Agenda packet — Oxnard City Council, February 15, 2022 (part 3 of 4)

Potential Cannabis Uses and Potential Locations in the City of Oxnard Distribution, Manufacturing, Testing/Laboratory Operations The June 2018 HdL study indicated that cannabis manufacturing presented the best opportunity for growing new business and jobs in the City. It also noted that the manufacturing sector was still evolving and expanding, which also presented significant opportunity for innovation, business development, and job growth. Finally, the report noted that due to Oxnard’s location directly between the vast greenhouses of Santa Barbara County and the larger consumer base of Los Angeles, Oxnard could be well positioned to attract cannabis distributors as well as testing laboratories.

Distribution is a fundamental component of the cannabis supply chain and involves the procurement, sale, and transport of cannabis and/or cannabis products. Distribution facilities are commonly located in industrially zoned areas. Manufacturing and testing typically involve the preparation, propagation or compounding of cannabis that involves chemicals and materials which are regulated by the state. These uses are typically within industrial zones away from residential areas. .

As identified within Attachment C, Potential Manufacturing, Distribution, & Testing Map – “Potential Industrial Areas”, the identified areas include:
 Rose Santa Clara Corridor Specific Plan area (Business Park and Commercial) – north of US 101, west of N. Rice Ave., and generally east of Paseo Mercado;  Sakioka Farms Specific Plan area (Industrial and Business Research Park) – south of US 101, east of N. Rice Ave.;
 McInnes Ranch Specific Plan area (Industrial) - south of Sakioka, and north of W. Fifth Street, east of N. Rice Ave;
 Northfield Seagate (Industrial) – west of N. Rice Ave., north of W. Fifth Street, south of US 101;
 Channel Islands Business Center (Industrial) - south of Wooley Rd., west of S. Rose Ave., and north of E. Channel Island Blvd.;
 Statham Blvd. (Industrial) – west of S. Rose Ave., north of Channel Islands Blvd., east of Rose Ave.; and
 Arcturus (Industrial) – north and south of E. Hueneme Rd., west of Perkins, Ormond Beach area.

The Potential Industrial Areas were identified with consideration to residential land uses, and environmental resources. The boundaries of the Potential Industrial Area uses are no closer than 600 feet from state defined sensitive uses. In some locations, the Potential Industrial Areas are oddly shaped. This is because the 600 foot measurement is from parcel to parcel (boundary line to boundary line) and in some location areas are retained as one parcel with multiple buildings/land uses.

N.2
Packet Pg. 270
413
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 5 ends

If the City Council gives direction to proceed with regulations with these three cannabis uses, an ordinance containing best practices to address health, safety, and public welfare, as well as land use compatibility will be drafted and presented to Planning Commission and City Council at a future date. Development and permit regulations would also be developed, and in doing so consideration of Specific Plan regulations and business interest would be evaluated. The HdL study indicated that through a “go-slow” approach, the City could feasibly support up to 14 Industrial cannabis land uses. The draft regulations would contain provisions to ensure that no more than 12 industrial uses would be permitted before returning to City Council for further directions and necessary ordinance amendments.

Cultivation
There was generally less unified City Council support for cultivation in the City.

Cultivation is generally divided into four basic categories that are square footage driven: outdoor, indoor, mixed light (may utilize both natural and artificial light), and nursery. A combination of these cultivation techniques may occur at a site. Cultivation licenses allow for activities involved in planting, growing, harvesting, drying, curing, grading, and trimming. Depending upon the cultivation method, the size, location, and setting of cannabis cultivation sites could vary. Cultivation areas are also subject to the 600 foot parcel to parcel buffer. Indoor cultivation is feasible in some of the “Potential Industrial land use” areas. These are identified within Attachment C and D as “All Uses”, and Cultivation Map, respectively.

Staff has identified potential locations where either indoor or outdoor cultivation could occur.

The locations are as follows:
 All uses, Attachment D – Rose Santa Clara Corridor Specific Plan and Sakioka Farms Specific Plan areas
 McIinnes Ranch Specific Plan area
 Arcturus area
The HdL study notes that it is far more likely that due to Oxnard’s coastal climate and urban environment, cultivation in Oxnard would likely be located indoors. The state licenses cultivation by square footage and in some instances by plant canopy.

Key factors in developing a cannabis cultivation ordinance include regulations to address potential concerns regarding water usage, electricity, odor control measures and security measures. Best practices would need to be designed to address neighborhood and land use compatibility, and will vary depending upon cultivation size and intensity.

The HdL study determined that the cultivation market was generally saturated. The study cautiously recommended that the City could potentially support two cultivation facilities.

N.2
Packet Pg. 271
414
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 6 ends

Cultivation regulations to address environmental factors such as water and energy usage, and regulations tailored to cultivation size will take more research, analysis, and review of state regulations. For this reason and to utilize lessons learned as a result of implementing the City’s cannabis distribution, manufacturing, and testing/laboratory ordinance, staff is recommending that the City Council consider a cannabis cultivation ordinance in the next year.

Retail Dispensaries
At the June 26, 2018 City Council meeting, City Council consensus on advancing regulations to allow medical or non-medical retail cannabis dispensaries was limited. Dispensaries (medical or non-medical) are currently banned within the City of Oxnard (Jan. 26, 2016 - Ord. No. 2898).

Through adoption of Ordinance No. 2937 (April 10, 2018), delivery of medical cannabis is permitted with the proper permits.

The retail or “dispensary” component of cannabis land uses is generally the most visible segment of the commercial cannabis industry. As such, retail sales locations have been subject to the most scrutiny.

The City’s consultant indicated that the City could support between 8-18 dispensaries; HdL recommended 13 dispensaries (middle range of market feasibility). Staff recommended a “Go Slow” approach and permitting of up to 8 dispensaries within the City.

When considering where dispensaries could potentially be located, staff consulted HdL regarding best practices. HdL indicated that there are benefits associated with locating dispensaries within shopping centers as compared to commercially zoned standalone parcels which are not located within a shopping center. The benefits in locating retail dispensaries in shopping centers with multiple tenants are as follows:
 Easier to regulate businesses when they are located in the same shopping center  If located in a business park or other commercial complex that is relatively secure, it can be easier for police to monitor (security cameras, etc.)  Site visits to “one location” advantageous for regulatory/police entity  Greater convenience for businesses to the degree they can use one another’s services  Effective regulatory tool/zoning arrangement provided no more than one retail outlet is located in a site
Staff has conceptually identified potential retail dispensary locations throughout the City of Oxnard, which is summarized below and is based upon a 600 foot separation requirement from sensitive uses (See Attachment E (Retail Locations/Neighborhoods). The map identifies more than 8 potential dispensary locations because it is likely some locations will be removed through Council and community input. The map includes commercial shopping centers which meet the 600 foot separation requirement and stand-alone commercial and business and research zoned parcels which also meet the buffer requirements. If Council desires to advance retail dispensary locations in the City, staff recommends implementation of an overlay zone on selected retail dispensary locations to ensure compliance with buffer and other land use requirements.

N.2
Packet Pg. 272
415
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 7 ends

The shopping centers and commercial parcels are generally as follows:

Shopping Centers:
 Esplanade Shopping Center (General Commercial) - south of U.S. 101, east of Vineyard Ave.;
 RiverPark Specific Plan Area (Specific Plan) – north of 101;  Big 5 Shopping Center (General Commercial) - south of U.S. 101, west of E. Vineyard Ave.;
 Shopping at the Rose/Rose Ranch – (Business Research Park and Neighborhood Commercial) - south of U.S. 101, west of N. Rose Ave.;
 Rose Santa Clara Corridor Specific Plan area (Business Park and Commercial) – north of US 101, west of N. Rice Ave., and generally east of Paseo Mercado;  The Palms (Business Research Park) - south of U.S. 101, north of Gonzales Rd.;  Sakioka Farms Specific Plan area (Industrial and Business Research Park) – south of US 101, east of N. Rice Ave.;
 Airport Property (Business and Research Park and Industrial) – north of W. 5th Street, west of S. Ventura Rd.;
 Airport Marina Shopping Center - (General Commercial) – south of West Fifth Street, east of Victoria Ave.);
 Channel Islands at Ventura Rd. – (General Commercial) – east of S. Ventura Rd., north of Channel Island Blvd.;
 Ventura Rd. and Fifth Street – (General Commercial) - west of Ventura Rd. and north of W. Wooley Rd.;
 Pleasant Valley Rd. and Rose Ave. – (General Commercial) – north of Pleasant Valley Rd. and Rose Ave.;
Stand Alone Commercial Parcels:
 North and South along Saviers Ave. (Commercial)
 Sporadic parcels along Oxnard Blvd. (Commercial)
 US 101 between Rose Ave., and Del Norte Blvd.; and
 Various parcels along W. Fifth Street
Attachment F also identifies the location of retail dispensaries (and potential dispensaries for which occupancy has not yet been secured) in the City of Port Hueneme for context and information on proximity to the City’s limits and potential retail locations in the City.

Through development of a local regulatory ordinance, the City would impose best practices to address security, noise, potential odor, loitering, and other common community and operational concerns associated with dispensary uses.

Considering that dispensaries tend to garner the most community input, concern, and scrutiny, staff recommends that community engagement be conducted to secure input regarding the N.2
Packet Pg. 273
416
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 8 ends

conceptual dispensary locations. As part of this community engagement process, staff would secure input from neighborhoods as follows:
 Review best practices and secure input on operational measures;  Discuss quantitative and semi-quantitative buffer provisions and secure community input.

For example, does the community support a limit on the number of retail cannabis uses in a shopping center, should there only be one per shopping center, and/or should there be a separation from the retail establishment to the residential neighborhood? Does the community want to evaluate a different sensitive use buffer requirement (different from the state 600 foot requirement)? Should the use be located at predetermined distance apart or should commercial cannabis businesses not be permitted to be on the same site or directly adjacent sites? Should there be a limit on the number of businesses permitted in a shopping center?; and
 What concerns does a particular neighborhood have regarding the potential retail use in their neighborhood?
If the City Council is supportive of considering dispensaries in the City, staff will conduct community engagement over the next six months. This input would then be communicated to the City Council with staff recommendations for dispensary locations and operational standards, also known as best practices. Following City Council input, staff would work with the City’s consultant, HdL to develop a dispensary ordinance and application process. This entire process is anticipated to take approximately one year.

Cannabis Businesses – Best Practices
For any regulatory ordinance the City considers, staff will consider lessons learned from other communities and best practices. In addition to required State law provisions, some best practices are generic to all cannabis businesses, regardless of their cannabis business type. As staff advances work on any ordinance, these will be considered and are summarized below:

Examples of Best Practices Relevant to all Cannabis Businesses:
 On-site Security: Require business to have on-site security personnel, licensed by the California Bureau of Security and Investigative Services  Plan for Community Benefits: In-kind donations to local non-profits or community based organizations; support, financial and otherwise, for local non-profits, civic organizations, parks and recreation
 Emergency Response Plan: Requires plan that includes a fire evacuation plan, addresses robberies/other emergencies
 Properly Monitored Alarm System and yearly inspections  First Responder Access/Knox Box for all commercial cannabis facilities  Plan for Cash Handling (Likely: only retail, manufacturing) N.2
Packet Pg. 274
417
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 9 ends

Other cannabis business types require best practices unique to the use. These are summarized in Attachment G, Best Practices.

STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to build relationships and create opportunities within the community for safe and vibrant neighborhoods, which will showcase the promising future of Oxnard. This item supports the following goals and objectives:

Objective 1d. Examine options for long term sustainability of public safety services to ensure an efficient and effective public safety service delivery model.

Goal 2. Increase transparency with Council, community and staff related to the City’s budget and financial management processes.

This agenda item supports the Economic Development strategy. The purpose of the Economic Development strategy is to develop and enhance Oxnard’s business climate, promote the City’s fiscal health, and support economic growth in a manner consistent with the City’s unique character. This item supports the following goals and objectives:

Goal 1. Create vibrant and economically sustainable commercial, industrial and retail industries throughout the City.

Goal 2. Enhance business development throughout the City.

Objective 2a. Develop a strong citywide economy which attracts investment, increases the tax base, creates employment opportunities, and generates public revenue.

Objective 2d. Public safety will collaborate with the business community to promote an environment that supports economic development.

Goal 3. Enhance business retention and attraction.

Objective 3a. Implement an economic development plan for attracting and retaining business.

FINANCIAL IMPACT
There is no immediate financial impact to the City associated with this item. No action is anticipated for this item that would carry any immediate financial impact to the City. As outlined in staff’s June 2018 staff report, the precise amount of revenue to be generated by cannabis businesses is based upon the tax rate imposed and number of businesses. This estimate is not inclusive of any delivery tax revenue which could potentially be generated.

N.2
Packet Pg. 275
418
Cannabis Land Use Options (15/20/30)
October 2, 2018

Page 10 ends

ATTACHMENTS:

Attachment A: Cannabis Staff Report from June 26 CC meeting Attachment B: Cannabis Zone Study Map_Potential By Areas Attachment C: Cannabis Zone Study Map_Manufacture Distribution Testing Map Attachment D: Cannabis Zone Study Map_Potential Areas Cultivation Map Attachment E: Cannabis Zone Study Map_Retail and Neighborhood Map Attachment F: Cannabis Zone Study Map_Cannabis in Oxnard and Port Hueneme Map Attachment G: Best Practices Condensed
N.2
Packet Pg. 276
419
DATE: June 26, 2018
TO: City Council
THROUGH: Alexander Nguyen
City Manager
FROM: Ashley Golden
Development Services Director
SUBJECT: Cannabis Study Session (15/15/30)
CONTACT: Ashley Golden, Development Services Director
[email protected], (805) 385-7882
RECOMMENDATION:

That City Council:

1. Receive the report from HdL Companies on their Feasibility Study and Fiscal Analysis of the potential cannabis industry in the City of Oxnard; and

2. Provide direction to staff regarding the permitting and regulation of various types of cannabis businesses in the City of Oxnard.

BACKGROUND
On November 8, 2016, California voters passed the Control, Regulate, and Tax Adult use of Marijuana Act (“AUMA”) as Proposition 64. AUMA legalized the nonmedical use of cannabis (marijuana) by persons 21 years of age and over, the personal cultivation of up to six cannabis plants per household, and certain commercial cannabis businesses. All commercial cannabis businesses must have a state license in order to operate, but AUMA does not limit the City’s authority to adopt and enforce local ordinances regulating or prohibiting state-licensed cannabis businesses.

The City Council has consistently chosen to take a “go slow” approach to exploring the possible regulation of the various types of commercial cannabis businesses, to allow the City to examine and study the experiences of neighboring jurisdictions and other agencies throughout the State,

CITY COUNCIL

AGENDA REPORT
TYPE OF ITEM: Appointment
Item
AGENDA ITEM NO.: 1
N.2.a
Packet Pg. 277
420
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 2 ends

as well as to observe how the federal government reacts to California’s medical and adult-use cannabis laws.

On April 3, 2018, the Council took action to enact a zone text amendment explicitly banning commercial cannabis activities and to incorporate existing medical cannabis restrictions into the Oxnard City Code. At the same time, the Council revised existing regulations to allow for delivery of medical cannabis within the City from licensed dispensaries with permits from the City.

On June 5th, 2018, the Council voted to place a cannabis tax on the November 6th ballot, which would impose a range of taxes on a variety of commercial cannabis business types, including retail sales, cultivation, manufacturing, distribution, and testing. If approved by the voters, the passing of the tax measure would not automatically permit these cannabis activities within the City, nor would it compel the City to take action to do so. The City would still have the discretion and authority to determine which, if any, of these cannabis business types it wishes to permit, regulate and tax, and which it wishes to ban. In addition, the City would have the discretion to establish tax rates for each type of cannabis business at any rate up to the maximums defined in the measure.

To assist with these discussions, the City retained the services of HdL Companies to conduct a feasibility study to determine the types and numbers of cannabis businesses which would be sustainable in the City of Oxnard, should the City choose to permit them in the future. The City also requested HdL provide a fiscal analysis of the proposed cannabis tax rates to project the amount of annual revenue that permitting each of these business types might generate for the City.

The purpose of the cannabis study session is to gauge the Council’s support for cannabis related industry in the City. During the cannabis study session staff will provide a presentation regarding what cannabis related industry the City can support and the fiscal implications of allowing these uses in the City. The Council may choose to direct staff to explore further permitting and regulation of some or all of the cannabis business types being considered.

ANALYSIS
Over the past few months, City staff have been evaluating what types of cannabis permits are currently being issues by the State of California; analyzing the types of potential cannabis industries suitable to operate within the City of Oxnard; meeting with residents and business community members interested in operating retail and laboratory uses in the City; and fielding a number of cannabis related phone calls, typically pertaining to establishing retail uses in the City, laboratory testing opportunities, and cultivation farming.

The types of cannabis industries which could be located in the City include: Retail, Manufacturing, Distribution, Testing Laboratories, and Cultivation. Cannabis cultivation, manufacturing, distribution and retail sales each offer different challenges and opportunities for N.2.a
Packet Pg. 278
421
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 3 ends

the City. The following summarizes types of cannabis industries, and opportunities for the City to explore.

Cannabis Retailers
As defined by the Bureau of Cannabis Control, a Cannabis Retailer is a person licensed to sell cannabis goods to customers as “a retailer, microbusiness, or nonprofit.” For the purpose of this staff report, no distinction is being made between medical and recreational cannabis use. The retail component of the supply chain is by design the most visible segment of the commercial cannabis industry. As such, retail sales locations have been subject to the most scrutiny. Retail sales locations must be thoughtfully zoned, designed, and constructed in a manner that is suitable for the neighborhood to create the least amount of impact on the surrounding businesses and neighborhood.

Based on the current demand for retailer locations (dispensaries), retail locations can generate substantial revenues compared to other retail establishments within jurisdictions. Cannabis retailers currently generate on average $933 per square foot, because most retail stores take up much more space than dispensaries. Cannabis retailers stock a lot of product into a relatively small amount of space, and the average price point for cannabis is attractive to consumers.

Summary of Pros and Cons:

1. City has the ability to develop well-defined land use controls and buffers to protect sensitive uses such as schools, parks, etc.

2. City has the ability to limit the overall number of retailers to prevent oversaturation.

3. City has the ability to regulate point of sale, impose inventory control data metrics and conditions, and impose conditions on the volume of inventory on display at a given time.

4. Significant revenue can be realized if the use is well-regulated and taxed at an appropriate level.

5. Revenue can be generated in a less traditional way and in lieu of methods typical of traditional store front retail uses.

6. Poorly trained employees can create inventory tracking problems and liabilities.

7. Combination of all-cash business and significant product on site can pose a public safety hazard for employees and customers.

8. The City has the ability to require security presence up to 24-7 which would result in a net positive public safety effect on the neighborhood.

It is estimated that Oxnard could support between 8 and 18 retailers (combined between medical and recreational), with a midpoint of 13. Retail saturation is based upon a presumed saturation of one retail establishment per 20,000 persons. This saturation rate is based upon data and an analysis of other retail establishments and knowledge of the industry. Should Council wish to allow cannabis retail establishments, staff recommends that City Council take a cautious approach to permitting retailers by starting at the lower retail establishment number of 8. This will help ensure success for these businesses by dividing the same customer base among a N.2.a
Packet Pg. 279
422
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 4 ends

smaller number of businesses. In addition to limiting the max number of retailers, the regulations would need to include provisions to address the pros and cons listed above.

Cannabis Manufacturers
The Department of Public Health (DPH) defines Manufacturing as “all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products”. Manufacturing also includes “any processing, preparing, holding, or storing of components and ingredients”. The manufacturing sector is still evolving and expanding, which presents significant opportunities for innovation, business development and job growth. In 2017, sales of ready-to-use cannabis products surpassed sales of cannabis flower for the first time, and the trend appears likely to continue into the future. Clear regulatory policies and competitive tax rates will be essential for attracting or holding on to this growing sector. HdL estimates that the City could support between 6 and 12 manufacturers, with a range of sizes. Manufacturing business represents over 50% of all cannabis sales, by price (not volume).

Summary of Pros and Cons:

1. Cannabis manufacturing is on the rise based upon current trends in cannabis use.

2. The City has open land available for industrial expansion and construction. City has the ability to develop zoning compliance and siting provisions to identify appropriate zones.

