Thousand Oaks City Council
May 21, 2024

T
O: Planning Commission
F
ROM: Kelvin Parker, Community Development Director
DA
TE: April 22, 2024
SUBJ
ECT: Proposed Mixed-Use Development
(Commercial and Multi-Family Residential)
A
PPLICATIONS: Special Use Permit (SUP) 2023- 70011; Development Agreement (DAGR) 2023- 70001; Protected Tree Permit
(PTP) 2023- 70067; and Environmental Impact Report
Addendum (CEQA) 2023-70004
APPL
ICANT: Cherry Tree Development, LLC
LO
CATION: 500 East Thousand Oaks Boulevard
(APNs: 525-0-012-230, 669-0-201-030, 669-0-201-040,
669-0-201-050, and 669-0-201-105)
REQUEST:

That
the Planning Commission consider the Addendum to Thousand Oaks Boulevard Specific Plan Environmental Impact Report (EIR) No. 327 prepared in accordance with the California Environmental Quality Act (CEQA) and recommend approval to City Council the below listed requests based on the findings and subject to the recommended conditions of approval included in the attached Resolution (Attachment #4) and Ordinance (Attachment #5).

The r
equest includes the following applications:

1. Environmental Impact Report Addendum (CEQA) 2023-70004:

Consider the Addendum to EIR No. 327 prepared for Thousand Oaks Boulevard Specific Plan (SP-20), which includes the project site for the proposed mixed- use development. EIR No. 327 a pplies to all developments within the area covered by SP -20. An Initial Study and Addendum to EIR No. 327 were prepared for the proposed project which determined that, with the inclusion of recommended mitigation measures contained in the EIR No. 327, the project will not result in new significant impacts nor substantially increase the severity of previously ATTACHMENT #2
Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

disclosed impacts beyond those already identified in EIR No. 327.

Conditions of approval applied to the project ensure that applicable mitigation measures provided in EIR No. 327 are implemented.

2. Special Use Permit (SUP) 2023- 70011: allow the construction of a 609,633 square foot mixed- use development consisting of 328 residential units with a 50% Density Bonus providing 44 low er-income affordable units, including 8,500 square feet of commercial retail and restaurant space, linear park, pocket park, dog park, plazas, seating areas, and other amenities . The 328 residential units would be distributed across one 4-story mixed-use building, one 5-story podium- style mixed-use building, and one 5- story podium -style multi -family residential building with maximum building heights ranging from 47 feet to 62 feet. The project includes 475 total parking spaces consisting of 16 surface parking spaces and two semi -subterranean parking structures comprising 32 commercial and 427 residential parking spaces.

The applicant is requesting to utilize the State Density Bonus Law parking ratios, as well as requesting three (3) Concessions and four (4) Waivers as allowed by State Density Bonus Law as follows:

Concessions

1. Building Height – Allow an increase in the number of allowable stories for a building, from 3 stories to 5 stories, as specified by Thousand Oaks Boulevard Specific Plan No. 20 (SP-20);

2. Building Windows Details – Decrease the minimum window depth to two (2) inches from glass to wall edge instead of three (3) inches and incorporate vinyl window frames instead of aluminum, fiberglass, wood, or manufactured wood, as otherwise required by TOMC Section 9-4.2205(h)(1)(ii) and (h)(3)(i); and

3. Retail Frontage – Decrease the minimum required 50% retail area required for any building with greater than 100 feet of frontage along Thousand Oaks Boulevard to 18% retail area, as specified by SP-20.

Waivers

1. Building Setback – Increase in the front yard building setback for mixed-use Building A from the maximum allowable 15 feet to 98.5 feet, as specified by SP-20;
Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

2. Building Types and Design – Increase the stacked dwelling type and mixed-use building type interior corridor length to 150 feet instead of maximum 100 feet, as otherwise required by TOMC Section 9-

4.2205(e)(8)(iv) and (e)(9)(vi);

3. Courtyards – Courtyards within podium building types shall be located no more than one story above street level , as otherwise required by TOMC Section 9-4.2205(e)(8)(vi); and

4. Building Access – All ground floor residential units within a stacked dwelling building type are required to provide a main entrance to each residential unit directly from the street , as otherwise required by TOMC Section 9-4.2205(e)(8)(ii).

The applicant is requesting three (3) Modifications to the Objective Design Standards (ODS) of the TOMC as follows:

Modifications

1. Building Massing and Articulation – Increase building length to 369 feet instead of the maximum 200-foot length as otherwise required by TOMC Section 9-4.2205(g)(1);

2. Building Articulation – Buildings over three (3) stories tall must have major massing breaks at a minimum of thirty inches (30") deep and four (4) feet wide and extend the full height of the building and provide minor massing breaks at least every 50 feet along the street frontage, minor breaks must be a minimum of twelve inches (12") deep and four (4) feet wide and extend the full height of the building as otherwise required by TOMC Section 9-4.2205(g)(2)(iii)(ab) and (ac); and

3. Open Space Design – Decrease the minimum sixty percent (60%) of the common usable open space to be provided as a landscaped green area, as otherwise required by TOMC Section 9-

4.2205(e)(8)(x) and (e)(9)(xi).

3. Development Agreement (DAGR) 2023- 70001: To create a binding contract that vests the applicant's rights to a specific project, set s forth the time period to construct the project, and specify public and private benefits and responsibilities related to the project.

4. Protected Tree Permit (PTP) 2023- 70067: Allow removal of 17 Coast Live Oak ( Quercus agrifolia) trees and five (5) Valley Oak (Quercus lobata) trees, as well as the encroachment into the protected zone of six (6) Coast Live Oak trees, two (2) Valley Oak trees, and one (1) Holly Oak (Quercus ilex) tree.

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

RECOMMENDATION:

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

1. Find that Addendum to EIR No. 327 (CEQA 2023-70004), dated April 2024, was prepared in accordance with the requirements of CEQA, and the Addendum analyzes the proposed Project as required under the CEQA Guidelines, Sections 15162 and 15164. Under CEQA Guidelines Section 15164, and based on the Addendum prepared for the project, it is found that the proposed p roject will not result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in EIR No. 327;

2. Approve Special Use Permit (SUP) 2023-70011 and Protected Tree Permit (PTP) 2023-70067 based on the findings and subject to the recommended conditions of approval included in the attached Resolution (Attachment #4).

3. A dopt an Ordinance approving Development Agreement (DAGR) 2023- 70001 (Attachment #5).

PLANNING COMMISSION REVIEW

Typically, decisions on Development Permits are rendered by the Planning Commission, with City Council consideration if a Planning Commission decision is appealed. Since this project involves a Development Agreement between the applicant and the City, the subject applications require the Planning Commission to make a recommendation to City Council.

BACKGROUND
Project Site and Setting
The subject site consists of one vacant irregularly shaped parcel totaling 6.09 acres at 412/ 450/500 East Thousand Oaks Boulevard, and two parcels with unassigned addresses. The subject site is within the western district of SP-20 and General Plan Land Use designation of Mixed -Use (>20 to 30 du/acre) , which allows for a mix of residential and commercial uses. The site is currently vacant and is primarily used for temporary seasonal uses, including pumpkin sales in the fall and as a Christmas tree lot in the winter. In the early 1970s, a plumbing supply storage building existed in the southeasterly portion of the site.

The site’s topography is characterized by a slope that descends from the southeastern portion of the site to the north west portion of the site. The vacant Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

property has been previously graded and the site gradient consists of an existing

4.6% slope from southeast to northwest . The western portion of the site has an average 2.6% slope and the eastern portion of the site has an average 5.3% slope.

Site elevation ranges from an elevation of 772 at the southeast portion of the site to an elevation of 738 at the intersection of Thousand Oaks Boulevard and Lombard Street. As such, the eastern portion of the site sits above the Thousand Oaks Boulevard grade elevation and the relatively flat western portion of the site sits at road grade with both Thousand Oaks Boulevard and Lombard Street .

Previously graded areas of the site include an existing pad at the southeast and the southeast (elevation 770), an existing pad at the northeast (elevation 753), and a large pad on the west half of the property (elevation 744).

The project site is surrounded by developed urban uses and is located north of 101 Freeway (US 101), east of Lombard Street, west of a self-serve car wash and commercial office uses, and south of Thousand Oaks Boulevard. Regional access to the project site now and with the proposed project would be via the U.S. 101 (freeway or 101 Freeway) using the Thousand Oaks Boulevard / Moorpark Road exits and State Route 23 (“23 Freeway”) to the east via Thousand Oaks Boulevard and Hillcrest Drive (see Figure 1).

Figure 1: Existing Conditions

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

The proposed mixed- use project is located within close proximity of job centers and nearby commercial retail, medical, and professional office sites. The site is approximately 650 feet east of an existing mixed-use development located at 299 East Thousand Oaks Boulevard. The closest residential uses are single -family homes located approximately 400 feet north of the subject site, beyond Thousand Oaks Boulevard. The project location is within walking distance of convenience markets, restaurants, general retail uses, and entertainment. Public transit (bus stop) is adjacent to the site along Thousand Oaks Boulevard with six others within a half mile, providing service connections along Hillcrest Drive, Moorpark Road, Westlake Village, and the Thousand Oaks Transit Center. Bicycle share lanes (sharrows) exist within the Thousand Oaks Boulevard right-of-way.

The subject property is served by existing utility infrastructure and the proposed project includes undergrounding existing high- voltage overhead powerlines that bisect the subject property, including overhead powerlines extending north along Hodencamp Road to Hillcrest Drive.

Application Process
On January 26, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment (LU) for the above project was authorized by City Council which allocated 2 35 dwelling units for the residential component of the project. In addition, City Council also allowed concurrent processing of the entitlement applications (LU 2019- 70238 and RCA 2019-70236). Subsequently, the City adopted an updated General Plan, including a new Land Use Map, which allocates units to each residential land use based on its assigned density, therefore the Measure E allocation is no longer necessary.

On November 14, 2022, a Pre-Application (PAR) 2022-70001 was submitted. Staff met with the applicant and provided development requirements and other feedback on City standards, codes, guidelines, and policies.

On March 16, 2023, the applicant began submitting the subject formal applications, which are listed in the “Recommendation” section of this report.

On September 21, 2023, the Notice of Application sign was posted at the property site.

On September 23, 2023, the Notice of Application was mailed to surrounding property owners.

On April 8, 2024, the Notice of Hearing was mailed and posted at the property site.

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

PROJECT OVERVIEW
Project Summary
The entitlement applications submitted on March 29, 2022, included a General Plan Land Use amendment application. When the application was submitted, the City was in the process of updating the General Plan, which was approved by City Council on December 5, 2023. The project site is located within the Mixed Use land use designation of the adopted General and therefore, the project is consistent with the new land use designation and consideration of the project no longer requires a General Plan amendment.

Special Use Permit (SUP-2023-70011) is a request to allow t he proposed mixed- use development encompassing 609,633 gross square foot of building area, which proposes 328 multi-family residential units (including 44 low er-income affordable units), common areas, and amenities, 8,500 gross square foot of commercial retail and restaurant space, two parking structures containing a total of 459 parking spaces, and 16 surface parking spaces (475 total on-site parking spaces). The 328 residential units would be distributed across one 4- story mixed-use building, one 5-story podium style mixed-use building, and one 5-story podium style multi-family residential building with maximum building heights ranging from 47 feet to 62 feet, with the third, fourth, and fifth floor of each proposed buildi ng to be stepped back from adjacent roadways and public views.

The project would create a mixed-use residential apartment community comprised of three buildings, which would appear at ground level as four buildings due to the massing break of the largest easterly building (Building B). The northerly buildings, fronting Thousand Oaks Boulevard (Buildings A and B), would be mixed-use, with three and four levels of apartments above a ground floor that consist of mixed residential and commercial tenant spaces. The commercial spaces would be open to the public, as well as the outdoor open spaces proximate to those uses. In addition, three (3) live/work residential units are proposed on the north side of “Building A .” These live/work units are intended to accommodate low -intensity commercial operations. These two-bedroom and two-bath live/work units provide a dedicated workspace area that functions similarly to a home-based business, which is permitted use in any residential zone and is ideal for small, start- up businesses that require minimal work area and create few or no customer trips.

The podium building (Building C) is locate d at the southwest portion of the site. It consists of a 269,416 square foot , 62-foot tall, 5-story podium style residential structure with 131 residential units, 120,725 square foot semi -subterranean parking garage with 280 parking spaces, and two third-level courtyards. The units Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

are located on all 5 levels of the proposed building, including 19 units providing direct ground-floor access to the internal access road and the pocket park immediately to the west.

Private indoor and outdoor amenities would be provided for use by the residents throughout the site, including a playground, swimming pool, courtyards with active play spaces, roof decks, fitness room, lounges, learning center, and a dog park.

Figure 2 below illustrates the proposed site configuration.

Figure 2: Proposed Site Plan

Landscaping is provided throughout the proposed open space, including within landscape buffers , courtyards, and walkways , a s seen on the conceptual landscape plan submitted ( Attachment #6 ). Thirty-four (34) protected trees are located within and adjacent to the subject property. The project proposes the removal of 17 Coast Live Oak trees and five (5) Valley Oak trees, and encroachment within the protected zone of six (6) Coast Live Oak trees, two (2) Valley Oak trees, and one (1) Holly Oak tree, as described in the “Oak Tree Report” dated January 2024 (Attachment #8). Each protected tree to be removed must be replaced with three (3) trees (two 24-inch box and one 36-inch box sized trees). A

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

total of 64 replacement trees would be required for the project. Per the proposed landscape plan, the project includes s ix (6) replacement trees to be planted on- site due to site constraints resulting from compliance with Ventura County Fire Department (VCFD) requirements for fire defensibility . Conditions have been applied to the project requiring the applicant to plant the remaining 58 trees at an off-site location for public benefit or provide an in- lieu payment in the amount of $102,614.77 to the City’s Open Space Conservation Fund.

EVALUATION
Consistency with General Plan and Zoning Designation

The property is within the boundary of SP-20, which was adopted by City Council on November 15, 2011. This plan provides specific and unique development standards and establishes a regulatory framework for a defined area. The Land Use Element of the General Plan designates the property as Mixed -Use (>20 to 30 du/acre). The subject site and surrounding properties are within the western portion of SP-20 which allows for a mix of commercial and residential uses on the same site. The project site totals 6.09 net acres, based on the lot size the maximum density for this project, without a Density Bonus, is 183 dwelling units (6.09 net acres x 30 dwelling units per acre = 182.7 units, rounded up to 183 units)

1. The project includes 24% of the base number of units as affordable units in the lower-income category, which equates to 44 affordable lower-income units.

This allows the project to add 50% more residential units as a “Density Bonus.” This bonus translates to 92 Density Bonus units per statutory allowance. The total overall number of residential units proposed is 328, which is a result of the base number (183 units), plus the 50% density bonus (92 units), plus the additional units above commercial (53 units). Therefore, the density of the project is consistent with both the General Plan Land Use Element designation and Thousand Oaks Boulevard Specific Plan. In addition, the project will be consistent with the goals and policies of the General Plan Housing Element and Inclusionary Housing Ordinance by providing rental housing in the form of 44 low er-income affordable units.

1 Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

Special Use Permit (SUP 2023-70011)

Objective Design Standards

On March 29, 2022, the City Council adopted the Objective Design Standards for Residential Development , which went into effect on May 1, 2022. Per TOMC Section 9-4.2202 “Applicability,” the Objective Standards apply to projects deemed “Complete” after the effective date of the article. This project was deemed Complete on November 1, 2023, after the effective date and is therefore subject to the Objective Design Standards.

Projects that are subject to the Objective Design Standards must select a Building Type and Frontage Type which informs the architectural and operational characteristics of the project. This project fits with the Mixed -Use and Stacked Dwelling Building types.

The project requires Objective Design Standards Modifications, which requires the following Findings:

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.

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.

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

Modifications

With the proposal as it has been submitted three (3) Modifications to the Objective Design Standards (ODS) of the TOMC are requested.

1. Building Massing and Articulation – Increase building length to 369 feet instead of the maximum 200- foot length as otherwise required by TOMC Section 9-4.2205(g)(1);

2. Building Articulation – Buildings over three (3) stories tall must have major massing breaks at a minimum of thirty inches (30") deep and four (4) feet wide and extend the full height of the building and provide minor massing breaks at least every 50 feet along the street frontage, minor breaks must be a minimum of twelve inches (12") deep and four (4) feet wide and extend Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

the full height of the building as otherwise required by TOMC Section 9-

4.2205(g)(2)(iii)(ab) and (ac); and

3. Open Space Design – Decrease the minimum sixty percent (60%) of the common usable open space to be provided as a landscaped green area as otherwise required by TOMC Section 9-4.2205(e)(8)(x) and (e)(9)(xi).

Staff supports these requests for modifications. The design and layout of the project considered the existing flood plain at the northwest portion of the site, elevated topography at the southwestern portion of the site, and existing and future surrounding development . The buildings have been sited and designed with architectural components that are compatible with existing site conditions and surrounding property characteristics. Although the length of Building B is greater than the maximum allowable building length of 200 feet, r equiring the building to be redesigned and split into two buildings to comply with the standard would prevent the project from meeting the allowable density and potentially reduce the number of affordable units. Further, t here are site constraints that limit development within the northeastern portion of the site due to an existing floodplain, thus resulting in a design hardship due to the existing site characteristics. Additionally, construction within the floodplain would be a financial hardship and the natural setting of the site would change because the floodplain supports two mature oak trees. Proposed Building B provides: 1) a massing break at the building midpoint by incorporating a courtyard along the western elevation; 2) third story element setback of 20 feet, fourth story element setback of 32 feet, and the fifth story element setback of 215 feet from Thousand Oaks Boulevard; and 3) varying façade elements such as balconies, trellis, and rooftop terraces.

The proposed buildings, as designed, incorporate vertical and horizontal elements, building articulation, roofline variation, and decorative material finishes and colors.

The architectural design of all structures differentiates between the first and upper floors using material changes, increased upper floor setbacks, and ground- floor patios to further reduce the massing from the ground level.

A reduction to the required landscaped green area of the proposed common useable open space can be supported because the project includes an expansive quasi-public open space area, including a pocket park and dog park. The project includes 54,763 square feet of common public open space area which also serves to complement the proposed mixed-use development.

Therefore, the proposed Modifications would result in development consistent with the scale and character of existing and allowable development in the vicinity under the same zoning and land use designations, and the Modifications would not result in development that is detrimental to or that would adversely impact adjacent Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

properties as adjacent properties would still receive adequate light and air, public utilities would serve existing and proposed development, and the proposed building would be constructed to meet Building and Fire Code requirements.

Residential Unit Types

The proposed 328 residential units would be distributed across two mixed-use buildings, “Buildings A and B” and one multifamily residential building “Building C.” Building A provides 1,500 square foot of commercial space as well as 43 residential units. Building B provides 7,500 square foot of commercial space as well as 154 residential units. A total of 131 units are provided within the residential- use only building (Building C ). The unit types within the two proposed mixed- use buildings (Buildings A and B ) include 6 studio units, 88 one- bedroom units, and 103 two-bedroom including 3 live/work units at Building A. The unit types within Building C include 6 studio units, 68 one-bedroom units, and 57 two-bedroom (see Table 1). The 328 units include 44 affordable units dispersed throughout all buildings and consist of 2 studio units, 21 one-bedroom units, and 21 two-bedroom units (see Table 2).

Table 1 – Unit Mix
Unit Type No. of Units Total Unit (%) Average Sq. Ft.

Studio 12 3.7% 568
1-Bedroom 156 47.6% 747
2-Bedroom including 3 Live/Work 160 47.5% 1,141
TOTAL 328 819

Table 2 – Affordable Unit Mix
Unit Type No. of
Units
Total Unit (%) Average Sq. Ft.

Studio 2 4.5% 568
1-Bedroom 21 47.7% 747
2-Bedroom 21 47.7% 1,141
TOTAL 44 819

As indicated in Table 2 above, 44 units are proposed to be affordable at the lower- income level to households with income at or below 80% of the Ventura County average median income (AMI). As previously mentioned, the maximum base density for this project is 183 dwelling units. In conjunction with the base density, the applicant is seeking a density bonus as provided by the State’s Affordable Housing Density Bonus law. The State density bonus law housing projects to be Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

granted a density bonus unit based on the percentage of affordable units to be provided at a given level of household income. In this case, the applicant is proposing that 24% of the units be affordable in the lower-income category. This percentage is applied to the base 183 units, which equates to 44 affordable lower- income units, entitling the applicant to a 50 percent density bonus. This bonus translates to 92 Density Bonus units per statutory allowance as shown in Table 3.

Table 3 – Project Density Bonus Formula
Unit Type Formula Result Proposed
Base Density

6.09 acres x 30 units per
acre
182.7 Base
Density Units
Allowed,
rounded up**
183 Base Density Units
Affordable
Units
183 Base Density Units x

0.24 44 Affordable
Units Required**
44 “Lower-Income”-
Affordable Units
Bonus Units 183 Base Density Units x

0.50*
92 Additional
Market Rate
Units Allowed**
92 Additional Units

MAXIMUM
BONUS
UNITS

ALLOWED
183 Base Density Units +
92 Additional Units
275 Units
Allowed 275 Units
SP-20 UNITS
ALLOWED***
Bldg. A 1,500 square feet
commercial = 3 units
Bldg. B 7,000 square feet
commercial = 50 units
53 Units 53 Units
TOTAL 328 Dwelling Units
*44 Low Income units are proposed to contribute to the density bonus calculation = 50% density bonus pursuant to Government Code Section 65915.
**Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
***SP-20 allows for unlimited units over commercial. The proposed 53 units are located above the commercial component of Buildings A and B and are not calculated towards the base density.

Additionally, SP-20 allows unlimited dwelling units above commercial space. The project proposes 53 units above the proposed 8,500 square foot nonresidential space yielding a total of 328 units. Measure E units are only required to be allocated to allow for the base density of the property, plus the 53 units above commercial. Units proposed above the base density, as allowed by the State Density Bonus Law, are not subject to Measure E regulations. The purpose of the State Density Bonus Law is to incentivize the development and availability of Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

affordable housing by encouraging the inclusion of affordable housing units within new developments. As such, the overall density for the project is proposed at 54 units per acre instead of the base 30 units per acre.

Housing Element
The recently adopted Housing Element includes a land inventory that demonstrates how the City will accommodate its fair share of the regional need for housing, known as the Regional Housing Needs Assessment (RHNA), which was determined by the Southern California Association of Governments (SCAG). The RHNA allocation is distributed among four income categories (very low, lower, moderate, and above moderate). The affordable income categories are defined as less than 50% of Area Median Income (AMI) as very low, between 50% to 80% of AMI is lower, and between 80% to 120% of AMI is moderate. Using Table 4 below for reference, a 2-person household, the current maximum “Low” income limit is $85,000 per year.

Table 4 – 2023 Ventura County Income Limits

Annual
Income

Persons per Household
1 2 3 4 5 6 7 8
Acutely
Low (15%
AMI)
$ 13,000 $ 14,850 $ 16,700 $ 18,500 $ 20,050 $ 21,500 $ 23,00 $ 24,500 Extremely
Low (30%
AMI)
$ 27,900 $ 31,900 $ 35,900 $ 39,850 $ 43,050 $ 46,250 $ 49,450 $ 52,650 Very Low
(50%
AMI)
$ 46,500 $ 53,150 $ 59,800 $ 66,400 $ 71,750 $ 77,050 $ 82,350 $ 87,650 Lower
(80%
AMI)
$ 74,400 $ 85,000 $ 95,650 $106,250 $114,750 $123,250 $131,750 $140,250 Median
(100%
AMI)
$ 86,450 $ 98,800 $111,150 $123,500 $133,400 $143,250 $153,150 $163,000 Moderate
(120%
AMI)
$103,750 $118,550 $133,400 $148,200 $160,050 $171,900 $183,750 $195,600 Ventura County Area Median Income (AMI): $123,500
Source: CA Department of Housing and Community Development (HCD), 2023

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

The proposed 44 affordable lower-income units are needed to satisfy the required RHNA allocation of affordable housing units in the City in the lower -income category. Once building permits are issued for the development, each unit will count towards the City’s 6th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029, as shown in Table 5.

Table 5: 6th Regional Housing Needs Assessment

Income Categories
Very Low Low Moderate Above Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621

Furthermore, an Affordable Housing Agreement would be required to establish the specific obligations of the project including:
a) that all affordable units are dispersed throughout the project; b) affordability level be set at a “Low” income level for 44 units; c) that the affordable units shall have the same standard features and amenities provided to market-rate units of the same type; and
d) that the restricted-income covenants are required by state law to be in effect for 55 years.

Concessions

Per California Government Code Section 65915(d)(2)(C) and the Density Bonus Law, the applicant is also entitled to three incentives, or concessions, for this project since the applicant is providing at least 24% of the total units for lower - income households. The three requested concessions include:

1. Building Height – Allow an increase in the number of allowable stories for a building, from 3 stories to 5 stories, as specified by SP-20;

2. Building Windows Details – Decrease the minimum window depth to two (2) inches from glass to wall edge instead of three (3) inches and incorporate vinyl window frames instead of aluminum, fiberglass, wood, or manufactured wood as otherwise required by TOMC Section 9-

4.2205(h)(1)(ii) and (h)(3)(i); and

3. Retail Frontage – Decrease the minimum required 50% retail area for any building with greater than 100 feet of frontage along Thousand Oaks Boulevard to 18% retail area, as specified by SP-20.

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

Building Form and Design

The proposed project is characterized by a mixed-use development that includes an internal vehicular and pedestrian- friendly roadway separating three buildings which comprise a total of 609,633 gross square feet, including 26,219 square feet of private open space and 86,242 square feet of common space for the residents (Table 6).

Table 6 - Gross Floor Area and Land Use Summary
Land Use Type Building A Building B Building C TOTAL
Commercial 1,500 sf 7,000 sf N/A 8,500 sf
Residential 44,254 sf 142,322 sf 114,675 301,251 sf
Parking Structure N/A 92,915 sf 120,725 213,640
Non-Residential Area
(Lobby/Amenity etc.)
11,091 sf 41,135 sf 34,016 sf 86,242 sf
Totals 56,845 sf 283,372 sf 269,416 sf 609,633 sf

The northern building (Building A) is located within the northwestern portion of the site and immediately south of flood plain. The flood plain has been designed with an expansive quasi-public open space area with protected oak trees to remain in place. Although Building A is setback approximately 100 feet from the front property line the proposed building incorporates enhanced building materials including significant building articulation and massing breaks. These design features include elevated terraces on the north side of the building, balconies, third and fourth floor stepbacks, and fourth floor roof decks. The north eastern building (Building B), located immediately south of Thousand Oaks Boulevard, incorporates enhanced building materials, including building articulation and massing breaks .

The design features applied to Building B include a public plaza at the entrance, elevated terraces, balconies, a courtyard at the building midpoint, third and fourth floor stepbacks, and fourth floor roof deck, at the corner of the building above the commercial areas overlooking Thousand Oaks Boulevard. Trellises on the rooftop deck provide a variety of material changes throughout to provide a visually diverse and appealing building as seen from Thousand Oaks Boulevard (see Figure 3).

Cherry Tree Development, LLC
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Figure 3 – Project Renderings

Figure 3 – Project Renderings

The site also features a public seating area on the ground floor plaza in front of the commercial units of Building B . Building A features a terrace and public seating area on the ground floor in front of the commercial, live/work, and residential units which front an expansive public open space area. Conditions of approval have been included in the Resolution requiring that the project provide decorative materials such as cast in place concrete with enhanced finish for the pedestrian building entrances and decorative pavers at the driveway entries to enhance pedestrian safety and connectivity. While only 1 ,500 square feet of the 56,845 square-foot gross building area of mixed- use Building A will be dedicated to commercial use, the residential amenities would appear commercial in nature, such as a large lobby, club/lounge, and live/work units, are provided on the ground floor and roof level to contribute to its mixed- use style. Although Building C is not

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a mixed-use design, Building C includes direct outside access residential ground- floor units, as required by TOMC Section 9-4.2205(e)(8)(ii). Additionally, five units along the western elevation of Building C provide direct ground floor access to the internal access road and five ground floor units provide direct access to the pocket park immediately west of Building C. The ground floor access provided meets the intent of the SP-20 and Objective Design Standards because the ground floor units are compatible with the proposed mixed- use building and activate the building frontage along the internal access road.

The project’s architectural design is a contemporary -modern style. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, fiber cement siding, simulated wood fiber cement panels, corrugated metal paneling, brick veneer, multi -panel window areas with dark bronze trim, glass balcony with metal railings , canopies, and trellises (see Attachment #6 ). The architectural design incorporates vertical and horizontal articulation, roof line variation, and detailing throughout. As previously mentioned, the largest proposed building located along the eastern portion of the site (Building B) will appear to be two buildings because the building design incorporates a second level courtyard located at the midpoint of the western building elevation (See Figure 4). Additional decorative roofline trim and enhanced façade materials are required by conditions of approval to further improve building design and reduce building size, mass, and scale.

