Attachment 5 Resolution — Thousand Oaks City Council, March 19, 2024

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS DETERMINING THAT THE PROJECT IS

CATEGORICALLY EXEMPT FROM CEQA AND APPROVING A
RESIDENTIAL PLANNED DEVELOPMENT PERMIT; TENTATIVE
TRACT MAP; PROTECTED TREE PERMIT; AND LANDSCAPE

PLAN CHECK FOR CERTAIN PROPERTY WITHIN SAID CITY AT
384 ERBES ROAD (APN NOS. 670-0-250-290 AND 670-0-250-210)

AND DECLARING THE PROPERTY EXEMPT SURPLUS

PROPERTY PURSUANT TO THE SURPLUS LAND ACT
(APPLICATIONS: 2023-70014-RPD; 2023-70001-TTM; 2023-
70125-PTP; 2023-70020-LPC; 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP) (APPLICANT: DICECCO ARCHITECTURE, INC.

ON BEHALF OF PEOPLE’S SELF-HELP HOUSING)
SECTION 1
WHEREAS, the applicant has filed with the City an application under the provisions of the City of Thousand Oaks Municipal Code requesting the following:

1. To find that the project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA).

2. 2023-70014-RPD: To allow construction of an affordable, 78-unit, three- story townhome project, consisting of eight buildings with a minimum of eight (8) accessible units. Each unit contains an attached garage. The project would provide 148 covered parking spaces and 17 surface parking spaces to serve guests. The applicant is requesting concessions as allowed by the State density bonus law to allow the following:
a) A concession to decrease the open space requirement of 35 percent to be reduced to 9.19 percent with the provision that a connected pathway and gate will be installed to connect the housing project to the adjacent park.
b) A waiver to decrease the front setback from twenty feet (20) to eighteen feet and three inches (18’3”), rear setback from thirty feet (30’) to fourteen feet and five inches (14’5”), and a request for the interior side from thirty feet (30’) to twenty (20’) setback which requires approval from the reviewing body.

The applicant is requesting two (2) modifications to the Objective Design Standards (ODS) of the Thousand Oaks Municipal Code (TOMC) to allow the following:

ATTACHMENT #5
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a) Rowhouse Standard/Access – The main entrance to each dwelling must be accessed directly from and face the street [TOMC Section 9-4.2205 (e)(5)(i)]; and
b) Rowhouse Standard/Outdoor Space – Useable, outdoor space must be provided behind each rowhouse unit with a fifteen percent minimum of the lot area and of a regular geometry with a minimum dimension of ten feet [TOMC Section 9-4.2205 (e)(5)(iii)].

3. 2023-70001-TTM: To consolidate two legal parcels and establish a 78-unit condominium map; and

4. 2023-70125-PTP: To allow the removal of two oak trees with the mitigation of 8 oak trees (4:1) and the protection and monitoring of eleven (11) protected trees.

5. 2023-70020-LPC: To allow the installation of associated landscaping and commons space amenities and improvements.

WHEREAS, on December 7, 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 December 7, 2023, a Notice of Application sign was posted on the subject property; and
WHEREAS, on February 12, 2024, 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 February 12, 2024, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the February 26, 2024, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the February 26, 2024, 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; and
WHEREAS, the City Council, upon giving the required notice, did, on the March 19, 2024, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
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WHEREAS, at the March 19, 2024, City Council 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, the findings of the City Council in approval of said 2023-70014- RPD 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 is consistent with the Thousand Oaks General Plan as it’s consistent with the goals and programs within the Housing Element and Land Use Element. The Land Use Element designation of “Neighborhood High” allows a density of 20 to 30 units per acre and a height of 50 feet. The designation aims to facilitate a variety of multi-family housing. The proposed project would be developed at 20 units per acre and the height will not exceed 40 feet. The project is consistent with the General Plan Policies as follows:

Policy 1.1 Overall City structure -Incentivizing and streamlining infill multi-family development.

Policy 1.2 Complete community- Strive to maintain a diverse and balanced mix of uses in the City, so that Thousand Oaks is a “complete community” with a diversity of housing for all stages of life and income levels; improve alignment of educational attainment opportunities with high-paying employment opportunities, open space, public facilities that meet residents’ needs, and retail and service to support daily life.

Policy 1.3 Balance character and infill – Maintain community character while promoting infill development that brings needed housing, amenities, and jobs to the City.

In addition, the project will be consistent with the goals and policies of the General Plan Housing Element by providing ownership units to lower-income and moderate-income households. There are no specific plans or redevelopment plans applicable to this project.

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

The project is consistent with all applicable laws, regulations, and policies, including the Thousand Oak Municipal Code, with a waiver to decrease the front, rear, exterior side, and interior setbacks as well as a concession to decrease the open space requirement. Additional modifications from the City’s Objective Design CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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Standards are being requested to deviate from the Rowhouse standards since the front entrance of the units will not face the street and to deviate from the required fifteen percent minimum of the lot area and a regular geometry with a minimum of ten feet. Under the State Density Bonus law, developers can request deviations/reductions in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback of the required.

The applicant is requesting a concession to decrease the open space requirement from 35 percent to be reduced to 9.19 percent. The reduction in open space is necessary to make the housing development financially feasible, as the reduction in open space will significantly reduce the project’s development costs.

The project has incorporated design features intended to mitigate any potential impacts of the reduced open space by taking advantage of its proximity to Estella Park. The project incorporates a disabled accessible ramp to provide connectivity to the park allowing residents immediate access to open space.

The applicant is requesting a waiver to reduce front setback from twenty feet (20’) to eighteen feet and 3 inches (18’3”), rear setback from thirty feet (30’) to ten feet (10’), exterior setback side from thirty feet (30’) to fourteen feet and five inches (14’5”), and a request for the interior side setback from thirty feet (30’) to twenty feet (20’). The waiver is being requested because strict application of the required setbacks could physically preclude the construction of the project as site limitations make it difficult, outside of the proposed configuration, to include the number of units needed to meet the required density under the General Plan. The land use designation allows a density of 20 to 30 units per acre and a height of 50 feet. This proposed project proposes 20 units per acre and will not exceed 40 feet in height.

The design with eight separate buildings will aid in accommodating appropriate access, and pedestrian connectivity by providing landscaped paseos and connectivity within the development that would yield a better-designed project that will provide a relationship with the street along Erbes Road.

Additionally, under Density Bonus Law, Government Code Section 65915(p), the parking ratios required for density bonus eligible multi-family apartment buildings are one (1) parking space per one-bedroom unit and one-and-a-half (1 ½) parking spaces for a two-bedroom unit, inclusive of parking for persons with disabilities and guests. Thus, the project is required to provide 113 parking spaces.

The proposed project provides 148 covered parking spaces and an additional 17 uncovered, guest parking spaces for a total of 165 parking spaces, which exceeds the parking requirements by 52 spaces.

The design of the new 78-unit townhome development complies with all applicable laws, regulations, and policies, including the Precise Plan of Design Guidelines (Resolution No. 2006-108). The proposed project is being developed at the lowest density allowed to respect the scale of the neighborhood. The CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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structures incorporate enhanced architectural design, including vertical and horizontal elements and decorative material finishes and colors.

The project also complies with the requirements of the Inclusionary Housing Ordinance by providing 78 affordable housing units, one hundred (100) percent of the project, which far exceeds the requirements of the City’s Inclusionary Housing Ordinance.