3. Rigorous regulatory requirements are needed to address employee safety and business operations.

4. Equipment and methods used for cannabis extractions are preexisting and have been utilized in the community for other manufacturing operations.

5. There are large quantities of volatile gases and industrial solvents necessary for the manufacturing process, which poses a hazard risk.

6. Employee security measures and protocols must be developed to address potential employee theft/diversion to the black market.

7. Rigorous testing ensures that consumer safety.

8. Regulations require destruction of any non-compliant of contaminated product.

9. Vacancy rate of industrial buildings is exceptionally low (between 1 – 3%, as of 2016).

Distributors
Distributors are the only licensed business type that can transport inventory between licensed cannabis businesses. Distribution licensees are responsible for securing large quantities of inventory, while ensuring it is properly tested and transported to licensed businesses. Distributors must have expertise in product movement, as well as checking for compliance with packaging and labeling requirements. In addition to transporting inventory between licenses, distribution companies will also be responsible for ensuring the examination of inventory at a testing laboratory and the collection of the State’s excise taxes, before releasing the product to a retailer.

Cultivators, manufacturers, and retailers also have the opportunity hold a distribution license as well, provided the distributor’s licensed premises are “separate and distinct”. This is to ensure N.2.a
Packet Pg. 280
423
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 5 ends

that the various administrative privileges and inventory tracking requirements are strictly adhered to. Pursuant to State requirements, licensed distributors will be required to establish comprehensive security measures to ensure the inventory is secured during transit and accounted for with manifest documentation. Additionally, pursuant to State requirements, distributors will be required to be licensed in a commercial or industrial building, requiring little to no signage or advertisement.

Due to Oxnard’s location directly between the vast cannabis greenhouses of Santa Barbara County and the large consumer base of Los Angeles, Oxnard could be well-positioned to attract cannabis distributors. This would especially be the case if the City allowed (and was successful in attracting) a variety of other business types, including cultivators and manufacturers.

Summary of Pros and Cons:

1. City has the ability to develop additional security and inventory control measures for distributors with items stored on-site and transported. This could be considered a pro or con depending upon the City’s desire to take on additional responsibility.

Testing Laboratories
As defined by the Bureau of Cannabis Control, Cannabis Testing Laboratories will be required to perform testing on cannabis goods to measure: cannabinoids, foreign material, heavy metals, microbial impurities, mycotoxins, moisture content and water activity, residual pesticides, residual solvents and processing chemicals and terpenoids. Additionally, edible cannabis products that contain more than one serving per unit will be tested for homogeneity to endure consistent concentrations of tetrahydrocannabinol (THC) or cannabidiol (CBD). Upon completion of the test, the laboratory generates a certificate of analysis that contains the results of the testing and whether the tested batch passed or failed. The owners of any testing laboratories are prohibited by law from having any level of ownership in any other type of cannabis business.

The Bureau of Cannabis Control has only issued 28 licenses for testing laboratories in all of California. These laboratories tend to be located in areas with a large amount of both cultivation and manufacturing. Since Oxnard has thus far banned all commercial cannabis activities, it seems unlikely that the City would be home to a testing laboratory in the near future. However, should the City choose to permit, regulate and encourage other cannabis business types, it is certainly possible that it may become an attractive location at some point in the future. Thus far it is assumed the City could support operation of one testing laboratory. The City has received one inquiry for operation of a cannabis testing laboratory in the City.

Summary of Pros and Cons:

1. City has the ability to develop additional security and inventory control measures while items are stored on-site and transported.

2. Testing labs don’t have a possessory interest in the cannabis product. No ownership of actual product.

N.2.a
Packet Pg. 281
424
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 6 ends

3. City has the ability to impose more rigorous testing requirements if desired. However, this would require a level of regulatory expertise that most cities don’t possess.

4. Testing labs pose lower public safety challenges because they have so little cannabis on the premises compared to other license types that they are far less likely to attract criminal activity, or to become a source of diversion.

Cultivation
Cannabis cultivation is generally divided into four basic categories: outdoor, indoor, mixed light (utilizing both natural and artificial light) and nursery. A combination of these cultivation techniques may occur at a site. Cultivation licenses allow for activities involving planting, growing, harvesting, drying, curing, grading and trimming. Depending on the cultivation method, the size, location, and setting of cannabis cultivation sites could vary.

Neighboring Santa Barbara County has the highest amount of licensed cannabis cultivation in California, but this has been accommodated largely through adaptive reuse of vacant industrial greenhouse infrastructure that Oxnard does not have. Any cannabis cultivation in Oxnard would likely be limited to indoors due to both the coastal climate and the urban environment. Oxnard has a large amount of Light Industrial-zoned properties, mostly located on the eastern edge of the City, with easy access to Highway 101.

The cannabis cultivation market in California has already exceeded its saturation point 3-times over, which suggests that there is not enough room for those growers already licensed, much less new entrants into the market.

Summary of Pros and Cons:

1. Revenue Potential.

2. Potential odor generated by cannabis use.

3. Potential theft/criminal activity.

4. Increase in use of water and electricity.

5. Dependent upon how the facility is designed, potential light pollution and light spill onto adjacent properties for green houses only.

6. Potentially high failure rate due to oversupply which may lead to volatile revenues and vacant properties/buildings.

Objective 1d. Examine options for long term sustainability of public safety services to ensure an efficient and effective public safety service delivery model.

N.2.a
Packet Pg. 282
425
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 7 ends

Goal 2. Increase transparency with Council, community and staff related to the City’s budget and financial management processes.

Goal 1. Create vibrant and economically sustainable commercial, industrial and retail industries throughout the City.

Goal 2. Enhance business development throughout the City.

Objective 2a. Develop a strong citywide economy which attracts investment, increases the tax base, creates employment opportunities, and generates public revenue.

Objective 2d. Public safety will collaborate with the business community to promote an environment that supports economic development.

Goal 3. Enhance business retention and attraction.

Objective 3a. Implement an economic development plan for attracting and retaining business.

FINANCIAL IMPACT
There is no immediate financial impact to the City associated with this study session item. No action is anticipated for this item that would carry any immediate financial impact to the City.

The precise amount of revenue to be generated is based upon the tax rate imposed and number of businesses. This estimate is not inclusive of any delivery tax revenue which could potentially be generated.

If the tax measure does not pass, then there is no tax revenue. The City would have the ability to collect the actual cost associated with the processing of permits, enforcement, inspection, and other legitimate governmental costs related to regulation of specific permittees. The following provides a comprehensive summary of the range of revenue potential:

Business Type Number Low tax rate Revenue High Tax Rate Revenue Retailer 13 4.0% $852,733 6.0% $1,279,100
Manufacturer 8 2.5% $500,000 4.0% $800,000
Distributor 3 2.0% $150,000 3.0% $225,000
Testing Lab 1 1% $20,000 2.5% $50,000
N.2.a
Packet Pg. 283
426
(5:00 PM Appointment Item) Cannabis Study Session (15/15/30) June 26, 2018

Page 8 ends

Cultivation 2 1.4% $224,000 2.0% $320,000
Total $1,746,733 $2,674,100
ATTACHMENTS:

Attachment A: Oxnard Tax and Feasibility Analysis FINAL N.2.a
Packet Pg. 284
427
N.2.b
Packet Pg. 285
428
N.2.c
Packet Pg. 286
429
N.2.d
Packet Pg. 287
430
N.2.e
Packet Pg. 288
431
N.2.e
Packet Pg. 289
432
N.2.f
Packet Pg. 290
433
1 Attachment G
Best Practices
Cannabis License Types
In addition to required State law provisions, some best practices are generic to all cannabis businesses, regardless of their specialized activity.

Summary of Best Practices Relevant to all Cannabis Businesses:
 On-site Security: Require business to have on-site security personnel, licensed by the California Bureau of Security and Investigative Services.  Plan for Community Benefits: In-kind donations to local non-profits or community based organizations; support, financial and otherwise, for local non-profits, civic organizations, parks and recreation
 Emergency Response Plan: Requires plan that includes a fire evacuation plan, addresses robberies/other emergencies
 Properly Monitored Alarm System and yearly inspections  First Responder Access/Know Box for all commercial cannabis facilities  Plan for Cash Handling (Likely: only retail, manufacturing)

CULTIVATION
Summary of Best Practices:

1. Do not allow outdoor cultivation, to minimize nuisance complaints due to odor

2. Develop a general nuisance odor ordinance, if one is not currently enacted

3. Require Odor Control Plans that identify and contain on-site odors within the CCB

4. Require Renewable Energy Plans

5. Require a Water Management Plan

6. Restrict exterior artificial lighting

7. Require Security Plans that include surveillance camera coverage without blind spots

8. Consider distance requirements from what may be additional sensitive uses, depending on the community (residences, churches, libraries rehabilitation facilities, etc.)

DISTRIBUTION
Summary of Best Practices:

1. Require reporting/verification pertaining to Distributors’ responsibilities:
a. Goods Movement: Expertise in product movement required; plan for goods movement
b. Testing: Responsibility to arrange for testing of cannabis and cannabis products and confirmation of testing results, prior to transportation to any retail location for commercial sale (key to enforcement of state health & safety standards) N.2.g
Packet Pg. 291
434
2 c. Tax Collection: Collection of both state cultivation tax and state excise tax d. Verification of adherence to state packaging and labelling requirements

2. Allow Distribution operations in Industrial zones (M-L, M-1, M-2); Avoid CIA

3. State law prohibits locating within 600 ft of sensitive receptor (schools, day cares, youth centers, parks); consider expanding buffer

4. Require the entire distribution facility to be designated as a limited access facility, preventing visitor, contractors or non-employees from entering; consider security escort plan

5. Require a secured room plan; approve the safe, vault or secured room prior to issuance of license and prior to building permit issuance

6. Inspect the safe, vault or secured room prior to issuance of license

7. Require that all vehicles used to transport inventory be equipped with GPS

8. Require that a computer-generated manifest occur prior to transportation of inventory

9. Prohibit non-authorized employees within vehicles during deliveries to licensed businesses

10. Require that inventory be locked and secured in an approved case, safe or cabinet, including when in transit

11. Require criminal background check for all employees

12. Structure ordinance/permit issuance so that reporting of transport incidents are reported to City and incidents impact renewability of license

MANUFACTURING
Summary of Best Practices:

1. Require detailed, full disclosure of the nature of the manufacturing operation as part of the permitting process. If a business plans to conduct volatile extraction, the application and the interview should elicit that information. Some jurisdictions have allowed themselves to be misled into believing the business would be operating a cannabis bakery, when extraction (at that time completely illegal) was occurring on-site.

2. For businesses with engaged extraction, reaffirm compliance with the state requirement for a closed loop system. Require submittal of engineered plans reflecting closed loop system.

3. Require detailed disclosure and storage plans during the permitting process and through building permit (storage and handling plans for the large quantities of volatile gases and industrial solvents that will be stored on-site).

4. Require that all extraction activities occur in a room solely dedicated to the extraction process.

5. Require that all waste be disposed of in a manner so that it cannot be detected or used for any other purpose.

6. If the business is performing extraction using volatile gases, require that the room be constructed to meet National Fire Protection Association (NFPA) C1-D1 hazardous location classifications.

7. Allow cannabis manufacturing operations in light Industrial and manufacturing zones (M-L, M-1 and M-2).

N.2.g
Packet Pg. 292
435
3 8. State law prohibits locating within 600 ft of sensitive receptor (schools, day cares, youth centers, parks); consider expanding buffer

9. Require installation in the manufacturing facility of fire suppression systems and flammable gas detection devices

10. Require notification of any change to product line and use of extraction solvents

11. Require all extraction equipment be inspected by an industrial hygienist

12. Require all extraction technicians be trained and certified

13. Expressly require the business to include required food handling safety training in Employee handbook, if any of the manufactured products will be cannabis edibles.

14. Require the establishment of clearly defined administrative hold and product recall procedures

15. Require that all employees be subject to a criminal background check.

RETAIL
Summary of Best Practices:

1. Some jurisdictions have opted for Non-Store Front Retail, as it can generate revenue without having traditional store fronts and related public safety concerns

2. Require on-site security officer; part of daily business operations

3. Submittal of verification data for compliance with track-and-trace

4. Require business’ to have robust inventory control policy to include regular, systematic inventory checks/reconciliation

5. Require installation of surveillance cameras with zero blind spots

6. Require written cash handling procedures, including plan for periodic deliveries to bank (random times, not regularly scheduled)

7. Allow in Commercial zones (Specific Plan Areas, C-2, BRP – verification with County Dept. of Airports)

8. State law prohibits locating within 600 ft of sensitive receptor (schools, day cares, youth centers, parks); consider expanding buffer

9. Require all inventory (including edibles and concentrates) be locked and secured in a safe, vault or secured room when the business is closed

10. Require that the Standard Operating Procedures provide ongoing point of sale and inventory tracking data entry training to all employees

11. Limit the amount of inventory on display to the equivalent of two days sales (increases inventory accountability and reduces volume of odor)

12. Require the business to assign one individual to the position of inventory manager.

Require inventory control plans

13. Require crime prevention through environmental design or CEPTED plan as part of permitting and building permit review

14. Require that all employees be subject to a criminal background check

15. Require that all inventory and sales transactions be reconciled by end of business day

16. Require business to have written training procedures re: point of sale and inventory control data to ensure proper data entry and minimize diversion N.2.g
Packet Pg. 293
436
4 TESTING LABORATORIES
Summary of Best Practices:

1. Require testing labs to observe all the mitigation measures listed for the other licensees, particularly with regard to odor control, waste disposal, and routine maintenance of interior and exterior of facility

2. Require a robust security and inventory tracking system to facilitate chain of custody; review and approve plan as part of building permit process

3. Require periodic submittal of documentation for verification of lab’s compliance with state standards for testing equipment, specifically in regard to cleaning and calibration

4. Submittal of verification data for compliance with track-and-trace; chain of custody procedures

5. Allow in Light Industrial and Manufacturing zones.

6. State law prohibits locating within 600 ft of sensitive receptor (schools, day cares, youth centers, parks); consider expanding buffer

7. Require testing lab to be designated as a limited access facility, preventing visitor, contractors or non-employees from entering; consider security escort plan

8. Require a secured room plan; approve the safe, vault or secured room prior to issuance of license and prior to building permit issuance

9. Inspect the safe, vault or secured room prior to issuance of license

10. Require that all employees be subject to a criminal background check N.2.g
Packet Pg. 294
437
October 2, 2018
Cannabis Land Use Options
Kathleen Mallory
Planning & Environmental Services Manager
Development Services Department
438
2 BACKGROUND Cannabis Land Use Options
• November 8, 2016 - Adult Use Medical Act
(AUMU) passed
• April 3, 2018 – Council adopted ordinance
banning cannabis use; and allowing delivery of
medical cannabis within City
• June 5, 2018 – Council approved placing a
cannabis tax on November 2018 General
Election ballot
439
• June 26, 2018 - Council study session evaluated
cannabis uses to be permitted in the City
• June 2018 – Fiscal analysis study prepared by
HdL presented; Council discussed and provided
feedback regarding Retail Dispensaries (medical
and non-medical), Manufacturing, Distribution,
Testing Laboratories, and Cultivation cannabis
uses
BACKGROUND (continued) Cannabis Land Use Options
3 440
4 BACKGROUND (continued) Cannabis Land Use Options
• June 2018 Council staff report evaluated feasibility of various cannabis business types and number of these uses
• Since June evaluation of state law, City land use regulations, zoning, and best practice
• Identification of approach and potential cannabis areas 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
441
5 SITING CRITERIA Cannabis Land Use Options
• Per State regulations, any cannabis use cannot be located closer than 600-feet (“buffer”) from a sensitive use.
• Sensitive use is a public/private or charter K-12 school, commercial day care center (not family day care), youth center, or public park
• Measurement is parcel line to parcel line
• Jurisdiction can reduce and expand buffer if codified in a local ordinance
• Per State law a “buffer” from a residential use to a “cannabis use” is NOT required
442
6 OVERVIEW OF MAPS Cannabis Land Use Options
• Maps on the following slides identify potential cannabis locations; implements 600-foot State buffer requirement • Identify retail locations by shopping center and stand alone commercial parcels which meet the definition of feasible commercial parcels
• Commonalities and best practices with cannabis distribution, manufacturing, and testing/laboratories supports analysis as one group
• Retail and cannabis cultivation uses evaluated
independently
443
7 Cannabis Land Use Options
444
8 Cannabis Land Use Options
445
9 Cannabis Land Use Options
446
10 Cannabis Land Use Options
447
11 Cannabis Land Use Options
448
12 Cannabis Land Use Options
449
13 Cannabis Land Use Options
450
14 RETAIL NEXT STEPS Cannabis Land Use Options
If Council supports dispensaries, staff will begin a 6-month period of community engagement:
• Meet with Neighborhood Council’s
• Review best practices, quantitative and semi-quantitative buffer provisions and solicit input on these
• Discuss particular neighborhood concerns with
Neighborhood Council
• Meet with interested operators and solicit input
• Summarize input, findings, and develop
recommendations to bring to Council
451
15 OVERALL TIME FRAME Cannabis Land Use Options
If supported by Council:
• Manufacturing, Distribution, and Testing/Laboratory
Ordinance (Estimated 4 months)
• Cultivation Ordinance (Estimated 8-12 months)
• Retail Dispensary Ordinance – Conduct community
engagement (Estimated 6 months); and report back to
Council (Estimated 6-9 months)
452
16 RECOMMENDATION Cannabis Land Use Options
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 potential dispensary locations in the City of Oxnard.
453
EXHIBIT 4
454
INCO Presentation – July 10, 2019
Retail Dispensaries
Cannabis
Kathleen Mallory
Planning & Sustainability Manager
Community Development Department
455

BACKGROUND
• June 26, 2018 - Council study session evaluated
cannabis uses in the City. City could support 8 to 18 retail dispensaries
• October 18, 2018 – Potential siting options presented. “Go Slow” approach implemented; maximum of 8 retail
dispensaries within City
• INCO - Jan. 9, 2019 regarding manufacturing, testing, and distribution of cannabis
• INCO - April 3, 2019 regarding dispensaries
• Council adoption of cannabis M, T, and D Ord. effective July 19, 2019. Applications available – est. early August • July 2, 2019 – City Council report on fees; July 30th estimate adoption
2 456

PERMIT PROCESS

1. Commercial cannabis business application review, and ranking

2. Interview and second ranking; review based upon evaluation criteria which will be developed through the City Manager’s office

3. Final approval and allowance to submit an application for a Commercial Cannabis Business Permit (allowance to submit an application for a Special Use Permit/Development Design Review)

4. Submittal of a SUP or DDR
3 457

CANNABIS PROCESSING STEPS
• Permit process the same regardless of type of cannabis business
• Requirements and vetting of applications through a competitive multi-step process
• Ensures City received most viable and desirable cannabis businesses
• Applications and fee payments required for each step in the permitting process; must receive favorable recommendation to advance through the permit process
4 458

OVERVIEW OF MAPS
• Maps on the following slides identify potential cannabis locations; implements 600-foot State buffer requirement • Identify retail locations by shopping center and stand alone commercial parcels which meet the definition of feasible commercial parcels
• Expanded maps from April 2019 presentation; relooked at parcels and feasible sites with consideration to best practices and lessons learned in Port Hueneme
5 459

SITING CRITERIA
• Per State regulations, any cannabis use cannot be located closer than 600-feet (“buffer”) from a sensitive use.
• Sensitive use is a public/private or charter K-12 school, commercial day care center (not family day care), youth center, or public park
• Measurement is parcel line to parcel line
• Jurisdiction can reduce and expand buffer if codified in a local ordinance
• Per State law a “buffer” from a residential use to a “cannabis use” is NOT required
6 460
7 Cannabis Land Use Options
7 461
8 OVERVIEW OF MAPS Cannabis Land Use Options
8 462
9 OVERVIEW OF MAPS Cannabis Land Use Options
9 463
10 OVERVIEW OF MAPS Cannabis Land Use Options
10 464
11 OVERVIEW OF MAPS Cannabis Land Use Options
11 465
12 OVERVIEW OF MAPS Cannabis Land Use Options
12 466
13 OVERVIEW OF MAPS Cannabis Land Use Options
13 467
14 OVERVIEW OF MAPS Cannabis Land Use Options
14 468
15 OVERVIEW OF MAPS Cannabis Land Use Options
15 469
16 OVERVIEW OF MAPS Cannabis Land Use Options
16 470
17 471
18 472
19 473
20 474
21 475
22 476
23 477
24 478
25479
26480
27 481

BEST PRACTICES
• On-site security personnel required
• Plan for community benefits (donations to nonprofits, community organizations)
• Emergency response plan required (fires, robberies,
evacuations)
• Alarm system and yearly inspections required
• First responder access (emergency access)
• Cash handling plan required
28 482
BEST PRACTICES (continued)
• Submittal of verification data (track and trace)
• Inventory control to include regular checks
• Surveillance cameras (monitor entire site)
• Siting in commercial zones
• Inventory secured when business is closed
• Ongoing training for all employees
• Limited inventory on display
• Employees subject to background check
• All inventory and sales reconciled each day
• Consideration to neighborhood compatibility – noise,
traffic/parking
• Outreach and training materials – Council to consider requiring 29 483

NEXT STEPS
• Retail Dispensary Ordinance out for public review on July 20th • Planning Commission consideration of draft Retail Dispensary Ordinance Aug. 15, 2019
• City Council consideration of draft Retail Dispensary Ordinance Sept. 17, 2019
30 484
Thank you
• Contact: Kathleen Mallory
[email protected]
• www.oxnard.org/planning/cannabis
• (805) 385-7858
31 485
32 OVERVIEW OF MAPS Cannabis Land Use Options
32 486
33 487
34488
35489

SHOPPING CENTERS
Benefits to locating dispensaries within shopping centers (compared to stand alone parcels not within a center):
• Easier to regulate businesses in the same location
• Land use compatibility
• Easier for police to monitor
• Site visits to one location easier for regulators
• Convenient for businesses /collaborative management
• Effective regulatory tool if only one outlet allowed per site
36 490

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE APPEAL AND OVERTURNING THE PLANNING
COMMISSION DENIAL OF 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. FILED BY KRISTINE BYERS, 2801 B STREET UNIT 161, SAN DIEGO, CA 92101 ON BEHALF OF TD ENTERPRISES, LLC., DBA OXNARD HOLISTICS.

