123. The business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. 124. Each Commercial Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
125. Each Commercial Cannabis Business shall demonstrate to the Police Chief, City Manager or their designee(s) compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational. 126. Each Commercial Cannabis Business shall have state of the art network security protocols in place to protect computer information and all digital data. 127. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
128. Scheduled and unscheduled inspections of the site may occur during the business’ authorized hours of operation, or under the below listed circumstances:
a. At a time while the business is closed that is mutually agreed to by the business’ management and the Police Department
b. During any criminal investigation at the business.
129. The Applicant acknowledges compliance with the foregoing requirements shall be verified by the City Manager or his/her designee(s) prior to commencing business operations. The City Manager or his/her may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
130. The Applicant shall post in a location readily-visible to the public location the original copy of the Commercial Cannabis Business permit conditions of approval and the City issued business license.
131. Prior to beginning employment all employees are required to secure and have issued a background check and passed a live scan through the Police Department as specified in Chapter 11, Article XVII of the Oxnard City Code. Results of the background check/live scan shall be provided to the employee and employer(s).
Retail Cannabis Conditions
132. Each customer entering the business shall present a valid form of government issued photo identification. A staff member or licensed security professional shall use an approved “identification card scanner” which verifies the age of the customer. The 155
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security officer will also visually confirm that the person presenting the identification card by matching the person with the card’s photo and confirming other data on the card. 133. The permittee shall acquire an “identification card scanner” for use by security officers to screen all customers as they enter the business. These scanners shall have these features:
a. Determine that the person is legal age to enter the premises. b. Records the data from the presented identification including name, address, and date of birth and the time and date of the scan.
Security Camera System
134. A security camera system shall be installed and operated 24-hours a day to monitor the activity at the site. The system shall be designed to capture images of all persons and all vehicles that enter the site. Cameras shall also be distributed throughout the site to capture general activities. The camera system shall comply with these minimum standards:
a. Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Grayscale images are expected for infra-red lighting. b. Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
c. Cameras shall have low light capability to facilitate the later identify persons involved in criminal or problem activities.
d. The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
e. The video system shall allow recording, live viewing and playback of recorded video for a period of a period of at least 30 days.
f. Recorded images shall bear a date and time stamp that cannot be altered. g. All entry doorways to the premises shall be monitored by a camera or cameras that are strategically mounted to capture quality images of the heads and shoulders of persons who enter. Such cameras shall be mounted no higher than 7-feet above the floor/ground.
h. At least one camera shall be dedicated to the point of sale, or equivalent as determined by the Police Chief, to monitor the exchange of money and identification checks for age.
i. A monitor shall be placed near the primary entrance to the business to show patrons their image has been captured.
j. Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
k. Site management shall provide in a timely manner any digital records of security camera or access control systems requested pursuant to a police investigation or for the periodic inspection of equipment required under these conditions. l. The video system shall be made available to the Chief of Police or his/her designee at all times by means of a secure Internet connection. m. Height gauges are required on the interior frame of each exterior door 156
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n. A high definition cloud based-video security system shall be used with a required 90 day tamper proof hard drive or software system pursuant to BCC 5044.
System will be remotely accessible by the Chief of Police or his designee at all times. Prior to 90 days, no video will be erased without prior approval from the Chief of Police. At no time shall the business be open if the security system is down regardless of the presence of armed security guards. o. Cameras shall be mounted outside the business to monitor pedestrian and vehicular traffic around the business. Where possible and practical, cameras will be positioned to capture the faces of persons approaching the business and the license plates of vehicles driving on parking area drive aisles.
Access Control Systems
135. The site shall be equipped with an access control system that shall restrict access throughout the site.
a. The access control system shall have the capability to add, subtract or modify a cardholder’s access.
b. Access to various areas or rooms within the site will be restricted based on the cardholder’s need for access according to the business plan and the security plan. c. The primary entry to the site shall be controlled by a card or similar instrument coupled with a keypad to provide entry. A keypad entry will be required for the first access of each business day. Each employee authorized for “opening” entry shall have their own access and their own emergency code. d. Access to interior “safe rooms” where product and cash are stored shall require keypad and pass card to enter.
e. Those persons authorized to utilize keypad entry locations will have two passcodes unique for their use. One passcode for normal entry and one for “distress” entry. The “distress” entry shall be used if the cardholder is entering under distress such as a robbery, kidnap or threat of harm. Permittee shall coordinate with the alarm service provider for this function. f. An access card providing universal access to the site shall be provided to the Oxnard Fire Department for placement in the site Knox Box.
Alarm Systems
136. Intrusion/burglar alarms shall be “dual” technology and have the capability to differentiate between human and non-human motion. Sensor placement shall be in accordance with the business’ approved Security Plan.
137. Panic alarms shall be installed at various sites within the business to be used in the event of a robbery. Alarm button placement shall be in accordance with the business’ approved Security Plan.
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Security Site Plan
138. A Security Site Plan in a pdf format shall be submitted to the Chief of Police or his or her designee and approved prior to the issuance of building permits. The plan shall include:
a. The plan shall identify the location of each security camera, camera recording/support equipment, all elements of an access control system, and any safe or secure room or rooms designed to maintain valuable assets or records. b. The plan shall include a chart shall identify each camera by an alpha-numeric, the scope of their capture area, placement of the camera above the floor/ground, make and model of the instrument, type of camera (dome, PTZ, etc.). c. The plan shall identify any area which is served by an intrusion/burglary alarm system.
d. The plan shall identify the location of each panic alarm installation. e. The Security Site Plan shall identify all the components of the access control system, their location and a chart that identifies each instrument with an alpha-numeric with the device name, make and model.
139. The Security Plan includes all matters relating to the security camera system, access control system, alarm system, security officer post orders, security site plan and other documents related to the safe and secure operation regulated under this permit. An updated Security Plan in a pdf format shall be submitted to the Police Department to [email protected] under any of the below circumstances:
a. Any modification to the site that changes the location of walls, doors or windows.
b. Any system upgrades or significant changes to the security camera or access control systems.
c. Or, when deemed appropriate by the Chief of Police or his or her designee based on security deficiencies discovered during any inspection of the site or any violation of the conditions of this permit.
140. Any component of the security system including all elements of the alarm, camera and access control systems are subject to replacement, upgrades, adjustments or additions should any of these circumstances occur:
a. Equipment is outdated and not up to current industry standards or formats. b. Or, through the oversight process exercised by the City of Oxnard or the State of California, deficiencies are discovered in the security and monitoring equipment which can be addressed through the adjustment or addition of security equipment.
141. The permittee shall create and maintain Post Orders for security officers working at the site. Post Orders shall be a “living document” and shall be subject to change based on operational experiences, noted deficiencies, and recommendations by the Oxnard Police Department. These orders shall outline the following:
a. Specific duties and responsibilities for each security officer. 158
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b. Procedures security officers shall follow during normal operations, emergency circumstances and when a crime is discovered.
c. Post orders shall delineate activities that security officers shall not perform as they distract or interfere from their security role.
d. Post Orders shall be identified by the last approved revision date and shall include the approval of the permittee and a designee from the Oxnard Police Department. Each updated revision shall be reviewed and acknowledged by each security officer working the site.
e. The Post Orders shall be reviewed and approved by the Oxnard Police Department prior to the issuance of the permit and shall be subject to revision as part of any inspection.
f. A copy of the current approved version of the Post Orders shall be available on-site for review by any security officer assigned at the site or any representative of the City of Oxnard visiting the site.
Notifications
142. The permittee shall establish and maintain the following to facilitate communication and notifications between the permittee and the Oxnard Police Department:
a. Identify two management level employees as points of contact 24-hours a day, 7-days a week available to respond to the site in the event of an emergency or unlawful entry at the site.
b. A designated email address for the Oxnard Police Department to use for notifications pertaining to the business.
c. The management “points of contact” and the email address for notifications shall be provided by an email to: [email protected] and shall include the names of the point of contact managers, their positions within the business and their phone numbers.
d. The Oxnard Police Department may establish additional staff members as points of contact for the permittee.
143. The Police Chief may temporarily suspend this permit pending a hearing as outlined in Article V of the Oxnard City Ordinance under any of the below circumstances:
a. Discovery of any controlled substance or product classified in Schedules I, II, III and IV of the Uniform Controlled Substances Act of the Health and Safety Code and not identified as being permitted at the site within the scope of this permit or an authorizing permit issued by the State of California. b. Failure to maintain security features at or above industry standards, failure to correct security deficiencies required in these conditions in a timely manner, and/or failure to accurately or timely report a loss or theft of product as required under this permit.
c. Any sales or transfer of cannabis products outside the restrictions, regulations and tracking mechanisms established through this permit or related cannabis permits issued by the State of California.
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144. Bollards or similar barriers shall be placed in front of all windows that the bottom sill is lower than 30-inches above grade and the windows are in close proximity to a vehicle driving surface. Gaps between barriers or other structural features shall be no wider than 5-feet. These barriers shall be identified on the Security Site Plan. 145. All applications of window tinting shall be identified on submitted security site plans. “Black-out” tinting will not be allowed. Tinting that provides for clear outward viewing but blocks viewing from the outside is allowable.
146. Windows shall be protected by either of the following technologies:
a. Interior mounted security screens that are 50% see through which allows the interior of the business to be seen during hours where the screen is secured. b. A transparent material that can withstand the impact of a sledge hammer or similar impact tool without breaching the window sufficiently to create a puncture hole of any size.
147. All signage for the site shall require joint approval from authorized designees of the Planning Division and the Police Department.
Cannabis Deliveries
148. All deliveries of cannabis shall require the following:
a. The persons making the delivery shall be a minimum of 21-years of age. b. Cannabis products for delivery shall be locked in the truck of the vehicle or secured in a non-portable box or storage unit in the passenger compartment during transport. c. Each driver making a cannabis delivery shall check the identification of the person depicted on the identification is of age and is the person receiving the delivery. The driver shall ensure the recipient of the cannabis product is 21-years of age, or 18 years of age and possess a cannabis medical card. The driver shall photograph or scan the identification using an identification scanner to record and verify the age of the person taking record of the delivery.
d. The permittee shall provide information on any website menu that clearly states that all deliveries that include cannabis will require the recipient of the cannabis products to present their government photo identification as proof of age. Recommended language for on-line menus: “ The City of Oxnard required the delivery driver to photograph and scan a government issued photo identification of the recipient of all deliveries of cannabis products.
e. The permittee shall require that staff members taking phone orders for delivery of cannabis products shall advise customers of the requirements under subsection “(c)” of this condition.
f. On-line orders for delivery which include cannabis products shall have a check box where the customer acknowledges that the recipient of the order must show a government issued photo identification at the time of delivery. 160
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Police Special Conditions
149. The unit’s address “1015” shall be painted on the exterior of each rear door of the business in numerals that are 3-inches in height.
150. The unit’s address “1015” Shall be painted on the roof of the business in numerals that are 3-feet in height.
151. The property shall have and maintain at each vehicle entrance signs posted pursuant to 22658(a) CVC to prohibit unauthorized parking on private property. 152. One parking stall at the rear of the business shall be dedicated to applicant’s use for delivery vehicle parking only. The stall shall be in close proximity to the rear door of the business and shall be clearly marked with a sign posted on the wall. The sign shall be no less than 17-inches by 22-inches and the lettering shall be not less than one inch in height. The sign shall state: “Authorized Delivery Vehicle Parking Only All Others Subject To Tow Away. 22658(a) CVC.
153. Cannabis retailers shall participate in Police Department and Community drug awareness and educational programs. This participation may include but not be limited to the circulation of informational flyers, staff training opportunities, and DUI educational materials.
FIRE DEPARTMENT STANDARD CONDITIONS
154. Applicant shall construct all vehicle access driveways on the project property to be at least 26 feet wide. The Applicant shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. The Applicant shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1) 155. All roof covering materials on the project property shall be of non-combustible or fire retardant materials approved by the Fire Chief and in compliance with the City Code. (FD, F-2)
156. Before the City issues building permits, the Applicant shall obtain the Fire Chief’s approval of a plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3) 157. At the Applicant’s expense, Applicant shall obtain two certified fire flow tests for the project property. The first test shall be completed before City approval of building plans and the second shall be completed after construction and prior to the issuance of a certificate of occupancy. A mechanical, civil, or fire protection engineer must certify the tests. The Applicant shall obtain permits for the tests from the Engineering Division. 161
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Applicant shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4)
158. All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5) 159. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
160. At all times during construction, the Applicant shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for fire fighting apparatus to all parts of the project property. (FD/DS, F-7)
161. The Applicant shall identify all hydrants, standpipes and other fire protection equipment on the project property as required by the Fire Chief. (FD, F-8) 162. The Applicant shall install security devices and measures, including walkway and vehicle control gates, entrance telephones, intercoms and similar features, subject to approval of the Police Chief and the Fire Chief. Vehicle control gates shall be operable by City approved radio equipment. (FD/PD, F-9)
163. The applicant shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
164. The turning radius of all project property driveways and turnaround areas used for emergency access shall be a minimum of 48 feet outside diameter for a semi-trailer. (FD, F-11)
165. The Applicant shall provide automatic fire sprinklers as required by the City Code and shall contact the Fire Chief to ascertain the location of all connections. (FD, F-12) 166. The Applicant shall install in each structure in the project a detection/alarm system with a central station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and allows the central station monitor to inform the Fire Department of the point of entry into the structure that is nearest the fire. (FD, F-13) 167. The Applicant shall install in each structure in the project where automatic fire sprinklers are installed a system that automatically opens the skylights in areas affected by fire before the fire sprinklers are activated. (FD, F-14) 168. All signalized intersections shall be equipped with pre-emption equipment. (FD/TR, F-15)
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169. The Applicant shall comply with Certified Unified Program Agency (CUPA) requirements regarding the storage, handling and generation of hazardous materials or waste. Prior to the issuance of building permits, Applicant shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16)
170. Fire sprinkler coverage is required for:
a. Patios, overhangs or any other projections that are 48” or more from the structure.
b. Open areas beneath stairs that serve a habitable space or when that area is accessible for storage or has mechanical equipment.
c. The protection of the forced air unit when located in the attic or other areas that are normally inaccessible.
171. Before the city issues a certificate of occupancy, the Applicant shall install a Knox key vault at a location to be determined by the Fire Department. 172. The Applicant shall allow installation of public safety radio equipment in the tower, steeple, roof or other elevated portion of the building. Such equipment shall not conflict with the architectural design of the building and shall comply with zoning and planning requirements and conditions.
173. The Applicant shall provide the City Manager or his/her designee(s) with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Each commercial cannabis business must have a fire evacuation plan, and plan to address robberies and other emergencies. Said plan shall be reviewed and approved annually by the Fire Department.
ENVIRONMENTAL RESOURCES DIVISION
174. Applicant shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Applicant shall arrange for self-hauling.
175. FOR COMMERCIAL/INDUSTRIAL PROJECTS: To be in compliance with state law, Applicant shall make provisions to divert a minimum of 50%, with an aim of diverting 75% to achieve the new state diversion goal, of the waste material generated during occupancy through source reduction, recycling, reuse, and organics collection programs.
Applicant shall submit an “ Environmental Resources Division Occupancy Plan” (“Occupancy Plan”) to the City’s Environmental Resources Division. The Occupancy Plan must clearly state how recyclable and organic material will be managed on site to be in compliance with applicable state law, including what service provider(s) will manage/transport materials to appropriate facilities. An Occupancy Plan must be submitted and approved prior to issuance of a certificate of occupancy. 163
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Planning Commission Hearing Date: January 13, 2022
DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS
176. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)
177. Developer shall install on‑site and off‑site electric, cable, telephone and similar utility service laterals underground in accordance with City ordinances in effect at the time City issues a building permit. Services shall be installed underground to the nearest suitable riser pole as determined by the appropriate utility service provider. (DS-12) 178. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the City Engineer issue a stop work order until such time as the graffiti is removed. (DS-20)
179. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)
180. Developer shall pay the cost of all inspections of on site and off site improvements. (DS-22) 181. Developer shall be responsible for all project related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23) 182. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)
183. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)
DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS
184. Developer shall verify that the existing sanitary sewer and water services are adequately sized to serve the proposed improvements and provide the information on the improvement plans. (DS)
185. Show all applicable existing and proposed utilities (sewer, water, storm, gas, electrical) affected by the proposed improvement on the site engineering plan. (DS) 186. The project shall comply with the latest California Building Code disabled access requirements. (DS)
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187. Developer to verify that the running slope of each curb ramp at the existing driveway approaches on West Wooley Road and South Harbor Service Road not exceed 8.33 percent running slope. Unless directed otherwise by City Engineer, the Developer to installed surface-applied Americans with Disabilities Act (ADA) tiles by Armor-Tile Tactile Systems or approved equal at these curb existing ramps. (DS)
188. Developer shall remove the newspaper stand/rack located at the curb ramp landing at the south-west corner of the project site. (DS)
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 13th day of January 2022.
Daniel Chavez, Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held this 13th day of January 2022, and carried by the following vote:
AYES: Commissioner(s):
NOES: Commissioner(s):
ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Scott Kolwitz, Secretary
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Attachment
J. Public Comment Letters
166
Lai, Dee <[email protected]>
[Ask Planning Action] Mandalay/Oxnard Shores
1 message
Dan Nicholas <[email protected]> Sat, Nov 20, 2021 at 1:24 PM To: [email protected], [email protected]
Greeting Mr. Perello and others as required,
My name is Dan Nicholas and I am a resident on Terramar Way in Oxnard Shores. I would like to address some issues we currently face in our small beach community.
Pot Shop:
As you know, there is a proposal to have a "Pot Shop" operation at the small strip mall on Harbor and Wooley. This location serves as the communities main-street with a liquor/convenience store, a restaurant (with a full bar), and a local brewery. These businesses coexist nicely with the pizza company, surf shop, bakery and other service vendors. It is currently a nice mix of businesses that we support as members of this community.
Adding a Pot Shop to this mix is not stuff made of a caring and responsible Chamber of Commerce. It will house the largest centralized store front and square footage making it the cornerstone of the mall, not to mention it will be open a staggering 7 days a week from 9am to 9pm. In a meeting with the owners last week, they exclaimed that they will have security....What? So you're telling me we now need a security guard? For what? What do we need protection from? What can go wrong? We certainly do not need security now.
This shop needs to be moved to a larger mall or a location consistent with "medical treatment" as they state, not in a small family community that has few local options for entertainment we can walk to..
Oxnard Airport:
This issue is unbelievable to me. We have been here over eight years and we are still fighting with the airport for overflying our homes. I have called repeatedly for them to turn over the fields instead of our homes. It makes sense, right? But with the thousands of complaints and committees meeting with airport authorities, nothing has been resolved. They have thumbed their noses at us and the city as this is still unresolved. Now there is a runway expansion and no one will tell us why.
Mr. Perello, these are serious community issues facing our district and we need serious city officials to fight for the welfare of our tranquil beach community.
Please feel free to call me to discuss any of the aforementioned issues.
Regards,
Dan Nicholas
Veteran, USAF
818.631.6103
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12/2/21, 8:40 AM City of Oxnard Mail - Fwd: Why here? Marijuana store Oxnard Shores https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1717794023243248754&simpl=msg-f%3A1717794023243248754 1/2 Coyotl, Jose <[email protected]>
Fwd: Why here? Marijuana store Oxnard Shores
Mon, Nov 29, 2021 at 12:00 PM
---------- Forwarded message ---------
From: David Runyan <[email protected]>
Date: Sun, Nov 7, 2021 at 1:49 PM
Subject: Why here? Marijuana store Oxnard Shores
To: <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]> Dear Oxnard City Council:
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12/2/21, 8:40 AM City of Oxnard Mail - Fwd: Why here? Marijuana store Oxnard Shores https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1717794023243248754&simpl=msg-f%3A1717794023243248754 2/2 It has come to our attention that you are approving a Marijuana store for our Oxnard Shores Shopping Center. Our home of over 25 years is located in the Shores neighborhood about 600 feet from this strip mall. We are a small close knit community at the Shores. As you may or may not be aware of there are many homeless living in the dunes near our neighborhood as well as many homeless in the Ventura camp not far away. These folks frequently ride bikes or walk through our neighborhood, even camping between houses and even forcing homeowners to lock their water faucets.
The majority of our neighbors are in their retirement ages and enjoy walking in the neighborhood, it is inconsiderate for our City Council to burden our tax paying residents so that they feel uncomfortable being approached or even mugged by people who have no stake in our community.
There have been numerous break ins to cars and property in the Shores and Silver Strand neighborhoods according to Oxnard police department records. We have always been a community oriented neighborhood and appreciate the help from our police department
For these reasons we rightfully DO NOT want any business that might be a reason for increasing crime in our neighborhood in order to get money to buy marijuana in our close, easy in and out, neighborhood shopping mall.
We realize that revenue from these businesses might be helpful to raise revenue however our tax dollars support the police, fire and all support for our wonderful city of Oxnard. Any revenue that the City of Oxnard would receive from this type of business is selling our neighborhood short. Therefore we ask that you refuse this type of business in our Oxnard Shores community.
Respectfully,
Debra Kelly
[email protected]
David Runyan
[email protected]
Oxnard Shores resident for over 25 years.
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11/23/21, 11:57 AM City of Oxnard Mail - Re: [Ask Planning Action] New Pot Shot https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1716885837000181463&simpl=msg-f%3A1716885837000181463 1/1 Coyotl, Jose <[email protected]>
Re: [Ask Planning Action] New Pot Shot
1 message
Lai, Dee <[email protected]> Fri, Nov 19, 2021 at 11:24 AM To: Judith Greenstate <[email protected]>
Cc: Jose Coyotl <[email protected]>
Hi Judith,
Thank you for your email. I am copying the planner Jose Coyotl to follow up with you.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
We welcome you back to the Service Center!
Our doors are opened to the public from 8:00 a.m. to NOON, Monday through Thursday and on our open Fridays. Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
When visiting the Service Center, please wear a mask and observe social distancing guidelines until further notice.
On Fri, Nov 19, 2021 at 11:15 AM 'Judith Greenstate' via Planning <[email protected]> wrote:
Please consider our Neighborhood objection to granting
a permit to the Pot Shop.
It doesn’t belong in our small neighborhood shopping area ! Thank you for your consideration!
Judith Greenstate
5141 Neptune Square
Oxnard , 93035
805-9851786
Sent from my iPad
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11/23/21, 11:52 AM City of Oxnard Mail - Planning Commission https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1717139756236316522&simpl=msg-f%3A1717139756236316522 1/2 Coyotl, Jose <[email protected]>
Planning Commission
1 message
Depietro, T J <[email protected]> Mon, Nov 22, 2021 at 6:41 AM To: "[email protected]" <[email protected]>
Jose,
Can you please add me to the interest list or the Planning Commission meeting to discuss the dispensary planned to be located in the shores off harbor blvd?