Figure 4 – Building B Mass Break

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

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Building Height

Proposed building heights, as measured from the top of the building down to the lowest adjacent finished grade, range from 47 feet (Building A), 57.55 feet (Building B), and 62 feet (Building C). SP-20 allows buildings up to 3 stories with a 50-foot maximum average height. The proposed buildings are four and five stories and the average building height is 45 feet which complies with the requirements and design intent of SP-20.

The applicant has requested a concession to exceed the maximum number of stories from 3 to 5 stories as allowed by the State Density Bonus Law . Although the proposed project exceeds the maximum allowable number of stories per SP- 20, the proposed buildings have been designed to include a staggered building façade design with increased third, fourth, and fifth floor setbacks, further reducing the visual impacts from public view and providing visual interest from surrounding properties. T he two proposed buildings fronting Thousand Oaks Boulevard (Building A and B) have been designed to comply with SP -20 development standards requiring a 10-foot third-floor setback from the buildings first floor. The proposed 3
rd and 4th floor elements of both buildings include increased building setbacks from the first floor and the 5th floor of Building B is setback more than 200 feet from Thousand Oaks Boulevard further reducing the size, mass, and scale of the proposed buildings. Furthermore, the recently adopted General Plan (2045) Land Use Element identifies the project site as Mixed -Use land use designation which allows a maximum of 50 feet in height. This designation facilitates a variety of multi -family residential housing that supports walkable, transit -ready neighborhoods.

Compatibility with Surrounding Uses

The project is located within an urbanized area, with transportation and utility infrastructure in place. Land use designations for the surrounding area is Mixed- Use (>20 to 30 du/acre) within SP- 20 to the east, west, north, and south.

Surrounding properties to the north, south, east, and west are located within Thousand Oaks Boulevard Specific Plan No. 20. As previously mentioned, t he subject site and surrounding properties along Thousand Oaks Boulevard are within the western portion of SP-20 which allows for a mix of commercial and residential uses on the same site.

Development surrounding the site includes a carwash, a restaurant, and one to two-story commercial office buildings to the east, two one-story commercial buildings to the north beyond Thousand Oaks Boulevard, and a one-story gas Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

station and one- story commercial office building to the west . Architecturally, the proposed building design, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the adjacent commercial developments.

The site topography guided the site design, and although Building B is a four and five-story structure with a maximum 57.55- foot building height , the structure is notched into the existing slope within the eastern portion of the site. The expansive 21,154 square-foot linear park landscape at the northwest portion of the site acts as a buffer by providing an extended setback area between the proposed development and surrounding properties. In addition, the third, fourth and fifth floor stepbacks are provided on the external facades of the proposed buildings fronting Thousand Oak Boulevard to further reduce the appearance of height from neighboring properties (see Figure 5).

Figure 5 – Project Massing

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Setbacks

Per SP- 20, the maximum allowable front yard setback for Building A fronting Thousand Oaks Boulevard is fifteen (15) feet, which includes a 5- foot easement.

Due to an existing flood plain within the northwestern portion of the site, the proposed project provides an approximate 100- foot front yard building setback from Thousand Oaks Boulevard, which includes public open space. The applicant has elected to request a concession to exceed the maximum allowable front yard building setback for Building A from a maximum allowable 15 feet to 98.5 feet.

Per SP- 20, the maximum allowable front yard setback for Building B fronting Thousand Oaks Boulevard is of fifteen (15) feet, which includes a 5-foot easement.

Building B is sited outside of the flood plain and complies with the maximum 15- foot front yard setback. The setbacks required by SP-20 are detailed in Table 7.

Table 7: Building Setbacks
Building Setbacks
Building A Required (ft.) Proposed (f.t) Complies
Front (North):

First Floor Maximum: 15* 98.5 Yes (Concession)
Third Floor Average: 10 10 Yes
Fourth Floor: N/A 110 N/A
Right (West): First Floor Minimum: 10 12.58 Yes
Building B Required Proposed
Front (North):

First Floor Maximum: 15** 15 Yes
Third Floor Average: 10 10 Yes
Fourth Floor: N/A 32.6 N/A
Fifth Floor: N/A 215 N/A
Left (East): First Floor Minimum: 10 15 Yes
Rear (South) First Floor Minimum: 10 56.16 Yes
Building C Required Proposed
Right (West):

First Floor Minimum: 10 11.33 Yes
Fourth Floor: N/A 21.33 N/A
Fifth Floor: N/A 31.5 N/A
Rear (South) First Floor Minimum: 10 10 Yes
Fifth Floor: N/A 20 N/A
*If a building cannot be located at the front of the property adjacent to Thousand Oaks Boulevard due to physical constraints (i.e. flood control channel or topography), a minimum 25-foot landscaped setback planted with trees. A 90-foot landscape setback is provided. **A 5-foot sidewalk easement is required to achieve a 15-foot setback from the curb.

The subject property is visible intermittently from the 101 Freeway, and Resolution No. 91-172 “101 Freeway Design Guidelines” applies. Although there are no public viewsheds or corridors to be protected, such as views of distant natural features, Cherry Tree Development, LLC
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open space, public parks, lakes, designated protected ridgelines, and any other designated types of scenic resource, the project has been designed to be sensitive to the existing topography and proximity to the highway. These design considerations include landscaping proposed along the southwest and southeast project perimeters, protective screening of roof -mounted mechanical equipment integrated into the building’s overall design of wall and roof components, balconies, courtyards, roof line variation, and the increased Building B rear yard setback between the rear property line and the freeway to allow for reduced visual impacts.

Further, the berm along the south property line adjacent to the freeway contains various mature trees and landscaping that partially screen the proposed buildings.

Amenities and Open Space

The proposed project includes quasi -public and private amenities. Quasi -public amenities include publicly accessible ground- level plazas and open space with seating areas at Buildings A and B within the northern entrance of the site. The public open space area provides lush landscaped walking paths along the northwestern portion of the site and adjacent to Thousand Oaks Boulevard, serving as a transition between the public and semi -public space to the mixed- use buildings and multi -family residential building to the rear of the site, thus complementing SP-20 development policies and guidelines.

Private common outdoor amenities include approximately 9 .6% of the total site area or 26,203 square feett of outdoor spaces designed for specific activities and uses. These amenities would include but are not limited to, outdoor landscaped open space areas, swimming pool s, courtyard spaces, barbecue areas, and roof decks. Two fourth-floor roof-deck areas are provided in mixed-use Buildings A and B, each including seating areas and planter areas. The open spaces are connected by a system of pathways and paseos to provide residents and visitors with multiple opportunities to gather (see Figure 6). These paseos also include outdoor furniture, landscape, and hardscape to encourage the use of outdoor spaces. Approximately

20.6% of the total site area, or 54,763 square feet, consists of a common public open space area (see Table 8B, Public Amenities).

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Figure 6: Site Plan and Outdoor Amenity Map

Indoor common amenities total approximately 12 ,529 square feet, which include but are not limited to a leasing office with concierge services, learning center , club/lounge area, bike room, co -working area, fitness room s, and rooftop decks etc (see Table 8A, Common Resident-only Amenities). The co- working space would be equipped with bring- your-own computer stations for use by residents only. Private amenities are provided for each unit as well as the public and common facilities. Of the proposed 328 units a total of 318 units include private open space, either in the form of a balcony or patio that ranges between 42 to 450 square feet with an average size of 82 square feet. In addition, a minimum of 115 cubic feet of private storage locker is provided per unit, to supplement the bicycle facilities and private open spaces. The project also includes 1,600 s quare feet of resident storage, consisting of 474 square feet in Building B garage level one and 1,126 square feet in Building C garage level one. The proposed project conforms with the requirements of SP -20 and the intent of the TOMC by providing ample private and common- area open space areas and other amenities for use by residents and visitors.

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Table 8A- Common Resident-Only Amenities
Project Amenities Floor Area (sf) Location (Bldg. and Floor) Outdoor
Courtyard B1 8,563 Bldg. B, L2
Courtyard B2 5,188 Bldg. B, L3
Courtyard C1 5,274 Bldg. C, L3
Courtyard C2 6,400 Bldg. C, L3
Roof Deck A (4th Floor Roof Deck) 288 Bldg. A, L4
Roof Deck B (4th Floor Roof Deck) 490 Bldg. B, L4
Total 26,203
Indoor
Building A (Club/Lounge) 618 Bldg. A, L4
Building A (Lobby/Lounge) 568 Bldg. A, L1
Building B (Mail, Concierge, etc) 2,047 Bldg. B, L1
Building B (Fitness/Yoga) 2,888 Bldg. B, L2
Building B (Club/Lounge) 567 Bldg. B, L4
Building B (Co-Working Space) 1,000 Bldg. B, L3
Building B (Bike Room) 570 Bldg. B, L1
Building C (Lobby/Lounge) 1,545 Bldg. C, L1
Building C (Club/Lounge) 1,608 Bldg. C, L3
Building C (Learning Center) 500 Bldg. C, L3
Building C (Bike Room) 618 Bldg. C, L1
Total 12,529

Table 8B - Public Amenities
Project
Amenities Floor Area (sf) Location (Bldg. and Floor)
Linear Park 21,154 North Property Boundary
Retail Plaza 7,389 Northeastern Property Boundary
Dog Park 14,171 Southeastern Property Boundary
Lombard Park 12,049 Southwestern Property Boundary
Total 54,763

Landscape Plan

A conceptual landscape plan has been prepared to demonstrate the proposed landscaping for the project and compliance with city landscaping standards. If the Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

project is approved, a formal landscape plan will be required, and technical evaluation of that plan will be provided through a Landscape Plan Check process to further ensure compliance with the City’s landscape and irrigation standards.

The project proposes primarily native, and drought-tolerant plants and minimal turf, which is isolated to the 1,400 square foot children’s play area. Of the 34 protected trees, three (3) oak trees will be preserved in place and ( 6) additional protected trees will be planted on- site. Also, 16 ornamental trees are proposed and incorporated as part of an open space paseo and pathway system.

In addition, in line with Precise Plan of Design Guidelines, substantial landscape treatment to create a comfortable living environment and soften the visual impact of structures while reducing potential adverse off-site views has been incorporated into the project. The protected trees are proposed to be placed within the on-site open space programs which are located at the north, southwest , and southeast boundaries of the site. The proposed project provides landscape buffers between the proposed structures and adjacent roadways to the north, west, and south (see Figure 7- dashed red). The project includes rooftop landscaping within mixed-use buildings A and B which front Thousand Oaks Boulevard thereby softening the overall building size, mass, and scale.

Figure 7 – Planting Area Plan

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Pedestrian Access and Walkability

The project site has been designed with an emphasis on walkability and pedestrian connectivity, which has been incorporated throughout the site design proposed project. Enhancements to existing sidewalks within the public right of way are to be provided at both entrances on Thousand Oaks Boulevard and Lombard Street per conditions of approval applied to the project. An expansive quasi -public open space area, which features meandering pedestrian pathway connections from the sidewalk to the proposed building's entrances, is provided along the northern property line adjacent to Thousand Oaks Boulevard.

In addition, internal pedestrian site circulation includes a series of walkways, breezeways, courtyards, and seating areas with landscaping, planters , and other decorative features. Furthermore, connecti vity between the mixed- use buildings and the residential-only area to the southwest of the site is designed with raised crosswalks introducing traffic calming measures, thus reducing vehicle speeds and improving pedestrian and vehicular circulation.

There are several pedestrian entrances to the residential areas of each building provided through dedicated lobby areas, as well as controlled-access gates to the outdoor amenity areas located west of Budling C and south of Building B . In addition, ground floor units provide direct access to the sidewalk s along the perimeter of Buildings A and C, and on the southwest side of Building B.

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

Public Art
SP-20 requires new projects to provide public art with a value of 0.25% of the building cost, or provide an equivalent in-lieu fee. According to the applicant’s initial analysis, the total building cost is approximately $109,000,000. Based on this estimate, 0.25% is $272,500. The applicant intends to provide art in the form of decorative tiles and pavers at pedestrian entrances and crosswalks , in the project area. Final determination of public art to be incorporated into the project area will be made prior to issuance of building permits. A c ondition of approval has been included in the Resolution to ensure compliance with this requirement.

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Quimby Act

Pursuant to the City’s Parkland Dedication ordinance (Quimby Act), conditions have been applied to the project requiring the developer to pay a fee in lieu of land dedication to satisfy the park needs of future residents. This fee is to be determined by and paid to the Conejo Recreation and Park District (CRPD) prior to the issuance of a building permit for the construction of the buildings proposed herein.

The applicant has also agreed with (CRPD) to donate the land to help provide parkland and park improvements necessary to serve residents of the new development. The project proposes 21,154 square feet of linear park along Thousand Oaks Blv d., and 12,049 square feet park along Lombard Street. The park improvements would be passive and would provide a neighborhood park level of service with features such as seating and gathering spaces, walkways, preservation of two large mature oak trees, game areas, small playground, and open turf areas with landscaping. The developer will be responsible for developing and maintaining the parks. The parks would need to be accessible to the public during normal operating hours which must not be less than 1 hour after sunrise and 1 hour after sunset. In return, CRPD would reduce the Q uimby fees by 50 percent.

Vehicular Access and Parking

Primary i ngress and egress to the site are provided from two bi-directional driveways, both accessed from Thousand Oaks Boulevard and Lombard Street , as seen in Figure 8 and Sheet A0-16 of the Project Plans (Attachment #6). Within the site, the internal roadway extends from both Thousand Oaks Boulevard and Lombard Street leading to the parking garage entrances within Buildings B and C.

These roadways are lined with sidewalks and surface parking spaces designed with permeable pavers and raised crosswalks. The internal access road also provides access to temporary parking and loading areas as well as parallel parking spaces to serve commercial uses.

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Figure 8 – Circulation Plan

In addition, a pedestrian- oriented road extends to the south between Building B and Building C (Figure 8 - hatched green). This pedestrian-oriented road not only serves as access to the residential units on the ground floor units of Buidling B and C and to the dog park located at the southeast corner of the site but also provides VCFD access . As conditioned, all access ways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards.

The parking structure at Building B, serving the mixed-use building, is a two-level structure at grade, with the first and second levels completely encapsulated by the proposed commercial and residential uses. The entrance is located at the midpoint of the east side of the building and is not visible from any public road due to the location of Building C immediately to the West and existing commercial buildings to the west along Lombard Street. A portion of the parking structure is exposed at the southwest elevation of Building B, however, the elevations of the below-grade parking structure have been designed to reflect architectural compatibility with the proposed development. Additional conditions of approval have been included requiring the applicant to work with staff to determine materials to improve the proposed decorative metal vent covers that appear on the south and southwest sides of the Building B parking structure.

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Semi-subterranean parking structure at Building C, serving the residential -use- only building. Ingress and egress to the below-grade parking structure is provided on the north side of the building and are completely screened by Building A to the north, which minimizes public view of the entry areas. As normally required by the TOMC and as included in the conditions of approval, all parking stalls within Parking Structure B will be designated for and accessible by the tenants of Building B and Parking Structure C will be designated for and accessible by the tenants of both Buildings A and C . A total of 475 parking spaces are proposed for the proposed mixed-use and apartment buildings, as shown in Table 9.

Table 9: Number of Parking Spaces by Type
Parking Location
Number of Parking Spaces by Type
Compact* Tandem1 ADA** Standard Total
Parking Structure B 28 12 7 132 179
Parking Structure C 66 8 7 199 280
Surface 0 0 2 14 16
Total 475
*Per Section 9-4.2404(d)(1)(i) of the Municipal Code, a maximum of 35% of the residential parking spaces may be compact size. Twenty (20%) percent is provided, in compliance with the Code standards.
**Number of spaces provided complies with the Americans with Disabilities Act (ADA), contained in Title 24 of the California Building Code.

Thousand Oaks Boulevard Specific Plan requires off-street parking for restaurant and commercial uses. As shown in Table 10, the project is required to provide one parking space per 200 square feet of gross leasable area for the first 2,000 square feet of gross leasable area, and one parking space is required per 100 square feet of gross leasable area over 2,000 square feet of a restaurant. In addition, one loading zone/dock is required to be provided for the project with one proposed at Building B.

1 The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts. A suggested condition requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.

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Table 10: Vehicle Parking Supply and Demand
Parking Categories Parking Ratio Number of Units/
Commercial s.f.

Parking
Required
Parking
Provided
Residential
1 Bedroom 1 space/unit 168 168 408 2 Bedroom 1.5 spaces/unit* 160 240 Guest Parking** 0 spaces/unit 328 None 19***
Total Residential 328 408 427

Commercial
Retail 1 space/300 s.f. 5,300 s.f 18
48 First 2,000 s.f. 1 space/200 s.f. 2,000 s.f 10
>2,000 s.f. 1 space/100 s.f. 1,200 s.f***. 12
Total Commercial 8,500 s.f. 40

Total Parking 448 475
*1.5 space/unit allowed by State density bonus law.
**State density bonus law exempts provision of guest parking. ***The 19 surplus spaces within Building C are not designated for either use type specifically and may be used by either commercial visitors or residential guests.

SP-20 allows on-street parking spaces immediately adjacent to and on the same side of the street of the subject property to be counted toward meeting the off - street parking requirement for the project . The proposed project includes 14 surplus on-street parking spaces that may be used by either commercial visitors , residents, or guests. As previously mentioned, the project requires a minimum of 448 parking spaces, and 475 parking spaces are provided on-site. Therefore, the 14 additional on- street parking spaces will serve to complement the proposed mixed-use development but are not required.

The site provides on- site parking for vehicles while accommodating and encouraging other multi-modal transportation methods. Amenities include on-site bicycle racks for visitors and dedicated bicycle corals for tenants. The number of bicycle spaces required by the California Green Building Code must be equal to or exceed ten percent of the number of proposed parking spaces . The proposed project exceeds the requirements, as 120 spaces are being provided (96 long-term and 24 short -term bicycle spaces) , including 3 electric bicycle charging stations and 3 electric scooter charging stations . The short -term bicycle parking, as designed, is distributed across the site frontage, adjacent to the open space and parks, in front of commercial spaces , and at building lobbies. Long-term bicycle parking spaces are located in two designated indoor spaces: one in Building B, at the northeast end of the site, and one in Building C, at the southwest end of the site.

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A designated drop-off/pick-up area near the front entrance to Building B is provided to accommodate private transportation services, such as taxi cabs, Uber™, Lyft™, etc. Additionally, a designated drop-off/pick-up area near the northeast corner of Building C is provided to accommodate local delivery and loading services. This area may also be utilized for larger delivery vehicles for short -term pick-up/drop- off services. As required in the conditions of approval, a ppropriate curb designations and signage i ndicating the hours of operation must be provided to ensure this area is utilized for these short -term uses and not for the standard parking of vehicles.

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

The applicant is proposing the minimum required residential parking, totaling 408 parking spaces. Although not required, the proposed project includes 19 guest parking spaces for the proposed multi -family re sidential uses. A condition of approval has been applied to the project allowing a maximum 50% reduction of surplus guest parking spaces to serve the commercial component of the project subject to review and approval of the Community Development Department.

In addition, the project will provide infrastructure for electric vehicle charging stations beyond the requirements of the California Building Code , as outlined in the draft Development Agreement (Attachment #5B).

Traffic

As required by CEQA, a Vehicle Miles Traveled (VMT) analysis was conducted to evaluate the project’s transportation impacts. The proposed project Circulation and Vehicle Miles Traveled Study dated April 2024 details the VMT analysis and is summarized in Table 10, Project VMT Analysis Summary.

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

15.32 VMT 11.05 VMT 28% less
than the City-
wide average
Commercial Citywide average
daily VMT per
employee

22.55 VMT 21.72 VMT 4% less than
the City-wide
average
* TAZ = Traffic Analysis Zone
The VMT analysis of the project determined the impacts resulting from the project would be less than significant and no mitigation measures are required (see the Transportation Section included with the Addendum to EIR No 327). As shown in Table 10, the project’s daily residential VMT per capita and commercial VMT per employee would be approximately 28% and 4% less than the City-wide averages, respectively. As such, neither the VMT per capita nor VMT per employee would exceed the Citywide average VMT baseli nes, and the project-generated VMT impact would be less than significant. It should be noted that the study provides a conservative analysis. The VMT analysis assumed a proposed ground- floor commercial area that included 3,200 square feet of restaurant use out of the total 8,500 sq. ft of commercial area proposed. The resulting analysis is conservative in assuming more intense commercial uses would occur, and actual impacts would be reduced if general retail were to occupy the total 8,500 sq. ft of commercial area proposed.

While VMT is the metric for assessing transportation impacts under CEQA, it should be noted that staff required traffic delay to be analyzed as part of the planning review process, outside of CEQA. The project is adjacent to the intersection of Thousand Oaks Boulevard/Hodencamp Road and Thousand Oaks Boulevard/Lombard Street. The Vehicle Miles Traveled Study examined eight intersections in the project vicinity to assess the existing Level of Service (LOS) plus the proposed project (Attachment # 7). Based on the analysis, the study concluded that all studied intersections currently operate at LOS D or better during morning and evening peak hours, which would continue to operate at an acceptable LOS of D or better with the proposed project. Per Resolution No. 2019- 011, a Level of Service D is the minimum standard acceptable. As such, the project will not cause adverse impacts related to LOS at nearby intersections. In addition, the Public Works Department has included conditions of approval requiring adequate line of sight visibility, traffic impact fees, and any necessary Cherry Tree Development, LLC
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traffic signal, signs, and striping to accommodate the proposed project driveways.

It should be noted that the proposed Thousand Oaks Boulevard driveway is designed to accommodate full inbound movements and right -turn outbound movements only. The proposed Lombard Street driveway is proposed to accommodate full inbound and outbound access.

Grading

Proposed grading quantities include approximately 79,000 cubic yards (c.y.) of cut and 3,000 c.y. of fill, with an export about 76,000 c.y. export due to excavation for the underground parking garages and modifications to the site characterized by a descending slope from the northeastern (front) to south and southwestern (rear) of the site. Using a capacity of 14 c.y. per truck, it is estimated that 10,856 truck trips will be necessary to haul away the dirt, consisting of 5,428 loaded truck trips and 5,428 returning empty truck trips. The proposed project will not involve grading impacts to 25% or greater natural terrain.

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

With inclusion of mitigation measures identified in the EIR No. 327 and conditions of approval, including, but not limited to, dust and rodent control, amongst other measures, the proposed grading will have a less than significant impact on surrounding properties. Additionally, the TOMC limits construction hours between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday with no work allowed on Sunday or City recognized holidays, so no grading activities or truck trips are permitted to occur outside these hours.

Overhead Utilities

There are existing high-voltage 66KV overhead powerlines and overhead electricity, telephone, and cable television utility lines that bisect the subject property. The high-voltage overhead powerlines extend north of the subject site across Thousand Oaks Boulevard and along the eastern side of Hodencamp Road. The applicant agreed to underground all the electrical systems within its property, including the 66KV system. Conditions of approval are applied to the project requiring all existing on- site and adjacent utility lines to be placed underground and the poles removed in conjunction with the development of this project, and as set forth in the Development Agreement DAGR 2023- 70001 Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

(Attachment 5). Furthermore, t he applicant agreed to enter into a cooperative agreement with the City to assist the City with the undergrounding of the Southern California Edison (SCE) systems located along Hodencamp Drive, from Thousand Oaks Boulevard to Hillcrest Drive. This system includes 16KV line, 66KV line, communications lines, and all the structures. Section 8 of the Development Agreement sets forth the two possible undergrounding plans for undergrounding.

A Reimbursement Agreement will also be entered into between the parties to address the responsibilities of the parties in obtaining permits, managing construction and design, and cost -sharing. The parties will also need to work collaboratively with Southern California Edison (SCE) for the undergrounding portion of the project. Figure 9 demonstrates the high-voltage overhead powerlines extending to the north will be placed underground and the poles removed from the subject site to Hillcrest Dive to the north.

Figure 9 – Overhead Powerline Plan

Protected Trees (PTP 2023-70067)

The site contains a total of 34 protected oak trees that consist of twenty -four (24) protected Coast Live Oak trees, eight (8) Valley Oak trees, and two (2) Holly Oak

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

trees on-site per the Oak Tree Report dated January 2024 (Attachment #8). This report evaluated the health of each tree and the extent of the impacts resulting from project activities. The project design requires removal of 17 protected Coast Live Oak trees and 5 Valley Oak trees and encroachment into the protected zone of 6 protected Coast Live Oak trees, 2 Valley Oak trees, and 1 Holly Oak tree. One (1) Coast Live Oak tree, One (1) Valley Oak tree, and one (1) Holly Oak tree will remain in place, which include oak trees within the Caltrans right-of-way along the south property line and one Holly Oak tree along the west property line.

Descriptions of the protected trees impacted by the proposed development through removal and encroachment are provided in Table 12 below.

Table 12: Impacted Protected Trees
Tree No. Common Name Trunk Diameter Health Appearance
Retain and Protect
20 Coast Live Oak 6” Fair B
21 Valley Oak 15” Fair B
39 Holly Oak 15” Good B
Removal
3 Coast Live Oak 7” Good B
4 Coast Live Oak 5” Good B
5 Coast Live Oak 5” Fair C
6 Coast Live Oak 14” Fair C
7 Coast Live Oak 9” Fair C
8 Coast Live Oak 6” Good B
10 Coast Live Oak 3” Fair C
13 Coast Live Oak 11” Fair C
14 Coast Live Oak 55” Fair C
15 Coast Live Oak 11” Fair C
17 Coast Live Oak 3” Fair C
18 Coast Live Oak 7” Fair C
22 Coast Live Oak 9” Fair C
23 Coast Live Oak 3” Fair C
32 Valley Oak 13 Fair C
36 Coast Live Oak 6” Fair C
40 Valley Oak 4” Poor D
43 Valley Oak 4” Good B
46 Coast Live Oak 15” Fair C
50 Coast Live Oak 53” Fair C
51 Valley Oak 9” Good B
52 Valley Oak 8” Fair C
Pruning/Encroachment
1 Valley Oak 54” Fair A
2 Valley Oak 42” Fair A
Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

Pruning/Encroachment
9 Coast Live Oak 10” Fair B
16 Coast Live Oak 22” Fair C
29 Coast Live Oak 12” Fair B
30 Coast Live Oak 3” Good B
31 Holly Oak 8” Fair C
35 Coast Live Oak 7” Fair C
37 Coast Live Oak 5” Fair C

The removal of protected oak trees is necessary to accommodate the proposed improvements and grading activities associated with the construction of the new mixed-use development, including adequate vehicular and pedestrian circulation and parking facilities . Figure 10 demonstrates the development areas and tree locations affected by the proposed construction activities.

Figure 10 – Protected Tree Impacts

Encroachment and Pruning of 9 of the 34 protected Coast Live Oak, Valley Oak , and Holly Oak trees onsite is necessary to maintain proper clearance over proposed sidewalks, outdoor patios, driveways, and open space. Existing protected trees located along the northwestern portion of the site and near the public right-of- way were prioritized for preservation and only encroachments are proposed, which was a City Council priority expressed during the public hearing initiating the General Plan Amendment and alloc ating the residential capacity to the site. A City

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

Landscape Consultant provided an independent evaluation of the applicant’s report and recommendations contained therein for the work occurring within the protected zone of the oak trees. The City consultant concluded that, with the inclusion of the suggested project conditions, including appropriate work methods and monitoring for the work performed around the protected oak trees, that the proposed encroachments will not have a detrimental effect on the health of trees.

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

The Oak Tree Preservation and Protection Ordinance allows for oak tree encroachments and removals if the request is not contrary to the purpose and intent of the ordinance. In this case, the removal of the 22 oak trees and encroachment into the protected zone of 9 oak trees is consistent with the intent of the oak tree preservation and protection ordinances since the removals will be replaced with three trees for each one removed (3:1 ratio - two 24” box and one 36” box tree). The quantity and size are as follows:
• 40 twenty– four (24”) inch box specimens, and
• 20 thirty– six (36”) inch box specimens.
• 4 sixty (60”) inch box specimens

Figure 11 – Replacement Tree Plan

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

As seen in Figure 11 above ( demonstrated in green circles) , six (6) Island Oak (Quercus tomentella) trees 36-inch box specimens are to be provided onsite per the Replacement Tree Plan as demonstrated within the Project Plan Set (Attachment # 6). Per Resolution 2010- 014, only the oak tree species count towards the number of replacement trees required. Therefore, the applicant will either need to submit a new Replacement Tree Plan, propose the planting of the trees at an off-site location for public benefit, subject to Community Development Director approval, or provide a $ 102,614.77 in-lieu payment to the City’s Open Space Conservation Fund used toward the acquisition of open space, as prescribed by Resolution 2010-014.