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

This project has been reviewed and approved by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD). With the incorporation of the conditions set forth by these departments and agencies, the project will not be detrimental to public health, safety, or general 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 particular site, and uses on parcels within the zone in which the use is located; and, b. Will not result in a use which may reasonably be expected to become obnoxious, dangerous, offensive, or injurious to the public health, safety, or welfare, by reason of the emission of noise, smoke, dust, fumes, vibrations, odor, or harmful or annoying substances: and,
c. Will preserve the integrity and character of the zone in which the use will be located and the utility and the value of property in the zone and adjacent zones; and,
d. Will not become detrimental to the public interest, health, safety, convenience, 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 project was analyzed for conformance with the California Environmental Quality Act (CEQA). It has been determined that the proposed project is categorically exempt from the provisions of CEQA pursuant to Class 32 Section 15332 – In-fill Development, which consists of an urban infill development project that is less than five (5) acres, is consistent with the zoning classification as well as the General Plan land use designation. The site is located within an urbanized area and would be served by existing street access and all utilities and public services are available.

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Additionally, the proposed project is also exempt under Section 15194 of the CEQA Guidelines – Affordable Housing Exemption. An environmental analysis was prepared that concluded that no impacts are anticipated in the areas of biological resources, traffic, air quality, noise, cultural resources, and water quality.

SECTION 3
WHEREAS, the findings of the City Council may recommend denial of the map if any of the required findings cannot be made; and WHEREAS, the findings of the City Council supporting approval of said 2023-70001-TTM are as follows:

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

The proposed subdivision is consistent with the General Plan Neighborhood High land use designation, which allows a density of 20-30 units per acre as well as the Multi-Family (R-3) Residential zone. The development is proposed at a density of 20 units per acre.

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

The proposed design and improvements of the subdivision are consistent with the General Plan. The project has been designed to meet the requirements for projects located within fire hazard severity zones including landscaping requirements, finishing materials, access, and separation. The project also includes the containment of water runoff on-site as well as underground utilities.

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

The proposed subdivision of the Property, as shown on the proposed Tentative Tract Map No. 6096, including its design and improvements, is consistent with the zoning and development standard of the Multi-Family (R-3) Residential zone, which is the implementing zone for the Neighborhood High land use designation.

4.That the site is physically suitable for the proposed density of development.

The site is physically suitable for the type and density of the Proposed Project in that the 3.86-acre site allows for the development of the 78 townhome units residential subdivision in compliance with the R-3 zone and Housing Incentive development standards.

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

The design of the subdivision, as shown on the proposed Tentative Tract Map No. 6096, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. The project has been designed to limit grading to less than 25 percent to retain the existing landform.

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

The design of the subdivision, as shown on the proposed Tentative Tract Map No. 6097 is not likely to cause serious public health problems. The proposed subdivision would provide adequate Fire Department access and interior circulation to serve the development during an emergency. The project has been designed to minimize grading to less than 25 percent and to accommodate all onsite improvements such as the stormwater retention basin.

7.That the design of the subdivision or the type of improvement will not conflict with an easement, 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 Section 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 not 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.

The design of the subdivision or the proposed improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. Staff reviewed existing easements as well as proposed easements and found no conflicts. The proposed project would not create traffic impacts that would require street improvements such as street widening and new road surfaces.

SECTION 4
WHEREAS, the findings of the City Council supporting approval of said modifications from TOMC Section 9-4.2202 Objective Design Standards as set forth in TOMC Section 9-4.2202 are as follows:

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1. The Modification, while not consistent with a specific provision of this Code, is justified by its intent or by design hardship and allows reasonable and conforming use that is consistent with the General Plan goals and policies and underlying zoning district.

Providing a main entrance to each dwelling directly from and facing the street would result in a design hardship due to the topography. The sites frontage along Hillcrest is below street grade and it varies from 7 to 12 feet. In order to meet the standard, the site would need to be graded and filled to match street grade. This would be a financial hardship and the natural setting of the site would change the existing character of the area. Providing outdoor space behind each unit would prevent the project from meeting the minimum density required under the General Plan Medium High land use designation and would require more grading to accommodate this requirement.

2. The Modification would result in development consistent with the scale and character of existing and allowable development in the vicinity under the same zoning.

Granting modifications would result in a project that is compatible with the neighborhood and provide a better layout and design. The proposed project provides a density of 20 units per acre instead of maximizing the 30 units per acre allowed under the General Plan, therefore, respecting the existing scale of the area.

3.The Modification would result in development that is not detrimental to or that would not adversely impact adjacent properties.

The modifications would yield a better design that is compatible with the area, while minimizing grading and the loss of trees. The Modification would result in development that is not detrimental to or that would not adversely impact adjacent properties.

SECTION 5
WHEREAS, the findings of the City Council supporting approval of said 2023-70125-PTP, as stated in [TOMC Section 9-4.4206(b)] are as follows:

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

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

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

The subject scope of work does not include removal or cutting of trees exclusively to remove a condition hazardous to existing development. However, two of the trees are proposed to be removed because it would be difficult to preserve.

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

The tree permit is for thirteen (13) existing protected trees located on the project site. Eleven (11) of these trees will be encroached upon during construction and require protection measures and monitoring while two (2) are being removed.

Appropriate project conditions are in place to safeguard the oak trees, including the installation of fencing around the protected zones and on-site monitoring by the applicant’s consultant during all encroachment and pruning operations. The Applicant would be required to offset the loss of the two trees being removed by planting four oak trees per tree being removed. A tree permit may be approved when trees interfere with the reasonable and conforming use of the property. The project has been designed to minimize grading and impact on existing trees. Due to the topography of the site, the project proposes to place Building 1 closer to the street, in the area where the trees are located. This portion of the site is primarily flat and at grade with the existing sidewalk, and where accessible access from the street to the project can be accommodated. The health of the trees was evaluated by the City’s arborist consultant. Based on the evaluation, the arborist determined that both trees have serious structural flaws and recommended that the loss of the trees be mitigated at a 4:1 replacement ratio. Therefore, the tree permit meets the criteria for removal under the requirements of the municipal code as well as the Oak Tree Preservation and Protection Guidelines (Resolution No. 2002-091) adopted by the City.

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

Approval is consistent with the intent of the Oak Tree Preservation and Protection Ordinance since the proposed removal of 2 Coast Live Oak (Quercus agrifolia) trees will be replaced in a 4:1 ratio in accordance with mitigation CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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standards adopted by the Oak Tree Preservation and Protection Guidelines Resolution No. 2010-14.

In addition, the project is consistent with the Thousand Oaks General Plan, including the Conservation Element, in that conditions have been applied to minimize impacts from encroachment within the protected zone of the eleven (11) protected Coast Live Oak (Quercus agrifolia) trees. With the inclusion of conditions, the proposed encroachment within the tree’s protected zone is not likely to result in a decline in the health of the trees.

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

The Protected Tree Permit request has been reviewed for conformance with the provisions of the California Environmental Quality Act. The project is exempt from CEQA and an environmental analysis for this project has been prepared.