A couple of points for consideration;
1. Of the ~12000 housing units in the shores, ~9900 are occupied at any time. Of those ~5800 are owner-occupied with 4100 renter occupied. The avg household size is 3. Based on that; a. A significant number of owners are not in residence, using the properties part-time. Many live part-time out of state. When the City sends out meeting notices to discuss this development, such as the workshop that took place this month, many of us did not get the notice until AFTER the meeting was complete and as such could not express our opinion in the open forum
b. Most us the owner HAD NO IDEA of the plans to build a dispensary. The only reason I even knew about it is that a neighbor put up signs advising us.
c. The applicant, at the workshop, stated that they had spoken to “90 residents” and that the response was “positive” to their development. Regardless of the fact they had no evidence of this, looking at the numbers above (9900 residences occupied by 3 people ea. Or 29700 people), they “canvassed” only 0.3% of residences. This appears to be a half-hearted attempt at being able to say that they did due diligence. They did not and frankly neither did the city in attempting to advise owners
2. Ordinance 2994 Sec 11-457(f) states that the City Manager reserves the right to reject an application if it is determined that it would be in the best interests of the city taking into account the “health, safety, and welfare impacts on the community”
a. I would like to suggest, as an owner on Outrigger Way, that it is NOT supportive of the health and welfare of the community to have this establishment in the location proposed. This is a spot where every morning, elderly people walk their dogs and meet at the bakery for coffee. It is a place where mothers walk their kids to get donuts and where kids wait to take the bus to school. It is not in any way typical of the areas where a prudent city manager would consider a dispensary.
b. In addition, it is an area where neighbors are incredibly vigilant of what goes on in the area. I guarantee a dispensary in this area will lead to MANY calls to the city and to the police at all hour of the night as neighbors keep an eye on the goings on. Heck, if I forget to put out my trash someone comes to tell me! c. This is now one of the most expensive areas in Oxnard. One would think the city would like to see that growth continue without negatively impacting property values and angering the voters with the means and time to support campaigns of their choice. For one, my choice will be a complete overhaul of the current administration should they support this.
3. Ordinance 2944, Sec 11-473 states that the location must be served by highways of adequate width and improved as necessary to carry the kind of traffic that such use shall generate. That location as you know if fronted not by Harbor blvd., but by S. Harbor Service Blvd. A very narrow road that can barely handle 2 cars at once. West Wolley Road, the other road adjacent to the property will already be overwhelmed by the population of the new condo development on that corner.
In nay case. Id like an invitation to the Planning meeting to discuss. Email is preferred as snail-mail is not getting these notices to us in time to participate.
173
11/23/21, 11:52 AM City of Oxnard Mail - Planning Commission https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1717139756236316522&simpl=msg-f%3A1717139756236316522 2/2 Thanks
T.J. De Pietro
IT Director – Aero Engineering, Business, & Advanced Development Lockheed-Martin Aeronautics Company
174
Lai, Dee <[email protected]>
[Ask Planning Action] Permit # 21-516-24 Oxnard Shores commercial cannabis retail at Harbor and Woolley rd
1 message
'yc bagnay' via Planning <[email protected]> Wed, Dec 8, 2021 at 1:13 PM Reply-To: [email protected]
To: [email protected], [email protected]
I'm a concerned homeowner of the Oxnard Shores community. I am against the opening of a Cannabis Retail Permit # 21-516-24 in my residential neighborhood.
We already have a liquor store, a brewery, a bakery (mainly doughnuts) and pizza place in the approx 7 storefront shopping center. As is, I am hesitant to walk my dog there in the evening, due to the boisterous people hanging out outside, the storefronts and smoking. I have to walk around quite a few people laying on the sidewalk, early in the morning, and have to walk around angrily shouting people (they seem homeless, and not in their right mind. I see people walking around drunkenly, and have also noticed parked cars at the beach areas where the smell of cannabis smoke wafts through the open window. Or sitting at a beach/ oxnard park bench. These people are using illegally, and will be driving home under the influence. Harbor Boulevard has become so busy, also the harbor blvd/wooley intersecition is dangerous, due to the parallel service road. Nobody seems to know what the rules are, for pedestrians, nor cars coming from the service road. I can just imagine with more traffic coming.
I voted for Cannibis, however the storefronts need to be in large shopping centers, where people go to shop, get in the car, and take their purchases home. This area is just a small community, with plenty of cannibis retail stores just within 3- 5 miles in Port Hueneme. I understand we are considered Oxnard, however I think it needs to be taken in consideration how many of these shops there need to be within a certain radius.
I am also disappointed that you would allow this TD Enterprise, a corporation who is not even a local resident. It would be nice if we could get local business owners. When I saw the sign for a Tacos selling sign up at that address, I thought a little mexican food place would be good, since they've been parking mexican food trucks near there. Was I surprised with that deceiving advertisement to realize it was going to be a Cannabis retail!! Please do not allow this type of Retail here in this small neighborhood shopping center, there are already enough mind altering stores there.
Sincerely,
Yolanda Bagnay
5103 Terramar Way,
805-814-2244
175
Attachment
K. Staff Presentation
176
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
MEMORANDUM
Agenda Item No.: F.4
Date: January 10, 2022
To: Planning Commission
From: Jose Coyotl, Associate Planner (805) 385-7863
Scott Kolwitz, Planning & Environmental Services Manager Subject: Transmittal Memo No. 1 – TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP) - PLANNING AND ZONING PERMIT No. 21-516-24 (Retail): Located at 1015 Harbor Boulevard (APN: 191-0-075-015). A request to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site within the Commercial Neighborhood Convenience (CNC) zone. Proposed development includes tenant improvements: installation of interior wall partitioning, plumbing upgrades, upgrades to an existing fire alarm system, security upgrades to the existing building, and installation of new secure doors/windows.
Cannabis retail operations will be conducted between the hours from 9:00 AM to 9:00 PM daily. Filed by Kristine Byers (“Applicant”), 2801 B Street Unit 161, San Diego, CA 92101, on behalf of TD Enterprise, LLC. dba Oxnard Holistics.
Subsequent to the release of the Staff Report, staff has received additional public correspondence regarding the subject project (attached).
Attachments
A. Letter dated January 6. 2022, sent by Linnea Von Wissmann B. Email dated January 8, 2022, sent by Audrey Martinez-Keller C. Email dated January 10, 2022, sent by Mary Susan Kyropoulos D. Email dated January 10, 2022, sent by Robert Murphy
E. Email dated January 10, 2022, sent by Wayne & Eva Pihlgren F. Letter dated January 13. 2022 sent by Clement and Katherine Alberts 198
LINNEA VON WISSMANN
5020 ISLAND VIEW STREET
OXNARD SHORES, CA 93035
(805) 832-4287- HOME (310) 562-3806 - CELL
[email protected]
VIA EMAIL [email protected]
January 6, 2022
Mr. Jose Coyotl
City of Oxnard Planning Commission
305 West Third Street
Oxnard, CA 93030
RE: Proposed Cannabis Retail Facility at 1015 Harbor Blvd., Oxnard, CA 93035 TO THE COMMISSION:
This letter is written to request, in the interests of public safety, that the City of Oxnard Planning Commission deny the proposal for TD Enterprises’ cannabis retail facility. I am a homeowner in Oxnard Shores and I have concerns about the impact a cannabis retail store will have on the area. This shopping center has three intoxicant providers; a liquor store, a sports bar and a brewery. Adding another intoxicant provider creates a potentially dangerous environment where customers can purchase and/or consume alcohol can also purchase and/or consume cannabis products in the same location. This will result in more impaired drivers in the area and on heavily-trafficked Harbor Boulevard.
Another compelling reason to deny the proposal is that cannabis retail operations are targets for crime due to the presence of cash and cannabis products. In Los Angeles, the past nine years have seen an increase in reported crimes at dispensaries. (Kate Ly Johnston, “Pot May Be Legal, But Crime at Dispensaries is Rising.” Crosstown, December 10, 2019. 1 Cannabis retail stores have lines of waiting patrons that other shopping center visitors must maneuver through which puts them in a vulnerable position of ending up in harm’s way. The required presence of armed security guards for this store will impair the friendly beachside ambiance of this small shopping that attracts tourists and visitors.
Additionally, this shopping center already has difficulties related to parking, deliveries and traffic especially on weekends and when the weather attracts beach goers. The cannabis retail store will result in more traffic, decreased parking for other customers and added congestion in the area. My suggestion to the property owner is that a more family-friendly business should open in the available space. The neighborhood would welcome a new dining operation such as a snack bar, taqueria, ice-cream vendor, etc.
I respectfully request that the Commission consider the above issues and deny the request to permit a cannabis retail operation at the above location at the next meeting to be held on January 13, 2022.
Sincerely,
Linnea von Wissmann
1. http://xtown.la/2019/12/10/pot-may-be-legal-but-crime-at-dispensaries-is-rising. 199
Kolwitz, Scott <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Kolwitz, Scott <[email protected]> Sat, Jan 8, 2022 at 3:54 PM Draft
---------- Forwarded message ---------
From: Audrey Martinez-Keller <[email protected]> Date: Fri, Jan 7, 2022 at 2:42 PM
Subject: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Bert Perello ([email protected]) <[email protected]>, <[email protected]> Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd. Please distribute my comments in color to the commission, so the graphics are easy to view.
I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store. Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
200
Kind Regards,
Audrey Keller
(818) 292-0447
Resident Mandalay Bay, Channel Islands Harbor
201
1/10/22, 11:20 AM City of Oxnard Mail - Fwd: [Ask Planning Action] Cannabis retail application https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721594711086373666&simpl=msg-f%3A1721594711086373666 1/2 Coyotl, Jose <[email protected]>
Fwd: [Ask Planning Action] Cannabis retail application
1 message
Lai, Dee <[email protected]> Mon, Jan 10, 2022 at 10:50 AM To: Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]> Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ ---------- Forwarded message ---------
From: 'Mary Susan Kyropoulos' via Planning <[email protected]> Date: Mon, Jan 10, 2022 at 10:48 AM
Subject: [Ask Planning Action] Cannabis retail application To: <[email protected]>
Dear Mr. Coyotl,
The idea of a cannabis retail center at 1015 Harbor Blvd. has already been reviewed in the past by the citizens of Oxnard Shores. We objected to the idea at that time.
Here are some reasons:
1.This type of retail business is attractive to a large number of people. There are established shops here which would feel the impact of crowded parking.
2. Hours of 9am to 9pm invite noise to an area close to residential housing.
3. It would be more appropriate for a store of this type to locate in a large shopping complex where parking, crowds and noise are allowed.
202
1/10/22, 11:20 AM City of Oxnard Mail - Fwd: [Ask Planning Action] Cannabis retail application https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721594711086373666&simpl=msg-f%3A1721594711086373666 2/2 Oxnard Shores considers itself as a reasonable, quiet neighborhood. Our local shops are small and fit the needs and interests of the neighborhood without additions.,
Thank you in advance for your consideration.
Mary Kyropoulos
5251 Wavecrest Way
Oxnard, CA
Sent from my iPad
203
1/10/22, 10:15 AM City of Oxnard Mail - Fwd: [Ask Planning Action] Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721589258679072325&simpl=msg-f%3A1721589258679072325 1/1 Coyotl, Jose <[email protected]>
Fwd: [Ask Planning Action] Oxnard Holistics
1 message
Lai, Dee <[email protected]> Mon, Jan 10, 2022 at 9:23 AM To: Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]> Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ ---------- Forwarded message ---------
From: Robert Murphy <[email protected]>
Date: Mon, Jan 10, 2022 at 8:59 AM
Subject: [Ask Planning Action] Oxnard Holistics
To: Planning <[email protected]>
I oppose locating the Oxnard Holistics pot store in the Oxnard Shores shopping center.
Robert Murphy
Resident and Voter
5247 Whitecap Street
805 5095398
www.maritime-opinions.com
204
1/10/22, 4:49 PM City of Oxnard Mail - Fwd: [Ask Planning Action] Vote NO Pot Store Oxnard Shores https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721617154218449035&simpl=msg-f%3A1721617154218449035 1/2 Coyotl, Jose <[email protected]>
Fwd: [Ask Planning Action] Vote NO Pot Store Oxnard Shores 1 message
Lai, Dee <[email protected]> Mon, Jan 10, 2022 at 4:47 PM To: Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]> Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ ---------- Forwarded message ---------
From: WAYNE PIHLGREN <[email protected]>
Date: Mon, Jan 10, 2022 at 4:42 PM
Subject: [Ask Planning Action] Vote NO Pot Store Oxnard Shores To: [email protected] <[email protected]>
Cc: [email protected] <[email protected]>
This email is in reference to Item 4 (Pot Store in Oxnard Shores) on your meeting agenda January 13,2022. We are extremely concerned that the city would even consider such an establishment in a residential area. Homes in our neighborhood sell for $1,000,000+. We pay high taxes to live here and do not expect to see a Pot Store around the corner of our home. There are many cannabis (Pot Stores) on Channel Islands Blvd already. Do your due diligence that we expect of you and examine the location of where the store will go. Pot Stores DO NOT belong in residential areas like ours. It will substantially increase the risk of illicit behavior and illegal actions in our neighborhood. We have children and families living here and expect the City Council not to degregate the quality of life that we currently have.
VOTE NO FOR LOCATING A POT STORE IN OXNARD SHORES!!
205
1/10/22, 4:49 PM City of Oxnard Mail - Fwd: [Ask Planning Action] Vote NO Pot Store Oxnard Shores https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721617154218449035&simpl=msg-f%3A1721617154218449035 2/2 Wayne & Eva Pihlgren
5237 Whitecap St
Oxnard 93035
Sent from Mail for Windows
206
Planning Commission Meeting
Thursday, January 13, 2022
PROJECT NAME: TD Enterprises, LLC dba Oxnard Holistics
PLANNING AND ZONING PERMIT NO. 21-516-24
Case # PZ 21-516-24
SPECIAL USE PERMIT – CANNABIS RETAIL; OXNARD SHORES and OXNARD DUNES The proposed business is referred to as a “dispensary”. This is a sham. It is a marijuana store; a pot for cash business that is constrained to operate on a strictly cash basis because no FDIC banking institution may dare to dirty its hands by dealing with it.
The City of Oxnard stands to unethically profit from a dubious cash influx harvested from a specifically targeted ostensibly addicted segment of the local population. It should be noted that a polled cross section of local tenants generally favor a “pot shop” while in contrast, the overwhelmingly majority of property taxed homeowners are positively opposed to their property values being undermined by a proposed intentional degradation of community prestige.
A Oxnard Union High School Bus Stop is within 200 feet of the proposed pot shop; meaning school aged children are subjected to an adverse presence.
The proposed marijuana storefront logo bears suspicious resemblance to the City of Oxnard’s own municipal Logo; with the obvious intent to afford a fallacious association with the City’s authority.
There are already no less than three Port Hueneme marijuana selling storefronts within a less than two mile radius of the proposed Oxnard Shores pot shop. It should be noted that in local social circles, Port Hueneme is already sarcastically referred to called “Pot Hueneme”. Is Oxnard Shores destined to be referred to “Potnard Shores”?
What density of pot shops is considered to be beyond a maximum threshold? One on each corner? Has any study been conducted? Apparently not. Oxnard Shores homeowners feel that pot buyers should travel another mile down the road to Pot Hueneme where they can “hook up” their drug of choice in a totally commercial zoned area.
Unlike the Port Hueneme/Channel Islands Blvd pot shops; the Oxnard Shores commercially zoned strip mall is totally circumscribed by residential zoning. As already abundantly demonstrated within the city of Pot Hueneme’s Channel Islands Blvd pot shop vicinity, drug users typically consume their purchases within a mere few blocks of the point of purchase. Oxnard Shores residents do not want to see users using in their neighborhood. Would members of the City Planning Commission countenance such activity in their respective neighborhoods?
The Harbor Blvd/Wooley Road intersection has historically shown itself to be subject to a greater than average number of traffic collisions. Moreover, traffic density is fully expected to increase due to the recent and still in progress so called “Shoreline” extreme high density locally characterized “hamster habitat” residential building project. The presence of a greater population density in conjunction with a pot shop will further exacerbate existing hazardous vehicular and pedestrian traffic risk factors and thus the likelihood of vehicular and pedestrian accidents. Attendant traffic considerations are well documented as demonstrated by broadly published statements of concern as made by the California Association of Police Chiefs as well as the Commissioner of the California State Highway Patrol 207
concerning increased percentages of drivers operating motor vehicles under the influence of Federal Class A Narcotics, e.g. Cocaine, Heroin and Marijuana.
Oxnard Shore residents typically and frequently take small children and toddlers out in strollers and/or take their dogs for a walk. Contextually, the presence of a pot storefront is not conducive to the values of a family community-oriented neighborhood. The California State Department of Consumer Affairs mandate and the City of Port Hueneme and the Port Hueneme Police Department maintain regulatory conditional permitting of pot shops with one condition being that the pot shop be manned by armed, firearm carrying guards during all hours of operation. This requirement will be also required for the presently proposed pot shop and as such would inject a demonstratively negative neighborhood and community atmosphere via the alarming presence of multiple openly exposed, gun wielding guards.
The subject strip mall location already houses a liquor store and two alcohol selling businesses. Is this not enough of a concentration of vice in an already aging, out of place strip mall? The addition of a marijuana storefront will only serve to further degrade the area in much the same manner as would the addition of a casino or bordello.
Business proprietors in the subject strip mall are categorically opposed to the proposed marijuana pot shop storefront but are incapable or unwilling to openly voice their opposition for fear of retaliation from an already too mercenary strip mall property owner.
The proposed pot shop is not an existing facility as defined under CEQA. Its ostensible goal is to sell an untold and potentially vast quantity of material to be immediately combusted and hence released into the atmosphere in close proximity to environmentally sensitive coastline areas with an attendant uncontrolled release of ROC’s, VOC’s, CO and PM sans EPA and Ventura County APCD regulatory oversight.
For the Commission to simplistically maintain that a marijuana site is an “existing facility” and therefore CEQA exempt is to say that this same proposed business could likewise sell for example, an unlimited quantity of elemental Mercury to the populace with no adverse environmental effect.
The Public Notice as published by the City of Oxnard references a virtual meeting to held at 6:00pm on November 15, 2021 via “Google Hangouts” but fails to provide any guidance or instruction to the public as the location or use the Google application; this mysteriously assuming the that the public at large possesses some magical comprehension of exactly what “Google Hangouts” is and how to utilize it. This blatantly obvious omission is clearly more in defiance of than in accordance with the spirit of Assembly Bill 361.
In conclusion; It would appear that this hearing is meant to serve as a permitting rubberstamp. Is this proposed permit a fait accompli ? The concerned residents of Oxnard Shores and the Dunes hope such is not the case and hereby urge that that the proposed permit be unanimously, if not heartily denied.
Clement and Katherine Alberts
Oxnard Shores
208
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
MEMORANDUM
Agenda Item No.: F.4
Date: January 11, 2022
To: Planning Commission
From: Jose Coyotl, Associate Planner (805) 385-7863
Scott Kolwitz, Planning & Environmental Services Manager Subject: Transmittal Memo No. 2 – TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP) - PLANNING AND ZONING PERMIT No. 21-516-24 (Retail): Located at 1015 Harbor Boulevard (APN: 191-0-075-015). A request to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site within the Commercial Neighborhood Convenience (CNC) zone. Proposed development includes tenant improvements: installation of interior wall partitioning, plumbing upgrades, upgrades to an existing fire alarm system, security upgrades to the existing building, and installation of new secure doors/windows.
Cannabis retail operations will be conducted between the hours from 9:00 AM to 9:00 PM daily. Filed by Kristine Byers (“Applicant”), 2801 B Street Unit 161, San Diego, CA 92101, on behalf of TD Enterprise, LLC. dba Oxnard Holistics.
Subsequent to the release of the staff report, the City has received inquiries about the crime rate in this area. The Police Department has provided the attached document which illustrates the area has a low crime rate.
Additionally, subsequent to the release of the Staff Report, staff has received additional public correspondence regarding the subject project (attached).
Attachments
A. Letter dated January 11, 2022, prepared by the Police Department B. Email dated January 11. 2022, sent by John Fisher
C. Email dated January 11, 2022, sent by Deirdre Frank
D. Email dated January 11, 2022, sent by Gary Ross
E. Email dated January 11, 2022, sent by Edward McSpedon F. Email dated January 11, 2022, sent by Adry Ezcurra
G. Email dated January 11, 2022, sent by Bonnie Mercadante 209
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
H. Email dated January 11, 2022, sent by Audrey Martinez-Keller I. Email dated January 11, 2022, sent by Lawrence and Magretan Howie 210
Police Department
Jason Benites, Chief of Police
January 11, 2022
To: Jose Coyotl, Associate Planner
Scott Kolwitz, Planning & Environmental Services Manager From: Alex Arnett, Patrol Support Division Commander
Scott Swenson, Safer Neighborhoods and Alcohol Compliance Specialist Subject: TD Enterprise LLC dba Oxnard Holistics, 1015 Harbor Boulevard PZ 21-516-24, Commercial Cannabis Business Retail SUP
After the staff report for this project was submitted to the Planning Commission, the Police Department received a request for crime statistics for the area around the applicant's site. This chart utilizes the same data collection process as that used for our Alcohol Special Use Permit Reviews.
For comparison purposes the Police Department calculates the average number of Part I
1 and II2 crimes that occurred during a selected 12-month period. In the case of this
1 Part I crimes include: murder, rape, robbery, theft, burglary, auto theft, assault, and arson. 2 Part II crime include: other assaults, forgery & counterfeiting, fraud, embezzlement, stolen property, vandalism, weapons, prostitution & commercialized vice, sex offenses, drug abuse violations, gambling,
31.0 32.1
137.3
12.6 41.2
0.0 50.0 100.0 150.0
Applicant's Annular Rate:
Residential Annular Rate:
Commercial Annular Rate:
Industrial Annular Rate:
City-Wide Annular Rate:
2020 Crime Rate Comparisons
211
report, all calculations are based on statistics from 2020. The average city-wide, annular average of Part I and II crimes is 41.2.
The average number of Part I and II crimes in the applicant’s 1000 feet annular area is
31. This is 23.6% of the average for commercial properties citywide and can be best illustrated in the attached graph.
offenses against family and children, driving under the influence, liquor laws, drunkenness, disorderly conduct, vagrancy, all other offenses not specifically identified as Part I or Part II, except traffic violations. 212
1/12/22, 10:09 AM City of Oxnard Mail - Feedback
https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721683312959162030&simpl=msg-f%3A1721683312959162030 1/1 Coyotl, Jose <[email protected]>
Feedback
1 message
John Fisher <[email protected]> Tue, Jan 11, 2022 at 10:19 AM To: [email protected]
I cannot attend the video conference but my wife and I fully support the opening of a new cannabis store in the plaza on harbor Blvd next to the bottle shop liquor store. If this positive support matters please forward it on as necessary. Thanks Sent from my iPhone
213
1/12/22, 10:25 AM City of Oxnard Mail - Planning Commission 1/13/21 Oxnard Shores Dispensary. (WITHOUT ATTACHMENTS WHICH WILL FOLLOW) o… https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721700674767896534&simpl=msg-f%3A1721700674767896534 1/2 Coyotl, Jose <[email protected]>
Planning Commission 1/13/21 Oxnard Shores Dispensary. (WITHOUT ATTACHMENTS WHICH WILL FOLLOW) ok to forward
1 message
Deirdre Frank <[email protected]> Tue, Jan 11, 2022 at 2:55 PM Reply-To: Deirdre Frank <[email protected]>
To: "[email protected]" <[email protected]>
-----Original Message-----
From: Deirdre Frank <[email protected]>
To: [email protected] <[email protected]>
Sent: Tue, Jan 11, 2022 2:16 pm
Subject: PC 1/13/21 Item 4 Cannabis Dispensary Oxnard Shores
WHY THE SUP FOR PROPOSED CANNABIS DISPENSARY IN OXNARD SHORES SHOULD BE DENIED OR CONTINUED TO ALLOW THE CITY MANAGER TO MODIFY THE REQUEST FOR APPLICATION.