WHEREAS, on August 23 2021, Kristine Byers (the “Applicant”), submitted 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 located at 1015 Harbor Boulevard (APN: 191-0-075-015) 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 (collectively, the “Project”); and
WHEREAS, on January 13, 2022, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing, received public testimony, 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 through 16-553 of the Oxnard City Code; and
WHEREAS, on January 13, 2022, the Planning Commission also reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information; and
WHEREAS, on January 13, 2022, the Planning Commission voted on two motions and failed to approve or deny Planning and Zoning Permit No. 21-516-24. The first was a motion to Approve the project as submitted as the Resolution included all of the required Special Use Permit Findings found in OCC Section 16-531, and the second motion was a Motion of Intent to Deny the project as Findings 2 (general welfare) and 4 (highway - incompatibility) could not be made. Both of these motions failed as a result of two consecutive tie votes (3 to 3, with one Commissioner recused) without any possibility to break the tie votes. Based upon the failure by the Planning Commission to either approve or deny the Special Use Permit- Cannabis Retail, 491
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 2 of 38 ends

legal counsel ruled that – for due process purposes – the inaction by the Planning Commission would be deemed a denial; and
WHEREAS, on January 20, 2022, the Appellant filed a timely Appeal application with the City of the decision of the Planning Commission’s denial of Planning and Zoning Permit No. 21-516-24 within 18 days after the Planning Commission action pursuant to Sections 16-544 and 16-545 of the Oxnard City Code (“OCC”); and
WHEREAS, on February 15, 2022, the City Council conducted a duly noticed public hearing to consider the Appellant’s Appeal of the Planning Commission’s Denial of Planning and Zoning Permit No. 21-516-24 (Special Use Permit) in accordance with Oxnard City Code Sections 16-530 through 16-553 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 requiring discretionary approval would be analyzed with the 2030 General Plan, Local Coastal Program, and the Oxnard City Code for consistency and CEQA 492
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 3 of 38 ends

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, on February 15, 2022, the City Council also reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information; and
493
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 4 of 38 ends

WHEREAS, on February 15, 2022, the City Council deliberated the merits of the Project and Appeal and made a motion to Approve the Appeal and overturn the Planning Commission’s Denial of Planning and Zoning Permit No. 21-516-24 finding that the Appellant has provided substantial evidence to support the Appeal.

WHEREAS, the proposed project is consistent with the following:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 FINDINGS AND CONDITIONS:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council and Planning Commission Staff Reports and all attachments thereto, the City Council 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. 494
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 5 of 38 ends

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 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 Salinas 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 495
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 6 of 38 ends

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 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.
496
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 7 of 38 ends

SECTION 2. The City Council, 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 City Council 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 hereby authorized 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, the City Council hereby approves the Appeal of the Planning Commission’s denial and overturns the Planning Commission’s denial of Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Business Retail Special Use Permit), subject to the attached conditions of approval.

SECTION 4. The decision of the City Council shall be final.

SECTION 5. The City Clerk shall certify the adoption of this Resolution. 497
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 8 of 38 ends

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 February 15, 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 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)
498
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 9 of 38 ends

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.

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).
499
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 10 of 38 ends

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)

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.
500
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 11 of 38 ends

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).

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) 501
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 12 of 38 ends

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 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 502
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 13 of 38 ends

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.

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 permittee 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 503
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 14 of 38 ends

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.

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.
504
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 15 of 38 ends

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 (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) 505
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 16 of 38 ends

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.

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. 506
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 17 of 38 ends

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.

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. 507
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 18 of 38 ends

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.

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 508
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 19 of 38 ends

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, 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 509
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 20 of 38 ends

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.

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 510
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 21 of 38 ends

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.

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. 511
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 22 of 38 ends

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 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
512
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 23 of 38 ends

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 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.
513
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 24 of 38 ends

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.
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. 514
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 25 of 38 ends

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.

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. 515
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 26 of 38 ends

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.

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. 516
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 27 of 38 ends

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.
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.
517
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 28 of 38 ends

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 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 518
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 29 of 38 ends

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 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. 519
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 30 of 38 ends

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.

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.
520
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 31 of 38 ends

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. 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.
521
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 32 of 38 ends

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.
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.
522
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 33 of 38 ends

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.

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) 523
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 34 of 38 ends

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.

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) 524
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 35 of 38 ends

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)
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.
525
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 36 of 38 ends

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.

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)
526
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 37 of 38 ends

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)
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)
//
//
//
//
//
//
//
//
//
//
527
Resolution No. ______
PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit) City Council Hearing Date: February 15, 2022

Page 38 of 38 ends

PASSED AND ADOPTED by the City Council of the City of Oxnard on the 15th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
__________________________________
John C. Zaragoza, Mayor
ATTEST:
_____________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
528
Appeal of the Planning Commission’s Denial of
Special Use Permit No. 21-516-24
for TD Enterprises, LLC
1015 Harbor Boulevard (APN: 191-0-075-015)
Jose Coyotl, Associate Planner
Scott Kolwitz, Planning & Environmental Services Manager Vyto Adomaitis, Community Development Director
Community Development Department
City Council
February 15, 2022
529
Project Location and Existing Conditions 2
Subject Site: 1015 Harbor Boulevard
Designations
General Plan: Visitor Serving Center
(VSC) and Zoning: Coastal
Neighborhood Commercial (CNC)
Surroundings
Uses
the site and
surrounding area
are Residential
Existing and VSC
and R-B-1, R-2-C,
R-3-C, and C-2
530
Site Plan 3
531
TD Enterprises Cannabis Permit Timeline 4
● On January 7, 2021, TD Enterprises, LLC. filed for a request to obtain a Commercial Cannabis Business Permit for a cannabis retail facility during the open application period for a competitive selection process. ● On March 1, 2021, the City Manager approved a list of 13 retail cannabis applicants and three local equity applicants that were invited to apply for a Special Use Permit at specific locations based on the competitive selection process.
○ TD Enterprises, LLC was invited to apply for a Special Use Permit. ○ In order to successfully commence and inaugurate the Commercial Cannabis Business Permit, TD Enterprises, LLC is required to receive approval of a SUP as specified within OCC Section 11-457. ● On January 13, 2022, the Planning Commission failed to approve or deny PZ No. 21-516-24, a request by TD Enterprises, LLC to operate a commercial cannabis retail facility at 1015 Harbor Boulevard within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building.
532
Background: Planning Commission Hearings 5
January 13, 2022:
• Public hearing held to consider Planning & Zoning Permit No. 21-516-24 requesting approval of a Special Use Permit.
• Staff recommended approval.
• At the public hearing, the Commission heard public testimony.

Approximately 75-minutes of public verbal testimony was also provided by 25 individuals.
○ Verbal comments received from 16 of the 25 individuals can generally be summarized as being supportive of the request. ○ Verbal comments from 9 of the 25 individuals can generally be summarized as postponing their comments to the continued hearing date.
533
Background: Planning Commission Hearings
January 13, 2022:
• Following the public testimony and deliberations, the Commission voted twice which both failed as a result of two tie votes (3 to 3 with one Commissioner recused). • The first was a motion to Approve the project as submitted. • The second motion was a Motion of Intent to Deny the project as Findings 2 (general welfare) and 4 (highway - incompatibility) could not be made. • Based upon the failure by the Planning Commission to either approve or deny the Special Use Permit- Cannabis Retail, legal counsel ruled that – for due process purposes – the inaction by the Planning Commission would be deemed a denial.

January 20, 2022
• The Appellant filed a timely Appeal application with the City.

January 28, 2022
• The Appellant submitted a supplemental letter to the City. 6 534
Summary of the Appeal
The Appellant filed an appeal with nine grounds of appeal:
1) The Project satisfies the required SUP Findings,
2) The Project meets all applicable zoning requirements, 3) The Project is appropriately conditioned to address community concerns, 4) The Planning Commission improperly denied the Project, 5) Concerns regarding environmental and traffic issues have been addressed, 6) TD Enterprises has undertaken substantial efforts to engage with community stakeholders, 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 alliance of commercial cannabis retail businesses in the City, including on the Site.
7 535
Appellant’s Grounds of Appeal 1-2 and Staff Responses
Ground of Appeal 1: “As demonstrated by the record and Planning staff’s recommendation, 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”
Staff Response:

1. Staff agrees with the Appellant. The project met the required SUP Findings.

2. The project included 188 conditions of approval to ensure operational standards were met.

Ground of Appeal 2: “The Project meets all applicable zoning requirements for the proposed commercial cannabis retail business”
Staff Response:

1. Staff agrees with the Appellant.

2. The project met the required zoning and licensing requirements. 8 536
Appellant’s Grounds of Appeal 3 and Staff Responses
Grounds of Appeal 3: “The Project is appropriately conditioned, as recommended by Planning staff, to address community concerns regarding the operation of the Project near residential neighborhoods”
Staff Response:

1. Staff agrees with the Appellant.

2. The project included 188 conditions of approval so the project would meet cannabis retail operational standards.

3. The project met the required zoning and licensing requirements.

4. The project is consistent with buffers from sensitive uses. 9 537
Appellant’s Grounds of Appeal 4 and Staff Responses
Grounds of Appeal 4: “The CPC [Planning Commission] improperly denied the Project based on conclusions that are inconsistent with evidence in the record, against the recommendation 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”
Staff Response:

1. Staff disagrees with the Appellant.

2. A majority of Commissioners did not make specific conclusions or findings regarding the Project.

3. Based upon the failure by the Planning Commission to either approve or deny the SUP, legal counsel ruled - for due process purposes - the inaction would be deemed a denial.
10 538
Appellant’s Grounds of Appeal 5 and Staff Responses
Grounds of Appeal 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”
Staff Response:

1. Staff agrees with the Appellant.

2. The CEQA Categorical Exemption (Existing Facilities) and Section 15300.2 (Exception to the Exemptions) apply to this project.

3. The Project results in “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination”

4. The project request will not increase the square footage of the existing building.

5. The project is currently served by existing infrastructure. 11 539
Appellant’s Grounds of Appeal 6 and Staff Responses
Grounds of Appeal 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”
Staff Response:

Staff can confirm the Appellant engaged in public outreach both through and outside the City’s formal public outreach process.
1) Community Workshop
a) Developer mailed out 3,330 meeting agenda notices to the residents of Oxnard Shores and Oxnard Dunes.
b) 28 community members joined the meeting; 12 comments provided. c) The Community Workshop’s Questions and Answer process with the TD Enterprise and community members lasted approximately 2 hours and 25 minutes.
2) Planning Commission
a) Hearing lasted approximately 3 Hours and 15 minutes.

Outside the City’s formal public outreach process

1. TD Enterprises, LLC. sent out mailers to the community

2. Provided an informational open house at Embassy Suites on November 4, 2021. 12 540
Appellant’s Grounds of Appeal 7 and Staff Responses
Grounds of Appeal 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” Staff Response:
1) OCC Section 11-450 et. seq. do not authorize retail cannabis dispensaries at specific locations.
2) Instead, City cannabis regulations identify areas in which cannabis retail dispensaries are conceptually permitted, based on
a) land use siting criteria,
b) buffer requirements,
c) competitive selection process, and requiring a SUP to be approved by the Planning Commission or the City Council (if the Planning Commission’s approval or denial of the special use permit is appealed). 13 541
Recommendation
That the City Council:

1. Conduct a public hearing;

2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities); and

3. Adopt a Resolution Approving the Appeal and overturning the Planning Commission’s Denial of Planning and Zoning Permit No. 21-516-24 (Special Use Permit- Cannabis Retail), subject to certain conditions and findings.
14 542
End of Presentation
543

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2
DATE: February 15, 2022
TO: City Council
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected] SUBJECT: Vineyard Starbucks Site Renovations Appeal. (10/15/15)

RECOMMENDATION
That the City Council:

1. Conduct a public hearing:

2. Find the Project to be Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”); and

3. Adopt a Resolution denying the Appeal and upholding the Planning Commission’s Denial of Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)), because the record does not contain the evidence necessary to make all of the Findings required by Oxnard City Code Section 16-531 in order to grant a Special Use Permit.
(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/axNLuO3Q8G0

BACKGROUND
EXECUTIVE SUMMARY:

On January 13, 2022, the Planning Commission (“Commission”) denied Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)), a request by the Applicant to make modifications to an existing 2,450 square-foot drive-through fast food restaurant building to allow for a Starbucks drive-through coffee shop on a 0.66 acre site within the General Commercial-Planned Development (C-2-PD) zone (Attachments A & B). The is located at 2551 North Vineyard Avenue (APN: 132-0-043-215).

On January 19, 2022, a timely Appeal application was filed on behalf of the property owner, Friedrich Family Limited Partnership with the City (Attachment C). The Applicant and Appellant are one and the same, and they will be referred to as the “Appellant” throughout the remainder of this staff report. The Appellant submitted a supplemental letter on January 27, 2022 (Attachment D). The Appellant seeks City Council review of the Planning Commission's decision.

Staff recommends the City Council adopt a Resolution to deny the Appeal and uphold the Commission’s denial as there is no merit to the Appellant's Grounds of Appeal as described below in the Analysis and Discussion section of this staff report (Attachment E).

Denial of the Appeal would keep the site in its existing configuration and would not allow for the proposed operation of the Starbucks drive-through coffee shop.
544
For the benefit of the Council, this staff report provides 1) a brief background on the Major Modification permit process, 2) the specific elements that are required to grant the requested Special Use Permit and a summary of the Findings which were made, 3) a summary of the Appeal, and 4) a discussion of the review and hearing process before the City Council.

BACKGROUND:

Major Modification Regulations
Section 16-561 of the OCC allows for Major Modifications to Special Use Permits. Major Modifications are those that involve substantial increases in coverage, major additions to the buildings or structures, creation of extra parking needs, traffic or other site problems. A Major Modification is processed in the same manner as a new Special Use Permit and must meet all of the same required findings. As with Special Use Permits, the Planning Commission is the decision maker on Major Modifications.

Required Findings to Grant a Special Use Permit
Pursuant to OCC Section 16-531, in order to grant a Special Use Permit, or a Major Modification, the following findings must be made:
(1) The proposed use is in conformance with the General Plan and other adopted policies of the City of Oxnard. (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 the adjacent uses, buildings or structures or to the public health, safety or general welfare. (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).
(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. (5) The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.

Major Modification to U-916 (Special Use Permit)
On October 21, 2021, the Commission held a public hearing to consider Planning & Zoning Permit No. 21-550-01 requesting approval of a Major Modification (MJMD). The project scope involved modifications to an existing 2,450 square-foot drive-through fast food restaurant building to allow for a Starbucks drive-through coffee shop on a 0.66 acre site. The proposed project is located at 2551 North Vineyard Avenue (APN: 132-0-043-215) within the 2030 General Plan land use designation of Commercial General and is zoned General Commercial-Planned Development (C-2-PD) in the City of Oxnard. Staff originally presented the project to the Commission with a recommendation for approval (Attachment 1).

On October 21, 2021, the Commission made a motion to continue the Project to the Commission’s meeting on November 4, 2021, at the request of the applicant.

On November 4, 2021, the Commission reviewed all of the information provided in the staff report and received a presentation from Starbucks representatives, as well as other pertinent information, and deliberated the merits of the Project. No verbal or written public comments were provided before or during the public comment period of the hearing.

Following the applicant's presentation and deliberations, the Commission voted on three motions. The first two motions were a Motion of Intent to Deny the project and a motion to Approve the project. These two motions failed as a result of two tie votes (3 to 3, with one Planning Commissioner absent). A third motion was approved to continue the item to the Commission's meeting on December 2, 2021.
545
On December 2, 2021, all seven members of the Planning Commission were present. The Commissioner who was not present on November 4 confirmed he reviewed the staff materials and watched the video of the Commission’s November 4 meeting. The Commission provided an opportunity for public testimony, deliberated, and made a Motion of Intent to Deny the project as they could not make all of the Findings required to grant the Major Modification; however, a Resolution for denial was not available. Therefore, the Commission continued the project to January 13, 2022, to ratify the directed action.

On January 13, 2022, the Commission voted 4-3, to adopt Resolution 2022-02 to deny the project (Attachment B).

Pursuant to Sections 16-544 and 16-545 of the Oxnard City Code (“OCC”), the action of the Planning Commission is final unless an appeal application to the City Council is filed within 18 days after the action date.

On January 19, 2022, the Appellant filed a timely Appeal application with the City (Attachment C), and the Appellant submitted a supplemental letter on January 27, 2022 (Attachment D). The supplemental letter did not raise any additional Appeal items but provided additional narrative to their Appeal application.

ANALYSIS/DISCUSSION:

The Appellant has appealed the decision of the Commission primarily because the Appellant believes Findings can be made to approve the Project. The Appellant's five grounds of appeal are noted below, verbatim, with staff’s response following each ground of appeal:

Ground of Appeal 1: “This project, Starbucks at Vineyard/RiverPark, meets all of the Requirements of the Zoning Code and the General Plan.”
Staff Response:

This is incorrect. As discussed in the Commission staff report and presented to the Commission, the Project fails to meet three requirements of the Oxnard City Code (OCC).
1) The Project as designed does not provide the required 50 parking spaces. 2) The proposed parking does not meet the required standard parking space dimensions. 3) The project does not provide a designated loading space, which is required for all restaurants.

As a result, the Project included a request for an administrative parking relief to allow for two modifications:
1) Allow for a decrease in the number of required parking spaces from 50 parking spaces to 35 parking spaces, including 15 spaces which were to be provided via the drive-through queue, and 2) to allow for 11 of the required parking spaces to be compact parking spaces.

In addition to the two administrative parking relief requests, the Project included a request to modify the loading space requirement, to allow for loading to occur in the designated parking spaces, as opposed to providing a separate loading zone.

While the OCC does allow for modifications to these requirements, the discretion to grant or deny each of the modifications is provided to the Commission. Therefore, without Commission approval of the three modifications, the Project does not meet all of the requirements of the OCC.

With respect to compliance with the 2030 General Plan, the existing development fails to provide a 30 foot landscaped buffer along the designated scenic corridor (North Vineyard Avenue). This is considered to be a “legal nonconforming” existing condition. The proposed Project did not increase the non-conformity, rather the Project provided additional landscaping and improvements to mitigate the reduced buffer width; however, the Project did not provide the full 30 feet buffer.