SECTION 6
WHEREAS, State Government Code Section 65402 stipulates that before the disposition of real property by a government agency, the planning agency of the jurisdiction in which said property is located must first make the finding that the dispositions of said real property conforms with the adopted General Plan of the local jurisdiction; and
WHEREAS, the City Council makes the following finding:

The Planning Commission determined, on February 26, 2024, that the disposition of the property is consistent with the adopted goals and policies of the General Plan Land Use Element and any other applicable General Plan element. The disposition of land is consistent with the General Plan.

SECTION 7
WHEREAS, The City acquired the property at 384 N. Erbes Road (APN 670-0250-210, and APN 670-0250-290) (the “Site”) to make the Site available for the development of affordable housing; and
WHEREAS, the Surplus Land Act (California Government Code Section 54220 et seq.) is intended to make a local agency’s surplus land available to other public entities or affordable housing sponsors for the creation of affordable housing; and
WHEREAS, California Government Code Section 54221(f)(1)(F) provided that property transferred for affordable housing (as specified) pursuant to an open competitive process is “exempt surplus land” under the Surplus Land Act; and CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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WHEREAS, on April 26, 2022, the City Council directed the Site to be offered to affordable housing entities (including those entities in subdivision (a) of California Government Code Section 54222) through an open competitive process which specifically solicited proposals that complied with the affordability requirements of California Government Code Sections 54221(f)(1)(F); and WHEREAS, the City adopted Resolution No. 2022-018 on May 2022 declaring that the Site is exempt surplus land, contingent upon the Site being transferred to an affordable housing entity in compliance with all the applicable requirements of California Government Code Section 64221(f)(1)(F); and WHEREAS, a transfer of property to a community land trust, provided that the transfer meets all of the requirements of California Government Code Section 54221(f)(1)(R), qualifies as a transfer of “exempt surplus land” under the Surplus Land Act; and
WHEREAS, the City Council finds that the transfer of the property to Housing Land Trust Ventura County, pursuant to the terms of the Disposition & Development Agreement by and Among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation, is a transfer to a community land trust pursuant to California Government Code Section 54221(f)(1)(R); and
WHEREAS, the City Council finds that the property is being developed, pursuant to the terms of the Disposition & Development Agreement by and Among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation, as owner-occupied single family dwellings meeting the condition of California Government Code Section 54221(f)(1)(R)(i); and WHEREAS, the City Council finds that the housing being developed will be available to qualified persons, as defined in paragraph (6) of subdivision (c) of Section 214.18 of the Revenue and Taxation Code, as required by the terms of the Disposition & Development Agreement by and Among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation, meeting the condition of California Government Code Section 54221(f)(1)(R)(ii); and
WHEREAS, the City Council finds that the terms of the Disposition & Development Agreement by and Among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation require the recording of various instruments serving as an enforceable restriction on the sale and resale value of owner-occupied units meeting the condition of California Government Code Sections 54221(f)(1)(R)(iii) and (iv); and CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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WHEREAS, the transfer of the property to Housing Land Trust Ventura County, pursuant to the terms of the proposed Disposition and Development Agreement would satisfy all of the applicable requirements of California Government Code Section 54221(f)(1)(R).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks that based on substantial evidence contained within the record finds that:

1. Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 32 Section 15332 In-Fill Development Projects and Section 15194 Affordable Housing; and

2. That based on the analysis in the agenda report, the findings of fact above, and recommendation of the Planning Commission, the City Council approves said 2023-70014-RPD, 2023-70001-TTM, 2023-70125-PTP and 2023-70020 LP; 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; and

3. The transfer of 384 Erbes Road (APN # 670-0-250-290 AND 670-0-250-210), pursuant to the terms of the Disposition and Development Agreement By and Among the City of Thousand Oaks and Housing Land Trust Ventura County and People’s Self-Help Housing Corporation is a transfer of "exempt surplus land" pursuant to Section 54221(f)(1)(R) of the Government Code.

PASSED AND ADOPTED this 19th day of March, 2024, by the following vote:

Ayes:

Noes:

Absent:

Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
__________________________
Laura B. Maguire, City Clerk
Date Attested: ______________
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APPROVED AS TO FORM:

Office of the City Attorney
___________________________________
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
___________________________________
Andrew P. Powers, City Manager
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.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APROVAL
FOR RPD-2023-70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023- 70020
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CONDITIONS OF APPROVAL FOR RPD-2023-70014, TTM-2023-70001, PTP- 2023-70125, and LPC-2023-70020

COMMUNITY DEVELOPMENT DEPARTMENT

1.Land and Application – The General Plan Amendment; Development Permit; Protected Tree Permit; and Development Agreement are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated January 15, 2024, attachment to the Planning Commission staff report dated February 26, 2024.

2.Scope of Permit Approval – A Development Permit allowing the construction of a 78-unit one hundred (100) percent affordable residential project with 8 buildings of town houses with attached garages, as shown on project plans labeled “Project Plan Set,” dated January 15, 2024, unless conditioned otherwise herein.

3.Approval Period/Use Inauguration – The Residential Planned Development permit is granted for a three (3) year period of time beginning on the approval date, 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.Compliance with Applicable Laws, Rules, and Regulations – The applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the industrial establishment.

5.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 shall be submitted to the Community Development Department.

6.Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code and established by City Council.

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7.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 RPD-2023-70014 by the City.

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

9.Project Changes/Modifications – Any minor change to RPD-2023-70014 may be approved by the Community Development Department through the appropriate entitlement process.

10.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.

11.Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

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

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

14.Affordable Housing Agreement – The applicant shall submit to the City an affordable housing agreement for review and approval by the Community Development Department that provides for the on-going affordability of the project. Approval of this residential project is subject to execution of Disposition and Development Agreement between City of Thousand Oaks and Housing Land Trust Ventura County, a California nonprofit public benefit corporation (Land Trust VC), and People’s Self-Help Housing Corporation, a California nonprofit public benefit corporation (PSHH), referred collectively as the “Developer.”
The Affordable Housing Agreement shall require 19 moderate-income units (not to exceed 120 percent AMI), 49 lower-income units (not to exceed 80 percent AMI), and 10 LMIHAF units (Housing Cost as set forth in Section 50052.5(c)) to be preserved based on the County median income (AMI).

The Affordable Housing Agreement shall comply with the latest California State requirements.

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

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

15.Private Useable Open Space – A minimum private patio area with direct access to and from the units shall be provided for each townhouse unit, as shown in the attachments labeled “Project Plan Set,” dated January 15, 2024, to the Planning Commission staff report dated February 26, 2024.

16.Setback standards – All development standards shall be satisfied to include the following per the submitted plan:

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Development Standards - Setbacks
Yard Adjacent
Street/ Use Required Provided
Front
(Northeast) Hillcrest Rd 20’ from adjacent
public street
18’ 3” at closest
point from Building
2 (Included in
Concessions)
Rear
(Southwest) Estella Park
20’ from property
line adjacent to
perimeter street
plus 5 for each 10’
in height above 25
10’ at closest point
from Building 7
(Included in
Concessions)
Side
(Northwest) Erbes Rd As specified by
permit
14’ 5” from Building
1 Side
(Southeast)
Single-Family
Residential
20’ from property
line adjacent to
perimeter street
plus 5 for each 10’
in height above 25
20’ from Building 5
(Included in
Concessions)

17.Architectural Building Design – The architectural design shall comply with the building plans as shown in the attachments labeled “Project Plan Set,” dated January 15, 2024, to the Planning Commission staff report dated February 26, 2024.