Oxnard Ordinance 2994, passed in December, 2020 sets forth the provisions for establishing regulations and procedures for implementing storefront retail cannabis sales, as well as other cannabis related activities. SEC 11-450 states it is the PURPOSE AND INTENT of the Ordinance to "regulate the Cultivation, Processing, manufacturing, testing, SALE . . .of Cannabis and Cannabis Products in a RESPONSIBLE MANNER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY. . ."
The Ordinance grants complete control to the City Manager/Designee to adopt procedures to govern the application process as well as the decision to be made regarding the issuance of any Commercial Cannabis Business Permit. Per SEC 11-457(I) . . ."prior to permit issuance by the City Council, THE CITY MAY ALSO MODIFY, POSTPONE, OR CANCEL any request for applications . . .without liability, obligation, or commitment to any party . . ." SEC 11-457(F) says . . ."the city manager reserves the right to reject any or all applications if the city manager determines it would be in the best interest of the city, TAKING INTO ACCOUNT ANY HEALTH, SAFETY AND WELFARE IMPACTS on the community."
Residents of Oxnard Shores request that the City request modification of the application as to location or, in the alternative, that the Planning Commission deny the SUP.
This is a total residential environment except for this small strip mall where all storefronts are connected. There are 3 alcohol outlets (1 liquor store, 1 full bar open until 1 a.m. and a brewery). Oxnard Ordinance 2994 states in SEC 11- 478 RESTRICTIONS ON ALCOHOL AND TOBACCO SALES (A) No person shall cause or permit the sale, dispensing or consumption of alcoholic beverages on OR ABOUT the premises of the Commercial Cannabis Business. (B) No person shall cause or permit the sale of tobacco products on OR ABOUT the premises of the Commercial Cannabis Business. This location cannot conform to these restrictions.
The parking requirements of 1 space for 250 feet do not address the probable future needs of the existing businesses there to use parking for outdoor service as was done during COVID lockdown, something that should now be considered with all parking requirements as Ventura is doing re: its downtown parking.
This strip mall has 2 vacant spaces now. The potential dispensary space had, as an anticipated tenant, Tacos El Diablo, that thrilled our neighborhood! Signs were posted and then, poof, it was gone, relocated to C & 5th Street in Downtown Oxnard to allow the dispensary to apply for the location. This is not an abandoned center that needs a tenant, activity flows from the neighborhood to pick up pizza, cakes, laundry, vitamins, to use postal services, go for drinks and dinner, get ice cream at the mini market/liquor store. It is a busy place, see attachments for time lapse video showing same. Note from the videos that there is only 1 "street" (Wooley) and 1 "Way" ( Outrigger) to access the strip mall. There is no direct access off Harbor Blvd. Note also, the pedestrian/bike/vehicle traffic flow (cars using the parking lot to "pass through" to avoid the intersection at Harbor & Wooley, an intersection rife with accident statistics).
Finally, to the extent that neighborhood involvement is considered, I note that the MAPS were "conceptually identified on land use maps", "conceptually permitted in property zoned" neighborhoods (see SEC 11-473 (B)) without any 214
1/12/22, 10:25 AM City of Oxnard Mail - Planning Commission 1/13/21 Oxnard Shores Dispensary. (WITHOUT ATTACHMENTS WHICH WILL FOLLOW) o… https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721700674767896534&simpl=msg-f%3A1721700674767896534 2/2 specific location identified to the neighborhoods until after the application process began. Council only approved these conceptual maps NOT specific locations.
There was discussion about whether to consider Residential as a "sensitive use" and extending the sensitivity area(s) to 1,000 feet, both were rebuffed by Planning and Council. Many Cities DID include Residential as a sensitive use. It would have been perfect to apply to a neighborhood such as the Shores, given the extreme close proximity of the residential to the strip mall, less than 300 feet. A recommendation could be made by this Commission to have this revisited by the City Manager AND Council as this Ordinance allows for revisions.
Thank you.
Deirdre Frank
5244 Seabreeze Way
Oxnard, CA 93035
215
1/12/22, 10:30 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699239963487378&simpl=msg-f%3A1721699239963487378 1/3 Coyotl, Jose <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 2:31 PM To: "Seydoux, Simone" <[email protected]>, Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]>
Hi Jose,
See below email from Simone.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Tue, Jan 11, 2022 at 2:14 PM Seydoux, Simone <[email protected]> wrote:
Comment
---------- Forwarded message ---------
From: Gary Ross <[email protected]>
Date: Fri, Jan 7, 2022 at 3:04 PM
Subject: Re: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Audrey Martinez-Keller <[email protected]> Cc: Bert Perello ([email protected]) <[email protected]>, <[email protected]> I agree with you.
On Fri, Jan 7, 2022 at 2:42 PM Audrey Martinez-Keller <[email protected]> wrote:
Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd. Please distribute my comments in color to the commission, so the graphics are easy to view. 216
1/12/22, 10:30 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699239963487378&simpl=msg-f%3A1721699239963487378 2/3 I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store.
Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
Kind Regards,
Audrey Keller
(818) 292-0447
Resident Mandalay Bay, Channel Islands Harbor
217
1/12/22, 10:30 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699239963487378&simpl=msg-f%3A1721699239963487378 3/3 --
Gary Ross
CEO & Founder
e: [email protected]
p: 805-981-1773 | f: 805-981-1542
218
1/12/22, 10:33 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699298348161495&simpl=msg-f%3A1721699298348161495 1/2 Coyotl, Jose <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 2:32 PM To: "Seydoux, Simone" <[email protected]>, Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]>
Jose & Scott,
See email from Simone.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Tue, Jan 11, 2022 at 2:15 PM Seydoux, Simone <[email protected]> wrote:
---------- Forwarded message ---------
From: Edmail <[email protected]>
Date: Fri, Jan 7, 2022 at 3:52 PM
Subject: Re: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Audrey Martinez-Keller <[email protected]> Cc: Bert Perello ([email protected]) <[email protected]>, <[email protected]> Please count me as a no vote as well. The shores is one of Oxnards best neighborhoods. Homes here are expensive and we pay more than our share of money in real estate taxes, sales taxes etc. That liquor store is not a great asset but is tolerable because it’s primarilly a neighborhood convenience store. A Cannabis store would a 100% attractive nuisance and a blight at this location.
Edward McSpedon
965 Mandalay Beach Road
219
1/12/22, 10:33 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699298348161495&simpl=msg-f%3A1721699298348161495 2/2 Sent from my iPhone
On Jan 7, 2022, at 2:42 PM, Audrey Martinez-Keller <[email protected]> wrote:
Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd.
Please distribute my comments in color to the commission, so the graphics are easy to view.
I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store. Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
<image.png>
[Quoted text hidden]
220
1/12/22, 10:36 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699342889126824&simpl=msg-f%3A1721699342889126824 1/2 Coyotl, Jose <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 2:33 PM To: "Seydoux, Simone" <[email protected]>, Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]>
Jose and Scott,
Here's another one.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Tue, Jan 11, 2022 at 2:15 PM Seydoux, Simone <[email protected]> wrote:
---------- Forwarded message ---------
From: Adry Ezcurra <[email protected]>
Date: Sat, Jan 8, 2022 at 12:55 PM
Subject: Re: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Audrey Martinez-Keller <[email protected]> Cc: Bert Perello ([email protected]) <[email protected]>, <[email protected]> I agree with you. AE
On Fri, Jan 7, 2022 at 2:42 PM Audrey Martinez-Keller <[email protected]> wrote:
Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd. Please distribute my comments in color to the commission, so the graphics are easy to view. 221
1/12/22, 10:36 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699342889126824&simpl=msg-f%3A1721699342889126824 2/2 I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store.
Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
[Quoted text hidden]
--
Adry Ezcurra
222
1/12/22, 10:38 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699362913355475&simpl=msg-f%3A1721699362913355475 1/2 Coyotl, Jose <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 2:33 PM To: "Seydoux, Simone" <[email protected]>, Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]>
Here's another one.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Tue, Jan 11, 2022 at 2:15 PM Seydoux, Simone <[email protected]> wrote:
---------- Forwarded message ---------
From: Bonnie Mercadante <[email protected]>
Date: Tue, Jan 11, 2022 at 1:41 PM
Subject: Re: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Audrey Martinez-Keller <[email protected]> Cc: Bert Perello ([email protected]) <[email protected]>, [email protected] <[email protected]>, Mike Mercadante <[email protected]>
Bert
I agreed 100% with Audrey’s assessment! I don’t want to see any CBD stores in our neighborhood for the reasons she stated!
There are plenty other similar stores in the area within a short drive if someone really wants those products. 223
1/12/22, 10:38 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699362913355475&simpl=msg-f%3A1721699362913355475 2/2 Bonnie
Sent from my iPhone
On Jan 7, 2022, at 2:42 PM, Audrey Martinez-Keller <[email protected]> wrote:
Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd.
Please distribute my comments in color to the commission, so the graphics are easy to view.
I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store. Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
<image.png>
[Quoted text hidden]
224
1/12/22, 10:40 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699391624388164&simpl=msg-f%3A1721699391624388164 1/2 Coyotl, Jose <[email protected]>
Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 2:34 PM To: "Seydoux, Simone" <[email protected]>, Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]>
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Tue, Jan 11, 2022 at 2:14 PM Seydoux, Simone <[email protected]> wrote:
There are several emails on this thread. I will send them separately. ---------- Forwarded message ---------
From: Audrey Martinez-Keller <[email protected]> Date: Fri, Jan 7, 2022 at 2:42 PM
Subject: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics To: Bert Perello ([email protected]) <[email protected]>, <[email protected]> Dear Bert,
Please submit my personal letter for entry as an objection to item F4 Cannabis store on Harbor Blvd. Please distribute my comments in color to the commission, so the graphics are easy to view.
I am not in favor of the Cannabis store on Harbor Blvd. I believe that this location is not appropriate, given the fact it is part of the neighborhood where families go for donuts, pizza and milk or eggs (and booze) at the local liquor store. Yes there is a liquor store, but it serves Oxnard Shores/Dunes and Channel Islands neighbors as a little quaint destination to walk or run-in.
225
1/12/22, 10:40 AM City of Oxnard Mail - Fwd: Planning Commission Meeting on Thursday 13th Item F-4: TD Enterprise LLC dba Oxnard Holistics https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721699391624388164&simpl=msg-f%3A1721699391624388164 2/2 My point is that it is a relatively safe place to stop in or walk to for our local families. Once a cannabis store moves in, that safe place perception is OVER. This type of business impacts the entire circle of residents that are serviced by these wonderful businesses.
It is not family friendly, not good for real estate values and not good for a healthy lifestyle.
Personally it is a shameful move by the City Planners to suggest this location. I attended the initial meeting where the City planners promised the future cannabis businesses would be limited to commercial/industrial areas. Just because there is an existing liquor store doesn't mean that this neighborhood should be further exploited or blighted, because of City sales tax greed. Take a look at the maps I've enclosed. There are already TWO cannabis retail stores a mile or so away from the proposed Oxnard City site. Make Oxnard the safe haven for your residents. If residents want to buy cannabis, they already know they can drive to Port Hueneme in less than 5 minutes.
Please vote against this development.
[Quoted text hidden]
226
1/12/22, 10:46 AM City of Oxnard Mail - Fwd: [Ask Planning Action] Strong disapproval against TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis… https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721712064313061691&simpl=msg-f%3A1721712064313061691 1/2 Coyotl, Jose <[email protected]>
Fwd: [Ask Planning Action] Strong disapproval against TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Retail SUP 1 message
Lai, Dee <[email protected]> Tue, Jan 11, 2022 at 5:55 PM To: Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]> Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ ---------- Forwarded message ---------
From: 'Magretan Howie' via Planning <[email protected]> Date: Tue, Jan 11, 2022 at 5:53 PM
Subject: [Ask Planning Action] Strong disapproval against TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Retail SUP
To: <[email protected]>
Lawrence and Magretan Howie
5101 Breakwater Way
Oxnard, CA 93035
January 11, 2022
RE: Oxnard Planning Commission
Notice of Public Hearing
Thursday January 13, 2022
Project Name and Location: TD Enterprise LLC dba Oxnard Holistics - 227
1/12/22, 10:46 AM City of Oxnard Mail - Fwd: [Ask Planning Action] Strong disapproval against TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis… https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721712064313061691&simpl=msg-f%3A1721712064313061691 2/2 Commercial Cannabis Business Retail SUP
1015 Harbor Boulevard (APN: 191-0-075-015)
We live at 5101 Breakwater Way which is a corner lot that has only a small brick fence between our home and the back parking lot of the shopping center that the cannabis shop wants to work out of which is about 500 feet away. That puts our home directly in the vicinity of this shop.
We have noted already that people have stood outside of the liquor store smoking marijuana. What will happen when the cannabis shop is here?
The shop keepers we have talked to do not feel that this business would work in their best interest and we feel the same.
How can customers of the donut shop feel comfortable going there during the day often with children or for families to use the laundromat or the cleaners? How can someone feel safe at the restaurant or the pizza parlor in their outside seating?
It is extremely upsetting to learn that this shop will have armed guards. No shop there needs armed guards now, but might they after the marijuana shop is in? Our concern is, if shooting ever took place, what would we do? We are both over 70 and take care of our 89-year-old mother. How can we feel safe with a shop with armed guards? Other cannabis shops are actually being robbed. This is not a minor matter.
The neighborhood is made up of retired individuals like ourselves and families. These houses are well kept and relatively safe. That will not be the case if the cannabis shop is allowed to move in. Many of these homes are in the million dollar plus category and contribute considerably to the tax base of the City of Oxnard. What will happen to the property values?
Finally, while we sympathize with the person who owns the now empty shop in question and his desire to fill it with a paying tenant, the fact is Oxnard Shores has not needed a cannabis shop and still does not.
If someone thinks they need cannabis, global positioning can help them find an already existing shop with a fifteen minute trip or less.
For the above reasons we strongly urge the counsel not to allow this type of store in this neighborhood.
Sincerely,
Lawrence and Magretan Howie
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
MEMORANDUM
Agenda Item No.: F.4
Date: January 13, 2022
To: Planning Commission
From: Jose Coyotl, Associate Planner (805) 385-7863
Scott Kolwitz, Planning & Environmental Services Manager Subject: Transmittal Memo No. 4 – TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP) - PLANNING AND ZONING PERMIT No. 21-516-24 (Retail): Located at 1015 Harbor Boulevard (APN: 191-0-075-015). A request to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site within the Commercial Neighborhood Convenience (CNC) zone. Proposed development includes tenant improvements: installation of interior wall partitioning, plumbing upgrades, upgrades to an existing fire alarm system, security upgrades to the existing building, and installation of new secure doors/windows.
Cannabis retail operations will be conducted between the hours from 9:00 AM to 9:00 PM daily. Filed by Kristine Byers (“Applicant”), 2801 B Street Unit 161, San Diego, CA 92101, on behalf of TD Enterprise, LLC. dba Oxnard Holistics.
In October 2021, the City received inquiries about calls for service at this property. The Police Department provided the attached Dispatch Records.
Additionally, subsequent to the release of the Staff Report, staff has received additional public correspondence regarding the subject project (attached).
Attachments
A. Police Department Dispatch Records June 2018, 2018, through July 28, 2021 B. Email dated January 12, 2022 sent by Katherine Beattie C. Email dated January 12, 2022 sent by Mary Ellen
D. Email dated January 12, 2022 sent by Mitch Faulkner
E. Email dated January 12, 2022 sent by Ron Hood
F. Email dated January 12, 2022 sent by Mark & Renee Ostrove G. Email dated January 12, 2022 sent by Wayne Pihlgren
H. Email dated January 12, 2022 sent by Stuart Horwitz
320
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
I. Email dated January 12, 2022 sent by Sarah Reynolds
J. Email dated January 12, 2022 sent by Gary & Marilyn Rudolph K. Email dated January 12, 2022 sent by Angela Staff
L. Email dated January 12, 2022 sent by Janet Tausig
M. Email dated January 12, 2022 sent by Pamela Toderan
N. Email dated January 12, 2022 sent by George White
O. Email dated January 13, 2022, sent by Bob Fust
P. Email dated January 13, 2022 sent by Deirdre Frank
Q. Email dated January 13, 2022 sent by Susan Levine
R. Email dated January 13, 2022, sent by Emi Yazici.
S. Email dated January 11, 2022 sent by Deirdre Frank
321
Incident Number Call Date/Time Officers Dispositions Location Incident Type =============== =================== =========================================================== ========================== ============= 7/28/2021 13:31 GOA - 1, ASS - 1 1009 S HARBOR BLVD, Oxnard HOM 6/30/2021 16:45 ADV - 1 1009 S HARBOR BLVD, Oxnard FOLLOW UP 10/11/2020 18:48 ASS - 1, ARR - 1 1009 S HARBOR BLVD, Oxnard HOM 9/29/2020 11:11 RPT - 1 1009 S HARBOR BLVD, Oxnard VANDALISM 7/2/2020 15:55 ASS - 1, ADV - 1 1009 S HARBOR BLVD, Oxnard FOLLOW UP 1/19/2020 12:05 GOA - 1 1009 S HARBOR BLVD, Oxnard HOM
11/10/2019 21:29 22 - 1 1009 S HARBOR BLVD, Oxnard HOM
7/27/2019 15:24 GOA - 1 1009 S HARBOR BLVD, Oxnard HOM
4/14/2019 11:24 GOA - 1 1009 S HARBOR BLVD, Oxnard HOM
3/27/2019 11:03 RPT - 1 1009 S HARBOR BLVD, Oxnard VANDALISM 3/13/2019 10:18 GOA - 1 1009 S HARBOR BLVD, Oxnard HOM
12/28/2018 19:57 HOM - 1, ADV - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 12/24/2018 11:40 GOA - 1, ASS - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 12/9/2018 15:22 GOA - 1, ADV - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 12/1/2018 22:44 ASS - 1, ADV - 2 1009 S HARBOR BLVD, Oxnard DISTURBANCE 11/10/2018 20:40 ADV - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 10/28/2018 11:28 22 - 2 1009 S HARBOR BLVD, Oxnard DISTURBANCE 10/26/2018 15:08 GOA - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 9/17/2018 20:30 ASS - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 6/2/2018 18:17 GOA - 1, ASS - 1 1009 S HARBOR BLVD, Oxnard DISTURBANCE 1009 S HARBOR BLVD, OXNARD, CA
01/01/2018 - PRESENT
322
Incident Number Call Date/Time Officers Dispositions Location Incident Type =============== =================== ========================================================================= ========================== ==================== 9/29/2021 23:33 SEC - 1, FAL - 1 1031 S HARBOR BLVD, Oxnard ALARM 9/24/2021 14:15 UTL - 1 1031 S HARBOR BLVD, Oxnard ANIMAL COMPLAINT 9/13/2021 3:38 ADV - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 8/22/2021 21:51 GOA - 1, ASS - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 8/2/2021 22:42 SEC - 1, FAL - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 7/17/2021 4:00 SEC - 1, FAL - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 7/12/2021 23:03 SEC - 1, FAL - 1 1031 S HARBOR BLVD, Oxnard ALARM 7/1/2021 16:05 RPT - 1 1031 S HARBOR BLVD, Oxnard FOLLOW UP 6/14/2021 23:29 OTH - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 6/9/2021 0:01 137 - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard DOMESTIC 3/27/2021 23:42 ASS - 1, ADV - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 3/24/2021 21:06 ASS - 1, 22 - 1 1031 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 3/7/2021 12:14 ADV - 1 1031 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 2/7/2021 21:37 UNF - 1 1031 S HARBOR BLVD, Oxnard 911
12/31/2020 20:16 QOA - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 12/23/2020 15:15 ASS - 1, ADV - 1 1031 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 11/29/2020 21:26 ASS - 1, ARR - 1 1031 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 11/13/2020 22:01 QOA - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 11/13/2020 20:32 ADV - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 9/29/2020 21:41 ADV - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 9/20/2020 21:07 ADV - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 9/17/2020 21:07 ADV - 1 1031 S HARBOR BLVD, Oxnard HOM
8/20/2020 23:30 QOA - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 7/11/2020 23:58 ADV - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 7/4/2020 15:08 ADV - 1 1031 S HARBOR BLVD, Oxnard 911
7/4/2020 12:46 ASS - 1, ADV - 1 1031 S HARBOR BLVD, Oxnard HOM 6/16/2020 21:21 GOA - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 6/9/2020 8:39 ADV - 2 1031 S HARBOR BLVD, Oxnard TRAFFIC STOP 6/9/2020 6:18 ADV - 1 1031 S HARBOR BLVD, Oxnard HOM
6/7/2020 22:53 RPT - 1 1031 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 5/14/2020 14:03 UNF - 1 1031 S HARBOR BLVD, Oxnard 911
5/4/2020 2:19 RPT - 2 1031 S HARBOR BLVD, Oxnard VANDALISM 3/27/2020 16:24 UNF - 1 1031 S HARBOR BLVD, Oxnard 911
3/18/2020 19:18 ASS - 1, ARR - 1 1031 S HARBOR BLVD, Oxnard FOLLOW UP 1/17/2020 1:58 SEC - 1, FAL - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 1/11/2020 23:32 ASS - 1, ARR - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 12/31/2019 22:56 ADV - 1 1031 S HARBOR BLVD, Oxnard BAR CHECK 11/10/2019 19:33 GOA - 1, UNF - 1 1031 S HARBOR BLVD, Oxnard DUI 10/10/2019 23:50 IMP - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ANIMAL COMPLAINT 9/22/2019 5:32 HOM - 1, ASS - 1, ADV - 1 1031 S HARBOR BLVD, Oxnard HOM 9/20/2019 7:03 HOM - 1, GOA - 1 1031 S HARBOR BLVD, Oxnard HOM 9/7/2019 21:32 ASS - 2, ADV - 1 1031 S HARBOR BLVD, Oxnard DISORDERLY CONDUCT 8/19/2019 2:01 SEC - 1, FAL - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 8/10/2019 23:28 ADV - 1 1031 S HARBOR BLVD, Oxnard DOMESTIC 7/23/2019 1:45 SEC - 1, FAL - 1 1031 S HARBOR BLVD, Oxnard ALARM 6/28/2019 20:28 ASS - 1 1031 S HARBOR BLVD, Oxnard DISORDERLY CONDUCT 4/24/2019 1:53 SEC - 1, FAL - 1 1031 S HARBOR BLVD, Oxnard ALARM 3/8/2019 2:53 SEC - 1, FAL - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 3/2/2019 3:31 SEC - 1, FAL - 1 1031 S HARBOR BLVD, Oxnard ALARM 2/21/2019 1:43 SYS - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 2/20/2019 2:21 SYS - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard ALARM 11/28/2018 23:53 ADV - 2 1031 S HARBOR BLVD, Oxnard DISTURBANCE 11/22/2018 3:17 SYS - 2 1031 S HARBOR BLVD, Oxnard ALARM 10/9/2018 0:03 ASS - 3, CIT - 1 1031 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 8/7/2018 1:42 ASS - 1, ARR - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 6/8/2018 16:11 ASS - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 3/15/2018 15:16 ADV - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 2/8/2018 13:55 HOM - 1, ASS - 1 1031 S HARBOR BLVD, Oxnard DISTURBANCE 10ϯ1 S HARBOR BLVD, OXNARD, CA
01/01/2018 - PRESENT
