WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the project meets the criteria set out in Sections 16-651(B)(3) and 16-651(B)(4) of the OCC; and
WHEREAS, the Project has been reviewed by the Development Advisory Committee (DAC) and the DAC has prepared conditions of approval that are incorporated within the recommended permits; and
WHEREAS, the Planning Commission finds that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the Planning Commission Staff Report; 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 Class 1 Categorical Exemption (Section 15301). Further, the project does not trigger any of the Exceptions to the Exemptions (15300.2):
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 has a 2030 General Plan land use designation of Commercial General and is in the General Commercial - Planned Development (C-2-PD) zoning designation. The project is currently developed with an existing fast food drive-through restaurant and is surrounded by other commercial and residential urban development. 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 existing development consists of a drive-through fast food restaurant. The proposed development would intensify the use and modify the operational characteristics of the existing development to allow the proposed drive-through coffee shop, but the project also includes site modifications which are intended to improve the site conditions including circulation and aesthetics. As such, the proposed Project is consistent with the 2030 General Plan and Oxnard City Code and is compatible with the physical scale and character of allowable development in the project area. Any projects requiring discretionary approval would be analyzed with the General Plan and the Oxnard City Code for consistency and CEQA for any potential impacts. Therefore, the project will have no significant 617
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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 existing development consists of a drive-through fast food restaurant. The proposed development would intensify the use and modify the operational characteristics of the existing development to allow the proposed drive-through coffee shop, but the project also includes site modifications which are intended to improve the site conditions including circulation and aesthetics. The proposed site improvements 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 urban development (commercial and residential) character of the surrounding development and the property does not contain any unusual environmental characteristics as the property will be surrounded on all sides by 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.
F. Historical Resources. A categorical exemption shall not be used for a project, which may cause a substantial adverse change in the significance of a historical resource.
The project site does not contain an existing or potential landmark, point of interest, or historic resource, and it is not located within an existing, proposed, or potential Historic District. Therefore, the proposed project will not cause a substantial adverse change in the significance of a historical resource.
WHEREAS, the Planning Commission finds after due study and deliberation that the that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, 618
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providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular. .
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the Special Use Permit Staff Report and all attachments thereto, the Planning Commission finds:
1. The proposed use is in conformance with the General Plan and other adopted policies of the City of Oxnard.
As described in the Staff Report, the existing development consists of a drive-through fast food restaurant. The proposed development would intensify the use and modify the operational characteristics of the existing development to allow the proposed drive-through coffee shop. The Project is within the General Commercial Planned Development (C-2-PD) zone district which is consistent with the 2030 General Plan land use designation of Commercial General.
As discussed in detail in the Planning Commission Staff Report Sections b, c, d, e, f, and g, the Project, as designed and conditioned, meets all applicable development standards with the approval of the Administrative Parking Relief under OCC 16-651(B)(3), “Compact parking spaces” to allow for 11 of the required parking spaces to be compact spaces, and OCC 16-651(B)(4), “Decrease in required parking spaces” to reduce the number of required parking spaces.
The new business and associated improvements does not change the land use of the subject site. The project site is not subject to a Specific Plan. Therefore, the proposed project is in compliance with the 2030 General Plan and other adopted policies of the City of Oxnard and 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 the adjacent uses, buildings or structures or to the public health, safety or general welfare.
As described in the Staff Report, pursuant to the 2030 General Plan land use designation “Commercial General” and the General Commercial - Planned Development (C-2 PD) zoning district, the proposed use of the project site as a drive-through coffee shop, is an allowed use, subject to a Special Use Permit. The surrounding uses are characterized by commercial uses, which are predominantly commercial centers, other drive-through facilities serving food products, and residential uses. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building, Fire, and Traffic Codes. Additionally, the redesign of the Project and the included conditions of approval, will minimize the potential for impacts to adjacent roadways and properties. 619
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Therefore, the proposed use and improvements, as conditioned, will not 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).
As described in the Staff Report, the project as designed and conditioned meets the development standards of the General Commercial Planned Development (C2-PD) zone as described above in Finding Section 1(1). 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. As such, the subject site is adequate in terms of size and as developed the development meets or exceeds City’s design standards.
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 existing development consists of a drive-through fast food restaurant. The proposed development would intensify the use and modify the operational characteristics of the existing development to allow the proposed drive-through coffee shop. The Project site is and will be accessed from Riverpark Boulevard via the existing driveways. 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.
The project has provided and been conditioned to implement a Transportation Demand Management Plan (TDMP) that identifies how the internal circulation of the site shall be managed, back-ups are avoided, and conflicting turning movements are to be avoided with the introduction of the new business operations. Therefore, the site has sufficient access to streets and highways that are adequate in size and existing intersections adjacent to the project site will operate at acceptable levels of service.
5. The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities. 620
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As described in the Staff Report, the existing development consists of a drive-through fast food restaurant. The proposed development would intensify the use and modify the operational characteristics of the existing development to allow the proposed drive-through coffee shop. The proposed Project improvements have been found to be consistent with anticipated development for this site. Furthermore, the Project will be served by existing City of Oxnard water and sewer mains and adequate Fire Protection will be provided as determined by the Development Advisory Committee.
In accordance with the Stormwater Quality Conditions of this Resolution, the Project’s design will comply with stormwater control measures as required by the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit. The Project is consistent with the level of development identified under the General Plan and Oxnard City Code, and therefore are within the anticipated level of development. The project is not anticipated to result in any significant impacts to utilities and public services. Therefore, the site for the proposed use will be provided with adequate sewage, water, fire protection and storm drainage facilities.
SECTION 2. The Planning Commission, in accordance with the California Environmental Quality Act (CEQA), determines that the Project will not have a significant impact on the environment and is categorically exempt from CEQA pursuant to CEQA Guidelines §15301 (Class 1) of the State CEQA Guidelines. The Project involves a request to convert an existing drive-through fast food restaurant to a 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. This will work to prevent impacts to adjacent roadways. In addition, to the design improvements a 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. The Planning Commission has determined that there is no substantial evidence that the project will have a significant effect on the environment and no Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. The Planning & Environmental Services Manager is hereby authorized and directed to file a Notice of Exemption with the Ventura County Clerk pursuant to Section 15602 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.
SECTION 3. Based on the findings set forth herein and the Staff Report and all attachments thereto, the Planning Commission hereby approves Planning and Zoning Permit No. 21-550-01 (Major Modification), subject to the attached conditions of approval.
SECTION 4. The decision of the Planning Commission shall be final unless an appeal of the action is filed in accordance with the provisions of Section 16-545 of the Oxnard City Code.
SECTION 5. The Secretary shall certify the adoption of this Resolution. 621
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CONDITIONS OF APPROVAL
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
DS Dev Services/Eng Dev/Inspectors TR Traffic
PD Police B Building Plan Checker
SC Source Control FD Fire
PK Landscape Design CE Code Enforcement
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 November 4, 2021, (“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. This permit shall automatically become null and void 36 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by the issuance of a grading, foundation, or building permit and the construction of substantial improvements (PL, G-3).
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4. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)
5. By commencing any activity related to the Project or using any structure authorized by this permit, 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).
6. Applicant agrees, as a condition of adoption of this resolution, at Applicant’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).
7. 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).
8. 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).
9. Developer 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 except as modified by the Administrative Parking Relief granted by the Planning Commission. (PL/B, G-9).
10. Before placing or constructing any signs on the Project property, Applicant shall 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).
11. Developer shall obtain a building permit for any new construction or modifications to structures, including interior modifications, authorized by this permit. (B, G-11)
12. Developer shall not permit any combustible refuse or other flammable materials to be burned on the project property. (FD, G-12)
13. Developer 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)
14. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)
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15. Prior to issuance of building permits, Developer 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).
LANDSCAPE STANDARD CONDITIONS
16. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1)
17. Prior to issuance of building permits or the proposed use is initiated, whichever comes first, Developer shall submit two copies of landscape and irrigation plans, along with the appropriate permit application and fees, to the Development Services Division and obtain approval of such plans. (PK/DS, PK-2)
18. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic irrigation systems that have been approved by Parks and Facilities Superintendent. (PK, PK-3)
19. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensue compliance (PK, PK-4)
20. Prior to the issuance of City issues a certificate of occupancy, Developer shall provide a watering schedule to the building owner or manager and to Planning Division or designee.
The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (PK, PK-5)
21. All trees planted or placed on the property by Developer shall be at least 24-inch-box size.
All shrubs and vines shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6)
22. At the time of landscape plan check submittal, the landscape planting and irrigation plans shall comply with the current title 23 Model Water Efficient Landscape Ordinance (MWELO). (PK, PK-7.1)
23. Developer shall install an irrigation system that includes a water sensor shut off device as a water conservation measure. (PK, PK-22)
24. At time of submittal to the Building and Engineering Division for plan check, Developer’s Landscape Architect or Architect shall provide the City with written confirmation that they have reviewed the civil engineering construction drawings and that the NPDES requirements are not in conflict with meeting the City’s landscape requirements. (PK, PK-23)
25. Developer shall include a note on the Landscape Plans submitted to the Building and Engineering Division for a building permit that “all landscaping and irrigation comply with Ordinance No. 2822, which adopted the City of Oxnard Landscape Water Conservation Standards, and applicable water conservation requirements of the State of California”. (PK, PK-24)
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26. At the time of Plan Check submittal, the landscape plans shall contain an exhibit titled “Tree Tabulation Chart”. The Tree Tabulation Chart shall contain a listing of all existing trees on site and shall refer to them by number as identified in the Arborist’s Tree Report.
The Tree Tabulation Chart shall clearly list all trees to remain, be removed or transplanted. The Chart shall contain the Arborist’s economic appraisal value of each tree(s) removed as well as computations and calculations showing how the value of the removed tree(s) was put back into new tree sizes for the project that are in addition to meeting the City’s minimum tree size of 24” box. (PK)
PLANNING DIVISION SPECIAL CONDITIONS
27. Developer shall mitigate air quality emissions associated with development of the subject site through a contribution to the City’s Transportation Demand Management (TDM) program. Such fee shall be calculated at the time of building permit issuance in accordance with the Ventura County Air Quality Assessment Guidelines, as amended.
Such fee shall be collected in full prior to building permit issuance. (MND, C-9)
28. Developer shall remove any and all graffiti from the project premises within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the underlying colors and/or design, and shall not look like a paint patch.
29. Before the City issues building permits, Developer shall provide a Graffiti Deterrent Plan, subject to the approval of the Planning Manager. Such plan shall include such elements as clear film on windows and/or mirrors, as well as washable paint and sealers on the building and perimeter walls. (PL)
30. Applicant shall screen, to the satisfaction of the Planning Manager, any HVAC equipment visible from the public right-of-way. Screening plants shall be consistent with other species on the property and a minimum size of five gallons. (PL)
31. Applicant shall seek approval for the proposed monument sign under separate building permit. (PL)
32. Prior to building permit issuance, the developer shall provide a public improvement plan which identifies, and includes, city fiber optic network infrastructure. This shall be established by installing fiber optic infrastructure to the project's frontage on the east side of Riverpark Blvd according to city specifications. The fiber optic network infrastructure must be included in the project's master utility plans and installed prior to the granting of a certificate of occupancy.
33. Prior to submitting plans to Building and Engineering for Plan Check, the project plans are to be modified to add trees and drive-through screening along Vineyard Avenue to the satisfaction of the Community Development Director. No less than four trees shall be added spaced approximately 40 feet apart. In addition to the trees a 36-inch high landscape berm or a combination of a 36-inch high decorative wall and landscaping shall be provided to screen the drive-through lane.
34. Design measures to avoid vehicle and pedestrian/bicycle conflicts shall be maintained.
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and sidewalks to the building entrance. Well articulated pedestrian routes and zones shall be maintained on the site, linking building entrances and parking areas. Drive-through lanes should be maintained to minimize conflicts with pedestrian walkways, bicycle routes, and paths of travel. Drive-through lanes that obstruct a pedestrian pathway between parking areas or sidewalks and entries into the building should maintain a pedestrian crossing that is delineated by landscaping, striping, curbing, and raised or decorative paving to separate pedestrian and vehicular access and circulation to the satisfaction of the Community Development Director.
35. The location of drive-through facilities in relation to the building, including the location of the pick-up windows, stacking lane, and vehicle access, shall be oriented in a manner such that headlight glare is not directed towards oncoming traffic on public streets, or is to be screened with landscaping, berms, walls or other means to the satisfaction of the Community Development Director.
36. The drive-through may operate 24 hours per day but the speaker box shall be equipped with an automatic volume control. The design of the drive-up audio system shall control and minimize the volume of the system to comply with the City's Noise Regulations in order to control unnecessary, excessive and annoying noises which could be detrimental to the public health and welfare to the satisfaction of the Community Development Director.
37. Prior to the issuance of a Building Permit, the Applicant/Operator is to submit a draft Transportation Demand Management Plan (TDMP) that identifies how the internal circulation of the site shall be managed, back-ups are avoided, and conflicting turning movements are to be avoided with the introduction of the new drive-through use. The TDMP should describe solutions that are available through personnel, technology and/or temporary and permanent barriers. For instance, the Applicant may propose using roving staff with mobile ordering devices when the drive-through exceeds the designed capacity.
Prior to the issuance of a Certificate of Occupancy, the Community Development and Public Works Departments shall approve the TDMP.
38. After implementation of the TDMP, and upon the determination of the Community Development or Public Works Departments that the TDMP created for the drive-through use is not functioning effectively, or upon any future modification or expansion, the TDMP shall be comprehensively re-evaluated by the Community Development and Public Works Departments. This TDMP re-evaluation work effort shall be accompanied by a filing fee determined by the Community Development Director and Public Works Director to address staff review time by Community Development and Public Works staff.
39. All dining establishments with cooking operations shall implement best management practices to minimize the potential release of food processing facility odors and smoke outside the building as could be detected at the property line. Such best practices could include changing operating practices, improving maintenance of cooking equipment, installing odor control equipment, and/or upgrading venting systems to control unnecessary, excessive and annoying odors or smoke which in the judgement of the City of Oxnard or the Ventura County Air Pollution Control District is determined to be a public nuisance or to be detrimental to the public health and welfare. 626
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40. No alcohol use of any type is approved as a part of this action. A separate alcohol use request must receive a Special Use Permit approved by the City and Alcohol Beverage Control prior to inauguration of the use.
41. Developer shall repair and/or replace any existing broken or damaged sidewalk, curb gutter or asphalt paving adjacent to property due to the construction of the Project, as directed by the City Inspector. (DS)
42. Developer shall construct a waste enclosure, with a roof and level concrete pad for the storage of the required containers out of view of the public street. Developer shall provide a concrete apron in front of the enclosure to facilitate proper servicing. Enclosure gates must be constructed to allow eight (8) feet of clear space to allow passage of the City issued containers. (DS)
PLANNING DIVISION STANDARD CONDITIONS
43. 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)
44. Before the City issues building permits, Developer shall include a reproduction of all conditions of this permit as adopted by Resolution of the Community Development Director in all sets of construction documents and specifications for the project. (PL, PL-3)
45. Before the City issues building permits, Developer 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 Community Development Director. Developer may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)
46. Developer acknowledges that because of population limitations placed on the City by the Air Quality Management Program, approval of this permit does not guarantee that the City will issue building permits. The City’s issuance of building permits may be delayed as a result of implementation of an air quality plan. (PL, PL-5)
47. Developer may not modify any use approved by this permit unless the Planning Division Manager determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-7)
48. Developer 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
49. During the plan check review process, the Developer 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 627
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factors such as tree locations, off-site or adjacent lighting. (PL)
50. Prior to issuance of building permits, Developer shall demonstrate that light standards illustrated on conceptual lighting plan do not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet.
51. 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. Developer shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street. Developer 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)
52. 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)
53. Prior to issuance of building permits, Developer 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).
POLICE DEPARTMENT STANDARD CONDITIONS
54. A condition of approval requires compliance with the Outdoor Lighting Code & Guideline
a. 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.
b. 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:
i. 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.
ii. Luminaires with 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.
c. 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 food-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.
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55. Graffiti shall be removed within 48-hours of application. (PD)
56. Police recommends graffiti/etching-resistant film application on accessible windowpanes. (PD)
57. Exterior security lighting shall be on photocells and shall be on from dusk to dawn.
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 scheme. (PD)
58. LED or similar in nature and spectrum (3,000K to 20,000K Correlated Color Temperature). (PD)
59. 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. (PD)
60. 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. (PD)
61. Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. 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 walking/driving surface. This plan shall be submitted and approved prior to the issuance of building permits. (PD)
62. Porte Cocheres and drive-up window areas shall be illuminated between 15 and 30 foot-candles with a gradual drop off transition to adjacent parking/walking areas having illumination of 4 to 7 foot-candles. (PD)
63. Landscape elements shall be arranged to provide clear lines of sight and eliminate potential places of concealment. (PD)
64. Trees shall not be located where they would conflict with lighting instruments.
Appropriate proximity is based on a tree’s canopy size at twenty-year maturity. (PD)
65. Creeping fig or similar climbing vine shall be used to dissuade the application of graffiti on CMU walls. This specifically includes trash enclosures, where adjacent to landscaped planters. (PD)
66. A security camera system is required to be installed, operated and maintained and shall meet or exceed 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 capture ability to identify persons conducting 629
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transactions or entering the business.
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 at least 30 days.
f. Video system shall operate 24-hours a day.
g. Recorded images shall bear a date and time stamp that cannot be altered. h. Prior to the installation of a security camera system applicant shall submit a plan showing location of cameras and the scope of their capture area. The plan shall include a list of components.
i. Camera installations intended to capture images of faces are best located so they target doorways and choke-points for foot traffic.
j. Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
k. Cameras shall be installed to capture head and shoulder images of persons entering any entrance to the building. Such cameras shall be mounted no higher than 7-feet above the floor in order to capture quality images of faces. l. The security camera system shall be maintained in good working order. m. Images from the security camera system shall be made available to any member of the Oxnard Police Department pursuant to a police investigation or inspection of the operability of the camera system. Requested images shall be delivered in a timely manner.
n. Questions concerning security camera requirements can be sent to [email protected]
67. An intrusion alarm system shall be installed and maintained. It shall utilize motion and infrared technology to differentiate between human and non-human motion or other technology approved by the Chief of Police or his/her designee. The alarm system shall be compliant with Oxnard City Code 11-95 through 11-100.
DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS
68. 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)
69. Developer shall have the site improvement plans prepared using standard DevelopmentServices Division format(s) by a civil engineer licensed in the State of California. The plans shall incorporate recommendations from soil engineering and geology reports. Prior to issuance of a grading permit, improvement plans must be approved by the City Engineer and ink-on-mylar plans filed with the Building and Engineering Division. (DS-3)
70. Developer shall protect building pads from inundation during a 1% chance (100‑year) storm. (DS-5)
71. Developer shall replace all broken, uplifted, or missing curb, gutter, or sidewalk along the street frontage(s) of the project. (DS-6)
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72. Before connecting the project to existing sewer and water service laterals, Developer shall inspect (pothole or video) existing lateral(s) and arrange for City staff to view inspection results. Developer shall make repairs to such facilities as determined necessary by City staff. Developer shall bring all existing water services into compliance with current City standards including removal of unused water or sewer laterals by disconnection at the main. (DS-7)
73. Developer shall enter into an agreement, approved as to form by the City Attorney, to install and construct all public improvements required by this permit and by the City Code. Developer shall post security satisfactory to the Finance Director, guaranteeing the installation and construction of all required improvements within the time period specified in the agreement or any approved time extension. (DS-14)
74. A California licensed civil engineer shall prepare the public improvement plans and documents for this project in accordance with City standards and shall submit all such plans to the City Engineer. Submittal shall include, but not necessarily be limited to, grading, street, drainage, sewer, water and other appurtenant improvement plans, construction cost estimates, soils reports, and all pertinent engineering design calculations.
City will not approve a parcel map or final map nor issue a grading, site improvement or building permit until the City Engineer has approved all improvement plans. (DS-15)
75. Prior to issuance of a site improvement permit, Developer shall provide to the Building and Engineering Division a compact Disc (CD) containing digital copies of all project maps, address map, and/or civil improvements drawings in DWG format. Prior to improvement bond release, Developer shall provide an updated CD containing all changes that occur during construction. (DS-16)
76. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If the 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)
77. 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)
78. Developer shall pay the cost of all inspections of on‑site and off‑site improvements. (DS-22)
79. Developer shall be responsible for all project‑related actions of Developer's employees,contractors, subcontractors, and agents until City accepts the improvements. (DS-23)
80. Prior to beginning construction, Developer shall designate in writing an authorized agent who shall have complete authority to represent and to act for Developer. The authorized agent shall be present at the work site whenever work is in progress. Developer or the authorized agent shall make arrangements acceptable to City for any emergency work.
When City gives orders to the authorized agent to do work required for the convenience and safety of the general public because of inclement weather or any other cause, and the 631
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orders are not immediately acted upon by the authorized agent, City may do or have such work done by others at Developer's expense. (DS-24)
81. "Standard Specifications for Public Works Construction" latest edition (including modifications thereto by City) and applicable City Standard Plates and Design Criteria shall be the project specifications, except as noted otherwise on the approved improvement plans. City reserves the right to upgrade, add to, or revise these specifications and plans and all other City ordinances, policies, and standards. If the improvements required of this project are not completed within 12 months from the date of City’s approval of the improvement plans, Developer shall comply with and conform to any and all upgraded, additional or revised specifications, plans, ordinances, policies and standards. (DS-27)
82. Developer shall retain a California licensed Civil Engineer to ensure that the construction work conforms to the approved improvement plans and specifications and to provide certified "as‑built" plans after project completion. Developer’s submittal of certified "as‑built" plans is a condition of City’s final acceptance of the project and release of any associated security. (DS-29)
83. All grading shall conform to City's standard grading notes, City Code, and recommendations of Developer’s soils engineer as approved by the City Engineer. (DS-30)
84. Developer shall design all slopes steeper than 5 (horizontal) to 1 (vertical) with a minimum 18- inch wide level area (at both top and bottom of slope) where it adjoins a wall, fence, sidewalk, trail, curb or similar improvement. (DS-32)
85. Developer shall design project grading to convey stormwater to a street, alley, or approved drain so that there are no undrained depressions. (DS-35)
86. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a manner approved by the City Engineer. (DS-38)
87. Developer shall install water mains, fire hydrants and water services in conformance with City standard plates, design criteria and specifications as directed by the City Engineer. (DS-41)
88. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)
89. Developer shall submit a landscape irrigation plan prepared by a licensed professional, showing proper water meter size, backflow prevention devices, and cross‑connection control. (DS-59)
90. Developer shall be responsible for and bear the cost of replacement of all existing survey monumentation (e.g., property corners) disturbed or destroyed during construction, and shall file appropriate records with the Ventura County Surveyor's Office. (DS-64)
91. Developer shall construct a concrete apron along the length of the trash enclosure opening that extends a minimum of 15-feet from the face of the enclosure. (DS-69) 632
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92. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)
93. Developer shall design project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) for new development and redevelopment projects.
Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures (“2011 TGM”). (DS-78)
94. Developer shall construct the trash enclosure with a solid non-combustible roof (8-foot minimum clearance) that prevents stormwater from entering the refuse bins. Developer shall provide a traffic rated drainage inlet within the enclosure to catch all enclosure wash water. This drain shall connect to the sanitary sewer system via a grease interceptor by a gravity system. If a gravity system is proven infeasible by the Developer and approved by the City Engineer, the connection may be waived provided that spill control design measures are incorporated. Developer shall construct all other components of the trash enclosure in accordance with the approved City Standard Plan on file with the Building and Engineering Division. Developer shall finish the trash enclosure to match the major design elements of the main structure subject to approval by the Planning Division. The location and configuration of the enclosure shall be approved by the Environmental Resources Division. All site refuse bins shall be stored in an approved enclosure. No objects other than refuse bins may be stored in the enclosure without the written permission of the Environmental Resources Division. (DS-80)
95. Developer’s stormwater quality calculations shall include site specific analysis and recommendations from a geotechnical engineer, and if applicable, a landscape architect for design and implementation of stormwater treatment and infiltration devices.
Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of site specific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM.
Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (DS-81)
96. Using forms provided by the Building and Engineering Division, Developer shall submit a stormwater quality control measures maintenance and operations plan ("the Plan") for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, Developer shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the City Engineer approves the Plan and Developer provides an executed copy of the 633
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City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (DS-82)
97. Developer’s stormwater quality control measures maintenance and operations plan shall include: 1) Requirement to clean on-site storm drains at least twice a year; once immediately before the first of October (the beginning of the rainy season) and once in January. The City Engineer may require additional cleaning; 2) Requirement to maintain parking lots free of litter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent the accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system.
Developer may not discharge any cleaning agent into the storm drain system; 3) Requirement to label all on-site storm drain inlets and catch basins with the message "Don't Dump - Drains to Ocean" in accordance with City standards. (DS-83)
98. Developer shall provide pre-treatment for all infiltration based stormwater quality Best Management Practices (“BMPs”.) Pre-treatment devices must effectively reduce sediment load entering infiltration BMPs to minimize occlusion of underlying soils and reduce long term maintenance requirements and thereby maintain the infiltration capacity of the BMP. 2011 TGM compliant pre-treatment such as vegetated swales are an approved form of pre-treatment. Proprietary pre-treatment devices must be capable of removing 80% of 50 micron particles to be considered adequate pre-treatment. Typical catch basin inserts do not provide the sufficient sediment storage to provide pre-treatment. (DS-85)
99. Prior to issuance of a grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall prepare a Local Stormwater Pollution Prevention Plan (“Local SWPPP”.) The Local SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide MS4 Permit.
The Local SWPPP shall be approved by the City Engineer prior to issuance of a site improvement/grading permit. Developer shall keep the Local SWPPP updated to reflect current site conditions and a copy of the Local SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-87) 100. Developer shall install ‘Full Capture System Devices’ (“Devices”) certified by the State Water Resources Control Board Executive Director in compliance with the Statewide Trash Amendments (“Amendments”) in all catch basins accepting stormwater runoff from any portion of this project that meets the definition of ‘Priority Land Use’ as defined by the Amendments at the time of issuance of a grading/site improvement permit.
The Devices shall be sized and designed in accordance with requirements of the Amendments and the Technical Guidance Manual for Stormwater Quality Control Measures (“TGM”). (DS-88)
DEVELOPMENT DIVISION SPECIAL CONDITIONS
101.Developer shall reconstruct the existing walkway from the public right-of-way to the building to be at 5-feet wide minimum, in full compliance with 2019 CBC disabled access standards. (DS)
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102.In accordance with City Code, Developer shall provide separate services and water meters for commercial and irrigation. (DS)
103.Developer shall design the storm drain inlets to allow 6-inches of stormwater to pond over the catch basins or submit an alternative design to demonstrate that enough head will develop over the inlets to capture the required runoff rate and volume. (DS) 104.The trash enclosure shall be designed with sufficient room to house all of the required dumpsters and food waste containers with doors facing the alley. The gates or doors shall not interfere or block any portions of the alley. The design shall also allow the bins to be serviced without the need to be shuffled inside the storage room. An accessible path of travel shall connect the building employee door to the enclosure without steps. (DS) 105.The site drainage shall be designed to maintain the pre-existing drainage pattern. No alteration of drainage pattern is allowed unless approved by the City Engineer. (DS) 106.Developer shall properly abandon all existing sewer and water laterals currently extended to the site that will not be used in the final design, as required by the City Engineer.
Abandonment shall occur at the City main. (DS)
TRAFFIC DIVISION SPECIAL CONDITIONS
107.The project design shall include appropriate onsite traffic signs to instruct drivers not to queue in the public sidewalk and public roadway to the City Traffic Engineer’s satisfaction. Onsite traffic sign square footage shall not be included within the total Advertising Signs sign area, as defined by Oxnard City Code, Chapter 16, Article IX, allowed on the project site. (TR)
108.The Developer shall comply with Oxnard City Code Section 16-639 in relation to the design of parking stalls within the development, or as approved by the Planning Commission. (TR)
109.The site shall be designed and operated in a manner that vehicles do and will not spill into the adjacent street waiting to enter the site or into the drive-through aisle. Vehicles must be able to pull into the drive-through entrance lane as easily and quickly as possible.
Final project design shall verify that vehicle entrance into the drive lane and then into the drive-through aisle can be accomplished with a single turning movement. The project will need to adjust the location of the drive-through median island nose, as necessary, to allow for these movements. Final design of the driveway and drive-through location shall be subject to the approval of the City Traffic Engineer. (TR) 110. A Transportation Demand Management Plan (June 21, 2021) has been prepared for the project and shall be utilized by the occupant at all times during daily operations to reduce the potential for project traffic to back into the adjacent street system. The Developer is responsible for taking appropriate actions as identified in the Plan, as well as any other necessary means, as directed by the City Traffic Engineer, to ensure traffic does not spill back into the adjacent street system. If traffic does back into the street system the 635
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occupant will work with the City to revise the Plan to develop additional measures to limit this occurrence. (TR)
111. A report on the effectiveness of the Transportation Demand Management Plan shall be prepared and submitted for review and approval to the City Traffic Engineer at 6 Months and 12 months after operations begin on the site 1) verify the Plan adequately addresses safety concerns, or 2) propose modifications to ensure the site will be designed and operated in a manner that vehicles will not spill into the adjacent street. Proposed design and operational modifications shall be subject to approval of the City Traffic Engineer. (TR)
ENVIRONMENTAL RESOURCES DIVISION
112. This property is required to comply with state mandated diversion laws (AB 939, AB 341, AB 1826 and SB 1383) and must make provisions to manage three material streams (recycling, organics, trash) in any waste enclosure(s) constructed. 113. To ensure that solid waste generated by the project is diverted from the landfill and reduced, reused or recycled, Developer shall complete and submit a “Environmental Resources Division Construction and Demolition Waste Management Plan” (“C&D Plan”) to the City for review and approval. The C&D Plan shall provide that at least 65% of the waste generated on the project be diverted from the landfill. The C&D Plan shall include the entire project area, even if tenants are pursuing or will pursue independent programs. The C&D Plan shall be submitted to and approved by the Environmental Resources Division prior to issuance of a building permit. The C&D Plan shall include the following information: material type to be recycled, reused, salvaged or disposed; estimated quantities to be processed; management method used; destination of material including the hauler name and facility location. Developer shall use the appropriate C&D Plan form as defined by the Environmental Resources Division. 114. Developer shall follow the approved “Environmental Resources Division Construction and Demolition Waste Management Plan” and provide for the collection, recycling, and/or reuse of materials (i.e., concrete, wood, metal, cardboard, green waste, etc.) and document results during construction and/or demolition of the proposed project. After completion of project activity, Developer shall complete and submit the “Environmental Resources Division Construction and Demolition Waste Management Report” (“C&D Report”) and provide legible copies of weight tickets, receipts, or invoices for materials sent to disposal or reuse/recycling facilities. For other discarded or salvaged materials, Developer shall provide documentation, on the disposal facility’s letterhead, identifying where the materials were taken, type of materials, and tons or cubic yards disposed, recycled or reused, and the project generating the discarded materials. Developer shall submit and obtain approval of the C&D Report prior to issuance of a certificate of occupancy. 115. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling.
116. An Occupancy Plan must be submitted and approved prior to issuance of a certificate of occupancy. The Occupancy Plan must clearly state how recyclable and organic material, 636
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as appropriate, will be managed on site to be in compliance with applicable state laws (AB 939, AB 341, AB 1826, SB 1383); how restaurant staff will participate in the program; and how customers will be altered to the presence of recycling on site and how contamination will be minimized. The Occupancy Plan must include what service provider(s) will manage/transport materials to appropriate facilities for processing and/or disposal.
117. Per AB 827, public areas that provide waste collection to customers must have an equitable distribution of containers for recycling, organics and trash that are easily accessible. This requirement does not apply to restrooms. 118. This property is required to adhere to applicable solid waste management ordinances, including future ordinance creation and/or revisions.
119. Any landscaping maintenance resulting in organic material needing disposal, if performed in-house or via third party, must not be placed in the trash. All organic materials are required to be diverted from landfill disposal. Any third-party contract/service agreement must stipulate this requirement and be verified through the Environmental Resources Division.
120. Waste enclosures must conform to the Material Management and Design Guidelines developed by the Environmental Resources Division. A copy of these guidelines can be found here:
https://www.oxnard.org/wp-content/uploads/2020/09/Design-Guidelines-for-Recycling-WasteCollection-1.pdf 121. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a matter approved by the City Engineer.
FIRE DEPARTMENT STANDARD CONDITIONS
122. Developer shall construct all vehicle access driveways on the project property to be at least 26 feet wide. Developer shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. Developer shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1) 123. 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)
124. Before the City issues building permits, Developer 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) 125. At Developer’s expense, Developer 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. 637
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Developer shall obtain permits for the tests from the Engineering Division. Developer shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4) 126. 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) 127. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
128. At all times during construction, developer 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)
129. Developer shall identify all hydrants, standpipes and other fire protection equipment on the project property as required by the Fire Chief. (FD, F-8) 130. Developer shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
131. 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)
132. Developer 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) 133. Developer 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) 134. All signalized intersections shall be equipped with pre-emption equipment. (FD/TR, F-15) 135. Developer 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, Developer shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16)
FIRE DEPARTMENT SPECIAL CONDITIONS
136. Areas designated by the Fire Marshal as Fire Lanes shall be identified by a red curb and signage per the California Department of Motor Vehicles. 137. Before the city issues a certificate of occupancy, the developer shall install a Knox key vault at a location to be determined by the Fire Department. 138. All drive overhangs shall be a minimum of 13 feet 6 inches. 638
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139. All overhangs are required to be sprinklered.
140. Trash enclosure is required to be sprinklered.
141. FDC is required to be within 50-feet of the fire hydrant and not across drive aisles.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 4th day of November 2021.
Daniel Chavez, Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 4th day of November 2021, and carried by the following vote:
AYES: Commissioner(s):
NOES: Commissioner(s):
ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Scott Kolwitz, Secretary
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ATTACHMENT
H
STAFF PRESENTATION
640
Vineyard Starbucks Site
Renovations
1 Planning Commission
October 21, 2021
Planning & Zoning Permit No. 21-550-01
(Major Modification to U-916 (Special Use Permit))
Applicant: Beverly Metz, Starbucks, Applicant
Joe Pearson II, Senior Planner
Scott Kolwitz, Planning and Environmental Services Manager 641
Project Description (SUP)
• A request for a Major Modification (MJMD) to Special Use Permit U-916 to allow for modifications to an existing 2,450 sq ft drive-through fast food restaurant building and to allow for a drive-through coffee shop on a 0.66 acre site:
○ 50 square foot addition.
○ Redesign of the drive-through lane to increase the queue length from 5 vehicles to 16 vehicles.
○ 20 parking spaces
• Grant administrative parking relief to allow for a decrease in the number of parking spaces and to allow for up to 25 percent of the required parking spaces to be compact spaces.
○ Facade, landscaping, and infrastructure improvements
○ Revised Site and drive-through signage
2 642
Project Location
3 Subject Site: 2551 North Vineyard Avenue
Existing Wendy’s Drive-through restaurant
643
Project Location
4 644
Aerial-View
Project Location
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)
5 Project Location
Reference North
645
General Plan & Zoning Maps
Commercial General (CG)
General Plan Land Use Designation Zoning Designation
General Commercial-Planned Development
(C-2-PD)
6 646
Background - Existing Restaurant
7 • 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.
647
Existing vs. Proposed Site Plan
8 Existing Site Plan
Proposed Site Plan
648
Floor Plan
9 649
Landscape Plan
10650
Elevations - Rendered
11 651
Drive-Thru and Freestanding Signage
12652
General Plan Consistency
• The development of the proposed Project furthers many of the policies identified in the 2030 General Plan, as identified in the staff report. Some of the key policies are:
• Community Development Policy 1.2 - Infill Development • Community Development Policy 4.2 - Commercial Revitalization and Redevelopment
• Community Development Policy 9.2 - Revitalization and Redevelopment • Community Development Policy 9.4 - View Corridor Preservation • Community Development Policy 18.1 - Attract new Business 13653
Zoning Code Compliance
• The Project is subject to the “General Commercial-Planned Development” (C-2-PD) zone district.
