of Completion a nd Availability; and
WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion (NOC) and Notice of Availability (NOA) to all organizations and individuals who had previously requested such notice and published the NOC on August 11, 2023, in a newspaper of general circulation in the Project area. Pursuant to the City of Thousand Oaks Local CEQA Guidelines, the NOA was mailed to all residents and property owners with 500 feet of the Project. The Draft EIR was posted on the City's website, public counter and public libraries; and
WHEREAS, two (2) written statements were received b y the City in response to the NOC and NOA during the 45-day public comment period and one (1) written statement was received by the City in response to the NOC and NOA after the 45-day public comment period; and
WHEREAS, following the closure of the public comment period, all comments received on the Draft EIR during the comment period and after the comment period, the City's written responses to the significant environmental points raised in those comments were added to the Draft EIR to produce the Final EIR, and
WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including Final EIR, and all oral and written evidence presented to it during all the meetings and public hearing; and WHEREAS, the Final EIR reflects the independent judgement of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the Planning Commission supports adoption and certification of said CEQA-2022-70002, and makes the following findings of fact and recommends the following to City Council:
cdd :420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

1. CEQA-2022-70002 was prepared in accordance with the requirements of CEQA, includes all comments received on the Draft EIR and the City's response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.

2. Changes or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.

3. The Final EIR (CEQA-2022-70002) conducted an environmental analysis for each of the environmental factors outlined in Appendix G of the CEQA Guidelines, Environmental Checklist Form and identified the following environmental factors as:
a. No significant impacts: Agriculture and Forestry Resources; Mineral Resources; Population and Housing; and Wildfire.
b. Less than significant impacts: Aesthetics; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Land Use and Planning; Noise; Public Services and Recreation; and Transportation. c. Potentially significant impacts without mitigation b ut less than significant with mitigation incorporated: Air Quality; Biological Resources; Cultural, Tribal and Historical Resources; Geology and Soils; Hazards and Hazardous Materials; and Utilities and Service Systems.

Mitigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. Based on the Final EIR, the Mitigation Monitoring and Reporting Program (MMRP) and any comments received, it is found that, there is no substantial evidence that the project will have a significant effect on the environment.

4. A MMRP has been prepared for the project associated with this application and is incorporated herein by reference. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures imposed as conditions of approval which are fully enforceable through fees, permit conditions, agreements or other measures. The MMRP attached as Exhibit A and incorporated by reference d escribes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

timing and enforcement details for each to ensure each mitigation measure is implemented.

5. CEQA-2022-70002 has been reviewed for conformance with the provisions of the CEQA. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to (a) adopt and make the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project and (b) adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.

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

7. Based on all written and oral evidence and testimony in the record, the project Final EIR (a) complies with the requirements of CEQA and adequately identifies and considers all potential significant environmental effects of the Zone Change; Development Permit; Tentative Tract Map; and Special Use Permit, and (b) reflects the City's independent judgment and analysis.

8. The Planning Commission recommends that the City Council adopt and make the CEQA Findings and certify the Final EIR as legally adequate under CEQA as to each development application associated with the project and adopt the MMRP and incorporate its provisions as c onditions of approval for each of the development applications associated with the project to the extent appropriate.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

SECTION 3
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70079-DP are as follows:

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

The project consists of the demolition of approximately 35,500 square feet of commercial development and construct a new 216-room five-story hotel with amenities and approximately 13,000 square feet of commercial retail space, including o utdoor dining, hardscape, landscape, and grading within the approximately 38-acre Janss Marketplace. As described in the table below, the development is consistent and would not conflict with City land use goals and policies of the General Plan:

The City of Thousand Oaks General Plan land use designation for the property is Commercial, which encourages hotel, retail, restaurant (including ancillary on-site sale and consumption of alcoholic beverages), and similar uses, and the project site has a corresponding zoning designation of C-3 (Community Shopping Center) and requested C-3-H (Community Shopping Center - Height Overlay) which is required to allow a maximum height up to 75 feet. The subject parcel is not regulated by any additional specific plan or redevelopment plan. The project consists of the construction of a hotel and retail/restaurant building which is a permitted use in the Commercial land use designation and C-3 and C-3-H zones.

As described in the Table 5.1-1 and Table 5.10-2 below, the development is consistent and would not conflict with City land use goals and policies of the General Plan:

Table 5.1-1
Project Consistency with Relevant General Plan Policies Applicable General Plan Policies Project Consistency Analysis General Plan Goals
Goal 1: To enhance and preserve the
spaciousness and attractiveness of the
Conejo Valley
Conservation Element
Policy C0-1: Future development and
redevelopment of the existing built
environment within Thousand Oaks should
reflect sensitivity to its physical setting and
natural scenic resources.

Consistent. Refer to Table 5.10-2, below.

Consistent. The proposed redevelopment of the project
site with a new hotel is consistent with the existing
urban setting of the Janss Marketplace and surrounding
commercial, office, and industrial uses. The project site along with the identified scenic resources (including the Santa Monica Mountains and surrounding natural open
cdd :420- 78/sk/H :COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID 2022-70079-DP)

Table 5.1-1
Project Consistency with Relevant Gen eral Plan Policies \. " o \ (' . •: ) • . •\ •• • • ' • . • . • 1 <'
f Applicable.General-Plan Policies ,· ., .
space) are not readily visible from public vantage points or scenic corridors near the project site (along North
Moorpark Road and West Hillcrest Drive). The proposed
project is designed to integrate into the existing urban development within the Janss Marketplace and would
be consistent with City policies and design guidelines
ensuring the development reflects sensitivity to its
physical setting and natural scenic resources.

Policy C0-29: Continue to protect oak and
landmark trees and their habitat in
recognition of their hislor ic, aesthetic and
environmental value to the cltizens of
Thousand Oaks, in particular Valley Oak
habitat.

Consistent. The project's (1.21-acre) project
disturbance area does not contain oak or landmark
trees. Landscaping would be provided in three primary
planters at the southwest and northwest corners of the
project footprint, including elm trees, a mixture of
grasses and groundcover. The project proposes to
remove a total of 13 existing trees, including Ponderosa Pine, Callery Pear, and Southern Magnolia trees. Thus,
the project would be consistent with Policy CO-29 as the project would not remove oak or landmark trees or
impact their habitat.

General Development Policies
Policy 2: The City's unique natural setting
will be a guide to its future physical shape.

In general, development will occur in the
low-lying areas with the natural hills and
mountains being preserved in open space.

A ring of natural open space will be created
around the City. The City will support and
encourage open space/greenbelt buffers
around it, separating the City from
adjoining communities.

Consistent. Refer to Table 5.10-2, below.

Policy 4: Major City gateways, where the
Route 101 and 23 Freeways enter the City
and streets interchange with the freeways,
shall receive special aesthetic
enhancement.

Consistent. Refer to response to Scenic Highways
Element policy, above, and Table 5.1-3, below.

Policy 5: Highly intensive land uses- major
industrial and commercial centers- should
be located in proximity to or within easy
access of the Ventura Freeway corridor.

Consistent. Refer to response to Scenic Highways
Element policy, above, and Table 5.1-3, below . The
project site is located within an urban area of the City, approximately 0.35 mile north of U.S. 101 and
approximately 0.90 mile west of SR 23 providing easy
access to the Ventura Freeway corridor. Thus, the
project is consistent with this policy.
cdd:420- 78/sk/H: COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-1
Project Consistency with Relevant General Plan Policies , J • ~ (
Applicable General Plan Policies, , · , Project Consistency Analysis Commercial Policies
Policy 3: Commercial development should
comply with the City's height restrictions.

Exceptions, through height overlays, may
be appropriate under certain conditions.

Commercial/ Industrial Policies
Policy 2: Low profile and aesthetically
designed signage shall be allowed for all
developments; no billboards shall be
allowed.
--- -
Additional Policies
Policy 2 Aesthetics: As the City ages, it is
important to maintain, improve and
enhance the City's aesthetic appearance.

Consistent. The project proposes a 73-foot-tall structure; however, the existing C-3 zone allows a maximum
building height of 35 feet. To increase the allowable
height on-site, the project proposes a Height Limit
Overlay Zone to be applied to the C-3 zone, resulting in a zone change to Community Shopping Center- Height
{C-3-H). The C-3-H allows for a building height increase up to 75 feet. Thus, upon approval of this zone change, the project would be consistent with this policy.

Consistent. Refer to Table 5.10-2, below.

Consistent. The project would demolish approximately
35,500 square feet of commercial development and
construct a new five-story, 216-room hotel with
approximately 13,600 square feet of commercial retail
space on the first floor, facing the interior of Janss
Marketplace. The associated architecture, art murals,
and landscaping would provide visual compatibility with the character of the site and surrounding area
Table 5.10-2
General Plan Consistency Analysis
Goals and Policies
> • a '
Analysis of Project Consistency
General Plan Goals
Goal 1: To enhance and preserve the
spaciousness and attractiveness of the Conejo
Valley
Consistent. The spaciousness and attractiveness of
the Conejo Valley would be largely unaffected by the
proposed building due to its location within an
existing commercial plaza, as well as its location
toward the rear of the property, as seen from North
Moorpark Road.

The project was also found to be consistent with the
Thousand Oaks Guidelines for Development within
the Corridors of Route 101 and 23 Freeways. See
Tdl.Jle 5.1-3, below,
cdd:420-78/sk/H: COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.10 -2
General Plan Consistency Analysis
Goal 3: To encourage commercial facilities
which satisfy the Valley's mercantile needs,
arranged and located to provide convenient
access and compatibility with adjoining use
through proper design.

Consistent. The Valley's mercantile needs would be
enhanced through the provision of a hotel in the Janss
Marketplace, which would provide additional visitors
to the Jans Market and encourage local spending. The
location of the hotel would contrib ute to the
commercial uses within the Janss Marketplace and
would be compatible with adjoining uses through the
provision of retail along the first floor, facing the
interior pedestrian walkways of the Janss
Marketplace.

Goal 5: To provide the framework for a
planned and unified community containing a
balance of living, working, shopping,
educational, civic, cultural and recreational
facilities.

Consistent. I he project would provide both a hotel
and retail space, which would provide a balance of
working, shopping, and recreation. The proposed
amenity spaces would encourage social interaction.

Policies
Conservation Element
Policy C0 -1: Future develo pment and
redeve lopment of the existing built
enviro nment wit hin Thousand Oaks
should reflect sensit ivity to its physical
sett ing and natura l scenic resource s.

Consistent. See Table 5.1-1, above.

General Devel opment Policies
Policy 2: The City's unique natural setting will
be a guide to its future physical shape. In
general, development will occur in the low­
lying areas with the natural hills and
mountains being preserved in open space. A
ring of natural open space will be created
around the City. The City will support and
encourage open space/greenbelt buffers
around it, separating the City from adjoining
communities.

Consistent. The Project site is located within a low­
lying portion of the City and is not located on any
mountainous terrain. The Project is an infill
development of an already developed parcel, which
has been graded to accommodate the existing
structures, adjacent parking structure, and surface
parking. No protected trees are proposed to be
removed, and a landscape plan is provided.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.10-2
General Plan Consistency Analysis
Policy 4: Major City gateways, where the
Route 101 and 23 Freeways enter the City
and streets interchange with the freeways,
shall receive special aesthetic enhancement.

Consistent. See Table 5.1-1, above, and Table 5.1-3,
below.

Policy 5: Highly intensive land uses -- major
industrial and commercial centers - should be
located in proximity to or within easy access
of the Ventura Freeway corridor.

Comm ercial Policies
Policy 2: Strengthen the City's commercial
core area by improving and enhancing retail,
office and service uses.

Consistent. The project site is located 0.35 miles from the North Moorpark Road exit of U.S. 101 Freeway
and approximately 0.90 mile west of SR 23 providing
easy access to the Ventura Freeway corridor. Thus,
the project is consistent with this policy. Access to the Janss Marketplace and surrounding surface parking is
available through two two-lane driveways into the
Janss Marketplace from North Moorpark Road to the
east, West Hillcrest Drive to the south, West Wilbur
Road to the west and Brazil Street to the north. See
Table 5.1-1, above, and Table 5.1-3, below.

Consistent. The project would strengthen the City's
commercial core by improving and enhancing retail,
office, and service uses through the redevelopment of
the hotel and associated amenities, as well as through
the redevelopment of the first flood retail suites.

Policy 3: Comme rcial development should
comply with the City's height restric tio ns.

Exceptio ns, through height overlays, may
be appropriate under certain conditio ns.

Comm ercial/ Indu strial Policies
Policy 1: Employment centers which provide
industrial and commercial employment,
consistent with community needs, shall be
encouraged.

Policy 2: Low profile and aesthetically
designed signage shall be allowed for all
developments; no billboards shall be allowed
Consistent. The project requests an exception to the
height of the zone via a height overlay, as discussed
above. Due to the location of the project within the
central core area, the topography behind the Janss
Marketplace, existing height overlays and precedent
set on properties adjacent to the subject parcel, the
setback of the proposed structure from major roads,
and the renovation of the existing structure, the
additional height would not create a significant
impact. See Table 5.1-1, above.

Consistent. Per the applicant's project description, the hotel project estimates to employe approximately 16
employees. The first floor retail suites would have the opportunity to employ additional individuals that
would provide employment consistent with
community needs.

Consistent. The signage design would be developed
during or after the construction documentation phase
of the Project and would be designed to comply with
the TOMC and Thousand Oaks Guidelines for
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.10-2
General Plan Consistency Analysis
Goals and Policies
I
Development within the Corridors of Route 101 and
23 Freeways.

Additi onal Policies
Policy 2: Aesthetics: As the City ages, it is
important to maintain, improve and enhance
the City's aesthetic appearance.

Consistent: See Table 5.1-1, above, and Table 5.1-3.,
below.