In conclusion, the Commission was not able to grant the administrative parking relief modifications, and could not make the required Findings necessary to grant a Special Use Permit. 546
Ground of Appeal 2: “We have been working with Planning Staff for the last 18 months to get the proposed project to a point that met the City’s standards and requirements.”
Staff Response:

While City Staff did have preliminary conversations with the applicant team, including an initial request to allow for a Minor Modification, the formal application for the Major Modification was submitted on February 12, 2021. The time of the initial submission to the first scheduled hearing was approximately eight months. However, staff acknowledges that City staff, including members of the City’s Development Advisory Committee, worked through an iterative process with the Applicant team to explore both alternate site designs and parking / queue management strategies. This included multiple reviews by the City team, time for the applicant to revise and resubmit submittal materials and study project alternatives, and the required Community Workshop. Ultimately, the iterative approach resulted in a Project that staff could provide an approval recommendation to the Commission.

As further discussed in the Commission Staff Report, due to the operational characteristics of existing Starbucks drivethrough coffee shops operating in the City of Oxnard and beyond, City staff was concerned about traffic circulation both onsite and in the public right-of-way given the potential increase in the drive-through demand associated with the proposed Starbucks restaurant and inadequate vehicular queueing based on the existing configuration. As a result, multiple design alternatives were explored in coordination with various City departments, including Planning, Building and Engineering, Traffic, Fire, and Police. These conversations resulted in a reconfiguration of the proposed drivethrough lane which was redesigned to run along the perimeter of the site, to allow for a longer queue.

The Permit Streamlining Act provides timelines for processing quasi-judicial discretionary Projects, which effectively guarantees an opportunity for a public hearing in which decision makers may decide whether to approve or deny a Project within six months of an application being deemed complete. The Project was deemed complete once the Project design stopped changing (as it was found to be acceptable to both the applicant and City staff), and it was immediately scheduled for a public hearing on the next available Commission agenda, which occurred well within the statutory sixmonth timeframe.

In conclusion, the application was processed in a timely manner consistent with the Permit Streamlining Act. None of the Commission required Findings necessary to grant a Special Use Permit relating to processing timelines.

Ground of Appeal 3: “The denial by the Planning Commission was based on personal biases.” Staff Response:

The Appeal application fails to provide any evidence to support this claim, and therefore lacks any grounds to make this claim. As supported by the record, the Appellant's assertion that the denial was based on personal bias is incorrect. The Commission formulated their reasoning for their decision to Deny the project based on the inability to make three specific Findings based on substantial evidence and testimony as documented within Planning Commission Resolution 2022-02.

The Commission could not make the second Finding, because they found the proposed Project would adversely affect and be materially detrimental to the public health, safety or general welfare due to the potential for cars entering into the Project site to back up onto the public right-of-way, thus adversely affecting the adjacent roadways and the East Vineyard Avenue and RiverPark Boulevard intersection, one of the busiest intersections in the City.

The Commission could not make the third Finding, because they found the site is not adequate in size and shape to accommodate the parking and loading facilities required pursuant to the Oxnard City Code.

The Commission could not make the fourth Finding, because they found the Project would create or significantly aggravate traffic problems on the adjacent roadways and intersections, which will have a direct and adverse impact on the adjacent highways (US 101 and CA 232). Each of the Commission’s reasoned conclusions are further detailed in Planning Commission Resolution 2022-02 (Attachment B).

Also, any assertion that the Commission is biased against Starbucks or other drive-through facilities is not supported by 547
facts. At the following Commission hearing, held on January 20, 2022, the same Commissioners voted unanimously (with one member absent) to approve two other drive-through facilities, including a Starbucks coffee shop at 1720 Ventura Boulevard, as they could make the required Findings for approval for those specific projects. In addition to this recent approval, the City has a history of approving drive-through Starbucks coffee shops, where the Commission has found them to be appropriate and in compliance with the required Findings.

In conclusion, the Commission’s decision was the result of a deliberative process, and as one body the Commission voted to Deny the project with a split 4-3 vote.

Ground of Appeal 4: “The site has been used as a Drive-Thru restaurant for many years.” Staff Response:

While it is true that the existing site has been developed and operated as a drive-through since the 1980s, the Appellant’s implication is that there would be no impacts with the proposed Starbucks compared to the existing operations. That implication is incorrect as the existing and proposed operational characteristics are not equivalent.

Based on known operational characteristics of existing Starbucks drive-through coffee shops operating in the City of Oxnard and beyond, as well as parking and queueing data provided by the Appellant, the Project would significantly increase demand at this site. Based on information proved by the Appellant, the morning drive-through demand during the morning peak times would range from 10-18 vehicles, far exceeding the existing five vehicle queue length. Given the anticipated increase in the drive-through demand associated with the proposed Starbucks coffee shop, the existing configuration resulted in inadequate vehicular queueing based for the Project. As a result, City staff was concerned about traffic circulation both onsite and in the public right-of-way, which could collectively potentially interfere or block the adjacent street system and the intersection of North Vineyard Avenue/RiverPark Boulevard. Therefore, there is clear evidence that the proposed Project would result in a significant intensification of the drive-through use onsite compared to the existing operations.

In conclusion, the Commission found the proposed operational characteristics were different from the existing operational characteristics, and, for the reasons provided in Planning Commission Resolution 2022-02 (Attachment B), the Commission could not make all of the required findings. This statement fails to address or dispute the findings.

Ground of Appeal 5: “This project would enhance the site with a new facade, new landscaping, better site design for the trash enclosure and drainage, new fire apparatus (safer for consumers) and is EXCEEDING the amount of queueing spaces 3X the required amount.”
Staff Response:

The Commission acknowledged the physical improvements to the site that would be undertaken as part of the Project would enhance the aesthetics of the site, and result in improved site conditions with respect to the trash enclosure, drainage, and fire improvements. However, for the reasons provided in Planning Commission Resolution 2022-02 (Attachment B), the Commission could not make all of the required findings. This statement fails to address or dispute the Findings for denial.

With respect to the Project “EXCEEDING the amount of queueing spaces 3X the required amount”, the Project as designed provided sixteen (16) queuing spaces. The OCC requires a minimum of eight (8) stacking (queuing) spaces. So, while the project does exceed the minimum number of queuing spaces, it does not provide three times the spaces. Also, while OCC does have a code requirement of only 8 stacking (queuing) spaces, in order to make the Findings required for approval, each individual project must show that sufficient stacking is available to meet the project's demand. Therefore, on a project-by-project basis, additional stacking may be required to ensure the project will not have an adverse impact on adjacent uses, buildings or structures or to the public health, safety or general welfare.

Appeal Review and Hearing Process Before the City Council Pursuant to OCC Section 16-548, the City Council is provided with Review and Hearing Procedures and Quorum standards.
548
(A) A review of an Appeal from a decision of the Commission may be heard de novo. (B) On hearing the review or Appeal, the City Council shall primarily consider the issues raised by the grounds specified in the notice of review or Appeal, but shall not be restricted thereto. (C) The City Council may promulgate additional rules of procedure for review or Appeal hearings. (D) Rules governing evidence and procedure relating to review and Appeal hearings shall be liberally construed to effect enlightened consideration and determination by the City Council.

Staff highlights that per the above procedures, the City Council is primarily to consider the issues raised by the grounds specified in the notice of review or Appeal, but the City Council is not restricted to those issues.

Conclusion:

The Appellant requests the Commission’s denial of the Project be overturned based on the five appeal grounds.

Based on the above Analysis/Discussion Section, Staff’s responses collectively demonstrate the Appeal lacks merit, and the Commission’s determination on January 13, 2022 should remain unchanged. Thus, staff recommends that the City Council find there is no merit to the Appellant’s Grounds of Appeal, and the Appeal should not overturn the decision of the Commission to deny the Project. Furthermore, the City council staff report, attachments, and the specific Findings outlined in the City Council Resolution (Attachment E) provide substantial evidence in the record for the City Council to conclude that not all of the required Special Use Permit Findings found in OCC Section 16-531 have been made. Staff believes the required Findings are well documented and the City Council is in a position to deny the requested Special Use Permit.

Thus, staff recommends that City Council Find there is no merit to the Appellant’s Grounds of Appeal, deny the Appeal and uphold the decision of the Planning Commission to Deny the project with the specific Findings outlined in the Resolution (Attachment E). Pursuant to OCC Section 16-551, the decision of the City Council is final.

STRATEGIC PRIORITIES
This agenda item is a routine operational item and does not relate to the four strategic plans adopted by City Council on May 17, 2016.

FINANCIAL IMPACT
Denial of this request would retain the status quo of the project site, and consequently, there is no financial impact to the City’s General Fund.

COMMITTEE OUTCOME
This item is a public hearing and was heard by the Planning Commission; therefore, this item did not originate in Committee.

Prepared by: Scott Kolwitz, Planning Manager

ATTACHMENTS

1. Attachment A . Planning Commission Staff Reports and memos dated 10/21/21, 11/4/21, 12/2/21 and 1/13/22

2. Attachment B - Planning Commission Denial Resolution 2022-02.docx

3. Attachment C - Appeal Application

4. Attachment D - Starbucks Vineyard Appeal Letter

5. Attachment E - Draft CC Resolution #_______.docx.pdf

6. Attachment F PZ No. 21-550-01 Appeal Presentation CC Completed 549

PLANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Joe Pearson II, Senior Planner
DATE: October 21, 2021
SUBJECT: Project Name: Vineyard Starbucks Site Renovations; Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)); 2551 North Vineyard Avenue; APN: 132-0-043-215
1) Recommendation: That the Planning Commission (“Commission”):
a) Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities); and
b) Adopt Resolution 2021-XX approving Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)), subject to certain findings and conditions.
2) Project Description and Applicant: The project includes modifications to an existing 2,450 square-foot drive through fast food restaurant building and to allow for a Starbucks coffee shop on a 0.66 acre site. The proposed improvements will consist of a series of site changes to convert the existing Wendy’s restaurant drive-through restaurant into a Starbucks drive-through coffee shop. The changes include a small 50 square-foot addition to allow for the relocation of the drive-through pick-up window. The resulting building will be 2,500 square feet. The exterior of the building will be renovated with new colors and materials which will consist of tan stucco and a bronze metal roof, with a weathered copper siding.

The site layout will be reconfigured to allow for a larger vehicle queue. The revised drive-through lane will increase the queuing capacity from 5 vehicles to 16 vehicles. The project includes a Transportation Demand Management Plan.

Other changes include revised signage, upgraded landscaping, and new parking lot striping.

A request for an administrative parking relief is also be requested to allow for two modifications: 1) Allow for a decrease in the number required parking spaces from 50 parking spaces to 35 parking spaces, including 15 spaces which are provided via the drive-through queue, and 2) allow for 11 of the required parking spaces to be compact parking spaces. The Project site is located at 2551 North Vineyard Avenue (APN:
550
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 2 of 11 ends

132-0-043-215) within the General Commercial Planned Development (C-2-PD) zone district and within the Commercial General land use designation (Attachment A). For purposes of this staff report, the foregoing Project Description shall be referred to as the “Project”. Filed by Beverly Metz, of Starbucks, 555 Anton Boulevard, Costa Mesa, CA 92626 (the “Applicant”).

Please see the reduced Project plans (Attachment B) for more details. 3) Existing & Surrounding Land Uses: The Project site is currently developed with the existing Wendy’s drive-through restaurant and associated infrastructure improvements. The Project is located in the El Rio West neighborhood. The following table lists and identifies the General Plan Land Use Designations, Zoning Designations, and existing land uses of the Project site and properties immediately adjacent to the site, which are also illustrated in Attachment A:

LOCATION GENERAL PLAN ZONING EXISTING LAND USE
Project Site Commercial
General
General Commercial
Planned Development
(C-2-PD)
Fast Food Restaurant (Wendys)
North Residential Low
Single-Family Planned
Development
(R-1-PD)
Single Family
South Commercial
General
C-2-PD
Shopping Center
East Commercial
General
C-2-PD
Shopping Center
West
Commercial
Regional
Specific Plan
(RiverPark)
Fast Food Restaurant (McDonalds)
* Zoning consistent with the 2030 General Plan.
4) Background Information: The existing drive through restaurant and signage were approved in 1980, through a Special Use Permit. Since that time the site has generally remained unchanged, with only minor facade and landscape changes taking place. 5) Environmental Determination: In accordance with Section 15301, Class 1 (Existing Facilities) of the State California Environmental Quality Act (CEQA) Guidelines, 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 convert an existing drive-through fast food restaurant to another drive-through coffee shop. The small addition will only increase the building size by 50 square feet or approximately 2 percent, and will be within the existing developed area. Onsite circulation will be improved through the realignment of the drive-through lane and a 551
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 3 of 11 ends

Transportation Demand Management Plan will be implemented for the site to prevent vehicles from backing-up into adjacent roadways. As a result, this Project will not result in any significant effects relating to traffic, noise, or air quality. No Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. Therefore, staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the Planning Commission direct the Planning & Environmental Services manager to file the Notice of Exemption (Attachment C) with the Ventura County Clerk pursuant to Section 15062 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of the project. 6) Project Analysis:
a) General Discussion: As discussed below, the Project has been found to be consistent with both the 2030 General Plan and the Oxnard City Code (OCC).

The Planning Commission is the decision maker for Major Modifications pursuant to OCC §16-561(A). The modified Project is being processed with a Major Modification; therefore, the Planning Commission is the decision maker for the project. b) General Plan Consistency: The City’s 2030 General Plan land use designation for the subject site is Commercial General which allows restaurants (including drive-throughs), retail sales, and other similar uses. The existing drive-through restaurant and the proposed Project will allow for the continuation of these types of uses. As a result, the approval of this project has been determined to be consistent with the 2030 General Plan and the property’s land use designation.

Consistency with the 2030 General Plan is defined by the relationship between 2030 General Plan policies and the proposed Project. The three consistency classification levels are:

I. Direct Applicability to a Proposed Project or Program (full text of the policy and an explanation).

II. Related or Indirect Applicability to the Proposed Project or Program (policy title and an explanation for each or groups of related or indirectly related policies).

III. No or Distant Applicability to the Proposed Project or Program (all policies not listed as Level I and II are assumed to be consistent). 552
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 4 of 11 ends

POLICY LEVEL POLICY OR TITLE EXPLANATION
CD-1.2 II
In-fill development, priority to
mixed use
The Project site is within a developed area of the
City and qualifies as infill.

CD 4.2 &
CD 9.2
I
Commercial Revitalization
and Redevelopment
The development will improve an older
development near the 101-Freeway with a
renovated commercial building with a drive-through
and enhancements to the landscaped parking lot.

CD 9.4 I View Corridor Preservation
North Vineyard Avenue at this location is a
designated scenic corridor which requires a
landscaped buffer of at least 30 feet. The existing
parking lot is located within this 30-foot area and is
considered to be a “legal nonconforming” existing
condition. The drive-through queue will be located
within this 30-foot paved area, but paved areas will
be removed and additional landscaping is proposed
to be installed in the 30-foot area bringing the
project site more into compliance with this standard.

ER-10.1-
&
ICS-19.2
I
Promote use of Native and
Water Wise Plants and Water
Supply Findings for Smaller
Projects
The Project incorporates native and water wise
plants and is conditioned to comply with City’s
Landscape and Water Conservation Standards
(Ordinance No. 2822) and applicable water
conservation requirements of the State of California.

CD-5.2
SH-6.4
II Compatible Land Use
The proposed building is consistent with the
allowable Commercial General land uses and will be
compatible with adjacent uses as designed, and is
not anticipated to generate nuisances.

CD-15.6 II Share of regional taxable sales
The Project will allow for the renovation of an
existing building to allow for a new business, which
will generate retail tax sales revenue to the City.

CD-14.1
CD-14.2
II
Design review process
Development Advisory
Committee (DAC) functions
The Development Advisory Committee (DAC)
review process led to changes in the Project and/or
conditions of approval that meet these Level II
policies.

CD-18.1
CD-18.5
II
Attract new businesses
Increase the availability of
land for new businesses
The Project will allow for the renovation of an
existing building to allow for new businesses to
open.

All others III All policies not listed above No or Distant Applicability to the Proposed Project. c) Conformance with Zoning Development Standards: The proposed Project is located in the General Commercial Planned Development (C-2 PD) zoning district. Note that the Project has two front yard setbacks because the parcel is a corner lot. The Project is found consistent with the applicable development standards with the approval of the Major Modification (MJMD), to allow for an administrative parking relief under OCC 553
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 5 of 11 ends

16-651(B)(4), “Off-site parking” Decrease in required parking spaces and OCC 16-651(B)(3), “Compact parking spaces”.

C-2-PD “GENERAL COMMERCIAL PLANNED DEVELOPMENT” ZONE

DEVELOPMENT

STANDARD
REQUIREMENT PROPOSED COMPLIES?
Max. building height
(16-137 & 16-303)
2 stories at 35 ft. Additional stories
may be permitted as part of a SUP.

No Change, less than 35
feet
Yes
Front yard setback
(16-139)
10 ft from ultimate property line No Change, 15.16 ft Yes Side yard setback
(16-140)
Zero when abuts another C-2 zoned
lot.

No Change, 54.875 ft Yes
Rear yard setback
(16-141)
15 feet for buildings over 16 feet in
height
No Change, 81.08 ft Yes
Off-street parking:

Required (16-622)
Rounding (16-620)
Motorcycle (16-624)
Bicycle (16-623,
16-637)
Loading (16-644)
Parking Aisle
(16-639, Figure 5)
[ADA requirements
per State Title 24
Accessibility Code]
Administrative Relief
From Parking
Provisions (16-651)
Fast Food: 1 space per 50 gsf.
2,500 gsf =50 spaces
Special design requirements are
required if a drive- through facility is
proposed. Stacking credit in drive
through lane may count toward the
required parking at basis of one auto
per each 23 lineal feet of striped
stacking line. A maximum credit not
to exceed 30 percent of total
requirement or no more than 20
spaces may be applied for stacking
credit, whichever is less.

Bicycle (Five Spaces) = 5
Loading space for Hotels, motels, and
restaurants = 1 space, (12 ft x 40 ft).
16-644(B)(1), “Loading zone
requirements may be modified by the
planning commission… based on the
nature of the use…design
characteristics of the project.”
Aisle Width for 90
o parking = 25 ft
9 standard spaces + 11
compact spaces + Stacking
Credit of 15 Spaces = 35
Max of 15 spaces may be
counted toward stacking
credit.
6 spaces
No Change. Parking space
to be used for loading
during off hours.

Yes, subject to
approval of
administrative
relief from
parking.

Yes
Yes, subject to
Planning
Commission
approval
554
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 6 of 11 ends

Parking space sizes &
design:

Standard (16-636 &
16-638)
Motorcycle (16-638)
Loading (16-644)
Full Size: 9 ft W x 19 ft L
may overhang 2 ft over landscape if
planter min. 5 [16-616(C)]
Compact:8 ft Wx16 ft L; Max 25%
of spaces w/admin relief (50
(Required Spaces per OCC) x
.25 = 12.5 (maximum number
of compact spaces allowed)
Motorcycle: 4 ft W x 7 ft L
Loading: 12 ft W x 40 ft L (unless
alternative approval).

Standard Parking = 9 ft x
19 ft min
11 Compact Spaces
● 10 spaces 8.6 ft W x 19
ft L
● 1 space 9 ft W x 18 ft L
Motorcycle = 4.5 ft x7 ft
Loading Area - Standard
Parking Space (legal
nonconforming)
Yes, subject to
approval of
administrative
relief from
parking to allow
for compact
parking.

Drive-Through
Facilities
(16-647(D))
Stacking for three cars between the
order board and the pickup
window and stacking for five
cars behind the order board. (8
Spaces)
16 Spaces Yes
Parking Landscaping
(16-641):
● Along
streets/alleys
● Along interior
PLs (for lots
with 20+
spaces)
● Parking/vehicle
area (16-641)
● Landscape
fingers (16-641)
● Trees (for lots
with 20+)
● Min. 10 ft wide landscape strip
along city street
● Min. 5 ft wide side yard
● Landscape island/finger- every 10
spaces with 2 trees, 9 ft W x 20 ft L.
● Minimum 5% of area, exclusive
of any other required landscaped
area abutting a street or alley.
● Min. 1 tree for each 40’ property
line. ft frontage
Existing Development
9’- 7.5” along the streets
(legal nonconforming)
Additional landscaping
proposed along
Vineyard Avenue.

