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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS DETERMINING THAT THE PROJECT IS
CATEGORICALLY AND STATUTORILY EXEMPT FROM CEQA
AND APPROVING A RESIDENTIAL PLANNED DEVELOPMENT
PERMIT MAJOR MODIFICATION, TENTATIVE TRACT MAP
MINOR MODIFICATION, AND UNDERGROUND UTILITY WAIVER;
APPLICATIONS: RPD 2023-70014, TTM 2023-70001, UUW 2026- 70003; APPLICANT: PEOPLE’S SELF-HELP HOUSING;
LOCATION: 384 ERBES ROAD, ASSESSOR PARCEL NUMBERS
(APNS): 670-0-250-290 AND 670-0-250-210
The City Council of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
SECTION 1
WHEREAS, at the March 19, 2024, City Council public hearing, the City Council found that the subject 78-unit three-story affordable housing townhome project was Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 32 Section 15332 – In-fill Development and Statutorily Exempt pursuant to Section 15194 – Affordable Housing Exemption, approved RPD 2023-70014, TTM 2023-70001, PTP 2023- 70125, and LPC 2023-70020, declared the site exempt surplus land and authorized the City Manager to finalize and execute Disposition and Development Agreement (DDA) #13646-2024; and
WHEREAS, at the March 19, 2024, City Council public hearing, the City Council approved the following concession and waiver, and modifications in accordance with State Density Bonus Law and the Thousand Oaks Municipal Code to waive or modify development standards associated with the construction of an affordable 78-unit, three-story townhome project:
State Density Bonus Law
• A concession to decrease the open space requirement of 35 percent to be reduced to 9.19 percent with the provision that a connected pathway and gate will be installed to connect the housing project to the adjacent park; and
• A waiver to decrease the front setback from twenty feet (20) to eighteen feet and three inches (18'-3"), rear setback from thirty feet ATTACHMENT #7
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30') to fourteen feet and five inches (14'-5"), and the interior side setback from thirty feet (30') to twenty feet (20').
Thousand Oaks Municipal Code Modifications
• Rowhouse Standard/Access — The main entrance to each dwelling must be accessed directly from and face the street (TOMC §9-
4.2205(e)(5)(i)); and
• Rowhouse Standard/Outdoor Space — Useable, outdoor space must be provided behind each rowhouse unit with a fifteen percent minimum of the lot area and of a regular geometry with a minimum dimension of ten feet (TOMC §9-4.2205(e)(5)(iii)).
WHEREAS, at the April 14, 2026, City Council meeting, City Council authorized the City Manager to negotiate amendments to the DDA in response to contemplated DDA amendment requests by the applicant; and WHEREAS, People’s Self-Help Housing (“Applicant”) has filed with the City an application under the provisions of the City of Thousand Oaks Municipal Code requesting the following:
Residential Planned Development Permit Major Modification RPD 2023- 70014: To modify the approved 78-unit development, including removal of balconies and associated architectural changes. To accommodate the balcony removal, the applicant requests reallocation of the previously approved concession and the approval of the following concession and waivers from Thousand Oaks Municipal Code and entitlement requirements:
State Density Bonus Law
• Concession: Remove balconies as required under §9-
4.2205(c)(2)
• Waiver: Decrease open space from the standards required by §9-
4.904(f)(3)
• Waiver: Eliminate private open space as required by §9-
4.904(e)(4)
Entitlement Conditions of Approval Modifications
• Deviate from the standard limiting retaining walls to a maximum height of 6’ as required by Condition #37
Tentative Tract Map Minor Modification TTM 2023-70001: To modify Resolution No. 2024-003 Condition of Approval #173 to revise the mix of affordable units consistent with the mix of affordable units proposed by the developer.
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Underground Utility Waiver UUW 2026-70003: To waive the requirement to underground electrical transmission poles and associated overhead utilities located along the northern property line adjacent to Hillcrest Drive and along the eastern property line adjacent to Glenwood Place.