Further, replacement trees have been strategically located within the open space programs of the project to provide use of the trees by both residents and the public.

Also, six trees have been sited in a manner that acts as a physical barrier between the residential structures and surrounding roadways to the north, west, and south.

The specific placement of the trees within the site provides further visual screening to and from the roadways while attenuating noise for future residents. Therefore, staff supports the proposed replacement tree layout.

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

Development Agreement (DAGR 2023-70001)

A DAGR is required for approval of projects that receive allocation of Measure E units (Attachment #5). Development agreements are typically executed to provide certainty to the invol ved parties and to me morialize understanding about the development of the property. Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies public and private benefits and responsibilities.

The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as proposed, the City will have 284 market-rate and 44 lower-income restricted affordable units to add to its residential stock and count towards the current RHNA requirements from the State, as well as the development of a vacant mixed-use site, built with enhanced sustainability features . Significantly, while the City cannot normally condition a property owner to underground 66KV transmission lines, the parties agreed that in Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

this project the applicant will underground all of the overhead utilities, including the 66KV transmission poles. Moreover, in collaboration with the City and SCE, the applicant will manage the extension of the undergrounding of SCE utility lines from Thousand Oaks Boulevard, north up Hodencamp Road to the intersection of Hillcrest Drive.

Additional points of the DAGR include a term of seven (7) years, a lock of certain City impact fees, waivers of certain objective design standards, and so me additional sustainability components.

Environmental Review (CEQA 2023-70004)

In accordance with the California Environmental Quality Act (CEQA), a comprehensive evaluation of the potential environmental impacts for this project was performed. Addendum to EIR No. 327 (Attachment #9) was prepared for the project and analyzed as required under the CEQA Guidelines, Sections 15162 and 15164. The evaluation determined that the project will not result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in EIR No. 3 27. Thus, a subsequent EIR or supplemental EIR need not be prepared. Appropriate measures are identified in the Addendum to ensure mitigation is in place so no significant adverse environmental impact results from the project. Furthermore, EIR No. 327 mitigation monitoring plan is required to ensure the indicated mitigation measures are applied to the project to reduce and avoid potential effects of the project on the environment, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented (Attachment #9). Environmental documents can also be found here: Environmental Documents .

Staff is therefore recommending the Planning Commission consider the Addendum to EIR No. 327 prepared for the project in accordance with the California Environmental Quality Act (CEQA) 2023-70004).

CORRESPONDENCE
Staff received one public correspondence dat ed April 11, 2024, that raised concerns related to traffic impacts resulting from the proposed project. No other public comments were received (see Attachment #10).

Cherry Tree Development, LLC
(SUP 2023-70011/ DAGR 2023-70001/PTP 2023-70067/CEQA 2023-70004) April 22, 2024

CONCLUSION
The proposed project has been designed to meet the intent of the City’s General Plan, standards, codes, and policies, including SP- 20. The proposed building design and site layout integrate well with surrounding development and has a cohesive architectural design meeting the City’s Architectural Design Guidelines, Freeway Corridor Guidelines, and Objective Design Standards by including pedestrian-oriented site plan emphasizing public and private exterior spaces.

Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Resolution as well as recommends that the City Council consider the Addendum prepared for the project in accordance with CEQA.

PREPARED BY
: Carlos Contreras, Senior Planner
Attac
hments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution for SUP 2023-70011; and PTP 2023-70067 Attachment #5A – DAGR (DAGR 2023-7 0001) Ordinance - NOT INCLUDED Attachment #5B – DAGR (DAGR 2023-7 0001) Draft Agreement - NOT INCLUDED Attachment #6 – Project Plans, dated February 15, 2024 - NOT INCLUDED Attac
hment #7 – Traffic Study dated April 2024
Attachment #8 – Oak Tree Report, dated January 2024
Attachment #9 – Addendum (CEQA 2023-70004), dated April 2024 - NOT INCLUDED Attac
hment #10 – Public Correspondence
CDD:420-82/cc/H:CO
MMON/Planning Commission/Agenda Packet/2024/2024-04-22/07A 500 E TO BLVD SUP 23- 70011 Staff Report/pz (FILE ID: SUP-2023-70011)
Erbes Rd
E Janss Rd
N Lynn Rd
N Moorpark Rd
W Wilbur Rd
S Moorpark Rd
Lynn Rd
SUP-2023-70011, DAGR-2023-70001, PTP-2023-70067,
CEQA-2023-70004
Michael Militello/Tim Stanley - Cherry Tree Capital Partners Vicinity
Map
0 2,000 4,0001,000
Feet
Site
City of Thousand Oaks
Community Development Department
101
23 ATTACHMENT #1
U:\cdcjansen\_Case Maps\_Street Order\Thousand Oaks Blvd 500 E\Thousand Oaks Blvd 500 E.aprx CDD:420-82/cc/H:COMMON/Planning Commission/Agenda Packet/2024/2024-04-22/07A 500 E TO BLVD SUP 2
3-70011 Attach 1 Vicinity Map/pz (FILE ID: SUP-2023-70011) to PC Staff Report of
04/22/2024
Moody Ct
Hodencamp Rd
Long Ct
Thousand Oaks Blvd
Haaland Dr
Irving Dr
Lombard St
SUP-2023-70011, DAGR-2023-70001,PTP-2023-70067,
CEQA-2023-70004
Michael Militello/Tim Stanley - Cherry Tree Capital Partners Location Map
City of Thousand Oaks
Community Development Department
Subject
Property
0 150 300 45075
Feet
101
ATTACHMENT #2
U:\cdcjansen\_Case Maps\_Street Order\Thousand Oaks Blvd 500 E\Thousand Oaks Blvd 500 E.aprx CDD:420-82/cc/H:COMMON/Planning Commission/Agenda Packet/2024/2024-04-22/07A 500 E TO BLVD
SUP 23-70011 Attach 2 Location Map/pz (FILE ID: SUP-2023-70011) to PC Staff Report of
04/22/2024

Irving Dr
Long Ct
Haaland Dr
Thousand Oaks Blvd
Lombard St
Hodencamp Rd
SUP-2023-70011, DAGR-2023-70001, PTP-2023-70067,
CEQA-2023-70004
Michael Militello/Tim Stanley - Cherry Tree Capital Partners Aerial Map
U:\cdcjansen\_Case Maps\_Street Order\Thousand Oaks Blvd 500 E\Thousand Oaks Blvd 500 E.aprx City of Thousand Oaks
Community Development Department
0 150 300 45075
Feet
Subject
Property
101
CDD:420-82/cc/H:COMMON/Planning Commission/Agenda Packet/2024/2024-04-22/07A 500 E TO BLVD SUP 23-70011 Attach 3 Aerial Map/pz (FILE ID: SUP-2023-70011) ATTACHMENT #3
to PC Staff Report of
04/22/2024
A pplicatio ns :

A pplicant:

L ocatio n:

C IT Y O F T H O U S A ND O A K S

P LA N N IN G C O M M IS S IO N
R E S O L U T IO N N O . 06- 2024 P C

A R E S O LU T IO N O F T H E P LA N N IN G C O MM IS S IO N

O F T H E C IT Y O F T H O U S A N D O A K S

R E C O M M E N D IN G C IT Y C O U N C IL C O N S ID E R T H E

A DD E N D U M T O E N V IR O N M E N T A L IM P A C T
R EP O R T ( E IR ) N O . 327 A N D A P P R O V E A S P E C IA L U S E P E R M IT ; D E V E LO P M E N T A G R E E M E N T ; A N D

P R O T E C T E D T R E E P E R M IT FO R T H E U S E O F C E R T A IN P R O PE R T Y W IT H IN S A ID C IT Y A T 500

E A S T T H O U S A N D O A K S B O U L E V A R D
S pe cia l U se P e rm it ( S U P ) 202 3- 700 11; D evelo pm e nt A greem e nt D A G R ) 2023- 7000 1; P ro tected T ree P e rm it ( P T P ) 2023- 70067; and E nv iro nm e ntal Im pact R e port A dde nd um ( C E Q A ) 2023- 70004
C he rry T ree D eve lo pm e nt, LLC
50 0 E ast T ho usand O aks B o ulevard
A P N s : 525- 0- 0 12 - 230 , 669- 0- 20 1- 030 , 669- 0- 201- 04 0 , 66 9- 0- 20 1- 050 , and 669- 0-20 1- 10 5)
S E C T IO N 1
T he P lanning C om m issio n of the C ity of T ho usa nd O a ks, C alifo rn ia , D O E S R E S O LV E A S F O L LO W S :

W H E R E A S , the ap plicant ha s filed w ith the C ity an app licatio n unde r the p ro v isio ns of the C ity of T ho usand O aks M unicipal C ode reque sting the fo llo w ing :

1. C E Q A 20 23- 70004 : A dde ndum to the T ho usand O a ks B o ulevard S pec ific P lan 20 E nv iro nm e ntal Im pact R eport N o . 32 7 pre pared fo r the pro je ct and in acco rdance w ith the C alifo rn ia E nviro nm e ntal Q ua lity A ct ( C E O A ) fo r the subje ct pro ject; and

2. S U P 20 23-700 11: A llow the constructio n of a 60 9 , 6 33 sq uare fo ot s . f.) m ix ed- use de velo pm e nt co nsisting of 328 reside ntial units w ith a 50 % D e nsity B o nus pro viding 44 lo w er- incom e aff orda b le units, incl ud ing 8, 500 square feet of com m e rcial retail and restaurant space, p oc ket parks, dog park, plazas, se ating areas, and other am e nities.

T he 328 reside ntial units w ould be distrib uted acro ss one 4- story CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 1 R es. N o . 06- 2024 P C
ATTACHMENT #4
to PC Staff Report
of 04/22/2024
m ix ed- use b uilding , one 5 -story podium - style m ixed- use build ing , and one 5 -story p od ium - sty le m ulti- fam ily reside ntia l building w ith m ax im um b uilding he ig hts ranging fr om 47 feet to 62 feet. T he pro ject a lso includes surf ac e p arking and tw o sem i- subte rrane an pa rking structures com p rised o f 48 com m e rcial parking spaces, and 427 reside ntial p arking spaces ; and
3 . D A G R 2023- 7000 1 : C reate a bind ing co ntra ct that vests the rig hts of the a pp licant to a spec ific p ro ject, set fo rth the tim e pe riod to construct the p ro ject, and spec ify public and private be nefits and respo ns ibilitie s re lated to the p ro ject; and

4. P T P 2 02 3- 70 06 7: A llow rem oval of 17 C oast Li v e O a k ( Quercus agrifolia) trees and fiv e ( 5 ) V alley O ak ( Q uercus lo bata) tree s, as w ell a s the enc ro ac hm e nt into the p ro tected zone of six ( 6 ) C oast Li ve O a k trees, tw o ( 2 ) V alley O a k trees , and one ( 1) H o lly O a k ( Q ue rcus ilex) tree .

T he a pplicant is reque sting to utiliz e the S tate D e ns ity B o nus Law pa rking ratio s, including three ( 3) C o nc essio ns and fo ur ( 4 ) W aiv ers as allow ed by S tate D e nsity B o nus Law a s fo llow s:

C o ncessio ns

1. B uilding H e ight- A llo w an increase in the num be r of allow able storie s fo r a b uildinq , fr om 3 stories to 5 stor ies, as specifie d by T ho usa nd O a ks B o ulevard S pec ific P la n N o . 20 ( S P - 20);

2. B uilding W indow s D etails - D ec rease the m inim um w indo w de pth to tw o 2) inches fr om glass to w all edge instead of three ( 3 ) inches and inc orpo rate viny l w ind ow fr am es instead of alum inum , fibe rglass, w oo d, or m a nufactured w ood, a s othe rw ise req uired by T O M C S ectio n 9-

4. 2 20 5( h)( 1 )( ii) and ( h )( 3 )( i); and
3 . R etail Fro ntage - D ec rease the m inim um 50 % retail area requ ired fo r any b uilding w ith greater tha n 10 0 feet of fro ntage alo ng T ho usand O a ks B o ulevard to 18 % reta il area , as specified by S P - 20.

W aivers

1. B uild ing S etbac k - Inc rease in the fr ont yard building setbac k fo r m ixed- use B uilding A fr om the m ax im um allow ab le 15 feet to 98 . 5 feet, as specified b y S P - 20 ;

2. B uild ing T ypes and D es ig n - Increase the stacked dw elling type and m ix ed- use b uild ing type interior corrido r le ngth to 15 0 fe et instead of 10 0 feet a s o th e rw ise req uired b y T O M C S ectio n 9- 4 . 2205 ( e )( 8)( iv ) and e)( 9 )( vi);
CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packel/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 2 R e s. N o . 06- 2024 P C

3. C o urtyards - C o urt yards w ithin podium build ing type s sha ll be loc ated no m o re tha n one story abov e street le vel as otherw ise req uired by TO M C S ectio n 9 -4 .2 2 05( e )( 8)( vi); and

4. B u ilding A ccess - A ll gro und floor reside ntial units w ithin a stacked d w elling b uilding ty pe a re required to pro v ide a m a in entrance to each resid e ntial u nit directly fr o m the street, as othe rw ise required by T O M C S e ctio n 9 -4 .2 205( e )( 8 )( ii).

T he a p plicant is req ue sting three ( 3 ) M o dific atio ns to the O bjective D esign S tanda rds ( O D S ) o f the T O M C as fo llow s:

M o difi catio ns

1. B u ilding M assing and A rtic ulatio n - Inc rease build ing le ngth to 369 feet instead o f the m ax im um 200- fo ot le ngth as othe rw ise required by T O M C S e ctio n 9 -4 . 2 205( g )( 1 );

2. B uilding A rticulatio n - B uildings ove r three ( 3) storie s tall m ust have m ajo r m a ssing brea ks a t a m inim um of thirty inche s ( 30 ") deep and fo ur 4 ) fee t w ide a nd extend the full he ig ht of the building and pro vide m ino r m a ssing b reaks at least every 50 feet alo ng the street fro ntage , m inor b reaks m ust be a m inim um o f tw elve inche s ( 12 ") de e p and fo ur ( 4 ) feet w id e and e xtend the full h e ight of the build ing as othe rw ise required by T O M C S e ctio n 9- 4 .2 205( g )( 2 )( iii)( a b ) and ( a c ); and 3 . O pe n S p ace D es ig n - D e crease the m inim u m sixty pe rcent ( 60%) of the co m m o n usable ope n space to be pro v ided as a la ndscaped gree n area a s o the rw ise required b y T O M C S ectio n 9- 4 . 2205 ( e )( 8 )( x ) and ( e )( 9 )( xi).

W H E R E A S , on S e ptem be r 21 , 202 3 , a N otice of A pplic atio n sign w as p osted on the subject p ro pe rty to info rm the pub lic of the pro pose d pro ject at the e arly stages o f the p ro ject; a nd
W H E R E A S , on S e ptem ber 23 , 202 3 , a N o tice of A pplicatio n w as m a ile d to a ll p ro perty ow ne rs a nd occupants w ithin a 50 0- fo ot radius of the subject pro perty; a nd
W H E R E A S , on A pril 8, 2 0 24 , a N otice of P lann ing C om m issio n P ublic H ea ring sig n w as p osted on the subject p ro pe rty ; and W H E R E A S , on A pril 8, 2024 , a N otice of P la nn ing C o m m issio n P ublic H e aring w as m aile d to a ll p ro pe rty ow ne rs of rec ord w ithin a 50 0- fo ot radius of the sub ject site ; and
W H E R E A S , on A pril 8, 2024 , a N otice of P lann ing C o m m issio n P ublic H ea ring w as p ub lishe d in a n ew spaper of ge ne ral circulatio n w ithin the C ity of T h o u sand O aks; and
CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0lA 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
P ag e 3 R es. N o . 06- 2024 P C
W H E R E A S, the Planning Com m ission, upon giving the required notice, did, on the 22nd day of April 2024, conduct a duly advertised public hearing as prescribed by law to consider said application; and
W H E R E A S, at the April 22, 2024, Planning Com m ission public hearing, or al and w ritten evidence, including a staff report, w ere presented and received, and com m ents and argum ents w ere heard fr om all interested parties appearing in the m atter.

SEC T IO N 2
W H E R EA S, pursuant to CEQA , City conducted an enviro nm ental review of the pro ject, prepared and duly pro cessed an Addendum to Enviro nm ental Im pact Report ( EIR ) No. 327 ( C EQ A 2023- 70004), dated April 2024; and W H ER EA S, pursuant to CEQ A ( Public Res. Code, Section 21000 et seq.), the State CEQ A G uidelines ( 14 CC R Section 15000 et seq.) and the City of T housand O aks' Local CEQ A G uidelines, the City of Thousand O aks ( C ity) is the lead agency fo r the Project, as the public agency w ith general govern m ental pow ers; and
W H E R E A S, the City, as the lead agency, determ ined that an Addendum to E IR No. 327 w ould be prepared pursuant to CEQA to analyze all potential adverse enviro nm ental im pacts of the Pro ject; and
W H E R EA S, the City, as the lead agency under CEQ A Section 15164, considered the potential enviro nm ental im pacts of the pro ject and based on the info rm ation contained in the Addendum the City, as the lead agency, determ ined that the pro posed P ro ject w ill not result in new significant im pacts nor substantially increase the severity of previously disclosed im pacts beyond those already identified in E IR No. 327; and
W H E R EA S, prior to taking action, the Planning Com m ission has heard, been presented w ith, review ed, and considered all of the info rm ation and data in the adm inistrative record, including the Addendum to EIR No. 327, and all or al and w ritten evidence presented to it during all the m eetings and public hearing; and W H ER EA S, the Addendum reflects the independent judgm ent of the City and is deem ed adequate fo r purposes of m aking decisions on the m erits of the Project; and
W HE R EA S, all other legal prerequisites to the adoption of this Resolution have occurred; and
CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Reportlpz ( FILE ID: SUP- 2023- 70011)
P a g e 4 Res. No. 06- 2024 PC
W H E R EA S, the Planning Com m ission has review ed and considered the info rm ation contained in the Addendum ( C EQA 2023- 70004), and m akes the fo llow ing findings of fa ct and recom m ends the fo llow ing to City Council:

1. Addendum to EIR No. 327 ( C EQ A 2023- 70004) w as prepared in accordance w ith the requirem ents of CEQ A , reflects the independent judgm ent of the City of Thousand O aks, and has been review ed and considered by the Planning Com m ission prior to m aking its decision. This Addendum neither recom m ends appro val or denial of the pro posed Pro ject nor w ill it be the sole basis fo r the City' s action on the pro posed Pro ject.

2. T his addendum analyzes the pro posed Pro ject as required under the CEQ A G uidelines, Sections 15162 and 15164. Under CEQ A Guidelines Section 15164, an addendum to an adopted EIR shall be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling fo r the prepara tion of a subsequent EIR have occurred. Under Section 15162, the lead agency shall prepare an EIR if there are any new significant enviro nm ental effects associated w ith the pro ject.

3. On the basis of the Addendum prepared fo r the pro ject, it is fo und that, the pro posed Pro ject w ill not result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in E IR No. 327. Thus, a subsequent EIR or supplem ental EIR need not be prepared.

4. Addendum to EIR No. 327 ( C EQ A 2023- 70004) has been review ed for confo rm ance w ith the pro visions of the Califo rn ia Enviro nm ental Quality Act.

For this application, the City is the Lead Agency and, on behalf of the Applicant, the Planning Com m ission is being asked to consider the Addendum to EIR No. 327 and m ake the CEQA Findings legally adequate under CEQA as to each developm ent application associated w ith the pro ject.

5. The Planning Com m ission has review ed and considered the info rm ation contained in the Addendum to EIR No. 327 ( C EQ A 2023- 70004), and w ritten and oral com m ents regarding enviro nm ental effects. The pro ject Addendum w as prepared in accordance w ith the requirem ents of CEQ A, includes all com m ents received on the Addendum and the City' s response thereto, reflects the independent judgm ent of the City of Thousand Oaks, and the Planning Com m ission is being asked to recom mend to City Council the consideration of the Addendum to EIR No. 327 that w as prepared fo r the pro ject.

6. EIR No. 327 M itigation Monitoring and Reporting Pro gra m ( M MR P) designates responsibility and anticipated tim ing fo r the im plem entation of m itigation m easures im posed ~ s conditions of appro val w hich are fully CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

enfo rceable thro ugh fees, perm it conditions, agreem ents or other m easures. The M M R P describes the m itigation m easures identified in the Addendum to reduce and avoid potential effects of the pro ject on the enviro nm ent and adequately identifies the appro priate timing and enfo rcem ent details fo r each to ensure each m itigation m easure is im plem ented.

7. Based on all w ritten and oral evidence and testim ony in the record, the pro ject Addendum to EIR No. 327 ( a) complies w ith tho requirem ents of CEQ A and adequately identifies and considers all potentially significant enviro nm ental effects of the Developm ent Agreem ent; Speci al Use Perm it; and Pro tected Tree Perm it, and ( b) reflects the City' s independent judgment and analysis.

8. The Planning Com m ission recom m ends that the City Council consider the Addendum and m ake the CEQ A Findings as legally adequate under CEQ A as to each developm ent application associated w ith the pro ject and incorporate its provisions as conditions of appro val for each of the developm ent applications associated w ith the pro ject to the extent appro priate.

SEC TIO N 3
W H ER E A S, the findings of the Planning Com m ission supporting appro val of said SU P 2023- 70011 are as fo llow s:

1. The project is consisten t w ith the Thousand O aks G eneral Plan and any app licab le sp ecific plan or red evelop m ent plan ( T O M C S ection 9- 4. 28 03 ( c)( 1 )).

The La11d Use Elem ent of the G eneral Plan designates the pro perty as " M ixed- Use 20 to 30 du/ acre)," w hich allow s 30 dw elling units per acre. The subject property is located w ithin the w estern portion of SP- 20, w hich w as adopted by City Council on Novem ber 15, 2011. This plan pro vides specific and unique development standards and establishes policy and regulations fo r a defined area. SP- 20 allow s fo r a m ix of com m ercial and residential uses on the sam e site. The pro ject consists of the construction of tw o m ixed- use buildings and one m ulti- family residential building, 328 residential units ( including 44 low er- incom e affo rdable units), 8, 500 square feet of com m ercial retail and restaurant space, and tw o semi- subterranean parking structures. SP- 20 allow s fo r the pro posed m ixed- use development subject to review and appro val of a Special Use Perm it. The pro ject site is located at the southeast corn er of Thousand O aks Boulevard and Lom bard Street and is surrounded by several com m ercial centers offering dining, retail, gro cery, pro fessional, and recreation uses, thus reducing the potential number of vehicle trips from the pro ject. The subject site has easy access to Ventura Freew ay Corridor (" US 101 ") to the south via Thousand O aks. Boulevard and Moorpark Road and to State Route 23 (" 23 Freew ay") to the east via Thousand Oaks Boulevard and Hillcrest Drive.

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T h e p ro posed p ro ject is co nsistent w ith the G e ne ral P la n go als and po licies b ecause it is a m ixed- use de velo pm e nt that sup po rts res ide ntial uses consistent w ith d e nsities a ntic ipated b y the " M ixed- U se (> 2 0 to 30 du/ acre)" land use d esig natio n. T he p ro ject site totals 6. 0 9 net acres , based on the lo t siz e the m ax im um d e ns ity fo r this pro ject, w itho ut a D e ns ity B o nus , is 18 3 dw elling units 6 .0 9 n et acres x 3 0 d w elling un its p e r acre = 18 2 . 7 units, ro unded up to 18 3 u nits)". T he p ro je ct inc ludes 2 4 % of the base num be r of units as aff orda ble units in th e low e r- incom e catego ry, w hich equates to 44 aff orda ble low er- inc om e units.

T his a llow s the p ro ject to add 5 0 % m o re reside ntial units as a " D ens ity B o nus." T his b onus translates to 9 2 D ensity B o nus units pe r statutory allow anc e. T he total o verall n um be r o f reside ntial u nits proposed is 32 8 , w hic h is a result of the base n um b e r ( 18 3 units), p lus the additional unlim ited units above com m e rcia l ( 53 u nits), p lus the 5 0 % d e nsity bo nus ( 92 u nits). T he refo re, the de ns ity of the pro ject is co n s istent w ith b oth the G e ne ral P lan Land U s e E le m e nt designatio n and T h o usa nd O aks B o ule vard S pec ifi c P la n. In add itio n, the pro ject w ill be cons istent w ith th e goals a nd po licies o f the G e ne ral P lan H o using E le m e nt by pro v id ing ren tal h o using , incl uding 44 low er- incom e aff orda b le units.

T he p ro ject is cons istent w ith the G e ne ral P lan La nd U se E le m e nt P o lic ies w hich incl ude b ut are no t lim ited to :

P o licy 1. 1 O verall City structure - lncentivizing and stream lining infill m ulti- fam ily developm ent.

P o licy 1 .2 Com plete com m unity - S trive to m aintain a diverse and balanced m ix of uses in the City, so that Thousand Oaks is a " com plete com m unity" with a diversity of housing for all stages of life and incom e levels; im pro ve alignm ent of educational attainm ent opportunities with high- paying em ploym ent opport unities, open space, public facilities that m eet residents' needs, and retail and serv ice to support daily life.

P olicy 1 .3 Balance character and infill - M aintain com m unity character while pro m oting infill developm ent that brings needed housing, am enities, and jobs to the City.

P o licy 1. 5 M ixed- use developm ent - Allow m ixed- use developm ents, consistent with the G eneral Plan land use m ap, to support a healthy jobs/ housing balance, pro m ote walkability, and increase econom ic vibrancy.

P o licy 1. 7 Q uality " Third Places" - Support the developm ent and enhancem ent of Third Places" ( places people go after work or when not at hom e), including open space, recreation, art , and entertainm ent venues.
1 Pursuant to Government Code Section 65915( q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.

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P ag e 7 R es . N o . 06- 2024 P C
A G eneral Plan consistency analysis is described in the table below , dem onstrating that the developm ent is consistent and w ould not confli ct w ith City land use goals and policies of the G eneral Plan:

G en eral Plan Po licies Consistency A nalysis
Land Use Elem ent
G o al LU- 1:

Cre ate a land use patt ern of
develo p m en t that preserves
existing neig hborho o ds w hile
pro vid ing oppo rtunities fo r
targ eted in fill projects in strateg ic
lo cation s to en hance the quality
of life, preserv e the natural
environ m en t, an d ensure the
lon g - term fi scal viab ility of
Th ousan d Oaks.

Po licy 1. 1 Overall City structu re -
lncentivizing and stream lining infill
m ulti- fa m ily developm ent.

Po licy 1. 2 Co m p lete co m m un ity -
Strive to m aintain a diverse and
balanced m ix of uses in the City, so
that T housand O aks is a " com plete
com m unity" w ith a diversity of
housing fo r all stages of life and
incom e levels; im pro ve alignm ent of
educational attainm ent opportunities
w ith high- paying em ploym ent
opportunities, open space, public
fa cilities that m eet residents' needs,
and retail and service to support
daily life.

The pro ject is located w ithin an
underutilized site that is vacant c::111<..l
tem porarily occupied by a pum pkin patch
and tree lot use. The pro perty is
surrounded by a m ix of uses that support
a m ixed- use developm ent. The site is
located w ithin the G eneral Plan
Designation of " C om m ercial/
Residential," that allow s a density of 30
units per acre. The pro ject has an overa ll
density of 54 units per acre as the
S pecific Plan 20 allow s by right the
construction of additional units above
com m ercial space and additional units
allow ed under the State Density Bonus
Law .

As stated above, the subject site is a
vacant pro perty surrounded by existing
developm ent and the infill pro ject w ould
be com patible w ith and supported by
surrounding developm ent.

T he proposed pro ject includes tw o m ixed-
use buildings and one m ulti- fa m ily
residential building, consisting of 328
units incl uding 44 affo rdable units. The
pro ject w ould pro vide housing fo r low er
incom e fam ilies acro ss the three
buildings and in a m ix of housing unit
sizes w hich. range from 1 to 2 bedro om s.

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P ag e 8 Res. No. 06- 2024 PC
General Plan Policies Consistency A nalysis
Policy 1. 3 Balance character and
infil l - M aintain com m unity
character w hile pro m oting infill
developm ent that brings needed
housing, am enities, and jobs to the
City.

G oal LU - 2:

Preserve and enhance existing
neighb orhood s thro ughout the
City.

Po licy 2. 3 - Sustainable
Resid ences - Encourage pro perty
ow ners to use sustainable and
clim ate- appro priate landscaping by
incorporating natural m aterials and
native vegetation and trees to
enhance the urban fo rest and
pro vide shade and habitat fa una.