• Two variations from the standards are being requested:
○ A reduction in the required parking from 50 to 35 pursuant to the approval of a administrative parking relief under OMC 16-651(B)(4) ○ Allow for up to 25 percent of the required parking to be compact spaces pursuant to the approval of a administrative parking relief under OMC 16-651(B)(3)
14654
Zoning Code Compliance
15 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)
655
Zoning Code Compliance
16 DEVELOPMENT STANDARD PARKING
DIMENSION
REQUIREMENT PER
OXNARD CITY CODE
SECTION 16-639
COMPACT PARKING
DIMENSION
REQUIREMENT PER
OXNARD CITY CODE
SECTION 16-639
PROPOSED COMPACT
PARKING
DIMENSIONS
TOTAL
PROVIDED
Proposed
Starbuck
9 feet x 19 feet 8 feet x 16 feet 10 Spaces: 8 feet-7
inches x 19 feet
1 space: 9 feet x 18
feet-1 inch
11 Compact
spaces (22
percent)
656
Environmental Review
Exempt for California Environmental Quality Act (CEQA):
1. Section 15301, “Existing Facilities”;
2. Project consists of existing facilities involving negligible or no expansion of capacity;
3. Any proposed additions represent less than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.
4. As proposed Project will not have significant environmental impacts;
5. No Exceptions to the Exemption apply.
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Select Recommended Conditions of Approval
• COA# 3:
The permit is granted for 36 months.
• COA # 33:
Requires additional screening of the drive -through lane. • COA #36:
Requires the drive-through speaker box use automatic volume control. • COA #s 37, 38, 107, 109, 110, and 111:
Requires the applicant implement a Transportation Demand Management Plan (TDMP) and allows for re-evaluation by the City.
18658
On July 19, 2021 a Community Workshop was held.
○ Approximately 3,200 mailed notices were sent to owners within the El Rio, El Rio West, and RiverPark neighborhoods;
○ On-site posted notice;
○ Prior to the meeting three comments were received in response to the Community Workshop notices; and
○ During the meeting one comment was received by a member of the public regarding the Project.
The primary concerns expressed in the comments were related to traffic and circulation. As discussed in the staff report, 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 Management Plan to ensure the project will not impede traffic on the adjacent streets. Also, as conditioned if it is determined the Traffic Management Plan is not functioning as needed the City shall have the ability to re-evaluate and amend the plan as needed.
19 Public Comments
659
Public Notice
• Notice of PC hearing was provided:
• Newspaper,
• On-site posting; and
• Mailed to property owners within 300 feet.
• To date, no public comment has been submitted in support of the project. 20660
Staff Recommendation
Recommendation: That the Planning 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.
21661
Questions
22 662
DATE: October 27, 2021
TO: Planning Commission
FROM: Joe Pearson II, Senior Planner
SUBJECT: Project Name: Vineyard Starbucks Site Renovations; Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)). The project includes modifications to an existing 2,450 sq ft drive-through fast food restaurant building and 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-thru queue. The parking modification will also allow for 11 of the parking spaces to be compact parking spaces. The project includes a Queue Management Plan. The Project site is located at 2551 North Vineyard Avenue (APN: 132-0-043-215) within the General Commercial Planned Development (C-2-PD) zone district and within the Commercial General land use designation.
Filed by Jennifer Cribbs, of Starbucks, 555 Anton Boulevard, Costa Mesa, CA 92626.
Recommendation:
That the Planning 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.
Background:
At the request of the Applicant team, on October 21, 2021, the Planning Commission continued the Vineyard Starbucks Site Renovations Major Modification to U-916 (Special Use Permit) project to the Regular Meeting of November 4, 2021, starting at 6:00 PM.
Since the October 21, 2021 Planning Commission public hearing, the Applicant team requested modifications to select Conditions of Approval included within the draft Resolution. City Departments and Divisions have reviewed and discussed the requested changes to the Conditions 663
PZ No. 21-550-01,Vineyard Starbucks Site Renovations
Planning Commission Hearing Date: November 4, 2021
of Approval included in staff report Attachment G. City Departments and Divisions have agreed to the modify conditions as specified below in the body of this memo.
Revised Conditions
Modify conditions 32, 38, 41, 65, and 94 in the draft Resolution with the following following language:
32. Prior to building permit issuance, the developer shall provide a public improvement plan which identifies, and includes, a connection to city fiber optic network infrastructure. This connection shall be established by installing fiber optic infrastructure to the project's frontage on the east side of Riverpark Blvd according to city specifications. The fiber optic network infrastructure must be included in the project's master utility plans and installed prior to the granting of a certificate of occupancy.
38. After implementation of the TDMP, and upon the determination of the Community Development or Public Works Departments that the TDMP created for the drive-through use is not functioning effectively, or upon any future modification or expansion of the shopping center, the TDMP shall be comprehensively re-evaluated by the Community Development and Public Works Departments. This TDMP re-evaluation work effort shall be accompanied by a filing fee determined by the Community Development Director and Public Works Director to address staff review time by Community Development and Public Works staff.
41. Developer shall repair and/or replace any existing broken or damaged sidewalk, curb gutter or asphalt paving adjacent to property due to the construction of the Project, as directed by the City Inspector. (DS)
65. Creeping fig or similar climbing vine shall be used to dissuade the application of graffiti on CMU walls. This specifically includes trash enclosures, where adjacent to landscaped planters. (PD)
94. Developer shall construct the trash enclosure with a solid non-combustible roof (8-foot minimum clearance) that prevents stormwater from entering the refuse bins. Developer shall provide a traffic rated drainage inlet within the enclosure to catch all enclosure wash water. This drain shall connect to the sanitary sewer system via a grease interceptor by a gravity system. If a gravity system is proven infeasible by the Developer and approved by the City Engineer, the connection may be waived provided that spill control design measures are incorporated. Developer shall construct all other components of the trash enclosure in accordance with the approved City Standard Plan on file with the Building and Engineering Division. Developer shall finish the trash enclosure to match the major design elements of the main structure subject to approval by the Planning Division. The location and configuration of the enclosure shall be approved by the Environmental Resources Division. All site refuse bins shall be stored in an approved enclosure. No objects other 664
PZ No. 21-550-01,Vineyard Starbucks Site Renovations
Planning Commission Hearing Date: November 4, 2021
than refuse bins may be stored in the enclosure without the written permission of the Environmental Resources Division. (DS-80)
For the convenience of the Planning Commission and interested parties attached to this memo are the following documents originally prepared for the Planning Commission’s public hearing on October 21, 2021.
1. Staff Report and associated attachments.
With the exception of the draft resolution, which has been revised to incorporate the modifications identified above and update the date of the hearing, the staff report and other attachments have not changed. Additionally, the required Measure M pre-recorded presentation video has not been changed, and it can be viewed online at this address:
https://youtu.be/NUnbC3J_WWY
665
PLANNING COMMISSION
MEMORANDUM
TO: Planning Commission
FROM: Joe Pearson II, AICP, Senior Planner
DATE: December 2, 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
At the meeting of November 4, 2021, the Planning Commission received staff’s presentation for the proposed Vineyard Starbucks Site Renovations (Project) that required approval of a Major Modification (MJMD) to U-916 (Special Use Permit). In the deliberation that followed, Planning Commissioners raised several issues, and asked specific questions.
Subsequently, the Planning 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 Planning Commission's meeting of December 2, 2021. As a continued agendized item, no additional mailed or published public notices were required. The on-site hearing notice signs were updated to indicate the December 2, 2021 continued hearing.
As a continued public hearing, the Planning Commission will first need to reopen the public hearing, accept public comment on the item and then may proceed with deliberation on the matter.There are no changes to the Project’s proposed site and civil plans or building designs and elevations distributed for the November 4, 2021 meeting.
The Planning Commissioners’ questions and requests are posed below and grouped by topic.
Responses and/or references to attachments are provided by City staff, as noted.
1. How would Condition of Approval #38 be implemented?
If City staff or members of the public report issues of a backup being created which results in vehicles spilling out into the City’s public right-of-way, City staff would begin by contacting the business and property owner to notify them of the problem, to understand what immediate actions the business and property owner have already taken to resolve the issue consistent with the TDMP, and direct them to submit an appropriate application with proposed TDMP modifications if the immediate actions are not working 666
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021
pursuant to Condition No. 38, while continuing to simultaneously work with City staff to correct real time issues.
As part of the initial process, the City and the business team would work together to implement short-term solutions to address the immediate issues. Following the initial steps City staff and the applicant team would comprehensively review the TDMP, identifying the operational issues leading to the circulation problems. Based on the issues identified, the TDMP would be revised as directed by the Community Development Director and Public Works Director. A similar process would be undertaken if there were any changes proposed to the operations or site layout, if there was a potential to adversely impact the circulation in a way that would result in a back up on to City right-of-way.
2. Can a no U-Turn sign be installed at the intersection of Vineyard Avenue and Riverpark Boulevard?
The intersection of Vineyard Avenue and Riverpark Boulevard is a state controlled intersection. As a result, any changes to the operation of the intersection would need to be approved by the California Department of Transportation (Caltrans), and would ultimately be controlled by Caltrans. The City Traffic Engineer reviewed the suggestion that U-Turns for the SB direction from River Park Boulevard be restricted to reduce operational or safety issues arising from the proposed development. Historical volume data indicate that U-turns occurring from the turn lane are low for peak periods and it is not anticipated that significant additional U-Turns will result from the change in use.
Field observations show that the U-Turns currently being conducted are not problematic for most vehicles; however, trucks or larger vehicles may not be able to execute the turn in one fluid motion.
No larger vehicles have been observed attempting to make U-Turns during observation periods. At this time The City Traffic Engineer believes the current U-Turns can be made safely and do not hinder safety or operations of the intersection due to the low volume of occurrences and the ability for most vehicles to make the turn easily. Since the intersection is not under the applicant’s or the City’s control, the Project cannot be required to install signage or make other modifications to the intersection as a condition of this permit. However, City staff will continue to monitor the location both before and after project occupancy, and if it is determined that the U-Turns are becoming problematic, will work with the State to determine the feasibility of establishing the no U-Turn restriction.
3. Provide additional information on other Starbucks parking provided and queue length for their facilities in the area.
The applicant team has provided the Starbucks Site Analysis document (Attachment A).
The applicant team has identified that there are five (5) other stores in the direct vicinity of this store. Per the applicant team “The map highlights a gap in the Starbucks service area.” As identified in the document the queue lengths and parking for the three closest 667
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021
drive-through Starbucks in the vicinity are provided in the chart below. Additionally, the parking provided and queue length for this project are also included in the chart.
Starbucks Location Parking Provided Queue Length
Project Site:
Vineyard Avenue &
Riverpark Boulevard
20 spaces 16 spaces
Esplanade & Wagon Wheel
Starbucks
10 spaces 10 spaces
Gonzales & Rose
Starbucks
16 spaces 10 spaces
Victoria & Moon Starbucks 20 spaces 10 spaces
4. Is there an ability to connect the parking area on this site to the property to the north? The property to the north is a separate property, and it is under separate ownership.
Without permission from the property owner, a connection with that property cannot be required. However, in the event it were feasible, it would not be recommended a connection would conflict with the existing circulation / site design of both properties. A connection would result in a shorter queue length for the proposed project, and a connection would likely result in a further reduction of the amount of parking available on both properties.
For the convenience of the Planning Commission and interested parties, this memo includes the staff report and associated attachments prepared for the Planning Commission’s public hearing on November 4, 2021. The staff report, recommendation, and other attachments have not changed. If the Planning Commission approves the draft Resolution attached to this memo, staff notes it will need to be updated to reflect the multiple hearing dates in the recitals and the final approval date.
For the convenience of the Planning Commission and interested parties, staff has pulled forward our recommendation:
Recommendation: That the Planning Commission
a) Finds 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 668
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021
conditions.
Additionally, the required Measure M pre-recorded presentation video has not been changed, and it can be viewed online at this address: https://youtu.be/GuM_jawL1e8.
ATTACHMENTS:
A. Starbucks Site Analysis
B. November 4, 2021 Staff Report and associated attachments. 669
15635 Alton Pkwy, Suite 100
Irvine, California 92618
949.553.1117 949.474.7056
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2551 E. VINEYARD AVE.
OXNARD, CA 93036
CITY MAP
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Irvine, California 92618
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2551 E. VINEYARD AVE.
OXNARD, CA 93036
EXISTING DRIVE-THRU STORE WITH IN 3 MILES
ESPLANADE & WAGON WHEEL (3MINS) GONZALES & ROSE (5MINS) VICTORIA & MOON (7MINS) QUEUE: 10
PARKING: 10
QUEUE: 10
PARKING: 15
QUEUE: 10
PARKING: 20
671
15635 Alton Pkwy, Suite 100
Irvine, California 92618
949.553.1117 949.474.7056
www.mcgarchitecture.com
T F
2551 E. VINEYARD AVE.
OXNARD, CA 93036
PROPOSED DRIVE-THRU STORE IN ENTITLEMENT PHASE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
SETBACK
SETBACK
SETBACK
SETBACK
5 6
8 7 2
ORDER STATION
MENU BOARD
DRIVE THRU AISLE
12' - 0" CLR.
2 SETBACK
23' - 0"
SETBACK
5' - 0"
SETBACK
43' - 0"
2' - 0"
TYP.
17' - 0"
CLR. AISLE
26' - 0"
17' - 0"
5' - 0"
9' - 0"
TYP.
SETBACK
10' - 0"
5' - 0"
PL4.01
1 TRASH ENCLOSURE
A
B
B
B B
C
D
E
F
G
H
I
I
I
H
I
I
I
I
I
I
J
K
K K
K
K
9' - 0"
5' - 0"
7' - 0"
4' - 6"
54' - 0" @ 6 EQUAL SPACES
ADA PATH OF TRAVEL ADA PATH OF TRAVEL
1 2
4 5
6 3
22' - 0"
TRANSFORMER
PAD
I
54' - 1 3/4"
PRIVATE DRIVE
EASMT EASMT
EASMT
EASMT
EASMT
EASMT
EASMT
EASMT
EASMT
EASMT
EASMT
EASMT EASMT
3 DRIVE AISLE
26' - 0" CLR.
45' - 0" @ 5 EQUAL SPACES
27' - 0" @ 2 EQUAL SPACES 9' - 0" 9' - 0" 72' - 0" @ 8 EQUAL SPACES TYP.
9' - 0"
TYP.
9' - 0"
A
63' - 0" @ 7 EQUAL SPACES 9' - 0" 4' - 6" @ 2 EQUAL SPACES
9' - 0" 8' - 0" 9' - 0" 18' - 0"
8 10
9 26' - 0" 17' - 0" 2' - 0"
9' - 0"
TYP.
TYP.
9' - 0"
5' - 0"
SUITE E SUITE D SUITE C SUITE B SUITE A
1,000 SF. 1,066 SF. 1,066 SF. 868 SF. 3,000 SF.
PATIO
500 SF.
PATIO
250 SF.
9' - 0" 31' - 6"
2' - 0"
12' - 0" 8' - 8"
26' - 1"
17' - 0" 2' - 0"
K
SEE NOTE 1
8' - 6"
7 6' - 0"
3' - 0"
4' - 0"
9' - 0"
ELECT.
FIRE
RISER
OXNARD & TOWN CENTER (3MINS) OXNARD & CITRUS GROVE (4MINS) VENTURA & AUTO CENTER DR (4MINS) QUEUE: 16
PARKING: 24
QUEUE: 10
PARKING: 14
QUEUE: 15
PARKING: 20
672
15635 Alton Pkwy, Suite 100
Irvine, California 92618
949.553.1117 949.474.7056
www.mcgarchitecture.com
T F
2551 E. VINEYARD AVE.
OXNARD, CA 93036
GRAPHIC REPRESENTATION OF DATA FROM QUEUEING STUDY
PERFORMED ON THE HIGHTEST VOLUME STORE IN SOUTHERN CALIFORNIA
DRIVE-THRU CAPACITY
DRIVETHRU PARKING COMBINED
MAXIMUM CAPACITY: 36 CARS (20 PARKED +16 DRIVE-THRU)
PARKED VIHICLES (INCLUDING
MOBILE ORDER PICK-UP)
DRIVE-THRU CUSTOMER
DRIVE-THRU DEMAND
MEASURED HOURLY
DRIVE-THRU AND PARKING
DEMAND DAILY AVERAGE
10 18
35 35
25 25
15 15
5 5
14 14
11 9
7 6 6 5
2 1
8 8
12 11
14.6 5.8
8.8 36
673
PLANNING COMMISSION
MEMORANDUM
TO: Planning Commission
FROM: Joe Pearson II, AICP, Senior Planner
DATE: January 13, 2022
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
Summary
On December 2, 2021, the Planning Commission (the “Commission”) considered PZ No. 21-550-01 (Major Modification to U-916 (Special Use Permit)) and made a Motion of Intent to 1 Deny the Project as they could not make all of the Findings required to grant the Major Modification in accordance with Oxnard City Code Section 16-531, and they continued the hearing to January 13, 2022, to ratify the action by approving a Resolution of Denial. The motion carried 4:3:0:0:0 .
2 Staff has prepared the Resolution of Denial for the proposed Project (Attachment A). .
Appeal Process
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 2 In Favor: Against: Absent: Abstain: Recused
1 The project includes modifications to an existing 2,450 sq ft drive-through fast food restaurant building and 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-thru queue. The parking modification will also allow for 11 of the parking spaces to be compact parking spaces. The project includes a Queue Management Plan. The Project site is located at 2551 North Vineyard Avenue (APN: 132-0-043-215) within the General Commercial Planned Development (C-2-PD) zone district and within the Commercial General land use designation.
674
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.
Attachments
A – Resolution for Denial of PZ 21-550-01
B – Staff Presentation
675
ATTACHMENT
B
STAFF PRESENTATION
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RESOLUTION NO. 2022– 02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
OXNARD DENYING 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 at 2551 North Vineyard Avenue (APN: 132-0-043-215). The proposed improvements would 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 would 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 ; 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
WHEREAS, on October 21, 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 687
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022
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, on October 21, 2021, the Planning Commission made a motion to continue the Project to the Planning Commission meeting on November 4, 2021, at the request of the Applicant; and
WHEREAS, on November 4, 2021, the Planning Commission 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 deliberated the merits of the Project. The Planning Commission voted on three motions. The first two motions were a Motion of Intent to Deny the project and then 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 Planning Commission's meeting of December 2, 2021; and
WHEREAS, on December 2, 2021, the Planning Commission also reviewed all of the information provided in the staff reports and considered the testimony given at the public hearings, including all written communications to the Planning Commission, as well as other pertinent information; and
WHEREAS, on December 2, 2021, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on January 13, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the Planning Commission Staff Report and all attachments thereto, the Planning Commission finds, that it cannot make the following findings necessary for the proposed Major Modification to a Special Use Permit:
(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.
2 688
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022
The proposed Project will 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 adversely affecting the adjacent roadways and the East Vineyard Avenue and Riverpark Boulevard intersection, one of the busiest intersections in the City. Based on issues experienced at other local drive-through Starbucks currently operating in the City, Starbucks’ queues regularly exceed the limits of the designated queue and back up into the adjacent areas, and no evidence was provided which demonstrates Starbucks’ staff is trained in traffic management and drive-through queue control.