WHEREAS, on August 27, 2026, a Notice of Application was mailed to all property owners within a 500-foot radius of the subject property; and WHEREAS, on August 28, 2026, Notice of Application signs were posted on the subject property. One Notice of Application sign was posted along the property line adjacent to Erbes Road, and one sign was posted along the property line adjacent to Hillcrest Drive; and
WHEREAS, on September 24, 2026, Notice of City Council Public Hearing signs were posted on the subject property. One Notice of Hearing sign was posted along the property line Erbes Road adjacent to Erbes Road, and one sign was posted along the property line adjacent to Hillcrest Drive; and WHEREAS, on September 29, 2026, a Notice of City Council Public Hearing was published in the “Ventura County Star,” a newspaper of general circulation within the City of Thousand Oaks, and was mailed to all property owners within a 500-foot radius of the subject property; and
WHEREAS, the City Council, upon giving the required notice, did, on the 13th day of October, 2026, conduct a duly-advertised public hearing as prescribed by law to consider said applications; and
WHEREAS, at the October 13, 2026, City Council public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.
SECTION 2 (CEQA)
WHEREAS, for the original project entitlements, the City conducted environmental review pursuant to CEQA and determined that the project was Categorically Exempt pursuant to Class 32 Section 15332 — In-fill Development and Statutorily exempt pursuant to Section 15194 — Affordable Housing Exemption of the CEQA Guidelines; and
WHEREAS, the City conducted environmental review of the Residential Planned Development Permit Major Modification, Tentative Tract Map Minor Modification, and Underground Utility Waiver and determined that the project modifications do not materially alter the project’s development intensity, and that
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the project therefore remains Categorically Exempt from CEQA pursuant to Class 32 Section 15332 — In-fill Development and Statutorily Exempt pursuant to Section 15194 — Affordable Housing Exemption.
SECTION 3 (RESIDENTIAL PLANNED DEVELOPMENT PERMIT MAJOR
MODIFICATION)
WHEREAS, the findings of the City Council supporting approval of said Residential Planned Development Permit Major Modification RPD 2023- 70014 are as follows:
1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan (TOMC §9-4.2803(c)(1)).
The project site is designated “Neighborhood High” in the Land Use Element of the General Plan and is not located within a specific plan or redevelopment plan area. The Neighborhood High land use designation has an allowable density range of 20 to 30 dwelling units per acre and a maximum building height of 50 feet. This designation allows multi-family uses in configurations such as townhomes, rowhouses, and other multifamily building types. The removal of balconies and increases in exposed retaining wall height do not change the density nor building height.
Furthermore, the project remains consistent with the General Plan because it contributes to the achievement of the following goals and policies:
Goal LU-1: Create a land use pattern of development that preserves existing neighborhoods while providing opportunities for targeted infill projects in strategic locations to enhance the quality of life, preserve the natural environment, and ensure the long-term fiscal viability of Thousand Oaks.
• LU-1.3 Balance character and infill: Maintain community character while promoting infill development that brings needed housing, amenities, and jobs to the City.
Goal LU-3: Promote a diversity of housing types for Thousand Oaks residents through all stages of life.
• LU-3.1 Diversity of housing: Promote a diversity of housing types in locations throughout the City, specifically in neighborhood areas that contain goods and services, parks and open space, and public schools in a walkable setting.
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• LU-3.2 Housing for different life stages and incomes: Encourage new housing types for all residents including young professionals, older adults, and middle- and low-income families.
Goal LU-4: Support the creation of safe, affordable, and sanitary housing for all ages, income levels, and abilities.
• LU-4.5 Affordable housing stock: Increase the number and diversity of affordable housing units in the City and encourage housing of varying income levels and unit sizes/floor plans.
Goal LU-8: Support high-quality and visually interesting design and construction of all buildings throughout the City.
• LU-8.1 Quality design and materials: Require simple, urban building forms made with permanent, high-quality materials and architectural detailing.
2. The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code (TOMC §9-4.2803(c)(2)).
The Major Modification includes design changes to the previously approved project that do not comply with certain TOMC standards. These changes may be approved in accordance with California State Density Bonus Law and the Thousand Oaks Municipal Code.
The following California State Density Bonus Law concession is granted as it will result in identifiable cost reductions:
1. Balconies: A minimum of twenty-five percent (25%) of residential units facing a street, alley or common interior courtyard must include a balcony overlooking a public space with a minimum size of six feet (6') by four feet (4') (TOMC §9-4.2205(c)(2)).