Yes.

22.8% of the lot.
12 trees provided.

Yes
d. Site Design, Circulation, and Parking: The Project parcel, is a corner lot, which is accessed from two existing driveways on RiverPark Boulevard. The proposed project will not alter the overall building location and site circulation. Circulation will still be provided in a “U” shape around the existing building. The driveway closest to the intersection of Vineyard Avenue and Riverpark Boulevard will be a “right turn in only” 555
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 7 of 11 ends

entrance, with the second driveway being a “right turn out only” exit. To minimize onsite conflicts the trash enclosure access is being moved from the parking lot to the alley, to allow for pick-up without impeding onsite circulation. Also, a new site wall is proposed along the north property line consistent with Oxnard City Code requirements for a screening wall between commercial zones and the Single Family Residential Zone, where they abut each other.

Due to the operational characteristics of existing Starbucks drive-through coffee shops operating in the City of Oxnard and beyond, City staff was concerned about traffic circulation both onsite and in the public right-of-way given the potential increase in the drive-through demand associated with the proposed Starbucks restaurant and inadequate vehicular queueing based on the existing configuration, which could collectively potentially interfere or block the adjacent street system and the intersection of North Vineyard Avenue/Riverpark Boulevard. As a result, the drive-through lane has been redesigned to run along the perimeter of the site, to allow for a longer queue. The current OCC requires a capacity of 8 spaces, however the current proposal provides for 16 spaces in the drive-through. Through the Development Advisory Committee process, multiple design alternatives were explored in coordination with various City departments, including Planning, Building and Engineering, Traffic, Fire, and Police. The currently proposed design was determined to best balance the onsite needs, while minimizing the potential for off-site impacts. The proposed design allowed for an increase in queueing capacity from 5 spaces to 16 spaces, without impacting onsite circulation. This will allow for emergency responders access at all times, even when the site is at full operation. The longer queue will also minimize the potential for the drive-through demand exceeding its capacity, which would impact the adjacent streets. However, while the 16-vehicle queue is not anticipated to be exceeded, a Draft Traffic Demand Management Plan (Attachment D), has been developed by the applicant team, and reviewed and accepted by City staff, which identifies both existing and future programs that can be implemented to prevent vehicles in the queue from spilling offsite. In addition to the standard operation items, some of the key component include:

1. Visibility and Exterior Camaras to allow for staff to monitor the drive-through lane.

2. Prior to capacity being reached, a Starbucks staff member will be tasked with directing cars to bypass the drive-through lane and either park, or leave the site to return when the adequate capacity has been restored.

3. Clear directional signage.

The existing site has a total of 41 parking spaces with a stacking credit of 5 spaces, for a total of 46 parking spaces. As a result of the improvements to the drive through lane onsite parking has been reduced to 20 spaces with a stacking credit of 15 spaces, for a total of 35.
556
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 8 of 11 ends

Table 2: Parking Compliance

DEVELOPMENT PARKING

REQUIREMENT PER

OXNARD CITY
CODE

SECTION
16-622(F)

STACKING

REQUIREMENT PER

OXNARD CITY
CODE

SECTION
16-647(D)
PARKING +

STACKING

PROVIDED

TOTAL PROVIDED
Existing Wendy’s Fast Food: 1
space per 50 gsf.
2450 gsf =49
spaces
8 Spaces 41 parking spaces
+ 5 stacking
spaces
46 spaces
Proposed
Starbuck
Fast Food: 1
space per 50 gsf.
2500 gsf =50
8 Spaces 20 parking spaces
+ 16 stacking
spaces
35 spaces
(Maximum of 15
spaces can count
toward parking
requirement)
OCC Section 16-651(B)(4) allows the Planning Commission to grant administrative relief from the parking provisions of the OCC when a requirement is shown to be excessive.

Pursuant to the OCC the applicant has provided a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the required parking is excessive and showing the amount of parking that should be required for the proposed use (Attachment E). The study used parking counts from a Starbucks in Costa Mesa, which at the time was one of the company's highest grossing stores in Southern California, and thus represents the worst case scenario. Based on the assessment, “parking demand is typically 20 vehicles or less throughout the day, which can be readily accommodated by the proposed parking supply at the Project. During unusual peak times when more than 20 vehicles may wish to park at the Project Site, it is expected that this additional demand will be absorbed by the substantial capacity provided by the proposed enhanced drive-through lane (i.e., incoming motorists will choose to utilize the drive-through instead of walk-in service).”
Additionally, given the close proximity of two alternative Starbucks locations, both of which are located within approximately 0.5 miles of the proposed site, it is anticipated that demand will be distributed minimizing the peak demand at any individual location. A Transportation Demand Management Plan has been prepared and conditions of approval have also been incorporated to address parking issues, in the unlikely event that they may arise after the revised site configuration is constructed.

Lastly, the project is requesting to be allowed to provide 11 of the provided parking spaces as compact parking spaces. While standard size spaces are required to be 9 ft 557
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 9 of 11 ends

(width) x19 ft (length), compact parking spaces are required to have minimum dimensions of 8 ft (width) x16 ft (length). Ten of the proposed spaces are compact due to the width of the space being 5-inches short of the standard requirement of 9 ft in width.

The 11th compact space is compact due to the length of the spaces being approximately 1-foot short of the standard requirement of 19 ft long. Given that the spaces are only marginally short of the standard space requirements, they will still be able to safely accommodate most vehicles in the same manner as a standard space.

The City’s Traffic Engineer finds that the proposed project, as conditioned, and in the context of the documentation provided and reviewed demonstrate that there is sufficient vehicle queue and parking capacity. Therefore administrative relief from this provision is included within the MJMD application.
e) Building Design: The proposed changes include a small 50 square-foot addition to allow for the relocation of the drive-through pick-up window. The resulting building will be 2,500 square feet. The proposed restaurant building features a facade with contemporary stucco with new colors and materials which will consist of tan stucco and a bronze metal roof, with a weathered copper siding.
f) Landscaping: The Project will result in an overall increase in onsite landscaping, with the landscaping increasing from 22.8 percent of the site to 26.4 percent. The majority of the new landscaping will be installed along North Vineyard Avenue, a designated scenic corridor which requires a landscaped buffer of at least 30 feet. The existing parking lot is located within this 30-foot area and is considered to be a “legal nonconforming” existing condition. The drive-through queue will be located within this 30-foot paved area, but paved areas will be removed and additional landscaping is proposed to be installed on both linear sides of the drive-through queue within the 30-foot area. This new landscaping will bring the project site more into compliance with the General Plan’s 30-foot wide landscape buffer standard. The revised site landscaping will provide parkways and landscape areas throughout the parking lot that will feature low water use, native and regionally adapted plants including grasses, succulents, and trees.

Additionally, 8 trees will be added throughout the property, which will assist in meeting the requirement of 1 tree for every 40 feet of property line. g) Signage: As part of the original Special Use Permit (U-916) a sign program was approved to allow for the existing signage on site. The applicant is proposing to revise the onsite site signage. Per the OCC Section 16-608, the total aggregate sign area of advertising signs cannot exceed two square feet for each lineal foot of building on the principal street or one square foot of sign area for each lineal foot of lot frontage on the principal street, whichever is larger. Using North Vineyard Avenue, the maximum sign area for the site would be 175 square feet. The aggregate sign area includes all wall signs, both sides of the freestanding sign, and ground signs, which per the provided sign program total approximately 166 square feet, which is in compliance with the OCC 558
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 10 of 11 ends

(Attachment F).

Drive-through signage is considered separate from the advertising signage, and are part of the overall project approval, subject to review by the Planning Commission. The proposed menu board signage is provided in Attachment F. Given the potential increase in drive-through usage and the relocation of the menu board, a noise level analysis was provided for the proposed menu board equipment. Based on the study provided and the distance from the adjacent residential uses of approximately 50 feet, the proposed noise levels would not exceed the maximum allowable exterior noise levels for residential (50 dBA) or commercial (60 dBA) areas, pursuant to OCC Section 7-185 (Exterior Sound Standards).
7) Development Advisory Committee: The Project was reviewed by the Development Advisory Committee (DAC) on March 3, 2021 and May 26, 2021. Conditions of approval from DAC are included in the attached Resolution.
8) Community Workshop and Public Input: The Project site is located within the El Rio West Neighborhood. On July 19th, 2021, the Project was presented to the public during the City’s Community Workshop meeting. Notices were mailed out to property owners of the El Rio, El Rio West, and RiverPark neighborhoods. Approximately 3,200 meeting notices were mailed by the applicant, and the Project site was posted with Project details and Community Workshop information. During the meeting one comment was received by a member of the public regarding the Project. Prior to the meeting three comments were received in response to the Community Workshop notices. The primary concerns expressed were related to traffic and circulation. As discussed above, through the DAC process and subsequent reviews, City staff from Planning, Building and Engineering, Traffic, Fire and Police have reviewed both the site design and Traffic Demand Management Plan to ensure the project will not impede traffic on the adjacent streets. Also, as conditioned if it is determined the Traffic Demand Management Plan is not functioning as needed the City shall have the ability to re-evaluate and amend the plan as needed.

Consistent with public noticing requirements, the Planning Commission hearing was advertised in the newspaper, with an on-site posting, and by mail to property owners within 300 feet of the subject property. To date, Staff has not received any concerns or public comments regarding the proposed Project.
9) Appeal Procedure: In accordance with Section 16-545 of the City Code, the Planning Commission’s action on PZ 21-550-01 (MJMD) may be appealed to the City Council within 18 days after the decision date. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fees before the end of the appeal period. If an appeal is not filed within 18 working days of the Planning Commission’s decision, the decision of the Planning Commission shall be considered final.
559
Vineyard Starbucks Site Renovations; PZ No. 21-550-01 (MJMD) Planning Commission Hearing Date: October 21, 2021

Page 11 of 11 ends

Attachments:

A. Maps (Vicinity, General Plan, Zoning, Aerial)
B. Reduced Project Plans
C. Notice of Exemption
D. Transportation Demand Management Plan
E. Parking Assessment
F. Reduced Sign Plans
G. Draft Planning Commission Resolution Approving Planning and Zoning Permit Nos. 21-550-01 (Major Modification to U-916) , subject to certain findings and conditions.

H. Staff Presentation
560

ATTACHMENT
A
MAPS
(VICINITY, GENERAL PLAN, ZONING, AERIAL)
561

VINEYARD AVE

OLIVE ST
ALLEY
101

FWY NORTH

COLONIA AVE
V
E
N
T
U
RA
B
LV
D
101

FWY SOUTH

RIVERPARK BLVD
NB 101 ON RAMP
N
B 101 O
F
F
R
A
M
P

FINANCIAL SQ
D
A
N
U
B
E
WAY

SYCAMORE ST
SB 101 ON RAMP
ALLEY
NB 101 ON RAMP
C2PD
C2
CNTY
SPLAN
R1PD
R2PD
RH
Zoning/Specific Plan Map
Zoning/Specific Plan Map
0 50 100 200 300 400
Feet
June 15, 2021 1:2,500
Oxnard Planning
PZ 21-550-01
Location: 2551 N Vineyard Ave
APN:1320043215
Vineyard Starbucks Renovation
C2PD
562
CG
CR
RL
SCH
RLM
RM

VINEYARD AVE
ALLEY

OLIVE ST
V
E
N
T
U
RA
B
L
V
D

COLONIA AVE
101

FWY NORTH

RIVERPARK BLVD
NB 101 ON RAMP
101

FWY SOUTH

FINANCIAL SQ
NB 101 OFF
RAM
P
D
A
N
U
B
E
WAY
ALLEY
NB 101 ON RAMP
2030 General Plan Land Use Map
0 50 100 200
Feet
2030 General Plan Land Use Map
June 15, 2021 1:2,000
Oxnard Planning
CG
PZ 21-550-01
Location: 2551 N Vineyard Ave
APN:1320043215
Vineyard Starbucks Renovation
563

FIFTH ST H ST
C ST

VENTURA RD

OXNARD BLVD

RICE AVE

HUENEME RD
J ST

GONZALES RD

VINEYARD AVE

WOOLEY RD

BARD RD
101 FRWY

SAVIERS RD

DORIS AVE

CENTRAL AVE

ROSE AVE

CASPER RD

THIRD ST
23RD AVE

CAMINO DEL SOL
D ST

BRISTOL RD

ARNOLD RD

NINTH ST

OLIVAS PARK DR

WEST RD

NAUMAN RD

TEAL CLUB RD

PERIMETER RD

HARBOR BLVD

MARKET ST
G ST
OCEAN
DR
T
B ST RACK 13 RD

OLDS RD
32ND AVE

YUCCA ST

DEL NORTE BLVD

PATTERSON RD

CHANNEL ISLANDS BLVD

VICTORIA AVE
ELM ST

PERKINS RD

ETTING RD
F ST

PACIFIC AVE
5TH PL

PALMA DR
6TH ST

SANTA CLARA AVE
N ST

ENTRADA DR

CLARA ST

WALKER ST

WALNUT DR

BALBOA ST

DUNKIRK DR

SIMON WAY

ORANGE DR

STROUBE ST
5TH ST

EMERSON AVE

JOLIET PL
ALLEY

EBONY DR

KENTIA ST

HILL ST
I ST

SAN JUAN AVE

PATRICIA ST
A ST

VENTURA BLVD

EASTMAN AVE
TRACK 14 RD

REDWOOD ST GISLER AVE

FIR AVE
M ST

TERESA ST

PENINSULA RD

OFFSHORE ST

AZALEA ST

VICTORIA AV
11TH AVE

WILLIAMS DR

HARBOR SERVICE
BLVD
DONLON
ST

APPLE LN
LEI DR

STATHAM BLVD

LATIGO AVE

ARCTURUS AVE
K ST

BUTLER RD

ALBION DR

SURFSIDE DR

SWAN ST

NINA DR GARY DR

STURGIS RD

MOUNTAIN VIEW AVE
E ST

SAN MATEO PL

LAMBERT ST

SIKORSKY ST

JANETWOOD DR
ASH ST
DOCK 1

JOAN WAY

BEAUMONT AVE

PAVIN DR

NELSON PL

OXFORD DR

HOLLY AVE

VENICE RD WESTAR DR

MANDALAY
BEACH
RD

AVILA PL

BLANCA PL

VIEWPOINT DR

CAMINO AVE

BAYVIEW DR
ELBA
ST

SCOTT ST

OCEAN DR
B ST
M ST
ALLEY
ALLEY
101 FRWY

PATTERSON RD

VICTORIA AVE

CHANNEL ISLANDS BLVD

GONZALES RD

R CI E AVE
ALLEY

ETTING RD
F ST
C ST
HARBOR
BLVD
Vicinity Map
0 0.5 1 1.5 2
Miles
North
Pacific Ocean
N
June15, 2021
Oxnard Planning
1:70,000
Santa Clara River
PZ 21-550-01
Location: 2551 N Vineyard Ave
APN:1320043215
Vineyard Starbucks Renovation
Vicinity Map
PZ 21-550-01
564

N VINEYARD AVE

OLIVE ST

RIVERPARK BLVD

COLONIA AVE

VENTURA BLVD
NB 101 ON RAMP
Aerial Map
Aerial Map
June 15, 2021
Oxnard Planning
0 25 50 100 150 200
Feet
PZ 21-550-01
Location: 2551 N Vineyard Ave
APN:1320043215
Vineyard Starbucks Renovation
565

ATTACHMENT
B

REDUCED PROJECT PLANS
566
DATE:

ENCLOSURE
(E) ACCESSIBLE STALL
(E) ACCESSIBLE AISLE
(E) DRIVE THRU LANE
(E) MENU BOARD
(E) PREORDER MENU
(E) G.I
(E)SCE
XTMR
(E) LIGHT
(E) DIRECTIONAL SIGN
(E) DIRECTIONAL SIGN
(E) DRIVE THRU WINDOW
RIVERPARK BLVD.

E VINEYARD AVE
(E) PUBLIC SIDEWALK
(E) PROPERTY LINE
(E) LIGHT
(E) PYLON SIGN
(E) TRUNCATED DOME
(E) ELECTRCAL
CLOSET
(E) LIGHT
11' - 6"
(E) BOLLARDS
(E) BOLLARDS
(E) BOLLARDS
(E) BUILDING
2,400 SQFT
(E) CURB CUT
$OWRQ3NZ\6XLWH,UYLQH&$

3

)

DATE:

MCG PROJECT #:
© MCG ARCHITECTS 2018 ALL RIGHTS RESERVED
NOTE: This information is conceptual in nature and is subject to adjustments pending further verification and Client, Tenant, and Governmental Agency approvals. No warranties or guaranties of any kind are given or implied by the Architect.

VICINITY MAP
EXISTING BUILDING SQFT: 2,400 SQFT
LOT SIZE: +/-0.66 ACRES

REQUIRED PARKING
EXISTING ZONE: C2PD
PARKING REQUIRED (1 PER 50 SQFT): 48 SPACES

EXISTING PARKING
EXISTING PARKING SPACES: 42 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 105 LNFT / 23 = 5 TOTAL: 47

SITE SUMMARY
N
PROJECT ADDRESS: 2551 E. VINEYARD AVE.

OXNARD, CA 93036
APN: 132-0-043-214

SCOPE OF WORK

REPURPOSE AN EXISTING RESTAURANT BUILDING WITH DRIVE-THRU FOR A NEW TENANT. EXTERIOR MODIFICATIONS ARE DRIVE-THRU BUMP OUT AND WINDOW ADDITION (40 SQFT REMOVED/ 60 SQFT
ADDED) AND PAINT/FINISHES FOR REBRANDING. SITE MODIFICATIONS

INCLUDE ADDITIONAL ACCESSIBLE PARKING STALL AND NEW CURB AT THE DT LANE. THERE IS NO CHANGE IN USE.

PROJECT SUMMARY
N

TURE REFERENCE

BUILDING

BUILDING INFORMATION

LOT SIZE

EXISTING PROPOSED
2,400 SQFT (8.3%)
+/-0.66 ACRES(+/-28,750 SQFT)
2,500 SQFT (8.7%)
PAVING 19,796.4 SQFT (68.9%) 18,832 SQFT (65.5%)
LANDSCAPE 6,553.6 SQFT (22.8%) 7,418 SQFT (25.8%)

BUILDING HEIGHT
PARKING 47 36
21FT
- DEMO 40 SQFT ADDITION 60 SQFT
<

W >
Z
55 6'.
55 (N) TRASH

ENCLOSURE
RIVERPARK BLVD.