18.Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated January 15, 2024, to the Planning Commission staff report dated February 26, 2024, are approved in concept only. Prior to the issuance of a grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

19.Building Height – The maximum building height may not exceed 40’, as shown in the exhibits labeled “Project Plan Set,” dated January 15, 2024.

20.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 January 15,

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2024. Said equipment shall be screened from public view. In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

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

22.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.

23.Utilities – Utility service lines shall be placed underground unless a written determination of infeasibility is obtained from the Community Development Director. The Permittee shall indicate on the grading and construction plans the location of utilities and point of connection(s), and a note stating the utilities will be undergrounded.

PARKING, ACCESS, AND DRIVEWAY

24.Required Parking – A minimum of 165 parking spaces shall be provided as shown on site within “Project Plan Set,” dated January 15, 2024, with 148 spaces designated for resident use by way of attached garages and 17 parking stalls, including a van accessible parking space, designated for temporary or guest use. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code. On- site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the TOMC or State Density Bonus Law (Government Code Sections 65915 – 65918). Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

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25.Compact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25 percent) parking spaces based on the total parking requirements as indicated under Section 9-4.2404(d)(3). No overhang compact parking space shall be permitted within five feet (5 feet) of any vertical obstruction.

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

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

4.2404(c)(1)(iv) of the Thousand Oaks Municipal Code and Plate 6-1 of the City’s Road Improvement Standards regarding grade transitions. The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

28.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 be 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.

29.Parking Management Program – Prior to occupancy of the project, a Parking Management Program shall be designed and submitted to ensure that proper parking assignments for tenants, guests, and employees are established within the parking structure and designated exterior spaces, as well as address timing and procedures for moving activities and moving- related vehicles/vans for all residential units. As part of the Parking Management Program, the applicant shall provide appropriate signage.

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

30.Site Maintenance – The Applicant shall maintain the Project site in a neat and orderly manner and not create any hazardous conditions or unsightly conditions which are visible from outside of the Project site. Only equipment and/or materials which the Community Development Director determines to substantially comply with the Project description shall be stored withing the Project site during the life of the project. The City Building Inspector, Public Works Agency Grading Inspector, Fire Marshall, and/or Community Development Division staff has the authority to conduct periodic site inspections to ensure the Permittee’s ongoing compliance with this condition.

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31.Contact Person – The Applicant shall designate a contact person to respond to complaints from citizens and the City which are related to the permitted uses of this permit. The contact persons information (e.g., name and/or position title, address, business and cell phone numbers, and email addresses) of the Permittee’s filed agent who receives all orders, notices, and communications regarding matters of condition and code compliance at the Project site. The contact information is to be submitted to the Community Development Department prior to issuance of a building permit.

LANDSCAPING, FENCES, AND WALLS

32.Wall Treatment – Any proposed retaining or garden wall shall be decorative in appearance, with appropriate relief methods (including pilasters and decorative cap). Final detail drawings reflecting design, materials selections and locations shall be submitted prior to the issuance of any building permit, subject to the review and approval by the Community Development Department.

33.Walls and Fencing – Fences and walls shall have a maximum height of six feet. Where a solid fence or wall is provided, it shall be designed with both sides articulated, and with similar, enhanced, or complementary materials and colors to those used on the proposed building. Chain link fencing is prohibited.

34.Landscape Design Compliance/Approval – 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 under a separate permit for review and approval by the Community Development Department through a Landscape Plan Check application. Any landscape and irrigation improvements shall be designed and installed per the City’s Guidelines and Standards for Landscape Planting and Irrigation Plans (Resolution Nos. 2006-108 and 2007-116), the Forestry Master Plan Newbury Park Regional Character Design Guidelines, the Ventura County Fire Department’s Prohibit Plan List and associated standards and guidelines, 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 all landscape areas, including added areas as conditioned herein.

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Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures, including standards, shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.

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

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. Prior to issuance of a certificate of occupancy for the final building in each phase, 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.

35.Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

36.Landscape Planters – All landscape planters and fingers shall be planted with shrubs, trees, and flowers as approved in the Landscape Plan.

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

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38.Reinforcement of Existing Walls – any reinforcement of existing retaining walls must be reviewed by the Community Development and Public Works Departments prior to commencement to ensure that any work to be performed is in compliance with the California Building Code.

OAK TREES

39.Oak or Landmark Tree Report – Prior to the issuance of any grading, paving, or building permit, the applicant shall prepare and submit a detailed oak tree report to address the health status of all oak and landmark trees, to evaluate the impact of improvements and to establish a health maintenance program for all such trees on the subject property.

40.Oak Tree Permit – If oak trees are impacted, the applicant shall apply for an Oak Tree Permit simultaneously with the application for any other entitlement permits on the subject property to determine potential impacts and to assure preservation.

41.Preservation – All oak tree work shall conform to and abide by the City of Thousand Oaks, Oak Tree Preservation and Protection Guidelines Resolution No. 87-93.

42.Grading within Protected Zone – Any form of grading and other construction activity within the protected zoned of oak trees shall be prohibited unless otherwise authorized by conditions of the permit. Prior to the issuance of any grading or building permit, any improvement which may affect oak trees shall be identified and clearly marked on the property for inspection by the Community Development Department.

43.Oak Tree Removal – Prior to the issuance of building or grading permits, an oak tree permit shall be obtained for the removal of any oak tree subject to the review and approval of the Community Development Department.

The encroachment or removal of four (4) or more trees or combination of both requires a Planning Commission recommendation to the City Council for final action by that body. All trees allowed to be removed or trimmed shall be hauled to a site as approved by the Community Development Department.

44.Mitigation Measures – All mitigation measures outlined in the submitted Oak or Landmark Tree Report and Oak Tree Report Addendum shall be performed under the direction and supervision of the applicant’s tree consultant with concurrent final inspection to be performed by the Community Development Department. A forty-eight (48) hour notice shall

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be given to the Community Development Department prior to the commencement of any work on the oak or landmark trees.

45.Work Monitoring – All of the work described in this permit shall be monitored by the applicant’s tree consultant. Furthermore, it shall be the responsibility of the applicant to contact the consultant and arrange for the successful completion of these conditions. Additionally, the applicant shall be required to have his/her tree consultant submit a letter of certification within (14) days of completion to the Community Development Department, stating that all of the work was accomplished in his/her presence in accordance with the Oak Tree Report for this project, except as approved by the Community Development Department to be deleted or modified by conditions of the Oak Tree permit. Upon receipt of the letter of Certification, Staff will schedule a field inspection.

46.Protective Fencing – Prior to the issuance of any grading or building permit, a temporary (5) foot high chain link fence shall be placed around the protect zone of all oak trees within (100) feet of any development activity where the trees are located totally or partially on-site. Installation of said fence shall be subject to the review and approval of the Community Development Department and shall be removed upon completion of construction and upon authorization from the Community Development Department. Furthermore, it shall be the responsibility of the applicant to keep all protective fencing in a condition of good maintenance throughout the development period.

47.Oak Tree Fence Signs – The applicant shall place fence signs per the requirements of Resolution NO. 87-93, Oak Tree preservation and Protection Guidelines.