Unlike many of the other locations, which terminate within a private parking lot thus keeping the impacts off of the adjacent roadways, this drive-through terminates at the site entrance at the public right-of-way. The Planning Commission does not find that the mere number of parking provided and drive-through queue length at the Project site sufficiently mitigates the potential external negative effects that the traffic blockage to this location will cause, mainly cars being queued out of the drive-through stacking area and into Riverpark Boulevard right-of-way causing blockage on not only Riverpark Boulevard but also into the intersection with East Vineyard Avenue.
As a result, any excess queue would immediately spill into the adjacent right of way, blocking both pedestrian and vehicular circulation. Given the major implications of a back up at the East Vineyard Avenue and Riverpark Boulevard intersection, a Transportation Demand Manage Plan is not sufficient to address these adverse impacts. As the project cannot reasonably ensure that vehicles will not exceed the queue and bleed into the right-of-way, the Project would create a safety hazard as vehicles backing up into the intersection will create additional pedestrian conflicts, a traffic delay, and an increased potential for traffic accidents in the intersection. For the reasons stated above, this Finding cannot be met. (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).
The site is not adequate in size and shape to accommodate the parking and loading facilities required pursuant to the Oxnard City Code. The Planning Commission does not support the administrative parking modification, and as a result the Project has a parking deficiency of 15 spaces, per the Oxnard City Code Section 16-622(F). Of the 35 spaces only 20 are actual parking spaces, as the remainder are provided in the drive-through. The provided parking study did not present a sufficient locally based justification that 20 spaces are sufficient to provide for employee parking, designated mobile pick up, curbside pick up, and regular onsite parking demand for customers. The provided parking study did not present a sufficient locally based justification that 16 drive-through queue spaces 3 689
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022
are sufficient. Additionally, the Project site is not sufficient in size to allow for required loading space, which has not been provided. As designed, the site cannot accommodate loading activities while maintaining onsite circulation, due to the one way travel design. This would result in the potential for vehicles to spill out into the adjacent right-of-way, as motorists would not be able to adequately navigate through the site. For the reasons stated above, this Finding cannot be met.
(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.
The Project will create or significantly aggravate traffic problems at the adjacent roadways and intersections, which will have a direct and adverse impact on the adjacent highways (US 101 and CA 232). The added traffic demand from the Project would result in a greater-than-average likelihood of grid blocking at the intersection and being exacerbated or occurring at greater frequencies due to cars extending out into Riverpark Boulevard. The ability to make a U-turn traveling eastbound on RiverPark Boulevard is problematic, and the project would necessitate the installation of a No U-turn sign at that location. However, the intersection of Vineyard Avenue and Riverpark Boulevard is a state controlled intersection. As a result, any changes to the operation of the intersection would need to be approved by the California Department of Transportation (Caltrans), and would ultimately be controlled by Caltrans. Since the intersection is not under the applicant’s or the City’s control, the Project cannot be required to install the necessary signage as a condition of this permit. For the reasons stated above, this Finding cannot be met.
SECTION 2. Based on the findings set forth above, each of which provides a separate and distinct basis for denial, the Planning Commission hereby denies Planning and Zoning Permit No. 21-550-01 (Major Modification) as the Planning Commission is unable to make all of the Findings required by Oxnard City Code Section 16-531 in order to grant a Special Use Permit.
SECTION 3. The proposed project is Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because the proposed Project is denied.
SECTION 4. The decision of the Planning Commission shall be final unless an appeal of the action is filed in accordance with the provisions of Section 16-545 of the Oxnard City Code.
SECTION 5. The Secretary shall certify the adoption of this Resolution. 4 690
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 13th day of January 2022.
Daniel Chavez, Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 13th day of January, 2022, and carried by the following vote:
AYES: Commissioner(s): Chair Chavez, Vice Chair Arruejo, Commissioners Connelly, Meyer
NOES: Commissioner(s): Commissioners Nash, Lopez, Sanchez ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Scott Kolwitz, Secretary
5 691
Matthew Friedrich/Starbucks
XXXXXXX PZ 21-550-01
692
693
694
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSIONS DENIAL OF THE 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 DRIVETHROUGH 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 DRIVETHROUGH 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 at 2551 North Vineyard Avenue (APN: 132-0-043-215). The proposed improvements would 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 would 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 ; 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 WHEREAS, on October 21, 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 695
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date: February 15, 2022
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, on October 21, 2021, the Planning Commission made a motion to continue the Project to the Planning Commission meeting on November 4, 2021, at the request of the Applicant; and
WHEREAS, on November 4, 2021, the Planning Commission 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 deliberated the merits of the Project. The Planning Commission voted on three motions. The first two motions were a Motion of Intent to Deny the project and then 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 Planning Commission's meeting of December 2, 2021; and
WHEREAS, on December 2, 2021, the Planning Commission also reviewed all of the information provided in the staff reports and considered the testimony given at the public hearings, including all written communications to the Planning Commission, as well as other pertinent information; and
WHEREAS, on December 2, 2021, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on January 13, 2022.
WHEREAS, on January 13, 2022, the Planning Commission voted 4-3, to adopt Resolution No. 2022-02 to deny the project; and
WHEREAS, on January 19, 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- 550-01 within 18 days after the Planning Commission action pursuant to Sections 16-544 and 16-545 of the Oxnard City Code (“OCC”); and
696
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date: February 15, 2022
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 decision to Deny Planning and Zoning Permit No. 21-550-01 (Major Modification) in accordance with Oxnard City Code Sections 16-530 through 16-553 of the Oxnard City Code; and WHEREAS, on February 15, 2022, the City Council also reviewed all of the information provided in the staff report, attachments, environmental document, 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 WHEREAS, on February 15, 2022, the City Council deliberated the merits of the Project and Appeal and made a motion to Deny the Appeal and uphold Planning Commission’s Denial of Planning and Zoning Permit No. 21-550-01 finding that the Appellant has not provided substantial evidence to support the Appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:
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 that it cannot make the following findings necessary for the proposed Major Modification to a Special Use Permit:
(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.
The proposed Project will 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 adversely affecting the adjacent roadways and the East Vineyard Avenue and RiverPark Boulevard intersection, one of the busiest intersections in the City. Based on issues experienced at other local drive-through Starbucks currently operating in the City, Starbucks’ queues regularly exceed the limits of the designated queue and back up into the adjacent areas, and no evidence was provided which demonstrates Starbucks’ staff is trained in traffic management and drive-through queue control.
Unlike many of the other locations, which terminate within a private parking lot thus keeping the impacts off of the adjacent roadways, this drive-through 697
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date: February 15, 2022
terminates at the site entrance at the public right-of-way. The City Council does not find that the mere number of parking provided and drive-through queue length at the Project site sufficiently mitigates the potential external negative effects that the traffic blockage to this location will cause, mainly cars being queued out of the drive-through stacking area and into RiverPark Boulevard right-of-way causing blockage on not only RiverPark Boulevard but also into the intersection with East Vineyard Avenue.
As a result, any excess queue would immediately spill into the adjacent right of way, blocking both pedestrian and vehicular circulation. Given the major implications of a back up at the East Vineyard Avenue and RiverPark Boulevard intersection, a Transportation Demand Manage Plan is not sufficient to address these adverse impacts. As the project cannot reasonably ensure that vehicles will not exceed the queue and bleed into the right-of-way, the Project would create a safety hazard as vehicles backing up into the intersection will create additional pedestrian conflicts, a traffic delay, and an increased potential for traffic accidents in the intersection. For the reasons stated above, this Finding cannot be met. (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).
The site is not adequate in size and shape to accommodate the parking and loading facilities required pursuant to the Oxnard City Code. The City Council does not support the administrative parking modification, and as a result the Project has a parking deficiency of 15 spaces, per the Oxnard City Code Section 16-622(F). Of the 35 spaces only 20 are actual parking spaces, as the remainder are provided in the drive-through. The provided parking study did not present a sufficient locally based justification that 20 spaces are sufficient to provide for employee parking, designated mobile pick up, curbside pick up, and regular onsite parking demand for customers. The provided parking study did not present a sufficient locally based justification that 16 drive-through queue spaces are sufficient. Additionally, the Project site is not sufficient in size to allow for required loading space, which has not been provided. As designed, the site cannot accommodate loading activities while maintaining onsite circulation, due to the one way travel design. This would result in the potential for vehicles to spill out into the adjacent right-of-way, as motorists would not be able to adequately navigate through the site. For the reasons stated above, this Finding cannot be met.
698
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date: February 15, 2022
(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.
The Project will create or significantly aggravate traffic problems at the adjacent roadways and intersections, which will have a direct and adverse impact on the adjacent highways (US 101 and CA 232). The added traffic demand from the Project would result in a greater-than-average likelihood of grid blocking at the intersection and being exacerbated or occurring at greater frequencies due to cars extending out into RiverPark Boulevard. The ability to make a U-turn traveling eastbound on RiverPark Boulevard is problematic, and the project would necessitate the installation of a No U-turn sign at that location. However, the intersection of Vineyard Avenue and RiverPark Boulevard is a state controlled intersection. As a result, any changes to the operation of the intersection would need to be approved by the California Department of Transportation (Caltrans), and would ultimately be controlled by Caltrans. Since the intersection is not under the applicant’s or the City’s control, the Project cannot be required to install the necessary signage as a condition of this permit. For the reasons stated above, this Finding cannot be met.
SECTION 2. The City Council, based on the findings set forth above, each of which provides a separate and distinct basis for denial, the City Council hereby upholds the denial of Planning and Zoning Permit No. 21-550-01 (Major Modification) as the City Council is unable to make all of the Findings required by Oxnard City Code Section 16-531 in order to grant a Special Use Permit.
SECTION 3. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that the Project is Statutorily Exempt pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because the proposed Project is denied.
SECTION 4. The decision of the City Council shall be final.
SECTION 5. The City Clerk shall certify the adoption of this Resolution. //
//
//
//
699
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date: February 15, 2022
//
//
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:
ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
700
Appeal of the Planning Commission’s Decision to
Deny Planning & Zoning Permit No. 21-550-01
(Major Modification)
for Vineyard Starbucks Site Renovations
2551 North Vineyard Avenue (APN: 132-0-043-215)
Joe Pearson II, AICP, Senior Planner
Scott Kolwitz, Planning & Environmental Services Manager Vyto Adomaitis, Community Development Director
Community Development Department
City Council
February 15, 2022
701
Project Location and Existing Conditions 2
Subject Site: 2551 North Vineyard
Avenue
Designations
General Plan: Commercial General (CG)
and Zoning: General Commercial -
Planned Development (C-2-PD)
Surroundings Uses
the site and surrounding area are
R-1, RiverPark Specific Plan, and
C-2-PD
Aerial-View
Project Location
Reference North
702
Existing vs. Proposed Site Plan
3 Existing Site Plan
Proposed Site Plan
703
Vineyard Starbucks Site Renovations Permit Timeline 4
● On February 12, 2021, Starbucks filed for 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 at 2551 North Vineyard Avenue.
● On March 3, 2021 and May 26, 2021, the Project was reviewed by the Development Advisory Committee (DAC).
● On July 19th, 2021, the Project was presented to the public during the City’s Community Workshop meeting.
● On January 13, 2022, after three public hearings, the Planning Commission denied PZ No. 21-550-01.
704
Background: Planning Commission Hearings
October 21, 2021:
• Public hearing held to consider Planning & Zoning Permit No. 21-550-01 requesting approval of a Major Modification.
• Staff recommended approval.
• The Planning Commission made a motion to continue the Project to the Planning Commission meeting on November 4, 2021, at the request of the Applicant.
5 705
Background: Planning Commission Hearings
November 4, 2021:
• The Planning Commission held the continued public hearing for Planning & Zoning Permit No. 21-550-01.
• No verbal or written public comments were provided before or during the public comment period of the hearing.
• The Planning Commission reviewed and deliberated the merits of the Project. The Planning Commission voted on three motions. • Motion of Intent to Deny the project (Failed 3 to 3, with one Planning Commissioner absent)
• Motion to Approve the project (Failed 3 to 3, with one Planning Commissioner absent).
• Motion to continue the item to the Planning Commission's meeting of December 2, 2021 (Approved 6 to 0, with one Planning
Commissioner absent).
6 706
Background: Planning Commission Hearings
December 2, 2021:
• The Planning Commission held the continued public hearing for PZ No. 21-550-01
• The Planning Commission considered the Project 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 in accordance with Oxnard City Code Section 16-531.
• Specifically, the Planning Commission found they could not make required Findings
• 2 (safety general welfare),
• 3 (parking and loading facilities), and
• 4 (traffic).
• The Planning Commission continued the hearing to January 13, 2022, to ratify the action by approving a Resolution of Denial. 7 707
Background: Planning Commission Hearings
January 13, 2022
• The Planning Commission held the continued public hearing for PZ No. 21-550-01
• The Commission voted 4-3 to deny PZ No. 21-550-01
January 19, 2022
• The Appellant filed a timely Appeal application with the City. • The Applicant and Appellant are one and the same entity. 8 708
Summary of the Appeal
The Appellant filed an appeal with five grounds of appeal:
1) This project, Starbucks at Vineyard/RiverPark, meets all of the Requirements of the Zoning Code and the General Plan.
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.
3) The denial by the Planning Commission was based on personal biases.
4) The site has been being used as a Drive-Thru restaurant for many years.
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.
9 709
Appellant’s Grounds of Appeal 1-2 and Staff Responses
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:
1. The Project fails to meet three requirements of the Oxnard City Code, related to parking and loading facilities.
2. The Project would maintain the legal non-conforming status with regard to the 30 foot landscape buffer along Scenic Cooridors. .
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:
1. Formal application for the Major Modification was submitted on February 12, 2021.
2. Iterative process with the Applicant team which 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.
3. Project processed consistent with the Permit Streamlining Act timeframes. 10 710
Appellant’s Grounds of Appeal 3 and Staff Responses
Ground of Appeal 3: “The denial by the Planning Commission was based on personal biases.”
Staff Response:
1. The Appellant does not provide any evidence in their Appeal application to back up this assertion.
2. 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.
3. The Planning Commission, with the same Planning Commissioners, has approved other drive-through facilities, including recently, a Starbucks Coffee Shop.
11 711
Appellant’s Grounds of Appeal 4 and Staff Responses
Ground of Appeal 4: “The site has been being used as a Drive-Thru restaurant for many years.”
Staff Response:
1. The existing and proposed operational characteristics are not equivalent.
2. 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 increase demand at this site.
12 712
Appellant’s Ground of Appeal 5 and Staff Response
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:
1. The Planning 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.
2. This statement fails to address or dispute the Findings for denial.
3. The Project does not provide three times the queue spaces. a. Project provides 16 spaces
b. Project requires a minimum of 8 spaces
c. 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.
13 713
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.
14 714
End of Presentation
715
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.1
DATE: February 15, 2022
TO: City Council
FROM: Betsy George, Chief Financial Officer, 805-200-5400, [email protected] SUBJECT: FY 20-21 Annual Comprehensive Financial Report and Summary Presentation. (15/15/10)
RECOMMENDATION
That City Council receive the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP. (Finance and Governance Committee approved 2-0)
(Presentation will be live upon consultant's request).
BACKGROUND
Eadie + Payne, LLP (E+P) will present its audit opinion of the City of Oxnard’s financial statements, which consists of the respective financial position as of June 30, 2021, for the City's governmental activities, business-type activities, each major fund, aggregate remaining fund information, and respective changes in financial position.
New Information and Minor Change from Finance & Governance Committee At the Measure O Committee meeting on January 27, 2022, Eden Casareno from E+P delivered a presentation on the City’s Fiscal Year 2020-21 annual financial statement audit along with Measure O Fund information as of and for the year ended June 30, 2021. Upon Chair Lindholm's question regarding an unbudgeted $1.6M transfer out of the Measure O fund, Ms. Casareno explained that this was a transfer out to reimburse partially the Infrastructure Use Fee (IUF) to the utilities. Ms. Casareno's response was consistent with the City’s Annual Comprehensive Financial Report (ACFR), which showed a budget to actual variance in the Measure O FY2020-21 transfers of $1,617,985 that was related to IUF reimbursement made by the Measure O fund. However, the ACFR contains an error related to Measure O transfers.
On January 28, 2022, City staff reviewed the City's 2021 ACFR and discovered the error in the Supplementary Information Section. Specifically, pages 158 through 162 of the report contain an incorrect classification of an interfund transfer between the General Fund (101) and the Measure O Fund (104). The error only exists in the creation of the reports provided in the ACFR's Supplementary Information Section. The actual interfund transfer transactions and the City's accounting records are correct. The principal portion of a repayment by the General Fund of a loan from Measure O was mistakenly reported as a transfer related to IUF reimbursement. Attached to this staff report are E+P's letter and the CFO's explanation of the error. The ACFR has been corrected.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic plans adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
716
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on January 11, 2022, to approve staff's recommendation to forward the item to Council.
Prepared by: Eadie + Payne
ATTACHMENTS
1. Auditors' Report
2. Placeholder for ACFR 2021 Full Report (revised report expected 2-7-2022)
3. Letter from E+P re Measure O ACFR Correction
4. CFO's memo re Measure O ACFR Correction
5. Presentation by E+P
717
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721
A N N U A L C O M P R E H E N S I V E
FINANCIAL REPORT
F I S C A L Y E A R E N D E D J U N E 3 0 , 2 0 2 1
Full Report Available on February 7, 2022 and will
be available online at www.oxnard.org/finance
722
expect quality.
Eadie Payne, LLP
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
Office: 951-241-7800
www.eadiepaynellp.com
February 1, 2022
Alexander Nguyen
City Manager
City of Oxnard
Oxnard, CA
Dear Mr. Nguyen,
I received the memo from the City's CFO re: Misreporting of Measure O Transfers and Restatement FY 2010-21 Annual Comprehensive Financial Report. I completely agree with the CFO’s explanation and we’re working to make the correction of the following financial statements included in the ACFR.
Combining statements of revenues, expenditures and changes in fund balances – General Fund Group
General Fund – 101- General Fund Budgetary Comparison Schedule General Fund – 104 – Half Cent Sales Tax Budgetary Comparison Schedule
We will be reprinting the ACFR FYE 6/30/2021 in paper and electronically.
We thank the Oversight Committee, the Assistant City Manager and the CFO for catching our error and enabling the City to make the correction.