Policy 3: Air Quality: The City shall place high
priority on maintaining and improving local
and
regional air quality.

Consistent: Refer to Section 5.2, Air Quality for the
proposed project's potential air quality impacts. The
analysis identified impacts and mitigation measures to
reduce those imparts to helow a level of significance.

Policy 4: Archaeological: The City shall
preserve and protect archaeological
resources for future generations and the
Conejo Valley's cultural heritage.

Consistent: Refer to Section 5.4, Cultural, Tribal
Cultural, and Historical Resources for the proposed
project's potential impacts. The analysis identified
impacts and mitigation measures to reduce those
impacts to below a level of significance.

As seen in the above tables, the project is consistent with the General Plan as the project consists of hotel, retail and restaurant uses within a commercial area, is located within a district that has other commercial uses and is on a site that has easy access to the Ventura Freeway Corridor. In addition, the Project provides commercial employment opportunities. The project was reviewed for its effect on physical design on the e nvironment, and mitigation measures have b een incorporated into the project's conditions of approval. Therefore, the project is consistent with the goals and policies of the City's General Plan.

The proposed project is complimentary to Thousand O aks 2017 Economic Development Strategic Plan Real Estate/Zoning strategic recommendation as the project implements a mix of uses at the Janss Marketplace to help replace the loss of larger department stores and big box retailers. The project is also complimentary to Thousand O aks Economic Development Strategic Plan Public/Private Investment strategic recommendation as the project reinvestments in a key commercial center which will be a major contributor to the tax base. The project is anticipated to contribute to the fiscal health of Thousand Oaks. In particular, the development is anticipated to result in short-term economic growth during the construction of the facility and generate long-term growth through the collection of Transient Occupancy Taxes (TOT). Collectively, these actions are anticipated to contribute to the fiscal health of Thousand Oaks.

Therefore, the project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

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

The project, as designed, was reviewed for consistency with the C-3 and C-3-H zones and other TOMC development standards including, but not limited to, use, height, setbacks, parcel size, building coverage and parking as part of the EIR process. As described in Table 1, Table 5.1-2 and Table 5.1-3 below, the development is consistent and would not conflict with City TOMC Development Standards with the exception of Building and Structure Coverage and Off-street Parking (addressed after the Tables):

Table 1: Required Setbacks

DEVELOPMENT EXISTING LOT PROPOSED LOT LINES
STANDARD REQUIRED LINES (LD 2021-70479 & 2022- C OMPLIES 70265-TTM)
Approximately Approximately 550 feet
100 feet from from the centerline of Front (east the centerline 550 feet from North Moorpark Road. along North of a public the centerline of Approximately 205 feet Yes Moorpark Road) street. North Moorpark to boundary of LO 2021- Road. 70479's Parcel 1. 100 feet from Approximately
Front (west the centerline 350 feet from Approximately 350 feet along West of a public the centerline of from the centerline of Yes Wilbur Road) street. West Wilbur West Wilbur Road.

Road.

None, unless Abuts the C-3 Abuts the C-3 zone.
abutting a zone. Approximately 25 feet to
Side (north) Residential Approximately boundary of LO 2021- Yes 390 feet at the 704 79's Parcel 1 at the zone. closest point. closest point.

None, unless Abuts the C-3
zone. Abuts the C-3 zone.

Side (south) abutting a Approximately Approximately 490 feet Yes Residential 490 feet at the at the closest point. zone. closest point. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-2
TOMC Consistency Analysis Governing Scenic Quality
~ ~ ~ /"t'<~ . - \:- .

Relevant TOMC Section
! ' A~ ' .( ,{'_/,;-;' r'~ ~ ~ .. ...::>,; ,/ .. ,I" .,,,t:;~0._.'<'( ).~ 1 ~ Project Consistency Analysis ~ .., , ' ~ .. ~·
9-4.2105. Permitted use matrix - Non-residential zones
Transient Lodging Uses (Hotels and motels) are
permitted in the C-3 zone upon issuance of a
Development Permit.

Eating & Drinking Establishments
Restaurants, cafes, coffee shops, and other
specialized food and beverage service
establishments (e.g., beverages, pastry,
desserts, fast food} without alcoholic beverage
consumptio n (up to 0.5% alcohol by volume)
are permitted in the C-3 zone upon issuance of
a Development Permit.

Restaurants, cafes, and other specialized food
service establishments with alcoholic beverage
consumptio n (greater than 0.5% alcohol by
volume) are permitt ed in the C-3 zone upon
issuance of a Special Use Permit .

Retail Commercial Uses
Retail stores are permitt ed in the C-3 zone
upon issuance of a Development Permit .

Consistent with Development Permit and Special
Use Permit. Upon issuance of the Project's
Development Permit, the Project would comply
with the permitted uses for the C-3 Zone.

Sec. 9-4.1404. Development permits: Conditions and limitations (C-3}. (a) The open stora ge of materials and Consistent. No outdoor storage is proposed. equipment shall be permit ted only when
incidental to the permitt ed use of an office,
store, or other building located on the front
portion of the same lot; provided, however,
such storage area shall be approved and shown
on the plot plan.
(b) B uildings and other structures shall not
occupy more than twenty-five (25%} percent of
the area for which the development permit is
issued. The remaining area shall be used for
automobile parking and circulation and shall be
completely improved, surfaced, and marked for
such purpose.

Consistent, with approval of Waiver. The
existing coverage within the 38-acre Janss
Marketplace is approximately 35% consisting of
an approximately 28.5% building coverage and
an additio nal 6.4% parking stru cture coverage.

Upon demolitio n of the approximately 35,500
square feet of commercial development,
building coverage will be reduced to 26.31%,
and after the hotel is constructed, with a larger
cdd:420- 78/sk/H:COMMON/Planning Commission/Agenda P acket/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-2
TOMC Consistency Analysis Governing Scenic Quality
Relevant TOMC Section
•, >..., ,•. _,, ,\.., '",...••, " ••• ~•l •'t,\.,._;4 ~ "'{,tl."'•l'~•' ' ~\:.., '1\-..•,• ,;>) ( •o•,•,_J , •: ., Project Consistency Analysis:-~. •\?.-,:r;·., ~;!"J\(i:.\, ~- 36,300 square-foot building footprint, building
coverage will increase to 28.50%.

The project would be consistent with this
standard upon approval of the requested
Waiver.

The creatio n of three airspace subdivision
parcels will not alter the building coverage.
(c) Whenever the parking and circulation
area abuts property in an R Zone, there shall be
erected along the property line abutt ing the R
Zone a solid fence or wall six {6') feet in height,
or an evergreen hedge shall be planted and
maintained at a height of six {6') feet.

Not applicable. The Project Site does not abut a
residential zone.
{d) No structure shall be located less than
one hundred {100') feet from the center line of
any public road, street, or highway or less than
within ten {10') feet of any boundary line of
abutt ing R property, except when the structure
height exceeds twenty-fi ve (25') feet, it shall be
located not less than twenty (20') feet from any
such boundary line.

Consistent, existing condition. The existing
building is located more than 100 feet from the
centerline of any public road, street and
highway.

The creation of three airspace subdivision
parcels will not alter the building distance from
the centerline of any public road, street and
highway.
(e) Structure heights within the C-3 Zone
shall be as set forth in Sectio n 9-4.2501 of
Article 25 of this chapter.

Consistent with Height Limit Overlay. The
project proposes a 73-foot-tall stru cture. Since
the existing C-3 zone allows a maximum
building height of 35 feet, the project proposes
a Height Limit Overlay Zone to be applied to
the project site, resulting in a zone change to C-
3-H. The C-3-H allows for a building height
increase up to 75 feet. Thus, upon approval of
proposed zone change, the project would be
consistent with TOMC 9-4.3300.
(f) Ingress and egress roads leading onto a
limited access highway shall be located at
intervals not less than six hundred (600') feet
apart. Ingress and egress roads leading onto
any other public road, street, or highway shall
hP located at intervals not less than three
hundred {300') feet apart, except when such
Consistent, existing condition. Existing ingress
and egress into the project site are at intervals
not less than 300 feet.

The project will not alter the ingress and egress
interva Is.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-2
TOM C Consistency Analysis Govern ing Scenic Quality
H. , ~ • •' ' ~ •
'Relevant TOMC Section
road, street, or highway is designed as a service
road for any adjacent commercial area, the
ingress and egress roads shall be located at
intervals not less than one hundred (100') feet
apart.

P~oject Consist~~~y' Analysis .
(g) 1-rontage or interior service roads shall be
provided to serve such C-3 area.

Consistent, existing condition. An existing
service road is located on the property north
and west of the hotel location.

The project will retain the existing service road.
(h) Wherever the parking or circulation area
abuts a public street and the property across
such street is zoned for residential uses, there
shall be provided along the C-3 area property
lines adjacent to the street, except within the
approved exit and entrance ways, a planting
strip one and one-half (1- 1/2') feet wide within
which plantings shall be maintained at a
minimum height of two and one-half (2-1/2')
feet; provided, however, where sight distance
may be impaired, the Community Development
r:lirector may permit a lesser height
requirement. Appropriate wheel blocks shall be
installed along the parking area sides of the
planting strip.

Not applicable. The Project Site does not abut a
residential zone.
(i) Trees, approved as to number and type by
the Landscape Supervisor, shall be planted in
the parkway area between the curbs and
sidewalks.

Consistent, existing condition. Existing trees are
within the parkway.

The project will retain the existing trees.
(j) Every lot created on or after September 5,
1969, shall have a minimum street frontage of
100 feet and a minimum lot area of 20,000
square feet; provided, however, any lot having
frontage on a limited or controlled access
highway shall have a minimum frontage of 600
feet unless;
(1) All access rights to such limited or
controlled access highway have been dedicated
to, and accepted by, the City subject to such
driveways or common driveways as permitt ed
Consistent, existing condition. The existing lots
were originally created before 1969, and they
are more than 20,000 square feet. The Janss
Marketplace does not have frontage on a
limited or controlled access highway.

The three airspace subdivision parcels will
share a street frontage in excess of 100 feet
and a lot area in excess of 20,000 square feet
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-2
TOM C Consistency Analysis Governing Scenic Quality
Relevant TOMC Section
in such acceptance of access rights dedication;
or
(2) A Special Use Permit for an automobile
service station, including access thereto, has
been approved by the City.

Project Consist~ncy Analysis · , ·
(k) Every lot created on or after September
5, 1969, shall have a depth at least equal to the
required street frontage of such lot (except the
required frontage along limited or controlled
access highways) and a depth not more than 3
times the amount of the actual street frontage
of such lot,
Consistent, existing condition. The existing lots
were originally created before 1969. The
existing parcels are odd-shaped lots that do not
conform to the width-to-depth ratio,
The three airspace subdivision parcels will not
alter the width-to-depth ratio,
(I) Each community shopping center site shall
consist of a minimum of ten (10) acres and up
to a maximum of forty {40) acres. After a
development permit for the center has been
approved by the City, individual lots may be
created so long as they comply with the
provisions of subsections {j) and (k) of this
section.

Consistent, The Janss Marketplace is
approximately 38-acres,
(m) The applicant shall submit a construction
sequence for the land covered by the permit
showing the order in which particular
structures and facilities will be constructed,
and, upon approval of the sequence, the
applicant shall not deviate from such sequence
without written approval by the Community
Development Director.

Consistent. The hotel project will be developed
in one phase.
9-4,307 Height Limit Overlay Zone (H). The Height
Limit Overlay Zone is intended to be applied as an
overlay zone within the C-1, C-2, C-3, M-1, and M-
2 use zones wherein a waiver of the maximum
height limits of such zones may be granted by the
City, Property designated in the Height Limit
Overlay Zone may be considered for building
heights of up to s75 feet. The purpose of the
Height Limit Overlay Zone is to designate those
locations of the City in which high-rise structures
(defined as buildings over 35 feet in height) may
be developed in a manner compatible with
Consistent with Heigh Limit Overlay, The project
proposes a 73-foot-tall structure. Since the
existing C-3 zone allows a maximum building
height of 35 feet, the project proposes a Height
Limit Overlay Zone to be applied to the project
site, resulting in a zone change to C-3-H. The C-3-
H allows for a building height increase up to 75
feet. Thus, upon approval of proposed zone
change, the project would be consistent with
TOMC 9-4,3300,
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-2
TOMC Consistency Analysis Governing Scenic Quality
Relevant TOMC Section
adjacent land uses, circulation and utilit y systems.
and the visual character of the area.

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways
• I •
Section A-Site Planning
Guideline-L: Ruildines should be located
on relatively level land between knolls or
on moderate slopes. They should not be
placed on ridgelines conspicuous hilltops or
steep hillsides where potential silhouetting
and extensive grading impacts could result.

The plotting of any structures shall
consider adequate backdrop to blend into
the natural surroundings with a minimum
of visual impact.

Consistent. The five-story hotel structure would be
constructed within the Janss Marketplace, on relatively level land; it is centrally located in a manner that allows the hotel to blend in with the existing commercial
development with two-story volumes and the four-story
parking structure. The hotel results in an incremental
increase in the height of the Janss Marketplace
structures while still maintaining a view of Fireworks Hill.

These proposed projects would blend into the natural
surroundings and would have a minimal visual impact.

Guideline-2: Building footprints shall
reflect an integration of design that joins
the buildings with the natural terrain.

Extensive grading shall be avoided. The
site's topography shall determine the form
of architectural design.

Consistent. Refer to Site Planning Guideline 1
compliance. The project would require grading on-site
to allow for project implementatio n, but significant
changes in finish elevations are not expected as the site is a developed, relatively level site within the existing Janss Marketplace. No subterranean levels are being
provided. The hotel results in an incremental increase in the height of the Janss Marketplace structures while still maintaining a view of Fireworks Hill.