The pro ject, as designed, w ould pro vide
needed housing in the com munity. The
pro ject has been designed to preserve
som e of the m ature trees onsite to the
m axim um extent feasible. The pro ject is
designed to preserve the natural landfo rm
and m inimize grading on the site. The
pro ject incl udes a 21, 154 s. f. quasi- public
park along the frontage w ith outdoor
seating and w alkw ays.

The pro ject has a base density of 30 units
per acre , consistent w ith the underlying
M ixed Use land use designation. The
pro posed pro ject incl udes a m ix of
residential and com mercial uses w ith
public open space and incorporates a
design that is com patible w ith the
developm ent potential of surrounding
pro perties w ithin SP- 20.

The pro posed pro ject w ould be
preserving a couple of existing m ature
oak trees along Thousand Oaks
Boulevard. All new landscaping w ill be
Po licy 2. 7 - A ccess to review ed and approved by the Ventura neig hbo rho od am enities - County Fire Departm ent to m inim ize the Im pro ve sidew alks and bike lanes risk of fire w hile pro viding sustainable and w ithin neighborhoods and along clim ate- appro priate landscaping that ro utes to retail areas, schools, enhances the urban fo rest and pro vides parks, and other points of interest to shade fo r people and w ildlife. pro m ote active transportation-
related street am enities, including
bike parking, lighting, and seating
along m ajor ro utes.

The pro ject site is served by existing
sidew alks along Thousand Oaks
Boulevard and Lom bard Street. The
pro ject pro vides three ( 3) open space
play areas w ithin the developm ent
consisting of: one for general use, one fo r
teenagers, and one fo r younger children.

The project includes an expansive public
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Pag e 9 Res. No. 06- 2024 PC
General Plan Policies Consistency Analysis
Goal LU- 3:

Promote a diversity of housing
types for Thousand Oaks
residents thro ugh all stages of
life.

Policy 3. 1 Diversity of housing -
Pro m ote diversity of housing types
in locations thro ughout the City,
speci fically in neighborhood areas
that contain goods and services,
parks and open space, and public
schools in a w alkable setting.

Policy 3. 2 Housing for different
life stages and incomes -
Encoura ge new housing types fo r all
residents including young
pro fessionals, older adults, and
m iddle- and low - incom e fam ilies.

Policy 3. 5 Housing for special
needs - Support housing fo r older
adults, special needs gro ups
including those w ith developm ental
disabilities), and non- traditional
fam ily gro ups by allow ing a diverse
ra nge of housing configurations and
universally accessible design
features.
open space along the frontage and a
pro posed dog park at the rear ( south)
portion of the site. The developer w orked
w ith the Conejo Recreation and Park
District ( C R PD ) to facilitate public access
to the park. The pro ject incorporates
bicycle parking and storage. Bicycle
share lanes ( sharro w s) exist w ithin the
Thousand Oaks Boulevard right- of- w ay.

The pro ject is consistent w ith Goal LU - 3
as it pro vides 44 affordable units acro ss
the three pro posed buildings and the
affordable units consist of a variety of unit
sizes fo r low - incom e family housing.

The pro ject pro vides 44 affordable units
w ithin tw o m ixed- use buildings and one
m ulti- fa m ily residential building. The
pro posed m ixed- use pro ject is located in
an area w here there are a variety of job
centers in nearby com mercial retail,
m edical, and pro fessional office sites.

The pro ject incl udes 54, 763 square feet
of public open space that consist of one
park and retail plaza along the fro ntage, a
pocket park, and dog park. Public transit
bus stop) is adjacent to the site along
Thousand O aks Boulevard as w ell as
different bus ro utes w ithin a half m ile
connecting to other areas of the City and
County.

A total of 328 units w ould be pro vided,
incl uding 44 low er- incom e units, acro ss
the tw o m ixed- use buildings and one
m ulti- fam ily residential building. The
affordable units consist of a variety of unit
sizes fo r low - incom e fa mily housing.

The pro ject pro vides 4 75 total parking
spaces, consistinq of 48 com mercial
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General Plan Policies Consistency Analvsis
Policy 3. 7 Parking Requirements spaces, 408 residential spaces, and 19 Allow a reduction in parking " surplus" guest parking spaces. The requirements on a project- by- project amount of parking provided onsite will basis to achieve high- quality design, minimize parking impacts within the increase housing affordability, and surrounding areas.
promote walking, bicycling, and
transit use while working to minimize
potential negative impacts on
adjacent properties.

Goal LU- 14:

Activate Thousand Oaks
Boulevard as a walkable, mixed-
use area with housing, retail,
restaurants, office, and services.

Policy 14. 1 Revitalize the
Boulevard - Support efforts to
revitalize Thousand Oaks Boulevard
as the main mixed- use boulevard in
the City with a diverse mix of multi-
family housing types, including
multiplexes, courtyard housing and
related commercial and retail uses.

Encourage mixed- use development
of various housing types, including
townhouses, multiplexes, courtyard
housing and related commercial that
is oriented towards Thousand Oaks
The project consists of the construction of
two mixed- use buildings and one multi-
family residential building with 328
residential units, 8, 500 gross square feet
of commercial retail and restaurant
space, and retail plaza. The project
provides 44 affordable units across the
three proposed buildings and the
affordable units consist of a variety of unit
sizes for low- income family housing. The
project site is located at the southeast
corner of Thousand Oaks Boulevard and
Lombard Street and is surrounded by
several commercial centers offering
Policy 14. 8 Mix of uses on dining, retail, grocery, professional, and Thousand Oaks Boulevard - recreation uses. As previously mentioned, the project includes 54, 763
square feet of quasi- public open space
that consist of one park and retail plaza
along the frontage, a pocket park, and
dog park. The developer worked with the
Conejo Recreation and Park District
CRPD) to facilitate public access to the
park.

Boulevard and interior streets.

Policy 14. 10 Parks, Open Space
Areas, and Community Gathering
Spaces - Work with CRPD to
pursue opportunities to provide
parks and other open space areas in
closer proximity to planned housing
and mixed- use projects.

Goal N- 1: The project consists of the construction of
two mixed- use buildincs and one multi-
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General Plan Policies Consistency Analysis
Promote a pattern of land uses
that is compatible with current
and future noise levels.

Policy 1. 2 Noise- reducing design
features - In corporate d esign
fe atu res into land use p ro jects that
can b e u sed to shie ld residents fr om
n o ise e xcee ding the nor m a lly
a cceptab le rang es inc luded in T ab le

11. 2 . D esign features m ay include ,
b u t a re no t lim ited to b e rm s , w alls,
a nd so und a tt enuating build ing
con fig uratio n , a rchitectural des ign,
a nd constru ctio n m ethod and
m aterials .

Policy 1. 3 Mixed- use
developments - R equire d e sig n
a nd co nstructio n o f m ixed- use
d evelo pm e nts to a c hieve no ise
levels in the cond itio nally acceptab le
range or low er p er Tab le 11. 2 fo r
ou tdoo r rec reatio n a reas asso ciated
w ith reside ntia l com po ne nts and to
a c hieve interio r no ise leve ls in
reside nces o f 45 C N E L or low er,
co n siste n t w ith T itle 2 4 interior no ise
standards.

Goal N- 2:

Minimize adverse noise im pacts
associated with transportation.

Policy 2. 2 Noise sensitive
receptors and ro adway noise -
P ro te ct sensitiv e receptors fr om
fr e ew ay a nd ro adw ay no ise thro ug h
m inim iz atio n techniq ues , inc lud ing
b uilding co nfi g uratio n and desig n ,
so und w alls , traff ic calm ing, traff ic
d iv ersio n, or rub be riz ed aspha lt.
fam ily reside ntial building and ex isting
surro unding develo pm e nt incl ude
co m m ercial uses to the east, w est and
n o rth. T he pro posed P ro je ct w o uld
incl ude three building s co ntaining 328
m u lti- fa m ily units, appro xim a tely 8, 5 00
squa re feet of retail com m e rcial space,
and liv e- w ork areas . T he project w ould
intro d uce an increase in ve hic le trips to
and fr om the pro ject site w hich w o uld
inc rease ro adw ay no ise . T he project
w o uld also inc lude reside ntia l units near
U S 10 1 w hich m ay be ge ne rally
considered a fr eew ay- no ise - incom p atib le
la nd use . T he existing am b ie nt no ise
lev els on the pro je ct site range fr om 58 . 9
to 68 . 5 dB C N E L at five m e asurem e nt
lo catio ns . T he pro je ct is required to
inc or po rate into the building de sign
vario us constructio n features w hich
red uce interio r no ise leve ls to 45 dB A
C N E L. Furthe r, the buildings and ex isting
and planned la ndscap ing w ould se rve to
a tte nuate freew ay no ise in m a ny of the
ope n space areas and w alkw ays of the
site .

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P ag e 12 R es . N o . 06- 2024 P C
G en eral Plan Po licies Consistency A nalysis
Housin g Elem en t
HE G o al 1: Pro vide a w id e rang e T he pro posed developm ent w ould of hou sing op port un ities fo r pro vide housing opportunities, especially perso n s of all inco m e levels. fo r entry- level pro fessionals such as teachers.
2 . Th e projec t com p lies w ith all a pp licable law s, reg ulations and p olicies, including the Thousand O aks M unicip al C od e ( T O M C S ection 9- 4. 2 8031( 2)).

The project is consistent w ith all applicable law s, re gulations, and policies, including the G eneral Plan, T housand O aks M unicipal Code, SP- 20, Precise Plan of Design G uidelines ( R es. No. 2023- 061 ), and Architectural Design G uidelines fo r Com m ercial Pro jects ( R es. No. 2005- 011 ), w ith the application of the Density Bonus parking ratios and Density Bonus Concessions and approval of O bjective Design Standards M odifications. The pro posed pro ject is being developed at the m axim um density allow able w ith 44 affordable low er- incom e units w hile incorporating a design that is com patible w ith the developm ent potential of surro unding pro perties w ithin S P- 20. Further, the pro posed buildings, as designed, incorporate ro ofline variation, building articulation, vertical and horizontal elem ents, and decorative m aterial finishes and colors.

The pro ject also com plies w ith the requirem ents of the lnclusionary Housing O rdinance by pro viding 44 affo rdable low er- incom e units, 24% of the pro ject, w hich far exceeds the requirem ents of the City' s lnclusionary Housing Ordinance.

The Applicant is requesting Concessions and W aivers that are consistent w ith State Density Bonus law to facilitate the construction of a m ixed- use developm ent that includes 24% of the residential units as affordable in the low er- incom e category, w hich equates to 44 affo rdable low er- incom e units. Additionally, the law allow s the pro posed pro ject to be built w ithout pro viding guest parking. The pro ject utilizes the Density Bonus Law parking ratios ( G overn m ent Code Section 65915( p )), w hich require one ( 1) parking space per 1- bedro om unit and one and a half ( 1. 5) parking spaces fo r a 2- bedro om unit. As such, 408 parking spaces are required, and a total of 427 parking spaces are pro vided w hich consist of 408 residential parking spaces and 19 guest parking spaces, fa r exceeding the requirem ents under State law .

The fo llow ing three ( 3) Density Bonus Concessions and fo ur ( 4) Density Bonus W aivers are appro ved as these Concessions/ W aivers result in identifiable and actual cost reductions to provide fo r affo rdable housing costs or rents and the strict application of the developm ent standards could physically preclude the construction of the units needed to m eet the required density under the G eneral Plan:

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C o nc e ss io ns

1. A llow a n increase in the n um ber of allow ab le storie s fo r a build ing , fr om 3 stories a s specifi ed b y T ho usand O aks B o ule vard S pecific P lan N o . 2 0 ( S P - 20 ) u p to 5 stories.

T he C o nc essio n to inc rease the m ax im um num b er of stories av oids dec reasing th e n um ber o f reside ntial units pro posed . T he 4th and 5th floo r build ing com ponents a llow fo r a dd itio nal u nits to be pro v ide d vertic ally bec ause there is an ex isting flo od p lain located w ithin the n o rthw estern p o rtio n of the site w hich restricts the build ings fr om p otentially e xpand ing ho riz ontally w ithin a significant portio n of the site .

A lth o u gh p ro posed B uilding A e xceeds the m axim um allow able fro nt yard setback, a ll p ro posed b uildings com p ly w ith the side and rear yard setbac ks. A dditio na lly , the p ro posed p ro ject has bee n desig ned to incl ude a stagge red building facade d e sign w ith inc rease d third, fo urth, and fifth flo or setbac ks , furt her red uci ng the vis ual im pa cts fro m p ublic view and p ro vid ing visual interest fro m surro und ing p ro perties . T he p ro posed build ing s fr onting T ho usand O aks B o ulevard ( B uildings A a nd B ) have b ee n designed to com p ly w ith S P - 20 deve lo pm e nt standa rds requ iring a 10 - fo ot third- floo r setback fr om the build ing s' first floo r. Furtherm o re, the p ro pose d 4th and sth floor ele m e nts inc lude increased building setbac ks fro m th e first floo r, fu rthe r reduc ing the size , m ass, and scale of the pro posed buildings.

T he m ax im um b uilding he ig hts range fr om 47 to 62 feet w ith an av erag e build ing h e ight o f 45 feet. T he a verage he ig ht pro pose d is less than the m ax im um allow able a v e ra ge 5 0- fo ot he ig ht p ursua nt to S P - 20 .

T he p ro po sed p ro ject incorpor ates desig n ele m e nts that reduc e visua l im pacts fr om 10 1 Freew a y and is consistent w ith the F reew ay C orrido r G uide lines. T he p ro ject h as b ee n d e sig ned to b e sensitive to the existing to pograp hy and pro xim ity to th e fr ee w ay lo cated im m ediately so uth of the subje ct site . D esig n cons ide ratio ns inc lude scree ning o f ro of- m o unted m echan ic al equip m e nt w hic h is integrated into the b uild ing ' s o verall d esig n, build ing ro of line variatio n, and ho riz o ntal and ve rtical b uilding a rticulatio n. T he p ro posed building s pro vide increased third, fo urth, and fifth floo r b uilding setbacks fr om the rear pro pe rty line , avo iding a lo ng , bla nk fa c ade p a ralle l to the 10 1 Freew ay and the refo re, reduce visual im pacts.

A dd itio nally , e xisting m ature la ndscap ing ex ists alo ng the south pro perty line w hich w ill p artially scree n the p ro posed buildings . A rchitecturally , the pro posed build ing d e sign , m a terials, a nd la ndscaping com p le m e nt existing uses as the ea rth tone co lo r pa lett e m im ic the colors used in the adjacent com m e rcial de velo pm e nts.

2. B uild ing W ind ow s D etails - D ecrease the m inim um w indo w de pth to tw o 2 ) inc he s fr om glass to w all edg e instead of three ( 3) inc he s and incorporate viny l w indow fr am es instead of alum inum , fiberglass, w ood , or m anufa ctured w ood, as othe rw ise required by T O M C S e ctio n 9- 4 .2 20 5( h)( 1 )( ii) a nd ( h )( 3)( i).

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P ag e 14 R es . N o . 06- 2024 P C
The Concession to decrease the minimum window depth avoids financial hardship.

Two of the three proposed buildings ( Buildings A and B) are located along Thousand Oaks Boulevard. The north elevation of Building B incorporates inset windows on all four stories including recessed windows on the second floor. The west elevation of Building B incorporates inset windows on the second floor and third floors. The north, east, and south elevation of Building A incorporates inset windows on all four stories including recessed windows on the first and second floor of the north and west elevations. Building C, which is sited behind and to the south of Building A incorporates inset windows on all four stories. Flushed windows are primarily provided along the east south, and southwest elevations of Building B and the south and east elevation of Building C. It should be noted that these buildings elevations are least visible from the Thousand oaks Boulevard or Lombard Street. The intent of this standard is to avoid a monotonous facade as visible along the public right- of- way. Design features incorporated into the general building design include varying facade elements such as balconies, trellis, canopies, overhangs, roof line variation, vertical and horizontal variation, and roof top terraces resulting in a visually interesting and attractive design.

3. Decrease the minimum required 50% retail area required for any building with greater than 100 feet of frontage along Thousand Oaks Boulevard to 18% retail area, as specified by SP- 20.

The Concession to decrease the minimum required retail area frontage within Building A avoids decreasing the number of residential units while activating the building frontage. The proposed project includes 8 residential units on the ground floor fronting Thousand Oaks Boulevard, and of those units 3 are live/ work units.

The live/ work units are located within the eastern portion of Building A and are located immediately adjacent to 1, 500 s. f. commercial area. The live/ work units are designed to accommodate low- intensity workspace and operations, such as professional offices, which are compatible to the proposed mixed- use development. The live/ work units activate the frontage at the ground level because the " work" portion of these units is normally on the first floor, with the living area above. Thus, the live/ work units are designed to meet the intent of the SP- 20 standards because the live/ work units are compatible with the adjacent commercial and mixed uses of the proposed development and the first- floor workspace will activate Building A frontage.

Additionally, due to the existence of the flood plain and limitations of development within this area, the proposed project includes an approximate 100- foot front yard building setback from Thousand Oaks Boulevard, which includes public open space. The purpose of the 50% retail area is to activate the frontage along Thousand Oaks Boulevard with structures that are setback a maximum of 15 feet, such as Building B to the east of Building A. The live/ work units have been positioned in a manner that improves the site design and layout because the units are located immediately south of the expansive public open space area, serving CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
Pag e 15 Res. No. 06- 2024 PC
as a transition betw een the public and sem i- public space to the m ixed- use buildings and m ulti- fam ily residential building to the rear of the site.

W aivers

1. Increase in the front yard building setback for m ixed- use Building A from the m axim um allow able 15 feet to 98. 5 feet, as specified by SP- 20.

As previously m entioned, the SP 20 developm ent standards for building setbacks are intended to pro vide buildings along Thousand Oaks Boulevard that prom ote and activate the street frontage. The increased building setback is necessary due to an existing flood zone located w ithin the northw est portion of the site. The pro posed Concession allow s the pro ject to pro vide an adequate building setback outside of the flood zone w hile avoiding a reduced num ber of units on the project.

Requiring the m axim um allow able 15- fo ot building setback w ith the construction of a building w ithin the flood zone w ould require costs that are not practical and developm ent that is not feasible, and thus result in few er residential units. An increased building setback has been achieved w hile also pro viding public open space and landscaping along Thousand Oaks Boulevard. Additionally, the increased building setback serves as a transition from the public and semi- public realm to the proposed m ixed- use developm ent. The increased building setback is only applicable to one of the tw o buildings fronting Thousand Oaks Boulevard.

Pro posed Building B, located at the northeastern and eastern portions of the site, com plies w ith the m axim um allow able front yard building setback because the building is not located w ithin the flood plain.

2. Building Types and Design - Incre ase the stacked dw elling type and m ixed- use building type interior corridor length to 150 feet instead of 100 feet as otherw ise required by TO M C Section 9- 4. 2205( e)( 8)( iv) and e)( 9)( vi).

The pro ject incl udes single- and double- loaded corridors that exceed 100 feet in length. To m eet this standard, the pro posed buildings w ould need to be bro ken up into sm aller buildings w ith different building typologies. This w ould require a site layout redesign and dw elling units w ould be lost to accom modate substantially shorter corridor s. The proposed pro ject does not pro pose any interior corridor longer than 150 feet w ithout a bend, break, or pause.

3. Courtyards - Courtyards w ithin podium building types shall be located no m ore than one story above street level as otherw ise required by TO M C Section 9- 4. 2205( e)( 8)( vi).

The pro ject includes three courtyards on the 3rd floor of Budlings B and C instead of the one story above the street ( 2nd floor). The intent of the courtyard is to create a sem i- public gathering space fo r residents that is open to the sky and has access to light and ventilation. Building C is a podium style building situated w ithin the CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

southern port ion of the pro perty w here the grade elevation is below the Thousand O aks Boulevard grade. Due to the podium building design, topography, and sem i- subterranean parking structures the courtyards w ithin can only be accom modated on the third ( 3rd) floor. Although the courtyard in Building C is located on the a= floor, it does pro vide direct access to the intern al access ro ad below .

4. Building Access - All gro und floor residential units w ithin a stacked dw elling building type are required to pro vide a m ain entrance to each residential unit directly from the street as otherw ise required by TO MC Section 9- 4. 2205( e)( 8)( ii).

This pro ject' s Stacked Dw elling building ( Building C) has com mon access thro ugh a com m on lobby directly accessible from the street w ith interior circulation pro vided by single- or double- loaded corridors. Building C includes 19 ground floor units w ith 14 residential entries pro viding direct access from the intern al street. All of the residential units and the com m on areas are accessed by encl osed pedestrian corridors, stairw ays, and elevators. A m ain entrance to each dw elling directly from and facing the intern al street has been pro vided, except fo r 5 units not facing a street but rather an ascending slope at the rear of the site. Five units along the w estern elevation of Building C pro vide direct gro und floor access, how ever, it should be noted that those five units front a pro posed pocket park immediately adjacent to the w est. To m eet the standard fo r the units along the southern portion of Building C the pro posed pro ject w ould require additional grading into an existing m anufactured slope at the rear of the pro perty and potentially require encro achm ent into an existing Southern Califo rn ia Edison and Caltrans easement.

This w ould be a financial hardship and the natural setting of the site w ould change the existing character of the area.

3. The project will not be detrim ental to the public health, safety or general welfare ( T O M C Section 9- 4. 2803( c)( 3)).

T he pro ject w ill not be detrim ental to public health, safety, or general welfa re because the pro ject has been review ed and approved by the Com munity Developm ent Departm ent, Public W or ks Departm ent, Police Departm ent, and the Ventura County Fire Departm ent ( V C FD ). W ith the incorporation of the conditions set fo rth by these departm ent and agencies, the pro ject w ill not be detrim ental to public health, safety, or general w elfa re as the granting of this perm it:
a. W ill m aintain the degree of com patibility of pro perty uses that the Zoning O rdinance is intended to pro m ote and preserve, considering the particular site, and uses on parcels w ithin the zone in w hich the use is located; and, b. W ill not result in a use w hich m ay reasonably be expected to becom e obnoxious, dangero us, offensive or injurious to the public health, safety or w elfare, by reason of the em ission of noise, sm oke, dust, fumes, vibrations, odor or harm ful or annoying substances: and,
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c. W ill pre serve the integrity and character of the zone in w hich the use w ill be located and the utility and the value of pro perty in the zone and in adjacent zones; and,
d. W ill not becom e detrim ental to the public interest, health, safety, convenience or general w elfa re.

As dem onstrated in the Addendum to EIR No. 327 ( C EQ A 2023- 70004 ), the pro ject w ill not unreasonably interf ere w ith the use and enjoym ent of neighboring, existing, or future developm ents. Specifically, the pro ject w ould not create traffic or pedestrian hazards because the pro ject w ould utilize a netw ork of ro ads and sidew alks that w ere designed to accom m odate the vehicle and pedestrian traffic genera ted by this developm ent and the existing surro unding developm ent incl uding the com m ercial uses to the east, west, and north. The m ixed- use pro ject' s operational noise is anticipated to be sim ilar to and com patible w ith the nearby com m ercial and residential developm ents. W ith the M itigation M easures required by Addendum to EIR No. 327 ( C EQA 2023- 70004) and conditions of appro val, construction noise w ill be reduced so the im pact is less than significant. T herefo re, the project w ill not be detrim ental to the public health, safety, or general w elfare.

4. The project has been review ed in conform ance with the pro visions of the Californ ia Enviro nm ental Q uality Act ( TO M C S ection 9- 4. 2803( c)( 4)).

The pro posed Developm ent Perm it has been review ed fo r confo rm ance w ith the pro visions of the Califo rn ia Enviro nm ental Q uality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to consider the Addendum to EIR No. 327 that w as prepared fo r the pro ject. The Addendum to EIR No. 327 identifies that with the inclusion of the existing m itigation m easures contained in EIR No. 327, the project w ill not result in new significant im pacts nor substantially increase the severity of previously disclosed im pacts beyond those already identified in EIR No. 327. Further, project design features and conditions of appro val have been applied to the pro ject to ensure that applicable m itigation m easures pro vided in EIR No. 327 are im plem ented and reduce potentially significant enviro nm ental im pacts to a less than significant level.

T herefo re, the pro posed Pro ject, w ill not result in any new significant enviro nm ental effect( s) and the Pro ject does not require an EIR .

SEC TIO N 4
W H E R EA S, the findings of the Planning Com m ission supporting appro val of said M odifications from TO M C Section 9- 4. 2202 O bjective Design Standards" as set fo rth in TO M C Section 9- 4. 2202 are as fo llow s:

1. The M odification, while not consistent with a specific pro vision of this Code, is justified by its intent or by design hardship and allow s reasonable and confo rm ing use that is consistent with the G eneral Plan goals and policies and underlying zoning district.

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P ag e 18 Res. No. 06- 2024 PC
T he pro posed building' s ( Building B) length is appro xim ately 369 feet deep, w hich is greater than the m axim um allow able building length of 200 feet. Requiring the building to be redesigned and split into tw o bu ildinqs, less than 200 feet in length, w ould prevent the pro ject from meeting the allow able density and reduce the num ber of affordable units. Developm ent w ithin the northeastern portion of the site is lim ited due to an existing floodplain, w hich restricts developm ent w ithin a significant portion of the site, thus resulting in a design hardship due to the existing site characteristics. Additionally, construction w ithin the floodplain w ould be a financial hardship and the natural setting of the site w ould change because the floodplain supports tw o m ature oak trees.

Consequently, the Planning Com m ission finds the M odifications can be granted as pro posed due to site constraints and design hardship. The pro posed Modifications do not change the overall scale or character of the building and result in developm ent consistent w ith the scale and character of existing and allow able developm ent in the vicinity, are not detrim ental to or that w ould not adversely im pact, and pro vide the proposed affordable housing units. Granting the m odifications w ould result in a pro ject that is com patible w ith the existing neighborhood and future developm ent potential w ithin SP- 20 w hile pro viding a better layout and design. The pro posed pro ject pro vides a density of 30 units per acre, m axim izing the 30- unit per acre allow ed by the G eneral Plan Land Use designation, therefo re, supporting pro duction of long- term affordable housing w ithin the City.

2. The M odification would result in developm ent consistent with the scale and character of existing and allow able development in the vicinity under the sam e zoning.

As previously m entioned, the proposed Building B exceeds the m axim um allow able building length of 200 feet. The intent of this standard is to avoid a m onotonous facade as visible along the public right- of- w ay. Building B consists of a 283, 372 s. f., 5- story, 57. 55 fo ot tall building located w ithin the northeastern portion of the site and fronting Thousand O aks Boulevard. The long side ( east and w est elevations) of the pro posed building w ill be seen fro m the term inus of East Thousand O aks Boulevard at Hodencam p Road along the north property line and Lom bard Street along the west property line. Although the long side of the building extends appro xim ately 369 feet south from Thousand O aks Boulevard, the building has been designed to add a m assing break at the building m idpoint by incorporating a courtyard along the w estern elevation. The building m idpoint is appro xim ately 215 feet south of the north building facade. The courtyard is accessible from the ground level, m easures 30 feet in w idth, and extends the full height of the building. Furtherm or e, the proposed building includes architectural enhancem ents and incorporates stro ng horizontal elem ents and pedestrian- scaled geom etric fo rm s w hich further reduce the m ass and scale of the structure and is consistent w ith the intent of this standard. The scale of the pro posed pro ject is CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

com patible w ith the developm ent potential of the pro perties to the northeast across Thousand O aks Boulevard and east of the site. These properties are in SP- 20 w hich could be redeveloped w ith buildings w ith a m inimum height of tw enty ( 20) feet and a m axim um average height of fifty ( 50) feet.

For the reasons described above and in the staff report to the Planning Com m ission dated April 22, 2024, the design of the new m ixed- use development com plies w ith the intent of all applicable law s, regulations, and policies, including the City' s G uidelines fo r developm ent w ithin the corridors of Route 101 and O bjective Design Standards fo r Residential Developm ent. The pro posed mixed- use developm ent is com patible w ith the surro unding land uses in the vicinity because it is located w ithin an urbanized setting w ith established infrastructure and existing nearby com parable uses. The pro ject incorporates design elements such as color palettes and m aterial choices that are complem entary to surro unding developm ent w hile pro viding a modern design aesthetic. Although the new developm ent is designed to be taller than the surro unding developm ent various design features have been im plem ented into the site layout and building design to reduce im pacts to surro unding pro perties. The northw estern portion of the site provides an expansive public open space area creating a physical buffer betw een the new structures and Thousand O aks Boulevard. The open space together w ith the retail plaza and activated frontages along Thousand Oaks Boulevard pro vide a transition from surrounding pro perties and com mercial uses to the pro posed m ixed- use developm ent. Pro posed Building B, fro nting Thousand Oaks Boulevard, pro vides a third story elem ent that is setback 20 feet, fo urth story elem ent that is setback 32 feet, and the fifth story elem ent that is setback 215 feet. The architectural design differentiates betw een the first and upper floors using m aterial changes, increased upper floor setbacks, and ground- floor patios to further reduce the m assing from the gro und level.