E VINEYARD AVE
(E) PYLON SIGN,

REPAINTED WITH (N)

SIGNAGE PANELS
(E) LANDSCAPE (E) PUBLIC SIDEWALK
7 (E) LANDSCAPE
(E) SCE
XTMR
(E) BOLLARDS
(E) LANDSCAPING
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(N) PLANTER/

LANDSCAPING
(N) SITE LIGHT
(N) LANDSCAPE
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(E) LANDSCAPE
(E) LANDSCAPE
(N) EXIT ONLY/ THANK

YOU SIGNAGE
(E) PROPERTY LINE (N) BUMP OUT WITH
(N) DRIVE-THRU WINDOW
(N) DRIVE THRU LANE
(N) DRIVE THRU LANE
10 3
(N) ACCESSIBLE STALL, TYP
(N) ACCESSIBLE AISLE
(N) CURB CUT -

REPAIR AS NEEDED
(E) ELECTRICAL

SWITCHGEAR
(N) MENU BOARD
(N) DIGITAL ORDER
SCREEN
(N) BOLLARD
(N) PRE-MENU BOARD
(N) BOLLARD
(E) G.I. TO BE

MODIFIED/REPLACED TO

INCLUDE A SAMPLE BOX
(E) DOOR, TYP
(N) AWNING, ABOVE
(N) AWNING, ABOVE
(N) STOP SIGNAGE
TYP.
20' - 0"
(E) BUILDING WITH
(N) COFFEE SHOP TENANT
2,500 SQFT
(N) COMPACT PARKING STALL -

REPAINT STRIPING AS NEEDED
(N) STANDARD PARKING

STALL - REPAINT STRIPING

AS NEEDED

CURBSIDE PICKUP

PARKING STALLS
(N) ACCESSIBLE STALL
(E) CURB CUT
(N) ACCESSIBLE

SIGNAGE, TYP
(N) 8" WALL 6FT HEIGHT MIN. (N) 8" WALL 6FT HEIGHT MIN. (E) PUBLIC SIDEWALK
(E) BUS STOP

WITH BENCH,

TRASH BIN,

AND BIKE
RACK.
(N) 8" WALL

MOP PARKNG STALLS
(N) DIRECTIONAL SIGN

MOBILE ORDER

PICKUP SIGNAGE
(E) MEDIAN
(E) PEDSTRIAN

CROSSWALK

STRIPING

SETBACK
10' - 0" MIN.
(N) PAINTED DRIVETHRU STRIP
(N) SITE LIGHT
(N) SITE LIGHT
0 20' 30'
Scale: 1" = 10'-0"
10'
(N) DIRECTIONAL

SIGNAGE
(N) ONE WAY SIGNAGE
(N) BIKE RACK
(N) BOLLARD
DN
(N) SITE LIGHT
(N) SITE LIGHT
$OWRQ3NZ\6XLWH,UYLQH&$

3

)

DATE:

CITY OF OXNARD

PROPOSED SITE PLAN
PROPOSED BUILDING SQFT: 2,500 SQFT
GROSS LAND: +/-0.66 ACRES
+/-28,750 SQFT
LAND COVERAGE:

BUILDING: 8.7%(2,500 SQFT)
PAVING: 65.5%(18,832 SQFT)
LANDSCAPE: 25.8%(7,418 SQFT)

REQUIRED PARKING
EXISTING ZONE: C2PD
PARKING REQUIRED (1 PER 50 SQFT): 48 SPACES

EXISTING PARKING
EXISTING PARKING SPACES: 42 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 105 LNFT / 23 = 5 TOTAL: 47

PROPOSED PARKING
PROPOSED PARKING SPACES: 20 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 368 LNFT / 23 = 16 TOTAL: 36
PROPOSED BIKE RACK: 6 SPACES
N

SITE SUMMARY
N

TRUE REFERENCE
NOTE: THE DELIVERY TIME IS 4AM AND THE LOADING
VEHICLE WILL USE ONE STANDARD PARKING SPACE.

BUILDING

BUILDING INFORMATION

LOT SIZE

EXISTING PROPOSED
2,450 SQFT (8.5%)
+/-0.66 ACRES(+/-28,750 SQFT)
2,500 SQFT (8.7%)
PAVING 19,755.4 SQFT (68.7%) 18,669 SQFT (64.9%)
LANDSCAPE 6,553.6 SQFT (22.8%) 7,581 SQFT (26.4%)

BUILDING HEIGHT
PARKING 47 36
21FT
- DEMO 40 SQFT ADDITION 90 SQFT
<

W >
Z
55 6'.
55 (N) TRASH

ENCLOSURE
RIVERPARK BLVD.

E VINEYARD AVE
(E) PYLON SIGN,

REPAINTED WITH (N)

SIGNAGE PANELS
(E) LANDSCAPE (E) PUBLIC SIDEWALK
7 (E) LANDSCAPE
(E) SCE
XTMR
(E) BOLLARDS
(E) LANDSCAPING
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(N) PLANTER/

LANDSCAPING
(N) SITE LIGHT
(N) LANDSCAPE
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(E) LANDSCAPE
(E) LANDSCAPE
(N) EXIT ONLY/ THANK

YOU SIGNAGE
(E) PROPERTY LINE (N) BUMP OUT WITH
(N) DRIVE-THRU WINDOW
(N) DRIVE THRU LANE
(N) DRIVE THRU LANE
10 3
(N) ACCESSIBLE STALL, TYP
(N) ACCESSIBLE AISLE
(N) CURB CUT -

REPAIR AS NEEDED
(E) ELECTRICAL

SWITCHGEAR
(N) MENU BOARD
(N) DIGITAL ORDER
SCREEN
(N) BOLLARD
(N) PRE-MENU BOARD
(N) BOLLARD
(E) G.I. TO BE

MODIFIED/REPLACED TO

INCLUDE A SAMPLE BOX
(E) DOOR, TYP
(N) AWNING, ABOVE
(N) AWNING, ABOVE
(N) STOP SIGNAGE
TYP.
20' - 0"
(E) BUILDING WITH
(N) COFFEE SHOP TENANT
2,500 SQFT
(N) COMPACT PARKING STALL -

REPAINT STRIPING AS NEEDED
(N) STANDARD PARKING

STALL - REPAINT STRIPING

AS NEEDED

CURBSIDE PICKUP

PARKING STALLS
(N) ACCESSIBLE STALL
(E) CURB CUT
(N) ACCESSIBLE

SIGNAGE, TYP
(N) 8" WALL 6FT HEIGHT MIN. (N) 8" WALL 6FT HEIGHT MIN. (E) PUBLIC SIDEWALK
(E) BUS STOP

WITH BENCH,

TRASH BIN,

AND BIKE
RACK.
(N) 8" WALL

MOP PARKNG STALLS
(N) DIRECTIONAL SIGN

MOBILE ORDER

PICKUP SIGNAGE
(E) MEDIAN
(E) PEDSTRIAN

CROSSWALK

STRIPING

SETBACK
10' - 0" MIN.
(N) PAINTED DRIVETHRU STRIP
(N) SITE LIGHT
(N) SITE LIGHT
0 20' 30'
Scale: 1" = 10'-0"
10'
(N) DIRECTIONAL

SIGNAGE
(N) ONE WAY SIGNAGE
(N) BIKE RACK
(N) BOLLARD
DN
(N) SITE LIGHT
(N) SITE LIGHT
$OWRQ3NZ\6XLWH,UYLQH&$

3

)

DATE:

CITY OF OXNARD

PROPOSED SITE PLAN
PROPOSED BUILDING SQFT: 2,500 SQFT
GROSS LAND: +/-0.66 ACRES
+/-28,750 SQFT
LAND COVERAGE:

BUILDING: 8.7%(2,500 SQFT)
PAVING: 65.5%(18,832 SQFT)
LANDSCAPE: 25.8%(7,418 SQFT)

REQUIRED PARKING
EXISTING ZONE: C2PD
PARKING REQUIRED (1 PER 50 SQFT): 48 SPACES

EXISTING PARKING
EXISTING PARKING SPACES: 42 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 105 LNFT / 23 = 5 TOTAL: 47

PROPOSED PARKING
PROPOSED PARKING SPACES: 20 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 368 LNFT / 23 = 16 TOTAL: 36
PROPOSED BIKE RACK: 6 SPACES
N

SITE SUMMARY
N

TRUE REFERENCE
NOTE: THE DELIVERY TIME IS 4AM AND THE LOADING
VEHICLE WILL USE ONE STANDARD PARKING SPACE.

BUILDING

BUILDING INFORMATION

LOT SIZE

EXISTING PROPOSED
2,450 SQFT (8.5%)
+/-0.66 ACRES(+/-28,750 SQFT)
2,500 SQFT (8.7%)
PAVING 19,755.4 SQFT (68.7%) 18,669 SQFT (64.9%)
LANDSCAPE 6,553.6 SQFT (22.8%) 7,581 SQFT (26.4%)

BUILDING HEIGHT
PARKING 47 36
21FT
- DEMO 40 SQFT ADDITION 90 SQFT
2,450 SQFT
49 35
2,450
568
DATE:

W >
Z
55 6'.
55 (N) TRASH

ENCLOSURE
RIVERPARK BLVD.

E VINEYARD AVE
(E) PYLON SIGN,

REPAINTED WITH (N)

SIGNAGE PANELS
(E) LANDSCAPE (E) PUBLIC SIDEWALK
7 (E) LANDSCAPE
(E) SCE
XTMR
(E) BOLLARDS
(E) LANDSCAPING
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(N) PLANTER/

LANDSCAPING
(N) SITE LIGHT
(N) LANDSCAPE
(E) PARKING SURFACE -

GRIND & REPAIR AS NEEDED
(E) LANDSCAPE
(E) LANDSCAPE
(N) EXIT ONLY/ THANK

YOU SIGNAGE
(E) PROPERTY LINE (N) BUMP OUT WITH
(N) DRIVE-THRU WINDOW
(N) DRIVE THRU LANE
(N) DRIVE THRU LANE
10 3
(N) ACCESSIBLE STALL, TYP
(N) ACCESSIBLE AISLE
(N) CURB CUT -

REPAIR AS NEEDED
(E) ELECTRICAL

SWITCHGEAR
(N) MENU BOARD
(N) DIGITAL ORDER
SCREEN
(N) BOLLARD
(N) PRE-MENU BOARD
(N) BOLLARD
(E) G.I. TO BE

MODIFIED/REPLACED TO

INCLUDE A SAMPLE BOX
(E) DOOR, TYP
(N) AWNING, ABOVE
(N) AWNING, ABOVE
(N) STOP SIGNAGE
TYP.
20' - 0"
(E) BUILDING WITH
(N) COFFEE SHOP TENANT
2,500 SQFT
(N) COMPACT PARKING STALL -

REPAINT STRIPING AS NEEDED
(N) STANDARD PARKING

STALL - REPAINT STRIPING

AS NEEDED

CURBSIDE PICKUP

PARKING STALLS
(N) ACCESSIBLE STALL
(E) CURB CUT
(N) ACCESSIBLE

SIGNAGE, TYP
(N) 8" WALL 6FT HEIGHT MIN. (N) 8" WALL 6FT HEIGHT MIN. (E) PUBLIC SIDEWALK
(E) BUS STOP

WITH BENCH,

TRASH BIN,

AND BIKE
RACK.
(N) 8" WALL

MOP PARKNG STALLS
(N) DIRECTIONAL SIGN

MOBILE ORDER

PICKUP SIGNAGE
(E) MEDIAN
(E) PEDSTRIAN

CROSSWALK

STRIPING

SETBACK
10' - 0" MIN.
(N) PAINTED DRIVETHRU STRIP
(N) SITE LIGHT
(N) SITE LIGHT
0 20' 30'
Scale: 1" = 10'-0"
10'
(N) DIRECTIONAL

SIGNAGE
(N) ONE WAY SIGNAGE
(N) BIKE RACK
(N) BOLLARD
DN
(N) SITE LIGHT
(N) SITE LIGHT
$OWRQ3NZ\6XLWH,UYLQH&$

3

)

DATE:

CITY OF OXNARD

PROPOSED SITE PLAN
PROPOSED BUILDING SQFT: 2,500 SQFT
GROSS LAND: +/-0.66 ACRES
+/-28,750 SQFT
LAND COVERAGE:

BUILDING: 8.7%(2,500 SQFT)
PAVING: 65.5%(18,832 SQFT)
LANDSCAPE: 25.8%(7,418 SQFT)

REQUIRED PARKING
EXISTING ZONE: C2PD
PARKING REQUIRED (1 PER 50 SQFT): 48 SPACES

EXISTING PARKING
EXISTING PARKING SPACES: 42 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 105 LNFT / 23 = 5 TOTAL: 47

PROPOSED PARKING
PROPOSED PARKING SPACES: 20 SPACES
DRIVE-THRU STACKING CREDIT (1 PER 23 LNFT): 368 LNFT / 23 = 16 TOTAL: 36
PROPOSED BIKE RACK: 6 SPACES
N

SITE SUMMARY
N

TRUE REFERENCE
NOTE: THE DELIVERY TIME IS 4AM AND THE LOADING
VEHICLE WILL USE ONE STANDARD PARKING SPACE.

BUILDING

BUILDING INFORMATION

LOT SIZE

EXISTING PROPOSED
2,450 SQFT (8.5%)
+/-0.66 ACRES(+/-28,750 SQFT)
2,500 SQFT (8.7%)
PAVING 19,755.4 SQFT (68.7%) 18,669 SQFT (64.9%)
LANDSCAPE 6,553.6 SQFT (22.8%) 7,581 SQFT (26.4%)

BUILDING HEIGHT
PARKING 47 36
21FT
- DEMO 40 SQFT ADDITION 90 SQFT
49 35
15 35
345
569
DATE:

W >
Z
55 6'.
55 RIVERPARK BLVD.

E VINEYARD AVE
(E) BUILDING WITH
(N) COFFEE SHOP TENANT
2,400 SQFT
12' - 0"

BUILDING SETBACK
54' - 10 1/2"

BUILDING SETBACK
81' - 1"

BUILDING SETBACK
15' - 2"
30' - 6 1/2"
71' - 9"
TYP.
22' - 10"
TYP.
9' - 0"
TYP.
20' - 2"
TYP.
8' - 7"
TYP.
9' - 0"
12' - 4" 17' - 1"
OVERALL PLANTER DIM.
109' - 10"
12' - 0"
12' - 0"
26' - 0"
26' - 0"
3' - 6"
33' - 0"
18' - 2"
62' - 5 1/2"
74' - 0"
69' - 3"
5' - 10"
7' - 1"
5' - 2"
175' - 0" (PROPERTY LINE)
164' - 3" P( ROPERTY LINE)
12' - 2"
30' - 0" TO ADJACENT STREET O.C.
25' - 0" 18' - 1"
21' - 7"
10' - 0"
3' - 0" 31' - 6"
SEE DETAIL 1
12' - 0"

E( ) LANDSCAPE
9' - 7 1/2"
30' - 7 1/2"
20' - 0"
0 20' 30'
Scale: 1" = 10'-0"
10'
6' - 6"
76' - 7"
DN
4' - 8" 19' - 4"
10' - 4 1/2"
5' - 1 1/2"
6' - 0"
65°
20' - 1 1/2"
8' - 7" (8' - 6" MIN.)
9' - 5" (9' - 4 1/2" MIN.) 8' - 2 1/2" ( 8' - 2 1/2"MIN.) 36' - 10 1/2" (33' - 6" MIN.)
18' - 5 1/2" (16' - 0" MIN.)
16' - 1 1/2" (15' - 6" MIN.)
$OWRQ3NZ\6XLWH,UYLQH&$

3

)

DATE:

TRUE REFERENCE
Scale: 1 : 60 1 ENLARGED ANGLED PARKING STALL
2,500 SQFT
570
DATE:

BEVERAGE
PREP
657 SF

SALES/RETAIL
112 SF

GENERAL

SEATING
103 SF

GENERAL

SEATING
161 SF

GENERAL

SEATING
93 SF

GENERAL

SEATING
53 SF

GENERAL

SEATING
518 SF

WORKROOM

FIXSED SEATING
8' - 4"
3' - 1 1/2"

FIXSED SEATING
6' - 11 1/2"
112 SF

RESTROOM
88 SF

RESTROOM

MAIN ENTRANCE

WORKROOM

ENTRANCE

EMPLOYEE ONLY

BEVERAGE PREP

GENERAL SEATING

SALES/RETAIL

WORKROOM

RESTROOM
DIM. FIXED SEATING
N

ROOM SCHEDULE LEGEND

NAME AREA
BEVERAGE PREP 202 SF
GENERAL SEATING 522 SF
RESTROOM 199 SF
SALES/RETAIL 657 SF
WORKROOM 518 SF
GRAND TOTAL 2098 SF
N

TRUE REFERENCE
571
DATE:

EXTERIOR

LIGHTING
SW6141
SOFTER TAN
METAL ROOF
MEDIUM BRONZE
METAL ROOF
MEDIUM BRONZE
METAL ROOF
MEDIUM BRONZE
METAL ROOF
MEDIUM BRONZE
METAL ROOF
MEDIUM BRONZE
METAL ROOF
MEDIUM BRONZE
METAL SIDING
WEATHERED COPPER
METAL SIDING
WEATHERED COPPER
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
WALL CABLE

TRELLIS

EXTERIOR

LIGHTING
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
(N) RTU
[SCREENED]
WALL CABLE

TRELLIS
572
DATE:

TRUE REFERENCE
575
DATE:

MCG JOB #:
07/01/21
20006.30
DATE: REVISIONS
© MCG ARCHITECTURE 2019 ALL RIGHTS RESERVED
NOTE: This information is conceptual in nature and is subject to DGMXVWPHQWVSHQGLQJIXUWKHUYHUL¿FDWLRQDORQJZLWK&OLHQW7HQDQWDQG *RYHUQLQJ$JHQF\DSSURYDOV1RZDUUDQWLHVRUJXDUDQWLHVRIDQ\NLQG are given or implied by the Architect.
15635 Alton Pkwy, Suite 100
Irvine, California 92618
949.553.1117 949.474.7056
www.mcgarchitecture.com
T F
FACADE REMODEL
2551 E. VINEYARD AVE.
2;1$5'&$

PROPOSED SIGNAGE & BIKE RACK DETAIL
Painted black to match
RAL 7021M - match sample
.090" [2mm] routed aluminum
face panel painted black
to match RAL 7021M -
match sample
open
CS 3x1.60 aluminum channel
painted black to match
RAL 7021M - match sample
.063" [2mm] aluminum base
cover painted black to match
RAL 7021M - match sample
Street Side View Front Elevation View Store Side View Rear Elevation View 2'-2" [660mm] 5 3/16"
[132mm]
3'-10" [1168mm]
8 7/8"
[225mm]
1'-3" [381mm]
7" [178mm]
11 7/8"
[302mm]
1'-5 5/8" [448mm]
1'-5 3/16" [437mm] 3" [76mm]
3/8" typ. [10mm]
7 1/8"
[181mm]
2'-3" [686mm] 4" [102mm]
End cap panel 2-tone
Chevron end only
Weatherproof
disconnect switch
with sealing boot
Copy and chevrons backed
up with .125" [3mm] white
solar grade polycarbonate
matching R&H #7328
Painted black to match
RAL 7021M - match sample
.090" [2mm] routed aluminum
face panel painted black
to match RAL 7021M -
match sample
Copy backed up with .125" [3mm]
white solar grade polycarbonate
open matching R&H #7328 Weatherproof
disconnect switch
with sealing boot
CS 3x1.60 aluminum channel
painted black to match
RAL 7021M - match sample
.063" [2mm] aluminum base
cover painted black to match
RAL 7021M - match sample
Street Side View Front Elevation View Store Side View Rear Elevation View 2'-1" [635mm] 1'-8 5/16" [516mm] 5 3/16"
[132mm]
3'-10" [1168mm]
1'-3" [381mm] 2'-3" [686mm] 4" [102mm]
6 11/16" [170mm]6 11/16" [170mm]
1'-2 5/8"
[371mm] 8 15/16"[227mm] 10 13/16" [275mm]
3 1/2" 2 1/2"
[89mm] [64mm]
1'-5 5/8" [448mm] 7 1/8"
[181mm]
3/8" typ. [10mm]
1'-5 3/16" [437mm] 3" [76mm]
Front View
Scale: 3"=1'-0" 1 Side ViewScale: 3"=1'-0" 2
3 Panels are .080" routed aluminum with 1/2" radius corners.

Manufacture two-hundred (200) single face parking signs.

Color Pallete
PMS 3425C PMS 560C
AA
B
1 1/2" 1 1/2" 2 7/8" 2" 3/4"
1'-6"
1'-0"
.080"
Face to have applied digitally printed vinyl graphics on white reflective vinyl, See color detail.

C 5/16” White reflective border.
5/16"
A
B
C
A
B
C
DIRECTIONAL SIGNAGE EXIT ONLY/THANK YOU SIGNAGE CLEARANCE BAR PRE-MENU BOARD DIGITAL ORDER SCREEN 5-PANEL MENU BOARD MOBILE ORDER PICKUP SIGNAGE ACCESSIBLE SIGNAGE STOP SIGNAGE ENTRANCE SIGNAGE BIKE RACK DETAIL 576
DATE:

ON REGIONAL

VARIES - BASED

REQUIREMENTS
METAL ROOF;

FINISH TO MATCH

BUILDING CANOPY
2" CMU CAP (TYP.)
CMU WALL SECTION CMU WALL ELEVATION
SMOOTH CONCRETE
BLOCK PAINTED
SW7031 MEGA CREIGE
BOSTON IVY
7 7
(N) CMU WALL
8' - 0"
(E) ALLEY (E) LANDSCAPE PARKING
(E) CURB

PLEASE SEE CIVIL DRAWING
FOR MORE INFORMATION. PLEASE SEE CIVIL DRAWING
FOR MORE INFORMATION.
10’-4” X 19’-4” TRASH ENCLOSURE WILL BE
PROVIDED TO ACCOMMODATE DOUBLE 4
YARD DUMPSTERS AND DOUBLE 64 GALLON
TOTES.
577
DATE:

PAINTED
METAL SIDING
WEATHERED COPPER
WALL CABLE TRELLIS WITH
PLANT BASE
STANDING SEAM ROOF
MEDIUM BRONZE
578

ATTACHMENT
D

TRANSPORTATION DEMAND MANAGEMENT PLAN
579
Transportation Demand Management Plan
Prepared for: The City of Oxnard
Prepared by: MCG Architecture
Revised: June 21, 2021
Per the U.S. Department of Transportation, transportation demand management (TDM), or simply demand management, is defined a set of strategies aimed at maximizing traveler choices. The following are several performance-based approaches that Starbucks employs nationwide to provide customers with the maximum number of choices to make purchases from a store, while mitigating the impacts to regular traffic flow.