Guideline-3: All structures shall avoid large
straight, blank facades; visual interest in
design shall be provided by stepping the
buildings back and creating more open
space between the buildings and the
roadway in both horizontal and vertical
directions.

Consistent. Refer to Site Planning Guideline 1
compliance. The hotel has numerous plane changes,
exterior articulation and architectural projections to
ensure that there are no areas of blank facades. The
hotel would be composed of a combination of
concrete porcelain tile, wood siding panels, iron fixture canopy and doors, window frames with an anodized
finish, and varying stucco materials and colors.

Collectively, the exterior creates space between the
buildings and the roadway in both horizontal and
vertical directions.

Guideline-4: Building setbacks from the
freeways and open spaces between
Consistent. U.S. 101 is located approximately 1,900 feet south of the hotel site while the closest edge of the
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Deve lopment within the Corridors of Route 101 and 23 Freeways
buildings adjacent to the freeways shall be
increased to allow for landscaping and
reduced visual impact. Distances shall be
determined by viewshed, site topography
and configuration, and architectural design
of the proposed buildings.

Janss Marketplace is located approximately 850 feet
from the centerline of U.S. 101. The hotel would be
substantially screened from motorist traveling along U.S. 101, so it would not affect the overall freeway corridor image. The existing visual character, which contains
landscaping and commercial and office development
between U.S. 101 and the Janns Marketplace, would
remain as the view from the freeway.

Guideline-5: Buildings shall be oriented at
angles to the freeways to reduce the
exposed facades visible from the roadway.

This shall also provide additional open
space for innovative landscape designs and
open up views to distant features.

Consistent. Refer to Site Planning Guideline 4
compliance.

Guideline-6: Vehicle parking lots within the
freeway view corridors shall be screened
by utilizing combinations of earthen berms,
landscaping (predominantly evergreen),
and innovative decorative wall designs to
reduce the visual impact of rows of
glittering automobiles. Building placement
can also serve as a method of screening
parking lots.

Consistent. No changes to parking are proposed. Parking would be provided utilizing the existing 2,642 parking
spaces within Janss Marketplace; of those spaces, it is expected that the hotel guests would predominantly
park in the parking structure adjacent to Wilbur Road,
which has approximately 1,396 spaces, conveniently
located across from the project site.

Guideline-7: Exterior lighting fixtures shall
be designed and placed in such a manner
as to prevent spillage of illumination
beyond the boundaries of the project site.

Consistent. Project lighting would be designed to include outdoor lighting levels that would be no more than 2.0
foot-candle at the boundary of the Project site. This
design would prevent substantial light spillage beyond
the Project boundaries.

Section B - Architectural Design
Guideline-1: Building architecture shall
make creative and innovative statements
yet not appear as an imposition on the
landscape. Buildings must be designed at a
scale and manner that is sensitive to the
terrain, reflecting an integration of
architecture and topography.

Consistent. Refer to Site Planning Guideline 1 and 2
compliances. The design goal of the hotel is to blend in with the Janss Marketplace with materials and an
accessible pedestrian scale. The hotel maintains a
similar design as the Janss Marketplace's existing
commercial buildings play with elongated horizontal
forms and larger vertical bookend massing. The project's architect has designed the hotel with an exterior that
breaks up the elevations and relates to the local
environment while also providing visual wayfinding
components by using strong architectural feature
elements that tocus attention on the main arrival area. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways
As one navigates the Janss Marketplace walking
promenades and vehicle drive aisles, there is a sense of discovery at each turn. The vision for the hotel
emphasizes articulation, shadowed exterior features,
high-quality exterior materials, with ground-level patios and architectural projects that lower the sense of height and massing.

Guideline-2: Building architecture shall
incorporate the use of design articulation
to break up huildtng m;i<;<; intn smaller
components The use of angled building
corners, sloping facades, projecting and
recessing of walls, opening sections of the
buildings and the integration of landscape
elements will help to reduce a bulky
appearance.

Consistent. Refer to Site Architectural Design Guideline 1 compliance. The hotel includes many design features
that work to enhance the building articulation and
massing, including storefront systems, offset facade
elements, massing step-downs, architectural projects,
and material differentiation to help convey a more
human-scaled architecture.

Guideline-3: Proper siting of buildings,
allowing open sections within buildings or
among groups of buildings, shall provide
some form of visual relief and maintain
views of distant features.

Consistent. Refer to Site Planning Guideline 4
compliance.

Guideline-'!: Building roof architecture
shall be designed in a manner that is
sensitive to both building and terrain.

Exposure of large expansive roof areas
shall be avoided.

Consistent. The hotel has a flat roof that would be
primarily filled with mechanical equipment and possibly solar panels. These would be screened by parapets that
would have variations in the height to create visual
interest.

Guideline-5: Roof designs shall maintain a
proportional relationship to the scale and
shape of the building walls. Sloped roofs
are encouraged and will depend upon the
site's topography, to avoid creating an
imposing structure. The use of roof
overhangs in proportion to wall heights is
encouraged to integrate the building with
the terrain by providing a lower perceived
horizontal structure. Such designs are
necessary to achieve greater effective
shadow treatment to enhance the
building's architectural facade and provide
a perceived depth to the design.

Consistent. Refer to Site Architectural Design Guideline 1 and 2. The hotel provides a variety of different measures to break down the scale of the structure. In addition to the plane articulation, the roofline is broken up with a combination of horizontal eave elements, vertical
parapets, and architectural projections to create visual interest and variation across the various building facade. cdd:420- 78/sk/H: COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways
Guideline-6: Exposure of roof mounted Consistent. Refer to Architectural Design Guideline 4 mechanical equipment will not be compliance.
permitted. Protective screening shall be
integrated into the building's overall design
of wall and roof components. The use of
nonconforming separate roof screening
attachments shall be avoided.

Guideline-7: Upper floor levels on multi­
story buildings should be stepped back
from their base to open up the view
corridor both horizontally and vertically.

Consistent. Refer to Site Planning Guideline 3
compliance.

Guideline-8: The roofs of buildings which
are constructed on land sloping up or
down from the freeway shall be parallel to
the natural topography to protect the line­
of-sight within the view corridor. Projecting
elements above roof lines shall be
minimized and shall be integrated into the
buildings' overall design.

Consistent. Refer to Site Planning Guideline 1
compliance. The hotel does not have sloped roofs, but it does have architectural projections integrated into the overall design to break up the massing and provide a
lightness to the structure.

Guideline-9: Selective use of taller
buildings (height overlays) will be
considered only where there is sufficient
visual backdrop and where important open
views are not blocked.

Consistent. Refer to Site Planning Guideline 4
compliance. The hotel is significantly distanced from U.S. 101. The maximum height of the hotel is 73 feet within
the Height Overlay maximum height of 75 feet.

Guideline-10: Building designs, exterior
colors and materials shall be selected so
that they blend and integrate with the
surrounding natural and manmade setting,
consistent with the City's image.

Consistent. Refer to Architectural Design Guideline 1
compliance. The exterior color palette is a warm mix of neutrals highlighting different textures and finishes.

Many of the hotel's exterior materials can be found
elsewhere in the Janss Marketplace.

Guideline-11: Exterior surface materials
shall be of a non-glare finish, pursuant to
the Precise Plan of Design. Windows shall
be designed and oriented to minimize the
reflective characteristics of the glass onto
the freeway.

Consistent. The hotel is designed with no glare finishes.

There are no windows on the south side of the hotel
which faces U.S. 101.

Guideline-12: Where development is Consistent. Refer to Architectural Design Guideline 1 proposed in areas adjacent to existing land co mpliance. uses, building design, scale, use of material,
color and landscaping characteristics shall
complement the existing uses.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways
Guideline-13: Building identification (signs)
shall be selected in compliance with the
City's Municipal Sign Ordinances, in
particular that which pertain to the
freeway corridor. Signs shall be designed to
complement the building's architecture
and not impose a visual impact. Criteria for
signage shall include: letter design, color,
overall sign area in proportion to setback
distances, illumination, sign
area ratio to wr1II or fascia surfaces, and
consistency in size and location with
existing signs in the area.

Consistent. The signage design would be developed
during or after the construction documentation phase of the Project and would be designed to comply with this
guideline.

Guideline-14: Site planning and
architectural treatment of buildings shall
be employed to prevent the visual
exposure of service bays, storage material,
trash enclosures and loading and unloading
activities from the freeway corridors.

Consistent. The hotel will make use of and enhance an
existing service area located to the south of the hotel.

The service area is screened from public view by existing development. The proposed hotel size does not require
a designated loading and delivery area, and all deliveries would be made during off-peak times in 10-to-15-
minute windows via small vans. There are three loading
facilities within close proximity to the hotel.

Guideline-15: Exterior illumination of
structures shall be kept to a minimum and
located primarily at building entrances and
landscape features. Lighting should be
indirect and recessed.

Consistent. Exterior Project lighting would be designed to include outdoor lighting levels that would be no more than 2.0 foot-candle at the boundary of the Project site.

Outdoor lighting will be shielded.

Guideline-16: Illumination from within
buildings should be controlled by window
design, location, and tinting. Window glass
should be designed to control spillage of
light from interior spaces.

Section C - Walls, Barriers, Berms
Guideline-1: Where barrier screening for
visual or noise mitigation is necessary, such
treatment shall consist of a combination of
decorative walls, undulating berms of
various heights and innovative use of
combined evergreen and deciduous
landscape plant materials.

Consistent. Refer to Architectural Design Guideline 15
compliance.

Consistent. No barrier screening for visual or noise
mitigation is necessary.

Guideline-2: Long and linear wall sections Consistent. Refer also to Architectural Design Guideline shall be avoided. These elements should be 1 compliance. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Development within the Corridors of Route 101 and 23 Freeways
. . .
staggered by methods that provide both
horizontal and vertical relief and
landscaped with clusters of native plant
materials. Use of various combinations of
wall material is encouraged to achieve a
greater aesthetic effect.

Guideline-3: Vines and/or other clinging
plant material shall be used to visually
accent walls where space may preclude the
use of other larger plants.

Consistent. The walls are being accented with
architectural materials and potentially public art, so
vines and/or other clinging plants are not needed.

Guideline-4: Planted earthen berms shall
take precedence over construction of
walls, to emphasize the natural setting.

Consistent. As the site is relatively level, no walls or earthen berms are included in the project design.

Guideline-5: Screen walls shall consist of
decorative materials that integrate and
compliment the building's architecture.

Consistent. Refer to Walls, Barriers, Berms Design
Guideline 2 compliance.

Guideline-6: All manufactured berms shall
incorporate grading techniques which
emphasize a natural condition.

Manufactured slopes shall consist of
undulating contours of various slope ratios.

Use of boulders and other natural native
rock material is encouraged.

Consistent. Refer to Walls, Barriers, Berms Design
Guideline 4 compliance.

Section D - Landscape Planting
Guideline-1: Landscaping shall be used to
complement and enhance building
architecture, not to camouflage poor
building design.

Consistent. Refer to Architectural Design Guideline 1
compliance.

To complement and enhance the building architecture,
landscaping would be provided in three primary
planters at the southwest and northwest corners of the
project groundcover. Landscaping would also include a
variety of shrubs in pots located at the hotel and retail entrances, and around an outdoor seating area at the
southeast corner of the structure.

Guideline-2: Landscaping shall be used to
soften the visual impact of buildings, walls,
grading and other site improvements.

Consistent. Refer also to Landscape Planting Guideline 1 compliance. This style of planting allows for framing and preserving of distant views.

Guideline-3: The type of plant material,
height and massing of vegetation.

Consistent. The Project's plant palette is diverse in tree and planting shapes and sizes, foliage, and flower color.

This approach is used to enhance and complement the
drLirileLlurc1I fc1cc1des.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Table 5.1-3
Project Consistency with the Thousand Oaks Guidelines for Deve lopment within the Corridors of Route 101 and 23 Freeways
Guideline-4: Plants shall be used which
offer variety of color, shape and species
with an emphasis on drought tolerant
native plant materials. Plant selection shall
also include an appropriate ratio of
evergreen to deciduous for interest.

Consistent. Refer also to Landscape Planting Guideline 3 compliance. The project's plant palette is in alignment with water conservation strategies and the evolution to a more resilient landscape in the long term.

Guideline-5: The planting of oak trees
should be implemented wherever possible
to aid in the establishment and
reinforcement of the City's image. This
image can be further enhanced by the
selective night-time lighting of signature
oak trees.

Consistent. Refer also to Landscape Planting Guideline 1 compliance. No oaks are included in the plant palette as the planters are not substantial in size and as the site is anticipated to be illuminated consistently.

Guideline-6: Height of landscape planting
should be controlled to maintain views of
ridge lines and other scenic features from
the freeway.

Consistent. Refer to Site Planning Guideline 1 and 4
compliances. Refer also to Landscape Planting Guideline 2 compliance. The hotel results in an incremental
increase in the height of the Janss Marketplace
structures while still maintaining a view of Fireworks Hill.

Guideline-7: Solid rows of landscaped
screening along continuous sections of the
roadway should be avoided. Designs of
plant materials should vary to provide
interest, avoiding straight rows of trees or
other vegetation.

Consistent. Refer to Site Planning Guideline 4
compliance. Refer to Landscape Planting Guideline 2
compliance.

Guideline-8: Alternate groupings of plants
and open spaces to frame and preserve
distant views.

Consistent. Refer also to Site Planning Guideline 4
compliance. Refer to Landscape Planting Guideline 1 and 2 compliances.

Guideline-9: Monotonous repetitions in
plant spacing should be avoided; the
number and distance between adjoining
plants should be varied.

Consistent. Refer to Landscape Planting Guideline 1
compliance.

Guideline-10: Vegetation shall be planted
behind and in front of buildings to soften
hard edges of architectural design.

Consistent. Refer to Landscape Planting Guideline 1 and 2 compliances.