Sincerely,
Eden C. Casareno
Partner
723
MEMO
January 31, 2022
TO: Alexander Nguyen, City Manager
Shiri Klima, Deputy City Manager
FROM: Betsy George, Chief Financial Officer
SUBJECT: Mis-Reporting of Measure O Transfers and
Restatement FY 2020-21 Annual Comprehensive Financial Report At the Measure O Committee meeting on January 27, 2022, Eden Casareno, from the City’s external independent auditing firm Eadie + Payne, delivered a presentation on the City’s Fiscal Year 2020-21 annual financial statement audit along with Measure O Fund information as of and for the year ended June 30, 2021. The information contained in the presentation and the budget to actual variance explanation Ms. Casareno provided was consistent with the City’s Annual Comprehensive Financial Report (ACFR). However, the ACFR contains an error related to Measure O transfers. Therefore, while Ms Casareno’s statement that the budget to actual variance in the Measure O FY2020-21 transfers of $1,617,985 was related to Infrastructure Use Fee (IUF) reimbursement made by the Measure O fund was consist with the ACFR, it was not a correct variance explanation.
The amount in question, $1,617,985, is the principal portion of a payment made by the General Fund (101) for a loan from the Measure O Fund (104).
This amount was incorrectly categorized in the Supplemental Information section of City’s ACFR as Reimbursement of IUF Fees (see attached excerpt pages 158 through 162). In all supporting schedules and in the City’s financial system (HTE) the amount is correctly recorded Due Date Payment Principal Interest Balance
$0 $16,000,000
6/30/2016 $1,875,688 $1,395,688 $480,000 $14,604,312
6/30/2017 $1,875,688 $1,437,559 $438,129 $13,166,753
6/30/2018 $1,875,688 $1,480,686 $395,003 $11,686,068
6/30/2019 $1,875,688 $1,525,106 $350,582 $10,160,962
6/30/2020 $1,875,688 $1,570,859 $304,829 $8,590,102
6/30/2021 $1,875,688 $1,617,985 $257,703 $6,972,117
6/30/2022 $1,875,688 $1,666,525 $209,164 $5,305,593
6/30/2023 $1,875,688 $1,716,520 $159,168 $3,589,072
6/30/2024 $1,875,688 $1,768,016 $107,672 $1,821,056
6/30/2025 $1,875,688 $1,821,056 $54,632 $0
Annual Payment Schedule
Measure 'O' Loan to General Fund
724
January 31, 2022
and labeled as Interfund Transfer Offset. The error in the June 30, 2021 ACFR was not discovered during staff’s review of the report. The principal portion of the debt payment should have been reported in the Principal line under Debt Service as highlighted in the attached ACFR excerpts. The consolidated General Fund financial statements presented in the Financial Section of the City’s ACFR are correctly stated. The error occurred only within the Statistical Section in the break-out of the General Fund Group.
I am working with Eadie + Payne to correct the error and re-issue the City’s ACFR. The restated and correct report is expected to be completed and ready for distribution by February 8, 2022. In the meantime, the June 30, 2021 ACFR has been pulled from the City’s website and the six individuals who received a bound hard copy version of the report will be notified of the pending correction. Those notifications have already begun.
For your reference, also attached, is the corrected version of the Measure O Fund Budgetary Comparison Schedule (page 162 of the ACFR). You can see that the $1,617,085 has been correctly classified in to the Principal line item and that the overall results have not been impacted. Net change in Fund Balance remains $293,440 and Ending Fund Balance is $18,314,275.
Lastly, and also for your refence, is the schedule for IUF reimbursements to the City’s utility funds. The impact of entire amount due is recorded in the June 30, 2021 financial statements. A lump sum amount of $5,000,000 was paid from the General Fund in June 2021. The remaining payments are made on a quarterly basis. This payment schedule complies with the court order used on June 14, 2021. No moneys have or will come from the Measure O Fund to make these reimbursements.
2020‐21 2021‐22 2022‐23 2023‐24
General Fund Payments (5,000,000) (5,000,000) (10,000,000) (9,470,697) Street Fund Payments (7,000,000)
Water 15,505,406 2,125,735 5,101,763 4,251,470 4,026,438 WasteWater 10,929,598 1,498,408 3,596,180 2,996,816 2,838,194 Enviromental Resoucres 10,035,693 1,375,857 3,302,057 2,751,714 2,606,065 Total $36,470,697
725
Oringinal A CFR to be Reissued
-158-
CITY OF OXNARD
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GENERAL FUND GROUP
FOR THE YEAR ENDED JUNE 30, 2021
101 - General 104 - Half Cent 105 - Street 641 - Performing Fund Sales Tax Maintenance Arts Center
REVENUES
Taxes 126,827,163 $ 17,404,320 $ $ - $ -
Licenses and permits 3,967,887 - - -
Intergovernmental 6,128,181 - - -
Charges for services 15,963,993 - 2,040,000 12,889
Fines and forfeitures 1,852,220 - - -
Interest on investments 312,031 35,581 - -
Special assessments 64,923 - - -
Miscellaneous (52,774) 2,375,654 18,455 -
Total Revenues 17,387,127 157,492,052 2,058,455 12,889
EXPENDITURES
Current
General government 15,528,903 891,595 - -
Public safety 84,962,447 8,413,399 - -
Transportation 4,878,410 506,714 765,749 -
Community development 10,076,369 1,137,637 - -
Culture, leisure and libraries 16,562,904 1,127,970 - 38,328 Capital Outlay 769,753 268,213 3,628,095 -
Debt Service
Principal 1,617,985 (797,985) -
Interest and fiscal charges 257,703 - 243,832 -
Total Expenditures 134,654,474 4,393,844 11,791,375 38,328
EXCESS OF REVENUES OVER (UNDER)
EXPENDITURES 22,837,578 5,595,752 (2,335,389) (25,439)
OTHER FINANCING SOURCES (USES)
Reimbursement of IUF fees (27,852,712) (1,617,985) (7,000,000) - Transfers to Golf Course Fund - - - -
Transfers in 2,050,086 (1,413,002) - -
Transfers out (5,103,343) (2,271,325) - 31,253
Total Other Financing Sources (Uses) (30,905,969) (5,302,312) (7,000,000) 31,253 NET CHANGE IN FUND BALANCES (8,068,391) 293,440 (9,335,389) 5,814 FUND BALANCES, JULY 1, AS PREVIOUSLY STATED 4,679,311 18,020,835 13,917,604 1,877
PRIOR-PERIOD ADJUSTMENT - - - -
FUND BALANCES, JULY 1, AS RESTATED 18,020,835 4,679,311 13,917,604 1,877 FUND BALANCES, JUNE 30 $ (3,389,080) 18,314,275 $ 4,582,215 $ 7,691 $ *
GENERAL FUND
Other funds include: General Fund Carryover (102), Oxnard Police Department (OPD) Training (103), Stormwater Management (114), Payroll Clearing Trust (542), Carnegie Art Trust (543), Housing Payroll Trust (545), City Artworks Trust (546), City Corps Trust (555), and Contributions/Donations Trust (571).
GF s/b $0.0
GF s/b ($29,470,697)
MO s/b $820-,000
MO s/b $0.0
726
Oringinal ACFR to be Reissued
-159-
651 - Golf
Course Other* Total
REVENUES
$ - $ - $ 144,231,483 Taxes
- - 3,967,887 Licenses and permits
- 44,053 6,172,234 Intergovernmental
- - 18,016,882 Charges for services
- - 1,852,220 Fines and forfeitures
- - 347,612 Interest on investments
- 427,321 492,244 Special assessments
- 268,471 Miscellaneous 2,609,806
- 177,690,368 739,845 Total Revenues
EXPENDITURES
Current
- 80,507 16,501,005 General government
- 111,316 93,487,162 Public safety
- - 6,150,873 Transportation
- 1,332,143 12,546,149 Community development
- 5,278 17,734,480 Culture, leisure and libraries
- 131,360 4,797,421 Capital Outlay
Debt Service
- - 820,000 Principal
- - 501,535 Interest and fiscal charges
- 152,538,625 1,660,604 Total Expenditures
EXCESS OF REVENUES OVER (UNDER)
- (920,759) 25,151,743 EXPENDITURES
OTHER FINANCING SOURCES (USES)
- - (36,470,697) Reimbursement of IUF fees
(1,236,347) - (1,236,347) Transfers to Golf Course Fund - 971,919 1,609,003 Transfers in
- 6,188 (7,337,227) Transfers out
(1,236,347) 978,107 (43,435,268) Total Other Financing Sources (Uses) (1,236,347) 57,348 (18,283,525) NET CHANGE IN FUND BALANCES 1,236,347 484,530 38,340,504 FUND BALANCES, JULY 1, AS PREVIOUSLY STATED - (208,913) (208,913) PRIOR-PERIOD ADJUSTMENT
1,236,347 38,131,591 275,617 FUND BALANCES, JULY 1, AS RESTATED $ - $ 19,848,066 332,965 $ FUND BALANCES, JUNE 30
GENERAL FUND
727
Oringinal ACFR to be Reissued
-160-
CITY OF OXNARD, CALIFORNIA
GENERAL FUND - 101 - GENERAL FUND
BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2021
ORIGINAL FINAL ACTUAL VARIANCE WITH
BUDGET BUDGET AMOUNTS FINAL BUDGET
REVENUES
Taxes
Property 61,113,742 $ $ 61,113,742 $ 61,260,103 $ 146,361 Sales 29,914,872 29,914,872 50,519,063 20,604,191
Transient occupancy 4,786,000 4,786,000 4,267,463 (518,537) Business license (net of refund) 5,904,500 5,904,500 5,964,716 60,216 Franchise 3,843,679 3,843,679 3,904,884 61,205
Other taxes 706,539 706,539 910,934 204,395
Licenses and permits 2,667,651 3,020,561 3,967,887 947,326 Intergovernmental 2,101,011 2,101,011 6,128,181 4,027,170 Charges for services 14,868,918 15,760,918 15,963,993 203,075 Fines and forfeitures 2,932,504 2,932,504 1,852,220 (1,080,284) Interest on investments 290,000 290,000 312,031 22,031
Special assessments 70,000 70,000 64,923 (5,077)
Miscellaneous 2,358,430 3,319,295 2,375,654 (943,641)
Total Revenues 131,557,846 133,763,621 157,492,052 23,728,431
EXPENDITURES
General Government
Legislative
City Council 508,611 566,615 513,299 53,316
City Clerk 739,444 776,154 770,197 5,957
Administrative and Support Services
Billing and licensing 1,104,601 1,104,136 970,792 133,344 City Manager 1,832,082 1,815,964 1,858,639 (42,675)
City Attorney 2,019,589 2,109,711 2,090,155 19,556
Finance 5,064,125 5,406,488 5,486,612 (80,124)
Human resources 2,738,046 2,730,506 2,670,839 59,667
Nondepartmental 3,515,023 1,996,454 1,168,370 828,084
Public Safety
Police 62,841,663 62,232,638 60,859,256 1,373,382
Fire 20,253,248 22,579,389 24,103,191 (1,523,802)
Transportation systems 5,188,000 5,212,056 4,878,410 333,646 Community Development
Development services 9,223,904 11,285,177 9,481,346 1,803,831 Economic development and tourism service 70,766 77,766 70,686 7,080 Housing services 376,303 392,926 448,568 (55,642)
Community service 81,493 81,331 75,769 5,562
Culture, leisure and libraries
Recreation services 6,427,223 6,384,235 5,445,338 938,897 Park and public grounds 7,436,445 7,493,766 7,330,324 163,442 Library services 3,964,490 3,955,309 3,787,242 168,067
Capital outlay - 656,351 769,753 (113,402)
Principal 1,509,519 1,509,519 1,617,985 (108,466)
Interest and fiscal charges 257,703 257,703 257,703 -
Total Expenditures 135,152,278 138,624,194 134,654,474 3,969,720 EXCESS OF REVENUES OVER EXPENDITURES (4,860,573) (3,594,432) 22,837,578 27,698,151 s/b $0.0 s/b $1,509,519
728
Oringinal ACFR to be Reissued
-161-
GENERAL FUND - 101 - GENERAL FUND (Continued)
BUDGETARY COMPARISON SCHEDULE
ORIGINAL FINAL ACTUAL VARIANCE WITH
BUDGET BUDGET AMOUNTS FINAL BUDGET
OTHER FINANCING SOURCES (USES)
Reimbursement of IUF Fees - $ $ (5,000,000) $ (27,852,712) $ (22,852,712) Transfers in 1,713,671 1,713,671 2,050,086 336,415
Transfers out (5,901,791) (5,558,954) (5,103,343) 798,448 Net Other Financing Sources (Uses) (9,188,120) (3,845,283) (30,905,969) (21,717,849) NET CHANGE IN FUND BALANCES (7,439,715) (14,048,693) (8,068,391) 5,980,302 FUND BALANCES, JULY 1 4,679,311 4,679,311 4,679,311 -
FUND BALANCES, JUNE 30 $ (9,369,382) (2,760,404) $ (3,389,080) $ 5,980,302 $ s/b ($29,470,697) s/b ($24,470,697)
729
Oringinal ACFR to be Reissued
-162-
CITY OF OXNARD, CALIFORNIA
GENERAL FUND - 104 - HALF CENT SALES TAX
BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2021
ORIGINAL FINAL ACTUAL VARIANCE WITH
BUDGET BUDGET AMOUNTS FINAL BUDGET
REVENUES
Taxes
Sales 13,179,000 $ 13,179,000 $ 17,404,320 $ 4,225,320 $ Interest on investments 183,051 183,051 35,581 (147,470) Miscellaneous - - (52,774) (52,774)
Total Revenues 13,362,051 13,362,051 17,387,127 4,025,076
EXPENDITURES
General Government
Administrative and Support Services
City Manager 57,329 41,873 41,873 -
Information Technology 883,897 838,220 838,220 -
Nondepartmental 20,161 11,506 11,502 4
Public Safety
Police 3,250,543 3,194,749 3,194,749 -
Fire 4,632,418 5,352,843 5,218,650 134,193
Transportation systems 519,384 506,716 506,714 2
Community Development
Development services 287,185 288,828 243,829 44,999
Housing services 1,103,547 2,440,514 893,808 1,546,706
Culture, leisure and libraries
Recreation services 554,486 355,571 349,908 5,663
Park and public grounds 801,274 742,294 733,614 8,680
Library services 55,534 45,449 44,448 1,001
Capital outlay 174,980 2,758,873 268,213 2,490,660
Principal (797,985) (797,985) (797,985) -
Interest and fiscal charges 276,266 251,759 243,832 7,927 Total Expenditures 11,819,019 16,031,210 11,791,375 4,239,835 EXCESS OF REVENUES OVER EXPENDITURES 1,543,032 (2,669,159) 5,595,752 8,264,911
OTHER FINANCING SOURCES (USES)
Reimbursement of IUF fees - - (1,617,985) (1,617,985)
Transfers in (1,514,671) (1,413,002) (1,413,002) -
Transfers out (2,271,327) (2,271,327) (2,271,325) 2
Net Other Financing Sources (Uses) (3,684,329) (3,785,998) (5,302,312) (1,617,983) NET CHANGE IN FUND BALANCES (2,242,966) (6,353,488) 293,440 6,646,928 FUND BALANCES, JULY 1 18,020,835 18,020,835 18,020,835 - FUND BALANCES, JUNE 30 $ 15,777,869 11,667,347 $ 18,314,275 $ 6,646,928 $ s/b $820,000 s/b ($1,617,958)
s/b $0.0
730
REVENUES
ORIGINAL
BUDGET
FINAL
BUDGET
ACTUAL
AMOUNTS
VARIANCE WITH
FINAL BUDGET
Taxes
Sales $13,179,000 $13,179,000 $17,404,320 $ 4,225,320
Interest on investments 183,051 183,051 35,581 (147,470) Miscellaneous ‐ ‐ (52,774) (52,774)
Total Revenues 13,362,051 13,362,051 17,387,127 4,025,076
EXPENDITURES
General Government
Administrative and Support Services
City Manager 57,329 41,873 41,873 ‐
Information Technology 883,897 838,220 838,220 ‐
Nondepartmental 20,161 11,506 11,502 4
Public Safety
Police 3,250,543 3,194,749 3,194,749 ‐
Fire 4,632,418 5,352,843 5,218,650 134,193
Transportation systems 519,384 506,716 506,714 2
Community Development
Development services 287,185 288,828 243,829 44,999
Housing services 1,103,547 2,440,514 893,808 1,546,706
Culture, leisure and libraries
Recreation services 554,486 355,571 349,908 5,663
Park and public grounds 801,274 742,294 733,614 8,680
Library services 55,534 45,449 44,448 1,001
Capital outlay 174,980 2,758,873 268,213 2,490,660
Principal (797,985) (797,985) 820,000 (1,617,985)
Interest and fiscal charges 276,266 251,759 243,832 7,927 Total Expenditures 11,819,019 16,031,210 13,409,360 2,621,850 EXCESS OF REVENUES OVER EXPENDITURES 1,543,032 (2,669,159) 3,977,767 6,646,926
OTHER FINANCING SOURCES (USES)
Transfers in (1,514,671) (1,413,002) (1,413,002) ‐
Transfers out (2,271,327) (2,271,327) (2,271,325) 2 Net Other Financing Sources (Uses) (3,785,998) (3,684,329) (3,684,327) 2 NET CHANGE IN FUND BALANCES (2,242,966) (6,353,488) 293,440 6,646,928 FUND BALANCES, JULY 1 18,020,835 18,020,835 18,020,835 ‐ FUND BALANCES, JUNE 30 $15,777,869 $11,667,347 $18,314,275 6,646,928$
CITY OF OXNARD, CALIFORNIA
GENERAL FUND ‐ 104 ‐ HALF CENT SALES TAX
BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2021
CORRECTED
-162-
731
REVENUES
ORIGINAL
BUDGET
FINAL
BUDGET
ACTUAL
AMOUNTS
VARIANCE
WITH FINAL
BUDGET
Taxes
Property 61,113,742 $ $61,113,742 $61,260,103 146,361$
Sales 29,914,872 29,914,872 50,519,063 20,604,191
Transient occupancy 4,786,000 4,786,000 4,267,463 (518,537) Business license (net of refund) 5,904,500 5,904,500 5,964,716 60,216 Franchise 3,843,679 3,843,679 3,904,884 61,205
Other taxes 706,539 706,539 910,934 204,395
Licenses and permits 2,667,651 3,020,561 3,967,887 947,326 Intergovernmental 2,101,011 2,101,011 6,128,181 4,027,170 Charges for services 14,868,918 15,760,918 15,963,993 203,075 Fines and forfeitures 2,932,504 2,932,504 1,852,220 (1,080,284) Interest on investments 290,000 290,000 312,031 22,031
Special assessments 70,000 70,000 64,923 (5,077)
Miscellaneous 2,358,430 3,319,295 2,375,654 (943,641)
Total Revenues 131,557,846 133,763,621 157,492,052 23,728,431
EXPENDITURES
General Government
Legislative
City Council 508,611 566,615 513,299 53,316
City Clerk 739,444 776,154 770,197 5,957
Administrative and Support Services
Billing and licensing 1,104,601 1,104,136 970,792 133,344 City Manager 1,832,082 1,815,964 1,858,639 (42,675)
City Attorney 2,019,589 2,109,711 2,090,155 19,556
Finance 5,064,125 5,406,488 5,486,612 (80,124)
Human resources 2,738,046 2,730,506 2,670,839 59,667
Nondepartmental 3,515,023 1,996,454 1,168,370 828,084
Public Safety
Police 62,841,663 62,232,638 60,859,256 1,373,382
Fire 20,253,248 22,579,389 24,103,191 (1,523,802)
Transportation systems 5,188,000 5,212,056 4,878,410 333,646 Community Development
Development services 9,223,904 11,285,177 9,481,346 1,803,831 Economic development and tourism se 70,766 77,766 70,686 7,080 Housing services 376,303 392,926 448,568 (55,642)
Community service 81,493 81,331 75,769 5,562