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Incident Number Call Date/Time Officers Dispositions Location Incident Type =============== =================== ================================= ========================== ========================== ============================== 9/11/2021 1:36 SEC - 1, FAL - 1 1035 S HARBOR BLVD, Oxnard ALARM 8/25/2021 18:50 UTL - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 8/19/2021 16:14 ADV - 1 1035 S HARBOR BLVD, Oxnard ANIMAL COMPLAINT 5/30/2021 12:26 ASS - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard REQUEST FOR OFFICER 5/30/2021 10:10 ADV - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 5/28/2021 14:01 ASS - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC COLLISION 5/26/2021 20:02 ADV - 1 1035 S HARBOR BLVD, Oxnard FOLLOW UP 5/26/2021 9:22 ADV - 1 1035 S HARBOR BLVD, Oxnard HOM
5/5/2021 16:15 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 4/21/2021 10:50 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard HOM 1/27/2021 15:58 GOA - 1 1035 S HARBOR BLVD, Oxnard THEFT 12/7/2020 18:34 UTL - 1 1035 S HARBOR BLVD, Oxnard HOM
11/19/2020 16:29 ASS - 4, RPT - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC COLLISION 11/19/2020 16:29 ASS - 4, RPT - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC COLLISION 11/12/2020 11:52 ADV - 1 1035 S HARBOR BLVD, Oxnard DISORDERLY CONDUCT 10/16/2020 21:53 RPT - 1 1035 S HARBOR BLVD, Oxnard FOLLOW UP 10/14/2020 4:05 ASS - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 9/13/2020 9:21 ADV - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 8/29/2020 15:20 ADV - 1 1035 S HARBOR BLVD, Oxnard HOM
8/26/2020 12:25 ASS - 1 1035 S HARBOR BLVD, Oxnard REQUEST FOR OFFICER 8/16/2020 12:10 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC COLLISION 8/16/2020 1:47 22 - 1 1035 S HARBOR BLVD, Oxnard ASSIST OTHER AGENCY/DEPARTMENT 7/28/2020 20:26 ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 7/20/2020 9:06 GOA - 1, ASS - 1 1035 S HARBOR BLVD, Oxnard DOMESTIC 7/6/2020 13:04 HOM - 1, ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 6/25/2020 14:05 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 6/21/2020 1:53 ASS - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 6/4/2020 9:28 RPT - 1 1035 S HARBOR BLVD, Oxnard VIOLATION OF COURT ORDER 5/28/2020 12:09 ADV - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 5/16/2020 21:34 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard HOM 1/27/2020 20:36 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 1/9/2020 0:02 GOA - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 12/21/2019 17:59 ADV - 1 1035 S HARBOR BLVD, Oxnard HOM 12/17/2019 11:51 CIT - 1 1035 S HARBOR BLVD, Oxnard DUI 11/30/2019 16:00 CIT - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 11/6/2019 17:52 UTL - 1, ASS - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 11/6/2019 8:33 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard HOM 10/26/2019 17:21 GOA - 1, ASS - 1 1035 S HARBOR BLVD, Oxnard HOM 7/26/2019 5:40 SEC - 1, FAL - 1 1035 S HARBOR BLVD, Oxnard ALARM 7/15/2019 15:14 ASS - 1 1035 S HARBOR BLVD, Oxnard SUBJECT STOP 7/6/2019 13:03 GOA - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 6/14/2019 11:18 FI - 1 1035 S HARBOR BLVD, Oxnard SUBJECT STOP 5/21/2019 18:13 CIT - 1 1035 S HARBOR BLVD, Oxnard THEFT 4/30/2019 12:56 ADV - 1 1035 S HARBOR BLVD, Oxnard FOLLOW UP 4/20/2019 6:38 ADV - 1 1035 S HARBOR BLVD, Oxnard HOM
4/18/2019 0:26 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC COLLISION 3/20/2019 13:23 GOA - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 3/10/2019 10:45 CIT - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 2/25/2019 21:21 OTH - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 2/21/2019 20:21 RPT - 1 1035 S HARBOR BLVD, Oxnard FOLLOW UP 2/11/2019 15:26 ASS - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 2/10/2019 21:44 ATL - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 11/11/2018 3:50 ASS - 1, ARR - 1 1035 S HARBOR BLVD, Oxnard SUBJECT STOP 11/4/2018 8:18 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 10/23/2018 0:14 ASS - 1, CAN - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 10/2/2018 12:22 ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 10/2/2018 11:47 GOA - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 9/25/2018 19:02 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 9/21/2018 14:58 ASS - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard SUICIDAL SUBJECT 9/20/2018 21:03 GOA - 1, ASS - 1 1035 S HARBOR BLVD, Oxnard DOMESTIC 9/11/2018 9:34 FI - 1 1035 S HARBOR BLVD, Oxnard SUBJECT STOP 8/29/2018 15:32 ASS - 1, ARR - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 8/28/2018 2:16 ASS - 1, ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 8/26/2018 7:52 ASS - 1, ADV - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 8/26/2018 7:52 ASS - 1, ADV - 1, RPT - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 8/23/2018 1:44 RPT - 1 1035 S HARBOR BLVD, Oxnard LOST/FOUND PROPERTY 8/17/2018 16:36 GOA - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 8/10/2018 20:00 ASS - 2 1035 S HARBOR BLVD, Oxnard ASSAULT 7/8/2018 15:31 ATL - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 6/25/2018 13:06 RPT - 1 1035 S HARBOR BLVD, Oxnard STOLEN VEHICLE 6/25/2018 13:06 RPT - 1 1035 S HARBOR BLVD, Oxnard STOLEN VEHICLE 6/11/2018 3:38 GOA - 1, ASS - 1 1035 S HARBOR BLVD, Oxnard CHECK THE WELL BEING 4/1/2018 1:55 ASS - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 3/27/2018 19:34 ADV - 1 1035 S HARBOR BLVD, Oxnard SUBJECT STOP 3/20/2018 4:58 RPT - 1 1035 S HARBOR BLVD, Oxnard BURGLARY 3/18/2018 18:59 ADV - 1 1035 S HARBOR BLVD, Oxnard DISTURBANCE 3/8/2018 14:55 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 3/6/2018 6:24 GOA - 1 1035 S HARBOR BLVD, Oxnard SUSPICIOUS ACTIVITY 1/27/2018 4:43 ADV - 1 1035 S HARBOR BLVD, Oxnard TRAFFIC STOP 1/26/2018 15:29 ASS - 2 1035 S HARBOR BLVD, Oxnard DISTURBANCE 10ϯϱ S HARBOR BLVD, OXNARD, CA
01/01/2018 - PRESENT
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1/13/22, 5:12 PM City of Oxnard Mail - FW: Proposed Oxnard Shores Pot Shop https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721813279098342851&simpl=msg-f%3A1721813279… 1/1 Coyotl, Jose <[email protected]>
FW: Proposed Oxnard Shores Pot Shop
1 message
[email protected] <[email protected]> Wed, Jan 12, 2022 at 8:44 PM To: [email protected], [email protected]
Comment provided to the Oxnard Shores Neighborhood Council for the Planning Commission Meeting 1_13_2022 Item#4
From: Ron Hood <[email protected]>
Sent: Monday, January 10, 2022 9:37 AM
To: [email protected]
Cc: [email protected]; [email protected]; [email protected]
Subject: Proposed Oxnard Shores Pot Shop
City of Oxnard;
Some of us in the Shores neighborhood oppose the proposed Pot Shop in the Shores shopping center for multiple reasons. Such as, 1) there are already plenty of Pot Shops in Oxnard; 2) we don't need another vice shop in the Shores neighborhood shopping center, which most likely would negatively impacts the community at large due to the statistical issues associated with such (i.e., crime).
Ron Hood
5126 Outrigger Way
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1/13/22, 4:55 PM City of Oxnard Mail - FW: Planning Commission Meeting January 13th Item #4 https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721813199969977359&simpl=msg-f%3A1721813199… 1/2 Coyotl, Jose <[email protected]>
FW: Planning Commission Meeting January 13th Item #4
[email protected] <[email protected]> Wed, Jan 12, 2022 at 8:43 PM To: [email protected], [email protected]
Comment provided to the Oxnard Shores Neighborhood Council for the Planning Commission Meeting 1_13_2022 Item#4
From: Renee Ostrove <[email protected]>
Sent: Tuesday, January 11, 2022 12:05 PM
To: [email protected]
Subject: Planning Commission Meeting January 13th Item #4 I think putting a marijuana dispensary in our residential neighborhood is a horrible idea. Our neighborhood children walk to that center every day to get doughnuts at “Heavenly Cakes”, they go to the “Bottle Shop” for an ice cream or a soda in the summer time. We take our kids and grand kids for a slice at the “Pizza Company”. Our children accompany their parents to the laundry mat in that center. Now all of a sudden we are going to have an armed guard out front. Are we supposed to tell our kids that the dispensary is perfectly safe to be around. If it's such a safe place why the heck do they need an armed guard? How do we discourage our children from using a substance that harms them physically and mentally when they see one on every corner like a “Star Bucks”. Our city should be ashamed for putting revenue above our young.
Marijuana increases teen use and leads to more medical emergencies including traffic deaths from driving while high.
This isn't a strip mall in an adult area, this is a residential neighborhood. This center is pretty much in the center of Oxnard Shores where the residents and guests pass by multiple times per day. A marijuana dispensary has no place here. The fact that you are proud that you are packing our City of Oxnard with 16 dispensaries is disgusting. The fact that one of the other dispensaries is called “Cookies” is just wrong. What is the matter with you? If this goes through I am sure you will not get the support for economic plans or votes for reelection in the future. I ask you to think about our community instead of the money this will bring you.
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1/13/22, 4:55 PM City of Oxnard Mail - FW: Planning Commission Meeting January 13th Item #4 https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721813199969977359&simpl=msg-f%3A1721813199… 2/2 Mark & Renee Ostrove
5107 Surfrider Way
Oxnard 93035
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1/13/22, 4:57 PM City of Oxnard Mail - Planning Commission 1_13_2022 https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721812814773561680&simpl=msg-f%3A1721812814… 1/1 Coyotl, Jose <[email protected]>
Planning Commission 1_13_2022
[email protected] <[email protected]> Wed, Jan 12, 2022 at 8:37 PM To: [email protected], [email protected]
Comment provided to the Oxnard Shores Neighborhood Council for the Planning Commission Meeting 1_13_2022 Item#4
From: Gary Rudolph <[email protected]>
Sent: Wednesday, January 12, 2022 4:27 PM
To: Planning <[email protected]>
Cc: [email protected]
Subject: Re: Cannabis store Oxnard Shores
We strongly oppose allowing a new cannabis store in Oxnard Shores.
Marilyn Rudolph
Gary Rudolph
761 Mandalay Beach Road
Oxnard, Ca 93035
On Wednesday, January 12, 2022, 02:08:44 PM PST, Gary <[email protected]> wrote:
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1/13/22, 5:10 PM City of Oxnard Mail - FW: Item 4
https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permthid=thread-f%3A1721813240260531594&simpl=msg-f%3A1721813240… 1/1 Coyotl, Jose <[email protected]>
FW: Item 4
1 message
[email protected] <[email protected]> Wed, Jan 12, 2022 at 8:44 PM To: [email protected], [email protected]
Comment provided to the Oxnard Shores Neighborhood Council for the Planning Commission Meeting 1_13_2022 Item#4
From: Angela Slaff <[email protected]>
Sent: Monday, January 10, 2022 6:26 PM
To: [email protected]
Cc: [email protected]
Subject: Item 4
Dear Members:
It is alarming to me that Oxnard Shores , A RESIDENTIAL COMMUNITY, is even considered to house a CBD store when there are so many other options available in commercial areas of Oxnard.
If you check into where these stores are located in other cities,is always in a COMMERCIAL AREA ! In Vons shopping center at Victoria and Wooley, there are several available spaces. What about the latest addition there that has always been available since being built. And, it is away from the main shopping area with plenty of parking available.
Another option is the commercial area on 5th Street just east of Victoria where there are several available spaces for this store.
Please consider how you, as individuals, would feel about having a CBD store as your next door neighbor.
Thank you,
Angela Slaff
5131 Wavecrest Way,
Oxnard, CA. 93035
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1/13/22, 4:53 PM City of Oxnard Mail - Re: [Ask Planning Action] Cannabis store Oxnard Shores https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721791611517500764&simpl=msg-f%3A1721791611… 1/1 Coyotl, Jose <[email protected]>
Re: [Ask Planning Action] Cannabis store Oxnard Shores
Lai, Dee <[email protected]> Wed, Jan 12, 2022 at 3:00 PM To: Mitch Faulkner <[email protected]>
Cc: Jose Coyotl <[email protected]>, "Kolwitz, Scott" <[email protected]> Hi Mitch,
Thank you for your email. I am copying Jose Coyotl and Scott Kolwitz for their review. Your email will be transmitted to the Planning Commissioners and posted online.
Regards,
Dee Lai | Administrative Secretary III
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805.385.7878
www.oxnard.org
The Service Center and all public-interfacing City buildings will temporarily close to the public beginning Monday, January 3rd, 2022 due to health and safety considerations. No in-person services will be available until further notice.
Online services remain available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].
For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.
For existing applications, contact your assigned Case Planner by direct email.
For the most up to date information on COVID-19 please visit https://www.venturacountyrecovers.org/ On Wed, Jan 12, 2022 at 2:35 PM 'Mitch Faulkner' via Planning <[email protected]> wrote:
"I oppose putting a new cannabis store in Oxnard Shores." Pamela Toderan
811 Mandalay Beach Road
Oxnard
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1/13/22, 5:13 PM City of Oxnard Mail - FW: Agenda Item 4 cannabis dispensary https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721865943734641547&simpl=msg-f%3A1721865943… 1/2 Coyotl, Jose <[email protected]>
FW: Agenda Item 4 cannabis dispensary
[email protected] <[email protected]> Thu, Jan 13, 2022 at 10:42 AM To: [email protected], [email protected]
Comment provided to the Oxnard Shores Neighborhood Council for the Planning Commission Meeting 1_13_2022 Item#4
From: George White <[email protected]>
Sent: Thursday, January 13, 2022 10:13 AM
To: [email protected]
Cc: [email protected]
Subject: Agenda Item 4 cannabis dispensary
Re: Item 4 on the Planning Commission agenda
The reason for having a planning commission is to bring a human understanding rather than just mindlessly checking off the minimal requirements.
It is wrong to allow a cannabis dispensary in the small strip mall in residential area of Oxnard Shores.
There are a number of commercial areas right on the major streets of Victoria and 5 th
that would be easy to find and not have residential areas nearby.
I am contacted by the city for an opinion every time a new structure is proposed but was never contacted about allowing a destructive present of a dispensary. Look to the news and you can see cannabis dispensaries can attract crime. Why else would they need a security officer?
This is in the middle of a residential neighborhood with access only going through a maze of residential streets. There are already numerous serious accidents caused by the by the narrow residential streets and confusion caused by the Harbor and Little Harbor intersections.
Some of the customers are going to drive a short distance through the maze of residential streets to starting using the cannabis. This will cause disruption of the neighborhood. It is a pipe dream to imagine dispensary customers are going to work their way through the complicated residential streets to get home to use their 338
1/13/22, 5:13 PM City of Oxnard Mail - FW: Agenda Item 4 cannabis dispensary https://mail.google.com/mail/u/0/?ik=542b70e807&view=pt&search=all&permmsgid=msg-f%3A1721865943734641547&simpl=msg-f%3A1721865943… 2/2 purchases. This DUI driving will cause even more personal and property damage along with the accidents already caused by the STR visitors trying to navigate the confusing small residential streets.
I could go on and on about what a mistake it would be to allow a dispensary in the small strip mall. Allow the dispensary to move into a commercial area outside of a residential area that has easy access.
There are only cons to having a dispensary in this location and no pros.
George White
Resident of Oxnard Shores
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Kolwitz, Scott <[email protected]>
I do not see this as part of the transmittals sent to comm. I need it in the record please.
1 message
Deirdre Frank <[email protected]> Thu, Jan 13, 2022 at 5:21 PM Reply-To: Deirdre Frank <[email protected]>
To: "[email protected]" <[email protected]> -----Original Message-----
From: Deirdre Frank <[email protected]>
To: [email protected] <[email protected]>
Sent: Tue, Jan 11, 2022 2:16 pm
Subject: PC 1/13/21 Item 4 Cannabis Dispensary Oxnard Shores
WHY THE SUP FOR PROPOSED CANNABIS DISPENSARY IN OXNARD SHORES SHOULD BE DENIED OR CONTINUED TO ALLOW THE CITY MANAGER TO MODIFY THE REQUEST FOR APPLICATION.
Oxnard Ordinance 2994, passed in December, 2020 sets forth the provisions for establishing regulations and procedures for implementing storefront retail cannabis sales, as well as other cannabis related activities. SEC 11-450 states it is the PURPOSE AND INTENT of the Ordinance to "regulate the Cultivation, Processing, manufacturing, testing, SALE . . .of Cannabis and Cannabis Products in a RESPONSIBLE MANNER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY. . ."
The Ordinance grants complete control to the City Manager/Designee to adopt procedures to govern the application process as well as the decision to be made regarding the issuance of any Commercial Cannabis Business Permit. Per SEC 11-457(I) . . ."prior to permit issuance by the City Council, THE CITY MAY ALSO MODIFY, POSTPONE, OR CANCEL any request for applications . . .without liability, obligation, or commitment to any party . . ." SEC 11-457(F) says . . ."the city manager reserves the right to reject any or all applications if the city manager determines it would be in the best interest of the city, TAKING INTO ACCOUNT ANY HEALTH, SAFETY AND WELFARE IMPACTS on the community."
Residents of Oxnard Shores request that the City request modification of the application as to location or, in the alternative, that the Planning Commission deny the SUP.
This is a total residential environment except for this small strip mall where all storefronts are connected. There are 3 alcohol outlets (1 liquor store, 1 full bar open until 1 a.m. and a brewery). Oxnard Ordinance 2994 states in SEC 11- 478 RESTRICTIONS ON ALCOHOL AND TOBACCO SALES (A) No person shall cause or permit the sale, dispensing or consumption of alcoholic beverages on OR ABOUT the premises of the Commercial Cannabis Business. (B) No person shall cause or permit the sale of tobacco products on OR ABOUT the premises of the Commercial Cannabis Business. This location cannot conform to these restrictions.
The parking requirements of 1 space for 250 feet do not address the probable future needs of the existing businesses there to use parking for outdoor service as was done during COVID lockdown, something that should now be considered with all parking requirements as Ventura is doing re: its downtown parking.
This strip mall has 2 vacant spaces now. The potential dispensary space had, as an anticipated tenant, Tacos El Diablo, that thrilled our neighborhood! Signs were posted and then, poof, it was gone, relocated to C & 5th Street in Downtown Oxnard to allow the dispensary to apply for the location. This is not an abandoned center that needs a tenant, activity flows from the neighborhood to pick up pizza, cakes, laundry, vitamins, to use postal services, go for drinks and dinner, get ice cream at the mini market/liquor store. It is a busy place, see attachments for time lapse video showing same. Note from the videos that there is only 1 "street" (Wooley) and 1 "Way" ( Outrigger) to access the strip mall. There is no direct access off Harbor Blvd. Note also, the pedestrian/bike/vehicle traffic flow (cars using the parking lot to "pass through" to avoid the intersection at Harbor & Wooley, an intersection rife with accident statistics).
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Finally, to the extent that neighborhood involvement is considered, I note that the MAPS were "conceptually identified on land use maps", "conceptually permitted in property zoned" neighborhoods (see SEC 11-473 (B)) without any specific location identified to the neighborhoods until after the application process began. Council only approved these conceptual maps NOT specific locations.
There was discussion about whether to consider Residential as a "sensitive use" and extending the sensitivity area(s) to 1,000 feet, both were rebuffed by Planning and Council. Many Cities DID include Residential as a sensitive use. It would have been perfect to apply to a neighborhood such as the Shores, given the extreme close proximity of the residential to the strip mall, less than 300 feet. A recommendation could be made by this Commission to have this revisited by the City Manager AND Council as this Ordinance allows for revisions.
Thank you.
Deirdre Frank
5244 Seabreeze Way
Oxnard, CA 93035
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Sheppard, Mullin, Richter & Hampton LLP
333 South Hope Street, 43rd Floor
Los Angeles, California 90071-1422
213.620.1780 main
213.620.1398 fax
www.sheppardmullin.com
Kira Teshima Conlon
213.617.4234 direct
[email protected]
January 19, 2022
File Number: 82MX-347845
VIA HAND DELIVERY
City of Oxnard City Council
Attn: City Clerk
300 West Third Street
Fourth Floor
Oxnard, California 93030
Re: Appeal of City Planning Commission's Denial of Commercial Cannabis Business Retail Special Use Permit No. 21-516-024
To Whom It May Concern:
We represent TD Enterprise, LLC, (“Client”), doing business as Oxnard Holistics, in the above-referenced matter. We are aware that on January 13, 2022, following a hearing of the Oxnard City Planning Commission (“CPC”), and despite a strong recommendation from City Planning staff, our Client’s project was met with a 3-3 draw vote by the commissioners, which was deemed a denial as a matter of procedure (the "Determination"). On this basis, and pursuant to City Code Section 16-545, the Determination is appealable to the City Council not later than 18 days after the date of the Determination.
Enclosed please find our Client’s timely appeal of the Determination. In the interest of ensuring a timely appeal was filed on our Client’s behalf, we have reserved our comments, concerns and arguments for a yet to be filed supplemental statement which will be forthcoming and which will address various areas where we believe the Determination was contrary to applicable law and unsupported by substantial evidence.
Should you have any questions or concerns, please feel free to contact me via phone at (213) 617-4234 or via email at [email protected].
Sincerely,
Kira Teshima Conlon
for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:4861-1495-9114.2
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Updated Jan 7, 2019 - City of Oxnard Planning Division (805) 385-7858 214 S. C Street, Oxnard CA 93030 oxnard.org/planning
REQUEST FOR APPEAL
Community Development Department
Use this form to request an appeal of a decision rendered on one of the following type of permits: Administrative Wireless Permit; Discretionary Development Permit decision rendered by the Community Development Director; or a Discretionary Development Permit decision rendered by the Planning Commission.
After paying the required appeal fee to the Planning Division, submit the original request for appeal and two (2) copies along with verification that the appropriate appeal fee has been paid to the City Clerk’s Office. To determine your appeal fee go to: oxnard.org/planning and click on planning handouts and applications or contact the Planning Division at (805) 385-7858.
I, , am requesting an appeal of a decision made by
________________________________________that was made on____________________________ regarding ____________________________________________________________________________.
Check one of the following:
Appeal of a Decision Rendered on a Wireless Permit. Pursuant to Section No. 16-488 (C) of the Oxnard City Code, I am submitting an appeal to the Secretary of the Planning Commission and I am paying the necessary fees to the Planning Division. I am filing this appeal within 10 days of the Planning Manager's decision on a wireless communications facility permit. I am requesting that this appeal be considered by the Planning Commission.
Appeal of a Decision Rendered on a Discretionary Permit - Community Development Director.
Pursuant to Section No. 16-525 (B) of the Oxnard City Code, I am submitting an appeal to the City Clerk and I am paying the necessary fees to the Planning Division. I am filing this appeal within 10 days of the Community Development Director’s decision on a discretionary permit. I am requesting that this appeal be considered by the Planning Commission.
Appeal of a Decision Rendered on a Discretionary Permit - Planning Commission. Pursuant to Section 16-545/17-58(J) of the Oxnard City Code, I am submitting an appeal to the City Clerk and I am paying the necessary fees to the Planning Division. I am filing this appeal within 18 days / 10 working days of the Planning Commission’s decision on a discretionary permit. I am requesting that this appeal be considered by the City Council.