T herefo re, the pro posed M odifications w ould result in development consistent w ith the scale and chara cter of existing and allow able developm ent in the vici nity under the sam e zoning and land use designations, and the Modification w ould not result in developm ent that is detrim ental to or that would adversely impact adjacent pro perties as adjacent pro perties w ould still receive adequate light and air, public utilities w ould serve existing and pro posed developm ent, and the pro posed building w ould be constructed to the current Building and Fire Code requirem ents.

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

T he M odification w ould result in developm ent that is not detrimental to or that would not adversely im pact adjacent pro perties. W hile the pro ject as designed does not com ply w ith the Building M ass, Articulation and Access requirem ents, the pro ject m eets all other Objective Design Standards requirem ents. These M odifications do not change the overall size, m ass, and scale or character of the building and result in developm ent consistent w ith and com patible to the character CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
Pag e 20 Res. No. 06- 2024 PC
of existing and allowable development in the vicinity under the same zoning.

Additionally, the project has also been reviewed by other City departments and agencies for conformance with applicable laws, regulations, and policies, and provided appropriate conditions of approval. Therefore, the Modifications would not result in development that is detrimental to or that would adversely impact adjacent properties as adjacent properties.

SECTION 5
WHEREAS, the findings of the Planning Commission supporting approval of said PTP 2023- 70067, as stated in ( TOMC Section 9- 4. 4206( b)) as follows:

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

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

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

The proposed scope of work does not include the removal or cutting of trees exclusively to remove a condition hazardous to existing development. However, one ( 1) of the protected trees proposed to be removed is noted to be in poor condition, as stated in the Oak Tree Report dated January 2024.

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.

Encroachment and Pruning of 9 of the 34 protected Coast Live Oak ( Quercus agrifolia), Valley Oak ( Quercus lobata), and Holly Oak ( Quercus ilex) trees onsite is necessary to maintain proper clearance over proposed sidewalks, outdoor patios, driveways, and open space. A City Tree Consultant inspected the subject trees and determined that the proposed encroachment will not be detrimental to the health of the subject oak trees. Appropriate project conditions are in place to safeguard the oak trees, including the installation of fencing around the protected zones and on- site monitoring by the applicant' s consultant during all encroachment and pruning operations.

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T he rem oval of 17 Coast Live Oak ( Q uercus agrifo lia) trees and five ( 5) Valley Oak Q uercus lobata) trees is necessary to accom m odate the pro posed im pro vem ents and grading activities associated w ith the construction of the new m ixed- use developm ent, including adequate vehicular and pedestrian circulation and parking fa cilities. Existing pro tected trees located along the northw estern portion of the site and near the public right- of- w ay were prioritized fo r preservation. Additionally, preserving pro tected trees is a priority of the City Council w hen designing projects involving new construction ..

4. Appro val of the request is not contrary to or in confli ct with the general purpose and intent of this chapter.

Appro val is consistent w ith the intent of the O ak Tree Preservation and Pro tection O rdinance since the pro posed rem oval of 22 pro tected oak trees w ill be mitigated in accordance w ith standards adopted by the O ak Tree Preservation and Pro tection G uidelines Resolution 2010- 14.

The pro posed tree replacem ent pro gram w ould plant three ( 3) trees fo r each pro tected tree rem oved, consisting of tw o 24- inch boxes and one 36- inch box tree in com pliance w ith the City' s Oak Tree Preservation and Pro tection Guidelines.

The total num ber of replacem ent oaks required w ould be fo rty 24- inch box trees, tw enty 36- inch box trees, and fo ur 60- inch box trees. The applicant w ill either need to subm it a Replacem ent Tree Plan w hich com plies w ith Resolution 2010- 014, pro pose the planting of the trees at an off- site location for public benefit, subject to Com m unity Developm ent Director appro val, or provide an in- lieu cash paym ent to the City' s Open Space Conservation Fund used tow ard acquisition of open space, as prescribed by Resolution 2010- 014. The applicant is pro posing to plant six m itigation oak trees on the developm ent site and, due to site constraints and Fire Prevention District lim itations on landscaping, w ill pay an in- lieu for the balance of the m itigation trees.

W ith the inclusion of the recom m ended conditions, appro val of this request w ill not be contrary to, or conflict w ith, the general purpose and intent of the Oak Tree O rdinance ( C hapter 42 of Title 9 of the M unicipal Code) and Oak Tree Preservation and Pro tection G uidelines, Resolution 2010- 14.

In addition, the pro ject is consistent with the Thousand Oaks General Plan, incl uding the Conserv ation Elem ent, in that conditions have been applied to m inim ize im pacts from encro achm ent w ithin the protected zone of six ( 6) Coast Live O ak trees, tw o ( 2) Valley O ak trees, and one ( 1) Holly Oak ( Q uercus ilex) tree. W ith the inclusion of conditions, the pro posed encro achm ent w ithin the tree' s pro tected zone is not likely to result in a decline in the health of the trees.

5. The project has been review ed in conform ance with the pro visions of the Californ ia Enviro nm ental Q uality Act.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

The Protected Tree Permit request has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to consider Addendum to EIR No. 327 that was prepared for the project. The Addendum to EIR No. 327 identifies that with the inclusion of mitigation measures contained in EIR No. 327, the project will not result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in EIR No. 327. Further, project design features and conditions of approval have been applied to the project to ensure that applicable mitigation measures provided in EIR No. 327 are implemented and reduce potentially significant environmental impacts to a less than significant level. Therefore, the proposed Project, will not result in any new significant environmental effect( s) and the Project does not require an EIR.

SECTION 6
WHEREAS, local governments are authorized by the Government Code Section 65864 et seq., to enter into development agreements with any person having legal and equitable interest in real property for the development of that property; and
WHEREAS, the Applicant and City have negotiated the terms of the Development Agreement (" Agreement"); and
WHEREAS, the Planning Commission has reviewed the terms of the Agreement, has conducted a public hearing on April 22, 2024, and believes that it will be in the best interest of the City, and the best interest of the public, considered the recommendation of the Planning Commission, and considered all public testimony; and
WHEREAS, the findings of the Planning Commission supporting approval of said DAGR 2023- 70001_ through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

As determined and recommended by the Planning Commission pursuant to TOMC Sec. 9- 11. 09 the development agreement:

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

Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and SP- 20, as described in the findings made above.

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2. Is com p atible w ith the uses authorized in, and the reg ulations prescribe d for, the land use district in w hich the real p ro pert y is located ; The Developm ent Agreem ent is com patible w ith the uses authorized in, and the regulations prescribed fo r, the land use district in w hich the real pro perty is located, as described in the findings m ade above.

3. Is in conform ity w ith public convenience, gene ral w elfare and good land use practice;
The Developm ent Agreem ent is in confo rm ity w ith public convenience, genera l w elfa re, and good land use practice, as described in the findings m ade above.

4. Will [ no t} be detrim en tal to the health, safety and general w elfare; and Appro val w ill not be detrim ental to the health, safety and general welfare, as described in the findings m ade above.
5 . Will [ not] ad versely affect the orderly
or the preserv ation of pro p erty values.
develop m ent of pro perty
Appro val w ill not adversely affect the orderly development of property or the preservation of pro perty values as the pro ject w ill replace a vacant site w ith a new m ixed- use developm ent w hich w ill bring am enities to other surro unding residential and com m ercial uses.
6 . In ad dition, the C ity C ouncil find s that none of the cond itions described in C aliforn ia C od e of R eg ulations, Ti tle 14 , C hap ter 3, S ection 15 16 2 are p resen t, including the fo llow ing :
a. Appro val of the Agreem ent does not pro pose substantial changes w hich w ill require m ajor revisions to the Addendum to EIR No. 327 due to the involvem ent of new significant effects or a substantial increase in the severity of previously identified significant effects; and b. Appro val of the Agreem ent does not create substantial changes w ith respect to the circum stances under w hich the pro ject is being undertaken w hich w ould require m ajor revisions to the Addendum to EIR No. 327; and c. Appro val of the Agreem ent does not reveal new info rm ation of substantial im portance, w hich w as not know n and could not have been know n w ith the exercise of reasonable diligence at the tim e the Addendum to EIR No. 327 w as considered.

NO W , T HER EF O R E, BE IT RESO LVED that based on substantial evidence contained w ithin the record, the analysis in the staff report, the Findings of Fact above, and, having considered the Addendum to EIR No. 327, the Planning Com m ission re com m ends that City Council approve SU P 2023- 70011; DAG R CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 24 Res. No. 06- 2024 PC
20 2 3- 70 0 0 1 ; and PT P 20 2 3 - 7 0 0 6 7 , su b je ct to co nfo rm a n ce w ith th e co n d itio n s se t fo rth an d att ache d he reto an d m a d e a pa rt he re o f as w e ll as re co m m e n d s to C ity C o un cil co nsid e r EIR A d d e n d u m ( C E Q A ) 20 2 3 - 7 0 0 0 4 pre p a re d fo r th e pro je ct.

Except as othe rw ise exp ressly in d ica te d , sa id co nd itio n s sh a ll be fully pe rfo rm e d and com p le te d , or at the C ity' s discre tio n , sh a ll be se cu re d by ba n k or ca sh de p o sit or othe r se curity satisfactory to the C ity A tto rn e y befo re th e use or occu p a n cy of the pro p erty is co m m e nce d an d be fo re a C e rtifica te of O ccu p a n cy is issu e d . T he vio latio n of any of the co n d itio n s of sa id pe rm it sh a ll be gro u n d s fo r re vo ca tio n by the Plan n ing C o m m issio n or C ity C o u n cil.

I H E R E B Y C E R T IF Y th a t the fo re g o in g reso lu tio n re fle cts actio n ta ke n by the Pla n n ing C o m m issio n of th e C ity of Tho u sa n d O a ks at a re g u la r m e e ting he ld on the 22 nd day of April 2024, by the following vote:

AYES: Commissioners Tyler Ketelhut, McMahon, Link, and
Chair Lanson
NOES: None
ABSENT: None
ABSTAIN: Commissioner Far Is
Fabiola Zelaya M 11 her, ~ roetary
Planning Commission
CUU. 420- 821cc1I I COMMOl\ i/ Plan11111q Coturuissrorv/ vqcnda Packcl/ 202• 1/202• 1-0, 1-22107/\ 500 E TO BLVD SUP 23- 700 11 Slaff Repo, t/ pt ( FILE 1n SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P PR O V A L FO R ; D A G R 20 2 3 - 70 0 0 1; SU P 20 2 3 - 70011; and PT P 2023- 70067

CO M M U N IT Y DEV ELO PM ENT DEPA RTM ENT -

GEN ERA L PR O JECT CO N DI TIO N S

ST A N D A R D

1. Land and A pplication - The Developm ent Agreem ent; Special Use Perm it; and Pro tected Tree Perm it; are adopted, gra nted, or accepted for the land described in the application, any attachm ent thereto, and as shown on the subm itted " Project Plan Set," dated February 15, 2024.

2. Scope of Perm it A pproval - This perm it is for a Developm ent Agreem ent specifying developm ent perform ance; and a Special Use Perm it; along with a Protected Tree Perm it, to allow the construction of 328 residential units distributed acro ss one, five- story, podium style mixed- use building, one fo ur- story m ixed- use building, and one, five- story m ulti- fam ily residential building, including pocket parks, a dog park, plazas, seating areas, and other am enities as w ell as the rem oval of 17 Coast Live Oak ( Que re us agrifolia) trees and five ( 5) Valley Oak ( Quercus lobata) trees and encro achm ent into the pro tected zone of six ( 6) Coast Live Oak trees, two 2) Valley Oak trees and one ( 1) Holly Oak ( Q uercus ilex) tree at 500 East Thousand O aks Boulevard, as show n on pro ject plans labeled " Project Plan Set" dated February 15, 2024, and the Oak Tree Report dated January 2024 unless conditioned otherw ise herein.

3. A ppro val Period- The above referenced perm its are granted for the period set fo rth in DAGR 2023- 70001.

4. Com pliance with A pplicable Laws, Rules, and Regulations - The applicant shall at all tim es com ply w ith any and all local, city, county, state and federal law s, regulations and orders now in effect or which m ay hereafter be enacted pertaining to the approved m odification or affecting the installation, operation or m aintenance of the mixed- use development.

5. Regulatory A gency A pproval - The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release, Certificate of O ccupancy, or as otherw ise required by the City' s Building and Safety Division. Copies of all required licenses shall be subm itted to the Com munity Development Departm ent.

6. Paym ent of Fees - Approval is subject to the applicant paying all fees and assessm ents to the City of Thousand Oaks, School District, Conejo Recreation and Parks District, Ventura County Fire Prevention District, and any other agency requiring fees related to the subject development as required by the Municipal Code and established by City Council, except as CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 7 0 0 01; S U P 20 2 3 - 7 0 0 11 ; an d PT P 202 3- 700 6 7 otherw ise m odified by, and in accordance w ith the Pro ject conditions of appro val or the Developm ent Agreem ent DAG R 2023- 70001.

7. Im p act Fees fo r A ffo rdable Housing Units - Per Califo rn ia Govern m ent Code S ection 65915 and Section 65915. 1, affordable housing impact fees, incl uding incl usionary zoning fees and in- lieu fees, shall not be im posed on a housing developm ent' s affordable units.

8. Dedicatio ns/ R eserv ations and Public Im provem ents - W ith respect to dedications, reservations, construction of public im pro vem ents and fees as required by the pro ject developm ent conditions, the applicant is advised, pursuant to G overn m ent Code Section 66020, that the ninety ( 90) day pro test period has com m enced upon appro val of the pro posed im pro vem ent by the City.

9. Co ndition Com pliance - All developm ent on the subject pro perty shall be constructed and thereafter maintained in accordance w ith the conditions of this perm it.

10. Pro ject Changes/ M odifications - Changes to the pro ject are subject to the requirem ents described in DA G R 2023- 70001. M inor changes to SU P 2023- 70011 or PTP 2023- 70067 m ay be appro ved by the Com m unity Developm ent Departm ent, provided such changes achieve substantially the sam e results and the pro ject is still in com pliance w ith the Municipal Code.

Revised plans reflecting the m inor changes and additional fees shall be required.

11. A ckno w led g m ent - The applicant acknow ledges that all aspects of this pro ject are of special concern to and regulated by the City of Thousand O aks, w hich has established specific criteria and standards concern ing developm ent w ithin the City. Any change, m odification, or alteration to im pro vem ents on the subject pro perty shall first be appro ved by the City of Thousand O aks. Any unauthorized changes m ay require future corrective w ork and m ay result in a City Code com pliance effo rt.

12. Unauthorized Changes - The applicant acknow ledges that the exterior treatm ent, location of structures and architectural features of the developm ent are of special concern to, and regulated by, the City of Thousand O aks, w hich has established criteria and standards concern ing developm ent w ithin the City. Any substantial change, m odification, or alteration to the architectural design, or in the exterior treatm ent of any building and structure, incl uding building colors, m aterials, changes in w alkw ays, doorw ays, w indow locations, or in the parking, landscaping and other related features, m ust first be appro ved by the City of Thousand Oaks CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 27 Res. No. 06- 2024 PC
C O M M U N IT Y D EV E L O P M ENT D E PA RTM E NT C O NDI TIO N S O F A P P R O V A L FO R ; D A G R 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067 prior to perf orm ing the w ork. Unauthorized change( s) or failure to com ply w ith the conditions of this perm it m ay require future corrective w ork and result in a City Code violation and appro priate action.

13. Indemnification - The applicant agrees to defend, indem nify and hold harm less the City, its agents, officials, and em ployees from any claim , action or pro ceeding against the City or its agents, officials or em ployees to attack, set aside, void or annul an appro val of the City. The City sh311 pro m ptly notify the applicant of any claim , action or pro ceeding and the City shall coopera te fully in the defense.

14. Signed Acceptance of Conditions - A signed Acceptance of Conditions aff idavit shall be executed by the applicant and pro perty ow ner, or his duly authorized representative, and shall be re turn ed to the Com m unity Developm ent Departm ent prior to the issuance of a building perm it.

15. Other Applicable Permits - All entitlem ents and conditions of appro val associated w ith prior on site developm ent appro ved by the City of Thousand O aks ( O TP 919, Z 90- 659, DP 92- 695 and DP 92- 695 M inor M odification No. 1) are rescinded, voided and of no further effect. The property' s Title Report is to be updated to rem ove references to Covenants, Agreem ents and Declarations required by the perm its w hich are rescinded, voided and of no further effect.

ENV IR O N M ENTA L M IT IG A T IO N M EA SU R ES

16. Mitigation Compliance - All applicable m itigation m easures contained in Appendix C of the Thousand O aks Boulevard Specific Plan ( SP- 20, Am ended August 2016) and Addendum to EIR No. 327 shall apply to this entitlem ent. Prior to the issuance of any grading or building perm it, the applicant shall subm it a w ritten report dem onstrating that all m itigation m easures im posed by the City to either reduce or avoid significant enviro nm ental im pacts identified in Addendum to the EIR No. 327 have either been incorporated in the pro ject design or undertaken as required.

Final determ ination of com pliance w ith im posed m itigation m easures pursuant to the requirem ents of Section 21081. 6 of the Public- R esources Code shall in turn be subject to the review and appro val of the Com m unity Developm ent Departm ent.

CU LT UR A L RESO U R C ES

17. Archaeological Discovery Protocol - Im pacts to cultural resources shall be m inim ized thro ugh im plem entation of pre- and post- construction tasks.

T asks pertaining to cultural resources incl ude the developm ent of a Cultural CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 2 0 2 3 - 7 0 0 01; SU P 202 3 - 7 0 011 ; a nd PT P 202 3 - 700 6 7 Resource M onitoring and Inadvertent Discovery Plan ( C ultural Resources Plan). The purpose of the Cultural Resources Plan is to outline a pro gram of appro priate m onitoring as w ell as treatm ent and m itigation in the case of an inadvertent discovery of cultural resources during gro und- disturbing phases ( including, but not lim ited to, pre- construction site m obilization and testing, grubbing, rem oval of soils fo r rem ediation, construction gro und disturbance, construction grading, trenching, and landscaping) and to provide fo r the pro per identification, evaluation, treatm ent, and pro tection of any cultural resources thro ughout the duration of the Pro ject. This Cultural Resources Plan shall define the pro cess to be follow ed fo r the identification and m anagem ent of cultural resources in the Pro ject area during construction. The Cultural Resources Plan shall be provided to the Santa Ynez Band of Chum ash Indians fo r review and comm ent. The existence and requirem ent to com ply w ith the Cultural Resources Plan shall be stated on all P ro ject plans intended fo r use by those conducting the gro und- disturbing activities.

18. Conditional Archaeological and Tribal Monitoring - Prior to the issuance of a grading or other perm it allow ing gro und disturbing construction activities, the Applicant shall retain a Native Am erican monitor appro ved by the Santa Ynez Band of Chumash Indians and a qualified archaeologist, m eeting the Secretary of the Interior' s Pro fessional Qualification Standards, to oversee the archaeological monitoring of initial first m ovem ent of soils w ithin each gro und disturbance location at complete horizontal and vertical extents) gro und disturbances that occur in native soils either thro ugh fulltim e or spot m onitoring as determ ined by intact native soils w ould only exist within the Building C fo otprint and only betw een 7. 5 to 16 feet below gro und surf ace. The qualified archaeologist should oversee and adjust m onitoring efforts as needed ( increase, decrease, or discontinue spot m onitoring frequency) based on the observed potential fo r construction activities to encounter cultural deposits. The archaeological m onitor should be responsible fo r m aintaining monitoring logs. Follow ing the com pletion of construction, the qualified archaeologist should pro vide an archaeological m onitoring report to the City, the Santa Ynez Band of Chum ash Indians and the South Central Coastal Info rm ation Center w ith the results of the cultural m onitoring pro gram .

19. Inadvertent Discovery of Archaeological Resources - In the event that archaeological resources ( sites, features, or artifacts) are exposed during gro und disturbing activities fo r the Pro ject, all construction w ork occurring w ithin 100 feet of the find should im m ediately stop until a qualified archaeologist, m eeting the Secretary of the Interior' s Pro fessional Qualification Standards, can evaluate the significance of the find and determ ine w hether or not additional study is w arranted. Depending upon CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packel/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
P ag e 29 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 23 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; and PT P 202 3 - 70 06 7 the significance of the find under the Califo rn ia Enviro nm ental Quality Act 14 CC R 15064. 5( f); Califo rn ia PR C Section 21082), the archaeologist may sim ply record the find and allow w ork to continue. If the discovery proves significant under CEQ A , additional w ork, such as preparation of an archaeological treatm ent plan, testing, or data recovery, m ay be w arranted.

If Native Am erican resources are discovered or are suspected, the Native Am erican m onitor shall be notified and as dictated by Californ ia Health and Safety Coe- JP. SP.r. t inn 7050. 5, Califo rn ia Public Resources Code Section 5097. 98, and CEQ A G uidelines Section 15064. 5( e).

20. Di s co v ery of H u m a n R em a in s - If hum an rem ains are encountered during im plem entation of any phase of the pro ject, the pro ject archaeologist shall tem porarily divert or redirect excavation activities in the vicinity of the find in order to m ake an evaluation of the find and notify the City and Santa Ynez Band of Chum ash Indians m w ithin 24 hours of the find. In the event that hum an rem ains are inadvertently encountered during construction activities, such resources w ould be treated in accordance w ith state and local regulations that pro vide requirem ents w ith regard to the acci dental discovery of hum an rem ains, including Califo rn ia Health and Safety Code Section 7050. 5, Califo rn ia Public Resources Code ( PR C ) Section 5097. 98, and CEQ A G uidelines Section 15064. 5( e ). In accordance w ith these regulations, if hum an rem ains are fo und, the County Coro ner must be im m ediately notified of the discovery. No further excavation or disturbance of the Pro ject Site or any nearby area reasonably suspected to overlie adjacent rem ains can occur until the County Coroner has determ ined, w ithin 2 w orking days of notification of the discovery, if the remains are potentially hum an in origin. If the County Coro ner determ ines that the rem ains are, or are believed to be, Native Am erican, he or she is required to notify the Native Am erican Heritage Com m ission ( NA HC ) w ithin 24 hours. As required by PR C Section 5097. 98, the NA H C w ill notify the person or persons il believes to be the M ost Likely Descendent ( M LD ) fro m the deceased Native Am erican. The M LD m ust fo llow the pro cedures and preliminary treatm ent options in the Cultural Resource Monitoring and Inadvertent Discovery Plan C R M D P) and m ake a recom m endation to the City and Santa Ynez Band of Chum ash Indians fo r m eans of treating, w ith appro priate dignity, the hum an rem ains, and any associated grave goods as provided in PR C Section 5097. 98 If m ore than one M LD is designated for the Pro ject by the NA HC , each M LD shall be consulted regarding the handling of the hum an rem ains, and any associated grave goods and/ or burial related soils. Burial associated gra ve goods and soil shall be reinterred w ith the associated burial.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
Pag e 30 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E LO P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 70 0 0 1; SU P 20 2 3 - 7 0 011 ; an d PT P 202 3 - 700 67

B IO LO G IC A L RESO U R C ES

21. Nesting Bird Survey - If pro ject activities ( i. e. dem olition, grading, construction, landscaping, tree encro achment, pruning and/ o r rem oval, etc.) occur betw een February 1st and September 1st, a breeding bird survey is required to be conducted and active nests shall be avoided w ith a m inim um buffer distance as determ ined by a qualified biological m onitor. To prevent disturbance of any active nests, a 300- fo ot radius fo r raptors and 100- fo ot radius fo r all other bird species is required until all juveniles have fledged, or the nest is abandoned.

AIR QUA LI TY

22. A ir Filtration Requirem ents - Prior to issuance of a certificate of occupancy the pro ject m ust dem onstrate compliance w ith Califo rn ia' s Building Energy Effi ciency Standard ( 24 CC R , Part 6, Subchapter 7, Section 150. 0) w hich lim its particulate infiltration by installing and m aintaining air filtration system s equal to or exceeding the identified filter efficiencies as defined by the Am erican Society of Heating, Refrigerating and Air Conditioning Engineers ( A SH R A E) Standard 52. 2. All filtration devices pro vided m ust m eet the m inim um s identified in Pro ject Freew ay Health Risk Assessm ent dated February 2024. The leasing offi ce shall pro vide notification/ disclosure to all future residents of the pro ject site of the potential risk from the 1-101 Freew ay related to the increased risk of exposure to diesel particulates from the freew ay w hen w indow s/ doors are open and w hen outside at the recre ation areas.

BU ILD IN G SA FETY AND CO N STR UC TIO N

23. Co ndition Execution - Com pliance w ith 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 otherw ise herein. Deviation from this requirem ent shall be perm itted only by w ritten consent of the Com m unity Developm ent Director or designee.

24. Final Plans - Prior to the issuance of a building perm it, final site, grading, floor, elevation and ro of plans shall be submitted for the review and appro val of the Com m unity Developm ent Departm ent. Said plans shall incorporate any design change and other requirem ent as conditioned herein.

25. A pproval Inclusion - The fo llow ing shall apply:
a. This appro val, in its entirety as adopted, shall be included in the initial plan- check subm ittal that is subm itted to the Building Division. The CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)

C O M M U N IT Y DEV E LO P M ENT DEPA RTM ENT C O N DITIO N S O F A P P R O VA L FO R ; DA G R 2023- 70001; S UP 2023- 70011; and PTP 2023- 70067 appro val and conditions shall be copied directly onto plan sheets and included as part of the pro ject plans thro ughout the plan- check pro cess and shall be part of the pro ject plans fo r w hich building perm its are issued.
b. All agreem ents, developm ent standards, use allow ances contained in SP- 20 and DA G R 2023- 70001 shall apply to this appro val.

26. Praconstruction Meeting - Prior to issuance of a grading perm it, the applicant shall coor dinate w ith the Com m unity Developm ent and Public W orks Departm ents including, a preconstruction m eeting at the job site to review field conditions, pro ject conditions, m ethods and pro cedures, individual and City departm ent responsibilities associated w ith the pro ject.

M em bers attending this m eeting shall include but not be lim ited to City departm ent representatives, City landscape consultant/ arborist, ow ner or designated pro ject coordinator, architect, pro ject consultants, pro ject landscape consultant general contractor and other representatives associated w ith the pro ject. T he m eeting shall be arranged no sooner than one ( 1) week prior to com m encem ent of w ork.

27. Construction Progress - O nce perm its have been issued to com m ence w ork on the im pro vem ents, it is the applicant' s/ ow ner' s responsibility to diligently pursue com pletion per all conditions, requirem ents and as represented on the appro ved plans. Reasonable pro gress shall occur on a continual basis until com pletion to the satisfaction of the Com m unity Developm ent Director. W ork shall not be discontinued fo r a period exceeding 30 days, w ithout acceptable cause. The intent is to have the pro ject com pleted in a tim ely fashion to prevent a potential blight from partially com pleted construction.

28. Phasing - The pro ject shall be graded and constructed in a single phase as specified and in accordance w ith the param eters contained in the recorded Developm ent Agreem ent ( DA G R 2023- 70001 ).

29. Hours of Construction - All grading and construction activities shall be lim ited to the hours of 7: 00 a. m . to 7: 00 p. m ., M onday thro ugh Saturday w ith no construction activity perm itted on Sunday. Construction w orkers and vehicl es shall not be perm itted to congregate in the residential neighborhood or onsite befo re and after the construction hours authorized herein. Likew ise, w arm ing of equipm ent engines shall not be perm itted outside the allow able construction hours.

30. Construction/ Security Fencing - Prior to the issuance of a grading/ building perm it, the applicant shall install a tem porary five ( 5) fo ot high chain- link fence w ithin the lim its of the pro posed developm ent area.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 32 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L FO R ; D A G R 2 0 23 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; a nd P T P 20 2 3- 70 06 7 S aid fencing shall be pro vided fo r purposes of m aintaining security, as well as containing trash and debris on- site. The fence shall rem ain in place during all phases of construction and shall be maintained until no longer needed fo r trash and debris contro l as determ ined by the Com munity Developm ent Departm ent. The applicant shall be responsible fo r pick- up of trash and debris on a w eekly basis during building construction operations.

31. Occup ancy - No final inspection or final occupancy perm it shall be granted until construction and landscaping are com plete in accordance w ith the appro ved plans and the conditions required herein.

32. City' s Recycling Pro gram - The pro ject' s ow ner shall participate in the City of Thousand O aks recycling pro gram, w hich collects cardboard, plastics, glass and m ixed paper and shall attem pt to use post- consum er building m aterials ( recycl ed pro ducts) w henever possible in the construction of the pro ject.