48.Trenching/Grading near Oak Trees – All trenching and related grading and construction activity within the protected zones of any oak tree shall be performed exclusively by hand tools with the authorized work to the affected oak trees to be accomplished under the review and on-site inspection to be conducted by a Certified Arborist.

49.Oak Transplants/Security Deposit – The applicant shall submit a refundable security deposit equal to the value of any on or off-site transplanted oak tree. The deposit will be refunded upon verification of oak transplant survival by the City of Thousand Oaks, but the refund shall not be remitted later than (2) years after the transplanting.

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50.Fertilization/Disease Control – All oak trees shall be evaluated for the need of deep root watering, fertilization, and insect/disease control, using proper arboricultural methods under the direction of the applicant’s oak tree consultant.

51.Oak Tree Maintenance Guidelines – The following requirements shall apply to the on-going maintenance of oak trees:
a) All existing oak trees on the subject property shall be retained in a healthy state with proper grading and drainage techniques, including retaining walls and ventilation devices as approved by the Community Development Department.
b) Positive drainage for water will be provided for all oak trees located upon the parcel and impacted by development.
c) Oak trees that are confirmed dead by a City Oak Tree specialist shall be removed prior to grading.
d) Activity that will affect the trees shall only occur in the presence of the City’s oak tree specialist or the applicant’s consultant. Any oak trees that are removed shall be replaced with specimen-sized oak trees in strategic locations throughout the property subject to the review of the City’s Oak Tree Consultant.

LIGHTING

52.Decorative Lighting Above Public Area – Low-intensity lighting may be provided above and across any public exterior space.

53.Wall Lighting – Wall-lighting fixtures at building entrance doors, loading areas, and outdoor areas within public view areas 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 Community Development 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.

54.On-building Light Fixtures – The applicant shall submit catalog cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.

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

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

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

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

Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Community Development and Building Divisions for review and approval.

57.Photometric/Light Fixture Catalogues and Specifications – All exterior lighting shall be processed under a separate permit. Prior to the issuance of any electrical and building permits for exterior lighting, a photometric analysis prepared by a registered Electrical Engineer and accompanied by light fixture catalogues, brochures and specifications shall be submitted for review and approval by Building and Planning Divisions of the Community Development Department, as well as review by the Police Department.

58.Exterior Decorative Lighting – All exterior lighting shall be processed under a separate permit. Use of architectural decorative bracket and landscaping lighting may be provided to enhance the landscaping and architectural design of the project. No roof or sidewall lighting shall be

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permitted except as otherwise needed to comply with building security requirements. The design and location of such fixtures shall be subject to the review and approval by the Community Development Department.

SIGNS

59.All Signs – All site and building signage shall be designed to meet the Precise Plan of Design Guidelines (Resolution No. 2006-108), and as specified in the Thousand Oaks Municipal Code. The design, color and location of all sites and building signs as well as address numbers shall be processed under separate permits. A sign permit application shall be submitted to the Community Development Department for review and approval.

BUILDING SAFETY AND CONSTRUCTION

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

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

Any monitoring, assessment, evaluation, fossil recovery, or other reports that are generated as a response to the discovery of a significant archaeological resource shall be submitted to the Lead agency for review and final curation as part of the project record. All such documents associated with the discovery of archaeological resources will be

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transmitted to the Natural History Museum of Los Angeles County at the end of project construction.

61.Inadvertent Discovery of Human Remains – The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses these findings. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has determined the origin and disposition of the remains pursuant to California Health and Safety Code (PRC) Section 5097.98. The coroner must be notified of the find immediately, together with the City and the property owner.

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

62.Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities.

Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Development Department prior to ANY vegetation removal on site.

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

64.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.

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65.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.

66.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 January 15, 2024, to the Planning Commission staff report dated February 26, 2024.

67.Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot- high chain-link fence within the limits of the proposed development area.

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

68.Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.

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

69.Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.

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

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

72.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.

73.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.

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

75.Dust Prevention – In order to prevent excessive amounts of fugitive dust, all materials excavated (on-site) shall be controlled 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 the construction of the proposed project, specifically grading activities, Rule 55 (Fugitive Dust) requires dust generators to implement control measures to limit the amount of dust from vehicle track-out, earth moving, bulk material handling, and truck hauling activities, and Rule 55.2 (Street Sweeping Equipment) that requires the use of PM10 efficient street sweepers for routine street sweeping and for removing vehicle track-out pursuant to Rule 55. The project is to comply with the City of Thousand Oaks Water Conservation

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Ordinance Requirements. Level 4 Conservation Measures prohibit potable water use for dust suppression unless approved through a City waiver. For more information see: https://www.toakswater.org/conservationstages.

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

77.Parking/Materials Storage During Construction – A parking and materials storage plan shall be submitted to the Building Safety Division for review and approval prior to the issuance of grading permits. This requirement intends to ensure construction crew parking does not negatively impact properties in the area. The applicant is encouraged to provide areas on-site for parking and material staging.

78.Overhead Utility Poles and Lines – The existing overhead utility poles and lines on the project site’s East Hillcrest Drive frontage, and within the site, shall be undergrounded, as required, to accommodate the construction of the required street improvements along the frontage of the property.

79.Easement Changes – The applicant must provide proof that all easements on the property are acceptable to the appropriate owners prior to the submittal of building permit applications.

80.Title 24 Compliance – All requirements of California Uniform Building Code, Title 24, California Code of Regulations, shall be met. A set of plans, at a scale not less than one inch equal to ten feet (1"=10') shall be submitted to the Community Development Department displaying all exterior physically disabled accessibility requirements, including point elevations and details. Prior to the issuance of building permits, the accessibility requirements for the exterior shall be approved by the Building Division for disabled access compliance.

81.Path of Travel – The path of travel from the accessible parking spaces to the building entrances shall meet the current standards of the California Uniform Building Code.

82.Interior Design Approval – The accessibility requirements for the interior of the proposed buildings will be reviewed when construction documents are submitted for plan check to the Building Division.

FIRE DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023-70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020
CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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FIRE DEPARTMENT

83.Application Complete – This project has been reviewed by the Ventura County Fire Protection District and is found to be complete with the following Fire Department conditions.

84.State Fire Safe Regulations-LRA – The project is located within a Local Responsibility Area (LRA) Very High Fire Severity Zone (VHFHSZ) and shall comply with the minimum standards of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 6, Subchapter 2, “SRA/VHFHSZ Fire Safe Regulations” (CCR T-14 FSR), unless modified by more restrictive local ordinances and requirements.

85.Fire Department Clearance – Applicant shall obtain VCFD Form #610 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures.

86.Fire-Flow Verification – Applicant shall verify that the water purveyor can provide the required fire-flow requirements by having them fill out VCFD Form #625, Fire-Flow Verification.

87.Building Plan Review – Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

This review is concurrent with Building and Safety review. Plans (Architectural, Mechanical, Electrical, Plumbing, and dedicated fire service utility with design to finish above grade) shall be submitted directly to VCFD Fire Prevention.

88.Private Roads/Driveways – Private roads/driveways shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501.

89.Access Road Width, Private Roads/Driveways – Private roads shall comply with Public Road Standards.
a) Access road width of 36 feet shall be provided for residential use with parallel parking permitted on both sides.
b) Access road width of 32 feet shall be provided for residential use with parallel parking permitted on one side.
c) Access road width of 24 feet shall be required with no on-street parking permitted.