State the grounds, facts, and if known the code sections supporting your request: (Provide additional sheets if necessary)
X
cc: City Attorney
Community Development Director
Project Planner
Applicant
OFFICE USE ONLY
Date Received:
Received By:
Contacted Dept/Division Rep:
Appellant Signature Date
Print name
State decision making body Date
Specify PZ No.
January 19, 2022
347
January 19, 2022
VIA E-MAIL AND HAND-DELIVERY
City of Oxnard City Council
Attn: City Clerk
300 West Third Street
Fourth Floor
Oxnard, California 93030
Re: Appeal of City Planning Commission's Denial of Commercial Cannabis Business Retail Special Use Permit No. 21-516-024
Dear Honorable Councilmembers:
On behalf of TD Enterprise, LLC, doing business as Oxnard Holistics ("Applicant"), we appreciate the opportunity to submit this correspondence in connection with the proposed Commercial Cannabis Business Retail Special Use Permit (SUP) No. 21-516-024 (the "Project"). The Project would be located within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site located at 1015 Harbor Boulevard (the "Site") in the Oxnard Shores Neighborhood of the City of Oxnard ("City").
As you know, Applicant was awarded a Conditional Commercial Cannabis Business Permit in 2021 by City, subject to the approval of a SUP. On January 13, 2022, the City Planning Commission ("CPC") considered the Planning staff recommendation to (1) find the Project to be categorically exempt from environmental review pursuant to the California Environmental Quality Act ("CEQA") Guidelines Section 15301 (Existing Facilities), and (2) adopt Resolution 2022-XX approving Planning and Zoning Permit No. 21-516-24 (Special Use permit – Cannabis:
Retail), subject to certain findings and conditions.
As provided in the Planning Commission Staff Report, the Project meets or exceeds the City's requirements for cannabis retail sales in all aspects, including the requisite SUP findings required for approval. Despite staff recommendation for approval of the Project and overwhelming support from all other shopping center tenants on the Site and many community members, the CPC failed to pass motions to approve or deny the Project. The Project was therefore deemed denied as a matter of procedure (the "Determination"). Pursuant to City Code Section 16-545, the Determination is appealable to the City Council not later than 18 days after the date of the decision.
For the following reasons, Applicant submits this appeal of the Determination (the "Appeal") and respectfully requests the City Council reverse the CPC's Determination as permitted by City Code Section 16.540, grant the Appeal and approve the Project:
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January 19, 2022
1. As demonstrated by the record and Planning staff's recommendations, the Project satisfies the required SUP findings set forth in City Code Section 16-531 and as outlined in Planning staff's proposed Resolution 2022-XX, attached hereto as Exhibit 1;
2. The Project meets all applicable zoning requirements for the proposed commercial cannabis retail business;
3. The Project is appropriately conditioned, as recommended by Planning staff, to address community concerns regarding the operation of the Project near residential neighborhoods;
4. The CPC improperly denied the Project based on conclusions that are inconsistent with evidence in the record, against the recommendations of the City's own experts, and contradictory to CPC's prior approval of other SUP applications for commercial cannabis retail businesses near residential uses in the City;
5. The Oxnard Shores neighbors' concerns regarding environmental and traffic issues have been addressed by Planning staff in its comprehensive CEQA review of the Project;
6. Applicant has undertaken substantial efforts to engage with community stakeholders, including the few Oxnard Shores residents who oppose the Project, and is committed to continuing their engagement as a responsible operator and stakeholder in the City; and
7. The City conducted an extensive public process prior to the City Council's final adoption of its commercial cannabis regulations (Chapter 11, Article XVII), which provided the public ample opportunity to object to the allowance of commercial cannabis retail businesses in the City, including on the Site.
Applicant has a long and successful record of operating cannabis sales in neighborhoods much like Oxnard Shores. Our robust security and operations plans will ensure that we are an asset to the community. We respectfully request that the City Council reverse the CPC's Determination as permitted by City Code Section 16.540, grant the Appeal and approve the Project SUP forthwith. Prior to the forthcoming City Council hearing on the Appeal, we intend to supplement this letter with additional information for your consideration. Thank you.
Sincerely,
Tony Hall
CEO | Founder & Owner
[email protected]
(619) 807-7044
Attachment: Exhibit 1 – Draft Resolution of Approval for Commercial Cannabis Retail 349
January 19, 2022
cc: Rose Chaparro
City Clerk
300 West Third Street
Fourth Floor
Oxnard, CA 93030
Stephen Fischer
City Attorney
Office of the City Attorney
305 West Third Street
First Floor, East Wing
Oxnard, CA 93030
Kenneth Rozell
Chief Assistant City Attorney
Office of the City Attorney
305 West Third Street
First Floor, East Wing
Oxnard, CA 93030
Kathleen Mallory
Planning & Sustainability Manager
AICP, MA, LEED GA
Community Development Department
214 S C Street
Oxnard, CA 93030
Scott Kolwitz
Planning & Environmental Services Manager
Community Development Department
214 S C Street
Oxnard, CA 93030
Jose Coyotl
Associate Planner
Community Development Department
214 S C Street
Oxnard, CA 93030
350
Attachment
I. Draft Resolution of Approval for Commercial Cannabis Retail EXHIBIT 1
351
RESOLUTION NO. XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 21-516-24 (COMMERCIAL CANNABIS RETAIL) TO ALLOW A COMMERCIAL
CANNABIS RETAIL FACILITY WITHIN AN EXISTING 1,740
SQUARE-FOOT COMMERCIAL SUITE OF A 17,615 SQUARE-FOOT
MULTI-TENANT COMMERCIAL BUILDING ON A 2.39-ACRE SITE
LOCATED AT 1015 HARBOR BOULEVARD (APN: 191-0-075-015), SUBJECT TO CERTAIN FINDINGS AND CONDITIONS.
WHEREAS, on January 13, 2022, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing and considered an application for Planning and Zoning Permit No. 21-516-24 filed by Kristine Byers on behalf of TD Enterprise LLC dba Oxnard Holistics in accordance with Section 16-530 of the Oxnard City Code; and
WHEREAS, the Planning and Environmental Services Division has completed a preliminary environmental assessment of the Project in accordance with the California Environmental Quality Act (CEQA) and determined that the Project is subject to a Section 15301 (Existing Facilities) Categorical Exemption. Further, the project does not trigger any of the Exceptions to the Exemptions (Section 15300.2) to defeat the Exemption:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
The project site is located within the 2030 General Plan/Local Coastal Plan land use designation of Visitor Serving Center (VSC) and a Coastal Zoning designation of Coastal Neighborhood Commercial (CNC). The Project is surrounded by commercial and residential buildings. The project site and adjacent sites do not contain any known environmental resource of hazardous or critical concern. Therefore, the project will have no impact on an environmental resource of hazardous or critical concern.
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
The proposed cannabis retail facility is consistent with the 2030 General Plan, Local Coastal Plan, and the Oxnard City Code and is compatible with the scale and character of other commercial development in the project area. Any projects 352
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Planning Commission Hearing Date: January 13, 2022
requiring discretionary approval would be analyzed with the 2030 General Plan, Local Coastal Program, and the Oxnard City Code for consistency and CEQA for any potential impacts. Therefore the project will have no significant cumulative impact.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
The proposed cannabis retail facility will not result in an unusual circumstance that would cause the project to have a significant effect on the environment. The project will not alter the commercial uses of the surrounding development and the property does not contain any unusual environmental characteristics as the property is surrounded on all sides by an established commercial and residential development. Therefore, the project will not have a significant effect on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements, which are required as mitigation by an adopted negative declaration or certified EIR.
The project is not located in or adjacent to a State designated scenic highway. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site, which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
The proposed project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code as confirmed by staff on December 22, 2021.
(f) Historical Resources. A categorical exemption shall not be used for a project, which may cause a substantial adverse change in the significance of a historical resource.
The project site does not contain an existing or potential landmark, point of interest, or historic resource, and it is not located within an existing, proposed, or potential Historic District. Therefore, the proposed project will not cause a substantial adverse change in the significance of a historical resource.
WHEREAS, the proposed project is consistent with the following:
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Planning Commission Hearing Date: January 13, 2022
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the Special Use Permit Staff Report and all attachments thereto, the Planning Commission finds:
1. The proposed use is in conformance with the General Plan, Local Coastal Program, and other adopted policies of the City of Oxnard.
As described in the Staff Report, the proposed cannabis retail facility is an allowable use within the Coastal Neighborhood Commercial (CNC) zone , subject to approval of a Special Use Permit. As documented in the attachments to the staff report, the Project is in compliance with General Plan, Local Coastal Program, zoning and cannabis regulations. This Resolution includes 188 conditions of approval which were crafted for compliance with the requirements set forth pursuant to OCC Article XVII (Commercial Cannabis Activity) to ensure operational standards were met.
Therefore, the proposed cannabis retail use is in conformance with the 2030 General Plan, Local Coastal Plan, Oxnard City Code, and the elements thereof and other adopted standards. Therefore, this Project meets this finding.
2. The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed Special Use Permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare.
As described in the Staff Report, the Project will allow cannabis retail within an existing building within an existing commercial shopping center. General and retail uses, and other more intense uses such as restaurants and specialty retail, are allowed uses within the CNC zone which do not require a Special Use Permit. The proposed retail cannabis use requires a Special Use Permit to ensure operational characteristics of the business will be both compatible with and not adversely affect or be materially detrimental to the other uses, buildings or structures within the shopping center.
As the Project will be located more than 600 feet from established commercial cannabis sensitive uses, the Project is consistent with public health, safety and general welfare by City standards. This Resolution includes 188 conditions of approval which were crafted for compliance with the requirements set forth pursuant to OCC Article XVII (Commercial Cannabis Activity) to ensure operational standards were met. After considering extensive testimony about the enhancements the proposal would bring to the tenant space, the Planning Commission finds the increase is customers to the shopping center and the decrease in crime rates experienced at other cannabis facilities with enhanced security, the Planning Commission also finds the Project will not aggravate policing issues when properly 354
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Planning Commission Hearing Date: January 13, 2022
regulated through the imposition of and compliance with the conditions of approval.
Based on these factors, the Planning Commission finds this business, responsibly managed, would not have an adverse impact on area crime or demand for police services. Conversely, the Planning Commission finds the proposed use would be a beneficial addition to the shopping center by bringing in new customers, making enhancements to the building and parking areas, and would introduce a private security component which would benefit all tenants within the shopping center.
Furthermore, Port Hueneme Chief of Police Andrew Salina has made public comments outlining the reduction in crime Port Hueneme has experienced in areas adjacent to commercial cannabis retailers as a direct result of their operational characteristics including the use of upgraded security systems, private security, and other site specific security plans. As such, this Project meets this finding.
3. The site that is subject to the Special Use Permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and items which may be required by Section 16-532 (Conditions).
As described in the Staff Report, the Project will be located within an existing development within the Coastal Neighborhood Commercial (CNC) zone which has previously been reviewed and approved to ensure the development is adequately proportional to the size of the property and served by public infrastructure. The existing project site is a developed 2.39-acre lot. Pursuant to the CNC zone, the Project will be located within an existing building designed to be consistent with the development and design standards included within the CNC zone, including, but not limited to, maximum building height, front, side and rear setbacks, landscaping, and equipment screening standards. The existing development is not consistent with the City’s parking standards for bicycle parking (10 required). The parking lot will provide parking for a minimum of 108 vehicles, including 4 accessible parking spaces, 34 standard parking spaces, and 66 compact parking spaces, 4 motorcycle spaces, and the project has been conditioned to provide a total of 10 bicycle spaces within the whole of the shopping center’s shared parking lot. The project site has a frontage and vehicular access on West Wooley Road, Harbor Boulevard, and Outrigger Way public alleyway. Proposed interior tenant improvements to the site will be reviewed for compliance with CNC zoning and Local Coastal Plan requirements. Given these circumstances, the site for the proposed use is adequate in size and shape to accommodate the setbacks, parking, landscaping, and other City standards. Therefore, this Project meets this finding.
4. The site that is subject to the Special Use Permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
As described in the Staff Report, the project is currently served by existing infrastructure and will continue to be accessed directly from West Wooley Road, Harbor Boulevard, and Outrigger Way public alleyway, which indirectly connects to 355
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Highway 101. The proposed cannabis retailer is not anticipated to generate significant traffic that would require improvements to infrastructure. Therefore, the site for the proposed retail of cannabis products will be served by highways adequate in width and improved as necessary to carry project-generated traffic.
The existing development is not consistent with the City’s parking standards for bicycle parking (10 required). The parking lot as designed will provide parking for a minimum of 108 vehicles, including 4 accessible parking spaces, 34 standard parking spaces, 66 compact parking spaces, and 4 motorcycle parking spaces. Based on the configuration of the proposed cannabis retail facility the entire project site requires 2 loading spaces. The project will utilize an existing legal nonconforming loading zone at the souteast side of the building accessed by a service door entrance to the tenant space. The project is consistent with City parking requirements. The project has been conditioned to include a total of 10 bicycle parking spaces within the whole of the shopping center’s shared parking lot, to design bicycle space during the building permit process, and provide these spaces prior to a Certificate of Occupancy being issued. The project also includes short and long term parking to support bicycle use. Therefore, the site will be served by streets, highways, transit and bike facilities adequate to provide access to the proposed building and its anticipated uses. As such, this Project meets this finding.
5. The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.
As described in the Staff Report, the proposed Project will operate within an existing development with minor tenant improvements proposed. The Project has been reviewed by City Departments and divisions who have determined that the project is currently served by adequate electricity, sewerage, disposal, and water. The proposed use is not anticipated to generate utility demands in quantities that are different from other commercial uses which have previously occupied the building.
Therefore, the site for the proposed use will be provided with adequate sewerage, water, fire protection and storm drainage facilities. As such, this Project meets this finding.
SECTION 2. The Planning Commission, in accordance with the California Environmental Quality Act (CEQA), determined that the Project will not have a significant impact on the environment and is categorically exempt from CEQA pursuant to Article 19, Section 15301 (Existing Facilities) of the State CEQA Guidelines pertaining to projects involving “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination” may be found to be exempt from the requirements of CEQA. The Project involves a request to retail cannabis products within an existing commercial building, the project request will not increase the square footage of the existing building. No Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. Therefore, the Planning Commission has determined that there is no substantial evidence that the Project will have a significant effect on the environment. The Planning and Environmental Services Manager is 356
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Planning Commission Hearing Date: January 13, 2022
hereby authorized and directed to file a Notice of Exemption with the Ventura County Clerk pursuant to Section 15602 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.
SECTION 3. Based on the findings set forth herein and the Staff Report and all attachments thereto, the Planning Commission hereby approves Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Business Retail Special Use Permit), subject to the attached conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby approves Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Business Retail Special Use Permit), subject to the following conditions. The decision of the Planning Commission is final unless appealed in accordance with the provisions of §16-545 of the Oxnard City Code.
STANDARD CONDITIONS OF APPROVAL
FOR LAND USE PERMITS
Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g.
G-1) while some are taken from environmental documents (e.g. MND-S2).
DEPARTMENTS AND DIVISIONS
CA City Attorney PL Planning Division
DS Dev Services/Eng Dev/Inspectors TR Traffic Division
PD Police Department B Building Plan Checker
SC Source Control FD Fire Department
PK Landscape Design CE Code Compliance
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another. (PL, G-1).
2. This permit is granted for the plans dated January 13, 2022 (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a Minor Modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a Major Modification to the plans is approved by the Planning Commission. A Minor Modification may be granted for minimal changes or increases in the extent of use or 357
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Planning Commission Hearing Date: January 13, 2022
size of structures or of the design, materials or colors of structures or masonry walls. A Major Modification shall be required for substantial changes or increases in such items. (PL, G-2)
3. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Planning Manager allows the Applicant to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)
4. By commencing any activity related to the project or using any structure authorized by this permit, the Applicant accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)
5. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-6)
6. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-7)
7. Applicant shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder.
Before the City issues building permits, Applicant shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-8)
8. Applicant shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9)
9. Before placing or constructing any signs on the project property, Applicantshall obtain a sign permit from the City. Except as provided in the sign permit, Applicant may not change any signs on the project property. (PL/B, G-10)
10. Applicant shall obtain a building permit for any new construction or modifications to structures, including interior modifications, authorized by this permit. (B, G-11)
11. Applicant shall not permit any combustible refuse or other flammable materials to be burned on the project property, except as provided in a permit issued by the Fire Chief. 358
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12. Applicant shall not permit any materials classified as flammable, combustible, radioactive, carcinogenic or otherwise potentially hazardous to human health to be handled, stored or used on the project property, except as provided in a permit issued by the Fire Chief. (FD, G-13)
13. If Applicant, owner or tenant fails to comply with any of the conditions of this permit, the Applicant, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)
14. Prior to issuance of building permits, Applicant shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).
State Law and Regulations Compliance
15. The permittee shall comply with all relevant law, ordinance, or regulation of the State of California, City of Oxnard, and any other governmental entity Laws and Regulations at all times during the life of the permit.
16. Wherever a condition requires that something be initially “built,” “constructed,” “equipped,” “installed,” “provided” or the like in a certain fashion or per certain requirements or approvals, it also requires that the same shall at all times be “maintained” in accordance with the condition, requirement or approval.
PLANNING DIVISION STANDARD CONDITIONS
17. Any application for a Minor Modification to the project shall be accompanied by four copies of plans reflecting the requested modification, together with applicable processing fees. (PL, PL-2)
18. Before the City issues building permits, the Applicant shall include a reproduction of all conditions of this permit as adopted by Resolution of the Community Development Director / Planning Commission in all sets of construction documents and specifications for the project. (PL, PL-3)
19. Before the City issues building permits, the Applicant shall provide to the Planning Manager color photographic reductions (8 1/2” by 11”) of full-size colored elevations and any other colored exhibit approved by the Planning Commission. The Applicant may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)
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20. The Applicant may not modify any use approved by this permit unless the Planning Manager determines that the Applicant has provided the parking required by the City Code for the modified use. (PL, PL-7)
21. During the plan check review process, the Applicant shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within alleyways, pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting. (PL)
22. Prior to issuance of building permits, the Applicant shall demonstrate that light standards illustrated on conceptual lighting plan do not conflict with tree locations. The Applicant shall submit a plan showing both the lighting and landscape on the same sheet.
23. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. The Applicant shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street. The applicant shall submit a lighting plan showing standard heights and light materials for design review and approval of the Planning Division Manager. (PL/B, PL-8)
24. In order to minimize light and glare on the project property, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9)
25. Applicant agrees to participate in a water conservation program that includes refitting water fixtures existing on the project property with water conserving devices within residences or businesses in the City’s water service area, if such a program is in effect when building permits are issued for this project. Among the requirements of such a program might be refitting existing toilets, faucets, shower heads, landscaping irrigation or other fixtures and items that consume water within the structure. (PL, PL-14)
26. Because of water limitations placed upon the City by its water providers, approval of this permit does not guarantee that the City will issue building permits. Issuance of building permits may be delayed as a result of implementation of a water conservation or allocation plan. (PL, PL-15)
27. Prior to issuance of building permits, Applicant shall pay a document imaging fee for the planning files in an amount calculated by planning staff at the time of building permit review based on fees then in effect. (PL/B, PL-16). 360
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28. Applicant shall participate in the City's Public Art Program by paying the Public Art fee prior to issuance of building permits, in accordance with City Council Resolution No. 14,124. (PL, PL-50)
COMMERCIAL
29. Applicant shall recess or screen roof heating and cooling systems and other exterior mechanical equipment from adjoining property and public streets, as required by this permit. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Applicant shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B, PL-41)
30. Applicant shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PL, PL-42)
31. For any exterior utility meter panels, Applicant shall paint such panels to match the structure upon which it is located. Such panels shall be located to take advantage of screening (e.g. landscaping or other building elements) from public right-of-ways, to the maximum extent feasible. (PL, PL-43)
32. Prior to issuance of a certificate of occupancy, Applicant shall remove all construction materials and vehicles from the subject property. (PL/B, PL-47)
33. Applicant shall restripe loading zones placed partly or wholly within a structure for loading and unloading activities only and post to prohibit storage or other non-loading activity within the loading zone. (PL/B, PL-49)
Special Conditions of Approval
34. Prior to occupancy, faded striping in parking areas directly in front of the building shall be repainted per City standards.
35. In accordance with the proposed plans, parking facilities for 10 bicycles shall be provided, the configuration and location of which shall be as reviewed and approved by the City Planning Division. The project plans shall be revised to identify bicycle racks, with a minimum of 10 bicycle spaces, to be provided on site near the main front entrance of the building located at 1001-1035 Harbor Boulevard. Bicycle parking area dimensions and location shall be a paved area at least 6’ x 1’6” for each required parking space. Staff shall review all construction documents prior to building permit issuance to assure that the bicycle rack has been provided and is not in conflict with the applicable 361
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development standards for building in the Coastal Neighborhood Commercial zone district.
The applicant shall submit a bicycle parking plan to be reviewed and approved by the Community Development Director or his/her designee(s). All bicycle parking shall comply with AASHTO, NACTO, or APBP standards, as permitted by the California Building Code. The bicycle parking shall be designed to provide two (2) points of contact on the bicycle, be supported upright, and cause no stress onto tires. All provided bicycle parking shall be able to accommodate a standard U-lock. Bicycle parking area dimensions and location shall be a paved area at least 6’ x 1’6” for each required parking space and shall be located outside of pedestrian walkways, loading areas, landscape planters, etc. Where feasible, bicycle-parking areas should be covered.
36. In accordance with Oxnard City Code Section 16-638, parking facilities for 1 motorcycle space shall be provided, the configuration and location of which shall be as reviewed and approved by the City Planning Division. Staff shall review all construction documents prior to building permit issuance to assure that the motorcycle space has been provided and is not in conflict with the applicable development standards for building in the Coastal Neighborhood Commercial zone district.
37. No final inspection or occupancy permit shall be granted until all construction and landscaping is complete in accordance with the plans approved and the conditions required herein.
38. All landscape materials shall be as represented to or as specified by the Planning Commission, and any deviation will require the express approval of the Chief of Police.
Once constructed or installed, all improvements shall be maintained in accordance with the approved plans and in a manner acceptable to the Chief of Police. This includes landscape materials being maintained in a healthy and weed-free manner at all times.
PLANNING DIVISION CANNABIS CONDITIONS
Automatic Expiration
39. The Commercial Cannabis Business Permits shall expire, and be subject to the renewal process in Chapter 11 of the Oxnard City Code twelve (12) months after the date of issuance of the Certificate of Occupancy pursuant to the Oxnard City Code Section 11-459.
Renewal
40. All Commercial Cannabis Business Permits shall be renewed in accordance with Chapter 11, Article XVII of the Oxnard City Code.
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Appeals
41. The permittee shall within ten (10) calendar days after the date of a decision of the City Manager or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggravated party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. At the time of filing, the permitee shall pay the designated appeal fee, established by Resolution of the City Council from time to time.
Revocations of Commercial Cannabis Business Permits
42. Commercial Cannabis Business Permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to Sections 11-461, 11-462, 11-468, or 11-477 pursuant to any policy, procedure or regulation adopted by the City.
The City Manager or his/her designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation of this permit’s conditions and/or a license issued by the State of California, or by any of its departments or divisions, or if there is a single serious violent crime or single significant incident to which multiple police units or multiple police jurisdictions respond associated with the operations of this use, which is detrimental to the public safety or health. The City Manager or his/her designee shall immediately inform the Community Development Director and Planning Manager of the suspension and the Planning Manager shall schedule a hearing on the revocation of the permit by the Community Development Director or other competent hearing officer to be held no more than 30-days after the beginning of the suspension. In the hearing, notice will be provided establishing the causal factors that caused the suspension and determination shall be made with the below options:
a. End the suspension of the permit;
b. Continue the suspension of the permit pending other legal action; c. Amend the permit conditions;
d. Direct the permittee to change operations or business practices that precipitated the suspension of the permit;
e. Or, any combination of the above;
f. And, provide benchmarks and timeline for corrective action to take place.