Guideline-11: For infill projects, the
selection of landscape material shall match
or be compatible with established roadside
and/or surrounding vegetation.

Consistent. The landscape plan would not alter any of
the landscaping along the roadside or perimeter of the
Janss Marketplace. The landscape palette is compatible
with the landscaping within the Janss Marketplace.
cdd:420-78/sk/H: COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Waivers
Building and Structure Coverage
The existing building and structure coverage within the 38-acre Janss Marketplace is approximately 35% consisting of an approximately 28.45% 1 building coverage and an additional 6.4%2 parking structure coverage.

Upon d emolition of the approximately 35,500 square feet of commercial development, building coverage will be reduced to 26.31 %3, and after the hotel is constructed, with a larger 36,300 square-foot building footprint, building coverage will increase to 28.50%4.

The Commission supports granting the maximum Building and Structure Coverage Waiver to maintain and not to exceed a 35% building and structure coverage above the prescribed 25% building and structure coverage as otherwise required by TOMC Section 9-4.1404(b) because the additional 800 square-foot footprint would be imperceptible in the context of the existing approximately 611,000 square feet of development in the Janss Marketplace. The creation of three a irspace subdivision parcels will not alter the building coverage statistics.

Off-street Parking
Section 9-4.2403(b) of the TOMC specifies that, in a project with more than one type of use, the total requirement for off-street parking shall be the sum of the requirements for the various individual uses, unless the Commission or Council approves the shared use of parking spaces. Alternating (shared) use of parking facilities may be appropriate in cases where certain uses generate peak parking demands during hours when other uses are not in operation or generate lower demand. The applicant is seeking approval of a shared parking program based upon different peak hours of parking demand for the different uses in the project.

The TOMC specifies that the burden of proof for a reduction in the total number of required parking spaces is on the applicant and that sufficient documentation shall be submitted justifying a reduced quantity of parking. The use of a shared parking arrangement has previously been approved for the Janss Marketplace.

In compliance with requirements of the TOMC, the applicant has submitted the attached shared parking analysis prepared by the applicant's Traffic Engineers, 1 = (-471,000 SF building footprint)/(-38 acres) = 28.45% building coverage. 2 = (- 1nn,nnn SF rr1rkino structure fnntrrint)/(- 18 acras) = n.4% structure coveraqe. 3 = (- 435,500 SF building footprint)/(- 38 acres) = 26.31% building coverage. 4 - (~~71,800 SF building footprint)/(- 38 acres) = 28.50 % building coverage. cdd:420-78/sk/H COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Kimley-Horn and Associates dated October 4, 2023, to demonstrate that the supply of off-street parking is adequate to meet demand.

Per a strict application of the TOMC, a total of 3,146 parking spaces are required under current conditions, but the Janss Marketplace has a total of 2,642 parking spaces which are currently shared between all parcels within the Janss Marketplace. This results in a 16% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9-4.2402.

The project is not providing any additional parking spaces to the 2,642 shared parking spaces within the Janss Marketplace. A total of 3,767 parking spaces would be required for the existing Janss Marketplace plus the Janss Marketplace Hotel Project if shared parking was not utilized. This results in a 30% parking reduction for the .Janss Marketplace as otherwise required by TOMC Section 9-

4.2402.

The primary reason for shared parking is to reduce the number of spaces to a reasonable number which satisfies demand, not to a total that is less than necessary. The provision of an ample supply of parking lots is important to avoid a deficiency which would adversely impact nearby parking lots and public streets and conflict with the intent and purpose of the TOMC.

Both the City's Planning Division and Traffic Division have reviewed the analysis prepared by the applicant' s consultant and concurs with the findings. According to the shared parking analysis:

1. Actual parking usage data was collected which demonstrated the peak parking occupancy did not exceed forty-two percent (42%) of all available parking spaces.

2. As the Janss Marketplace is approximately forty percent (40%) vacant, demand counts were calibrated to project parking demand at one hundred percent (100%) occupancy of available spaces for allowable uses. Peak parking demand for the Janss Marketplace at one hundred percent (100%) occupancy plus the project resulted in a total parking demand of 1,933 parking spaces.

3. The hotel's peak hour parking demands occur in the evening while the Janss Marketplace's peak parking demands occur in the day.

4. The 2,642 shared parking spaces can accommodate a parking demand of 1,933 parking spaces.

Staff found that t he analysis represents a conservative estimate of parking demand.

The Commission supports granting the maximum Off-street Parking Waiver to maintain the existing 2,642 parking spaces, below the required 3,767 parking cdd :420- 78/sk/H :COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

spaces for the existing Janss Marketplace plus the Janss Marketplace Hotel Project, resulting in an approximately 30% parking reduction for the Janss Marketplace as otherwise required by TOMC Section 9-4.2402 because the 2,642 shared parking spaces can accommodate a parking demand of 1,933 parking spaces as demonstrated in the shared parking analysis.

The project has been conditioned to update the reciprocal parking agreements to ensure the project has access to parking facilities. Additionally, the project has been conditioned to prepare a "Parking Management Program" to:

1. Establish loading and unloading zones for guests and deliveries; and

2. Implement a valet program for hotel special events; and

3. Include items to reduce auto dependency such as shuttles, auto sharing, bike sharing, ridesharing and, education/information programs with guests.

As seen in the above Tables and Waiver discussion, the project is consistent with the actual or intent behind the TOMC Development Standards and Freeway Corridor Guideline. The Commission finds the overall structure is compatible with the Janss Marketplace and integrates into the existing surrounding development.

The proposed structure at 146,2905 square feet would displace a vacant 35,513 square-foot retail space within the 6 11,049 square-foot Janss Marketplace resulting in a 721,826 square-foot development.

The five-story project would fit within the existing urbanized area which consists of one- through four-story structures within the Janss Marketplace and one- to five­ story buildings in the immediate vicinity. Additionally, the project site and properties to the west and south are within the C-3-H height overlay which have the potential to construct commercial buildings up to a maximum height up to 75 feet.

The p roject is consistent with the City's C ommercial Architectural Design Guidelines and Standards (Resolution No. 2005-011) and Freeway Corridor Guideline by using unified design elements throughout the development. The project meets the intent of the goals and policies pertaining to community design for the project site. The proposed project includes design features that would create a sense of place that is unified and attractive. As such, the project meets the intent of the aesthetic character/quality for the site per the City's General Plan policies and Municipal Code regulations governing scenic quality.

The proximity to the commercial areas within the Thousand Oaks Boulevard Specific Plan (SP-20) area, 401 West Hillcrest Specific Plan (SP-17), Conejo Community Park, bus services, nearby commercial, office and multi-family uses, make the subject site highly suited. to the proposed use and density. 5 216-room hotel is -132,982 square feet. The retail space is 13,308 square feet. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

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

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

The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and approved b y the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD). With the incorporation of the conditions set forth by these department and agencies, the project will not be detrimental to public health, safety, or qeneral welfare as the granting of this permit:
a. Will maintain the degree of compatibility of property uses that the Zoning Ordinance is intended to promote and preserve, considering the characteristics and location of the site, and uses on parcels within the zone in which the proposed use would be located; and,
b. Will not result in a use which may reasonably be e xpected to become obnoxious; dangerous, offensive or injurious to the public health, safety or welfare, by reason of the emission of noise, smoke, dust, fumes, vibrations, odor or harmful or annoying substances: and,
c. Will pre!:5erve the integrity and character of the zone in which the use will be located and the utility and the value of property in the zone and in adjacent zones; and,
d. Will not become detrimental to the public interest, health, safety, convenience or general welfare.

As demonstrated in the environmental document (CEQA-2022-70002) the project will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. Specifically, the project would n ot create traffic or pedestrian hazards because the project would utilize a network of roads and sidewalks that were designed to accommodate the vehicle and pedestrian traffic generated by this development and the existing development including the commercial, office and residential uses to the north, the commercial uses to the south and east, and the commercial and office uses to the west. The project's operational noise is anticipated to be similar to and compatible with the abutting commercial facilities. The hotel has been conditioned to create a Special Events Noise Monitoring Plan to ensure that the noise cannot be heard from off-site residential properties during operating hours (the closest residentially-zoned cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

property to the subject site is approximately 1, 180 feet away and buffered by intervening structures). The Commission finds that the Special Events Noise Monitoring plan and the physical barriers and distance from residential properties are adequate buffers between the hotel and restaurant locations and residentially­ zoned properties to minimize any potential disturbance to neighboring properties.

With the Mitigation Measures required by CEQA-2022-70002 and conditions of approval, construction noise will be reduced so the impact is less than significant.

Therefore, the project will not be detrimental to the public health, safety, or general welfare.

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

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

SECTION 4
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70265-TTM are made, and as the findings to recommend denial of the map as stated in (TOMC Section 9-3. 702(h)) cannot be made, as follows:

1. [Deny the map if] the proposed map is not consistent with the applicable General and Specific Plans (TOMC Section 9-3. 702(h)(1 )).

The airspace subdivision is consistent with the Thousand Oaks General Plan, in that the subject site has been previously developed to accommodate the existing shopping center located within the General Plan Land Use Element designation of Commercial and C-3 (Community Shopping Center) and C-3-H (Community Shopping Center - Height Overlay) zones, which allows the established commercial use. See SECTION 3's Finding 1 for additional information about how the project is consistent with the General Plan. The subject parcel is not regulated by any additional specific plan.

2. [Deny the map if] the design or improvement of the proposed subdivision is not consistent with the applicable General and Specific Plans (TOMC Section 9-

3. 702(h)(2)).
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

The airspace subdivision design and improvements are suitable at this location because the project is consistent with the subdivision requirements of the Municipal Code in that the three airspace subdivision parcels will not alter the underlying existing parcels. The underlying map, Tract Map No. 1229, was recorded on April 29, 1960, before 1969, before the current Municipal Code came into effect. The airspace subdivision parcels are consistent with the Municipal Code. See SECTION 3, Finding 1, in this Resolution for additional information about how the project is consistent with the General Plan. The subject parcel is not regulated by any additional specific plan.

3. [Deny the map if} the site is not physically suitable for the type of development (TOMC Section 9-3. 702(h)(3)).

The airspace subdivision was designed to be physically suitable to develop a 21 G­ room five-story hotel with amenities and approximately 13,000 square feet of commercial retail space. Both hotels and retail uses are types of development allowed within the C-3 zone subject to approval of a Development Permit. The findings to approve the Development Permit have been made in SECTION 3 in this Resolution. The airspace subdivision has been designed to be in compliance with Fire Code and Building Code standards.

4. [Deny the map if] the site is not physically suitable for the proposed density of development (TOMC Section 9-3. 702(h)(4)).

The TOMC does not include density s tandards relative to hotel and retail developments. The airspace subdivision was designed to be physically suitable to develop a 216-room five-story hotel with amenities and approximately 13,000 square feet of commercial retail space. Both hotels and retail uses are types of development allowed within the C-3 zone subject to approval of a Development Permit. The findings to approve the Development Permit have been made in SECTION 3 in this Resolution. The Fire Code and Building Code are written to provide safety standards, in part, based on occupant loads. The a irspace subdivision has been designed to be in compliance with Fire Code and Building Code standards.

5. [Deny the map if} the design of the subdivision or the proposed improvements are likely to cause substantial environmental damages or substantially and avoidably injure fish or wildlife or their habitat (TOMC Section 9-3. 702(h)(5)).

The design of the subdivision and anticipated improvements are not likely to be detrimental or to cause substantial environmental damages in that the project is not expected to release any hazardous substances or interfere with any emergency response or evacuation plans because the project has been reviewed and approved by the Community Development Department, Public Works cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

Department, and the Ventura County Fire Department. Additionally, an EIR was prepared for the project which evaluated the project's impact on the environment, including fish and wildlife or their habitat, and all environmental impacts could be reduced to a less than significant level with the incorporation of mitigation measures. With the incorporation of the conditions of approval set forth by the above listed Departments and Agencies, and with the inclusion of mitigation measures from the Final EIR, neither the subdivision nor the proposed improvements are likely to cause substantial environmental damages or substantially and avoidably injure fish or wildlife or their habitat.

6. [Deny the map if] the design of the subdivision or the type of improvements is likely to cause serious public health problems (TOMC Section 9-3. 702(h)(6)).

The design of the subdivision and the type of anticipated type of improvements are not likely to be detrimental or to cause serious public health problems because the project has been reviewed a nd approved by the Community Development Department, Public Works Department, and the Ventura County Fire Department and evaluated the project to comply with safety standards. With the incorporation of the conditions of approval set forth by the above listed Departments and Agencies, and with the inclusion of mitigation measures from the Final EIR, neither the subdivision nor the proposed improvements are likely to cause serious health problems.

7. [Deny the map if] the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision or with public access to public resources as defined and regulated by Sections 66478.1, et seq. of the Subdivision Map Act. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided and that they will be substantially equivalent to easements previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority shall be granted to a legislative body to determine that the public at large has acquired easements for access through, or the use of, property within the proposed subdivision (TOMC Section 9-3. 702(h)(7)).

As designed, the proposed tract map does not conflict with existing public easements because the design of the subdivision and its improvements are consistent with existing and surrounding development and conditions. Any future development on the subject property will include conditions requiring public improvements, if necessary. The subdivision has been conditioned to require reciprocal access, parking, utilities, and amenities to be provided to all parcels throughout the Janss Marketplace.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP) Page31 of 154 Res. No.17-2023 PC

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

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

NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the staff report, the Findings of Fact above, and, having considered the Final EIR and associated MMRP, the Planning Commission recommends that t he City Council adopt and certify the Final Environmental Impact Report CEQA-2022-70002 prepared for the project, the Planning Commission recommends that the City Council approve 2022-70079-DP and 2022-70265-TTM , subject to conformance with the conditions set forth and attached hereto and made a part hereof. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City's discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the Planning Commission or City Council.