Culture, leisure and libraries
Recreation services 6,427,223 6,384,235 5,445,338 938,897 Park and public grounds 7,436,445 7,493,766 7,330,324 163,442 Library services 3,964,490 3,955,309 3,787,242 168,067
Capital outlay ‐ 656,351 769,753 (113,402)
Principal 1,509,519 1,509,519 ‐ 1,509,519
Interest and fiscal charges 257,703 257,703 257,703 ‐
Total Expenditures 135,152,278 138,624,194 133,036,489 5,587,705 EXCESS OF REVENUES OVER EXPENDITURES (3,594,432) (4,860,573) 24,455,563 29,316,136
CITY OF OXNARD, CALIFORNIA
GENERAL FUND ‐ 101 ‐ GENERAL FUND
BUDGETARY COMPARISON SCHEDULE
FOR THE YEAR ENDED JUNE 30, 2021
CORRECTED
-160- 732
OTHER FINANCING SOURCES (USES)
ORIGINAL
BUDGET
FINAL
BUDGET
ACTUAL
AMOUNTS
VARIANCE
WITH FINAL
BUDGET
Reimbursement of IUF Fees $‐ $(5,000,000) $(29,470,697) $(24,470,697) Transfers in 1,713,671 1,713,671 2,050,086 336,415
Transfers out (5,558,954) (5,901,791) (5,103,343) 798,448 Net Other Financing Sources (Uses) (3,845,283) (9,188,120) (32,523,954) (23,335,834) NET CHANGE IN FUND BALANCES (7,439,715) (14,048,693) (8,068,391) 5,980,302 FUND BALANCES, JULY 1 4,679,311 4,679,311 4,679,311 ‐
FUND BALANCES, JUNE 30 $(2,760,404) $(9,369,382) $(3,389,080) 5,980,302$ GENERAL FUND ‐ 101 ‐ GENERAL FUND (Continued)
BUDGETARY COMPARISON SCHEDULE
CORRECTED
-161-
733
AUDIT REPORT FOR
FYE JUNE 30, 2021
City Council Meeting | February 15, 2022
734
2 City Council Meeting | February 15, 2022
AGENDA
Independent Auditor’s Opinion
ACFR Highlights
Revenues - General Fund Group
Expenditures - General Fund Group
General Fund Group Combining Schedule
Critical Audit Matters
3 4
8 9
10 11
735
City Council Meeting | February 15, 2022
INDEPENDENT AUDITOR’S OPINION
3 “Clean Opinion”
for June 30, 2021
see pages 1 – 4 of ACFR
736
City Council Meeting | February 15, 2022
ACFR HIGHLIGHTS - Net Position ($ millions)
4 Assets and Deferred Outflows
of Resources, $3,057
Liabilities and
Deferred Inflows of
Resources, $845
Net Position,
$2,212
2020
Assets and Deferred Outflows
of Resources, $3,147
Liabilities and
Deferred Inflows of
Resources, $903
Net Position,
$2,244
2021
737
City Council Meeting | February 15, 2022
5 Revenues - Governmental Activities Expenses - Governmental Activities
ACFR HIGHLIGHTS
Governmental Activities Revenues & Expenses
Charges for Services
21%
Operating Grants
and Contributions
11%
Capital Grants and
Contributions
3%
Property Tax
32%
Sales Tax
27%
Other Taxes
5%
Other
1%
General
Government
21%
Public Safety
50%
Transportation
Systems
Community
Development
9%
Culture, Leisure
and Libraries
13%
Interest on LongTerm Debt
2%
738
City Council Meeting | February 15, 2022
ACFR HIGHLIGHTS - ($ millions)
6 2021
Revenues Expenses
Business-Type Activities Revenues & Expenses
0 10 20 30 40 50 60 70
Water
Wastewater
Environmental Resources
Oxnard Housing Authority
2020
$ Millions 0 10 20 30 40 50 60 70
Water
Wastewater
Environmental Resources
Oxnard Housing Authority
Golf Course
$ Millions
739
City Council Meeting | February 15, 2022
ACFR HIGHLIGHTS - General Fund Group ($ millions)
7 $120
$130
$140
$150
$160
$170
$180
$190
$200
Revenues Expenditures / Net Transfers
2020
178
2021
155
153
155
740
City Council Meeting | February 15, 2022
REVENUES – General Fund Group ($ millions)
8 Taxes, $119
Charges for
Services, $23
Other, $14
2020
Taxes, $144
Charges for
Services, $18
Other, $15
2021
741
City Council Meeting | February 15, 2022
EXPENDITURES - General Fund ($ millions)
9 General
Government, $21
Public Safety, $92
Community
Development,
$12
Culture, Leisure,
and Library
Services, $21
Other, $8
2020
General Government,
$17
Public Safety, $93
Community
Development,
$13
Other, $12
Culture, Leisure and
Libraries, $18
2021
742
City Council Meeting | February 15, 2022
(in thousands)
GENERAL FUND GROUP COMBINING SCHEDULE
10 101 - General 104 - Half Cent 105 - Street
641 -
Performing 651 - Golf
Fund Sales Tax Maintenance Arts Center Course Other* Total Assets $ 47,752 $ 13,909 $ 12,593 $ 8 $ - $ 1,972 $ 76,234 Liabilities & Deferred Inflows $ 51,141 $ (4,405) $ 8,011 $ - $ - $ 1,639 $ 56,386 Fund Balances $ (3,389) $ 18,314 $ 4,582 $ 8 $ - $ 333 $ 19,848 Revenues $ 157,492 $ 17,387 $ 2,058 $ 13 $ - $ 740 $ 177,690 Total Expenditures $ (133,036) $ (13,409) $ (4,394) $ (38) $ - $ (1,661) $ (152,538) Other Financing Sources (Uses) $ (32,524) $ (3,684) $ (7,000) $ 31 $ (1,236) $ 978 $ (43,435) Net Changes in Fund Balances $ (8,068) $ 293 $ (9,335) $ 6 $ (1,236) $ 57 $ (18,283) Schedule might not foot due to rounding.
* Other funds include: General Fund Carryover (102), Oxnard Police Department (OPD) Training (103), Stormwater Management (114), Payroll Clearing Trust (542), Carnegie Art Trust (543), Housing Payroll Trust (545), OPD Property Room Trust (551), City Corps Trust (555), and Contributions/Donations Trust (571). 743
11 City Council Meeting | February 15, 2022
CRITICAL AUDIT MATTERS
➢ Accounting estimates
▪ Allowances for doubtful accounts
▪ Pension & OPEB
▪ Self-insurance claims payable
▪ Depreciation expense and accumulated depreciation
➢ Significant disclosures
▪ Deficit fund balances
▪ Prior-period adjustments
▪ Pension & OPEB related
▪ Commitments and contingencies, risks and uncertainties, and subsequent events 744
12 City Council Meeting | February 15, 2022
CRITICAL AUDIT MATTERS
➢ Challenges encountered during audit
➢ Audit adjustments
➢ New accounting pronouncements
➢ GASB 84, Fiduciary Activities
➢ GASB 98, The Annual Comprehensive Financial Report
➢ Other audit findings
▪ Internal control report – tentative March 2022
▪ IT assessment & vulnerability scan
745
THANK
YOU!
Eden C. Casareno
[email protected]
909.809.7662
Mary Maxion
[email protected]
909.557.8385
746
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.2
DATE: February 15, 2022
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Update on Status and Accomplishments of Current Measure O Projects and Opening the Conversation regarding the Weaning Schedule. (0/10/10)
RECOMMENDATION
That the City Council:
1. Receive and file the annual update; and
2. Open the conversation regarding the Measure O weaning schedule.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6C11bCPNPN0
BACKGROUND
On November 4, 2008, the voters of the City of Oxnard approved Measure O, a half-cent sales tax for twenty years.
According to the ballot language, the City of Oxnard Vital Services Measure was intended “to protect, maintain, and enhance vital services including police, fire, emergency response, increasing street paving/pothole repair to improve traffic flow, expanding youth recreation, after school and anti-gang prevention programs, acquiring property for parks/open space preservation, upgrading stormwater drains, improving senior services, increasing code compliance, and other general services.”
DISCUSSION
The Past Year's Successes
As of January 4, 2022, there were a total of 42 active projects: 25 ongoing operational projects, 5 ongoing debt service items, and 12 one-time projects. Ongoing funded projects receive a specific amount of funds each fiscal year; if staff does not use all funding from that fiscal year, we cannot roll over unused funds to the following fiscal year. One-time funded projects receive the approved funding only once, and staff expend the funds throughout the course of the project, even if these funds roll over to the next fiscal year. Once the funds are depleted, that project receives no more funding.
This calendar year has been trying on many projects due to the COVID-19 pandemic. Either there were further staffing shortages due to the stay-at-home orders or programs put on hold due to health and safety orders. However, there were many accomplishments as well. In the table below are the status updates on all ongoing active Measure O funded projects.
Project
Name
Expenses as
of 1/4/2022
Status Update on
Project
Project Accomplishments
747
1. MO5401 -
Homework
Center Main
Library
$26,648.00
expended of
the
$61,533.00
annual
budget.
Homework Center
Services provided
digital homework help
by making the Digital
Homework Center
available for K-12
during regular work
hours by appointment
via video conferencing
and in person when
permitted
Over 112 students have been served.
Over 79.5 hours have been dedicated by staff to
digital homework help since July 1, 2020. Over
9,033 people have been reached via social media
marketing.
Parent comment: “I am happy the Library has the
in-person homework center option because I feel
my child concentrates better when in-person”
A regular Homework Center student both during
virtual only service and hybrid service said her
teacher mentioned she was doing better in math
2. MO5402 -
Library WiFi
Operational
Of the $2,000
annual
budget, this
amount has
been fully
expended.
During COVID-19,
librarians were
dependent on the
Library's Wi-Fi
connection to help
create digital
programming for all
ages. The Library’s
Wi-Fi connection
enabled the Library to
stay “open” even
while the physical
building was closed
and to spread health
and safety information
through social media
to keep Oxnard
residents informed.
During 2021, 4479 users logged into the library’s
wifi system
Over 84 digital programs and content
engagements with over 10,292 community
members attending between July 1 and January
11, 2022.
An average of 167 people reached per program,
an 18% increase.
Enabled COVID-19 safety guidelines to be
followed for staff and the community.
During open months, patrons used wifi for
business, job searching and research.
3. MO5403 -
Library
Integrated
System
Of the
$79,315
annual
budget, no
fund has
been
expended in
FY22.
Staff successfully
migrated over 220,000
records during COVID
closures to a new ILS
without interruption to
public service.
Without an efficient
ILS staff would not
have been able to
assist patrons with
checkout, curbside
assistance, materials
ordering and
integration into the
catalog.
Over 53,990 physical items were checked out in
2021 via in-person and curbside pickup, a 416%
increase over last FY.
250 book orders have been sent to the Library's
book vendor via new ILS, an increase of 59%.
Over 3,762 new items were cataloged and added
to the collection in 2021, an 8.5% increase over
last calendar year.
Improved interface with ease of reporting.
New system provides online tracking of materials
from order to claims.
4. MO5513 -
Recreation
Services
No funds
have been
expended to
date in FY22.
The annual
budget is
$85,735.
Funding supports after
school program fixed
cost for 10 local
schools.
Program serves over 1,000 children grades 1-8.
748
5. MO5514 -
Oxnard
Afterschool
No funds
have been
expended to
date in FY22.
The annual
budget is
$107,673.
Funding supports after
school program fixed
cost for 20 local
schools.
Program serves over 1,500 children grades 1-8.
6. MO5504 -
PAL
Operational
$45,484
expended out
of the
$187,320
In 2021, PAL held:
PAL
Community
Cinema
(summer):
3,000 viewers
Backpack
distribution
Meet-up
clean-up
November:
500 turkey
giveaways
December: toy
giveaway at
Southwinds,
Colonia, and
College Park
In 2021, Oxnard PAL program served 6,979 people. The
PAL site is still being used as a shelter and all programs have been conducted off site. We anticipate returning to the facility late Spring and being fully operational by Summer 2022.
7. MO5506 -
College Park
Programs
$20,178
expended of
the $115,000
annual
budget.
Food
distribution
every
Wednesday
serving 1,500
families
weekly.
Soccer fields
In 2021, served 159,165 individuals and 44,469
boxes of Food Share have been distributed
Reopened College Park fields for soccer
reservations and served over 150 soccer teams
aged 6 to 18 years and 4 adult leagues serving
over 100 adult teams
8. MO5507-
City Corps
Townkeeper
$550,526
expended out
of $1,321,263
Projects scheduled
based on community
needs and essential
services.
City Corps Townkeeping crews continue to provide the
citywide cleanup activities. In addition, City Corps also helps with different community events such as festivals and neighborhood cleanups.
9. MO5508-
Preschool to
You
$36,566
expended out
of the
$159,036
In 2021, this program
was offered five
mornings a week. In
the summer session,
five afternoons a week
were added.
In 2021, served 829 children
10. MO5501-
Mobile
Activity
$16,283
expended of
the $44,000
In the Spring Session,
this operated five
afternoons per week.
In the Summer
In 2021, served 1,394 residents
749
Center
Services
annual
budget.
Session, five mornings
per week were added.
11. MO5502-
Senior
Nutrition
Program
$19,754
expended out
of the
$40,367
In 2021, Hot
Meals To-Go
were available
for pickup at
Wilson and
Palm Vista
Senior Center
Homedelivered
meals were
served 5 days
a week: in the
first half of
2021, these
were delivered
by County
Food Share
Assistance; in
second half of
the year by the
City
In 2021, 46,141 meals served
City currently serves 121 homebound seniors
12. MO5505-
Day at the
Park -
Special
Needs
$3,195
expended of
the $16,757
annual
budget.
In 2021, the City
offered:
Special Pops
Fun Club &
Art Classes
(Jan.-June &
Nov.)
Special Pops
Baseball &
Golf (JulyAug.)
Special Pops
Events (Sept.,
Oct., Dec.)
In 2021, served 935 participants
Oxnard Special Population continued virtual
programming through the pandemic offering
virtual Fun Club and art classes. Once
restrictions were lifted sports and garden
programming along with special events such as
art show, Halloween drive-thru and toy drive
became available
13. MO1401 -
Spanish
Languages
Interpretation
$3,168
expended of
the $57,604
annual
budget.
The vendor translates
all Council and
Committee meetings
to Spanish.
In the past, the vendor translated live in the Council
Chambers as meetings progressed. Now, the vendor is
translating the virtual public meetings.
14. MO4301-
Safe Homes
Safe Family
$129,325
expended of
the $311,837
annual
budget.
In the first year, 1,134
residential units owned
by 26 separate entities
were enrolled into the
program. In the second
year, 157 additional
units have been
In the first year, 212 prior cases were screened to
identify 1,134 residential units enrolled into the
program.
In the first year, 153 inspections were conducted:
139 passing & 14 failing the initial inspection.
750
identified to enter the
program. The
meetings with property
owners and
inspections are
currently delayed due
to COVID-19.
One initial owner meeting is still pending and
eleven initial unit inspections remain to be
completed from the first year of the program.
(The yearly rechecks are being delayed at this
time due to COVID.)
15. 14IN02-
Ormond
Beach
Enhancement
$3,421
expended of
the $14,418
annual
budget.
Annual funding pays
for monthly costs as
well as Fall and Spring
monitoring, reporting,
and biological
oversight services
provided by
McCormick
Environmental.
The focus in 2021 was on ongoing monitoring on the
establishment of the natives that were planted and on the regrowth of the non-natives that were cut. The nonnatives such as Acacia and Myoporum were the species providing cover for encampments, and which were
removed in 2019 and 2020.
16. MO1603-
Measure O
Audit
Of the $5,000
annual
budget, no
funds have
been
expended to
date in FY22.
This year (and going
forward) Measure O
activity was audited in
conjunction with the
City’s Annual
Comprehensive
Financial Report.
There were no audit findings related to Measure O.
17. MO2209-
Fire
Advanced
Life Support
$10,534
expended of
the $136,000
annual
budget.
Funds allow the Fire
Department to provide
advanced life support
services to the
community. This is an
increase in service
level from the basic
life support services
previously provided.
The squad has been browned out and all qualified
paramedics work in a paramedic capacity while on duty
to assist with the increased calls for medical services due to the coronavirus pandemic, providing an increased level of service for all areas of Oxnard.
18. MO2201-
Fire Station 8
Operations
$1,853,355
expended of
the
$4,758,918
annual
budget.
Fire Station 8
Operations cover 21
sworn personnel that
staff a fire engine and
a fire truck 24 hours a
day, 365 days a year.
4,461 emergency responses were dispatched from Fire
Station 8 in calendar year 2021.
19. MO5101-
Homeless
Program
$197,761
expended of
the
$1,103,547
annual
budget.
Continued operation of
the homeless 110 bed
shelter on K Street in a
Covid responsive
operation
110 persons served daily
Successful Halaco Homeless Encampment
Outreach
20. MO2102-
911 System
(CAD/RMS)
$695,883
expended of
the $886,654
annual
budget.
The New World
Public Safety 911
system is fully
implemented and is
being upgraded on a
regular basis.