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d) Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District.

Project has demonstrated compliance with VCFD Aerial Access setback requirements through a performance-based review.

90.Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.

91.Construction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

92.Turning Radius – The access road shall be of sufficient width to allow for a 50-foot centerline turning radius at all turns in the road. Project has demonstrated Same- Practical-Effect for Title 14 requirements on Turn Radius through a performance-based design.

93.Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

94.Access Point(s) on Roads – Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.

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95.Site Access – Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards.

96.Fire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

97.Access Road Gates – Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry/exit gates and a minimum of 20 for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery backup), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

98.Address Numbers (Commercial, Industrial, and Multi-family Buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

99.Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
100.Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

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101.Fire Hydrant Plan – Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number, and size of outlets.
102.Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
103.Fire Hydrant Design (Commercial, Industrial, and Multi-family Buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following. a) Each hydrant shall be a 6-inch wet barrel design and shall have (1 ) 4 inch and (2) 2 ½ inch outlet(s).
b) The required fire flow shall be achieved at no less than 20-psi residual pressure.
c) Fire hydrants shall be set back in from the curb face 24 inches on center.
d) No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant.
e) A concrete pad shall be installed extending 18 inches out from the fire hydrant.
f) Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
104.Hydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. 105.Water System Plans – Plans for water systems supplying fire hydrants and / or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be construction drawings in accordance with the Ventura County Fire Code and applicable NFPA Standards and shall terminate above grade. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.

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106.Fire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
107.Fire Protection System Plans – Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements.
108.Fire Alarm/Sprinkler Monitoring Plans – Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 109.Trash Dumpster Locations – Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.
110.Very High Fire Hazard Severity Zone – This project is in a Very High Fire Hazard Severity Zone and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements.
111.Hazard Abatement – All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with VCFPD Ordinance.
112.Hazard Abatement /Roads and Driveways – All grass and brush shall be cleared to a distance of ten (10) feet on each side of all access roads / driveways.
113.Fuel Modification/Landscape Plans – Project is located within a Hazardous Fire Area. Landscape plans shall be submitted for review and approval to the Fire Prevention Bureau prior to Fire Department final inspection of the building or installation of any landscape, whichever occurs first. See VCFD Guidelines 416.

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114.Fire Code Permits – Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operational permit in accordance with Section 105 of the California Fire Code.
115.Setback for Structures in FHSZs – New Structures in any FHSZ within the SRA, or Very High FHSZ in the LRA, shall be setback in accordance with California Code of Regulations, Title 14, Division 1, §1276.01 as amended from time-to-time. When the required setback cannot be provided, alternate methods shall be provided to reduce Structure-to-Structure ignition by incorporating a combination of features such as, but not limited to:
a. Ignition-Resistance fencing and gates.
b. Noncombustible material extending five (5) feet horizontally from the furthest extent of the building.
c. Hardscape landscaping.
d. Reduction of exposed windows on the side of the building with less than the required setback.
e. Project Specific Conditions: Due to a less than 30-foot setback to property lines for some buildings, a 5-foot non-combustible zone shall be maintained around the entire building(s) with less than 30- foot setback. Ignition resistant fencing shall also be required for such buildings.
116.Accessory Storage Buildings – New accessory buildings of any size located within 50-feet of an applicable building on the same parcel shall be constructed of non-combustible materials or of ignition-resistant materials as required in California Building Code (CBC) Section 704A.2.

PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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PUBLIC WORKS DEPARTMENT

GENERAL
117.Plan Format – All plans submitted to the Public Works Department shall be formatted to 24 inch by 36-inch sheet size, using city standard title block, and as-built/record plans shall be submitted as part of the closure and acceptance of the project.
118.Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards.
119.Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possession for water and wastewater which are affected by the subject project will be updated by the City to reflect the new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.
120.Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan and must be on current City datum.

The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan.

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

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WASTEWATER AND WATER
121.Water Service – In order to obtain water service, the applicant shall pay for the Cost of the Water Meter Deposit plus the City’s Water Plant Investment Fee, at the rates in effect at the time of payment, prior to issuance of a building permit. Additional fees for special facilities zones and fire flow surcharges may also apply. The applicant shall also pay the established change order fee for updating the plans for this new lateral. 122.Water Mainline Extension – The applicant shall design and construct a public 8-inch onsite water main with separate service laterals and meters boxes for each unit of ownership. Design shall provide for a looped system connecting to the existing mainlines in Hillcrest Drive and Erbes Road. Said main shall be located in a minimum 15-foot-wide easement dedicated to the City and shown on the recorded map for this project.

Fire hydrants shall be located as determined by the Ventura County Fire Protection District.
123.Location of Water Meter Boxes – Water meter boxes may not be located within driveways. It is the responsibility of the applicant and his engineer to properly coordinate and locate all water service lateral locations such that there is a single, unbroken/unrepaired service line between the main in the street and the meter box to each residence or building. In the event the configuration of the proposed house or building is revised, and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, folding and crimping this remaining portion of the service lateral and soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed, and the area returned to a condition acceptable to the water purveyor. If service laterals are relocated, the applicant’s engineer shall process a change order and pay any applicable charges for said change order.
124.Fire Water Service – If required by the Fire Department to install fire sprinkler systems, the applicant shall install a new separate fire water service line to the building, along with associated double detector check valve to protect the domestic water supply. Applicant is encouraged to contact the County of Ventura’s Environmental Health Division for details pertaining to the selection, installation and testing of the double detector check valve assembly.

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125.Fire-Flow Verification – The applicant shall pay the Public Works Department a fee for calculation and verification of the existing water system to deliver required fire flows. In the event the fire flow, as determined by the Ventura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main(s) of sufficient size and length, as determined by the Department, to provide said fire flow. A completed copy of the above-mentioned fire flow calculation must be provided to the Department before, or at the same time as, the submittal of the first plan check for the water system.

Plans will not be checked or processed unless these calculations, along with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Department, are submitted.
126.Concrete Pads Around Fire Hydrants – Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolithic sidewalks are required), or within commercial areas, the applicant shall install a 4-inch (minimum) thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the fire hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend from the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks. The hydrant and concrete pad must be located within a specific easement, right-of-way, or public service easement shown on the tract map or dedicated by separate instrument dedicated to or usable by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department. 127.Separate Irrigation Meter/Over 5,000 SF Landscaping – Pursuant to State Assembly Bill No. 1881 (AB 1881), this project contains more than 5,000sf of irrigated landscape and therefore shall require a fully separate water meter for irrigation and landscaping. Said irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved independent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Public Works Department.