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

AYES:

NOES:

ABSENT:

Commissioners Farris, Tyler Ketelhut, Lanson, and Chair McMahon
Commissioner Link
None
ABSTAIN: None
~ (WJ,-_ #fa, fnc fn,iL---
Saro n McM ~ n, Chair
Planning Commission
cdd:420-78/sk/H :COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

GENERAL

1. Land and Application - The Development Permit is adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and a ttached to the City Council staff report dated ___________________ _ , pursuant to the
following conditions.

2. Scope of Permit Approval - A Development Permit allowing t he demolition of approximately 35,500 square feet of commercial development (including the former Marshalls location) and construction of a new 216- room five-story hotel with amenities, and approximately 13,000 square feet of commercial retail space, including hardscape, landscap e, and grading.

Requested Waivers are included to maintain an approximately 35% building and structure coverage above the prescribed 25% building and structure coverage and maintain existing parking resulting in an approximately 30% parking reduction for the Janss Marketplace. The Project shall be constructed substantially as shown on project plans labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated , unless conditioned otherwise herein.

3. Approval Period/Use Inauguration - The Development Permit is granted for a three (3) year period of time from City Council final project approval ending , at which time said permit shall expire
unless the use authorized herein has been inaugurated in accordance with Section 9-4.2812(c) of the Thousand Oaks Municipal Code. The applicant may request time extensions of this period as permissible by Section 9-

4.2812(e) of the Thousand Oaks Municipal Code by filing a Minor Modification application prior to the expiration date.

4. Final Plans - Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall·l::5e submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/22-70079 Attach5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

5. Approval Inclusion - This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Safety 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.

6. Condition Compliance - The conditions set forth in this Resolution shall run with the land and shall remain in force for the duration of the life of the Project. All previously imposed conditions of PD 34, all conditions of 2022- 70079-DP and 2022-70265-TTM, and, any other modification shall apply to this approval, unless otherwise modified herein.

7. Compliance with Applicable Laws, Rules, and R egulations - 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 industrial establishment.

8. Regulatory Agency Approval - The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release. Copies of all required licenses s hall be submitted to the Community Development Department.

9. Dedications/Reservations and Public Improvements - With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period commences upon the date of approval of 2022-70079-DP by the City.

10. Payment of Fees - Approval is subject to the applicant paying all fees and assessments to the City of Thousand O aks, School District, Conejo Recreation and Parks District, Ventura County Fire Prevention District, and any other agency requiring fees related to the subject development as required by the Municipal Code and established by City Council.

11. Non-residential Development Linkage Fee - Prior to the issuance of any building permits, the a pplicant shall pay the required Nonresidential Development Linkage Fee for the project pursuant to Section 9-10.409 of the Municipal Code per the linkage fee rate established by the City Council Resolution in effect at the time.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

12. City/ County/ Agency I Other Fees - All Police, Fire Department, School District Fees and any other fees identified in the Standard Conditions, Resolution No. 95-20, shall be paid prior to the issuance of any building permits. Notification in writing by these agencies confirming payment shall be submitted to the Community Development Department.

13. 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.

14. Signed Acceptance of Conditions - A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or their duly authorized representative, and shall be returned to the Community Development Department prior to the issuance o f a building permit associated with 2022-70079-DP.

15. Authorized Project Changes/Modifications - Minor changes to 2022- 70079-DP may be approved by the Community Development Department through the appropriate entitlement process provided such changes achieve substantially the same results and the project is still in compliance with all applicable development standards in the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required. Any substantial changes will require the filing of a major modification application.

16. Unauthorized Changes - The applicant acknowledges that the exterior treatment, location o f structures and a rchitectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

17. Indemnification - The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City subject to, and to the extent set forth in, 2022-70079-DP. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.

18. 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 dcsignee.

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

ENVIRONMENTAL MITIGATION MEASURES

20. (M) Mitigation Compliance - Applicant agrees to comply with all mitigation measures outlined in Environmental Impact Report No. CEQA- 2022-70002. 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 e ither reduce or avoid significant environmental impacts identified in the Environmental Impact Report have either been incorporated in the project design or undertaken as required.

Final determination o f 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.

AIR QUALITY

21. (M) MM-AQ-1 (Best Management Practices): The applicant shall require all construction plans to include the following best management practices:
a. Maximize the use of chemical dust suppressants or non-potable water, if available. If water is used, all exposed surfaces shall be watered three times daily.
b. Exposed surfaces include, but are not limited to, soil piles, graded areas, unpaved parking areas, staging areas, and access roads. c. Cover or maintain at least 2 feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Any haul cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
trucks that would be traveling along freeways or major roadways shall be covered.
d. Use wet power vacuum street sweepers to remove any visible track­ out mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited.
e. Limit vehicle speeds on unpaved roads to 15 miles per hour. f. Pave all roadways, driveways, sidewalks, parking lots as soon as possible. In addition, building pads shall be laid immediately after grading unless seeding or soil binders are used.
g. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes (as required by the state airborne toxics control measure [Title 13, Section 2485 o f the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site. h. Maintain all construction equipment in p roper working condition according to manufacturer's specifications. The equipment shall be checked by a certified mechanic and determined to be running in proper condition before it is operated.

22. (M) MM-AQ-2 (Architectural Coating): Prior to issuance of grading permits, the City of Thousand Oaks shall review the final construction plan to verify the architectural coating phase shall last for at least six weeks.

23. (M) MM-AQ-3 (Diesel Off-road Equipment): All diesel off-road equipment rated 50 horsepower or more shall have engines that meet the Tier 4 Final off-road emission standards, as certified by CARB. This requirement shall be verified through submittal of an equipment inventory that includes the following information: (1) Type of Equipment, (2) Engine Year and Age, (3) Number of Years Since Rebuild of Engine (if applicable), (4) Type of Fuel Used, (5) Engine HP, (6) Verified Diesel Emission Control Strategy (VDECS) information if applicable and other related equipment data. A Certification Statement is also required to be made by the Contractor for documentation of compliance and for future review by the VCAPCD, as necessary. The Certification Statement must state that the Contractor agrees to compliance and acknowledges that a violation of this requirement shall constitute a material breach of contract.

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 reductions 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 two construction fleet owners/operators in Ventura cdd:420- 78/sk/H:COMMON/Planning Commission/Agenda P acket/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
County were contacted and that those owners/operators confirmed Tier 4 Final equipment could not be located within Ventura County. Further, if an exemption is qranted by the City, the applicant shall use a minimum of Tier 3 equipment with a CARS-certified Level 3 diesel particulate filter in place of the Tier 4 Final equipment.

BIOLOGICAL RESOURCES

24. (M) MM-BIO-1 (Bat Roosting & Surveying):lf project-related activities are to be initiated during the bat day and/or night-roosting or maternity-roosting season (April 1 through August 31 ), a pre-construction survey for day and/or night-roosting or maternity-roosting bats shall be conducted by a qualified biologist no more than 14 days prior to the start of any vegetation removal, qround disturbing activities, or construction, to confirm if roosting hats are present to avoid and minimize impacts to any roosting bat species. The qualified biologist shall survey all suitable roost habitat within the project's area of disturbance plus a 300-foot buffer zone. Each time work ceases for a period of 14 days or more during day and/or night-roosting or maternity­ roosting season, a new roosting bat clearance survey shall be conducted. a. If no roosts are observed during pre-construction surveys, project activities may begin, and no additional avoidance and minimization measures shall be required.
b. If day-time roosting bats or signs of such bats are detected: roosting location shall be demarcated by a qualified biologist with bright orange construclion fencing or other suitable flagging to facilitate avoidance. The distance of the no-disturbance buffers around day­ roosting bats would be a minimum of 50 feet. This distance may be increased based upon the particular bat species found and/or the phased removal of buildings and trees to allow day-roosting bats to relocate on their own volition as determined by a qualified bat biologist. c. I f an active maternity roost is identified, no work activities should occur within 100 feet of or directly under or adjacent to the maternity roost during the breeding season when young are present but are not yet ready to fly (April 1 through August 31 ). Their roosting location shall be demarcated by a qualified biologist with bright orange construction fencing or other suitable flagging to facilitate avoidance. d. The qualified biologist shall periodically monitor any active roosts to determine if the roost is no longer being used. No construction or ground disturbance shall occur within this buffer until the qualified biologist confirms that the roosting is completed or a Bat Avoidance Plan is submitted by the developer and approved by the California Department of Fish and Wildlife (CDFW).
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

25. (M) MM-BIO-2 (Bird Nesting & Surveying): If project-related activities are to be initiated during the bird nesting season (January 1 to August 31 ), a pre-construction nesting bird clearance survey shall be conducted by a qualified biologist no more than three days prior to the start of any vegetation removal or ground disturbing activities to confirm if active bird nests are present to avoid and minimize impacts to any nesting bird species.

The qualified biologist shall survey all suitable nesting habitat within the project's area of disturbance plus a 300-foot buffer zone. Each time work ceases for a period of seven days or more during nesting season, a new nesting bird clearance survey shall be conducted.
a. If no active bird nests are detected during the clearance survey, project activities may begin, and no additional avoidance a nd minimization measures shall be required.
b. If an active bird nest is found, the species shall be identified, and a "no-disturbance" buffer shall be established around the active nest.

The distance of the no-disturbance buffer around active bird nests would be a minimum of 100 feet for non-special status species, and 300 feet for special-status passerine species and raptor species.

These distances may be greater depending on the bird species and construction activity, as determined by the qualified biologist. c. The qualified biologist shall periodically monitor any active bird nests to determine if project-related activities occurring outside the "no­ disturbance" buffer disturb the birds and if the buffer should be increased. No construction or ground disturbance shall occur within these buffers until the qualified biologist confirms that the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions.

CULTURAL, TRIBAL AND HISTORICAL RESOURCES

26. (M) MM-CUL-1 (Worker Environmental Awareness Program): Worker Environmental Awareness Program (WEAP) training shall be provided to all construction personnel and monitors who are not trained archaeologists prior to the start of construction activities. A basic presentation and handout or pamphlet shall be prepared to ensure proper identification and treatment of inadvertent cultural resource discoveries. The purpose of the WEAP training is to provide specific details on the kinds of cultural materials, both prehistoric and historic, that may be identified during construction of the project and explain the importance of and legal basis for the protection of cultural resources. Each worker shall also be provided with the proper procedures to follow in the event that cultural resources or human remains are di scovered during g round-disturbing a ctivities. These procedures include work curtailment or redirection, and the immediate notification of the cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP) Page39of 154 Res. No.17-2023 PC

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site supervisor and the qualified a rchaeological and Native American monitors. If the discovery is Native American, a Native American monitor shall be notified.

27. (M) MM-CUL-2 (Unanticipated Discovery of Cultural Resources): The project applicant shall retain a qualified archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for archaeology, prior to the start of any earthwork activities related to project construction, to monitor all ground-disturbing activities within the areas of native soil (i.e., below existing areas of artificial fill from previous construction). I n the e vent that potential prehistoric or historic-era archaeological resources (sites, features, or artifacts) are exposed during construction activities for the project, GIi construction work occurring within a 50-foot buffer of the find shall immediately stop a nd a qualified archaeologist must be notified immediately to assess the significance of the find and determine whether or not additional study is warranted. Depending on the significance of the find under the California Environmental Quality Act (CEQA), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work (e.g., preparation of an archaeological treatment plan, testing, or data recovery) may be warranted. If Native American resources are discovered or are suspected, each of the consulting tribes for the project will be notified, as dictated by California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). An archaeological monitoring report shall be prepared within 60 days following completion of ground disturbance and submitted to the City of Thousand Oaks Community Development Director for review. This report shall document compliance with approved mitigation, document the monitoring efforts, and include an appendix with daily monitoring logs. The final report shall be submitted to the South Central Coastal Information Center and interested consulting tribes.

28. (M) MM-CUL-3 (Discovery of Human Remains): If human remains are encountered during implementation of any phase of the project, the project archaeologist shall be allowed to temporarily divert or redirect excavation activities in the vicinity of the find in order to make an evaluation of the find.

In the event that human remains are inadvertently encountered during construction activities, such resources would be treated in accordance with state and local regulations that provide requirements with regard to the accidental discovery of human remains, including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
immediately notified of the discovery. No further excavation or disturbance of the project site or any nearby area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined, within 2 working days of notification of the discovery, if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to notify the NAHC within 24 hours. The NAHC must immediately notify those persons it believes to be the most likely descendant from the deceased Native American. The most likely descendant must then complete their inspection within 48 hours of being granted access to the site. The most likely descendant would then determine, in consultation with the property owner, the disposition of the human remains.

GEOLOGY AND SOILS

29. (M) MM-GEO-1 (Geotechnical Investigation): A geotechnical investigation shall be conducted by the project applicant to analyze the soil conditions and potential threats to building stability, and shall include a report that recommends grading, construction, and d esign operations appropriate for seismic conditions. All grading operations and construction shall be conducted in conformance with the recommendations included in the geotechnical report. Design, grading, and construction shall also be performed in accordance with the requirements of the City of Thousand Oaks Building Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the recommendations of the project geotechnical consultant summarized in a final written report, subject to review and approval by the City of Thousand Oaks Building Official, or designee, prior to commencement of grading activities.

30. (M) MM-GEO-2 (Geotechnical Engineer): A qualified Geotechnical Engineer shall be retained to perform the following tasks prior to and during construction:
a. Review final grading, foundation, and drainage plans to verify that the recommendations contained in the geotechnical investigation have been properly interpreted and are incorporated into the project specifications.
b. Observe a nd advise d uring a ll grading a ctivities, including site preparation, foundation, and placement of fill, to confirm that suitable fill materials are placed upon component material and to allow design changes if subsurface conditions differ from those anticipated prior to the start of grading and construction.
c. Observe the installation of drainage devices.
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
d. Test all fill placed for engineering purposes to confirm that suitable fill materials are used and properly compacted.