This application is providing a seamless data integration between the Public Safety 911 Computer-Aided
Dispatching (CAD) system and Record Management
System (RMS). This system allows staff to identify and
separate calls by the type of service or emergency. This enables public safety personnel to service the most dire of requests in the least amount of time. In 2021, over
751
268,000 calls were made to the 911 system. Of those,
approximately 87,000 calls were deemed priority calls,
and of those, 215 were the highest priority.
21. MO2101-
Enhance
Community
Police
$1,572,255
expended of
the
$3,581,381
annual
budget.
The project timeline is
ongoing and does not
have a current end
date.
This funding continues to enable the Police Department
to field officers in our Neighborhood Policing Team
(NPT). NPT Officers work to implement longer term
solutions beyond what can be solved with a 911 call.
They are the centerpiece of our annual goal of
community engagement and have a positive impact on
response times and community relations.
Overall Reported Part One Property Crime
experienced a 20.0% reduction
Overall Reported Part One Violent Crime
experienced a 6.3% reduction
Our Homeless Liaison Officers responded to
over 4,000 calls for service involving the
homelessness
We reallocated two positions back to the
NPT, increasing the total number to 9 officers.
22. MO5702-
East Village
Park
Operating
Maintenance
$22,502
expended of
the $83,039
annual
budget.
Ongoing general
maintenance and
utilities of East Village
Park.
Ongoing general maintenance and utilities of College
Park. Funding pays for five permanently assigned FTEs
(collectively this park and College Park) and all
operations costs.
23. MO3101-
ITS Annual
Maintenance
Of the
$35,121
annual
budget, $862
expended.
The City is upgrading
the Centralized Traffic
Signal System via
another CIP.
Meanwhile, this
project improves
signal timing and
performs equipment
replacement at needed
locations to help
maintain the 165
signal locations in the
City.
In the beginning of 2021, Signal Maintenance responded
to and completed 122 signal requests received through
the Oxnard 311 system.
24. MO3102-
Alley &
Roadway
Repair
$60,423
expended
and $239,898
encumbered
out of the
$502,091
annual
budget.
Ongoing maintenance
of alleys and street
repairs and
maintenance.
Beginning of 2021: responded to about 444
locations that needed road repairs.
Between January 1, 2021, and November 24,
2021, used 1,310.12 tons of hot asphalt that
covered approximately 163,896 sq.ft.
25. MO5701-
College Park
Maintenance
$311,430
expended of
the $753,908
annual
budget.
Ongoing general
maintenance and
utilities of College
Park.
Ongoing general maintenance and utilities of College
Park. Funding pays for five permanently assigned FTEs
(collectively this park and East Village Park) and all
operations costs.
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In the table below are the status updates on all ongoing active (meaning there are still payments left) debt service paid for by Measure O.
Project
Name
Expenses as
of 1/4/2022
Status Update on
Project
Project Accomplishments
26. MO2108-
Dispatch
Consoles
$160,212
expended of
the $320,425
annual budget.
Project completed in
March 2021. This is
the ongoing debt
service for these
console systems.
The debt maturity
date is 3/30/2025.
Project completion included the installation of seven new dispatch console systems and the required staff training.
27. MO2203-
Fire Station
8 Lease
Debt
Of the
$1,390,569 a
nnual budget,
$1,108,784
was expended
to date.
This is an ongoing
lease payment for
Fire Station 8. The
debt maturity date is
12/1/2031.
Fire Station 8 normally houses 10 personnel every day.
Additionally this station houses our Urban Search & Rescue (USAR) vehicle and equipment. It is an invaluable resource to our south end residents.
28. MO2207-
Fire Trucks
$114,869
expended of
the $229,738
annual budget.
This is an ongoing
lease payment for
two fire engines.
The debt maturity
date is 3/30/2025.
The two engines were placed into service in December 2019.
They are currently protecting residents in Council District 4 (from Fire Station 1) and in Council District 1 (from Fire Station 6). In 2021, E61 responded to 3332 requests for service; average turnout time (from when the station is alerted to leaving the stations) was 49.2 seconds. Our goal is under 60 seconds. E61’s average travel time (from leaving the station to arriving on scene) was 272 seconds. Our goal is under 240 seconds. E66 responded to 2475 requests for service; average turnout time was 44.4 seconds and average travel time was 309 seconds.
29. MO2208-
Handheld
Radios
$27,206
expended of
the $54,412
annual budget.
Radios were
purchased on the
2018 Bank of
America Lease
Purchase line of
credit and were
deployed in FY18.
This is the ongoing
debt service for
these radios. The
debt maturity date is
3/30/2025.
Over 100 new portable radios were purchased and deployed to Firefighters. These radios are in service and continue to be used on a daily basis in the City. These radios provide clearer communication channels allowing our first
responders to more efficiently address calls for service and leading to decreased loss of life and property.
30. MO3103-
2014 Lease
Service
Street Bond
Of the
$1,663,000
annual budget,
no funds have
been
expended to
date in FY22.
This is a debt
payment on previous
jobs. The debt
maturity date is
6/1/2029.
Construction was completed in November 2021 for Bryce
Canyon North and South as well as Fremont North
Neighborhoods for street resurfacing, and staff is negotiating with the contractor on a few final items before closing out the project.
In the table below are the status updates on all one-time active Measure O funded projects. 753
Project
Name
Expenses as
of 1/4/2022
Status Update on
Project
Project Accomplishments
31. MO5511-
New Senior
Center
$70,762
expended out
of a $93,250
one-time
budget.
Feasibility study in
progress with
completion expected
May 2022.
Architectural request for proposals (RFP) in draft, expected to release second quarter of 2022.
32. MO4302-
Tenant
Relocation
Assistance
No funds have
been
expended out
of a $20,000
one-time
budget.
No funds have been
expended to date;
the Safe Homes Safe
Family program
kicked off in July
2019 and no requests
for assistance have
been submitted as of
December 2021.
Funds are available for use as needed.
33. MO8101-
Economic
Development
Strategy
No funds have
been
expended out
of a $25,000
one-time
budget.
A draft strategy was
developed and
presented to Council
Committee preCOVID. The City is
hiring a project
manager to focus on
site based
development
projects and
retaining a
consultant to study
the commercial
landscape postCOVID and perform
a gap analysis. This
data will be utilized
in developing the
economic
development
strategic plan.
With the continuation of COVID and the shortage of
workers, the market remains unstable. Staff continues to work with the business community to offer resources and support in the form of grants, outdoor business expansion opportunities, job fairs and the Employee Pipeline while the bigger strategy is being developed.
34. MO2213-
Fire Station
Alert System
$61,696
expended and
$73,304
encumbered
out of a
$250,000 onetime budget.
Project is in process.
Two stations have
been completed
using Measure O
funding, and another
two stations using
CDBG funding. The
goal is to complete
this project by the
end of calendar year
2022 but supply
chain issues make
that estimate
uncertain at this
time.
The completed stations using Measure O funds (Fire
Stations 4 and 6) now have up to date reliable alerting for emergency response incidents. This upgraded alerting
system now announces more information to the personnel
in the station. It also has a large clock/timer so personnel can ensure they meet our performance goal of leaving the station within 60 seconds of an emergency response.
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35. MO5102-
Homeless
Shelter
Acquisition
$3,294
expended out
of a
$1,550,000
one-time
budget.
Second and B Streets
shelter/ mixed use
development
approved by Council
and received funding
approval from all
sources. Expect
construction to begin
in July 2022.
The new Homeless Solutions Center received all required funding approvals and is scheduled to start construction in June 2022. The shelter is on the ground floor and is
expected to be completed in the fall of 2023.
36. MO2111-
Roof
Replacement
- Sturgis
Annex
$4,068
expended out
of a
$1,025,000
one-time
budget.
Plans and
specifications
completed by a
design professional.
Designs approved
and awaiting
approval for
permitting.
Obtaining permits, then bidding out work. Completion
anticipated in Fall 2022 due to industry-wide material
shortage of roofing materials.
37. MO5515-
Roof
Replacement
- Colonia
Gym
$60,782
expended out
of a $605,000
one-time
budget.
Contract awarded in
October 2021 and
project under
construction.
Roof replacement is currently under
construction. Construction should be complete by the end of February with project closeout in March.
38. MO5516-
Roof
Replacement
- Wilson
Center
$352
expended out
of a $400,000
one-time
budget.
Plans and
specifications
completed by a
design professional.
Designs approved
and awaiting
approval for
permitting.
Obtaining permits, then bidding out work. Completion
anticipated in Fall 2022 due to industry-wide material
shortage of roofing materials.
39. MO5602-
Roof
Replacement
- PACC
Rental
$238
expended out
of a $295,000
one-time
budget.
Plans and
specifications
completed by a
design professional.
Designs approved
and awaiting
approval for
permitting.
Obtaining permits, then bidding out work. Completion
anticipated in Fall 2022 due to industry-wide material
shortage of roofing materials.
40. MO5712-
Tree
Mortality
Event
Response
$87,458
expended out
of a $87,500
one-time
budget.
Completed/Closed The project has removed 476 hazardous dead or dying trees in the City.
41. MO5509-
Colonia Gym
Facilities
Repairs
$12,332
expended of
a $18,000
one-time
budget
Resurfacing of gym
floor in process.
Project to be
completed by June
2022.
None yet.
42. MO5710-
Tree
Trimming
$240,969
expended of
a $250,000
Expected to
complete by June 30,
2022
Staff utilized the funding to eliminate the backlog of 2,700 trees that needed to be trimmed. The remaining funds in 755
Services
Program
one-time
budget
the amount of $9031 will be used to trim approximately 31 additional trees.
Weaning Process
On February 18, 2020, at the City Council meeting, staff explained that since Measure O will terminate in 2029 and we were past its midpoint, it was time to begin weaning ourselves off that stream of revenue. At the time, there were two purposes to weaning. First, in order to ensure the City can cover debt payments due past the sales tax’s sunset, the City needed to build up the fund balance in the few years before the sunset date. Second, at Measure O’s termination, all ongoing programs would have to be moved to another funding source, so the weaning effort was intended to make that reabsorption process smoother.
On July 22, 2021, at the Measure O Citizen Oversight Committee meeting, staff reported that the Covid-related recession impacted the Measure O half-cent sales tax revenue much less than staff predicted. Cumulatively from FY 2020-21 through FY 2028-29, Measure O would likely bring in $17 million more than staff anticipated a year prior. Though the concern about accumulating enough funds to cover debt payments due past the sales tax’s sunset had waned, the Oversight Committee recommended to continue to wean gradually to transition all ongoing programs to the General Fund by the time Measure O terminates, assuming such programs should transition. If Council agrees with this recommendation, the next issue is how to approach this weaning process.
Of the total 42 current Measure O programs, the ones weaned should only be those programs that are active and ongoing, which are the 25 projects listed in the first table above; the only exception is for the Measure O Audit (Project 16 above), which should not move to the General Fund because Measure O should pay to audit itself, and once it ends, there is no need for this audit. The five ongoing debt payments listed in the second table above should continue to be paid by Measure O as they are debt associated with items procured through Measure O. One-time projects should be completed and closed out from Measure O.
In the FY21-22 adopted budget, the 24 programs that need to be weaned cost the City $14,444,517. Though this amount is likely to grow over time due to various factors such as increases in employee labor contracts, retirement costs, internal support costs, and contract services (e.g., the Spanish Interpretation program), if the City were to wean equally from FY21-22 to FY28-29, utilizing the FY21-22 total cost, we ought to target $1.8 million in reabsorptions into the General Fund per year.
Staff offered the Oversight Committee four possible eight-year weaning schedule scenarios. (Of course, there are many other weaning schedule scenarios possible.) On October 28, 2021, the Oversight Committee recommended completing this weaning schedule at double the speed (meaning within four years rather than eight). More specifically, the Committee recommended weaning full time equivalent (FTE) positions and public safety projects first.
Staff is currently evaluating the Oversight Committee’s recommendation. Weaning at double speed means the General Fund needs to absorb those expenses in double time. The FY21-22 cost of all those projects is just over $14.4M; assuming a 2% increase in costs each year, weaning in double time means the General Fund would need to be ready to absorb $15.6M worth of projects in FY25-26. Staff is searching through the current budget and assessing our needs for the upcoming years to be able to recommend what items can move from the General Fund to Measure O such that the General Fund can absorb this large amount, if it can. Staff will return to Council in the Spring with a recommendation on this weaning process.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact of this update and initiating this conversation. 756
COMMITTEE OUTCOME
The Measure O Citizen Oversight Committee voted 6-0 on October 28, 2021, to recommend to the City Council its Measure O weaning schedule. The Measure O Citizen Oversight Committee voted 5-0 on January 27, 2022, to receive and file the update on the status and accomplishments of current Measure O projects.
Prepared by: Shiri Klima, Deputy City Manager
ATTACHMENTS
1. Status and Accomplishments of Measure O in 2021 Presentation 757
1 758
2 759
3 760
4 761
5 762
6 763
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8 765
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.3
DATE: February 15, 2022
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Amendment to an Agreement with the Oxnard School District (A-8318) for the Operations of the After School Education and Safety Grant (ASES) to increase the total value of the agreement by $5,030,000 bringing the total agreement amount to $2,950,000 in year one (FY 2021-2022) and $4,830,000 in year two (FY 2022-2023). (0/10/5)
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an amendment to the agreement (A-8318) with the Oxnard School District (OSD) for the operations of the Oxnard After School Education and Safety (ASES) Grant to:
(1) Increase the agreement amount by $5,030,000 resulting in a total agreement amount of $7,780,000, not to exceed $2,950,000 in year one (FY2021-2022) and $4,830,000 in year two (FY2022-2023) with an additional City match of $130,000 of in-kind services per fiscal year,
(2) Extend the expiration date for one year to June 30, 2023; and (3) Approve a budget appropriation recognizing $200,000 of additional FY21-22 Fund 272 (21st Century CLCP-ASESP) grant funding.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/LyOyAZ01Rs
BACKGROUND
The City has partnered with the Oxnard School District ("OSD") for more than 20 years and for the past nine years the City has been the main contractor for the ASES program. The ASES program provides after-school programming (Hours of Operation 1:30 p.m. - 6:00 p.m.) to over 2,200 Oxnard children on twenty school campuses. The agreement for FY2021-22 (A-8318) with OSD is for one year at $2,750,000.
The OSD utilizes City of Oxnard ("City") employees as site coordinators and Recreation staff to operate the entire program. In summary the A-8318provides for:
Employing 122 city employees between the ages 18-25
Over 100 Hours of Ongoing Professional Staff Development Training provided by the School District Over 1,000 Volunteer Hours
The OSD worked in partnership with the City to design a staffing model that works best for the Oxnard ASES program.
The following two elements integrate the school’s curriculum, instruction and learning support activities:
782
1. Educational and Literacy Element - This element provides tutoring and/or homework assistance designed to help students meet state standards in one or more of the following core academic subjects: reading/language arts, mathematics, history and social studies, or science.
2. Educational Enrichment Element - This element offers an array of additional services, programs, and activities that reinforce and complement the school’s academic program. Educational enrichment may include but is not limited to, positive youth development strategies, recreation and prevention activities. Such activities may involve the visual and performing arts, music, physical activity, health/nutrition promotion and general recreation, community service-learning and other youth development activities based on the student’s needs and interests.
DISCUSSION
The proposed amendment will extend the agreement expiration date by one year to June 30, 2023 and increase the amount the City receives from OSD by $5,030,000 for a total agreement value of $7,780,000.
The increase in funding will include an increase to the necessary full-time staffing levels beginning FY 2021-22 from:
one (1) Recreation Coordinator and
three (3) Recreation Leader III positions
to consist of the following full-time staff positions:
one (1) Recreation Supervisor,
three (3) Recreation Coordinators, and
twenty (20) Recreation Leader III’s.
These positions are in addition to over the existing 100 part-time Afterschool Site Leader and Afterschool Instructors positions. These additional full-time positions will provide an increase to services such as: expanding the number of students served at each of the 20 school sites, tracking attendance for each site, student enrollment, overall program planning on a larger scale. The additional Recreation Coordinators will be responsible for the planning and hosting of additional training, direct supervision of 20 Recreation Leader III’s, as well as bringing back the science and engineering components to the ASES program.
Upon approval of this amendment, and the upcoming FY 2022-23 Budget, Cultural and Community Services staff will work with the Human Resources Department to begin the recruitment and hiring process to fill these additional full-time positions associated with this agreement.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The agreement with OSD for FY2021-22 (A-8318) for an amount not to exceed $2,750,000 was included in the adopted FY 2021-22 budget in the ASES Fund (272-5502). Primary services, including reimbursement for actual expenses, shall not exceed two million five hundred thousand dollars ($2,500,000); "Additional Services" are not to exceed $250,000.
The amendment to the original agreement will adjust the FY 2021-22 budget (Year One) in the ASES Fund (272-5502) to a not to exceed of $2,950,000, an increase of $200,000. Primary services, including reimbursement for actual expenses, shall not exceed two million seven hundred thousand dollars ($2,700,000); There is no change to "Additional Services". 783
Year Two amount, not to exceed $4,830,000, will be included in the recommended FY 2022-23 budget in the ASES Fund (272-5502). Primary services, including reimbursement for actual expenses, shall not exceed four million eight hundred and thirty thousand dollars ($4,830,000).
This anticipated one-time increase in grant funding will essentially add twenty (20) new full-time authorized positions: 1 new Recreation Supervisor with an estimated annual cost of $120,000 annually, 2 new Recreation Coordinators with an estimated annual cost of $200,000, and 17 new Recreation Leader III with an estimated cost of $1.4M (or $85,000/each), totaling approximately $1.8 million to $2 million annually. These positions rely on grant funding. Any decrease in future funding can affect the number of these positions, meaning a loss of funding may result in the elimination of these positions.
The OSD requests matching funds by providing $130,000 of in-kind services per fiscal year. This match is met through the General Fund (101-5501) by providing office space for ASES program, phone, copier, administrative and management staff time and will also be included in the recommended FY2022-23 budget. The FY2021-22 match was included in the adopted budget. Student participation in various established recreation programs such as youth sports programs, educational field trips, and volunteer support also contribute to the in-kind match.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Julie Estrada, Recreation Coordinator
ATTACHMENTS
1. Amendment to Agreement 21-02 (A-8318) - City of Oxnard
2. ASES Contract FY 21-22
3. FY 21-22 Oxnard ASES Amendment BA
4. ASP Amendment Presentation 2021-2023
784
Exhibit A-0
page 1
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This First Amendment ("First Amendment") to the Agreement for Consulting Services ("Agreement") is made and entered into in the County of Ventura, State of California, this _ __ day of _____ , 2022 by and between the Oxnard School District (“District”) and the City of Oxnard (“Consultant”). District and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”. This First Amendment amends the Agreement entered into on May 18, 2021, by District and Consultant.