33. Rod ent Co ntro l - The applicant shall submit a rodent contro l plan to the Com m unity Developm ent Departm ent prior to the issuance of any building perm it, w hich shall incl ude m easures to pro tect adjacent and nearby pro perties from any ro dent displacem ent during the pro ject dem olition and construction activities.

34. Parking / M aterials Storage During Construction - All construction equipm ent, m aterials, and related contractor vehicl es shall be located on- site during all phases of developm ent.

G R A D IN G

35. Final Detailed G rading, Paving and Drainage Plan Subm ittal - Prior to issuance of a grading perm it, a final detailed grading, paving and drainage plan dem onstrating com pliance w ith all imposed conditions of this Developm ent Perm it shall be subm itted fo r review and appro val by the Com m unity Developm ent and Public W orks Departm ents.

36. Certified A s- B uilt G rading - Prior to issuance of a building perm it, a rough grading com pletion certification on the City standard fo rm , shall be prepared and signed by the applicant' s Civil Engineer and submitted to the Public W orks Departm ent. Said certificate shall state that the graded pad design and pad elevations are consistent w ith the pad elevation and grading details show n on the conceptual grading plan, and grading plan/ exhibits labeled Pro ject Plan Set," date stam ped February 15, 2024.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
Pa g e 33 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; an d P T P 20 2 3 - 7 0 0 6 7

37. A P C D P e rm it - The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Contro l District ( A PC D ) prior to beginning any construction activity.

38. D u st P reven tio n - In order to prevent excessive am ounts of fugitive dust, all m aterials excavated ( on- site) shall be contro lled fo r w ith Ventura County Air Pollution Contro l District m ethods, w hich incl udes adherence to Rule 50 O rc1city) that sets opacity standards on the discharge from sources of air contam inants. This rule w ould apply during construction of the proposed project, specifically grading activities, Rule 55 ( F ugitive Dust) that requires dust genera tors to im plem ent contro l m easures to lim it the am ount of dust fr om vehicle track- out, earth m oving, bulk m aterial handling, and truck hauling activities, and Rule 55. 2 ( Street Sw eeping Equipm ent) that requires the use of P M 10 effi cient street sw eepers. fo r ro utine street sw eeping and fo r rem oving vehicle track- out pursuant to Rule 55. The pro ject is to com ply w ith the City of Thousand O aks W ater Conservation Ordinance Requirem ents. Level 4 Conservation M easures pro hibit potable w ater use fo r dust suppression unless appro ved through a City w aiver. For m ore info rm ation see: https:// w w w . toaksw ater. org/ conservationstages.

39. E x p o rtin g / Im p o rtin g E a rth M ateria ls - A ny exporting or im porting of earth m aterial and debris shall be authorized by perm it issued by the Public W orks Departm ent. The developer shall com ply w ith an appro ved haul route to and fro m the pro ject site and shall coordinate the hauling of this m aterial w ith the Public W orks and Com m unity Developm ent Departm ents to m inim ize traffic disruptions and disturbances to the project area. The exporting and im porting of any earth m aterials to new sites w ithin the jurisdiction of the City of Thousand O aks shall be subject to the review and approval by the Planning Com m ission unless such sites have previously been appro ved fo r developm ent w ith an active entitlem ent, and said grading is in accordance w ith Public W orks Departm ent appro ved plan fo r the pro ject.

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T - C O N D IT IO N S FO R S U P 202 3- 70011

B U ILD IN G FO R M AND AR C H IT ECT U R A L DESIG N

40. A rch itectu ral B u ild in g D es ig n - Unless otherw ise m odified herein or w ithin the Developm ent Agreem ent, the architectural design shall com ply w ith the building plans as show n in the attachm ents labeled " Pro ject Plan Set," dated February 15, 2024, and attached to the Planning Com m ission staff report dated February 15, 2024. Prior to the issuance of a building CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
P ag e 34 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; an d PT P 20 2 3- 7 0 0 6 7 p e rm it, fully dim e ns io ned and detaile d architectural draw ing s sha ll be sub m itt ed fo r review and ap pro val by the C om m unity D evelo pm e nt D e partm e nt, w ith all elevatio ns coo rdinated w ith color, m aterials, and a rchitectural fo rm to achieve desig n ha rm o ny and continuity. 4 1 . C o lo rs a n d M a te ria ls B o a rd - A ll exte rio r m aterials and co lors sha ll m atch or b e u pgraded fr om those de picted on the exhib its labeled " P ro ject P lan S et," d ate stam ped Februa ry 15 , 2024 and as cond itio ned herein, subject to rev iew a nd appro val of the P la nning D iv isio n of the C om m unity D ev elo pm e nt D e partm ent. C ha ng es to m aterials w hic h are not com parable or b ett er m ust b e ap pro ved by the P lann ing C o m m issio n. P rio r to the issua nce o f a building and/ or grad ing pe rm it, a final colo r and m aterials sam p le b oard, includ ing , but not lim ited to , specific m aterials and paint m anufacturer co lo rs, sha ll b e sub m itt ed fo r the rev iew and ap prov al by the C o m m un ity D eve lo pm e nt D e partm e nt. The applicant shall indicate the type o f finish on the revise d p la ns and m ate rials and colo rs sam p le board. 42 . F ro n t, S id e , a n d R e a r Y a rd S e tb a c ks - A ll structural and landscape se tbac k requirem ents fr om p ro pe rty line sha ll be pro vided as de picted on the subm itt ed " P ro ject P lan S et" dated Fe b ruary 15 , 2024 , as required in T ho usand O aks S pec ific P la n ( S P - 20 ), and as fo llow s:

B u ild in g S e tb ac k s
B u ild in g A R e q u ire d ( ft .) P ro po s e d ( f. t) C o m p lies F irst F lo o r M a x im u m : 15 98 . 5 Y e s ( C o n cession ) F ro n t ( N o rt h ): T h ird F lo o r A ve ra g e : 10 10 Y e s F o u rt h F lo o r: N / A 110 N / A
R ig h t ( W e st): F irst F lo o r M in im u m : 10 12 . 58 Ye s B u ild in g B R e q u ire d P ro p o s e d
F irst F lo o r M a x im u m : 15 15 Y e s
T h ird F lo o r A ve ra g e : 10 10 Ye s
F ro n t ( N o rt h ):

F o u rth F lo o r: N / A 32 . 6 N / A
F ifth F lo o r: N / A 2 15 N / A
Le ft ( E a st): F irst F lo o r M in im u m : 10 15 Ye s R e a r ( S o u th ) F irst F lo o r M in im u m : 10 56. 16 Ye s B u ild in g C R e q u ire d P ro po s e d
F irst F lo o r M in im u m : 10 10 Y e s
R ig h t ( W e st): F o u rth F lo o r: N / A 2 1. 33 N / A F ifth F lo o r: N /A 31. 5 N / A
F irst F lo o r M in im u m : 10 10 Ye s
R e a r ( S o u th )
F ifth F lo o r: N / A 20 N / A
CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 3 5 R es. N o . 06- 2024 P C
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 0 11 ; an d PT P 20 2 3- 7 0 0 6 7

43. Build ing Heig hts - The maximum building heights shall be provided as shown on the elevation plans as shown in the " Project Plan Set," dated February 15, 2024. The average height shall not exceed 45 feet and absolute maximum height at any point from adjacent finished grade shall not exceed 62 feet.

44. Facade A rticulation - Facade articulation, including setbacks, material offsets as well as significant, major, and minor massing breaks shall be provided as show in the " Project Plan Set" dated February 15, 2024.

45. Buildin g Desig n - Unless otherwise modified herein or within the associated Development Agreement, the proposed design of the building shall be constructed substantially as depicted on the building elevations and perspectives as shown in exhibits labeled " Project Plan Set," dated February 15, 2024, including but not limited to:
a. Building B west building facade length shall incorporate a courtyard at the midpoint of the building and extending no less than 215 feet from the front property line. The courtyard is necessary to accommodate massing break for the building.
b. Northeast portion of Building A shall include a minimum of 1, 500 square feet of commercial area.
c. Increased 4th and 5th floor setbacks, as provided in the Buildings Setback Table above.

46. Build in g Co lors/ M aterials and Elevatio ns - Unless otherwise approved by the Community Development. or within the associated Development Agreement, the proposed design of the building shall be constructed substantially as depicted on the building elevations and perspectives as shown in exhibits labeled " Project Plan Set," dated February 15, 2024, including but not limited to:
a. Provision of heavy- gauge, decorative screening material for parking garage openings.
b. Fiber cement wood tone siding at Building B parking garage opening. c. Enhanced architectural building materials shall be provided on the north and west buildings elevations as shown in exhibits labeled Project Plan Set" dated February 15, 2024, and including but not limited to:
i. Textured or dimensional brick veneer;

11. Fiber cement siding;
111. Corrugated metal paneling;
Iv. Fiber cement wood siding; and
v. Stucco shall be permitted on the remainder of the project.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 3 6 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 7 0 0 01; SU P 20 2 3 - 7 0 0 11 ; an d PT P 20 2 3- 70 06 7

47. W ind o w Design - W indow recesses, insets, trim and other window elements shall be designed as shown in exhibits labeled " Project Plan Set" dated February 15, 2024, including but not limited to:
a. W indows shall be recessed at a minimum depth of at least two inches 2") from glass face to wall edge aro und the windows if there is no trim.
b. Windows shall be inset a minimum of two- inches and include a decorative trim element.

48. W in d ow M aterials - W indows frames must be made of vinyl, or aluminum, fiberglass, wood, or manufactured wood; or another material with a wood grain texture finish as reviewed and approved by the Community Development Department.

49. W ind ow Divided- Li tes/ M ullions - Divided- lite windows, where utilized, m ust consist of true/ full divided- lites or simulated divided- lites, in accordance with the following standards:
c. Muntins or grids must project at least three- eights of an inch ( 3/ 8") from the glass surface.
d. Muntins or grids must be used on both the exterior and interior of the glass. e. For simulated divided- lites, spacers must be used between panes.

50. Sto refr ont W indow A rea - A minimum of 65% of the commercial storefront facade provided shall have transparent window area and minimum three- inch recess as shown in the " Project Plan Set" date stamped February 15, 2024.

51. Resid ential Direct O utdoor Prim ary A ccess - Primary entrances to first- floor residential units with direct exterior access shall be provided as shown on plans date stamped February 15, 2024.

52. Em ergency Exit/ Serv ice Doors - All exterior emergency exit and service doors as viewed from public streets shall be decorative and located in recessed vestibules of sufficient depth to accommodate the installation of overhead recessed security light fixtures. Other doors not viewed from public streets may be illuminated by either the same method or by the installation of decorative architectural light fixtures. Said doors shall be operated from the inside with appropriate approved hardware and shall be alarmed. No exposed hardware including door latches shall be permitted on the exterior surface of any door. Any access from the exterior shall be limited to key activated hardware locks only. All such doors shall be painted or treated a color to match the adjacent exterior finish of the building or as approved herein. Design and location of all doors shall be subject to review and approval by the Community Development and Police Departments.

CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)

C O M M UN ITY DE V E L O P M E NT D E PA RTM ENT C O N D ITIO N S O F A P PR O V A L FO R ; D A G R 2023- 70001; S UP 2023- 70011; and PTP 2023- 70067

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

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

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

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

56. Roof A ccess - Access to the building roof shall only be from the interior of each building and shall be secured with appropriate hatches and locked when not being used .. Exterior ladders are prohibited. Design, location and security requirements of said access shall be subject to approval of the Community Development Department and the Police Department.

57. Dow nspo u ts - Downspouts shall be avoided or concealed within the building walls at specific feature corner elements, such as the commercial/ retail corner or any facade viewable from Thousand Oaks Boulevard. Any downspout not concealed within the building walls must be painted to match the wall behind.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P age 38 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E LO P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3- 7 0 0 01; S U P 20 2 3 - 7 0 0 11 ; an d PT P 2023 - 700 67

58. Roof- Mounted Mechanical Equipment - All ro of- m ounted m echanical equipm ent, including air conditioning, ro of fans and any other sim ilar equipm ent, as w ell as ro of ladder pro trusions, shall be located w ithin the m echanical equipm ent enclosures as depicted on " Pro ject Plan Set," date stam ped February 15, 2024. Said equipm ent shall be screened fro m public view incl uding Thousand Oaks Boulevard, Lombard Street, 101 Freew ay, and fro m pro perties adjacent to and w ithin the pro ject site. Roof screening treatm ent shall be designed in a m anner that is integrated w ith the building design.

Prior to issuance of a building perm it, final detailed cross- section draw ings, studies, equipm ent m anufacturer' s catalogue cuts, bro chures, specifications and specific exhibits and ro of equipm ent locations shall be subm itted fo r the review and appro val of the Com m unity Developm ent Departm ent. After installation if any ro of m ounted equipm ent is visible from public view , additional screening w ill be required. The design and extent of said scre ening shall be subject to the review and appro val of the Com munity Developm ent Departm ent.

59. Surface- Mounted Mechanical Equipment - All surface- m ounted m echanical equipm ent, incl uding transfo rm ers, term inal boxes or meter cabinets, shall be screened by landscaping or enclosed by solid decorative m asonry w alls or stucco w ood fram e and solid w ood gates of a m aterial w hich is integrated into the character and m aterials of the project and/ or surro unding landscaping design subject to the review and appro val of the Planning Division of the Com m unity Development Departm ent and other City utility pro viders.

60. Utility Lines - A ll new utility service lines shall be installed undergro und.

61. Existing Overhead Utility Poles and Utility Lines Undergrounding - Prior to the issuance of a Certificate of Occupancy, the existing 66KV and all other associated overhead utility lines located w ithin the pro ject site and adjacent to the pro ject site along East Thousand O aks Boulevard shall be installed undergro und, as set fo rth in the Developm ent Agreem ent DAG R 2023- 70001. All existing utility poles shall also be rem oved, other than the riser pole at the southern edge of the pro perty, and a riser pole on either the north side of Thousand Oaks Blvd ( or at Hillcrest Drive), in accordance w ith DA G R 2023- 70001. The undergro unding of SC E overhead utility poles and utility lines w ill extend north along Hodencam p Road under the term s of DA G R 2023- 70001 unless the City and Applicant, O w ner or any other party assigned the rights to the pro ject appro vals agree to alter the undergro unding plan under the term s of the developm ent agreem ent. City and any party subject to these conditions w ill enter into a reim bursem ent agreem ent fo r the cost of undergro unding as set fo rth in DAG R 2023- 70001.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pa g e 39 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3- 7 0 0 0 1; SU P 20 2 3 - 7 0 0 11 ; and P T P 20 23 - 7006 7

62. Backflow Device - Any proposed backflow device shall be screened from public view , subject to review and appro val by the Com munity Developm ent and Public W orks Departm ents.

PA R KIN G , AC C ESS, AN D DR IV EW AY

63. Req uired Parking -. A m inim um of 475 total parking spaces shall be pro vided fo r the pro ject, consisting of 48 com m ercial spaces, 408 residential spaces, and 19 " surplus" guest parking spaces, as show n on site w ithin Pro ject Plan Set," date stam ped February 15, 2024. A maximum 50% reduction of surplus guest parking spaces m ay be perm itted upon review and appro val of the Com m unity Developm ent Departm ent. The commercial and residential parking shall be spatially distinct and independent of each other. All parking spaces and drivew ay aisles shall be designed in accordance w ith Section 9. 4 - 2404 of the Municipal Code and SP- 20. Any m inor change to parking or future developm ent on the subject pro perty shall be review ed and evaluated by the Com m unity Developm ent Departm ent.

Any substantial change m ay require the filing of a m odification application to be considered by the Planning Com m ission.

64. Build ing s B and C Parking Garage Design - The floor level above the parking structure shall not exceed six ( 6) feet above finished grade for m or e than fifty ( 50%) percent of the perim eter and shall not exceed tw elve ( 12) feet above finished grade at any point, as show n on site w ithin " Pro ject Plan Set," date stam ped February 15, 2024.

Any exposed elevation associated w ith the below - grade parking structure shall be designed to reflect architectural compatibility w ith existing or pro posed structure. Any above- grade, visible portions of the exterior elevations of the below - gra de parking structure shall be designed to m inim ize the use of blank facades thro ugh the com bined use of appro priate architectural treatm ent such as heavy textured concrete, planters, openings, indentations, and pro jections of exterior w alls to pro vide visual interest. at least 20% of the daylighting portion of the garage, m ust consist of w indow s or other openings.

65. Parking Striping - All parking spaces shall be identified with double fo ur inch ( 4") w ide stripes at sixteen inches ( 16") on center as specified in Section 9- 4. 2404( a)( 2) of the Thousand Oaks M unicipal Code.

66. M ulti- Fam ily Residential Com pact Parking - Maximum perm itted com pact parking spaces shall not exceed thirty- five percent ( 35%) parking spaces based on the total parking requirem ents as indicated under Section 9- 4. 2404( d)( 1 )( i). No overhang com pact parking space shall be perm itted w ithin five ( 5) feet of any vertical obstruction.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 40 Res. No. 06- 2024 PC
CO M M U N ITY D EV E LO P M ENT D E P A RTM E NT CO NDITIO NS O F APPRO VA L FO R; DA G R 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067

67. Com m ercial Com pact Parking - Maximum perm itted compact parking spaces shall not exceed tw enty- five percent ( 25%) parking spaces based on the total parking requirem ents as indicated under Section 9-

4. 2404( d)( 1 )( iii). No overhang com pact parking space shall be perm itted w ithin five ( 5) feet of any vertical obstruction.

68. Parking Stall Dim ensions - The dim ensions and design of all standard non- com pact or ADA ) parking stalls shall be installed as required in Article 24, Chapter 4, of Title 9 of the Thousand O aks Municipal Code. Parking stall lengths fo r stalls that overhang a landscape planter shall be reduced fr om tw enty ( 20) feet to a depth of eighteen ( 18) feet to allow the rem aining tw o ( 2) feet to be converted to landscaping. A w idth of nine ( 9) feet shall be required fo r all parking spaces.

69. Parking Stall Clearance - Parking spaces located adjacent to w alls must be at least one ( 1) fo ot w ider to accom m odate door opening clearance and vehicle m aneuverability. Parking located adjacent to columns w ithin a parking structure also m ust be one ( 1) fo ot w ider except fo r columns placed w ithin fo ur feet of the front or back of a stall.

70. Parking O verhang/ Path of Travel - W here head- in parking spaces are located adjacent to a path of travel, the m inimum path of travel sidew alk w idth shall not be less than seven ( 7) feet to accom m odate a m inim um clear sidew alk w idth of fo ur ( 4) feet, allow ing three ( 3) feet fo r the parking overhang.

71. Lo ad ing Zone - O ne loading zone at Building B, shall be provided and m aintained. The loading zone shall be not less than tw elve ( 12) feet in w idth by tw enty- five ( 25) feet in depth by fo urteen ( 14) feet in height pursuant to TO M C Section 9- 4. 2405.

72. Tem porary Parking A rea - A designated tem porary parking area to accom m odate pick- up and/ or dro p- off activities by delivery and rideshare com panies, ( i. e. DoorDash©, Uber©, Lyft©, Relay Rides©, etc.) shall be provided at the northeast corn er of Building C. Appropriate curb designations and signage indicating the hours of operation shall be pro vided to ensure this area is utilized fo r these shor t- term uses and not for the parking of vehicles. All signage is subject to review and appro val by the Public W orks and Police Departm ents.

73. Parking Restriction - No parking space shall be utilized fo r overn ight stora ge of vehicl es, other than tenant vehicles.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 4 1 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 2 0 2 .3- 7 0 0 0 1; S U P 20 2 3 - 7 0 0 11 ; a n d PT P 20 2 3 - 70 0 67 7 4. Parking M anagem ent Pro gram - Prior to occupancy of the pro ject, a Parking M anagem ent Pro gram shall be designed and subm itted to ensure that pro per parking assignm ents fo r tenants, guests, and em ployees are established w ithin the parking structure and designated exterior spaces, as w ell as address tim ing and pro cedures fo r m oving activities and m oving- related vehicl es/ vans fo r all residential, com m ercial tenants and live/ w ork units.

All parking stalls w ithin below - grade parking structures shall be designed fo r the use of ow ners, tenants, residents, and em ployees only. A physical barrier shall be pro vided separating residential and com m ercial parking stalls.

As part of the Parking M anagem ent Pro gram , the applicant shall pro vide appro priate signage and develop an action plan to prevent parking fro m spilling off- site onto adjacent locations/ properties and prevent residential use of exterior parking spaces intended fo r the com m ercial operations on the site. Said pro gram shall be subject to the review and appro val by the Com m unity Developm ent, Public W orks and Police Departm ents.

75. Ped estrian- Friendly Roadw ay Desig n - The intern al ro adw ay shall pro vide raised cro ssw alks, utilize cast in place concrete w ith enhanced finish ( such as topcast and saw cut pattern ing), and install bollards as show n on the " Pro ject P lan Set" dated February 15, 2024. Final m aterials and design shall be subject to review and appro val by the Com m unity Developm ent, Public W orks, and Fire Depart m ents.

76. Deco ra tive S id ew alk Treatm ent - The use of decorative m aterial such as ro ck, tiles, pavers, cast in place concrete w ith enhanced finish, or sim ilar pattern ed m aterial shall be pro vided at the pedestrian entrance( s) to each building, including but not lim ited to pedestrian access lrorn Thousand O aks Boulevard and the com m ercial uses, as w ell as betw een Lom bard Street Boulevard and Building A. The m aterials and colors shall be subm itted to the Com m unity Developm ent Departm ent fo r review and appro val prior to issuance of building perm its. The installation and m aterials shall com ply w ith ADA and Title 24 disabled access requirem ents fo r path- of- travel areas.

77. Ped estrian W alkw ays - The applicant shall utilize a decorative and contrasting surface m aterial and/ o r color, such as cast in place concrete w ith enhanced finish, fo r the pedestrian building entrances and intern al ro ad cross- w alks, as depicted w ithin the " Project Plan Set," date stam ped February 15, 2024. The m aterials and colors shall be subm itted to the Com m unity Developm ent Departm ent fo r review and appro val prior to issuance of building perm its. The installation and m aterials shall com ply w ith ADA and Title 24 disabled access requirem ents fo r path- of- travel areas.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 42 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 2 0 2 3 - 7 0 0 01; S U P 20 2 3 - 7 0 011 ; and PT P 2023 - 70 0 6 7

78. Drivew ay Entrances - The project' s tw o- w ay drivew ay aisle entrances fr om Thousand O aks Boulevard and Lom bard Street shall be com posed of decorative paving m aterials ( such as at- grade cast- in- place concrete w ith enhanced finish), subject to the review and appro val by the Com munity Developm ent and Public W orks Departm ents.

79. Drivew ay and Parking Lot Grades - The drivew ay and parking lot shall be designed as depicted on grading w ithin " Pro ject Plan Set," date stam ped February 15, 2024. All parking lot areas shall have a m aximum gradient slope of 2. 5% and parking spaces shall have a m axim um cro ss- slope of 2%. All drivew ays including exterior and interior shall have a slope no greater than 7% and each ram p in the parking garage shall not exceed a m axim um of 10% gradient as specified under Section 9- 4. 2405( a) of the M unicipal Code unless otherw ise appro ved by the Community Developm ent and Public W orks Departm ents.

LA N D SC A PIN G

80. Parkin g Lo t Shade Coverage - The applicant shall pro vide ten ( 10%) percent shade coverage in all surface parking areas within fifteen ( 15) years per Section 9- 4. 2409( a)( 6)( i) of the Municipal Code ..

81. Parkin g Lot Finger Planters - A tree shall be planted at the ends of each finger planter per Landscape Guidelines Resolution No. 2007- 116 as depicted w ithin the " Pro ject Plan Set," date stam ped February 15, 2024.

82. A dd ed Land scaping fo r Com pact Parking and Parking Structure - The pro ject shall provide a m inim um 5 feet of landscaping anyw here the parking garage daylights. An altern ate landscaping proposal ( considering size, quantity, tree type, siting) shall be review ed and approved by the City of T housand O aks Com m unity Developm ent Director during plan check.

83. G arag e Screening - The perim eter of any below - grade parking structure, above grade, visible to view , shall be provided w ith a landscape planter of at least five ( 5) feet in w idth at ground level unless otherw ise recom mended or required by the Com m unity Developm ent Departm ent, including the Building Division.

84. Land scape Design Com pliance/ A ppro val - All landscaping and irrigation im pro vem ents shall be designed and installed in accordance w ith the City' s G uidelines and Standards fo r Landscape Planting and Irrigation ( R esolution No. 2007- 116). All landscape plans shall dem onstrate com pliance w ith the State of Califo rn ia M odel W ater Efficiency Landscape Ordinance ( M W ELO ).

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L FO R ; D A G R 20 23 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; and PT P 202 3- 70 0 6 7 Com plete landscape and irrigation plans reflecting compliance w ith all im posed conditions of project entitlem ents shall be submitted and receive final decision prior to the issuance of any grading perm it and building perm its. Said plans shall be subject to review and appro val by the Com m unity Developm ent and Public W orks Departm ents.

The location of light fixtures shall be show n on the landscape plans to ensure no conflict occurs betw een placem ent of trees/ shrubs and light fixtures and to avoid plant gro w th interference w ith the level of illum ination.

The use of reclaim ed w ater fo r landscaping w here available is encouraged.

85. La nd sca p in g and Irrig a tio n - Landscaping shall be designed using xeriscaping techniques; i.e. dro ught- tolerant low w ater- using plants and as allow ed in S P- 20. The use of law n, grasses, and turf shall be m inim ized.

Landscape irrigation system s shall likew ise be designed using low - output sprinklers and/ o r drip autom atic tim ed contro ls.

86. L and sca p e P la nters - All landscape planters and fingers shall be planted w ith shrubs, trees and flow ers subject to the review and approval of the Com m unity Developm ent Departm ent. Trees planted on the podium w ill be installed in either raised planters constructed of masonr y or cast in place concrete, or in depression cast into the podium deck as depicted w ithin the Pro ject Plan Set," date stam ped February 15, 2024. A m inim um of 42" of soil depth and m inim um horizontal dim ension of 2 tim es the ro ot ball must be provided unless otherw ise appro ved by the City landscape consultant and Building Division.

87. L an d scap in g M aterial S e lectio n - All new landscaping treatm ent shall consist of com binations of m inim um fifteen ( 15) gallon, tw enty- fo ur inch 24"), thirty- six inch ( 36") and fo rty- eight inch ( 48") box size deciduous and evergreen trees as w ell as five ( 5) and fifteen ( 15) gallon shrubs. Larger size trees m ay be required to com plem ent the building' s facades. The type of landscaping m aterial shall be selected in a manner that blends w ith existing landscaping treatm ent in the area. The specific size, number and species of plant m aterials used shall be included on the landscape plans subject to review and appro val by the Com munity Developm ent Departm ent.

88. F in a l Land sca p e P la ns - The subm itted preliminary landscape plan is appro ved in concept only. Prior to the issuance of a grading and building perm it, final construction landscape and irrigation plans reflecting com pliance w ith all im posed conditions of pro ject entitlem ents shall be subm itted under separate perm it fo r review and appro val by the Community Developm ent Departm ent thro ugh a Landscape Plan Check application.

CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 2 0 2 3- 7 0 0 01; S U P 20 2 3- 7 0 011 ; an d PT P 20 2 3 - 700 6 7 Any landscape and irrigation im pro vem ents shall be designed and installed in accordance w ith the City' s G uidelines and Standards fo r Landscape Planting and Irrigation Plans ( R esolution No. 2007- 116).

89. Pu b lic Exterio r Space and Com m on A m enity Space - Potted landscaping and built- in tree w ells shall be pro vided w ithin the exterior public space and com m on am enity areas as show n on the conceptual landscape plan w ithin the " Pro ject Plan Set," dated February 15, 2024. Said plant m aterials shall be incorporated on the required final landscape plan.

FEN C ES, AN D W A LLS

90. Existing Chain- link Fencing - Any existing chain- link fe ncing shall be rem oved, but m ay be re- used as tem porary construction fencing and repositioned in order to preserve and pro tect on- site oak and landmark trees as determ ined by the Pro ject' s Tree Consultant and the Com m unity Developm ent Departm ent.

91. W all/ Fence/ G ate Design - A ll w alls, fences, and gates shall be constructed of decorative m aterial( s) that m atch the m aterials and style of the primary buildings. Final detailed draw ings of all w alls and fencing including elevations, m aterial selections and site plan locations shall be submitted prior to the issuance of any building perm it, subject to review and appro val of the Com m unity Developm ent and Public W orks Departm ents. Chain link fencing is not appro ved fo r any w all, fence or gate.

92. Screen W alls or Hedge - Screen w alls along the eastern and southern pro perty lines shall pro vide a decorative cap detail along the entirety of the w all( s) and painted to m atch the new developm ent prior to final occupancy.