43. The Applicant agrees suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Oxnard.
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Enforcement and Compliance
44. For the life of the permit, the Applicant shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Oxnard, whether committed by the Applicant or any employee or agent of the Applicant, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence.
45. Applicant agrees to pay enforcement, compliance, and inspection fees set by the City’s Fee Schedule. Applicant shall deposit the equivalent of 30 hours of the Planning Hourly Fee (currently $134.27 per hour) during plan check review to cover staff time, billed at an hourly rate, for conditions compliance, required inspection, and reporting associated with commercial cannabis project, PZ 21-516-24. Additional funds will be required as deposits are depleted to less than the equivalent of 10 hours of the Planning Hourly Fee or as additional funds are needed as determined by the Community Development Director.
46. All operators are subject to all penalties as outlined in Oxnard City Code.
Property Owner Authorization
47. Prior to the issuance of a zone clearance or business license, whichever comes first, the Applicant shall be required to provide a signed and notarized statement from the owner of the property acknowledging that the property owner agrees to use of the property for a Commercial Cannabis Business Permits subject to Chapter 11, Article XVI, Section 11-475 of the Oxnard City Code.
Business Location Transfers
48. Commercial Cannabis Business Permits represent a land use entitlement and cannot be transferred from one location to another unless they comply with the transfer provisions outlined in Chapter 11, Article XVII of the Oxnard City Code.
Business Notification
49. The Applicant shall provide to the City, the name, telephone number, and email address of a community relations contact (community relations officer) designated by Applicant.
The community relations contact shall be responsible for responding to complaints, should they arise between the hours of 10:00 p.m. and 7:01 a.m. Complaints shall be addressed within fifteen minutes of receiving the initial complaint
50. The Applicant shall provide the name/phone number/email address for the business community relations officer to all businesses and residences located within six hundred 364
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(600) feet of the commercial cannabis business before operation of the business. The contact name and number shall be prominently posted outside of the facility
51. During the first year of operation, the owner, manager, and community relations officer shall attend quarterly meetings with the City Manager or his/her designee(s), and other interested parties as deemed appropriate by the City Manager or his/her designee(s), to discuss conditions of approval, operations, and overall cannabis activities in the subject location.
52. After the first year of operation should no permit condition(s) violations be identified, the owner, manager, and community relations officer shall meet with the City Manager or his/her designee(s) when and as requested by the City Manager or his/her designee(s).
Inventory Tracking
53. Prior to issuance of a certificate of occupancy, the Applicant shall have in place a State of California approved point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review at the request of the City. Furthermore, any system selected must be approved and authorized by the City Manager or his/her designee(s) prior to being used by the permittee.
54. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
Onsite Restrictions
55. Sales of cannabis may only occur between the hours of 9:00 A.M. and 9:00 P.M. daily.
56. The Applicant shall conform with the following requirements to prevent minors from having access to cannabis products:
a. Persons under the age of twenty-one (21) years, or eighteen (18) years with a medical marijuana card, shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Article for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
b. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. 365
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57. Cannabis shall not be consumed by any employee or patron on the premises of any commercial cannabis business.
58. No outdoor storage of cannabis or cannabis products is permitted at any time.
Operational Requirements for Retailers
59. Sales and service of cannabis or cannabis products is limited to only the customer service area, which consists of approximately 1,740 square feet inside the building as identified on PZ No. 21-516-24 floor plans presented at the Planning Commission public hearing on January 13, 2022 and incorporated herein.
60. Access to the customer service area is to be controlled by an access door from a common lobby. A maximum of two (2) patrons may be served by one (1) budtender at any time. The budtenders and security personnel shall be readily identifiable personnel and are to monitor and control the behavior of customers in and around the premises.
61. There shall not be any amplified music or live bands unless the licensee has a valid Entertainment Permit issued by the City of Oxnard, pursuant to Oxnard City Code Section 11-187.
Odor Control
62. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
b. An air system that creates negative air pressure between the commercial cannabis businesses interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
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Signage and Notices
63. The permittee shall conform with the following Signage Specifications:
a. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of Oxnard regulations, including, but not limited to, seeking the issuance of a City sign permit.
b. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. c. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
d. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. e. Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards or other prohibited signs may be used at any time. f. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business.
Community Benefits Agreement
64. Prior to issuance of a certification of occupancy, Applicant shall enter into a signed and recorded Community Benefits Agreement with the City. Said agreement shall include the following:
65. Retail
a. One time payment of $250,000
b. Donation of 1% of gross revenues to the City of Oxnard required to be paid with the associated yearly business license fee. This amount is in addition to the license fee and the City cannabis taxes.
c. Requirement to hire 75% of the businesses employees from the City of Oxnard, as defined in Chapter 11 of the Oxnard City Code.
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BILLING AND LICENSING CONDITIONS
Cannabis Business Tax Certificate
66. Prior to commencing operations, any business engaged in a Commercial Cannabis Business shall obtain a Commercial Cannabis Business tax certificate, pursuant to Article I. The Commercial Cannabis Business taxes imposed by Chapter 11, Article XVI of the Oxnard City Code shall be paid, in arrears, on a quarterly basis to the City Licensing Department.
67. The Applicant for a Commercial Cannabis Business shall secure from the Department of Billing and Licensing a commercial cannabis business tax certificate.
68. On applying for a Commercial Cannabis Business tax certificate, the applicant shall furnish to the tax administrator a sworn statement, on a form provided by the tax administrator setting forth the following:
a. The exact nature of the Commercial Cannabis Business for which the Commercial Cannabis Business tax certificate is applied; b. The street address where such business is to be conducted, the street addresses of the residences of the owners of the business or names and street addresses of the officers or partners if a corporation or partnership;
c. If the amount of the Commercial Cannabis business tax is measured by gross receipts, the applicant shall estimate the gross receipts for a period of one full calendar quarter. Such an estimate, if accepted by the tax administrator as reasonable, shall be used in determining the amount of the Commercial Cannabis Business tax. However, the amount is only provisional.
d. At the end of the tax period, the tax administrator may request the certificate to verify gross receipts. Within 30 days of the request, the certificate shall report to the tax administrator the gross receipts during the Commercial Cannabis Business tax period, and the Commercial Cannabis Business tax will be redetermined. If the certificant underpaid the redetermined Commercial Cannabis Business tax, the certificant shall immediately pay the amount due.
Reporting and remittance of quarterly tax payments
69. The Commercial Cannabis Business tax shall be paid in arrears on a quarterly basis.
70. Each person owing Commercial Cannabis Business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the tax administrator a statement of the tax owed for that calendar quarter and the basis for calculating the tax.
71. For the purpose of ascertaining the amount of Commercial Cannabis Business tax owed or verify any representations made by any taxpayer to the city in support of his or her calculation, proof of gross revenues (including but not limited to bookkeeping records, 368
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State and Federal income tax returns, and other records relating to the gross receipts of the business) must be provided prior to obtaining or renewing a Commercial Cannabis Business tax certificate.
72. Quarterly after commencing operations, Applicant shall allow the City of Oxnard officials or their designees to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.
73. At all times during the life of the permit, Applicant shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the Commercial Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
74. The Applicant shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a Commercial Cannabis Business permit issued pursuant to Chapter 11, Article XVI, Section 11-476 of the Oxnard City Code), or at any time upon reasonable request of the City, each Commercial Cannabis Business shall file a sworn statement detailing the fiscal value of sales by the Commercial Cannabis Business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or his/her designee(s)
Employee Work Permit
75. Prior to issuance of a certificate of occupancy for the Commercial Cannabis Business, all employees are required to comply with Chapter 11, Article XVI, Section 11-455 of the Oxnard City Code which specifies the requirements for employees of cannabis operators; the Cannabis Employee Work Permit is required to be obtained from the City Licensing Department.
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76. Cannabis Employee Permit Requirements shall comply with Chapter 11:
a. Cannabis Employee Work Permit Application;
b. Cannabis Employee Work Permit Fee $125.00, or as update by the City; c. Age and verification of applicant, copy of government ID required (must be at least 21 years of age);
d. Investigation Questionnaire;
e. Live Scan (fingerprinting and a recent photograph of the applicant); and f. A statement signed under penalty of perjury that the information is true and correct.
77. A Cannabis Employee Work Permit shall be valid for up to twelve (12) months from the date of certificate of occupancy and shall be renewed on an annual basis by the permittee/employer and all applicable employees. If a permit is issued for less than a 12-month basis, then the cost of such permit shall be adjusted on a pro-rata basis.
78. The Applicant and Commercial Cannabis Business employees will be issued a permit in the form of a personal identification card that shall be worn in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.
Employment Transfers
79. In the event a person changes employment from one Commercial Cannabis Business in the City to another, the work permit holder shall notify the applicable Department Head or his/her designee(s) in writing of the change within ten (10) days, or the work permit shall be suspended or revoked, and such person shall not be permitted to work at any Commercial Cannabis Business within the City.
Revocation of Employee Work Permit
80. The City may immediately revoke the commercial cannabis employee permit should the permit holder be convicted of a crime listed in Chapter 11, Article XVI, Section 11-455 of the Oxnard City Code or if facts become known to the City that the permit holder has engaged in activities showing that he or she has been convicted of a crime involving dishonesty.
Appeal of Employee Work Permit Revocation
81. The Applicant may appeal the denial or revocation of a commercial cannabis employee permit by filing a notice of appeal with the City Clerk within ten (10) days of the date the applicant received the notice of denial/ revocation. Revocation shall follow the provisions contained in Oxnard City Code Chapter 11.
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POLICE CONDITIONS
Security Measures
82. The Applicant shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the Commercial Cannabis Business. Except as may otherwise be determined by the City Manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following and are considered in addition to the Best Practices identified in the guidelines for issuance of a Cannabis Business Permit and/or conditions imposed as part of the land use permit approval.
83. An alarm system shall include intrusion, fire, and panic button components. The system shall be remotely monitored by a licensed alarm service provider. The burglar alarm system shall utilize dual technology sensors and be able to differentiate between human and non-human motion. These sensors shall be mounted throughout the premises and specifically include: Secured Lobby, Retail Area, Service Counter, Secured Storage Vault, Intake Area, Employee Break Area, Manager’s Office, Corridor and the Roof.
84. An access control system and security personnel shall restrict access to the site to persons engaged directly with the permitted operations of the Commercial Cannabis Business.
85. Security personnel shall remove any person on or about the Commercial Cannabis Business who is not engaged directly with the permitted operations of the business.
86. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
87. A security camera system shall monitor activity inside and around the Commercial Cannabis Business. The system shall provide secure real-time access to the City Manager or his/her designee(s) of any and all cameras at the site. The system shall meet or exceed current industry standards. The system shall be reevaluated every five years on the anniversary of the issuance of the permit to ensure the system, software and equipment meets current industry standards. The Commercial Cannabis Business shall upgrade equipment within six-months of the reevaluation when findings have identified needed improvements or upgrades.
88. A security plan shall be approved by the Police Chief or his/her designee(s). The security plan shall include all elements of the alarm system, security camera system, and 371
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access control system. The plan shall also include security policies, cash handling policies, security personnel post orders, and requirements for security patrols during hours the business is closed. The security plan is subject to review on the annual anniversary of the issuance of the permit. Should a deficiency in the plan be discovered through findings during an inspection, a theft event, an audit or other significant event where a flaw in the security plan failed to sufficiently capture or deter a theft, loss of product, or an injury the plan may be amended by the Police Chief or his/her designee(s).
89. Any bars installed on the windows or the doors of the Commercial Cannabis Business shall be installed only on the interior of the building.
90. Security personnel shall monitor premises in accordance with a security plan as authorized by the City Manager or his/her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the Police Chief.
91. Each Commercial Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
92. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either:
a. An employee of the Commercial Cannabis Business; or
b. A licensed security professional
93. Each Commercial Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
94. Each Commercial Cannabis Business shall demonstrate to the Police Chief, City Manager or their designee(s) compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational.
95. Each Commercial Cannabis Business shall have state of the art network security protocols in place to protect computer information and all digital data.
96. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
97. The Applicant shall identify a designated security representative/liaison to the City of Oxnard, who shall be reasonably available to meet with the City Manager or his/her 372
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designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the Commercial Cannabis Business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager or his/her designee(s) upon request that meets the following requirements:
a. Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. b. Identifies all Managers of the Commercial Cannabis Business and their contact phone numbers.
c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. e. Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the Commercial Cannabis Business, the parking lot, and any adjacent property under the business’ control. f. Confirm that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these areas are: (i) free of individuals loitering or causing a disturbance; (ii) are cleared of employees and their vehicles one-half hour after closing.
98. The Applicant shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The storage and transportation plan shall be a confidential document that is intended to be reviewed and approved by the City Manager and his/her designee(s) and not available for public consumption.
99. The Applicant shall cooperate with the City whenever the City Manager or his/her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Article. Prevention Fire Inspectors shall be allowed access to audit buildings for Fire Life Safety concerns on a yearly basis or as determined necessary per the Fire Marshal.
100. The Applicant shall notify the Police Chief within twenty-four (24) hours after discovering any of the following:(Section 11.437 (E))
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager or his/her designee(s).
b. Diversion, theft, loss, or any criminal activity involving the Commercial Cannabis Business or any agent or employee of the Commercial Cannabis Business.
c. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Commercial Cannabis Business. d. Any other breach of security.
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101. The Applicant acknowledges compliance with the foregoing requirements shall be verified by the City Manager or his/her designee(s) prior to commencing business operations. The City Manager or his/her may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
102. The Applicant shall post in a location readily-visible to the public location the original copy of the Commercial Cannabis Business permit conditions of approval and the City issued business license.
103. The Applicant shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.
104. Prior to the establishment of any Commercial Cannabis Business or the operation of any such business, the employer intending to establish a Commercial Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such Commercial Cannabis Business intends to establish and to operate. 105. The Applicant acknowledges no person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the Commercial Cannabis Business.
106. The Applicant acknowledges no person shall cause or permit the sale or tobacco products on or about the premises of the Commercial Cannabis Business. 107. Prior to beginning employment all employees are required to secure and have issued a background check and passed a live scan through the Police Department as specified in Chapter 11, Article XVII of the Oxnard City Code. Results of the background check/live scan shall be provided to the employee and employer(s). 108. Inbound and outbound shipping of product and/or cash shall only occur during daylight hours. Deliveries and departure times of product and/or cash shall be irregular and maintained as a confidential matter known only to those persons who have a need to know.
109. No signage, graphic or symbol displayed visible outside the building shall show that the site is a cannabis business unless the specific sign, graphic or symbol is jointly approved by the Planning Manager and the Chief of Police or their designees. 374
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Exterior Lighting
110. A condition of approval requires compliance with the Outdoor Lighting Code & Guideline Outdoor lighting shall comply with Title 24, Part 6, of the California Code of Regulations: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings.
a. Unless approved as a specific exception to this guideline, all outdoor lighting shall be flat lens, full cut-off fixtures with the light source fully shielded with the exceptions:
b. Luminaires with a maximum output of 260 lumens per fixture, regardless of number of bulbs (equal to one 20-watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light from shining directly up.
c. Luminaires that have a maximum output of 1,000 lumens per fixture, regardless of number of bulbs (equal to on 60-watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque to keep light from shining directly up.
d. Oxnard City Code 16-320: Lighting within physical limits of the area required to be lighted shall not exceed seven foot-candles, nor be less than one foot-candle at any point. A light source shall not shine upon, or illuminate directly any surface other than the area required to be lighted. No lighting shall be of a type or in a location that constitutes a hazard to vehicular traffic, either on private property or on the abutting streets. The height of light standards shall not exceed 26 feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected.
111. Exterior lighting of the site including parking areas shall be between 1 and 7-foot candles and shall be in harmony with existing adjacent lighting schemes. 112. All exterior lighting shall operate from dusk to dawn. 113. LED or similar in nature and spectrum (3,000K to 20,000K Correlated Color Temperature).
114. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians.
115. Outdoor lighting instruments shall not be placed in close proximity of parking lot trees.
In the event outdoor lighting instruments and trees are in close proximity an additional sheet will be required illustrating light and tree placement showing trees with a 20-year maturity.
116. Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This plan shall include all outdoor areas as well as the parking facility. 375
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This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures. Luminaires used in the photometric calculations shall only include those instruments mounted 8-feet or more above any walking/driving surface. This plan shall be submitted to [email protected] and approved prior to the issuance of building permits.
117. Safe Room construction shall consist of the below minimum features:
a. Concrete or CMU wall or walls and/or
b. Wood or steel stud constructed walls and ceiling wrapped with a metal mesh enveloped under drywall surfacing. Metal mesh shall have a minimum weight of .45 lbs. per sq. ft. and be opened spaced no more than 76%. c. Other than doors, openings in the metal mesh walls shall not be larger than 12-inches square to provide HVAC ventilation and similar mechanical access. d. Each door and window shall have callouts on plans identifying their size and design features.
e. Any service windows shall be constructed with a securable metal door or plate and have a vertical opening no taller than 12-inches.
118. Retail sites shall install security glass or interior mounted roll-up security screens for each window.. Design, placement and exceptions shall be approved by Planning and Police prior to the issuance of Building Permits.
Operations and Inspections
119. The permittee is authorized to operate the commercial cannabis retail business license between the hours of 9:00 a.m. to 9:00 p.m, subject to lighting requirements of these conditions.
120. Cash handling procedures shall be approved by the police chief or his/her designee. 121. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
122. A security camera system shall monitor activity inside and around the Commercial Cannabis Business. The system shall provide secure real-time access to the City Manager or his/her designee(s) of any and all cameras at the site. The system shall meet or exceed current industry standards. The system shall be reevaluated every five years on the anniversary of the issuance of the permit to ensure the system, software and equipment meets current industry standards. The Commercial Cannabis Business shall upgrade equipment within six-months of the reevaluation when findings have identified needed improvements or upgrades.
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123. The business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. 124. Each Commercial Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
125. Each Commercial Cannabis Business shall demonstrate to the Police Chief, City Manager or their designee(s) compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational. 126. Each Commercial Cannabis Business shall have state of the art network security protocols in place to protect computer information and all digital data. 127. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
128. Scheduled and unscheduled inspections of the site may occur during the business’ authorized hours of operation, or under the below listed circumstances:
a. At a time while the business is closed that is mutually agreed to by the business’ management and the Police Department
b. During any criminal investigation at the business.
129. The Applicant acknowledges compliance with the foregoing requirements shall be verified by the City Manager or his/her designee(s) prior to commencing business operations. The City Manager or his/her may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
130. The Applicant shall post in a location readily-visible to the public location the original copy of the Commercial Cannabis Business permit conditions of approval and the City issued business license.
131. Prior to beginning employment all employees are required to secure and have issued a background check and passed a live scan through the Police Department as specified in Chapter 11, Article XVII of the Oxnard City Code. Results of the background check/live scan shall be provided to the employee and employer(s).
Retail Cannabis Conditions
132. Each customer entering the business shall present a valid form of government issued photo identification. A staff member or licensed security professional shall use an approved “identification card scanner” which verifies the age of the customer. The 377
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Planning Commission Hearing Date: January 13, 2022
security officer will also visually confirm that the person presenting the identification card by matching the person with the card’s photo and confirming other data on the card. 133. The permittee shall acquire an “identification card scanner” for use by security officers to screen all customers as they enter the business. These scanners shall have these features:
a. Determine that the person is legal age to enter the premises. b. Records the data from the presented identification including name, address, and date of birth and the time and date of the scan.
Security Camera System
134. A security camera system shall be installed and operated 24-hours a day to monitor the activity at the site. The system shall be designed to capture images of all persons and all vehicles that enter the site. Cameras shall also be distributed throughout the site to capture general activities. The camera system shall comply with these minimum standards:
a. Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Grayscale images are expected for infra-red lighting. b. Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
c. Cameras shall have low light capability to facilitate the later identify persons involved in criminal or problem activities.
d. The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
e. The video system shall allow recording, live viewing and playback of recorded video for a period of a period of at least 30 days.
f. Recorded images shall bear a date and time stamp that cannot be altered. g. All entry doorways to the premises shall be monitored by a camera or cameras that are strategically mounted to capture quality images of the heads and shoulders of persons who enter. Such cameras shall be mounted no higher than 7-feet above the floor/ground.
h. At least one camera shall be dedicated to the point of sale, or equivalent as determined by the Police Chief, to monitor the exchange of money and identification checks for age.
i. A monitor shall be placed near the primary entrance to the business to show patrons their image has been captured.
j. Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
k. Site management shall provide in a timely manner any digital records of security camera or access control systems requested pursuant to a police investigation or for the periodic inspection of equipment required under these conditions. l. The video system shall be made available to the Chief of Police or his/her designee at all times by means of a secure Internet connection. m. Height gauges are required on the interior frame of each exterior door 378
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Planning Commission Hearing Date: January 13, 2022
n. A high definition cloud based-video security system shall be used with a required 90 day tamper proof hard drive or software system pursuant to BCC 5044.
System will be remotely accessible by the Chief of Police or his designee at all times. Prior to 90 days, no video will be erased without prior approval from the Chief of Police. At no time shall the business be open if the security system is down regardless of the presence of armed security guards. o. Cameras shall be mounted outside the business to monitor pedestrian and vehicular traffic around the business. Where possible and practical, cameras will be positioned to capture the faces of persons approaching the business and the license plates of vehicles driving on parking area drive aisles.
Access Control Systems
135. The site shall be equipped with an access control system that shall restrict access throughout the site.
a. The access control system shall have the capability to add, subtract or modify a cardholder’s access.
b. Access to various areas or rooms within the site will be restricted based on the cardholder’s need for access according to the business plan and the security plan. c. The primary entry to the site shall be controlled by a card or similar instrument coupled with a keypad to provide entry. A keypad entry will be required for the first access of each business day. Each employee authorized for “opening” entry shall have their own access and their own emergency code. d. Access to interior “safe rooms” where product and cash are stored shall require keypad and pass card to enter.
e. Those persons authorized to utilize keypad entry locations will have two passcodes unique for their use. One passcode for normal entry and one for “distress” entry. The “distress” entry shall be used if the cardholder is entering under distress such as a robbery, kidnap or threat of harm. Permittee shall coordinate with the alarm service provider for this function. f. An access card providing universal access to the site shall be provided to the Oxnard Fire Department for placement in the site Knox Box.
Alarm Systems
136. Intrusion/burglar alarms shall be “dual” technology and have the capability to differentiate between human and non-human motion. Sensor placement shall be in accordance with the business’ approved Security Plan.
137. Panic alarms shall be installed at various sites within the business to be used in the event of a robbery. Alarm button placement shall be in accordance with the business’ approved Security Plan.
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Planning Commission Hearing Date: January 13, 2022
Security Site Plan
138. A Security Site Plan in a pdf format shall be submitted to the Chief of Police or his or her designee and approved prior to the issuance of building permits. The plan shall include:
a. The plan shall identify the location of each security camera, camera recording/support equipment, all elements of an access control system, and any safe or secure room or rooms designed to maintain valuable assets or records. b. The plan shall include a chart shall identify each camera by an alpha-numeric, the scope of their capture area, placement of the camera above the floor/ground, make and model of the instrument, type of camera (dome, PTZ, etc.). c. The plan shall identify any area which is served by an intrusion/burglary alarm system.
d. The plan shall identify the location of each panic alarm installation. e. The Security Site Plan shall identify all the components of the access control system, their location and a chart that identifies each instrument with an alpha-numeric with the device name, make and model.