1. Intentional Site Selection
a. Careful consideration is given to each site to ensure customers will have many convenient options for transportation. This particular site is directly adjacent to a bus stop, providing a ride share option. It is also within walking distance of both single and multi-family developments as well as the Martinez & Vineyard Shopping Centers. b. These items are indicated on the Site Plan attached by numbers ①.

2. Effective Site Planning & Data-Driven Menu Board Placement a. For this project, Starbucks engaged with MCG Architecture for over a year to determine the most efficient site plan design given the constraints of this existing site. Countless iterations focused balancing parking requirements with drive-thru stacking length.

Particular attention was given to traffic flow and safety. b. Through its many drive-thru locations already in operation, Starbucks has gathered extensive data on the most efficient placement of the menu board so that the flow of customers is steady. After customers place their order, they proceed to the pick-up window where their drink is simultaneously ready. Every effort is made to reduce waiting time at any given point.

3. “Mobile Order & Pay” or MOP
a. Starbucks launched “Mobile Order & Pay” in 2015, combining the company’s existing payment system with new online ordering features that let you order ahead for pickup at stores. According to an earnings document published on Oct. 1, 2020, almost a quarter of all transactions (24%) at Starbucks stores in the US are mobile orders through the company’s app.1,2
b. How it works: Customers place their orders (including payment) ahead of time using the Starbucks Mobile App. When the customer arrives at the store, they will find their order is ready for them to pick up on the counter.
c. The MOP program relieves orders placed in the drive-thru lane and customers are in and out of parking stalls within a few minutes at most.
d. Designated parking stalls for this program are indicated on the Site Plan attached by number ②.
580

4. Curbside Pick-up
a. Starbucks’ customers have evolved an increased desire for flexibility and convenience.

In response, Starbucks added Curbside Pick-up options to many locations to further increase the efficiency of the “Mobile Order & Pay” program by bringing offerings out to the car rather than requiring the customer to enter the store. b. How it works: Customers place their orders (including payment) ahead of time using the Starbucks Mobile App. When a customer arrives at the store, they are able to check in using the same app and note which spot they are parked in. Starbucks Partners are alerted to the customer’s arrival and bring the order directly out to the car. c. The Curbside Pick-up program relieves orders placed in the drive-thru lane and customers are in and out of parking stalls within a few minutes at most. d. Designated parking stalls for this program are indicated on the Site Plan attached by number ③.

5. Delivery in partnership with UberEats
a. With customers shifting preferences towards delivery rather than dining-in, Starbucks has partnered with UberEats to introduce a new choice for customer convenience. b. How it works: Customers place their orders through the UberEats app. Orders are prepared similar to the “Mobile Order & Pay” and Curbside Pick-up programs. A delivery driver, designated by UberEats, picks up the order(s) and delivers it/them to the customer.
c. The Delivery program relieves orders placed in the drive-thru lane and the parking lot. It is possible for multiple orders to be picked up at once. Delivery drivers are in and out of parking stalls within a few minutes at most.
d. There are no specific designated parking stalls for this program, however, delivery drivers are eligible to use the “Mobile Order & Pay” designated stalls, indicated on the Site Plan attached by number ②.

6. Flexible or Hand-Held Order Point(s)
a. A new program, which is currently being developed and tested at select locations, allows for orders and payment to be taken ahead of the fixed Order Point. The feedback from this pilot program will aid the company in determining its effectiveness and most impactful times for deployment.
b. How it works: The Handheld Order Point will be used to take orders earlier, allowing labels to be printed earlier and potentially providing more time to prepare orders, when necessary as determined by the store’s operators.
c. Starbucks is currently assessing stores that are good candidates for this trial program. d. The potential location of this kiosk is indicated on the attached Site Plan by number ④. 1 ‘Starbucks Mobile Order & Pay Now Available to Customers Nationwide’ 2015, Stories.Starbucks.com, 22 September 2015, Accessed 22 April 2021 <https://stories.starbucks.com/stories/2015/starbucks-mobile-order-pay-now-available-to-customers-nationwide/> 2Campbell, Ian 2020 ‘Starbucks says nearly a quarter of all US retail orders are placed from a phone’, The Verge, 30 October 2020, Accessed 21 April 2021 https://www.theverge.com/2020/10/30/21540908/starbucks-app-q4-earnings-mobile-payments 581
Site Specific Performance-Based Measures & Mitigation
A. Visibility & Exterior Cameras
a. The Site Plan for Starbucks at Vineyard & Riverpark is designed with a direct line-ofsight from the Starbucks partner at the point of sale to the 15th & 16th cars in the drive-thru lane. This will allow the partner to observe and monitor the traffic flow throughout the day. See Site Plan number ⑤.
b. At least one (1) exterior camera will be mounted to face the drive-thru lane. This will also allow partners in the Back of House and the Store Manager to observe the flow as a second set of eyes. See Site Plan number ⑥.

B. Signage & Directional Markings
a. Directional arrows shall be placed on the pavement at the entry drive aisle to clearly define thru-traffic from drive-thru traffic. See Site Plan number ⑦. b. Additional pole-mounted signage will be placed at the entry to the site indicating that cars should not overflow onto the street and block traffic. See Site Plan number ⑧.

C. Partner-Guided Traffic Flow
a. Should the traffic exceed the capacity of the drive-thru lane and if it is safe to do so, a Starbucks partner may be tasked with directing cars to bypass the drive-thru lane and either park, or leave the site to return when the traffic backup is mitigated. See Site Plan number ⑨.

D. Example Decision-Making Metrics
a. Starbucks partners and the Store Manager will have the ability to implement and modify this plan based on observed performance metrics as follows:
i. 0-7 cars observed in lane: No action; typical traffic flow ii. 8-11 cars observed in lane: Observations are vocally shared with all partners to increase efficiency where possible.
iii. 12-15 cars observed in lane: Store Manager is aware of the situation and designates an available partner to prepare to direct traffic, if needed; Store Manager deploys traffic mitigation methods including but not limited to those discussed in this TDM plan.
iv. 16+ cars observed: Store Manager deploys designated partner to direct traffic on-site.
582

KEEP CLEAR
SS
TEL
RIVERPARK BLVD.

E VINEYARD AVE

MOBILE ORDER PICKUP SIGNAGE

CURBSIDE PICKUP SIGNAGE

CONCEPTUAL LOCATION FOR HAND-HELD ORDER POINT

MOBILE ORDER
& PAY CURBSIDE
(E) BUS STOP WITH

BENCH, TRASH BIN,
AND BIKE RACK.
2 3
4 1
5 6
8 7
9 0-7 CARS
8-11 CARS
12-15 CARS
DN
15635 Alton Parkway, Suite 100, Irvine, CA 92618
P: 949.553.1117 F: 949.474.7056
DATE:MCG PROJECT #:© MCG ARCHITECTS 2018 ALL RIGHTS RESERVEDNOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guarantiesof any kind are given or implied by the Architect. 07/01/21
20006.30
HAND-HELD ORDER POINTSITE 1
4 TRAFFIC DEMAND MANAGEMENT PLAN
583

ATTACHMENT
E

PARKING ASSESSMENT
584

MEMORANDUM
O:\0539\memo\Parking Assessment - 2551 E. Vineyard SBUX (10.07.21).docx To: John Schmid
MCG Architecture
Date: October 7, 2021
From: David S. Shender
Linscott, Law & Greenspan, Engineers
LLG Ref: 5-21-0539-1
Subject: Parking Assessment for the Proposed Starbucks Coffee Shop at 2551 East Vineyard Avenue in the City of Oxnard
This parking assessment has been prepared by Linscott, Law & Greenspan, Engineers (LLG) for the proposed Starbucks coffee shop (the “Project”) at 2551 East Vineyard Avenue (the “Project Site”) in the City of Oxnard. The Project Site is located at the northwest corner of the Vineyard Avenue/Riverpark Boulevard intersection. LLG understands the Project proposes to provide a supply of on-site vehicle parking that is less than what would otherwise be required based on the City of Oxnard Municipal Code. Thus, the purpose of this memorandum is to provide an assessment as to whether the proposed supply of parking spaces would adequately serve the expected peak parking demand generated by the proposed Starbucks.

Project Description
The Project Site is currently occupied by a Wendy’s drive-through restaurant providing 2,450 square feet of building floor area, as well as an existing drivethrough lane and vehicle parking. LLG understand the Project proposes to remodel the Project Site to accommodate a Starbucks coffee shop with drive-through service.

The Project site plan is provided on Figure 1 attached to this memorandum. The building size is proposed to increase slightly to 2,500 square feet in size. In addition, the existing drive-through lane and parking area will be reconfigured so as to increase the vehicle stacking capacity within the drive-through lane. As shown on Figure 1, the Project Site will provide 20 vehicle parking spaces and the reconfigured drivethrough lane will accommodate 15 queued vehicles. In addition, six bicycle parking spaces will be provided on-site.

Code Parking
Section 16-622 within the City of Oxnard Municipal Codes provides the off-street parking requirements for various land uses, including restaurants with drive-through services. Subsection (F) of Section 16-622 provides the following off-street parking requirements applicable to the Project:
 One parking space per 50 square feet of gross (building) floor area; and

585
John Schmid
October 7, 2021

Page 2 ends

O:\0539\memo\Parking Assessment - 2551 E. Vineyard SBUX (10.07.21).docx  Stacking credit in drive through lane may count toward the required parking at basis of one auto per 23 lineal feet of striped stacking line. A maximum credit not to exceed 30 percent of total requirement or no more than 20 spaces may be applied for stacking, whichever is less.

Table 1 below provides the Code parking analysis for the Project.

Table 1
Code Parking Analysis
Project Feature Code Parking
Requirement Project Site Required Parking
Starbucks Building 1 space/50 s.f. 2,500 s.f. 50 spaces Drive-Through
Lane
Credit of 1 space
per 23 lineal feet of
vehicle stacking [a]
345 feet of drivethrough lane stacking (15) spaces
Total 35 spaces
[a] City Code limits drive-through lane parking credit to 30% of required parking (i.e., 15 spaces for this Project) or 20 spaces, whichever is less.

As previously noted, the Project proposes to provide 20 vehicle parking spaces, which is less than the Code requirement for 35 parking spaces. Thus, additional review has been conducted to assess whether the Project’s proposed supply of 20 parking spaces will adequately accommodate the forecast parking demand generated by the Project.

Starbucks Parking Demand Data
Parking demand data related to Starbucks was reviewed for purposes of assessing the adequacy of the proposed on-site parking supply at the Project Site. In March 2013, LLG collected parking demand data at an existing Starbucks coffee shop located at 450 East 17th Street in the City of Costa Mesa (the “Costa Mesa Starbucks”). The Costa Mesa Starbucks provides 2,356 square feet of building floor area, which is similar to the Project (2,500 square feet). In addition, the Costa Mesa Starbucks provides a drive-through lane, as well as vehicle parking for walk-in service. While the vehicle parking supply at the Costa Mesa Starbucks (35 spaces) is greater than the proposed Project Site, the capacity of the drive-through lane is less (accommodating approximately 10 cars) when compared to the Project. It is noted that at the time the parking counts were conducted at the Costa Mesa Starbucks, the adjoining tenant space (currently occupied by a Mendocino Farms) was vacant. 586
John Schmid
October 7, 2021

Page 3 ends

O:\0539\memo\Parking Assessment - 2551 E. Vineyard SBUX (10.07.21).docx Table A attached to this memorandum provides a summary of the parking utilization data collected hourly from 7:00 a.m. to 10:00 p.m. at the Costa Mesa Starbucks over four days (Wednesday through Saturday) in 2013. In review of Table A, the following is noted:
 The 85th percentile of parking demand was calculated to be 17 spaces utilized.

The 85th percentile factor is a commonly used by traffic engineers, for example, in determining the appropriate length of left and right-turn lanes at intersections. By comparison, the Project proposes to provide 20 on-site parking spaces, exceeding the 85th percentile factor from the Costa Mesa Starbucks data.
 There were four instances over the four days of counts (e.g., 9:00 and 10:00 a.m. on Wednesday, 8:00 a.m. on Thursday, and 12:00 p.m. on Saturday) when the number of parked vehicles exceeded 20.

It is noted that at the time of the parking survey at the Costa Mesa Starbucks in 2013, Starbucks management had stated this was one of the highest revenue locations in Southern California. Also, as additional Starbucks locations have opened in the vicinity of the Costa Mesa Starbucks since the time of the parking survey, parking demand at the site has been reduced. Thus, the parking demand data can be considered as highly conservative (“worst case”).

Parking Assessment
Based on the parking demand data from the Costa Mesa Starbucks, it can be concluded that the proposed parking supply at the Project would adequately accommodate the parking demand generated at the Project Site. As shown from the Costa Mesa Starbucks data, parking demand is typically 20 vehicles or less throughout the day, which can be readily accommodated by the proposed parking supply at the Project. During unusual peak times when more than 20 vehicles may wish to park at the Project Site, it is expected that this additional demand will be absorbed by the substantial capacity provided by the proposed enhanced drivethrough lane (i.e., incoming motorists will choose to utilize the drive-through instead of walk-in service).

In conclusion, based on the parking demand data provided by an existing Starbucks location, it is expected that the Project will provide sufficient vehicle parking to accommodate the forecast peak demand.
cc: File
587
FIGURE 1 SITE PLAN STARBUCKS - 2551 E. VINEYARD AVENUE SOURCE: MCG ARCHITECTURE LINSCOTT, LAW & GREENSPAN, engineers N 588
Wednesday Thursday Friday Saturday Surplus/Deficiency
March 13, 2013 March 14, 2013 March 15, 2013 March 16, 2013 Maximum (+/-) 15 16 12 7 16 1920 30 17 17 30 525 19 19 13 25 1021 18 17 20 21 1415 11 11 18 18 1714 12 7 23 23 1213 12 10 19 19 1614 10 9 15 15 2012 11 8 11 12 2313 12 9 10 13 22 696 7 9 26
13 6 4 6 13 22
993 6 9 26580 4 8 27120 1 2 33
100 0 1 34
Note:[1] Counts conducted by National Data and Surveying Services (NDS).During the time of the counts 35 spaces were available for parking at 450 E. 17th Street.

Indicates 85th percentile and greater values. The 85th percentile of parked vehicles is calculated to be 17 vehicles.

Indicates peak demand.
10:00 PM
4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM
10:00 AM11:00 AM
12:00 PM
1:00 PM2:00 PM3:00 PM
7:00 AM8:00 AM9:00 AM
TABLE
A
STARBUCKS PARKING SURVEY [1]
Time
589

ATTACHMENT
F

REDUCED SIGN PLANS
590

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

'UDZLQJ1R
$OO LGHDV SODQV RU DUUDQJHPHQWV LQGLFDWHG
RQWKLVGUDZLQJDUH FRS\ULJKWHG DQGRZQHG
E\6LJQ,QGXVWULHV,QFRUSRUDWHGDQGVKDOOQRW
EHUHSURGXFHGXVHGE\RUGLVFORVHGWRDQ\
SHUVRQVILUPRUFRUSRUDWLRQIRUDQ\SXUSRVH
ZKDWVRHYHU ZLWKRXW ZULWWHQ SHUPLVVLRQ RI
6LJQ,QGXVWULHV,QFRUSRUDWHG
(OHFWULFDO5HTXLUHPHQW

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
%5,'*(32,17
/21*%($&+
9,1(<$5' 5,9(53$5.67$5%8&.6&2))((
352-(&7

6725(
(9LQH\DUG$YH
2[QDUG&$

1 9,&,1,7<0$3
1RW7R6FDOH
:$//6,*16/(*(1'
'
$
&
%
´6,5(1,//80,1$7('/2*2',&6
'$<1,7('7&+$11(//(77(56
,//80,1$7('&+$11(//(77(56
'7&+$11(//(77(56
'(6&5,37,216 6T)W 47<

WRWDOVLJQ DUHDSURSRVHG
( '7(175<',5(&7,21$/
) '7(;,7',5(&7,21$/

. 3</216,*1
591
63
6,7(3/$1
6&$/(
176
1 ')*(+,
.(</(*(1'
$&%
&/($5$1&(%$5
35(0(18%2$5'
'73$1(/0(186,*1
´6,5(1/2*2',&6
'7(175$1&(',5(&7,21$/
'7(;,77+$1.<28',5(&7,21$/
'7',*,7$/25'(56&5((1
3</216,*1
'7&+$11(//(77(6
&+$11(//(77(56
-
'7&+$11(//(77(56
$%
$%
&'
(*
)
+
,-
.
.
/ 32676,*1
/

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY :HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
592

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
:(67(/(9$7,21 6&$/(
´ ¶
6287+(/(9$7,21 6&$/(
´ ¶
(/(

&
'

$
%

'
.(</(*(1'
$
&
%
´6,5(1/2*2',&6
'7&+$11(//(77(6
&+$11(//(77(56
'7&+$11(//(77(56
593

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
(/(
1257+(/(9$7,21 6&$/(
´ ¶
($67(/(9$7,21 6&$/(
´ ¶
.(</(*(1'
$
%
´6,5(1/2*2',&6
'7&+$11(//(77(6

$
%

594

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

µ,OOXPLQDWHG/RJR'LVF:DOO0RXQWHGa4W\

6FDOH
´ ¶ ,QWHUQDOO\LOOXPLQDWHGORJRGLVFZLWK6ORDQ3ULVP(QOLJKWQHZKLWHNODLGRXWDW PRGXOHVSHUIRRWµRQFHQWHULQVWDOOHGWREDFNRIGLVNZLWKVHOIFRQWDLQHG SRZHUVXSSO\ZLWK8/DSSURYHGHQFORVXUH
' )OXVKHGPRXQWHGWRIDVFLD
PLQLXP

ZLWKPLQLPXPµHPEHGPHQW

'
02817,1*+$5':$5(&+$57
µ%2/767+58:$//
µ/$*6:6+,(/'
µ/$*%2/76
µ72**/(%2/76
0$621$5<
:22'
0(7$/
$
595

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

µ'$<1,7('5,9(7+58/(77(56a4W\

6FDOHµ ·µ
¶´
´
;
6LJQPXVWEHDSSURYHGE\WKH1DWLRQDO(OHFWULFDO&RGH8QGHUZULWHUV /DERUDWRU\&8/DQGDOODSSOLFDEOHORFDOFRGHV
'LVFRQQHFWVZLWFKLQSULPDU\WREHZLWKLQVLJKWRIVLJQ VLJQLQFOXGHV
SRZHUVXSSO\HQFORVXUH
5()
1(&>%@
3ULPDU\HOHFWULFDOVRXUFH

PP
FRQGXLWPLQLPXP
5()
1(&

SURYLGHGE\LQVWDOOHU

,QWHUQDOO\LOOXPLQDWHGFKDQQHOOHWWHUVWREHIDEULFDWHGIURP DOXPLQXPZLWKSUHSDLQWHG:KLWHLQWHULRUVDQGSDLQWHG%ODFNSRO\XUHWKDQH H[WHULRUV
PP
GHHS/HWWHUVEDFNVWREH%ODFN :KLWHDOXPLQXPSRS ULYHWHGWRVLGHZDOOVDQGVHDOHG
)DVWHQOHWWHUVIOXVKWRZDOOZLWKUHTXLUHGIDVWHQHUV
$
%
&
'
&
(OHFWULF6LJQ
(QVHLJQH(OHFWULTXH
,VVXH1R(