The requested concession would eliminate all balconies from the originally approved project plans. The applicant has indicated that balcony construction and maintenance would increase unit sale prices and Homeowners Association (HOA) dues for the 100 percent affordable housing project.
In place of the previously proposed sliding glass doors leading to the balconies, large windows will be installed on the affected facades. The windows will incorporate decorative trim and recessing along the façades where the balconies were to be located, maintaining an enhanced and articulated architectural
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design while providing a connection to the exterior spaces from the inside of units.
The following California State Density Bonus Law waivers are granted as the strict application of these standards would physically preclude the construction of the project at the densities or with the concessions permitted by State law:
1. Townhouse ownership units in excess of the density set forth in this subsection shall have private yard areas as required by the residential planned development permit (TOMC §9-4.904(e)(4)).
The development has a net density of 21 units per acre. The original entitlement required private usable open space for 70 units, which the approved plans satisfied through balconies. With the elimination of the balconies through the concession described above, an alternative location would be required for each townhome to provide the private yard area. Site limitations make it difficult, outside the proposed configuration, to provide the minimum number of units required by the property’s General Plan land use designation. Strict application of this development standard could physically preclude construction of the project at the minimum density required by the Neighborhood High
designation and could result in the loss of affordable townhome units in order to provide private open space.
2. Plot plans for high density (15 to 30 units per net acre) to allocate 35% of the development area as open space (TOMC §9-
4.904(f)(3)).
The site configuration provides 9.19% of the development area as open space. Strict application of the requirement could physically preclude construction of the project at the density required under the General Plan minimum. Conditions #160 and #161 of Resolution No. 2024-003 remain applicable and require the applicant to install an access ramp at the southeast edge of the site to provide a direct connection between the development and Estella Park.
The following modification of entitlement requirements within Resolution No. 2024-003 Condition #37 is granted:
1. Retaining Walls: All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs
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submitted for the review and approval of the Community
Development Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by
landscaping. Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.
As proposed within the applicant’s most current wall plan, retaining walls 2, 3, 4, 5, and 6 will have portions exceeding the maximum exposed height of 6’. Of these walls, only Walls 2 and 6 are visible from the public right of way.
As visible from the public right-of-way along Erbes Road, an approximately 39’-6” portion of Wall 2 located northwest of Building 8 has a maximum exposed height of 7’-11”, and an approximately 18’-8” portion of Wall 6 adjacent to the west property line has a maximum exposed height of 6’-1”. The additional exposed height above the previously approved six-foot limitation is necessary to reduce grading along the western portion of the property and preserve the existing sloping terrain.
Exposed portions of Walls 3, 4, and 5 exceed 6’; however, none of those wall portions are visible from the public right-of-way. The pads sit significantly below the grade of Hillcrest Drive, making the portions of Wall 3 adjacent to the street not visible from the public right-of-way. Walls 4 and 5 are located within the interior of the site.
The additional height requested for the subject walls would reduce ground disturbance and preserve the site’s terrain.
Conditions of approval remain in place to soften the appearance of the retaining walls with landscaping, horizontal articulation, and decorative construction materials.
With the approval of the above listed concessions, waivers, and modifications, the project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code.
3. The project will not be detrimental to the public health, safety or general welfare (TOMC §9-4.2803(c)(3)).
The project has been reviewed by the Community Development Department. With the incorporation of the conditions of approval set forth below, the project will not be detrimental to the public health, safety, or general welfare.
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4. The project has been reviewed in conformance with the provisions of the California Environmental Quality Act (TOMC §9-4.2803(c)(4)).
As set forth in Section 2 of this Resolution, the proposed project was reviewed for conformance with the provisions of the California Environmental Quality Act.
SECTION 4 (TENTATIVE TRACT MAP MINOR MODIFICATION)
WHEREAS, the findings of the City Council supporting approval of said Tentative Tract Map Minor Modification TTM 2023-70001 are as follows:
1. Following the approval of a tentative map for a subdivision requiring the preparation of a final map, the Community Development Department, upon the payment of the fee specified therefor, may grant requests for minor modifications of the tentative map which do not affect the quantity or quality of required dedications, which do not increase the total number or significantly alter the configuration of the proposed lots in the subdivision, which do not affect the grading of the subdivision, which do not affect the design integrity of the subdivision, or which do not alter the intent or purpose of the imposed conditions of approval. Before granting any minor modification request, the Community Development Department shall make a written finding, with a statement of reasons in support thereof, that the proposed modification could not reasonably be expected to change any of the findings previously adopted at the time of the approval of the tentative map (TOMC §9-3.702(d)).