139. The Security Plan includes all matters relating to the security camera system, access control system, alarm system, security officer post orders, security site plan and other documents related to the safe and secure operation regulated under this permit. An updated Security Plan in a pdf format shall be submitted to the Police Department to [email protected] under any of the below circumstances:
a. Any modification to the site that changes the location of walls, doors or windows.
b. Any system upgrades or significant changes to the security camera or access control systems.
c. Or, when deemed appropriate by the Chief of Police or his or her designee based on security deficiencies discovered during any inspection of the site or any violation of the conditions of this permit.
140. Any component of the security system including all elements of the alarm, camera and access control systems are subject to replacement, upgrades, adjustments or additions should any of these circumstances occur:
a. Equipment is outdated and not up to current industry standards or formats. b. Or, through the oversight process exercised by the City of Oxnard or the State of California, deficiencies are discovered in the security and monitoring equipment which can be addressed through the adjustment or addition of security equipment.
141. The permittee shall create and maintain Post Orders for security officers working at the site. Post Orders shall be a “living document” and shall be subject to change based on operational experiences, noted deficiencies, and recommendations by the Oxnard Police Department. These orders shall outline the following:
a. Specific duties and responsibilities for each security officer. 380
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Planning Commission Hearing Date: January 13, 2022
b. Procedures security officers shall follow during normal operations, emergency circumstances and when a crime is discovered.
c. Post orders shall delineate activities that security officers shall not perform as they distract or interfere from their security role.
d. Post Orders shall be identified by the last approved revision date and shall include the approval of the permittee and a designee from the Oxnard Police Department. Each updated revision shall be reviewed and acknowledged by each security officer working the site.
e. The Post Orders shall be reviewed and approved by the Oxnard Police Department prior to the issuance of the permit and shall be subject to revision as part of any inspection.
f. A copy of the current approved version of the Post Orders shall be available on-site for review by any security officer assigned at the site or any representative of the City of Oxnard visiting the site.
Notifications
142. The permittee shall establish and maintain the following to facilitate communication and notifications between the permittee and the Oxnard Police Department:
a. Identify two management level employees as points of contact 24-hours a day, 7-days a week available to respond to the site in the event of an emergency or unlawful entry at the site.
b. A designated email address for the Oxnard Police Department to use for notifications pertaining to the business.
c. The management “points of contact” and the email address for notifications shall be provided by an email to: [email protected] and shall include the names of the point of contact managers, their positions within the business and their phone numbers.
d. The Oxnard Police Department may establish additional staff members as points of contact for the permittee.
143. The Police Chief may temporarily suspend this permit pending a hearing as outlined in Article V of the Oxnard City Ordinance under any of the below circumstances:
a. Discovery of any controlled substance or product classified in Schedules I, II, III and IV of the Uniform Controlled Substances Act of the Health and Safety Code and not identified as being permitted at the site within the scope of this permit or an authorizing permit issued by the State of California. b. Failure to maintain security features at or above industry standards, failure to correct security deficiencies required in these conditions in a timely manner, and/or failure to accurately or timely report a loss or theft of product as required under this permit.
c. Any sales or transfer of cannabis products outside the restrictions, regulations and tracking mechanisms established through this permit or related cannabis permits issued by the State of California.
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Planning Commission Hearing Date: January 13, 2022
144. Bollards or similar barriers shall be placed in front of all windows that the bottom sill is lower than 30-inches above grade and the windows are in close proximity to a vehicle driving surface. Gaps between barriers or other structural features shall be no wider than 5-feet. These barriers shall be identified on the Security Site Plan. 145. All applications of window tinting shall be identified on submitted security site plans. “Black-out” tinting will not be allowed. Tinting that provides for clear outward viewing but blocks viewing from the outside is allowable.
146. Windows shall be protected by either of the following technologies:
a. Interior mounted security screens that are 50% see through which allows the interior of the business to be seen during hours where the screen is secured. b. A transparent material that can withstand the impact of a sledge hammer or similar impact tool without breaching the window sufficiently to create a puncture hole of any size.
147. All signage for the site shall require joint approval from authorized designees of the Planning Division and the Police Department.
Cannabis Deliveries
148. All deliveries of cannabis shall require the following:
a. The persons making the delivery shall be a minimum of 21-years of age. b. Cannabis products for delivery shall be locked in the truck of the vehicle or secured in a non-portable box or storage unit in the passenger compartment during transport. c. Each driver making a cannabis delivery shall check the identification of the person depicted on the identification is of age and is the person receiving the delivery. The driver shall ensure the recipient of the cannabis product is 21-years of age, or 18 years of age and possess a cannabis medical card. The driver shall photograph or scan the identification using an identification scanner to record and verify the age of the person taking record of the delivery.
d. The permittee shall provide information on any website menu that clearly states that all deliveries that include cannabis will require the recipient of the cannabis products to present their government photo identification as proof of age. Recommended language for on-line menus: “ The City of Oxnard required the delivery driver to photograph and scan a government issued photo identification of the recipient of all deliveries of cannabis products.
e. The permittee shall require that staff members taking phone orders for delivery of cannabis products shall advise customers of the requirements under subsection “(c)” of this condition.
f. On-line orders for delivery which include cannabis products shall have a check box where the customer acknowledges that the recipient of the order must show a government issued photo identification at the time of delivery. 382
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Planning Commission Hearing Date: January 13, 2022
Police Special Conditions
149. The unit’s address “1015” shall be painted on the exterior of each rear door of the business in numerals that are 3-inches in height.
150. The unit’s address “1015” Shall be painted on the roof of the business in numerals that are 3-feet in height.
151. The property shall have and maintain at each vehicle entrance signs posted pursuant to 22658(a) CVC to prohibit unauthorized parking on private property. 152. One parking stall at the rear of the business shall be dedicated to applicant’s use for delivery vehicle parking only. The stall shall be in close proximity to the rear door of the business and shall be clearly marked with a sign posted on the wall. The sign shall be no less than 17-inches by 22-inches and the lettering shall be not less than one inch in height. The sign shall state: “Authorized Delivery Vehicle Parking Only All Others Subject To Tow Away. 22658(a) CVC.
153. Cannabis retailers shall participate in Police Department and Community drug awareness and educational programs. This participation may include but not be limited to the circulation of informational flyers, staff training opportunities, and DUI educational materials.
FIRE DEPARTMENT STANDARD CONDITIONS
154. Applicant shall construct all vehicle access driveways on the project property to be at least 26 feet wide. The Applicant shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. The Applicant shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1) 155. All roof covering materials on the project property shall be of non-combustible or fire retardant materials approved by the Fire Chief and in compliance with the City Code. (FD, F-2)
156. Before the City issues building permits, the Applicant shall obtain the Fire Chief’s approval of a plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3) 157. At the Applicant’s expense, Applicant shall obtain two certified fire flow tests for the project property. The first test shall be completed before City approval of building plans and the second shall be completed after construction and prior to the issuance of a certificate of occupancy. A mechanical, civil, or fire protection engineer must certify the tests. The Applicant shall obtain permits for the tests from the Engineering Division. 383
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Planning Commission Hearing Date: January 13, 2022
Applicant shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4)
158. All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5) 159. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
160. At all times during construction, the Applicant shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for fire fighting apparatus to all parts of the project property. (FD/DS, F-7)
161. The Applicant shall identify all hydrants, standpipes and other fire protection equipment on the project property as required by the Fire Chief. (FD, F-8) 162. The Applicant shall install security devices and measures, including walkway and vehicle control gates, entrance telephones, intercoms and similar features, subject to approval of the Police Chief and the Fire Chief. Vehicle control gates shall be operable by City approved radio equipment. (FD/PD, F-9)
163. The applicant shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
164. The turning radius of all project property driveways and turnaround areas used for emergency access shall be a minimum of 48 feet outside diameter for a semi-trailer. (FD, F-11)
165. The Applicant shall provide automatic fire sprinklers as required by the City Code and shall contact the Fire Chief to ascertain the location of all connections. (FD, F-12) 166. The Applicant shall install in each structure in the project a detection/alarm system with a central station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and allows the central station monitor to inform the Fire Department of the point of entry into the structure that is nearest the fire. (FD, F-13) 167. The Applicant shall install in each structure in the project where automatic fire sprinklers are installed a system that automatically opens the skylights in areas affected by fire before the fire sprinklers are activated. (FD, F-14) 168. All signalized intersections shall be equipped with pre-emption equipment. (FD/TR, F-15)
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Planning Commission Hearing Date: January 13, 2022
169. The Applicant shall comply with Certified Unified Program Agency (CUPA) requirements regarding the storage, handling and generation of hazardous materials or waste. Prior to the issuance of building permits, Applicant shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16)
170. Fire sprinkler coverage is required for:
a. Patios, overhangs or any other projections that are 48” or more from the structure.
b. Open areas beneath stairs that serve a habitable space or when that area is accessible for storage or has mechanical equipment.
c. The protection of the forced air unit when located in the attic or other areas that are normally inaccessible.
171. Before the city issues a certificate of occupancy, the Applicant shall install a Knox key vault at a location to be determined by the Fire Department. 172. The Applicant shall allow installation of public safety radio equipment in the tower, steeple, roof or other elevated portion of the building. Such equipment shall not conflict with the architectural design of the building and shall comply with zoning and planning requirements and conditions.
173. The Applicant shall provide the City Manager or his/her designee(s) with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Each commercial cannabis business must have a fire evacuation plan, and plan to address robberies and other emergencies. Said plan shall be reviewed and approved annually by the Fire Department.
ENVIRONMENTAL RESOURCES DIVISION
174. Applicant shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Applicant shall arrange for self-hauling.
175. FOR COMMERCIAL/INDUSTRIAL PROJECTS: To be in compliance with state law, Applicant shall make provisions to divert a minimum of 50%, with an aim of diverting 75% to achieve the new state diversion goal, of the waste material generated during occupancy through source reduction, recycling, reuse, and organics collection programs.
Applicant shall submit an “ Environmental Resources Division Occupancy Plan” (“Occupancy Plan”) to the City’s Environmental Resources Division. The Occupancy Plan must clearly state how recyclable and organic material will be managed on site to be in compliance with applicable state law, including what service provider(s) will manage/transport materials to appropriate facilities. An Occupancy Plan must be submitted and approved prior to issuance of a certificate of occupancy. 385
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Planning Commission Hearing Date: January 13, 2022
DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS
176. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)
177. Developer shall install on‑site and off‑site electric, cable, telephone and similar utility service laterals underground in accordance with City ordinances in effect at the time City issues a building permit. Services shall be installed underground to the nearest suitable riser pole as determined by the appropriate utility service provider. (DS-12) 178. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the City Engineer issue a stop work order until such time as the graffiti is removed. (DS-20)
179. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)
180. Developer shall pay the cost of all inspections of on site and off site improvements. (DS-22) 181. Developer shall be responsible for all project related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23) 182. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)
183. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)
DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS
184. Developer shall verify that the existing sanitary sewer and water services are adequately sized to serve the proposed improvements and provide the information on the improvement plans. (DS)
185. Show all applicable existing and proposed utilities (sewer, water, storm, gas, electrical) affected by the proposed improvement on the site engineering plan. (DS) 186. The project shall comply with the latest California Building Code disabled access requirements. (DS)
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187. Developer to verify that the running slope of each curb ramp at the existing driveway approaches on West Wooley Road and South Harbor Service Road not exceed 8.33 percent running slope. Unless directed otherwise by City Engineer, the Developer to installed surface-applied Americans with Disabilities Act (ADA) tiles by Armor-Tile Tactile Systems or approved equal at these curb existing ramps. (DS)
188. Developer shall remove the newspaper stand/rack located at the curb ramp landing at the south-west corner of the project site. (DS)
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 13th day of January 2022.
Daniel Chavez, Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held this 13th day of January 2022, and carried by the following vote:
AYES: Commissioner(s):
NOES: Commissioner(s):
ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Scott Kolwitz, Secretary
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EXHIBIT 1
399
City Manager Approved List February 26, 2021
CCB 21-45
CCB 21-14
CCB 21-24
CCB 21-28
CCB 21-13
CCB 21-32
CCB 21-23
CCB 21-19
CCB 21-27
CCB 21-15
CCB 21-10
CCB 21-43
CCB 21-03
CCB 21-38
CCB 21-31
CCB 21-26
Vineyard Ave
Vineyard Ave
Gonzales Rd Gonzales Rd
Fifth St Fifth St
Camino Del Sol
Wooley Rd
Channel Islands Blvd
Hueneme Rd
Pleasant Valley Rd
Pleasant Valley Rd
Victoria Av
Harbor Blvd
Rice AvDel Norte
Ventura Rd
H St
Rose Av Rose Av
Rose Av
Oxnard Bvd
101 FWY
101 FWY
CCB 21-03
CCB 21-28
CCB 21-23
CCB 21-26
CCB 21-27
CCB 21-32
CCB 21-24
CCB 21-15
CCB 21-31
CCB 21-14
CCB 21-13
CCB 21-10
CCB 21-43
CCB 21-19
CCB 21-38
CCB 21-45
1 2
3 4
5 6
7 8
9 10
11 12
13 14*
18*
19*
SGI Oxnard, LLC.
TAT Oxn, LLC.
Haven No. 8, LLC. dba Haven
TD Enterprise, LLC. dba Oxnard Holistics
Blue Enterprises Oxnard, LLC.
EEL- Oxnard LLC, deba Catalyst - Oxnard
Harbor Management Group, LLC. dba Safeport
Blooming Organics, LLC. dba Elevate Oxnard
Boxnard, LLC.
Blooming Organics, LLC. dba Elevate Downtown Oxnard
Kind Lifestyle Market, LLC. dba Kind Lifestyle Market
Yuma Way CA, LLC.
HPC of Oxnard, LLC.
Advocate Society, LLC.
FGH Retail Services, LLC.
99 High Tide - Oxnard dba 99 High Tide - La Sirena
2343 N. Oxnard Blvd. Oxnard CA
600 N. A Street Oxnard CA
220 S. A Street Oxnard CA
1013-1015 Harbor Blvd. Oxnard CA
2655 N. Vineyard Ave. Oxnard CA
4749 S. Rose Ave Oxnard CA
2150 Trabajo Drive Oxnard CA
2731 E. Vineyard Ave. Oxnard CA
1970 N. Ventura Road Oxnard CA
156 S. A Street Oxnard CA
911 S. Oxnard Blvd. Oxnard CA
2544 E. Vineyard Ave. Oxnard CA
360 W. Esplanade Dr. Oxnard CA
2550 E. Vineyard Ave. Oxnard CA
2320 N. Rose Ave. Oxnard CA
138 S. A Street Oxnard CA
Rank Tracking Applicant Name Physical Address - City of Oxnard 1 9
5 8
3 10
11 12 13 14
15 16
4 6
7 2
*Applicants selected as part of 16 total retail cannabis applications due to local equity status.
Ranking is based upon total applicant pool, or 51 total applicants. 400
EXHIBIT 2
401
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0217
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Haven #8 LLC dba Haven CCB 2021-23 Retail Phase III 1. Qualification of Owners 550 550 525 550 Haven #8 LLC dba Haven CCB 2021-23 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 Haven #8 LLC dba Haven CCB 2021-23 Retail Phase III 3. Location 550 550 550 550 Haven #8 LLC dba Haven CCB 2021-23 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1800 1775 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
TAT OXN LLC dba The Artist Tree CCB 2021-28 Retail Phase III 1. Qualification of Owners 550 550 550 550 TAT OXN LLC dba The Artist Tree CCB 2021-28 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 TAT OXN LLC dba The Artist Tree CCB 2021-28 Retail Phase III 3. Location 550 550 545 550 TAT OXN LLC dba The Artist Tree CCB 2021-28 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1800 1795 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Boxnard LLC CCB 2021-31 Retail Phase III 1. Qualification of Owners 550 500 525 500 Boxnard LLC CCB 2021-31 Retail Phase III 2. Neighborhood Compatibility 550 500 540 500 Boxnard LLC CCB 2021-31 Retail Phase III 3. Location 550 550 550 550 Boxnard LLC CCB 2021-31 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1700 1765 1700
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Blooming Organics LLC dba Elevate Oxnard CCB 2021-15 Retail Phase III 1. Qualification of Owners 550 550 540 550 Blooming Organics LLC dba Elevate Oxnard CCB 2021-15 Retail Phase III 2. Neighborhood Compatibility 550 500 550 500 Blooming Organics LLC dba Elevate Oxnard CCB 2021-15 Retail Phase III 3. Location 550 550 550 550 Blooming Organics LLC dba Elevate Oxnard CCB 2021-15 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1750 1790 1750
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Blooming Organics LLC dba Elevate Downtown Oxnard CCB 2021-14 Retail Phase III 1. Qualification of Owners 550 550 540 550 Blooming Organics LLC dba Elevate Downtown Oxnard CCB 2021-14 Retail Phase III 2. Neighborhood Compatibility 550 500 550 500 Blooming Organics LLC dba Elevate Downtown Oxnard CCB 2021-14 Retail Phase III 3. Location 550 550 550 550 Blooming Organics LLC dba Elevate Downtown Oxnard CCB 2021-14 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1750 1790 1750
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Advocate Society LLC dba Advocate Society CCB 2021-19 Retail Phase III 1. Qualification of Owners 550 450 450 450 Advocate Society LLC dba Advocate Society CCB 2021-19 Retail Phase III 2. Neighborhood Compatibility 550 500 500 500 Advocate Society LLC dba Advocate Society CCB 2021-19 Retail Phase III 3. Location 550 525 550 550 Advocate Society LLC dba Advocate Society CCB 2021-19 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1625 1650 1650
Yuma Way CA LLC dba Releaf on Vine CCB 2021-10 Retail Phase III 1. Qualification of Owners 550 500 525 500 Yuma Way CA LLC dba Releaf on Vine CCB 2021-10 Retail Phase III 2. Neighborhood Compatibility 550 500 500 500 Yuma Way CA LLC dba Releaf on Vine CCB 2021-10 Retail Phase III 3. Location 550 500 530 530 Yuma Way CA LLC dba Releaf on Vine CCB 2021-10 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1650 1705 1680
Yuma Way CA LLC dba Releaf on Saviers CCB 2021-11 Retail Phase III 1. Qualification of Owners 550 450 525 450 Yuma Way CA LLC dba Releaf on Saviers CCB 2021-11 Retail Phase III 2. Neighborhood Compatibility 550 450 400 400 Yuma Way CA LLC dba Releaf on Saviers CCB 2021-11 Retail Phase III 3. Location 550 300 400 400 Yuma Way CA LLC dba Releaf on Saviers CCB 2021-11 Retail Phase III 4. Cannabis Community Benefits 150 100 125 100 Retail Phase III 1800 1300 1450 1350
402
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0218
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
SGI Oxnard LLC CCB 2021-03 Retail Phase III 1. Qualification of Owners 550 550 550 550 SGI Oxnard LLC CCB 2021-03 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 SGI Oxnard LLC CCB 2021-03 Retail Phase III 3. Location 550 550 550 550 SGI Oxnard LLC CCB 2021-03 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1800 1800 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
Authentic Oxnard LLC CCB 2021-04 Retail Phase III 1. Qualification of Owners 550 550 550 550 Authentic Oxnard LLC CCB 2021-04 Retail Phase III 2. Neighborhood Compatibility 550 350 400 300 Authentic Oxnard LLC CCB 2021-04 Retail Phase III 3. Location 550 400 400 400 Authentic Oxnard LLC CCB 2021-04 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1450 1500 1400
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
FGH Retail Services LLC CCB 2021-38 Retail Phase III 1. Qualification of Owners 550 375 350 350 FGH Retail Services LLC CCB 2021-38 Retail Phase III 2. Neighborhood Compatibility 550 550 450 525 FGH Retail Services LLC CCB 2021-38 Retail Phase III 3. Location 550 550 550 550 FGH Retail Services LLC CCB 2021-38 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1625 1500 1575
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Sweet Flower Oxnard LLC CCB 2021-20 Retail Phase III 1. Qualification of Owners 550 450 450 450 Sweet Flower Oxnard LLC CCB 2021-20 Retail Phase III 2. Neighborhood Compatibility 550 450 450 450 Sweet Flower Oxnard LLC CCB 2021-20 Retail Phase III 3. Location 550 400 450 375 Sweet Flower Oxnard LLC CCB 2021-20 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1450 1500 1425
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
99 High Tide - La Sirena CCB 2021-45 Retail Phase III 1. Qualification of Owners 550 550 525 500 99 High Tide - La Sirena CCB 2021-45 Retail Phase III 2. Neighborhood Compatibility 550 500 500 500 99 High Tide - La Sirena CCB 2021-45 Retail Phase III 3. Location 550 450 450 375 99 High Tide - La Sirena CCB 2021-45 Retail Phase III 4. Cannabis Community Benefits 150 125 125 100 Retail Phase III 1800 1625 1600 1475
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Armory Oxnard LLC dba Armory Oxnard CCB 2021-30 Retail Phase III 1. Qualification of Owners 550 250 325 230 Armory Oxnard LLC dba Armory Oxnard CCB 2021-30 Retail Phase III 2. Neighborhood Compatibility 550 450 450 400 Armory Oxnard LLC dba Armory Oxnard CCB 2021-30 Retail Phase III 3. Location 550 400 375 400 Armory Oxnard LLC dba Armory Oxnard CCB 2021-30 Retail Phase III 4. Cannabis Community Benefits 150 100 150 75 Retail Phase III 1800 1200 1300 1105
Pure CA LLC CCB 2021-02 Retail Phase III 1. Qualification of Owners 550 500 450 450 Pure CA LLC CCB 2021-02 Retail Phase III 2. Neighborhood Compatibility 550 450 500 500 Pure CA LLC CCB 2021-02 Retail Phase III 3. Location 550 450 450 450 Pure CA LLC CCB 2021-02 Retail Phase III 4. Cannabis Community Benefits 150 125 150 125 Retail Phase III 1800 1525 1550 1525
403
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0219
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Kind Lifestyle Market LLC dba Kind Lifestyle Market CCB 2021-13 Retail Phase III 1. Qualification of Owners 550 500 525 525 Kind Lifestyle Market LLC dba Kind Lifestyle Market CCB 2021-13 Retail Phase III 2. Neighborhood Compatibility 550 525 500 500 Kind Lifestyle Market LLC dba Kind Lifestyle Market CCB 2021-13 Retail Phase III 3. Location 550 500 550 550 Kind Lifestyle Market LLC dba Kind Lifestyle Market CCB 2021-13 Retail Phase III 4. Cannabis Community Benefits 150 150 145 145 1800 1675 1720 1720
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
Ash's Third LLC dba UpNorth CCB 2021-18 Retail Phase III 1. Qualification of Owners 550 325 325 325 Ash's Third LLC dba UpNorth CCB 2021-18 Retail Phase III 2. Neighborhood Compatibility 550 400 450 440 Ash's Third LLC dba UpNorth CCB 2021-18 Retail Phase III 3. Location 550 400 450 400 Ash's Third LLC dba UpNorth CCB 2021-18 Retail Phase III 4. Cannabis Community Benefits 150 125 125 100 1800 1250 1350 1265
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Progrow Group Inc dba RedHeye CCB 2021-22 Retail Phase III 1. Qualification of Owners 550 375 250 225 Progrow Group Inc dba RedHeye CCB 2021-22 Retail Phase III 2. Neighborhood Compatibility 550 200 200 100 Progrow Group Inc dba RedHeye CCB 2021-22 Retail Phase III 3. Location 550 225 175 100 Progrow Group Inc dba RedHeye CCB 2021-22 Retail Phase III 4. Cannabis Community Benefits 150 75 75 50 Retail Phase III 1800 875 700 475
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Harbor Management Group LLC dba Safeport CCB 2021-24 Retail Phase III 1. Qualification of Owners 550 550 525 550 Harbor Management Group LLC dba Safeport CCB 2021-24 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 Harbor Management Group LLC dba Safeport CCB 2021-24 Retail Phase III 3. Location 550 550 525 550 Harbor Management Group LLC dba Safeport CCB 2021-24 Retail Phase III 4. Cannabis Community Benefits 150 150 125 150 Retail Phase III 1800 1800 1725 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Blue Enterprises Oxnard LLC dba Cookies Oxnard CCB 2021-27 Retail Phase III 1. Qualification of Owners 550 550 500 550 Blue Enterprises Oxnard LLC dba Cookies Oxnard CCB 2021-27 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 Blue Enterprises Oxnard LLC dba Cookies Oxnard CCB 2021-27 Retail Phase III 3. Location 550 550 550 550 Blue Enterprises Oxnard LLC dba Cookies Oxnard CCB 2021-27 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1800 1750 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Coastal Retail Oxnard LLC dba Coastal CCB 2021-33 Retail Phase III 1. Qualification of Owners 550 450 440 450 Coastal Retail Oxnard LLC dba Coastal CCB 2021-33 Retail Phase III 2. Neighborhood Compatibility 550 425 475 425 Coastal Retail Oxnard LLC dba Coastal CCB 2021-33 Retail Phase III 3. Location 550 350 400 275 Coastal Retail Oxnard LLC dba Coastal CCB 2021-33 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1375 1465 1300
E7 Oxnard LLC CCB 2021-48 Retail Phase III 1. Qualification of Owners 550 425 360 375 E7 Oxnard LLC CCB 2021-48 Retail Phase III 2. Neighborhood Compatibility 550 500 425 425 E7 Oxnard LLC CCB 2021-48 Retail Phase III 3. Location 550 465 475 475 E7 Oxnard LLC CCB 2021-48 Retail Phase III 4. Cannabis Community Benefits 150 150 125 125 Retail Phase III 1800 1540 1385 1400
404
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0220
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
TeraGreen LLC CCB 2021-51 Retail Phase III 1. Qualification of Owners 550 300 300 250 TeraGreen LLC CCB 2021-51 Retail Phase III 2. Neighborhood Compatibility 550 450 400 440 TeraGreen LLC CCB 2021-51 Retail Phase III 3. Location 550 550 525 500 TeraGreen LLC CCB 2021-51 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1450 1375 1340
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
TD Enterprise LLC dba Oxnard Holistics CCB 2021-26 Retail Phase III 1. Qualification of Owners 550 550 525 550 TD Enterprise LLC dba Oxnard Holistics CCB 2021-26 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 TD Enterprise LLC dba Oxnard Holistics CCB 2021-26 Retail Phase III 3. Location 550 550 550 550 TD Enterprise LLC dba Oxnard Holistics CCB 2021-26 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1800 1775 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
South Oxnard Investment dba Traditional Oxnard CCB 2021-44 Retail Phase III 1. Qualification of Owners 550 500 550 500 South Oxnard Investment dba Traditional Oxnard CCB 2021-44 Retail Phase III 2. Neighborhood Compatibility 550 525 475 475 South Oxnard Investment dba Traditional Oxnard CCB 2021-44 Retail Phase III 3. Location 550 500 450 450 South Oxnard Investment dba Traditional Oxnard CCB 2021-44 Retail Phase III 4. Cannabis Community Benefits 150 125 150 150 Retail Phase III 1800 1650 1625 1575
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
The Set Oxnard LLC dba The Set CCB 2021-37 Retail Phase III 1. Qualification of Owners 550 400 400 400 The Set Oxnard LLC dba The Set CCB 2021-37 Retail Phase III 2. Neighborhood Compatibility 550 500 525 500 The Set Oxnard LLC dba The Set CCB 2021-37 Retail Phase III 3. Location 550 500 550 500 The Set Oxnard LLC dba The Set CCB 2021-37 Retail Phase III 4. Cannabis Community Benefits 150 100 150 140 Retail Phase III 1800 1500 1625 1540
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
California Erudite Ventures dba HerbNJoy CCB 2021-16 Retail Phase III 1. Qualification of Owners 550 400 450 450 California Erudite Ventures dba HerbNJoy CCB 2021-16 Retail Phase III 2. Neighborhood Compatibility 550 550 500 500 California Erudite Ventures dba HerbNJoy CCB 2021-16 Retail Phase III 3. Location 550 450 450 450 California Erudite Ventures dba HerbNJoy CCB 2021-16 Retail Phase III 4. Cannabis Community Benefits 150 125 150 125 Retail Phase III 1800 1525 1550 1525
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
PCH Retail Partners VII LLC dba Emjay CCB 2021-39 Retail Phase III 1. Qualification of Owners 550 400 400 400 PCH Retail Partners VII LLC dba Emjay CCB 2021-39 Retail Phase III 2. Neighborhood Compatibility 550 400 450 400 PCH Retail Partners VII LLC dba Emjay CCB 2021-39 Retail Phase III 3. Location 550 325 325 325 PCH Retail Partners VII LLC dba Emjay CCB 2021-39 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1275 1325 1275
405
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0222
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Canna Connect Corp dba Culture Cannabis Club CCB 2021-34 Retail Phase III 1. Qualification of Owners 550 525 500 525 Canna Connect Corp dba Culture Cannabis Club CCB 2021-34 Retail Phase III 2. Neighborhood Compatibility 550 500 525 450 Canna Connect Corp dba Culture Cannabis Club CCB 2021-34 Retail Phase III 3. Location 550 500 500 450 Canna Connect Corp dba Culture Cannabis Club CCB 2021-34 Retail Phase III 4. Cannabis Community Benefits 150 150 150 125 1800 1675 1675 1550
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
Blazzin Hydroponics Inc dba Oxnard Greens (156 S. A
St)
CCB 2021-40 Retail Phase III 1. Qualification of Owners 550 425 475 375 Blazzin Hydroponics Inc dba Oxnard Greens (156 S. A
St)
CCB 2021-40 Retail Phase III 2. Neighborhood Compatibility 550 425 350 450 Blazzin Hydroponics Inc dba Oxnard Greens (156 S. A
St)
CCB 2021-40 Retail Phase III 3. Location 550 375 300 375 Blazzin Hydroponics Inc dba Oxnard Greens (156 S. A
St)
CCB 2021-40 Retail Phase III 4. Cannabis Community Benefits 150 125 150 125 1800 1350 1275 1325
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Blazzin Hydroponics Inc dba Oxnard Greens (3700 W.