& 86
,QWHUQDOO\LOOXPLQDWHGZLWK6ORDQ3ULVP(QOLJKWHQZKLWHNODLGRXW PRGXOHVSHUIRRWµRQFHQWHULQVWDOOHGWREDFNRIOHWWHUZLWKVORDQ SRZHUVXSSO\ZLWK8/DSSURYHGFORVXUH
'5,9(7+5863(&,),&$7,21

)DFHVWREHµFOHDUDFU\OLFZLWKEODFNWULPFDS
UHWDLQHUHGJLQJOHWWHUVIDFHWREH0GD\QLWHSHIRUDWHG YLQ\ORYHUOD\ZLWKZKLWH0GLIIXVHUVHFRQGVXUIDFH
% VLJQDUHDVTIW
596

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

& µ'$<1,7(&+$11(//(77(56a4W\

6&$/(
µ · $
%
&
'
67$5%8&.663(&,),&$7,21

6LJQPXVWEHDSSURYHGE\WKH1DWLRQDO(OHFWULFDO&RGH8QGHUZULWHUV /DERUDWRU\&8/DQGDOODSSOLFDEOHORFDOFRGHV
'LVFRQQHFWVZLWFKLQSULPDU\WREHZLWKLQVLJKWRIVLJQ VLJQLQFOXGHV
SRZHUVXSSO\HQFORVXUH
5()
1(&>%@
3ULPDU\HOHFWULFDOVRXUFH

PP
FRQGXLWPLQLPXP
5()
1(&

SURYLGHGE\LQVWDOOHU

,QWHUQDOO\LOOXPLQDWHGFKDQQHOOHWWHUVWREHIDEULFDWHGIURP DOXPLQXPZLWKSUHSDLQWHG:KLWHLQWHULRUVDQGSDLQWHG%ODFNSRO\XUHWKDQH H[WHULRUV
PP
GHHS/HWWHUVEDFNVWREH%ODFN :KLWHDOXPLQXPSRS ULYHWHGWRVLGHZDOOVDQGVHDOHG
)DVWHQOHWWHUVIOXVKWRZDOOZLWKUHTXLUHGIDVWHQHUV
&
(OHFWULF6LJQ
(QVHLJQH(OHFWULTXH
,VVXH1R(

& 86
,QWHUQDOO\LOOXPLQDWHGZLWK6ORDQ3ULVP(QOLJKWHQZKLWHNODLGRXW PRGXOHVSHUIRRWµRQFHQWHULQVWDOOHGWREDFNRIOHWWHUZLWKVORDQ SRZHUVXSSO\ZLWK8/DSSURYHGFORVXUH
)DFHVWREHµZKLWHDFU\OLFIDFHVZLWK0'D\1LWHSHUIRUDWHGYLQ\OEODFNWULP FDSUHWDLQHUHGJLQJO
'HVLJQ

)OXVKHGPRXQWHGWRIDVFLD
ZLWKPLQLQXPµODJEROWV
¶´
´
/('/$<287 6FDOH
´ ¶ VLJQDUHDVTIW
597

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
µ'$<1,7('5,9(7+58/(77(56a4W\

6FDOHµ ·µ
;
6LJQPXVWEHDSSURYHGE\WKH1DWLRQDO(OHFWULFDO&RGH8QGHUZULWHUV /DERUDWRU\&8/DQGDOODSSOLFDEOHORFDOFRGHV
'LVFRQQHFWVZLWFKLQSULPDU\WREHZLWKLQVLJKWRIVLJQ VLJQLQFOXGHV
SRZHUVXSSO\HQFORVXUH
5()
1(&>%@
3ULPDU\HOHFWULFDOVRXUFH

PP
FRQGXLWPLQLPXP
5()
1(&

SURYLGHGE\LQVWDOOHU

)DFHVWREHµFOHDUDFU\OLFZLWKEODFNWULPFDS
UHWDLQHUHGJLQJOHWWHUVIDFHWREH0GD\QLWHSHIRUDWHG YLQ\ORYHUOD\ZLWKZKLWH0GLIIXVHUVHFRQGVXUIDFH
'

¶´
´
VLJQDUHDVTIW
598

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

')'5,9(7+58',5(&7,21$/6,*16a4W\

6FDOH
´ ¶ 6LGH6WUHHW9LHZ )URQW9LHZ 6WRUH6LGH9LHZ 5HDU9LHZ 'HVLJQ,'
3ULVP(QOLJKWHQZKLWH
./('·V
3RZHU6XSSO\
,QWHUQDOO\LOOXPLQDWHGORJRGLVFZLWK6ORDQ3ULVP(QOLJKWHQZKLWH NODLGRXWDWPRGXOHVSHUIRRWµRQFHQWHU ZLWKVHOIFRQWDLQHGSRZHUVXSSO\ZLWK8/DSSURYHGHQFORVXUH (
599

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

6,*1,1'8675,(6,1&
&$/,)251,$

67$5%8&.6'5,9(7+586,*1$*(
',5(&7,21$/6,*1$*(

600

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
')(;,7',5(&7,21$/6,*16a4W\

6FDOH
´ ¶ 6LGH6WUHHW9LHZ )URQW9LHZ 6WRUH6LGH9LHZ 'HVLJQ,'

,QWHUQDOO\LOOXPLQDWHGORJRGLVFZLWK6ORDQ3ULVP(QOLJKWHQZKLWH NODLGRXWDWPRGXOHVSHUIRRWµRQFHQWHU ZLWKVHOIFRQWDLQHGSRZHUVXSSO\ZLWK8/DSSURYHGHQFORVXUH 3ULVP(QOLJKWHQZKLWH
./('·V
3RZHU6XSSO\
5HDU9LHZ
)
601

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

6,*1,1'8675,(6,1&
&$/,)251,$

67$5%8&.6'5,9(7+586,*1$*(
',5(&7,21$/6,*1$*(

602

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

'HVLJQ,'
)5((67$1',1*'7&/($51$1&(%$5$552:6(5,(6a4W\

6FDOH
´ ¶ )URQW9LHZ 5LJKW9LHZ (QG9LHZ *
603

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

604

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

'5,9(7+5835(0(186,*1a4W\

6FDOH
´ ¶ ,167$//$7,2121/<
'HVLJQ,'
35(0(186,*1 +
605

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

606

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

'5,9(7+58',*,7$/25'(53267a4W\

176 +
,167$//$7,2121/<
'HVLJQ,'
607

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

'5,9(7+58',*,7$/25'(56&5((1a4W\

,167$//$7,2121/<21 176 'HVLJQ,' ´
´
+
608

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

609

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
'5,9(7+583$1(/0(186,*1a4W\

6FDOH
´ ´ ,167$//$7,2121/<
3$1(/0(186,*1 'HVLJQ,'

-
610

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

611

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6

6LJQ6SHFLÀFDWLRQV

'LVN&DELQHW

6WHHODQJOHIUDPHZLWK´>PP@DOXPLQXP¿OOHUSDLQWHGEODFNWR PDWFK5$/0 6LJQ&RPSUHWUREOHHGÀH[IDFHUHWDLQHUSDLQWHGEODFNWRPDWFK 5$/0 $UHDVXVLQJEODFNSDLQWWRPDWFK5$/0VKDOOKDYHDPD[ JORVVOHYHOPDWFKVDPSOH )OH[LEOHIDFHVXEVWUDWHZLWK¿UVWVXUIDFHDSSOLHG0 +ROO\*UHHQYLQ\O¿OP:KLWHVLUHQWREHZHHGHGRXWRIJUHHQYLQ\O ,QWHULRUDOXPLQXPVXUIDFHVRIVLJQFDELQHWWREHSDLQWHGZKLWHZLWK/DFU\O 6WDUEULWH $OOIDVWHQHUVXVHGLQWKHDVVHPEO\RILQWHUQDOFRPSRQHQWVVKDOOEH FRDWHGWRSUHYHQWFRUURVLRQ ,QWHUQDOVWUXFWXUHRIFDELQHWVKDOOEHSHUDSSURYHGVKRSGUDZLQJV *UDSKLFHOHPHQWVDUHLQWHUQDOO\LOOXPLQDWHGXVLQJ*(7HWUD3RZHUVWULSV '6/('PRGXOHVPRXQWHGRQ*(3RZHUVWULS5DLORSHUDWLQJRII
*(368SRZHUVXSSOLHVLQIDEULFDWHGUDFHZD\VRU6WDUEXFNV DSSURYHGHTXDO$OOHOHFWULFDOFRPSRQHQWVDUHUHPRYDEOHIRUVHUYLFH 7RUVLRQWXEHDVVHPEO\WREHFRQVWUXFWHGRI[[ >PP[PP[PP@VTXDUHVWHHOWXEHZLWK>PP@DOXPLQXP¿OOHU WRSDQGERWWRP$VVHPEO\SDLQWHGEODFNWRPDWFK5$/0 'ULYH7KUX&DELQHW
6WHHODQJOHIUDPHZLWKH[WUXGHGDOXPLQXPUHWDLQHUVDQG´>PP@ DOXPLQXP¿OOHUSDLQWHGEODFNWRPDWFK5$/0 $UHDVXVLQJEODFNSDLQWWRPDWFK5$/0VKDOOKDYHDPD[ JORVVOHYHOPDWFKVDPSOH ´>PP@SLJPHQWHGZKLWHVRODUJUDGHSRO\FDUERQDWHIDFHSDQHOWR PDWFK5 +ZLWK RSDTXHEODFNYLQ\OFRS\DQG FKHYURQVWREHZHHGHGRXW ,QWHULRUDOXPLQXPVXUIDFHVRIVLJQFDELQHWWREHSDLQWHGZKLWHZLWK/DFU\O 6WDUEULWH $OOIDVWHQHUVXVHGLQWKHDVVHPEO\RILQWHUQDOFRPSRQHQWVVKDOOEH FRDWHGWRSUHYHQWFRUURVLRQ ,QWHUQDOVWUXFWXUHRIFDELQHWVKDOOEHSHUDSSURYHGVKRSGUDZLQJV *UDSKLFHOHPHQWVDUHLQWHUQDOO\LOOXPLQDWHGXVLQJ*(7HWUD3RZHUVWULSV '6/('PRGXOHVPRXQWHGRQ*(3RZHUVWULS5DLORSHUDWLQJRII

*(36SRZHUVXSSO\LQIDEULFDWHGUDFHZD\RU6WDUEXFNVDSSURYHG HTXDO$OOHOHFWULFDOFRPSRQHQWVDUHUHPRYDEOHIRUVHUYLFH 6XSSRUW

6XSSRUWLQJVWUXFWXUHZLOOEHDOOZHOGHGVWHHOWXEHSLSHFKDQQHODQG SODWHFRQVWUXFWLRQSDLQWHGEODFNWRPDWFK5$/0DVSHUDSSURYHG VKRSGUDZLQJV %DVHSODWHZLOOEHFRQVWUXFWHGVRWKDWLWFDQEHUHWUR¿WWDEOHWRH[LVWLQJ VLJQIRXQGDWLRQV$OOIRXQGDWLRQVH[LVWLQJDQGQHZPXVWEHDQDO\]HGIRU VXLWDELOLW\DQGPXVWPHHWDOOORFDOFLW\RUVWDWHFRGHVUHJXODWLRQV 5HJXODWRU\

6LJQPXVWPHHWDOOUHJXODWLRQVLQWKH1DWLRQDO(OHFWULF&RGHDVZHOODV DQ\ORFDORUVWDWHHOHFWULFDOFRGHV $VSHU1(&VLJQLVHTXLSSHGZLWKDVHUYLFHGLVFRQQHFWVZLWFK 6LJQPXVWEHOLVWHGDVDQ(OHFWULF6LJQSHU8QGHUZULWHUV/DERUDWRULHV 8/DQGRU&6$DQGEHDUWKHDSSURSULDWH8/&8/RU&6$UHOHYDQW FHUWL¿FDWLRQPDUNV 3ULPDU\SRZHUE\HOHFWULFDOFRQWUDFWRUSHU1(& 7KHVH'UDZLQJVDQG6SHFL¿FDWLRQVDUHFRQ¿GHQWLDODQGVKDOOUHPDLQWKH VROHSURSHUW\RI6WDUEXFNV&RUSRUDWLRQZKLFKLVWKHRZQHURIWKHFRS\ULJKW LQWKLVZRUN7KH\VKDOOQRWEHUHSURGXFHG
LQZKROHRULQSDUW
VKDUHGZLWK
WKLUGSDUWLHVRUXVHGLQDQ\PDQQHURQRWKHUSURMHFWVRUH[WHQVLRQVWRWKLV SURMHFWZLWKRXWWKHSULRUZULWWHQFRQVHQWRI6WDUEXFNV&RUSRUDWLRQ 7KLVGUDZLQJLVD'HVLJQ'HYHORSPHQW'RFXPHQW6LWHVSHFL¿FPRGL¿FDWLRQV PDGHXQGHUWKHUHVSRQVLEOHFKDUJHRIWKH$UFKLWHFWDQGRU(QJLQHHURI 5HFRUGZLOOEHUHTXLUHGSULRUWRXVLQJWKLVGRFXPHQWIRU%LGGLQJ3HUPLWWLQJ RU&RQVWUXFWLRQ
0
'HVLJQ,'
9ROWV $PSV 6T)W 6L]H 6T)W

PP

)LJXUHGDVLOOXPLQDWHGDUHD

)LJXUHGDVFRPSOHWHVLJQDJH
)URQW(OHYDWLRQ9LHZ 6LGH9LHZ
9HUWLFDO&URVV6HFWLRQ9LHZ7\S
5HDU9LHZ
*(368SRZHUVXSSO\LQ
IDEULFDWHGUDFHZD\W\SRUHTXDO
*(36SRZHUVXSSO\LQ
IDEULFDWHGUDFHZD\W\SRUHTXDO
*(7HWUD3RZHUVWULS'6/('PRGXOH
RQ3RZHUVWULSUDLO

RU6WDUEXFNVDSSURYHGHTXDO
*(7HWUD3RZHUVWULS'6/('PRGXOH
RQ3RZHUVWULSUDLO

RU6WDUEXFNVDSSURYHGHTXDO /LTXLG7LJKWULJLGFRQGXLW
+LQJHGDFFHVVSDQHO
IRUVHUYLFH
ERWKVLGHV

:HDWKHUSURRIGLVFRQQHFW
VZLWFKZLWKVHDOLQJERRW
:HDWKHUSURRIGLVFRQQHFW
VZLWFKZLWKVHDOLQJERRW

>PP@

>PP@
>PP@

>
PP@

'LD>PP@

>PP@

>PP@

> PP@

>PP@
´>PP@SLJPHQWHGZKLWH6*SRO\FDUERQDWHIDFH
SDQHOWRPDWFK5 +ZLWK RSDTXH
EODFNYLQ\OFRS\DQGFKHYURQVWREHZHHGHGRXW
0
3$,17(;,67,1*3,3(%/$&.
720$7&+5$/0
6WHHOSLSH
6WHHODQJOHIUDPHZLWK6LJQ&RPSÀDWEOHHGUHWURIUDPH DQG>PP@DOXPLQXP¿OOHUSDLQWHGEODFNWRPDWFK 5$/0PDWFKVDPSOH
6WHHODQJOHIUDPHZLWKH[WUXGHGDOXPLQXPUHWDLQHUVDQG
>PP@DOXPLQXP¿OOHUSDLQWHGEODFNWRPDWFK
5$/0PDWFKVDPSOH
6WHHOWRUVLRQWXEHDVVHPEO\SDLQWHGEODFNWRPDWFK
5$/0PDWFKVDPSOH
)OH[LEOHIDFHVXEVWUDWHZLWK¿UVWVXUIDFHDSSOLHG0 +ROO\*UHHQYLQ\O¿OP:KLWHVLUHQWREHZHHGHGRXWRI JUHHQYLQ\O
6WHHOSLSHW\SSDLQWHGEODFNWRPDWFK
5$/0PDWFKVDPSOH

>PP@

>PP@

>PP@

>PP@

>PP@
:HDWKHUSURRIGLVFRQQHFWVZLWFKZLWKVHDOLQJERRW
6T)W

1(:/2*2$1'&$%,1(7)25(;,67,1*32/( . 47<

6FDOH

612

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
1HZ6SHF$XJXVW

613

&DUULOOR3ULYDGR2QWDULR&$

)D[

(PDLO
GHVLJQ#VLJQLQGXVWULHVWY
:HE
ZZZVLJQLQGXVWULHVWY
3DJH

/RFDWLRQ

'DWH

6DOHV5HS

&OLHQW$SSURYDO

3URMHFW

'DWHRI$SSURYDO

'UDZQE\

9ROWV 9ROWV
3DXO/
/6
(9LQH\DUG$YH
2[QDUG&$

/6

/6
',5(&7%85,$/'(7$,/
32676,*1 /
6FDOH
µ · 72%($/80,1803$1(/6:,7+5$',86&251(56
$1'3$,17(':+,7(6(0,*/266),1,6+
3$1(/

63(&,),&$7,216

&23<$552:6
72%($33/,(':+,7(23$48(9,1</
127(6
67$5%8&.6*(1(5$/&2175$&725
*&
:,//3529,'(
$1',167$//3$5.,1*32/(3(5127('6,7(3/$1

47<

614

ATTACHMENT
G
RESOLUTION NO. 2021-XX
(MAJOR MODIFICATION TO U-916)
615
RESOLUTION NO. 2021 - XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 21-550-01 (MAJOR MODIFICATION TO U-916 (SPECIAL USE PERMIT)) TO ALLOW FOR MODIFICATIONS TO AN EXISTING 2,450 SQUARE-FOOT

DRIVE-THROUGH FAST FOOD RESTAURANT BUILDING AND TO
ALLOW FOR A 2,500 SQUARE-FOOT STARBUCKS DRIVE-THROUGH
COFFEE SHOP ON A 0.66 ACRE PROJECT SITE AND ADMINISTRATIVE

PARKING RELIEF TO DECREASE THE NUMBER OF REQUIRED PARKING SPACES FROM 50 TO 35 (INCLUDING 15 SPACES WHICH ARE PROVIDED VIA THE DRIVE-THROUGH QUEUE) AND TO ALLOW FOR 11 COMPACT PARKING SPACES, LOCATED AT 2551 NORTH VINEYARD AVENUE (APN:
132-0-043-215), SUBJECT TO CERTAIN FINDINGS AND CONDITIONS.

FILED BY BEVERLY METZ, OF STARBUCKS, (APPLICANT) 555 ANTON BOULEVARD, COSTA MESA, CA 92626.

WHEREAS, on February 12, 2021, Jennifer Cribbs (the “Applicant” and/or “Permittee”) submitted a request to allow for modifications to an existing 2,450 square-foot drive-through fast food restaurant building to allow for a Starbucks drive-through coffee shop on a 0.66 acre site. The proposed improvements will consist of a small addition, facade changes, revised signage, upgraded landscaping, new parking lot striping, drive-through lane modification to allow for an extended queuing lane to allow for a maximum capacity of 16 vehicles. The request also includes a request for a parking modification to allow for a reduction in the amount of required parking from 50 parking spaces to 35 parking spaces, including 15 spaces which are provided via the drive-through queue. The parking modification will also allow for 11 of the parking spaces to be compact parking spaces. The project includes a Transportation Demand Management Plan. The project is located in the General Commercial Planned Development (C-2-PD) zone at 2551 North Vineyard Avenue (APN: 132-0-043-215); and WHEREAS, on November 4, 2021, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the proposed Project, to consider the Applicant’s request to approve Planning and Zoning Permit No. 21-550-01 (Major Modification) to allow for modifications to an existing 2,450 square foot drive-through fast food restaurant building to allow for a Starbucks coffee shop on a 0.66 acre site (the “Project”), in accordance with Section 16-561 of the Oxnard City Code (OCC) and to allow for a parking modification to allow for 1) a reduction in the amount of required parking from 50 parking spaces to 35 parking spaces, including 15 spaces which are provided via the drive-through queue, and 2) a parking modification to allow for 11 of the parking spaces to be compact parking spaces in accordance with Section 16-651 of the OCC; and WHEREAS, Sections 16-561, 16-651(B)(3) and 16-651(B)(4) of the OCC authorize the Planning Commission to approve a Major Modification and relief from parking requirements; and 616
Resolution No. 2021-XX (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: November 4, 2021

Page 2 of 24 ends

Oxnard City CouncilFebruary 15, 2022

Oxnard City Council
February 15, 2022