31. (M) MM-GE0 -3 (Paleontologist & Paleontological Resources Impact Mitigation Plan): Prior to the commencement of ground disturbing activities, the Project Applicant shall retain a qualified Project Paleontologist to direct all mitigation measures related to paleontological resources. A qualified Project Paleontologist is defined by the Society of Vertebrate Paleontology standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with p aleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years. The Project Paleontologist shall be retained to prepare and implement a Paleontological Resources Impact Mitigation Plan (PRIMP) for the project.

The PRIMP shall be consistent with the 2010 Society of Vertebrate Paleontology guidelines and o utline requirements for pre-construction meeting attendance and worker environmental awareness training, where paleontological monitoring is required within the project site based on construction plans and/or geotechnical reports; procedures for adequate paleontological monitoring and discoveries treatment; and paleontological methods (including sediment sampling for microinvertebrate a nd microvertebrate fossils), reporting, and collections management.

Monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of paleontological resources and meets the minimum standards of the Society of Vertebrate P aleontology for a Paleontological Resources Monitor. The paleontological monitor shall be responsible for maintaining daily monitoring logs for those days monitoring occurs. The duration and timing of the monitoring shall be determined by the Project Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to review and approval by the City of Thousand Oaks. If the Project Paleontologist determines full-time monitoring is no longer warranted based on the geologic conditions at depth, they may recommend that monitoring be reduced or cease entirely. Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Project Paleontologist at that time.

If a paleontological resource is discovered, the monitor shall have the authority to temporarily divert the construction equipment around the find until it is assesse d for scientific significance and, if appropriate, collected. If cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following:
a. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity shall be halted to allow the paleontological monitor and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the P roject Paleontologist ( or paleontological monitor) shall recover them following standard field procedures for collecting paleontological resources as outlined in PRIMP for the project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the Project Paleontologist and/or paleontological monitor shall have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner.
b. Fossil Preparation and Curation. The PRIMP for the project shall identify the museum that has agreed to accept fossils that may be discovered during project related excavations. Upon completion of fieldwork, all significant fossils collected shall be prepared in a properly equipped laboratory to a point ready for curation.

Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens shall be identified to the lowest taxonomic level practical prior to curation at an accredited museum.

The fossil specimens must be delivered to the accredited museum or repository no later than 30 days after all laboratory work is completed. The cost of curation shall be assessed by the repository and shall be the responsibility of the Project Applicant. c. A paleontological monitoring report shall be prepared within 60 days following completion of ground disturbance and submitted to the City of Thousand Oaks for review. This report shall document compliance with approved mitigation, document the monitoring e fforts, and include an appendix with daily monitoring logs. The final report shall be submitted to the South-Central Coastal Information Center and the Society of Vertebrate Paleontology.

HAZARDS AND HAZARDOUS MATERIALS

32. (M) MM-HAZ-1 (Asbestos Survey): Prior to demolition a ctivities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cautorrua Division of Occupational Safety and cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
Health (Cal/OSHA) certified building inspector to determine the presence or absence of asbestos containing materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the Ventura County Air Pollution Control District (VCAPCD) Rule 62.7. Prior to issuance of a certificate of occupancy, documentation of asbestos abatement shall be provided to the VCAPCD for review and approval. Documentation shall include proper training and licensure of abatement contractors, results of asbestos samples collected, and disposal documentation showing appropriate disposal of hazardous materials at an approved facility. Documentation shall verify all abatement activities have been completed in compliance with applicable laws, rules, and requlations.

33. (M) MM-HAZ-2 (Lead-based Paint): If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulations Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead­ based paint removal shall provide evidence of abatement activities to the City Engineer. Prior to issuance o f a certificate of occupancy, documentation of lead abatement shall be provided to the VCAPCD for review and approval. Documentation shall include proper training and licensure of abatement contractors, results of lead samples collected, and disposal documentation showing a ppropriate di sposal of hazardous materials at an approved facility. Documentation shall verify all abatement activities have been completed in compliance with applicable laws, rules, and regulations.

34. (M) MM-HAZ-3 (PCB Survey): Prior to the modification, relocation and/or removal of the existing transformer, a PCB survey shall be conducted by a California Division of Occupational Safety and Health (Cal/OSHA) certified building inspector to determine the presence of PCB containing materials.

If PCB is found, abatement shall be completed by a qualified PCB Specialist prior to any activities that would create a PCB hazard. Prior to issuance of a certificate of occupancy, documentation of hazardous building material identification and removal (such as PCBs, mercury switches, and other cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packel/2023/2023-10-23/225/Janss Hotel/07B Janss Markotplaco Hotol/ 22 70070 Attach 5/pz (, IL[ ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
hazardous materials) shall be provided to the permitting agency for review and approval. Documentation shall include proper training and licensure of abatement contractors, results of samples collected (including field notes from PCB sampling), and disposal documentation showing appropriate disposal of hazardous materials at approved landfill, recycling, or transfer facilities. Documentation shall verify all abatement activities have been completed in compliance with applicable laws, rules, and regulations.

35. (M) MM-HAZ-4 (Discovery of Unknown Wastes or Suspect Materials):

If unknown wastes or suspect materials are discovered during construction by the contractor that are believed to involve hazardous waste or materials, the contractor shall comply with the following:
a. I mmediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area;
b. Notify the Community Development Director of the City of Thousand Oaks; c. Secure the areas as directed b y the Community Development Director; and
d. Notify the Ventura County Health Care Agency's (VCHCA) Hazardous Waste/Materials Coordinator or other appropriate agency specified by the Community Development Director. The Hazardous Waste/Materials Coordinator shall advise the responsible party of further actions that shall be taken, if required.

UTILITIES AND SERVICE SYSTEMS

36. (M) MM-U-1 (Solid Waste Management Plan): Prior to the final building and zoning inspections of the development, the property owner/developer team shall work with Athens Services to create a waste/recycle diversion plan prior to the start of operations, including training on waste streams and best practices for diversion, to determine the most sustainable wa ste manage ment plan for the proposed project. The property owner/developer shall submit project plans and a Solid Waste Management Plan to the City of Thousand Oaks Public Works Department for review and approval to ensure that the plan complies with the mandates of RCRA, AB 939, AB 341, AB 1826, the California Green Building Code, Municipal Code Title 6, Chapters 2 and 3, and the Construction and Demolition Debris Recycling Ordinance as administered by the City of Thousand Oaks to the maximum extent f easible. Implementation of said p lans s hall commence upon occupancy and shall remain in full effect as required by the City Public Works Department and may include, at its discretion, the following plan components:
a. Detailing the locations and design of on-site recycling facilities. b. Participating in a recycling program as may be developed by the City or governing agency.
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

EASEMENTS AND COVENANTS

37. Reciprocal Access - An easement or owner's covenant with improvement and maintenance rights to grant reciprocal access among all parcels within the Janss Marketplace (525-0-030-390, 525-0-030-410, 525-0-030-430, 525-0-030-440, 525-0-030-450, 525-0-030-4 70, 525-0-030-480, 525-0- 054-030, & 525-0-054-040), along shared drive aisles, bicycle lanes, sidewalks, and common pathways shall be prepared to the satisfaction of the City Attorney, Community Development Director, and Public Works Director. Said e asement or o wner's covenant shall d escribe an unobstructed area, with a minimum depth and width to safely facilitate vehicle, bicycle, and pedestrian movements, to the satisfaction of the Community Development and P ublic W orks Directors. A d raft of the reciprocal access easement or owner's covenant shall be submitted to the City prior to building permit issuance and said reciprocal access easement or owner's covenant shall be recorded with the County Recorder's Office prior to a certificate of occupancy being granted. A copy of the said recorded document shall be submitted to the Community Development Director.

38. Reciprocal Parking - A reciprocal parking easement or owner's covenant for ingress and egress and use of all parking facilities among all parcels within the Janss Marketplace (525-0-030-390, 525-0-030-410, 525-0-030- 430, 525-0-030-440, 525-0-030-450, 525-0-030-470, 525-0-030-480, 525- 0-054-030, & 525-0-054-040) shall be prepared to the satisfaction of the City Attorney, Community Development Director, and P ublic Works Director. A draft of the reciprocal parking easement or owner's covenant shall be submitted to the City prior to building permit issuance and said reciprocal parking easement or owner's covenant shall be recorded with the County Recorder's Office prior to a certificate of occupancy being granted.

A copy of the said recorded document shall be submitted to the Community Development Director.

39. Site Maintenance - A site maintenance agreement or owner's covenant shall allow access to and require that all site improvements within common areas within the Janss Marketplace (525-0-030-390, 525-0-030-410, 525- 0-030-430, 525-0-030-440, 525-0-030-450, 525-0-030-470, 525-0-030- 480, 525-0-054-030, & 525-0-054-040) including but not limited to lighting, landscaping, fences, walls, buildings, parking facilities, circulation, and other related features shall be property maintained in accordance with all applicable ordinances and approved plans and shall not be altered in any manner without prior approval of the Community Development Department.

Any alteration, removal, abandonment or discontinuance without prior cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach ::i/pz (FILE ID. 2022-70079-DP) '

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
approval by the Community Development Department shall constitute a violation of the terms and conditions of this permit and shall be sufficient grounds for a code compliance action. The site maintenance agreement or owner's covenant shall be prepared to the satisfaction of the City Attorney, Community Development Director, and Public Works Director. A draft of the site maintenance agreement or owner's covenant shall be submitted to the City prior to building permit issuance and said site maintenance agreement or owner's covenant shall be recorded with the County Recorder's Office prior to a certificate of occupancy being granted. A copy of the said recorded document shall be submitted to the Community Development Director.

40. Chase Access & Maintenance - A chase access and maintenance agreement or owner's covenant shall allow for chases to be constructed within walls and through floors from proposed Parcel 3 through proposed Parcel 2 to the sky for the benefit of retail and restaurant uses' mechanical, electrical, and plumbing systems within Proposed Parcel 3. The chases shall be properly maintained in accordance with all applicable ordinances and approved plans and shall not be altered in any manner without prior approval of the Community Development Department. Any alteration, removal, abandonment or discontinuance without prior approval by the Community Development Department shall constitute a violation of the terms and conditions of this permit and shall be sufficient grounds for a code compliance action. The chase access and maintenance agreement or owner's covenant shall be prepared to the satisfaction of the City Attorney and Community Development Director. A draft of the chase access and maintenance agreement or owner's covenant shall be submitted to the City prior to building permit issuance and said chase access and maintenance agreement or owner's c ovenant shall be recorded with the County Recorder's Office prior to a certificate of occupancy being granted. A copy of the said recorded document shall be submitted to the Community Development Director

41. Updated Covenants, Conditions, and Restrictions (CC&Rs) - The applicant shall prepare updated CC&Rs and submit them for review and approval of the Community Development Department and the City Attorney.

The updated CC&Rs shall include language requiring all property owners and their successors in interests to assume the following (as applicable) limitations, restrictions and responsibilities in perpetuity by the POA. a. Reciprocal access.
b. Ownership and maintenance of Stormwater BMP's, ownership and maintenance of private streets and access roads, gutters, sidewalks, sewer collection laterals/mains, backflow devices, gates, trails, landscaping & other like improvements.
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COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
c. Preservation of traffic sight distance, and associated maintenance of landsc aping.
d. Clause stating that any onsite improvements are not to be modified without the approval of the Community Development Department and Public Works Department.
e. In the event the City determines that proper maintenance has not been performed on any of the above items, City has the right to enter property, perform required maintenance work, and bill/collect from the POA.

The updated CC&Rs shall be submitted and approved by the Community Development Department and City Attorney prior to b uilding permit issuance and shall be recorded prior to a certificate of occupancy being granted. A copy of the recorded CC&Rs shall be submitted to th e Community Development Department prior to the recordation of thP. final map.

42. Amendment of CC&Rs - A condition within the CC&Rs shall provide the right of consent to the City of Thousand Oaks to review any amendments, including additions and deletions to the CC&Rs to assure compliance with all conditions and City ordinances that apply to this project, subject to the review and approval by the Community Development Department and the City Attorney. The CC&Rs shall provide that it cannot be amended or otherwise altered when such change would affect, in any manner, any condition of development or entitlement imposed pursuant to this permit or imposed pursuant to any other City law, rule, regulation, entitlement, or approval unless such deletion, amendment or alteration is approved in writing by the Community Development Department, which shall determine whether such a proposed deletion, amendment, or alteration would affect any condition of development or entitlement.

GRADING

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

44. 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 cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Markctplaco Hotel/ 22 70070 Attach 5/pz (i ll [ ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
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. toa kswater. org/conservationstages

45. Project Grading - All gradients within the parking lot shall comply with the provisions of Section 9-4.2405(a) of the Thousand Oaks Municipal Code, unless otherwise authorized herein. All parking lot areas shall have a maximum gradient slope of 2.5% and parking spaces shall have a maximum cross-slope of 2%. Access driveways serving the site shall be limited to a maximum seven percent (7%) gradient with approved transitions. Deviation from these requirements shall be permitted only by written consent of the Community Development Director and Public Works Director or designees.

46. 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.