P rior to the issuance of a grading perm it, such design shall be submitted fo r review and appro val by the Com m unity Developm ent, Public W orks Departm ent, and Caltrans.

93. Retainin g W alls - Retaining w alls along the eastern and southeastern pro perty lines shall consist of m asonr y w ith stucco slim coat m aterial, pilasters at 40- fo ot intervals, and decorative cap. All other retaining w alls shall be constructed of a decorative masonry m aterial w ith a decorative cap that m atch the m aterials and style of the primary buildings. All retaining w alls shall be lim ited to a maxim um exposed height of six ( 6) feet, unless otherw ise authorized by the Com m unity Developm ent and Public W or ks Departm ents fo r purposes of lessening the amount of grading w ithout negatively im pacting public view s of the pro perty. In no case shall retaining w alls exceed tw elve ( 12) feet. All retaining w alls shall incorporate the design and m aterials utilized on the buildings and be softened by the installation of CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 45 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 0 11 ; an d PT P 20 2 3 - 7 0 0 6 7 landscaping adjacent to the w all. W here such w alls are exposed to public view , pilasters and/ or horizontal articulation of varying depths shall be pro vided to break up a long linear m onotonous appearance. The design and location of all retaining w alls shall be subject to review and appro val of the Com m unity Developm ent and Public W orks Departm ents.

LI G HTIN G

94. Site Ill um in atio n - S ite illum ination w ithin the pro ject shall be designed in a m anner that is unifo rm in design and appearance. Parking lot illum ination shall be designed in accordance w ith the City' s parking lot standards and com pliance w ith the Califo rn ia Building Codes applicable at the tim e of issuance of the perm it. Review and appro val of such lighting shall be pro cessed under a separate perm it. S pecial design features w ithin these fixtures shall incl ude flat lens and shielding devices to avoid an over- intensification of illum ination, to direct the illum ination in a dow nw ard direction ( full cut- off) and to elim inate any spillover of light into adjacent pro perties and past the centerline of public streets.

All pole lighting utilized shall not exceed 14 feet in height and shall be pro vided w ith concrete pedestals finished to com plem ent the earthtone colors of the buildings as show n on site w ithin " Pro ject Plan Set," date stam ped February 15, 2024. All pedestals shall be painted the sam e color w hich shall com plem ent one of the m ain wall colors of the buildings, subject to the review and approval of the Com m unity Developm ent Departm ent.

W here pedestrian w alkw ays occur, the height of these fixtures m ay be reduced in proportion to hum an scale.

Use of bollard type lighting fo r safety adjacent to drivew ays is also encouraged fo r pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a dow nw ard direction, and dow nw ard shielded. Prior to issuance of a parking lot electrical perm it, a photom etric analysis and light fixture catalogue cuts and specifications shall be subm itted to the P lanning and Building Divisions fo r review and appro val.

95. Ph otom etric/ Li g ht Fixture Catalo g ues and S pecifications - All exterior lighting shall be pro cessed under a separate perm it. Prior to the issuance of any electrical and building perm its fo r exterior lighting, a photom etric analysis prepared by a registered Electrical Engineer and accom panied by light fixture catalogs, bro chures, and specifications shall be subm itted fo r review and appro val by Building and Planning Divisions of the Com m unity Developm ent Departm ent, as w ell as review by the Police Departm ent.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3- 7 0 011 ; and PT P 202 3 - 70 0 6 7

96. Li g ht Sp illo ver- Light spillover may not occur outside property boundaries or past the centerline of public streets.

97. Restrictio n of Li ght Poles - Light poles are prohibited at the ends of the landscape fingers as the end of landscape fingers are intended to be planted with trees to allow their canopies to cover drive aisles and parking spaces and to reduce the likelihood of a vehicle colliding with a light pole.

The location of a light pole within a landscape finger is to be a coordinated effort between a landscape architect and a photometric engineer.

Deviations from this prohibition shall be permitted only by written consent of the Community Development Director or designee.

98. Deco rative Li ghting A bove Public A rea - Low intensity lighting may be provided above and across the public exterior space.

99. Li g hting on Roof Top Terrace - No roof illumination shall be permitted except as otherwise needed to comply with building security requirements.

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

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

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 7 0 0 01; SU P 20 2 3 - 7 0 011 ; an d PT P 202 3- 700 6 7

S IG N S
10 2 . A ll S ig n s - A ll site and building sig nage sha ll be designe d to m e et the A rchitectural G u ide lines fo r C o m m e rcial P rojects ( R es. N o. 2005- 011 ), P recise P lan of D e sig n G u ide lines ( R es. N o . 2023- 6 1 ), as w ell as Title 9, C hapter 4, A rticle 23 of the M unicipal C ode and S P - 20 . T he desig n, co lor and locatio n of all site and build ing signs as w ell as address num be rs shall b e p ro cesse d unde r se pa rate pe rm its. P rio r to the issuance of any sign p erm its, detaile d plans sha ll be subm itted fo r the review and appro val of the C o m m unity D eve lo pm e nt D e partm e nt.

A M E N IT IE S
10 3 . P riv ate S to rag e - A m inim um of 56 cub ic feet of private encl o sed storage area pe r unit, m ust be pro vided in garages, carports or patio areas m ust be p ro v ide d as show n on the " P ro je ct P lan S et" dated Feb ruary 15, 2024. 10 4 . A m e n ity P lay A reas - T he pro ject m ust pro vide three ( 3) ope n spa ce play areas w ithin the develo pm e nt co nsisting of one ( 1) fo r ge ne ral use , one ( 1) fo r tee nage rs, and one ( 1) fo r younge r children. T he one play area fo r children shall inc lude the fo llow ing :
a. H av e a m inim um dim e nsio n of 15 feet in any directio n unless othe rw ise approved by the C om m unity D evelo pm e nt D irector, and a m inim um area of 600 squa re feet.
b. P lay equipm e nt fo r children unde r the age of five ( 5 ) m ust be incl ude d in child play areas.
c. T he play area m ust be visib le to as m any units as po ssible to provide casua l surveillance .
d. T he play area m ust be se parated fr om traffi c and any adjacent streets or parking lots w ith a fence or othe r barrie r at least fo ur ( 4 ) feet in he ig ht. .
e. S eating fo r adults that are accom panying young e r children m ust be pro vided .
10 5 . P u b lic E xterio r S p ace - T he pub lic space located in fr ont of B uildings A and B sha ll utiliz e de corative paver stones. T he outdo or pub lic and open space area shall incorpo rate potted plant m aterials. T he size, type , and locatio n sha ll be ide ntifie d on the fo rm al landscape plan check review , subject to the rev iew and app roval by the C om m unity D eve lo pm ent D e partm e nt.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz { FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 2 0 2 3 - 7 0 0 01; S U P 20 2 3 - 7 0 011 ; and PT P 202 3 - 700 67 106. Maintenance of Common Facilities - All impro vem ents w ithin com m on areas of the pro ject incl uding lighting, landscaping, fences, w alls, buildings, and other related features shall be pro perly m aintained in accordance with conditions of this perm it as well as all applicable ordinances and shall not be altered in any m anner w ithout prior approval of the City. Any alteration, rem oval, abandonm ent, or discontinuance w ithout prior City appro val shall constitute a violation of the Developm ent Perm it and conditions and shall be suffi cient grounds fo r a Code Com pliance action.
107. Common On- Site Recreational Amenities for Residents - The applicant shall pro vide com m on on- site recreation amenities fo r the excl usive use by the residents and/ or their guests, w hich include a sw imming pool and associated courtyard w ith seating areas, interior am enity/ fitness ro om , ro of terraces and seating courtyard area as show n on the site, floor and conceptual landscape plans in the " Pro ject Plan Set" dated February 15, 2024.
108. Common On- Site Recreational Amenities for Guests of Residents - The applicant shall provide com m on on- site outdoor public am enities fo r guests of the pro ject consisting of seating, public art, w ater feature( s), gardens and ro of terraces as show n on the site, floor and conceptual landscape plans in the " Pro ject Plan Set" dated February 15, 2024. 109. Private Useable Open Space - A m inimum of 25% of residential units fa cing a street, alley or com m on interior courtyard m ust incl ude a balcony, as show n in the " Pro ject Plan Set" dated February 15, 2024. Each residential unit m ust have direct access to adjoining private open space reserved fo r the exclusive use of residents of the dw elling unit and their guests. Private open space fo r each unit m ust be a m inimum of 24 square feet w ith a m inim um dim ension of six ( 6) feet.
110. T he applicant shall subm it a building cost analysis, including the cost fo r both buildings and pro vide on- site public art equivalent to 0. 25 percent of the building cost, subm it an equivalent in- lieu fee, or combination thereof equaling the required public art percentage value.

CO M M ER C IA L USES
111. Notice to Tenants - The m anagem ent of the pro perty shall incl ude, as an addendum to all tenant leases, disclosure of the hours of operation fo r the com m ercial tenants, including the live/ w ork units, and advisem ent of the potential fo r alcoholic beverage consum ption and/ or live entertainment and special events on the site.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D EV E LO P M E NT DE PA RTM ENT CO NDI TIO NS O F A P P R O VA L FO R ; D A G R 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067 112. O u tdoo r Dining A rea Li m itatio n - O utdoor dining areas shall be subject to all requirem ents as specified in Section 9- 4 . 2523 of the Thousand O aks M unicipal Code except that no parking spaces are required fo r the first 500 square feet of outdoor dining per com m ercial unit. Any outdoor dining area m ore than 500 square feet shall re quire 1 space per 100 square feet ( as required by S P- 20).
11 '.1 . O utd o o r Dining Enclosu re - O utdoor dining areas shall be review ed in conjunction w ith any pro posed future restaurants and the applicant shall subm it a sam ple of the encl osure m aterials and colors fo r review and appro val by the Com m unity Developm ent Departm ent prior to installation. 114 . A d vertising Pro hibited on Furn iture fo r O utdoor Dining A reas - Tables, chairs and/ or um brellas w ithin any outdoor custom er dining area shall be consistent in m aterials w ith the design requirem ents fo r the com m ercial com ponent of the pro ject and shall not contain any advertising or signs. 115. O utd o o r Din ing Furn iture - The design, colors, and m aterials of the furn iture proposed fo r the outdoor custom er seating area shall be subject to the review and appro val of the Com m unity Developm ent Departm ent. The applicant shall subm it cut sheets and/ o r brochure info rm ation fo r review and appro val by the Com m unity Developm ent Departm ent.
116. Path of Travel - A m inim um fo ur ( 4) fo ot w ide path of travel shall be m aintained fo r pedestrian and disabled access circulation to and w ithin any pro posed outdoor custom er seating area.
117. Storefr on t W ind ow Display A rea - Product display and pro duct display w indow areas shall com ply w ith the fo llow ing standards:
a. The bottom of any w indow or product display w indow m ay not be m ore than three and one- half feet above the adjacent sidew alk. b. Pro duct display w indow s m ust have a m inim um height of fo ur feet and be intern ally lit.
118. Co m m ercial Operations - Com m ercial- only use areas m ust include direct service to custom ers on site and m ay not include those businesses w hich only serve off- site custom ers thro ugh delivery services. All on- site com m ercial operations shall pro vide services fr om the tenant space to the public. No " delivery- only" operations are perm itted. 119. Delivery Hours - Deliveries fo r the com m ercial uses shall be lim ited to the hours of 7: 00 A. M . to 7: 00 P .M ., seven days a w eek. Should any verified com plaint of a nuisance occur as a result of delivery hours and/ or operations, the City m ay add or m odify a pro ject condition to change the delivery hours and/ or operation to m itigate the nuisance.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P a g e 5 0 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L FO R ; D A G R 20 2 3 - 7 0 0 01; S U P 20 2 3 - 70 011 ; and PT P 20 2 3- 70 067 120. Truck Deliveries - Delivery vehicle engines shall be turn ed off during loading/ unloading activities. Signage expressing this condition of approval shall be posted at designated loading areas.
121. Live/ W o rk Units - The Com m unity Developm ent Director shall determ ine the appropriateness of all uses w ithin the designated w ork/ live unit. O ther business operations requiring interpretation as a perm issible use shall be considered by the Com m unity Developm ent Director thro ugh an appropriate perm it pro cess. The designated w ork/ live units as show n on the Pro ject P lan Set" dated February 15, 2024 shall comply w ith the follow ing:
a. The w ork portion of the tenant space shall be lim ited to the designated w ork area w ithin the first floor of the unit and exclusively operated by the occupant of the living area portion of the unit. No additional em ployees are perm itted.
b. T he com m ercial uses shall be restricted to business and pro fessional offi ces w ith individual client pro gram s, including, but not limited to, attorn eys, insurance agents, accountants, design pro fessionals, and sim ilar uses w ith low volum e custom er traffic.
c. The fo llow ing com m ercial uses are not perm itted:

1. Any business involving m edical, dental, physical therapy, or surgical use that requires additional parking other than allow ed under this special use perm it; or
ii. Any use that causes noise and/ or vibration not typical of the am bient levels in the residential area.
d. Exterior signage shall be lim ited to one on- building non- illum inated sign that shall be centered horizontally and vertically above the tenant space entrance.
e. The w ork/ live units shall not be com bined or otherw ise modified to increase the unit size.

AFF O R D A BLE HO U S IN G
122. A ffo rdab le Ho using Covenant - Appro val of this residential pro ject is subject to execution of an Affordable Housing Covenant entered into betw een the Developer and City of Thousand Oaks. Said Affordable Housing Covenant shall incorporate the fo llow ing conditions and is subject to appro val by the City Attorn ey and Com munity Developm ent Director. a. Affo rdable Housing Covenant shall be recor ded prior to final building perm it issuance. The covenant shall be recorded w ith the County of Ventura to pro vide notice and obligations to any future ow ners. b. The Affo rdable Housing Covenant shall require 44 units as affordable units. 44 units w ill be preserved to households at the low er- incom e level of 80% of the Ventura County area m edian incom e.

CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
Pag e 51 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011 ; an d P T P 20 2 3- 7 0 0 6 7 c. Developer agrees to execute an Affordable Housing Covenant with City that provides for the on- going affordability of these 44 restricted units for 55 years from the date of the City' s issuance of the final certificate of occupancy.
d. The City may extend the affordable period if the owner does not comply with the Affordable Housing Covenant.
e. Affordable I lousing Covenant shall include the affordable housing site plan identifying the location of the specific affordable unit, bedro om size, and restriction level.
f. Affordable units shall be comparable in exterior appearance and overall quality of construction to market- rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the market- rate units.
g. Affordable units shall proportional, in number of bedrooms and gross floor area of habitable space to the market rate units, including washer and dryer, and access to all amenities.
h. Affordable units shall be dispersed throughout the mixed- use and multi- family residential buildings of the development in a manner acceptable to the City. The on- site resident manager' s unit shall not be counted as one of the affordable units.
i. The operation and maintenance of the affordable residential units shall comply with applicable property maintenance and habitability codes. The deed restriction/ affordable housing covenant shall address operation and maintenance performance standards and schedules to ensure parity of operation and maintenance between the affordable residential units and the market rate units at all times.

J. The Affordable Housing Covenant shall require the Developer to create an Affirm ative Further Fair Housing Marketing plan to ensure that fair housing laws and practices are implemented.
k. The Affordable Housing Covenant shall require the Developer and future owners to annually verify and certify household income as well as tenant' s occupancy.

I. The Affordable Housing Covenant shall require the Developer and future owners to submit to the City an annual report.
m. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

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

CDD: 420- 82/ cc/ HCOMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 2 0 2 3 - 7 0 0 0 1; S U P 2 0 2 3 - 7 0 011 ; a n d P T P 20 2 3 - 7 0 0 6 7

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T - C O N D IT IO N S FO R P T P 202 3- 70067
123. L a n d a n d A p p lic atio n - The Pro tected Tree Perm it is granted fo r the land described in the application and any attachm ents thereto and as indicated on the T ree Location M ap and part of the Pro tected Tree Report, dated January 2024 prepared by Dudek.
124. S c o p e o f P e rm it A p p ro v al - The Pro tected Tree Perm it is granted to allow the fo llow ing:

Rem oval of 17 Coast Li ve O ak ( Q uercus agrifo lia) trees ( T ree Nos . 3- 8 , 10, 13- 15, 17- 18, 22- 23, 36, 46 and 50);
Rem oval of 5 Valley O ak ( Q uercus lobata) trees ( Tree Nos. 32, 40, 4 3, 51, and 52);
Encro achm ent into the pro tected zone of 6 Coast Live O ak ( Q uercus agrifo lia) trees ( Tree Nos. 9, 16, 29, 30, 35, and 37); Encro achm ent into the pro tected zone of tw o ( 2) Valley O ak Q uercus lobata) trees ( Tree Nos. 1 and 2); and
Encro achm ent into the pro tected zone of one ( 1) Holly O ak ( Q uercus ilex) trees ( Tree No. 31 ).
125. P reservatio n o f E x is tin g O a k an d Lan d m a rk T rees - The preserv ation of one coast live oak tree identified as trees num bered 20, one valley oak tree identified as tree num bered 21, and one holly oak tree identified as tree num bered 39 in the Pro tected Tree Report, is authorized under this perm it.

A ppro priate work m ethods and m onitoring are required as described in the Pro tected Tree Report dated January 2024, prepared by Dudek. 126. O ak T ree R e p la ce m e n t - The applicant shall pro vide tw o 24- inch box and one 36- inch oak replacem ent tree fo r each Coast Li ve O ak ( Quercus a g rifo / ia) tree rem oved. As such, a total of 64 m itigation trees are required:

1. 40 tw enty- fo ur ( 24") inch box specim ens, and

2. 20 thirty- six ( 36") inch box specim ens.

3. 4 sixty ( 60") inch box specim ens
Depending on nursery availability and pro ject site size lim itations, if different sized trees are proposed fo r installation, an altern ate pro posal ( considering size, quantity, tree type and site) shall be review ed and appro ved by the City of Thousand O aks Com m unity Developm ent Director during plan check.

Prior to the Certificate of O ccupancy being issued, if all of the replacem ent trees cannot fit on the developed pro ject site, the applicant shall instead either plant the replacem ent oak trees on public pro perty such as designated open space area, public parks, etc., subject to Com m unity Developm ent Director appro val; or pro vide an in- lieu cash paym ent to the CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 53 Res. No. 06- 2024 PC
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067
City' s Open Space Conservation Fund in the amount of $ 102, 614. 77, which represents the total current cost of purchasing similar tree species of the required mitigation size, transporting the trees to a receiving site, planting the tree, installing necessary irrigation, and the anticipated cost of water.

The Community Development Direct may require fewer trees to be planted off- site or a smaller in- lieu fee if the developer plants and maintains larger box- size oak trees on the project site than required by the City of Thousand Oaks Oak I ree Preservation regulation.

The Community Development Direct shall coordinate any off- site tree planting locations with the Conejo Open Space Conservation Agency COSCA) and replacement trees shall be placed on COSCA property or as agreed to by the Director of the Community Development Department. Any in- lieu fee approved by the Community Development Director in association with COSCA shall be made prior to the Certificate of Occupancy being issued for the final building.
127. Mitigation Oak and Landmark Tree Location Map - Prior to issuance of a grading permit, the applicant shall submit a mitigation tree location map demonstrating the location of the replacement trees.
128. Oak Tree Preservation and Protection Guidelines Compliance - All construction activities to or near an oak tree shall conform and abide by the City of Thousand Oaks, Oak Tree Preservation and Protection requirements as specified in Article 42, Chapter 4 of Title 9 of the Thousand Oaks Municipal Code and Resolution No. 2010- 014.
129. Removal of Tree Debris - Pursuant to Resolution No. 2010- 014, all portions of the 17 Coast Live Oak ( Quercus agrifolia) trees and 5 Valley Oak Quercus lobata) trees approved for removal, as well as any deadwood from the on- site protected trees shall be removed from the site and disposed of legally. Additionally, the stumps shall be completely removed to a minimum of four inches below grade and the hole filled with soil:
130. Pre- Construction Meeting - Pursuant to Resolution No. 2010- 014, a pre- construction meeting shall be held between all contractors ( including grading, tree removal/ pruning, builders) and the ! SA- Certified Arborist. The SA- Certified Arborist shall instruct the contractors on tree protection practices and answer any questions. All equipment operators and spotters, assistants, or those directing operators from the ground shall provide written acknowledgment of having received tree protection training. This training shall include information on the location and marking of protected trees, the necessity of preventing damage, and the discussion of work practices that will accomplish such.

CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 01 1 ; a n d PT P 20 2 3 - 7 0 0 6 7 131. O n - Site W ork M onito rin g - Pursuant to Resolution No. 2010- 014, all work described in this perm it shall be m onitored by the applicant' s Tree Consultant and it shall be the responsibility of the applicant to contact the consultant and arrange fo r the successful com pletion of these conditions.

The applicant is required to pro vide w ritten notice to the fo llow ing parties at least 48 hours prior to beginning any w ork w ithin the pro tected zone of any preserved tree: the City' s Com m unity Developm ent Departm ent, the City' s O ak Tree Consultant, the Applicant' s O ak Tree Preservation Consultant. 132. Roo t Pro tectio n - Pursuant to Resolution No. 2010- 014, w here structural fo otings are required and ro ots w ill be im pacted, the fo oting( s) shall be bridged, and the ro ots pro tected. All such ro ots shall be covered w ith a layer of plastic cloth and tw o to fo ur inches of Styro fo am m atting, or other pro tective m easure as approved by perm it, prior to pouring the fo oting. 133. Ro ot Preserv ation - During excavation, if an oak and/ or landm ark tree ro ot over tw o inches ( 2") in diam eter is encountered, the applicant shall im m ediately contact Planning Division of the Com m unity Developm ent Departm ent to schedule a field inspection to determ ine if it is appro priate to cut the ro ot( s) or w hether the im pro vem ents need to be redesigned and/ or relocated to avoid ro ot dam age to ensure preservation of the trees. 134. Pro tective Fencing , Flagg ing and S ig nag e fo r Onsite O ak Trees - Pursuant to Resolution No. 2010- 014 , an Intern ational Society of A rboriculture ( ISA ) Certified Arborist shall be retained to oversee that all rem aining trees that w ill not be relocated or rem oved shall be preserved and pro tected in place. Prior to any grading or construction activities, the applicant and the applicant' s Tree Consultant shall confirm w ith the Com m unity Developm ent Departm ent that required signage and protective chain- link fencing ( or other m aterial satisfactory to City of Thousand Oaks planning staff) m easuring a m inim um of five ( 5) feet in height shall be placed at the pro tected zones ( appro xim ately 15 feet from the trunk or 5 feet outside the dripline, w hichever is greater, of each tree or edge of canopy fo r cluster of trees) or construction lim its fo r all on- site and off- site pro tected trees in accordance w ith the O ak and Landm ark Tree Preservation and Pro tection requirem ents.

Additionally, signs m ust be installed on the fence in fo ur locations equidistant) around each tree. The size of each sign m ust be a m inim um of tw o ( 2) feet by tw o ( 2) feet square and m ust contain the language as recom m ended by the Applicant' s O ak Tree Preservation Consultant.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 5 5 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 2 0 2 3 - 7 0 011 ; an d PT P 20 2 3 - 7 0 0 67 135. M itig atio n Tree M aintenance - An irrigation system designed for dryscape" planting shall be installed for successful oak establishment, which generally involves a drip- system irrigation for managing water distribution near the oak trees and does not include watering during summer months when natural rainfall would not be abundant. Maintenance shall include leaving the leaf- litter build- up or a 3- inch layer of mulch under the canopies of the oak trees to promote l1ec:1ll11y lree growth and root development.

In the event a mitigation trees dies or is otherw ise removed, each dead or removed tree shall be replaced with 2- 24" box and 1- 36" box oak trees of the same Genus and species.
136. O ak and Land m ark Tree M aintenance - The continued maintenance of all on- site oak and landmark trees is the responsibility of the property owner.

All oak trees shall be maintained in accordance with the Oak Tree Preservation and Protection Guidelines Resolution 2010- 14. 137. Use of Han d To o ls - Unless otherwise authorized by the Community Development Director, all work, other than the tree removals, within the pro tected zones of oak and landmark trees shall be performed with hand tools only and perform ed under direct supervision of the applicant' s oak tree consultant.
138. Excavatio n in Pro tected Zo nes - All excavation and construction activity within the protected zone of the existing oak and landmark trees shall be perform ed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Guidelines Resolution, No. 2010- 14, and observed in progress by the applicant' s oak tree consultant. 139. Storag e of M aterials - No storage of materials is permitted within the pro tected zones of any oak and landmark trees.
140. Irrig ation/ L and scap ing Encro achm ents - All plans for landscaping beneath a protected tree shall be submitted for the review and approval of the Community Development Department.
141. Drain ag e - Positive drainage shall be provided to direct run- off away from any protected tree.
142. Lig hting Encro achm ents - No lighting system shall be installed within the pro tected zone of any oak tree or landmark tree except as otherwise authorized by the Community Development Department.

CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz { FILE ID: SUP- 2023- 70011)
P ag e 5 6 Res. No. 06- 2024 PC
C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 2 0 2 3 - 7 0 0 0 1 ; S U P 20 2 3 - 7 00 1 1 ; a n d PT P 20 2 3 - 70 0 6 7 143. Herbicid es - No herbicides shall be used w ithin one hundred ( 100) feet of the dripline of any oak and landm ark tree.
144. Billin g by City Oak and Landm ark Tree Consultant - The applicant shall be billed on a real tim e basis fo r any w ork perform ed by the City' s oak and landm ark tree consultant in conjunction w ith the O ak Tree Perm it. 145. W ritt en Certifi cation - The applicant' s oak/ landm ark tree consultant shall certify in w riting that all conditions of the O ak Tree Perm it have been m et and that pro tective m easures, to ensure the preservation of the subject oak trees, have been pro perly im plem ented. A final inspection by the City' s O ak and Landm ark Tree Consultant, paid fo r by the applicant, shall be perform ed upon receipt of cert ification and prior to final inspection fo r building occupancy.

BU ILD IN G SA FET Y DIV IS IO N
146. Bicycle Parking - In accordance w ith the 2022 Califo rn ia G reen Building Standards Code, Section 5. 106. 4 , the num ber of short- term bicycle parking facilities shall be equivalent to 5% of pro posed vehicl e parking. The num ber of long- term bicycle parking fa cilities shall be equivalent to an additional 5% of pro posed vehicle parking. The configuration and location of all bicycle parking facilities shall be as re view and appro ved by the City Planning Division. T he bicycle parking shall be designed to pro vide tw o ( 2) points of contact on the bicycle, be supported upright, and cause no stress onto tires.

All pro vided bicycle parking shall be able to accom m odate a standard U- lock. a. Short- term bicycle parking spaces are to be pro vided on site near the fr ont entrance. Bicycle parking should be located along the natural desire lines of travel from the bikew ays to the facility entrance, in w ell- lit areas visible from the front entrance and public areas, in the nature of a bicycle corral or racks. Bicycle parking shall be located outside of pedestrian w alkw ays, loading areas, landscape planters, etc. W here feasible, bicycle- parking areas should be covered.
b. Long- term bicycle parking spaces shall be convenient from the street and shall be provided in one or m ore of the fo llow ing configurations:

1. Covered, lockable enclosures w ith perm anently anchored racks fo r bicycles;

11. Lockable bicycle ro om s w ith perm anently anchored racks; or iii. Lockable, perm anently anchored bicycl e lockers.
c. The applicant shall subm it a bicycle parking plan to be review ed and appro ved by the Chief Building O fficial, Traffic Engineering representative in the Engineering Services Division, and the Com m unity Developm ent Director ( or his/ her appointee). All bicycle parking shall com ply with AASHT O , NA C TO , or APBP standards, as perm itted by the Califo rn ia Building Code.

COD 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

C O M M U N IT Y D E V E L O P M E N T D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 7 0 0 0 1; S U P 20 2 3 - 7 0 011; an d PT P 20 2 3 - 70 0 6 7 147. Title 24 Co m pliance - All requirem ents of Califo rn ia Unifo rm Building Code, T itle 24, Califo rn ia Code of Regulations, shall be m et. A set of plans, at a scale not less than one inch equal to ten feet ( 1 "= 1 0') shall be subm itted to the Com m unity Developm ent Departm ent displaying all exterior physically disabled accessibility requ irem ents, incl uding point elevations and details. Prior to the issuance of building perm its, the accessibility requirem ents fo r the exterior shall be appro ved by the Building Division fo r disabled access com pliance.
148. Path of Travel - T he path of travel fr om the accessible parking spaces to the building entrances shall m eet the current standards of the Califo rn ia Unifo rm Building Code.
149. Interior Design A p p roval - The accessibility requirem ents fo r the interior of the pro posed buildings w ill be review ed w hen construction docum ents are subm itted for plan check to the Building Division.