The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the TOMC Section10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.
128.Cross Connection Device – The applicant shall design and construct PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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new backflow connection devices for the project’s irrigation water as well as fire sprinkler systems. Priorto the issuance of clearance for occupancy by the Public Works Department, all cross- connection control devices must be inspected and approved by the Cross Connection Control Specialist of the County of Ventura, telephone 805.654.2436 (TOMC 10-

2.600). Full right of access and entry to the cross-connection device shall be granted to the Public Works Department.
129.Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Public Works Department that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). These laterals must be made of copper; all poly services must be abandoned at the main under Public Works Department inspection and the meter boxes removed. If the existing laterals are not to be reused, the lateral shall be abandoned at the mainline. 130.Procedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid.
131.Usefulness of Existing Wastewater Laterals – Where there is an existing wastewater lateral(s) serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Public Works Department that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). This can best be done by utilization of a television video from a point on the subject property to the main, or by excavating the lateral at the property line and making a visual inspection of the PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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lateral. Other methods may be utilized but are subject to P u b l i c W o r k s Department approval. If the lateral is acceptable to the Department, it may be reused; where it is not acceptable, a replacement lateral must be constructed or the existing lateral renovated (such as by use of pipe bursting technology). If the existing laterals are not to be reused, the lateral shall be abandoned at the mainline. 132.Wastewater Mainline Extension – The applicant shall design and construct a public 8- inch onsite wastewater main with separate service laterals for each unit of ownership. Mainline shall connect to the existing main in Erbes Road. Said main shall be located in a minimum 15-foot-wide easement dedicated to the City and shown on the recorded map for this project.

DEVELOPMENT ENGINEERING
133.Noise Abatement Prior to Commencement of Working Hours – On grading and construction projects where residential units are located within 100 feet of the boundaries of the proposed work, the contractor may not start up any vehicles or any gas- or diesel-powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.
134.Hauling of Imported or Exported Materials – In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Public Works Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.
135.Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, Best Management Practices ( BMP) improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the Public Works Department for plan check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan check and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punch list items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.
136.On-Site Run-Off – On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing storm drain system to the maximum extent practicable, as approved by the City Engineer (TOMC 7-3.09 and 7-3.21).
137.On-Site Drainage Capture for MS4 Projects – It is generally necessary to capture and treat all surface drainage on the site. In accordance with Ventura County Technical Guidance Manual (TGM) for Stormwater Quality Control Measures (2011), a maximum of 5 percent of the site is permitted to discharge without full capture. Such Effective Impervious Areas (EIA’s) that escape capture and retention shall be treated using source-control Best Management Practices (BMP’s) and good-housekeeping measures.

Maintenance specifications shall be incorporated into the on-site stormwater Maintenance Plan (refer to NPDES conditions). 138.On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on-site storm flows. The project lies within subarea 206C of said Master Plan, with Q10 = 1.78 cfs/acre and Q 100 = 3.11 cfs/acre. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q 10 (developed) discharge flows and for the detention calculations up through Q100.
139.On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.

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140.Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q 10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q 100 event as a result of development. The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.
141.On-site Ribbon Gutters – The City prohibits the use of ribbon gutters and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (TOMC 9-4.2405). 142.Building Pad Protection – The project engineer must provide analysis to demonstrate building pad protection from Q 100 flows. On-site discharges (including roofs, etc.) shall be detained behind a wall, graded barriers, or curb, and metered through a weir or other controlling device, constraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01). 143.Detention of On-Site Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q 10 (developed) flows into the public storm drain system. All flows in excess of Q 10 (developed) up to and including Q 100 (developed) must be detained on- site. A simplified detention method is available for this site. 144.Existing Improvements – Existing improvements adjacent to the property, including but not limited to sidewalks and curb & gutter which are broken or uneven shall conform to City and A m e r i c a n D i s a b i l i t y A c t ( ADA) standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.

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145.Upgrade of Existing Driveways – The existing westerly driveway on Hillcrest Drive shall be removed and replaced with curb, gutter and sidewalk. The existing easterly driveway on Hillcrest Drive and Erbes Road shall be removed and replaced with a driveway meeting the requirements of Road Standards Plate No. 6-1, 6-4/6-5.
146.Bus Stop Improvements – The project shall provide the following improvements for a new bus stop located on Hillcrest Drive.

A. Bus shelter, poster case, and timetable holder.

B. Cement bench and trash can.

C. Eight-foot-wide sidewalk for at least 20 feet (to
accommodate ADA boarding and lighting requirements).

D. Solar lighting and a Connexionz 10-inch E-paper sign on a telspar pole.

The applicant team shall coordinate the exact specifications and requirements with the City’s Public Works Senior Transit Analyst.

NATIONAL POLLUTANT DISCHARGE ELMINATION SYSTEM
147.NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Ventura Countywide Stormwater Program “Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No. CAS004002 (TOMC. 7-8.302).

The Los Angeles Regional Water Quality Control Board approved a new MS4 permit for local municipalities in September 2021 to implement starting in 2024. All projects not deemed “complete” from a planning/entitlement standpoint by the time the new permit goes into effect will need to comply with the new post-construction stormwater requirements.
148.MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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connected impervious areas affected by the project. The design shall function for the first three-quarter inch (3/4”) of all rainfall events, including drawdown and elimination of the captured runoff within 72-hours of the rainfall event. Drawdown may typically be achieved via groundwater recharge/percolation or vegetative irrigation/ evapotranspiration. Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org. 149.BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:

Treat the storm flow equivalent to ten percent (10 percent) of the 50- year peak flow; or
Treat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “California
Stormwater Best Management Practices Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”
150.Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009-DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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starting work on the site. At a minimum, the following BMPs and requirements shall be included:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response
151.Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilities for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management description of the BMP’s that are being provided as part of the project, a description of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits (TOMC 7-8.401(c)).

TRAFFIC
152.Sight Distance – Adequate vehicular and pedestrian sight visibility shall be provided at all intersections of public streets and private driveways in accordance with the criteria specified within Plate 3-10. The improvement plans for all projects shall demonstrate compliance with this plate (and a means to execute on-going maintenance to guarantee preservation of sight visibility). Stopping sight distance shall be the principal criteria in determining the appropriate location of on or off-site improvements. It is especially critical that mature landscaping be considered in evaluating visibility, not just the barren ground. Stopping sight distance less than the minimum criteria as specified within Plate 3-10 shall be reviewed and approved by the Planning Commission, if determined necessary by the City Engineer or the Community Development Department. Where applicable, CC&R's shall require continued compliance with this condition and the requirements contained within Plate 3-10.

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153.Ingress and Egress – The proposed Hillcrest Drive driveway shall accommodate full vehicular access. The proposed Erbes Road driveway shall accommodate right-turn ingress and egress only (i.e., left-turn ingress and egress shall be prohibited). The applicant shall install no left-turn signage (R3-2) north of the proposed Erbes Road driveway and south of the proposed Erbes Road driveway to indicate ingress turn restrictions. The signs shall be facing vehicles traveling southbound on Erbes Road and installed on new signposts or existing signposts, if available. Signage and/or pavement markings shall also be installed on-site for vehicles exiting the proposed Erbes Road driveway to indicate egress turn restrictions. The location of signage and/or pavement markings shall be approved by the Department of Public Works prior to final acceptance.
154.Traffic Control Signs – The applicant shall install two electronic “No Turn on Red” signs for the northbound approach at Erbes Road / Hillcrest Drive. The electronic signs shall be installed on existing signal poles at the near-side (southeast corner) and far- side (northeast corner) of the intersection. Additional control signs for regulation, warning and guidance of traffic shall be installed as required by the Department of Public Works.

These shall include stop signs, speed signs, turn prohibition and one-way signs, pedestrian and school crossing signs, curve and hill warnings, not a through street signs, parking signs, bicycle route signing, together with pavement striping, road symbols and street name signs as required. 155.Signs and Striping – Prior to occupancy, all signs and striping shall be installed, and prior to final acceptance, the city may require the applicant to add traffic safety devices, such as signing and striping, the need for which are not apparent at time of plan approval, but which are warranted due to actual field condition. The applicant shall install the traffic safety devices prior to final acceptance.