The District and Consultant agree as follows:
1. Under the Recitals, Section C; the phrase “for Fiscal Years 2021-2022 (the “Grant”).” Is deleted and replaced with “for Year One Fiscal Years 2021-2022, and Year Two Fiscal Years 2022-2023 (the “Grant”).
2. Under the Operative Provisions Section 2-Term of Agreement; the phrase “remain in effect from July 1, 2021 to and including June 30, 2022 (the “Term”)” is deleted and replaced with “remain in effect from July 1, 2021 to and including June 30, 2023 (the “Term”).”
3. Under the Operative Provisions Section 4-Compensation and Method of Payment; the phrase “the total compensation for the Primary Services, including reimbursement for actual expenses, shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) and “Additional Services” not to exceed Two Hundred Fifty Thousand ($250,000.00) payable through reimbursement as outlined in Exhibit A-0 and Exhibit B” is deleted and replaced with “the total compensation for Year One Primary Services, including reimbursement for actual expenses, shall not exceed Two Million Seven Hundred Thousand Dollars ($2,700,000.00) and “Additional Services” not to exceed Two Hundred Fifty Thousand ($250,000.00); the total compensation for Year Two Primary Services, including reimbursement for actual expenses, shall not exceed Four Million Eight Hundred and Thirty Thousand Dollars ($4,830,000.00) payable through reimbursement as outlined in Exhibit A-0 and Exhibit B. ”
4. In Exhibit A-0, Section I.F-Responsibilities; section I.F.1 is deleted in its entirety and replaced with the following:
1. Staff each school site to meet the 20:1 ratio with the following understanding:
a. The Recreation Supervisor will work year round (12 months/year) and be responsible for the oversight of the program, records, employee management, and communication between the City and the School District. The Recreation Supervisor will also to the best of their ability ensure all requirements are met and if necessary communicate any conflicts to the School District in a timely manner. This employee is not considered part of the 20:1 ratio.
b. The Recreation Coordinators will work year round (12 months/year) and be responsible for the planning, training, and execution of the assigned Afterschool Program components. The Recreation Coordinators are to ensure the site coordinators have all necessary materials to run the daily operations, schedule substitutes as needed, and in the absence of the Recreation Supervisor may assist in those duties.
These employees are not considered part of the 20:1 ratio. c. The Recreation Leader III (site coordinator) shall work year round (12 months/year) and run the daily operations of the program and support staff working directly with students. The site coordinator position shall address the administrative responsibilities of the program. The coordinator taking a group is the exception and not the rule. d. The Afterschool Site Leader shall assist the site coordinator with the daily operations of the program and provide additional support to staff working directly with students. 785
Exhibit A-0
page 2
The site coordinator position shall address the administrative responsibilities of the program. The Site Leader may be responsible for a group except when the site coordinator is absent. In the absence of the site coordinator, the site leader is responsible for daily operations.
e. Afterschool Instructors (lead staff) are defined as the staff working with the groups of students during the program. Lead staff will have a group that does not exceed the 20:1 ratio and provide activities they have received at the monthly training.
5. As so amended, the Agreement remains in full force and effect.
OXNARD SCHOOL DISTRICT: CITY OF OXNARD:
Lisa A. Franz, Director, Purchasing John Zaragoza, Mayor Date Date
Tax Identification Number: 95-6002318 Tax Identification Number: 95-6000756 ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM: APPROVED AS TO INSURANCE:
Stephen M. Fischer, City Attorney Michael More, Risk Manager APPROVED AS TO CONTENT:
Terrel Harrison, Cultural & Community Services Director APPROVED AS TO AMOUNT:
Alexander Nguyen, City Manager
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After School Education & Safety
Community Services Committee
By: Terrel Harrison, Cultural & Community Services Director February 15, 2022
864
Recommendation
2 That the City Council approve and authorize the Mayor to execute an amendment to the agreement (A-8318) with the Oxnard School District (OSD) for the operations of the Oxnard After School Education and Safety (ASES) Grant to
(1) Increase the agreement amount by $5,030,000 resulting in a total agreement amount not to exceed $2,950,000 in year one (FY2021-2022) and $4,830,000 in year two (FY2022-2023) with a City match of $130,000 of in-kind services per fiscal year; and
(2) Extend the expiration date for one year to June 30, 2023. (3) Approve a budget appropriation recognizing $200,000 of additional FY21-22 Fund 272 (21st Century CLCP-ASESP) grant
865
Overview
• Serving over 2,200 Oxnard
students
• Employing 122 individuals
between the ages 18-25
3 • Over 100 Hours of Ongoing Professional Staff Development Training provided by School Districts
• Hours of Operation 1:30 p.m. - 6:00 p.m.
• Over 1,000 Volunteer Hours
• Through special events and programs the afterschool program comes in contact with 1,500-2,000 parents and other family members.
866
Educational and Literacy Element
• Homework Assistance
• English Language
Development
• Math Fluency
• Reading Fluency/High
Frequency Words
4 867
Enrichment Opportunities
• Visual and Performing Arts
• Music
• Physical Activity/Recreation
• Health/Nutrition
• Technology
• Science
5 868
Community Outreach and Service Learning
• Cultivating Scholars (Parent Nights)
• Youth Directors Council
• Meet-Up Clean-Up
• Rockin’ 2 Sports
• Fun Fest
• Recreation Youth Sports Leagues
6 869
Funding
In 2002 California voters passed
Proposition 49 which funds the
After School Education and Safety
(ASES) Grant
● State of California grants funds to school districts that collaborate with community partners to provide safe and educationally enriching alternatives for children and youths during non-school hours. ● School districts, as grantees are responsible for creating, reviewing, and updating the program plan every three years as well as tracking its outcomes.
7 870
Amendment
• Extending the agreement for one (1) additional year. Changing the expiration date from June 30, 2022 to June 30, 2023
• Increase total agreement value from $2,750,000 to $7,780,000 • Year One (FY2021-22) not to exceed $2,950,000
• Year Two (FY2022-2023) not to exceed $4,830,000
8 871
Amendment
• The increase in funding will include an increase to the necessary full time staffing levels from:
• one (1) Recreation Coordinator and
• three (3) Recreation Leader III positions
• to now consist of the following full time staff positions::
• one (1) Recreation Supervisor,
• three (3) Recreation Coordinators, and
• twenty (20) Recreation Leader III’s.
• These positions are in addition to over 100 part time Afterschool Site Leader and Afterschool Instructors positions.
9 872
Amendment
• These additional full-time positions will provide an increase to services such as:
• expanding the number of students served at each of the 20 school sites,
• tracking attendance for each site,
• student enrollment,
• overall program planning on a larger scale.
• The additional Recreation Coordinators will be responsible for • the planning and hosting of additional training,
• direct supervision of 20 Recreation Leader III’s,
• bringing back the science and engineering components to the ASES program.
10 873
Fiscal Impact
• These positions rely on grant funding
• Any decrease in funding can affect the number of positions, • A loss of funding will result in the elimination of these positions. • Year One Funding increase $200,000
• Year Two funding $4,830,000
• City Match of $130,000 of in-kind services per fiscal year 11 874
QUESTIONS?
875
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.4
DATE: February 15, 2022
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Impact Fee Loan Agreement Amendment Las Cortes Phase III. (0/5/5)
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a First Amendment to the Loan Agreement with A0592 Oxnard, L.P., a California limited partnership (Agreement No. A-8226), for an increase in deferred impact fees related to the development of the Las Cortes Phase III affordable housing project.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mmty2GyH3gk
BACKGROUND
On September 18, 2012, the Board of Commissioners of the Oxnard Housing Authority approved a Development Agreement with UHC 00558 Oxnard L.P. and a subsequent First Amendment in 2015. The Development Agreement called for the redevelopment of a former public housing site commonly known as Colonia Village. On June 16, 2020, the Oxnard City Council authorized the Mayor to execute a loan agreement between A0592 Oxnard, LP, a California Limited partnership (“Developer”), for deferred impact fees in the amount of $1,916,880 related to the development of the Las Cortes III affordable housing project (Agreement No. A-8226). The project is structured as a partnership involving Las Cortes, Inc. (the City's non-profit affordable housing development entity) and Urban Housing Communities, forming the entity A0592 Oxnard, L.P.
Las Cortes Phase III will consist of a total of 108 affordable units and one unrestricted manager’s unit. Eighty-six of the 109 units being developed will replace a portion of the 260 units that were previously demolished on the project site which was previously known as Colonia Village or the Courts. The project is generally located along First Street between Rose Avenue and Marquita Street in Oxnard (“Property”). Colonia Village was originally constructed in 1952.
Due to the condition of the units, the Oxnard Housing Authority (“Authority”) submitted an application (HUD Demolition and Disposition Application) to the United States Department of Housing and Urban Development (“HUD”) requesting approval for the demolition and disposition of the Property in accordance with Section 18 of the U.S. Housing Act of 1937. The Authority received HUD’s approval of such disposition in a letter from HUD dated March 20, 2008.
That approval has subsequently been amended several times by HUD upon the Authority’s request.
To date, the Developer has demolished all 260 former public housing units on site and completed development of Phase II of Las Cortes, consisting of 142 replacement units, plus two units for resident managers.
Per the Development Agreement between the Authority and the Developer, up to 86 replacement units in Phase III are eligible for impact fee credits. The project, however, has the ability to bring more funding to the project by actually incurring the fees based upon a financing plan which includes Low Income Housing Tax Credits. By incurring these impact fees, the project adds costs eligible to receive tax credit funds. Therefore, staff previously recommended and the City Council authorized the fees to be charged, but that the payment of such fees be structured as a cash residual note. 876
The executed Loan Agreement between the City and the Developer requires the fees to be paid with excess cash generated by operations of the project beginning the date the project is placed-in service. The projected impact fees subject to the request for deferral included fees for eighty-six units, based on the City’s building impact fees prior to the impact fee increases approved by the City Council in May 2020. The Developer agreed to pay impact fees for the remaining twenty-three units.
DISCUSSION
The Developer of Las Cortes has not been successful in securing tax credit financing in prior funding rounds but intends on submitting a new application, which is expected to be due in late February of 2022. However, given the increase in building impact fees, the Developer is requesting to amend their current Impact Fee Loan Agreement to include increased building impact fees and Quimby fees for eighty-six units. The increase in deferred fees to be added to the existing Loan Agreement is $1,209,428 for a total amended loan agreement of $3,133,436 for a term of fifty-five years. In addition to this Loan Agreement, the Loan will be evidenced by a Surplus Cash Note and Deed of Trust. Prior to the Maturity Date the developer will be required to make payments of principal and interest on the Loan equal to ten percent of Surplus Cash (as defined in the Surplus Cash Note) on the dates required by the Surplus Cash Note. Should there be any variation in the calculated fees after the Impact Fee Agreement is executed, the exact fee calculation will be determined at the time the building permits are issued and an amendment will be made to Impact Fee Agreement to reflect the actual fee amount.
If awarded tax credits, Phase III of Las Cortes may begin construction as early as September 2022 and complete construction in December of 2023. The total estimated cost for development of Phase III is $81,005,438. The completed development will include 108 affordable units restricted to households with annual gross incomes ranging from 30% to 60% of the Area Median Income and one market-rate manager’s units. It will include twenty-three one-bedroom units, fifty-four two-bedroom units, thirty-one three-bedroom units, and one two-bedroom manager’s unit. Onsite amenities will include a community center featuring a manager’s office & leasing office, social service office, business center, club room with attached full-service kitchen, TV room, and centralized laundry facilities (two additional laundry facilities will also be offered on-site). Additionally, the center will have an attached outdoor courtyard and BBQ Patio.
The Developer’s proposed financing plan is provided below:
Amount Sources of Funds
$21,335,000 Permanent Loan
$41,833,508 Tax Credit Proceeds from Investor
$8,710,000 Oxnard Housing Land Contribution*
$1,870,000 Oxnard Housing Authority**
$3,133,436 Deferred Impact Fees (86 Units)
$3,304,818 Deferred Developer Fee
$628,410 Revenue Prior to Conversion
$81,005,438 Total
*Long-term ground lease on Authority owned property authorized in the Development Agreement between the Developer and the Authority dated, September 2012.
**Promissory Note between the Authority and the Developer for demolition of 146 vacant housing units on the existing project site, approved by the Housing Authority Board of Commissioners on January 21, 2020.
If the current effort for project financing is not successful, the Housing Department staff will work with Urban Housing Communities to redefine the overarching development agreement.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life. 877
FINANCIAL IMPACT
If approved, the loan for the impact fees for the project, expected to be $3,133,436, would be deferred for a term of fiftyfive years from the date the project is placed-in-service. Although this project is eligible for a fee waiver, the recommended action is to defer the fees rather than waive them.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Economic Development Committee approved 3-0 on January 25, 2022, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Impact Fee Loan Agreement
2. Las Cortes Power Point
878
AGREEMENT NUMBER A-8226
1 AMENDED AND RESTATED IMPACT FEE LOAN AGREEMENT
THIS AMENDED AND RESTATED IMPACT FEE LOAN AGREEMENT (this "Agreement") is entered into as of February 1, 2022, (the "Execution Date") by and between the City of Oxnard ("City"), and A0592 Oxnard, L.P. a California limited partnership ("Borrower"). This Agreement amends, restates, and supersedes that certain Impact Fee Loan Agreement dated as of July 1, 2020, which is hereby deemed terminated.
RECITALS
A. Borrower is developing a 109-unit residential apartment complex, including 1 manager’s unit, in the City upon that certain real property located within City (the “Project”).
B. Borrower has agreed to restrict the Project for occupancy by tenants earning no more than Sixty percent (60%) of the area median income adjusted for family size appropriate for the unit for a period of Fifty-Five (55) years from the date the Project is placed-in-service (the “Affordability Restrictions”). As consideration for Borrower agreeing to the Affordability Restrictions, the City agrees to make a loan (the "Loan") to Borrower up to an amount of Three Million, One Hundred and Thirty-Three Thousand Four Hundred Thirty-Six and 00/100 dollars ($3,133,436.00) to finance a portion of the development impact fees ("Development Fees") related to the Project. In addition to this Agreement the Loan will be evidenced by a Surplus Cash Note and Deed of Trust (this Agreement, the Promissory Note and the Deed of Trust are collectively referred to as the “Loan Documents”).
C. The parties desire to enter into this Agreement evidencing City's agreement to make the Loan upon the terms and conditions of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1) Loan. City hereby agrees to make a loan to Borrower for the payment of Development Fees (or reimbursement for Development Fees previously paid) in the amount up to Three Million, One Hundred and Thirty-Three Thousand Four Hundred Thirty-Six and 00/100 dollars ($3,133,436.00) at the applicable federal rate for a term of Fifty-Five (55) years commencing with the date the Project is placed-in-service.
2) Repayment. All principal and accrued interest shall be due and payable upon the FiftyFifth (55th) anniversary of the date the Project is placed-in-service (the “Maturity Date”). Prior to the Maturity Date Borrower shall make payments of principal and interest on the Loan equal to Ten 10% percent of Surplus Cash (as defined in the Surplus Cash Note) on the dates required by the Surplus Cash Note.
3) Affordability Restrictions. Borrower hereby agrees to restrict no fewer than One Hundred (100%) of the dwelling units, not including the manager units, in the Project for occupancy by tenants earning no more than Sixty percent (60%) of the area median income adjusted for family size appropriate for the unit for a period of Fifty-Five (55) years from the date the Project is placed-in-service.
4) Conditions of Funding. City agrees to defer to Borrower the full amount of the Loan upon receipt of fully executed originals of each of the Loan Documents. 879
AGREEMENT NUMBER A-8226
2 5) No Liability of City Officials. No councilmember, director, official or employee of the City shall be personally liable to Borrower, or any successor in interest, in the event of any default or breach by the City under this Agreement or for any amount which may become due to Borrower under the terms of this Agreement.
6) Miscellaneous Provisions.
a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, to the jurisdiction of which the parties hereto submit. b) Time of the Essence. Time is of the essence of each and every provision of this Agreement.
c) Notices. Notices or other communications given under this Agreement shall be in writing and shall be served personally or transmitted by first class mail, postage prepaid. Notices shall be deemed received either at the time of actual receipt or, if mailed in accordance herewith, on the third (3rd) business day after mailing, whichever occurs first. Notices shall be directed to the parties at the following addresses or at such other addresses as the parties may indicate by notice:
Borrower: A0592 Oxnard, L.P.
Attn: John Bigley
2000 E Fourth Street, #205
Santa Ana, CA 92705
City: City of Oxnard
Attn: City Manager
300 W. Third Street
Oxnard, CA 93030
d) Invalidity. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
e) Headings. The titles and headings of the various sections of this Agreement are intended solely for reference and are not intended to explain, modify or place any interpretation upon any provision of this Agreement.
f) Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such or the remaining provisions of this Agreement.
g) Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executing in writing by the party making the waiver.
h) Number and Gender. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each include the others whenever the context so indicates or requires.
880
AGREEMENT NUMBER A-8226
3 i) Further Assurances. The parties shall execute, acknowledge, file or record such other instruments and statements and shall take such additional action as may be necessary to carry out the purpose and intent of this Agreement.
j) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, legal representatives, successors and assigns. k) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the parties concerning the subject matter contained herein, written or oral.
No change, modification, addendum or amendment to any provision of this Agreement shall be valid unless executed in writing by each party hereto.
l) Attorneys' Fees. In the event of any litigation arising out of this Agreement, the prevailing party in such action, or the nondismissing party where the dismissal occurs other than by reason of a settlement, shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs paid or incurred in good faith.
The "prevailing party," for purposes of this Agreement, shall be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal or judgment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Execution Date.
BORROWER CITY
A0592 Oxnard, L.P., a California Limited
Partnership
CITY OF OXNARD
By: A0592 Oxnard Holdings LLC, a California
Limited Liability Company, Its Administrative
General Partner
By: John Bigley, Manager By: John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fisher, City Attorney
881
Emilio Ramirez
Housing Director
City Council
February 15, 2022
Las Cortes Phase III
882
Redevelopment of Colonia Village
2 883
Las Cortes Phase III
3 884
Current Status
885
4 Financing Plan
5 886
Amending the Impact Fee Loan Agreement
887
6 Recommendation
7 That the City Council approve and authorize the Mayor to execute a first amendment to the loan agreement with A0592 Oxnard, L.P., a California limited partnership, for an increase in deferred impact fees related to the development of the Las Cortes Phase III affordable housing project.
888