Fifth)
CCB 2021-41 Retail Phase III 1. Qualification of Owners 550 425 475 375 Blazzin Hydroponics Inc dba Oxnard Greens (3700 W.
Fifth)
CCB 2021-41 Retail Phase III 2. Neighborhood Compatibility 550 275 350 275 Blazzin Hydroponics Inc dba Oxnard Greens (3700 W.
Fifth)
CCB 2021-41 Retail Phase III 3. Location 550 325 300 300 Blazzin Hydroponics Inc dba Oxnard Greens (3700 W.
Fifth)
CCB 2021-41 Retail Phase III 4. Cannabis Community Benefits 150 125 150 125 Retail Phase III 1800 1150 1275 1075
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
MED Enterprise Inc CCB 2021-50 Retail Phase III 1. Qualification of Owners 550 450 500 450 MED Enterprise Inc CCB 2021-50 Retail Phase III 2. Neighborhood Compatibility 550 500 450 450 MED Enterprise Inc CCB 2021-50 Retail Phase III 3. Location 550 400 400 325 MED Enterprise Inc CCB 2021-50 Retail Phase III 4. Cannabis Community Benefits 150 115 125 100 Retail Phase III 1800 1465 1475 1325
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
EEL Oxnard LLC dba Catalyst-Oxnard CCB 2021-32 Retail Phase III 1. Qualification of Owners 550 550 525 550 EEL Oxnard LLC dba Catalyst-Oxnard CCB 2021-32 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 EEL Oxnard LLC dba Catalyst-Oxnard CCB 2021-32 Retail Phase III 3. Location 550 550 550 550 EEL Oxnard LLC dba Catalyst-Oxnard CCB 2021-32 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1800 1775 1800
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Sol Natural Inc dba Kindly CCB 2021-49 Retail Phase III 1. Qualification of Owners 550 550 500 500 Sol Natural Inc dba Kindly CCB 2021-49 Retail Phase III 2. Neighborhood Compatibility 550 475 400 400 Sol Natural Inc dba Kindly CCB 2021-49 Retail Phase III 3. Location 550 325 325 375 Sol Natural Inc dba Kindly CCB 2021-49 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1500 1375 1425
Inland Empire Consulting LLC dba Vibe By California -
Oxnard
CCB 2021-06 Retail Phase III 1. Qualification of Owners 550 400 450 400 Inland Empire Consulting LLC dba Vibe By California -
Oxnard
CCB 2021-06 Retail Phase III 2. Neighborhood Compatibility 550 200 200 200 Inland Empire Consulting LLC dba Vibe By California -
Oxnard
CCB 2021-06 Retail Phase III 3. Location 550 400 450 350 Inland Empire Consulting LLC dba Vibe By California -
Oxnard
CCB 2021-06 Retail Phase III 4. Cannabis Community Benefits 150 75 50 50 Retail Phase III 1800 1075 1150 1000
406
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0223
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Vineyard Retail LLC dba Legendary Organics Oxnard CCB 2021-07 Retail Phase III 1. Qualification of Owners 550 500 500 500 Vineyard Retail LLC dba Legendary Organics Oxnard CCB 2021-07 Retail Phase III 2. Neighborhood Compatibility 550 500 500 550 Vineyard Retail LLC dba Legendary Organics Oxnard CCB 2021-07 Retail Phase III 3. Location 550 500 500 525 Vineyard Retail LLC dba Legendary Organics Oxnard CCB 2021-07 Retail Phase III 4. Cannabis Community Benefits 150 150 140 140 1800 1650 1640 1715
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
High Farma Inc dba High Farma CCB 2021-12 Retail Phase III 1. Qualification of Owners 550 450 450 450 High Farma Inc dba High Farma CCB 2021-12 Retail Phase III 2. Neighborhood Compatibility 550 475 475 475 High Farma Inc dba High Farma CCB 2021-12 Retail Phase III 3. Location 550 375 375 375 High Farma Inc dba High Farma CCB 2021-12 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 1800 1450 1450 1450
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
DBO Investments OX LLC dba From the Earth CCB 2021-35 Retail Phase III 1. Qualification of Owners 550 450 450 400 DBO Investments OX LLC dba From the Earth CCB 2021-35 Retail Phase III 2. Neighborhood Compatibility 550 350 375 350 DBO Investments OX LLC dba From the Earth CCB 2021-35 Retail Phase III 3. Location 550 375 425 375 DBO Investments OX LLC dba From the Earth CCB 2021-35 Retail Phase III 4. Cannabis Community Benefits 150 100 125 100 Retail Phase III 1800 1275 1375 1225
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Hempathy LLC dba Oxnard Healing Center CCB 2021-36 Retail Phase III 1. Qualification of Owners 550 450 450 450 Hempathy LLC dba Oxnard Healing Center CCB 2021-36 Retail Phase III 2. Neighborhood Compatibility 550 500 450 450 Hempathy LLC dba Oxnard Healing Center CCB 2021-36 Retail Phase III 3. Location 550 500 500 500 Hempathy LLC dba Oxnard Healing Center CCB 2021-36 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1600 1550 1550
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
HPC of Oxnard LLC CCB 2021-43 Retail Phase III 1. Qualification of Owners 550 500 550 500 HPC of Oxnard LLC CCB 2021-43 Retail Phase III 2. Neighborhood Compatibility 550 550 550 550 HPC of Oxnard LLC CCB 2021-43 Retail Phase III 3. Location 550 425 475 500 HPC of Oxnard LLC CCB 2021-43 Retail Phase III 4. Cannabis Community Benefits 150 150 150 150 Retail Phase III 1800 1625 1725 1700
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
JC Oxnard Ventures LLC dba Beyond Hello CCB 2021-25 Retail Phase III 1. Qualification of Owners 550 450 450 450 JC Oxnard Ventures LLC dba Beyond Hello CCB 2021-25 Retail Phase III 2. Neighborhood Compatibility 550 450 450 450 JC Oxnard Ventures LLC dba Beyond Hello CCB 2021-25 Retail Phase III 3. Location 550 475 475 550 JC Oxnard Ventures LLC dba Beyond Hello CCB 2021-25 Retail Phase III 4. Cannabis Community Benefits 150 150 125 125 Retail Phase III 1800 1525 1500 1575
JBIA Inc dba The High Class (THC) CCB 2021-29 Retail Phase III 1. Qualification of Owners 550 350 300 300 JBIA Inc dba The High Class (THC) CCB 2021-29 Retail Phase III 2. Neighborhood Compatibility 550 525 475 450 JBIA Inc dba The High Class (THC) CCB 2021-29 Retail Phase III 3. Location 550 550 500 500 JBIA Inc dba The High Class (THC) CCB 2021-29 Retail Phase III 4. Cannabis Community Benefits 150 125 125 100 Retail Phase III 1800 1550 1400 1350
Urban Leef LLC CCB 2021-01 Retail Phase III 1. Qualification of Owners 550 450 450 450 Urban Leef LLC CCB 2021-01 Retail Phase III 2. Neighborhood Compatibility 550 425 425 450 Urban Leef LLC CCB 2021-01 Retail Phase III 3. Location 550 450 375 325 Urban Leef LLC CCB 2021-01 Retail Phase III 4. Cannabis Community Benefits 150 150 150 100 Retail Phase III 1800 1475 1400 1325
407
PHASE 3 COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES.xlsx 0224
CITY OF OXNARD
COMMERCIAL CANNABIS BUSINESS APPLICATION SCORES
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Hijole Frijole dba Wheelhouse/Station 320 CCB 2021-47 Retail Phase III 1. Qualification of Owners 550 500 450 450 Hijole Frijole dba Wheelhouse/Station 320 CCB 2021-47 Retail Phase III 2. Neighborhood Compatibility 550 450 500 400 Hijole Frijole dba Wheelhouse/Station 320 CCB 2021-47 Retail Phase III 3. Location 550 500 500 500 Hijole Frijole dba Wheelhouse/Station 320 CCB 2021-47 Retail Phase III 4. Cannabis Community Benefits 150 150 125 100 1800 1600 1575 1450
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1: ES Panelist #2 JZ Panelist #3 KM
323 Cooper Road LLC dba Neighborgood CCB 2021-05 Retail Phase III 1. Qualification of Owners 550 250 325 225 323 Cooper Road LLC dba Neighborgood CCB 2021-05 Retail Phase III 2. Neighborhood Compatibility 550 400 450 400 323 Cooper Road LLC dba Neighborgood CCB 2021-05 Retail Phase III 3. Location 550 400 450 375 323 Cooper Road LLC dba Neighborgood CCB 2021-05 Retail Phase III 4. Cannabis Community Benefits 150 100 125 75 1800 1150 1350 1075
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
99 HT/GSG LLC dba 99 High Tide CCB 2021-46 Retail Phase III 1. Qualification of Owners 550 450 450 400 99 HT/GSG LLC dba 99 High Tide CCB 2021-46 Retail Phase III 2. Neighborhood Compatibility 550 400 400 400 99 HT/GSG LLC dba 99 High Tide CCB 2021-46 Retail Phase III 3. Location 550 450 400 400 99 HT/GSG LLC dba 99 High Tide CCB 2021-46 Retail Phase III 4. Cannabis Community Benefits 150 125 125 125 Retail Phase III 1800 1425 1375 1325
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Adam Knopf dba Golden State Greens CCB 2021-17 Retail Phase III 1. Qualification of Owners 550 450 450 450 Adam Knopf dba Golden State Greens CCB 2021-17 Retail Phase III 2. Neighborhood Compatibility 550 400 450 450 Adam Knopf dba Golden State Greens CCB 2021-17 Retail Phase III 3. Location 550 400 450 375 Adam Knopf dba Golden State Greens CCB 2021-17 Retail Phase III 4. Cannabis Community Benefits 150 125 150 125 Retail Phase III 1800 1375 1500 1400
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
C.I.D. Pacific LLC dba Channel Islands Dispensary CCB 2021-21 Retail Phase III 1. Qualification of Owners 550 325 325 275 C.I.D. Pacific LLC dba Channel Islands Dispensary CCB 2021-21 Retail Phase III 2. Neighborhood Compatibility 550 300 300 300 C.I.D. Pacific LLC dba Channel Islands Dispensary CCB 2021-21 Retail Phase III 3. Location 550 325 375 325 C.I.D. Pacific LLC dba Channel Islands Dispensary CCB 2021-21 Retail Phase III 4. Cannabis Community Benefits 150 75 75 75 Retail Phase III 1800 1025 1075 975
Company Name Reg/ID
Number
Business
Type
Phase Category Points
Possible
Panelist #1 ES Panelist #2 JZ Panelist #3 KM
Green Dragon Collective CCB 2021-08 Retail Phase III 1. Qualification of Owners 550 250 325 150 Green Dragon Collective CCB 2021-08 Retail Phase III 2. Neighborhood Compatibility 550 375 375 375 Green Dragon Collective CCB 2021-08 Retail Phase III 3. Location 550 225 250 225 Green Dragon Collective CCB 2021-08 Retail Phase III 4. Cannabis Community Benefits 150 75 75 50 Retail Phase III 1800 925 1025 800
S&S Financial Group Inc CCB 2021-09 Retail Phase III 1. Qualification of Owners 550 250 375 165 S&S Financial Group Inc CCB 2021-09 Retail Phase III 2. Neighborhood Compatibility 550 425 500 400 S&S Financial Group Inc CCB 2021-09 Retail Phase III 3. Location 550 275 400 300 S&S Financial Group Inc CCB 2021-09 Retail Phase III 4. Cannabis Community Benefits 150 75 75 75 Retail Phase III 1800 1025 1350 940
1880
J&J Holdings Investments LLC dba First on A CCB 2021-42 Retail Phase III 1. Qualification of Owners 550 175 175 150 J&J Holdings Investments LLC dba First on A CCB 2021-42 Retail Phase III 2. Neighborhood Compatibility 550 200 150 125 J&J Holdings Investments LLC dba First on A CCB 2021-42 Retail Phase III 3. Location 550 175 175 200 J&J Holdings Investments LLC dba First on A CCB 2021-42 Retail Phase III 4. Cannabis Community Benefits 150 150 75 50 Retail Phase III 1800 700 575 525
408
EXHIBIT 3
409
DATE: October 2, 2018
TO: City Council
FROM: Ashley Golden
Development Services Director
SUBJECT: Cannabis Land Use Options (15/20/30)
CONTACT: Ashley Golden, Development Services Director
[email protected], (805) 385-7882
RECOMMENDATION:
That City Council:
1. Receive a presentation regarding land use and siting (location) options associated with cannabis land uses in zoning designations throughout the City of Oxnard;
2. Direct staff to prepare draft land use and permit regulations that would allow cannabis distribution, manufacturing, and testing/laboratory operations in the City of Oxnard;
3. Review potential indoor and outdoor cannabis cultivation and provide input on land use locations, if any; and
4. Review potential medical and non-medical cannabis dispensary (i.e., retail dispensaries) locations and direct staff to conduct community outreach to solicit input pertaining to proposed dispensary locations in the City of Oxnard.
BACKGROUND
At its June 5, 2018 meeting, the City Council placed a measure on the November 2018 ballot that would impose a cannabis business tax on commercial cannabis uses, if approved by voters.
Advancing that ballot measure allows the City to continue its “go slow” approach in considering commercial cannabis uses while preserving the City’s ability to tax cannabis activities if the voters approve the ballot measure and the City Council subsequently authorizes specific commercial cannabis uses and regulations within the City.
CITY COUNCIL
AGENDA REPORT
TYPE OF ITEM: Report
AGENDA ITEM NO.: 2
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On June 26, 2018, the City Council conducted a study session to evaluate the types of cannabis related land uses that may be permitted in the City. Background information provided to the City Council for its consideration at the study session included the “Fiscal Analysis and Feasibility Study of the Commercial Cannabis Industry” prepared by the City’s cannabis consultant, HdL. At this meeting, the Council directed staff to proceed with evaluating the siting and land use regulations associated with the following cannabis related uses: Retail (medical and non-medical), Manufacturing, Distribution, Testing Laboratories, and Cultivation. The staff report for the June 26, 2018 Study Session is attached as Attachment A.
Staff, in consultation with HdL, has evaluated state law, reviewed land use regulations, studied best practices, and is providing recommendations and potential land use locations for five cannabis related land uses in the City.
ANALYSIS
The HdL study prepared for the June 26, 2018 study session indicated that the City of Oxnard could support the following number of each type of commercial cannabis uses:
1) Retail dispensaries – 8 to 18
2) Manufacturing – 6 to 12
3) Distributors – 3
4) Testing Labs – 1
5) Cultivation – 2
Consistent with the City’s “go slow” approach, staff recommends the following numbers for each type of proposed commercial cannabis uses:
1) Retail dispensaries – 8
2) Manufacturing – 8
3) Distributors – 3
4) Testing Labs – 1
5) Cultivation – 2
Cannabis Business Type Go Slow
Approach
Recommended
Maximum
Number
HdL Feasibility
Study Range
(June 2018 study)
Retail 8 8-18
Manufacturer 8 6-12
Distributor 3 3
Testing Lab 1 1
Cultivation 2 2
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Land Use Siting Considerations
The State of California stipulates that cannabis related uses cannot be located closer than 600- feet from a sensitive use, which is defined by state law as K-12 schools (including private and charter schools), day care centers, youth centers, and public parks. Local governments, however, are allowed to designate smaller, or larger, buffer zones if these buffer zones are codified in an ordinance. The state will defer to the local government on a buffer zone that differs from the default standard of 600 feet. State law mandates the 600-foot distance be calculated, parcel to parcel (boundary line to boundary line). This means if 600 feet touches any part of a legal parcel, the entire area cannot contain cannabis related uses. State law is silent on the buffer zone from a cannabis use to residential properties; setting that buffer is entirely up to local government.
Based upon the land use considerations and local zoning, staff has prepared various maps to conceptually identify locations where cannabis uses could be located. All maps implement the 600 foot buffer separation requirement stipulated by state law; however staff looked at increasing buffers to 800 feet and even 1000 feet, but the increased buffer only resulted in the removal of two cannabis use areas which was considered negligible.
The maps contained in the staff report are as follows:
Potential Cannabis Areas Map – Identifies the five potential cannabis types and conceptual locations (Attachment B)
Manufacturing, Distribution & Testing Map (Attachment C) Cultivation Map – Identifies potential indoor or outdoor cultivation areas (Attachment D)
Retail Dispensary Maps– Identifies potential retail locations (Attachment E) and retail dispensaries in Port Hueneme (see Attachment F)
There are best practices that apply to all five uses, best practices for each of the five uses, and special considerations with cultivation and retail (see Attachment G). Because of the commonalities and best practices with distribution, manufacturing, and testing/laboratory, staff will present information on these three uses as one group. Retail and cultivation will have separate analysis and mapping.
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