The applicant has revised the affordability mix of units from the 19 moderate-income units, 49 lower-income units, and 10 lower-income LMIHAF units, as described in Condition #173 of Resolution 2024-003, to 38 moderate-income units, 30 lower-income units, and 10 lower-income LMIHAF units, as described within the First Amended and Restated DDA.
The modification to Condition #173 would not affect the quantity or quality of required dedications; would not increase the total number of lots or significantly alter the configuration of the proposed lots; would not affect the subdivision grading or design and integrity; and would not alter the intent or purpose of the imposed conditions of approval. As such, the proposed modification could not reasonably be expected to change any of the findings previously adopted at the time of tentative map approval.
SECTION 5 (UNDERGROUND UTILITY WAIVER)
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WHEREAS, the findings of the City Council supporting approval of said Underground Utility Waiver UUW 2026-70003 are as follows:
2. The requirements of an underground installation of utility lines would be unreasonable or impractical considering the use which shall be made of the property, but only if the use is other than a single-family residential subdivision (TOMC §7-5.203(d)).
The applicant requests a waiver of the requirement to underground the adjacent electrical transmission poles and associated overhead utilities, including poles along the northern portion of the site adjacent to Hillcrest Drive and poles along the eastern portion of the site adjacent to Glenwood Place. Municipal Code §7-5.203(d) allows for waivers to be granted to nonsingle-family residential development when underground installation would be unreasonable or impractical considering the use of the property.
The transmission poles along the northern portion of the site are within the Hillcrest Drive segment of the City’s Underground Utility Master Plan, which identifies these facilities for future undergrounding. Granting the waiver would allow the housing project to proceed independently of the future undergrounding improvements and would not preclude the City from pursuing those improvements through its broader undergrounding program.
Furthermore, undergrounding the adjacent poles would result in cost increases, adversely impacting ownership costs for the 100 percent affordable housing project.
NOW, THEREFORE, BE IT RESOLVED that, based on substantial evidence contained in the record and the analysis in the staff report, the City Council finds the project Categorically Exempt CEQA pursuant to Class 32 Section 15332 – In-fill Development and Statutorily Exempt pursuant to Section 15194 – Affordable Housing Exemption, and approves RPD 2023-70014 Major Modification, TTM 2023-70001 Minor Modification, and UUW 2026-70003, subject to conformance with the conditions set forth herein and attached hereto.
Except as otherwise expressly indicated, the conditions shall be fully performed or completed, or at the City’s discretion, shall be secured by a bank or cash deposit or other security satisfactory to the City Attorney before use or occupancy of the property commences and before a Certificate of Occupancy is issued. Violation of any of the conditions of approval shall be grounds for revocation by the Planning Commission or City Council, as applicable.
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PASSED AND ADOPTED this 13th day of October, 2026, by the following vote:
Ayes:
Noes:
Absent:
Mikey Taylor, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: _____________________
APPROVED AS TO FORM:
Office of the City Attorney
Noel Doran, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS FOR RPD 2023-70014, TTM 2023-70001 AND UUW 2026-70003
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COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD
1. Land and Application – The Residential Planned Development Permit Major Modification, Tentative Tract Map Minor Modification, and Underground Utility Waiver are adopted, granted, or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Updated Architectural Plans,” dated August 21, 2026, “Wall Plan” dated September 1, 2026, and “Underground Waiver Exhibit” dated September 29, 2026.
2. Scope of Permit Approval – This approval is for a Residential Planned Development Permit Major Modification to modify an approved 78-unit residential development consisting of 78 for-sale, affordable units, focusing on architectural revisions, specifically the removal of balconies and associated design changes, a Tentative Tract Map Minor Modification to revise the mix of affordable units consistent with the mix of affordable units proposed by the developer, and for an Underground Utility Waiver for electrical transmission poles and the associated overhead utilities, as shown on the “Updated Architectural Plans,” dated August 21, 2026, “Wall Plan” dated September 1, 2026, and “Underground Waiver Exhibit” dated September 29, 2026.