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

48. Certified As-Built Grading - Prior to issuance of a building· permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant's Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments dated cdd:420-78/sk/H:COMMON/Planning Commission/Agenda P acket/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated

49. Utility Lines - All new utility s ervice to the site shall be installed underground.

SETBACKS, HEIGHTS, BUILDING

ARCHITECTURAL TREATMENT

MATERIALS, OPEN SPACE,

50. Building Setbacks - All building setbacks shall be provided as depicted on the Exhibits, labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the C ity Council staff report d ated

PROPOSED LOT
DEVELOPMENT REQUIRED EXISTING LINES COMPLIES STANDARD LOT LINES (LD 2021-70479 & 2022-70265-TTM)
Setbacks (ft.)
Approximately 550
100 feet from Approximately feet from the
Front (east along the 550 feet from centerline of North the centerline Moorpark R oad. North Moorpark centerline o f of North Approximately 205 Yes Road) a public Moorpark feet to boundary of street. Road. LO 2021-70479's Parcel 1.
100 feet from Approximately Approximately 350 the 350 feet from Front (west along centerline of the centerline feet from the Yes West Wilbur Road) centerline of West a public of West Wilbur Wilbur Road. street. Road.

Abuts the C-3 Abuts the C-3 zone.

None, unless Approximately 25
abutting zone. feet t o boundary of Side (north) a Approximately Yes Residential 390 feet at the LO 2021-70479's zone. closest point. Parcel 1 at the
closest point.

None, unless Abuts the C-3 Abuts the C-3 zone.
abutting zone. Approximately 490 Side (south) a Approximately Yes Residential 490 feet at the feet at t he closest zone. closest point. point.
cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

51. Building Height - As measured from the building's finished floor, the maximum building height shall not exceed 73' 0", as shown in the exhibits labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated _
60 feet to the top of the roof; 65 feet to the top of the parapet; approximately 70 feet to the top of the mechanical equipment screen wall; approximately 71 feet to the top of the architectural feature; and 73 feet to the top of the enclosed stairway.

52. Architectural Building Design - The architectural design depicted in the attachments labeled "Project Plan Set," d ated S eptember 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated
_ ________ _ , are approved in concept. Prior to the issuance of a building permit, fully dimensioned and detailed architectural drawings shall be submitted for review and approval by the Community Development Department, with all elevations coordinated with color, materials, and architectural form to achieve design harmony and continuity.

53. Building Wall Treatment - The building walls s hall incorporate architectural treatment to create a visually interesting a ppearance as viewed from the surrounding properties and scenic corridors. The treatment shall include, but is not limited to, incorporating decorative finish materials, vertical and horizontal variation, and recessed windows. The design shall comply with the building elevation plans as shown in the exhibits labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated _

54. Window Recess - Windows must be recessed at a minimum depth of at least three inches (3") from glass face to wall edge around the windows if there is no trim.

55. Window Divided-Lites/Mullions - Divided-lite windows, where utilized, must consist of true/full divided-lites or simulated divided-lites, in accordance with the following standards:
a. Muntins or grids must project at least three-eighths of an inch (3/8") from the glass surface.
b. Muntins or grids must be used on both the exterior and interior of the glass. c. For simulated divided-lites, spacers must be used between panes. cdd :420- 78/sk/H :COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

56. Window Materials - Windows frames must be made of aluminum, fiberglass, wood, or manufactured wood; or another material with a wood grain texture finish.

57. Window Glazing - Opaque, reflective, and mirrored window glazing Is prohibited.

58. Window Shutters - Shutters, where utilized, must be proportionately sized to the height and width of the window. Shutter materials must be consistent with the project's exterior building colors/materials and not be of a faux material.

59. Exterior Building Colors and Materials - /\II exterior materials and colors depicted on the attachments labeled "Project Plan Set" dated Septembe r 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City C ouncil staff report dated _ ________ _ , are approved in concept only. Prior to the issuance of a grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for 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. The following materials and colors are approved in concept, unless otherwise noted:
a. Exterior Walls

1. Stucco Field:

1. Color: Dunn Edwards DE6225 Fossil.

2. Finish: Smooth per the Technical Services Information Bureau's Plaster Textures & Acrylic Finishes Manual:
https://www.tsib.org/files/Plaster%20Textures%20and
%20Acrylic%20Finishes.pdf
ii. Stucco Accent:

1. Color: Dunn Edwards DE6370 Charcoal Smudge

2. Finish: Fine Sand Float per the Technical Services
Information Bureau's Plaster Textures & Acrylic
Finishes Manual:
https://www.tsib.org/files/Plaster%20Textures%20and
%20Acrylic%20Finishes.pdf
b. Tile: MSI 12x24 Concrete Porcelain Tile "Dimensions - Gris" or approved equal
c. Siding: MSI 6x40 Porcelain Tile Fauna "XL Cyrus" or approved equal cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Markctplocc Hotel/ 22-70079 Attach 5/pz (r lL[ ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079 -DP
d. Canopy & Exterior Doors:
i. Material: Steel (painted).
ii. Color: Dunn Edwards DE6384 "Iron Fixture"
e. Windows

1. Frames: Old Castle/Milgard - Black Anodized Aluminum or approved equal

11. Glazing: 1" Double Glazed; Low-E Insulated; Clear or approved equal
f. Louvers: Wood-Timber "Ironwood" or approved equal
g. Pavement: Match existing Janss Marketplace

60. Architectural Design Guidelines - All provisions of the City's Architectural Desing Review Guidelines and Standards for Evaluating the Construction and Modification of Commercial Development Projects (Resolution No. 2005-011) shall be applicable to this project.

61. Roof Overhangs - When roof overhangs are provided, the roof overhangs must have a minimum depth of at least two (2') feet.

62. Final Floor Plans - The project is approved in concept only with respect to the building floor plans for the building. Prior to the issuance of a building permit, detailed floor plans shall be submitted for review and approval by the Community Development Department.

63. Hotel's Common Recreational Amenities - The applicant shall provide common on-site recreation amenities for the exclusive use by hotel guests, which include a sundry store, meeting rooms, a bar, a commercial kitchen and dining room, a fitness room, restrooms, laundry rooms, a courtyard with an event area and patio, and pool, etc. as shown in the attachments labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated --------- -

64. Hotel's Outdoor Seating - Outdoor seating must be provided at the hotel's common usable open space areas including the courtyard patio and pool.

65. Emergency Exit/Service Doors - All exterior emergency exit and service doors visible from the ground shall be decorative and located in recessed vestibules of sufficient depth to accommodate the installation of overhead cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
recessed security light fixtures. Other doors not viewed from public streets may be illuminated by either the same method or by the installation of decorative architectural light fixtures. Said doors shall be operated from the inside with appropriate a pproved 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.

66. Flat Roof Areas - The flat roof areas and parapet walls exposed to view from surrounding areas shall be color-coded to blend with the exterior building wall color subject to the review and approval of thP. Commun ity Development Department.

67. Roof Access - Access to the roof shall be provided by secured enclosed stairways and locked at all times when not in use. Design, location, and security requirements of said access shall be subject to approval of the Community Development, Fire and Police Departments.

OUTDOOR DINING

68. Outdoor Dining - Outdoor dining associated with the 13,308 square feet of restaurant uses and up to 5,204 square feet of exterior patio space aull ior ized by this permit is hereby approved subject to compliance with the Building Code and Fire Code and compliance with the conditions of this Development Permit.

69. Compliance with Municipal Code - The applicant shall comply with all provisions of Section 9-4.2523 of the Thousand Oaks Municipal Code, which establishes guidelines for o utdoor customer dining a reas. As identified in the "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated , a total of
eight (8) individual storefront systems are proposed along the north and east elevations. Each of these storefront systems represents an individual tenant space and each may have an outdoor dining area. The cumulative outdoor dining area shall not total more than 5,204 square feet of exterior patio space between all eight (8) tenant spaces consistent with the shared use parking analysis entitled "Parking Analysis Memorandum for the Proposed Janss Marketplace Expansion Project in the City of Thousand Oaks" prepared by Kimley-Horn and Associates, Inc. dated October 4, cdd:420-78/sk/H:COMMON/Planning C ommission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Markotplaco Hotcl/ 22-70070 Attach 5/pz (1IL[ ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
2023. If a single restaurant is composed of two to eight (8) tenant spaces, the single restaurant may utilize e ach exterior patio space for each individual tenant spaces as one collective space.

70. Outdoor Dining Site/Floor Plan - The applicant shall provide a detailed dimensioned site/floor plan of an outdoor dining area to the Community Development Department for review and approval prior to the issuance of a Zone Clearance. The issuance of a Zone Clearance is required prior to the commencement of outdoor dining activities.

71. Review of Design and Materials of Outdoor Dining Area - Any outdoor dining area shall be enclosed if alcohol is to be served and consumed within this area. The furniture colors shall be earthtone to compliment the colors used in the shopping center. The design and materials of any outdoor dining area shall compliment the materials used in the shopping center. The design, colors and materials of the outdoor dining area shall be subject to the review and a pproval of the Planning Division o f the Community Development Department, prior to the issuance of any Zone Clearance.

72. Advertising on Furniture for Outdoor Dining Areas Prohibited - 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.

73. Outdoor Lighting and Heating Lamps - The use and placement of any exterior lighting fixtures or heating lamps for any proposed outdoor customer dining area shall be determined through review and submittal to the Planning Division of the Community Development Department as well as through the Building Division. Any lighting fixtures shall minimize on-site and off-site glare; avoid interference with reasonable use of adjoining properties; provide adequate on-site lighting; and provide a compatible design with the total design of the proposed outdoor customer dining area and approved lighting fixtures for the shopping center. No low-pressure sodium lighting fixtures are permitted.
7 4. Outdoor Music - Unamplified outdoor music is allowed within the outdoor dining areas.

75. Live Entertainment Prohibited - Live entertainment, other than unamplified outdoor music, shall be prohibited u nless subsequently authorized by the Planning Commission under a Special Use Permit. cdd:420- 78/sk/H :COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

SCREENING

76. Screening - All exterior trash, recycling, storage utility boxes, service poles, ventilation systems, electric and gas meters, fire sprinkler valves, backflow preventers, and transformers must be screened from public view either with landscaping, fencing or integrated into the design of the primary of accessory structure.

77. Downspouts - The downspouts on the exterior of the buildings shall be concealed within the building walls subject to the review and approval of the Community Development Department.

78. Roof-Mounted Mechanical Equipment - All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated _ ________ _ . Said equipment shall be screened from public view perspectives, including North Moorpark Road, West Hillcrest Drive, West Wilbur Road, Brazil Street, and the Highway 101. In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening lr ealmenl shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

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

80. 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.
cdd:420- 78/sk/H: COMMON/Planning C ommission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Markotolocc Hotel/ 22-70070 Attach 5/pz (i ll [ ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

81. 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 enclosures will be constructed to have outside visibility 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.

82. 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.

ACCESS, CIRCULATION, AND PARKING

83. Driveway Access - The site shall be served by driveway access off North Moorpark Road, West Hillcrest Drive, West Wilbur Road, Brazil Street, as shown on the Exhibits labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and a ttached to the City Council staff report dated Said d riveways shall be designed in
accordance with the City's driveway standards, unless otherwise modified herein.

84. Fire Lane Access - The east-west pedestrian path located to the north of the hotel shall be redeveloped as a fire lane accessed from the internal drive aisle to the west to the interior north-south pedestrian path to the east, as shown on the Exhibits labeled "Project Plan Set," dated September 28, cdd:420-78/sk/H:COMMON/Planning Commission/Agenda P acket/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated _ ________ _ . The existing covered pedestrian entry adjacent to the internal drive aisle and connected to 225 North Moorpark Road and 275 North Moorpark Road is to be demolished, and 275 North Moorpark Road's facade is to be repaired to a quality equal to the facades within the Janss Marketplace. A curb cut, drive apron, and drive aisle shall be designed and constructed to meet Public Works and Fire standards for emergency vehicles. Retractable bollards activated by a Knox key switch, or similar mechanism, shall be installed to limit vehicular access to emergency vehicles only within this fire lane. Decorative pavement shall be installed to be compatible with the design of the pedestrian paths within the Janss Marketplace, and the decorative pavement shall be designed to indicate clearance areas for emergency vehicles. Fire lane signage and markings shall be installed and maintained a s directed by the Fire Department. Furniture, landscaping, and other movable structures shall not be placed within the clearance area as determined by the Fire Code and Building Code.

85. Decorative Paving - Decorative paving material such as rock, tiles, pavers or similar patterned material shall comply with ADA and Title 24 disabled access requirements for paths of travel subject to review and approval by the Community Development Department. Decorative paving material shall be provided at driveway entrances. The final design of this decorative paving treatment shall be subject to review and approval by the Community Development Department prior to installation.

86. Driveway- All driveway areas shall be limited to a maximum fifteen percent (15%) grade and shall be constructed in accordance with Section 9-

4.2404( c)(1 )(v) of the Thousand Oaks Municipal Code and Plate 6-1 of the City's Road Improvement Standards regarding grade transitions. The drive aisle shall have a minimum pavement width as authorized by the Fire Department. The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

87. Required Parking - The project site shall provide a minimum of 2,642 on­ site parking spaces based on the mix of uses and shared use parking analysis entitled "Parking Analysis Memorandum for the Proposed Janss Marketplace Expansion Project in the City of Thousand Oaks" prepared by Kimley-Horn and Associates, Inc. dated October 4, 2023. cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Morkctplocc Hotel/ 22-70079 Attach !:i/pz (FILE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079 -DP
All parking spaces and driveway aisles shall be designed and maintained in accordance with Section 9.4-2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Thousand Oaks Municipal Code. Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change shall require the filing of a modification application to be considered by the Planning Commission.

88. 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 ). No overhang compact parking space shall be permitted within five feet (5-feet) of any vertical obstruction.

89. Parking Stall Dimensions - The dimensions and design of all parking stalls shall be installed as required by the Thousand Oaks Municipal Code Section 9-4.2404.

90. Parking Restrictions - No parking spaces shall be utilized for overnight storage of vehicles. The storage of recreational vehicles and boats on the subject property is prohibited.