COD 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

P U B LI C W O R K S D E P A R T M E N T C O N DI T IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 70 0 0 1; S U P 20 2 3 - 7 0 0 1 1 ; an d PT P 2 0 2 3- 7 0 0 6 7

P U B LI C W O R K S D E P A R T M E N T

G E N E R A L
150. P la n Fo rm at - A ll plans subm itted to the Public W orks Departm ent shall be fo rm atted to 24 inch by 36- inch sheet size, using city standard title block, and as- built/ record plans shall be subm itted as part of the closure and acceptance of the pro ject.
151. S tan d ard P lates - The City of Thousand O aks Public W orks Road Design and Construction Standards and Standard Plates, adopted M ay 15, 2018 in Resolution No. 2018- 024 shall be used as the principal criteria fo r the design of developm ent plans. It shall be the responsibility of the applicant to m aintain a copy of the latest edition of said Plates available to all parties utilizing said P lates fo r construction purposes. The Standards establish unifo rm criteria, polices, standard and pro cedures fo r the design and construction of City ro ads, drainage facilities and appurtenances. The design engineer shall review the m ethods and pro cedures contained in the Road Standards, w here not considered applicable, the design engineer shall request an exception from these standards in w riting to be appro ved by the City Engineer. Said Road Standards are available fo r dow nload at w w w . toaks. org/ ro adstandards.
152. U p d atin g of E x istin g Im p ro v em e nt D raw ing s - All existing im pro vem ent draw ings in the Departm ent' s possession fo r w ater and w astew ater w hich are aff ected by the subject pro ject w ill be updated by the City to reflect the new im pro vem ents associated w ith this pro ject. This w ork shall be considered as part of the project final pro cess, and subject to a change order fee.
153. B ase T o p o g rap h y M a p - T he grading plan fo r this project m ust be prepared using topography w hich has been plotted by photogram m etric m ethods or survey data com piled no longer than tw o years prior to the date of subm ittal of the grading plan and m ust be on current City datum . The nam e of the firm w hich prepared the topography and the date( s) on w hich the data was com piled or obtained m ust be show n on the plan. Topography m ust be presented in 1" = 40' or larger ( closer) scale and m ust extend a m inim um of 100 feet outside the lim its of the property pro posed fo r developm ent. Any deviation fro m this condition m ust be appro ved by the City Engineer.

CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P a g e 5 9 Res. No. 06- 2024 PC
PU B LI C W O R KS DE P A RTM ENT C O ND ITIO NS O F A P P R O V A L FO R ; DA G R 2023- 70001; S U P 2023- 70011; and PTP 2023- 70067
154. Title Report - A copy of the applicant' s prelim inary title report fo r the subject pro perty, dated w ithin 1 year of the entitlem ent application, shall be subm itted to the Public W orks Departm ent fo r review prior to grading plan- check or the issuance of any Building or G rading Perm its. 155. Inspection Hours - The applicant is advised that City Hall is closed on altern ating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, storm w ater, encro achm ent, paving and utility w ork requiring City inspection accordingly. A schedule of City Hall hours m ay be obtained from City Hall or at the City' s w ebsite w w w . toaks. org.
156. Survey Monuments - The Applicant shall be fully responsible fo r the preservation of all survey m onum ents to the satisfaction of the City Engineer. Prior to the issuance of any perm it and start of construction and prior to the disturbance or destruction of any existing survey m onum ent, all m onum ents shall be located and referenced w ith m inim um of fo ur ( 4) ties by the Applicant' s Land Surveyor. A corn er record or record of survey shall be filed w ith and appro ved by the County S urveyor show ing m onum ents that w ill be disturbed or destro yed, along w ith the reference m onum ents or m arks and bearings or azim uth and distances to the location of the m onum ent to be disturbed or destro yed. Docum entation shall be pro vided to the City that the surveying has been com pleted. Prior to com pletion of construction, all affected m onum ents shall be reset by the applicant' s Land Surveyor. A corn er record or record of survey shall be filed w ith and appro ved by the County S urveyor prior to the recording of a certificate of com pletion fo r pro ject. Docum entation shall be pro vided to the City that the surveying has been com pleted.

W A TER A ND W AST E W AT ER
157. Water Service Requirements - In or der to obtain w ater service, the applicant shall pay fo r the Cost of the W ater M eter Deposit plus the City' s W ater Plant Investm ent Fee, at the rates in effect at the tim e of paym ent, prior to issuance of a building perm it. Additional fees fo r special facilities zones and fire flow surcharges m ay also apply. T he applicant shall also pay the established change order fee fo r updating the plans fo r this new lateral. 158. Fire Water Service - If required by the Fire Departm ent to install fire sprinkler system s, the applicant shall install a new separate fire w ater service line to the building, along w ith associated double detector check valve to pro tect the dom estic water supply. Applicant is encouraged to contact the County of Ventura' s Enviro nm ental Health Division fo r details pertaining to the selection, installation and testing of the double detector check valve assem bly. ·
CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P age 60 Res. No. 06- 2024 PC
PUB LI C W O R K S D EPA RTM E N T C O ND ITIO NS O F A P P R O V A L FO R ; DA G R 2023- 70001; S U P 2023- 70011; an d PTP 2023- 70067
159. Fire- Flow Verification - The applicant shall pay the Department a fee for calculation and verification of the existing water system to deliver required fire flows. In the event the fire flow, as determined by the Ventura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main( s) of sufficient size and length, as determ ined by the Department, to provide said fire flow. A completed copy of the above- mentioned fire flow calculation must be provided to the Departm ent before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be checked or processed unless these calculations, along with a copy of the plan showing locations for pro posed fire hydrants approved by the Fire Department, are submitted.
160. Cross Connection Device - The applicant shall design and construct new backflow connection devices for the project' s irrigation water as well as fire sprinkler systems. Prior to the issuance of clearance for occupancy by the Department, all cross- connection control devices must be inspected and approved by the Cross Connection Contro l 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 W orks Department.
161. Usefulness of Existing W ater Laterals - W here there are existing water laterals serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Department that the lateral( s) are in acceptable condition ( no broken pipe, no root intrusion, etc.). These laterals must be made of copper; all poly services must be abandoned at the main under Department inspection and the meter boxes removed. Laterals that are not appropriate for re- use must be abandoned at the main under Department inspection.
162. Revision to W astewater Design and Construction Standards - For Cleanouts and Slopes of Mains: the end of all mains shall terminate in a manhole rather than a cleanout, regardless of the downstream length to the next manhole. The m inimum slope for wastewater mains shall be 1 percent where the main has less than 10 residences connected to said main. In streets with grades of less than 1. 5 percent, the engineer shall attempt to attain the maximum slope possible on wastewater mains in those streets.

CDD420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P age 61 Res. No. 06- 2024 PC
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067
For manholes: Standard Plates 17 through 20 are modified to provide that all joints between the barrel sections/ riser shafts and/ or cone sections shall be wrapped aro und the exterior circumference of the shafts with " Rub- R- Neck" and joints sealed with " Ram- Neck" mastic joint sealer ( both as manufactured by the Henry Company Sealants Division, 1277 Boyles Street, Houston, Texas 77020) or approved equal. Manholes shall be negative pressure tested as specified in ASTM Designation C 1244- 93.

Steps shall not be installed in the manholes.

For manhole frame and covers: The Alhambra A- 1254 frame and cover specified on Standard Plate 17 shall have a cover diameter of 26¼ inches, along with lettering conforming to Section 3. 10 of the City' s " Wastewater Design and Construction Standards". A note shall be shown on the title sheet of the wastewater plans indicating the last two revisions mentioned above for manhole construction.
163. Procedure fo r Determination of W astewater Fees - Prior to issuance of a building perm it for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Departm ent for determ ination 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.

The applicant is strongly encouraged to contact the Public W orks Department prior to needing building permits to determine if additional fees are due.
164. 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 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 CDD420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70001; S U P 2023- 70011; and PTP 2023- 70067
property line and making a visual inspection of the lateral. Other methods may be utilized, but are subject to 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). Laterals that are not appropriate for re- use must be abandoned at the main under Department inspection.
165. Restaurant/ Cafeteria Grease Interceptor/ Trap - The applicant shall install a grease interceptor ( sized as required by the City' s Building and Safety Division) to collect and treat oil and grease wastes from any restaurant use prior to discharge to the wastewater system.

DEVELOPMENT ENGINEERING
166. Encroachment Permit- Where any construction occurs within public right- of- way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/ security posted ( if required) prior to initiating construction of any improvements.
167. Underground Conduits - Pursuant to the City Council policy and Resolution No. 91- 17 4, adopted on July 23, 1991, the applicant shall install a m inim um tw o- inch diam eter conduit capable of carrying coaxial or fiber optic cable suitable fo r carrying health and safety features such as fire alarm , water m eter reading, telecom m unications, etc. S aid conduit shall be continuous and placed behind the sidewalk or curb within a public service easem ent or within a public right- of- way, where applicable. Pull boxes shall be placed at alternate property lines of all lots. The conduit and pull boxes shall be of materials approved by the Public Works Department. The conduits and pull boxes shall be dedicated to the City. The architecture and technical specifications of the conduit system shall be subject to the review and approval of the City Engineer. A 1"= 100' scale plan shall be prepared under the direction of a Registered Engineer and shall be submitted to the City Engineer for review prior to approval of the final map or improvement plans. The plan shall include details and general notes, and shall be part of the plan set.
168. Permission for Offsite Construction - Prior to the issuance of a grading permit, written permission for all proposed offsite construction along with any required easements from the owners of the affected property shall be submitted to the City Engineer.

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70001; S U P 2023- 70011; and PTP 2023- 70067
169. Blasting - If blasting is fo und to be necessary within the tract boundaries, a m odification to the grading perm it shall be required, w hereupon special pro visions relating to the pro tection of adjacent com m ercial areas fr om dam age shall be m ade a part of said grading perm it.
170. Hauling of Imported or Exported Materials - This pro ject w ill require exporting of earth fr om the project site. P rior to issuance of a grading perm it the applicant shall subm it a w ritten pla n to the Departm ent fo r review and appro val. Said plan shall detail the quantity of earth to be exported, the location to w hich the earth w ill be taken, the pro posed haul ro utes to be used, the size and num bers of the trucks to be used, the pro posed hours of operation ( tim es of day, days of the w eek, and estim ated num ber of days), the estim ated num ber of ro und trip truck m ovem ents, the pro posed m ethods to be utilized to keep the haul ro ute clear of any dirt dropped along the route, and any other info rm ation as m ay be required by the Departm ent. 171. Grading Permit and Soils Certification - The applicant shall prepare and subm it final grading plans, im pro vem ent plans, ero sion control plans, BMP im pro vement 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 requirem ents of the City' s Grading Ordinance. Applicant shall also prepare and subm it detailed erosion contro l plans for both phases of land development; the pre- grading/ site stabilization phase, as well as the post grading/ building construction phase. T he qradinq and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed improvements, drainage features, water/ wastewater connections and laterals, existing easements, interface with adjacent pro perties, storm drain and drainage systems, and street improvements.

All subm ittals shall include the com pleted public and private improvement cost estim ate w orksheets, the required plancheck and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant' s engineer provides a submittal of the final Record ( as- built) Drawings.
172. 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 subareas 238C of said Master Plan, with 010 = - 1 .73 cfs/ acre and 0100 = 3. 02 cfs/ acre. The CFS- per- acre unit COO 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

P U B LI C W O R K S D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 70 0 0 1; S U P 20 2 3 - 7 0 0 1 1 ; a n d PT P 20 2 3 - 7 0 0 6 7 discharge in the M aster Plan shall be used w hen preparing the 010 developed) discharge flow s and fo r the detention calculations up thro ugh 0100.
173. On- Site Drainage - Project design and engineering plans shall show drainage flow s to street and/ or yard drains and elevations. 17 4. Drainage Study - The applicant' s engineer shall prepare a hydraulic/ hydro logy analysis fo r the project. The study shall include, but is not lim ited to addressing offsite tributary flow s, retention/ detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. T he fo cus of the study is to ensure the existing conveyances possess suffi cient capacity to pass the 010 ( developed) and to dem onstrate that no new flooding w ill occur adjacent to or upon the pro perty during a 0100 event as a result of developm ent. The study shall be subject to the review and appro val of the C ity Engineer prior to grading perm it issuance. 175. On- site Ribbon Gutters - T he City prohibits the use of ribbon gutters and encourages the use of graded parking lots w ith perim eter curb and gutter to convey flow aw ay fr om pedestrian pathw ays. Parking lot and drive drainage shall confo rm to this standard. The use of ribbon gutters w ill only be considered under special circum stances as determ ined by the Public W orks and Com m unity Developm ent Directors ( T O M C 9- 4. 2405). 176. Parking Structure Drainage - The City pro hibits the discharge of pressure- w ashing effl uent, antifr eeze and m otor oils into either the w astew ater system or storm drain system . Inasm uch as these are the anticipated discharges fr om the interior of the parking structure, the applicant shall incorporate a blind sum p containm ent area w ithin the parking structure designed to capture and store such discharges. Pro visions shall be pro vided fo r periodic pum p- out of the blind sum p via tanker truck w ith disposal in confo rm ance w ith all local, state and federal regulations. The ro of and other surf aces of the parking structure directly exposed to rainfall m ay be drained and discharged in accordance w ith NP D ES design param eters fo r a norm al, rainfa ll- exposed surf ace parking lot. 177. Building Pad Pro tection - T he project engineer m ust pro vide analysis to dem onstrate building pad pro tection fr om 0100 flow s. O n- site discharges including ro ofs, etc) shall be detained behind a w all, graded barriers or curb, and m etered thro ugh a w eir or other controlling device, constraining discharge to the 010 developed condition fo r the tributary area. Applicants' engineer m ust prepare calculations to support this design. Said calculations m ust be approved by the City Engineer ( TO M C 4- 7. 01 ).

CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

PU B LI C W O R KS DE P A RTM E NT C O NDI TIO NS O F A P PRO VA L FO R ; DA G R 2023- 70001; S U P 2023- 70011; and PTP 2023- 70067
178. FEMA Flood Plain - A portion of the pro perty lies w ithin a FEM A designated flood plain. All pro posed im provem ents shall be located outside the designated flood plain. If applicant chooses to apply fo r a Letter of M ap Revision ( LO M R ) to revise the flood plain lim its, building perm its fo r the pro posed structures w ill not be issued until the LO M R is appro ved by FEM A .

T his requirem ent is lim ited to structure s and not im provem ents such as flat w orks, sidew alks, etc.
179. Detention of Onsite Storm Flows - T he applicant' s engineer shall prepare a hydraulic/ hydro logy analysis fo r the site and design onsite catch basin( s) and conveyances w hich w ill pass only the 010 ( developed) flow s into the public storm drain system . All flow s in excess of 010 ( developed) up to and including 0100 ( developed) m ust be detained on- site. A sim plified detention m ethod is available fo r this site.
180. Existing Improvements - Existing im provem ents adjacent to the property, including but not lim ited to sidew alks and curb & gutter w hich are bro ken or uneven shall confo rm to City and ADA standards, and if deem ed necessary by the City Engineer, shall be repaired or replaced.
181. Sidewalk Improvements - Existing sidew alk along Thousand Oaks Boulevard shall be rem oved and replaced w ith a new 10- fo ot w ide sidew alk, and existing sidew alk along Lom bard Street shall be rem oved and replaced w ith a new 8- fo ot w ide sidew alk per City Plate No. 8- 3. Dam aged curb and gutter shall be replaced per City Plate No. 8- 2.
182. On- site Paving - An appro ved pavem ent section fr om the registered soils engineer of record shall be subm itted to the City prior to initiating the construction of on- site parking, paving, and/ or dra inage im pro vem ents TO M C M C 9- 4. 2405).
183. Existing Storm Drain - There is currently a 6. 5 feet w ide by 6 feet high concrete box culvert situated along the southw estern pro perty line. The storm drain easem ent depicted on existing m aps has not been accepted by the City. Consequently, the box culvert is privately ow ned by the applicant and the adjacent pro perty ow ner. Both property ow ners share the responsibility of m aintaining the box culvert. If the applicant intends to dedicate the box culver to the City for m aintenance, they m ust enhance it to m eet City standards acceptable to the City Engineer.

NA T IO NA L PO LLUT A NT DISC H A RG E ELI M IN A T IO N SYST EM CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 66 Res. No. 06- 2024 PC
PU B LI C W O R K S D EPA RT M ENT CO N D ITIO NS O F A P P R O VA L FO R ; DA G R 2023- 70001; S U P 2023- 70011; and PTP 2023- 70067
184. NPDES Permit Compliance - Developm ent shall be undertaken in accordance w ith conditions and requirem ents of the Ventura Countyw ide Storm w ater Q uality M anagem ent Pro gram , National Pollutant Discharge Elim ination System ( N PD ES) Perm it No. CA S004002. The pro ject shall em ploy NPD ES best m anagem ent practices in accordance w ith the latest applicable version of the Countyw ide Storm w ater Pro gram " Technical G uidance M anual" and the Califo rn ia Storm w ater Q uality Association C A SQ A ) " BM P Handbooks" and/ or other appro ved reference docum ents cited in Perm it No. CA S004002 ( M . C . 7- 8. 302).

The Los Angeles Regional W ater Quality Contro l Board appro ved a new M S4 perm it fo r local m unicipalities in Septem ber 2021 to im plem ent starting in 2024. All pro jects not deem ed " com plete" from a planning/ entitlem ent standpoint by the tim e the new perm it goes into effect w ill need to com ply w ith the new post- construction storm w ater requirem ents. 185. MS4 Stormwater Retention Requirements - T he pro ject m eets the thresholds requiring storm w ater treatm ent and site retention specified in the Ventura County NP DES M unicipal Storm w ater Perm it ( M S4) and 2011 Technical G uidance M anual ( TG M ). The pro ject shall design, construct and m aintain treatm ent and retentive catchm ents that w ill capture, treat and retain all rainfall runoff fr om disturbed and directly- connected im pervious areas aff ected by the pro ject. The design shall function fo r the first three- quarter- inch ( 3/ 4") of all rainfa ll events, including draw dow n and elim ination of the captured runoff w ithin 72- hours of the rainfa ll event. Draw dow n m ay typically be achieved via gro undw ater recharge/ percolation or vegetative irrigation/ evapotranspiration. Treatm ent of the site' s pollutants of concern is preferably addressed thro ugh vegetative contact and other natural biological processes. Further details and design requirem ents are available at ww w . vcstorm w ater. org.
186. BMP Sizing Requirements - Prior to issuance of a grading/ paving perm it, the pro ject' s engineer shall prepare analyses to dem onstrate that the pro posed Best M anagem ent Practices ( BM P' s) fo r storm w ater treatm ent w ill m itigate pollutants of concern . The analyses shall include calculations dem onstrating that the selected B M P' s m ust satisfy one of the fo llow ing sizing criteria:

Treat the storm flow equivalent to ten percent ( 10%) of the 50- year peak flow ; or
CDD420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
P ag e 6 7 Res. No. 06- 2024 PC
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067
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 I Commercial ( 1993)" and the " Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Meesures ( 2002)."
187. Inlet Labels - All on- site drain inlets, whether newly constructed or existing, shall be labeled " Don' t Dump - Drains to Creek" in accordance with City requirem ents prior to final acceptance.
188. Landscaped Areas I Roof Drains - Landscaped areas shall be designed w ith effi cient irrigation to reduce runoff and pro m ote surf ace filtration and m inim ize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Unless otherwise recommended in the soils report, on- site stormwater discharges ( including roof drains if applicable) shall be directed toward landscaped areas. Applicant may employ pervious landscaping design, rainfall capture pocket- planters, and other L. I. D. - techniques and measures to the maximum extent practicable.
189. 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 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
CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)

PUBLI C WORKS DEPARTMENT CONDI TIONS OF APPROVAL FOR; DAGR 2023- 70001; SUP 2023- 70011; and PTP 2023- 70067
E. Ero sion Contro l/ Dust Contro l
F. Recycling/ D isposal
G . Hazardous M aterials Identification and Response
190. Deed Restrictio n Reg ardin g Best M anagem ent Practices ( B M Ps) - Prior to issuance of occupancy, the applicant/ ow ner shall record a Prior to issuance of occupancy, the applicant/ ow ner shall record a Storm w ater Covenant and Deed Restriction, requiring all pro perty ow ners and their successors in interest to assum e all duties and responsibilities fo r ongoing m aintenance of all onsite perm anent stor m w ater BM P' s, including, but not lim ited to, m aintenance of all Best M anagem ent Practice and any and all equipm ent w hich is required fo r im plem entation of Best M anagem ent Practices. Contained w ithin the Covenant and Deed Restriction m ust be a description of the BM P' s that are being pro vided as part of the pro ject, a description of the inspection and m aintenance requirem ents and pro cedures, and a site m ap indicating the location of the BM P' s to be m aintained. The draft language and contents included in the Covenant and Deed Restriction shall be subm itted to the City Attorn ey' s O ffi ce and Public W orks Departm ent fo r review and appro val prior to issuance of building/ paving/ grading perm its ( TO M C 7- 8. 4 01 ( c)).

SU ST A IN A BILI T Y
191. Trash Hau ler A pp ro val - Prior to issuance of a trash enclosure building perm it, the applicant shall pro vide a letter fr om Athens Services, the City' s trash hauler, indicating they have review ed the pro ject plans and that the enclosure locations and orientation as show n are acceptable to their com pany fo r purposes of trash and recyclables pick up. Contact Athens Services at ( 805) 852- 5264, or visit their Sustainability Center at 2251 E.

T housand O aks Blvd.
192. Construction/ D em o lition Deb ris Recyclin g Plan - Required: Prior to the issuance of a dem olition perm it ( w here the site contains existing structures or fa cilities) or of a grading/ building perm it, the applicant shall subm it a Construction and Dem olition ( C & D ) Debris Recycling Plan to the Departm ent fo r review and appro val.

T he applicant m ust divert a m inim um sixty- five percent ( 65%) of all C& D w aste m aterials generated from the pro ject. The C& D Debris Recycling Plan shall indicate the pro posed m eans of disposition of all C& D w aste m aterials, including but not lim ited to, asphalt, concrete, w ood, dryw all, brush and vegetation, landscaping m aterials, lights, piping, concrete block, m etal, and the like, w hich w ill be recycled, reused, salvaged, and / or delivered to a CDD420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID SUP- 2023- 70011)
P age 69 Res. No. 06- 2024 PC
P U B LI C W O R K S D E P A R T M E N T C O N D IT IO N S O F A P P R O V A L F O R ; D A G R 20 2 3 - 70 0 0 1; S U P 20 2 3 - 7 0 0 11 ; an d PT P 20 2 3 - 7 0 0 6 7 landfill. The Recycling Plan must also include estimated weights of the materials, 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.
193. So lid W aste, Recycling and Organ ics Collection - American with Disabilities ( ADA) accessible, covered 3- bin enclosures with a ramp ,= m ~ required for the collection of solid waste, recycling, and organics ( food waste). The design of the enclosure must be large enough to accommodate collection containers for source- separated solid waste, organic waste, and recyclable materials.

Refer to the City' s revised waste ordinance ( November 16, 2021) governing the enclosures' locations, specific sizing, configuration, and clearances. Resident access to Waste Enclosures serving MFD- C or MXD developm ents via walk- up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel, unless as otherwise approved by Public Works and Com munity Development Departments. The site plan shows the location of the enclosures with the expected travel path and distance in feet to the furthest door served by that enclosure exceeding the 150- foot standard. Please revise or Public W orks Sustainability Division contact at 805- 449- 24 72 to discuss options.

Locations with preparation areas like Kitchens or Cafes should have organics collection containers included in the back of house and in the front of house if the occupants dispose of finished food and packaging materials.

Organics containers should also be located in break rooms, kitchens, or other locations where fo od is commonly consumed.

Please add the bulky item collection location( s) to the site plan showing the enclosures, bin placement, and doors.
194. M and atory Organics Recycling - The applicant/ owner is hereby notified that California State law requires businesses, schools, hospitals, restaurants, government buildings and other commercial properties to begin separating and recycling their organic waste ( food waste, yard waste, food- soiled paper). Effective January 2017, businesses generating 4+ cubic yards per week of organic waste shall implement the above- stated separation requirem ents. Effective January 2019, businesses generating 4+ cubic yards per week of combined trash and organics waste shall implement the above- stated separation requirements.

CDD: 420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 07 A 500 E TO BL VD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P a g e 7 0 Res. No. 06- 2024 PC
PUB LI C W O R KS DEP A RTM E NT C O N DI TIO NS O F A P PR O VA L FO R ; DA G R 2023- 70001; S U P 2023- 70011; an d PTP 2023- 70067
195. Trash/ Recycling Areas - The applicant proposes chutes and trash receptacles for on- site trash and recyclable collection. Bins within trash enclosure spaces shall be afforded a 9' 0" interior soffit clearance and means to keep bins separated and easily accessed for trash deposits and disposal. Trash and/ or recycling areas shall be covered and shall be designed in accordance with the City' s latest Refuse Enclosure Space Requirements. Receptacles for trash, recyclables, and organics recycling shall be available within each enclosure. All litter/ waste material shall be kept in leak proof containers. Area( s) shall be paved with impermeable material and include zero- slope upon interior slabs. No other area shall drain onto these areas. The trash enclosure and/ or recycling area( s) shall not drain to the storm drain system nor the sanitary sewer, shall not have a hose- bib or other water supply, and all cleaning shall be performed using dry cleanup methods. The trash enclosures and their placement shall be designed to accommodate the above considerations, as well as access requirements of the City' s waste hauler. Compactor units that are self- contained and watertight may remain exposed to rainfall provided the surrounding area is frequently inspected and cleaned.
196. Operational Recycling Plan - Prior to occupancy, in accordance with the City' s Enclosure Space Regulations, each applicant and/ or owner must submit a Recycling Plan pertaining to operational solid waste management after occupancy. A completed Recycling Plan form must be submitted for review and approval by the Public Works Department. A Certificate of Occupancy cannot be issued by the Community Development Department until the form is completed and processed by the Public W orks Department. 197. Bulky Item Collection - A covered location shall be providedf or occupants to place bulky items for collection by the authorized hauler. Access door( s) and egress walkways shall be clearly shown that is adequate to accommodate King- size mattresses and sofas ( 84" length and 40" depth). 198. Operational Plan - Operational Diversion plans are required before occupancy.
199. Turf Landscape - State law and City Ordinance prohibit non- functional turf in commercial developm ents. Replace the non- functional with an alternate groundcover, such as California native grasses, UC Verde Buffalo Grass or non- invasive Kurapia. If the developer proposes turf as part of the project, please include an explanation of why it is " functional turf" and request a waiver from the Sustainability Division. Low flow irrigation systems are required for new gro undcover installations.

CDD420- 82/ cc/ H COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)
P ag e 71 Res. No. 06- 2024 PC
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR; DAGR 2023- 70 0 0 1; S UP 2023- 70011; and PTP 2023- 70067

TR A FFIC
200. T raffic Mitigation Fees - The applicant acknowledges that the subject developm ent w ill im pact traffi c and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non- refundable fees no later than prior to the issuance of building permits. 01 Sight Distance - Adequate vehicular and pedestrian sight visibility shall be pro vided 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 ongoing maintenance to guarantee the preservation of sight visibility).

Stopping sight distance shall be the principal criterion 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 gro und. 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, Covenants, Conditions, and Restrictions shall require continued compliance with this condition and the requirements contained within Plate 3- 10. 202. In g re s s a n d e g re s s - The proposed Thousand O aks Boulevard driveway shall accommodate full inbound movements and right- turn outbound movements only. The proposed Thousand Oaks Boulevard driveway shall not have a separate phase at the Thousand Oaks Boulevard and Hodencamp Road intersection traffic signal. The proposed Lombard Street driveway shall accommodate full inbound and outbound access. Upon occupancy of the project, any modifications to driveway access and adjacent signal operations shall be determined by the Department of Public W orks.
203. S ig n in g , Striping & Signal Plans - Prior to grading permits, the developer shall subm it plans to the City Engineer for review and approval detailing proposed signing, striping, and/ or signal modifications along Thousand Oaks Boulevard at the Hodencamp Road and Lombard Street intersections, as required by the Public Works Department. Signing, striping, and signal work shall be shown on a plan sheet separate from the proposed street improvements. The signing, striping, and signal plans shall include the following modifications at Thousand Oaks Boulevard/ Hodencamp Road:

CDD: 420- 82/ cc/ H: COMMON/ Planning Commission/ Agenda Packet/ 2024/ 2024- 04- 22/ 0? A 500 E TO BLVD SUP 23- 70011 Staff Report/ pz ( FILE ID: SUP- 2023- 70011)