3. Approval Period – The Residential Planned Development Major Modification and Underground Utility Waiver are granted for a three (3) year period of time beginning on the approval date, at which time said permits shall expire unless the use authorized herein has been inaugurated in accordance with Section 9- 4. 2812(c) of the Thousand Oaks Municipal Code. The applicant may request time extensions of this period as permissible by Section 9-4.2812(e) of the Thousand Oaks Municipal Code by filing a Minor Modification application prior to the expiration date.
4. Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.
5. Compliance with Applicable Laws, Rules, and Regulations – The applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS FOR RPD 2023-70014, TTM 2023-70001 AND UUW 2026-70003
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hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the development.
6. Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas release, Certificate of Occupancy, or as otherwise required by the City's Building and Safety Division. Copies of all required licenses shall be submitted to the Community Development Department.
7. Signed Acceptance of Conditions – A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or their duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.
8. Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.
9. Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of Resolution No. 2024-003, unless otherwise added or modified herein.
10. Acknowledgment – The applicant acknowledges that all aspects of this project are of special concern to and regulated by the City of Thousand Oaks, which has established specific criteria and standards concerning development within the City. Any change, modification, or alteration to improvements on the subject property shall first be approved by the City of Thousand Oaks. Any unauthorized changes may require future corrective work and may result in a City Code compliance effort.
11. Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirements as conditioned herein.
MODIFIED RPD 2024-70013 AND TTM 2023-70001 CONDITIONS OF
APPROVAL
14. Affordable Housing Agreement – The applicant shall submit to the City an affordable housing agreement for review and approval by the Community Development Department that provides for the on -going affordability of the project. Approval of this residential project is subject to execution of Disposition and Development Agreement between City of Thousand Oaks and Housing Land Trust Ventura County, a California nonprofit public COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS FOR RPD 2023-70014, TTM 2023-70001 AND UUW 2026-70003
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benefit corporation (Land Trust VC), and People's Self-Help Housing Corporation, a California nonprofit public benefit corporation (PSHH), referred collectively as the "Developer."
The Affordable Housing Agreement shall require 38 moderate-income units not to exceed 120 percent AMI), 30 lower-income units (not to exceed 80 percent AMI), and 10 LMIHAF units (Housing Cost as set forth in Section 50052. 5(c)) to be preserved based on the County median income (AMI).
The Affordable Housing Agreement shall comply with the latest California State requirements.
The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney's office prior to the issuance of a grading permit.
15. (REMOVED)
37. Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Community Development Division. All retaining walls shall be limited to a maximum exposed height of 6’ feet unless otherwise stated herein, and softened by landscaping. The exposed height of Wall 2 shall not exceed 7’-11”, the exposed height of Wall 3 shall not exceed 10’-4”, the exposed height of Wall 4 shall not exceed 6’-9”, the exposed height of Wall 5 shall not exceed 9’-7”, and the exposed height of Wall 6 shall not exceed 6’-1”. Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.
78. Overhead Utility Poles and Lines – The Permittee shall perform all design work for the relocation and/or undergrounding of existing electric facilities adjacent to the project site as required by Thousand Oaks Municipal Code Section 7-5.202. The electric facilities shall include SCE pole numbers #2102460E, #2102461E, #983981E, #1278935E, #1278936E, #1278937E, #0T143298, #1856097E, #1293370E and all connecting utilities. The completed design work shall be provided to City and/or SCE in the form of a unique project plan set and Permittee shall grant City and SCE a limited, non-exclusive right to use said design plans for the construction and maintenance of the project.
173. Affordable Housing Requirements – The Applicant shall ensure that all 78 affordable townhouse units are restricted as described in Condition number 14 above and as defined in the terms of the Disposition and COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS FOR RPD 2023-70014, TTM 2023-70001 AND UUW 2026-70003
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Development Agreement between the City of Thousand Oaks, and the developer. The affordable restrictions shall be consistent with California Law.
Prior to recordation of the Final Tract Map, the Applicant shall designate the specific location and bedroom size for the 38 moderate -income units, 30 lower-income units, and 10 LMHAF units. In addition, the Applicant shall designate a minimum of eight (8) disabled access units, one per building.