SUSTAINABILITY
156.Trash Hauler Approval – Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure location and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Center at 2251Thousand Oaks Blvd.
157.Trash Receptacle Containment – Prior to building permit issuance, the applicant shall demonstrate the project provides sufficient containment space in the garages or other screened area to house organics, recycling, and trash bin for weekly collection. The organics bin can be a 32-gallon PUBLIC WORKS DEPARTMENT CONDITIONS OF APROVAL FOR RPD-2023- 70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020 CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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container at each location. Trash and recycling bins are a minimum of 32- gallon containers for the one-bedroom units, 64-gallon containers for the 2 and 3-bedroom units, and 96-gallon containers for the 4-bedroom units. 158.Construction/Demolition Debris Recycling Plan – Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65 percent) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited to, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, a list of proposed recycling/disposal facilities, and authorized hauling companies to be used. For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to
ThousandOaks.WasteTracking.com.
159.Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

CONEJO RECREATION AND PARKS DISTRICT (CRPD) CONDITIONS OF APROVAL FOR RPD-2023-70014, TTM-2023-70001, PTP-2023-70125, AND LPC-2023-70020
CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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CONEJO RECREATION AND PARKS DISTRICT (CRPD)
160.Park Access – Private Park access ramp improvements (including but not limited to paving, gate, railing, and lighting with power source) are to be constructed and maintained by the applicant as shown on plans. 161.Irrigation Lines – Rerouting and replacement of irrigation lines for the installation of the access ramp are the responsibility of the applicant and are to be approved by the CRPD.
162.Park Impact Fees – Standard District Quimby fees are required to be paid by the applicant. Submit the fee and application via email to [email protected].

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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CONDITIONS OF APPROVAL FOR TTM-2023-70001

GENERAL SURVEY
163.Final Map Recordation Requirements – Upon conditional approval of the subject subdivision (Attachment #8 in the PC packet dated 11/30/2023) by the Community Development Department or Planning Commission, a final map shall be prepared by a registered civil engineer or licensed surveyor. It shall conform to the requirements of the current State Subdivision Map Act, the requirements of the Thousand Oaks Municipal Code, and be approved by the City Engineer. Also required is a certificate of consent, signed and acknowledged by all parties having any record title interest in the real property being subdivided. 164.Indicate Facilities on Map – All existing and proposed streets, survey control monuments, utility, storm drain, slope, access and other easements shall be shown on the final map. An easement for the purpose of storm drain operation and maintenance by the City shall also be dedicated for acceptance by the City upon the proposed tract map.
165.Final Map Submittal – The applicant shall submit with the first plan check of the final map, a current preliminary title report and subdivision guarantee, five prints of the final map, a map checking fee, one copy of all boundary and lot calculations, and copies of any reference maps and deeds as may be required to facilitate the map checking process as determined by the City Engineer.
166.Governmental Health/Welfare Access Easement – An access easement for emergency vehicles and all governmental agencies providing for the public safety, health, and welfare shall be offered to the City of Thousand Oaks over private street(s) within the proposed subdivision. 167.Dedication of Abutting Rights – All remaining rights of access to and from all Parcels/ lots of the proposed subdivision abutting Erbes Road and East Hillcrest Drive except proposed driveway(s) shall be offered on the map for dedication free and clear of any prior easements to the City of Thousand Oaks (TOMC. 7-2.208).
168.Right-Of-Way Dedication – Right-Of-Way Dedication for APN #670-0- 250-210 is required to match adjoining properties.
169.DRE Condo Plot Map – The applicant shall supply the Public Works Department with an informational copy of the project’s proposed Condo Plot Map as filed with the Department of Real Estate (DRE) at the time of map submittal or improvement plan submittal.

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170.Monument Bond Requirements – Prior to the recordation of the final map, the applicant shall submit to the City of Thousand Oaks a cash deposit for monument placement security as determined by the City Engineer. 171.Monumentation/Well Monuments – The engineer or surveyor shall set one Standard Well Monuments at location designated by the City’s Surveyor, per the County of Ventura Standard Drawings Plate E-4. A minimum of four (4) ties shall be required for each Centerline monument.

The remaining monuments shall be set in accordance with the standards described in Subdivision Map Act, Land Surveyor Act and the City of Thousand Oaks Subdivision Ordinance.
172.Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the issuance of any permit and prior to the start of construction and disturbance or destruction of any existing survey monument(s), all monuments shall be located and referenced with a minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of t h e survey shall be filed with and approved by the Ventura County Surveyor showing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument(s) to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed. Prior to completion of construction, all affected monuments shall be reset by the applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the Ventura County Surveyor prior to the recording of a certificate of completion for project. Documentation shall be provided to the City that the surveying has been completed.
173.Affordable Housing Requirement –The Applicant shall ensure that all 78 affordable townhouse units are restricted as described in Condition number 14 above and as defined in the terms of the Disposition and Development Agreement between the City of Thousand Oaks, and the developer. The affordable restrictions shall be consistent with California Law.

Prior to recordation of the Final Tract Map, the Applicant shall designate the specific location and bedroom size for the 19 moderate-income units, 49 lower-income units, and 10 LMHAF units. In addition, the Applicant shall designate a minimum of eight (8) disabled access units, one per building. 174.Homeowner’s Association and Conditions, Covenants and Restrictions – Prior to the recordation of the Final Map, the Subdivider shall submit Covenants, Conditions, and Restrictions (CC&Rs) to and approved by the Community Development Director in consultation with City Counsel, and applicable fees shall be paid. The purpose of the Homeowner’s POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
CDD: 420-78/ag/H:COMMON/City Council/CC Agenda Items/2024/03192024/Proposed 78-Unit For-Sale Affordable Housing Project – 384 Erbes Rd Resolution.docx

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Association shall be to oversee and maintain the following. a) Private Useable Open Space (See Condition #15)
b) Architectural Building Design (See Condition # 17)
c) Exterior Building Colors/Materials (See Condition #18) d) Roof-Mounted Equipment (See Condition #20)
e) Surface-mounted mechanical Equipment (See Condition #21) f) Backflow Device (See Condition #22)
g) Required Parking (See Condition #24)
h) Parking Management Program (See Condition # 29)
i) Site Maintenance (See Condition #30)
j) Contact Person (See Condition #31)
k) Site Illumination (See Condition #56)
l) Photometric/Light Fixture Catalogues and Specifications (See Condition #57)
m) All Signs (See Condition #59)
n) Trash Receptacle Containment (See Condition #157)
o) Park Access (See Condition #160)
p) CC&Rs shall clearly specify the responsibilities of the HOA and landowner.

The CC&Rs shall make the City a third-party beneficiary of the provisions of the CC&Rs that pertain to the Conditions of Approval for the project site.

Prior to amending any of the CC&Rs that pertain to or affect the Conditions of Approval, the HOA shall submit the proposed amendments to the Community Development Director for review and approval. The HOA shall not record the amended CC&Rs until the HOA receives the Community Development Director’s written approval to amend the CC&Rs. *******

Thousand Oaks City CouncilMarch 19, 2024

Thousand Oaks City Council
March 19, 2024