91. Bicycle Parking - The Project shall provide a minimum of twenty-five (25) short-term bicycle parking spaces and a minimum of twenty-five (25) long­ term bicycle parking spaces within the Janss Marketplace, which is equivalent to 5% short-term bicycle parking spaces and 5% long-term bicycle parking of the project's required vehicle parking to the satisfaction of the Community Development Director, as documented within the parking analysis entitled "Parking Analysis Memorandum for the Proposed Janss Marketplace Expansion Project in the City of Thousand Oaks" prepared by Kimley-Horn and Associates, Inc. dated October 4, 2023.

The configuration and location of all bicycle parking facilities shall be reviewed 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 front entrances. Bicycle parking should be located along the natural desire lines ot travel tram the bikeways to the facility entrance, in cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
well-lit areas visible from the front entrance and· public areas, in 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 en closures 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.

92. On-Site Traffic Control and Calming - Prior to issuance of any Building Permit, the applicant shall submit a Traffic Control and Traffic Calming plan demonstrating measures within onsite drive aisles and circulation areas.

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

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

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

93. Parking Management Program - Prior to occupancy of the project, a Parking Management Program shall be designed and submitted to ensure that loading and unloading zones for guests and deliveries are established onsite. At a minimum, the Parking Management Program shall specify where the loading and unloading areas are located, the types/sizes of vehicles which can be accommodated, the length of time vehicles may be at these locations, idling of trucks and other equipment is prohibited, and how the operator will enforce these provisions. Additionally, the Parking Management Program shall include a valet program which is to be implemented for hotel special events. The valet program shall include example signage that clearly directs taxi/rideshare vehicles and valet parking customers to appropriate a reas. The Parking Management Program shall also include items to reduce auto dependency by having options which may include shuttles, auto sharing, bike sharing, ridesharing and, education/information programs with guests. Said program shall be subject to review and approval by the Community Development, Public Works, and Police Departments.
cdd:4'..W-/8/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B Janss Marketplace I lotel/ 22-70079 Al lad 1 5/µL (Fl LE ID: 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

SPECIAL EVENTS AND ENTERTAINMENT

94. Live Entertainment Restriction - The Development Permit is granted to only allow scheduled hotel special events in the hotel's event space and meeting rooms, which could include live entertainment, subject to the conditions of this permit. The Development Permit does not allow for live entertainment in the hotel bar or restaurant area, a dance establishment or nightclub at this location. A Special Use Permit approved by the Planning Commission would be required before any live entertainment would be permitted in the hotel bar or restaurant area. A Special Use Permit approved by the Planning Commission would be required before a dance establishment or nightclub use would be permitted at this location.

95. Hotel Special Events Size Limitations - Hotel special events, including weddings, with a maximum of 250 total attendees and staff members are considered "incidental and accessory uses" to the hotel's operation and are authorized to occur within the hotel's event space and meeting rooms without any additional Planning entitlements. Special events with 251 total attendees and staff members or more shall be reviewed and approved by the Community Development Department and processed as either a Minor Modification or a Major Modification at the determination of the Community Development Director.

96. Hotel Special Events Coordination with Agencies - The hotel operator is to coordinate a ll special events with the Fire Department, Police Department, and Alcohol Beverage Control, and any and all permits from those Departments and Agencies are to be secured prior to the start of the special event. The hotel operator is to provide contact information to the lead staff member who will be onsite during special events to the Fire Department, Police Department, and Alcohol Beverage Control. The staff member shall be available during the event to receive texts and or calls at a specific telephone number to take immediate action if requested by the Fire Department, Police Department, and Alcohol Beverage Control. Upon request, the hotel operator shall provide calendars of scheduled special events to the Community Development Department, Fire Department, Police Department, and Alcohol Beverage Control. In no case shall sales, service or consumption of alcoholic beverages at a special event occur after 1 :30 a.m.

97. Hotel Special Events Operating Hours - Special events shall conclude by 2:00 a.m. Any breakdown of an event or clean-up of event areas shall also be completed by 3:00 a.m. or the following day.
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP

98. Hotel Special Events Noise Monitoring Plan - All special events are to be compliant with the City's noise regulations. The hotel operator shall develop a Noise Monitoring Plan and submit it to the City for review and approval by the City Attorney, Community Development Director, and Police Chief prior to the first special event. The Noise Monitoring Plan shall identify the speaker system arrangements for live bands, disc jockey/ master of ceremony and individual performers and noise monitoring locations. Multi-stationed loudspeaker systems shall be utilized to distribute audio throughout the special event area, speakers shall be aimed to retain sound within the special event area, and sound-dampening materials shall be utilized to minimize sound escaping the special event area. The Noise Monitoring Plan shall identify a lead staff member by title, the lead staff's contact information, noise training the lead staff will receive to conduct sound measurements, the equipment to be used to monitor sound, and noise monitoring locations. The lead staff member shall be available during special events to receive texts and or calls at a specific telephone number to take immediate action to report noise levels and reduce noise consistent with this condition. During special events, the lead staff member shall monitor and document noise levels to ensure that sound levels emitted from the special event shall not exceed 60 dB(A) at the nearest residential property line. Sound measurement credentials and noise measuring records shall be kept for a minimum period of twelve (12) months, and the hotel operator shall provide special event noise measuring records to the Community Development Department and Police Department upon request. Failure to keep records, or produce records on request, shall constitute failure to comply with these conditions. If noise levels exceed the sound levels specified in this condition, the Noise Monitoring Plan shall be reviewed and revised to the satisfaction of the City Attorney, Community Development Director, and Police Chief.

99. Hotel Special Events Security Plan - The hotel operator shall develop a security plan and submit it to the City for review and approval prior to the first special event. The security plan shall identify the size of special events, layouts of special events, personnel associated with special events, and frequency of special events. Row seating shall be fastened together in groups of three or more. The Security Plan shall be reviewed and revised to the satisfaction of the City Attorney, Community Development Director, and Police Chief.
100. Fire Protection Equipment and Systems - Fire extinguishers and fire protection components shall be maintained operational and accessible at all times. A serviced 2A: 1 0BC rated fire extinguisher shall be provided and mounted in all areas not to exceed 75 feet of travel.
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
101. Catering - All food provided for special events shall be from the hotel or a catering company. Concession stands are prohibited at special events. 102. Open Flame or Candle Permits - An open flame or candle permit shall be required and obtained from the Fire Department prior to any special event utilizing open flames or candles.
103. Fireworks Prohibited - Fireworks are prohibited at special events.

LANDSCAPING, FENCES, AND WALLS
104. Landscaping and Irrigation - All landscaping shall be designed using xeriscaping techniques; i.e., drought-tolerant low water-using plants. The use of lawns, grasses, and turf shall be minimized. Landscape irrigation systems shall likewise be designed using low-output sprinklers and/or drip automatic timed controls.
105. Final Landscape Plans - The submitted preliminary landscape plan is approved in concept only. Prior to the issuance of a grading or building permit, final construction landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted u nder a separate permit for review and a pproval by the Commun ity 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 Nos. 2006-108 and 2007-116), the Forestry Master Plan Thousand Oaks West Regional Character Design Guidelines, the Ventura County Fire Department's Prohibit Plant List and associated standards and guidelines, the Ventura County Fire Department's Ordinance 32 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas, and in compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO) standards and city ordinance prohibiting non-functional turf in commercial and multifamily areas. The final landscape plan shall incorporate a ll landscape areas, including added areas as conditioned herein.

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under a separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures, including standards, shall be shown on the landscape plans lo cdd:420- 78/sk/H :COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/07B J anss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP) Page63o f 154 Res. No.17-2023 PC

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
ensure no conflict occurs between the 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.

Prior to the approval of the building permit, a licensed landscape architect is to provide a signed and stamped letter to the Community Development Director confirming the landscape plan has been designed consistent with the above-referenced standards and conditions of this permit. Prior to the issuance of a certificate of occupancy for the final building, an independent auditor or licensed landscape architect is to provide a signed and stamped letter to the Community Development Director confirming the landscape plan has been installed consistent with the approved landscape plan. 106. Resolution No. 93-7 4 - All landscape standards and guidelines of Resolution No. 93-74 requiring the preparation of planting and irrigation plans shall apply to this permit approval.
107. Landscaping Material Selection - All new landsc aping treatment shall consist of a minimum combination of at least two (2) twenty-four-inch (24") box size, one (1) thirty-six inch (36") box size, and one (1) forty-eight inch (48") box size deciduous and evergreen trees to help screen the building's facades. All shrubs shall consist of a minimum of five (5) and fifteen (15) gallon containers. The type of landscaping material shall be accomplished 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.
108. 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.
109. Permanent Maintenance of Landscaping - The approved landscaping shall be permanently maintained for the life of the project and in accordance with Section 1-6.01 ( e) (Public Nuisances) of the Thousand Oaks Municipal Code. Any redesign or alteration of project landscaping shall be subject to approval of the Community Development Department and shall be accomplished through the filing of a Landscape Plan Check application, provided such alteration is consistent with all City codes, policies, and project entitlement conditions.
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
110. Wall Treatment - Any proposed screening wall, garden wall or retaining wall shall be decorative in a ppearance with similar, enhanced, or complementary materials and colors to t hose used on the proposed building, with appropriate relief methods (including pilasters and decorative cap). Final detail drawings reflecting design, materials s elections and locations shall be submitted prior to the issuance of any building permit, subject t o the review and approval by the Community Development Department.
111. Walls and Fencing - Fences and walls shall have a maximum exposed height of six feet. Where a solid fence or wall is provided, it shall be designed with both sides articulated, and with similar, enhanced, or complementary materials and colors to those used on the proposed building. Perimeter fencing utilized a long a public street m ust be constructed of decorative iron, steel, pre-painted welded steel, or wood material. Security fencing, such as electrical, barbed wire, razor wire or fences with sharp pointed features are prohibited. All fences and walls designed for screening purposes must be of solid material. Chain link fencing with or without slats is prohibited. If a gate is to be used to screen the transformer, the gate and enclosure shall be solid to conceal the interior area from public view. Said gate shall be decorative in appearance with similar, enhanced, or complementary materials and colors to those used on the proposed building and is subject to review and approval by the Planning Division of the Community Development Department.
112. Exterior Patio Wall Design - The exterior patio walls and railings shall be limited to a maximum exposed combined height of six (6) feet. Up to 60% of the exterior patio wall may be a solid masonry element or landscape planter and the remaining height is to be a glass or an open railing system or landscaping with architectural qualities.
113. Perimeter Wall/Fence Design - Prior to the start of construction, the applicant's Surveyor is to verify the location of all existing buildings and structures along the perimeter of the construction area and determine if existing buildings and structures do or do not encroach into other properties.

If buildings and or structures encroach onto other properties, the applicant is to either 1) remove encroaching buildings and or structures from other properties and reconstruct the buildings and or structures consistent with zoning regulations, Building Code and Fire Code, 2) obtain easements from adjacent property owners to allow the encroachments to continue, or 3) process a Lot Line Adjustment to cure the e ncroachments. A survey detailing the location of all existing buildings and structures along the perimeter ot the construction area shall be submitted prior to the Issuance cdd:420-78/sk/H:COMMON/Planning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace Hotel/ 22-70079 Attach 5/pz (FILE ID: 2022-70079-DP)

COMMUN ITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
of any building permit, subject to review and approval of the Community Development Department, Public Works Department, and Fire Department. 114. Gates/Barriers - Permanent gates and barriers blocking pedestrian paths through the Janss Marketplace are prohibited. Temporary gates and barriers for construction are allowed during construction activities.

LIGHTING
115. Site Illumination - The project's site illumination shall be designed in a manner that is uniform in design and appearance. Lighting fixtures shall be architectural appropriate to the project. Lighting fixtures shall include flat lens and shielding devices to avoid 3n over-intensification of illumination, to direct the illumination in a downward direction (full cut-off), and to eliminate any spillover of light into adjacent properties and past the centerline of public streets. All lighting shall be consistent with the intent of the lighting as shown on the Exhibits labeled "Project Plan Set," dated September 28, 2023, attached to the Planning Commission staff report dated October 23, 2023, and attached to the City Council staff report dated --------- -
116. 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, and 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. The photometric analysis shall specify brightness (footcandles and lumens) and color (Kelvin and LED color temperatures). Prior to issuance of a certificate of occupancy for the final building, a registered Electrical Engineer is to p rovide a signed and stamped letter to the Community Development Director confirming the exterior lighting has been installed consistent with the approved photometric plan. 117. Light Source - The use of metal halide and LED fixtures are preferred over high-pressure sodium fixtures, since they provide superior illumination and color rendition; however, use of bright white, high-intensity LED or metal halide lighting is prohibited.
118. Pedestrian Lighting - Pedestrian walkways may be illuminated by bollard lighting or by light poles reduced in height proportion to human scale. cdd :420- 78/sk/H: COMMON/1-'lanning Commission/Agenda Packet/2023/2023-10-23/225/Janss Hotel/078 Janss Marketplace I lotel/ 22-70079 Attach '.i/pz {FILE ID. 2022-70079-DP)

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2022-70079-DP
119. Wall Lighting - Building walls may be illuminated by decorative architectural lights but not by any wall-pack type light fixtures. Wall lighting fixtures at building entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division. Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.
120. Decorative Lighting Above Public and Common Areas - Low-intensity lighting may be provided above and across any public and common exterior spaces provided the lighting does not interfere with Fire a ccess requirements.
121. Roof Lighting - 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 the height of the parapet.

PUBLIC ART
122. Exterior Public Art - Any proposed exterior public art to be installed or projected onto the Janss Marketplace Hotel Project's building or installed or projected within the Janss Marketplace Hotel Project's airspace shall be submitted a nd a pproved in a ccordance with the Public Art P rogram applicable at the time the public art is proposed. If no Public Art Program is applicable at the time the public art is proposed, a Minor Modification to the Development Permit will be required.
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