Agenda packet — Oxnard City Council, March 15, 2022 (part 2 of 6)

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.

Direct pedestrian entry through the front of the building shall be maintained from streets 625 177
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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. 626 178
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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)

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 627 179
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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)

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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

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 631 183
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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) 632 184
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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 633 185
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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.

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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, 636 188
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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. 637 189
Resolution No. 2021-XX (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: November 4, 2021

Page 23 of 24 ends

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. 638 190
Resolution No. 2021-XX (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: November 4, 2021

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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
639 191

ATTACHMENT
H

STAFF PRESENTATION
640 192
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 641 193
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
2 642 194
Project Location
3 Subject Site: 2551 North Vineyard Avenue
Existing Wendy’s Drive-through restaurant
643 195
Project Location
4 644 196
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
645 197
General Plan & Zoning Maps
Commercial General (CG)
General Plan Land Use Designation Zoning Designation
General Commercial-Planned Development
(C-2-PD)
6 646 198
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.
647 199
Existing vs. Proposed Site Plan
8 Existing Site Plan
Proposed Site Plan
648 200
Floor Plan
9 649 201
Landscape Plan
10650 202
Elevations - Rendered
11 651 203
Drive-Thru and Freestanding Signage
12652 204
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 205
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 206
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)
655 207
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)
656 208
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.
17657 209
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 210
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
659 211
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 212
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 213
Questions
22 662 214
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 663 215
PZ No. 21-550-01,Vineyard Starbucks Site Renovations
Planning Commission Hearing Date: November 4, 2021

Page 2 of 3 ends

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.

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 664 216
PZ No. 21-550-01,Vineyard Starbucks Site Renovations
Planning Commission Hearing Date: November 4, 2021

Page 3 of 3 ends

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
665 217

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 666 218
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021

Page 2 of 4 ends

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 667 219
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021

Page 3 of 4 ends

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 668 220
Vineyard Starbucks Site Renovations Project
Planning Commission Hearing Date: December 2, 2021

Page 4 of 4 ends

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. 669 221
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

CITY MAP
&6

'
%#('
72%1/+0)5614'

'
%#('9&6
241215'&5+6'
2 2
&6
&6
&6
OKPU
OKPU
OKPU
OKPU
OKPU
OKPU
OKPU
670 222
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
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
671 223
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
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
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949.553.1117 949.474.7056
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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
673 225

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.
674 226
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
675 227

ATTACHMENT
B

STAFF PRESENTATION
676 228
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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.

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 687 239
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022

Page 2 of 5 ends

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.
2 688 240
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022

Page 3 of 5 ends

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 3 689 241
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022

Page 4 of 5 ends

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. 4 690 242
Resolution No. 2022-02 (PZ 21-550-01; Vineyard Starbucks Site Renovations) Planning Commission Date: January 13, 2022

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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
5 691 243

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO._______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE APPEAL AND OVERTURNING THE PLANNING
COMMISSION DENIAL OF 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

DRIVE-THROUGH FAST FOOD RESTAURANT BUILDING AND TO ALLOW FOR A 2,500 SQUARE-FOOT STARBUCKS DRIVE-THROUGH COFFEE SHOP ON A 0.66 ACRE PROJECT SITE AND ADMINISTRATIVE PARKING RELIEF TO DECREASE THE NUMBER OF REQUIRED PARKING SPACES FROM 50 TO 35 (INCLUDING 15 SPACES WHICH ARE PROVIDED VIA THE
DRIVE-THROUGH QUEUE) AND TO ALLOW FOR 11 COMPACT PARKING SPACES, LOCATED AT 2551 NORTH VINEYARD AVENUE (APN:
132-0-043-215), SUBJECT TO CERTAIN FINDINGS AND CONDITIONS. FILED BY BEVERLY METZ, OF STARBUCKS, (APPLICANT) 555 ANTON
BOULEVARD, COSTA MESA, CA 92626.

WHEREAS, on February 12, 2021, Jennifer Cribbs (the “Applicant” and/or “Permittee”) submitted a request to allow for modifications to an existing 2,450 square-foot drive-through fast food restaurant building to allow for a Starbucks drive-through coffee shop on a 0.66 acre site. The proposed improvements will consist of a small addition, facade changes, revised signage, upgraded landscaping, new parking lot striping, drive-through lane modification to allow for an extended queuing lane to allow for a maximum capacity of 16 vehicles. The request also includes a request for a parking modification to allow for a reduction in the amount of required parking from 50 parking spaces to 35 parking spaces, including 15 spaces which are provided via the drive-through queue. The parking modification will also allow for 11 of the parking spaces to be compact parking spaces. The project includes a Transportation Demand Management Plan. The project is located in the General Commercial Planned Development (C-2-PD) zone at 2551 North Vineyard Avenue (APN: 132-0-043-215); and WHEREAS, 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 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
244
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date:March 15, 2022

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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
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 of Intent to Approve the Appeal and overturn the Planning Commission’s Denial of Planning and Zoning Permit No. 21-550-01 finding that the Appellant has provided substantial evidence to support the Appeal, subject to the preparation of a written Resolution of Approval to be considered at the City Council meeting on March 15, 2022; and 245
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date:March 15, 2022

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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 City Council 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 City Council 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 cumulative impact.
246
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PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date:March 15, 2022

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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, on March 15, 2022, the City Council reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information; and
247
Resolution No. ______
PZ 21-550-01: Vineyard Starbucks Site Renovations
City Council Hearing Date:March 15, 2022

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WHEREAS, on March 15, 2022, the City Council 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, 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.

WHEREAS, the proposed project is consistent with the following:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD HEREBY APPROVES PLANNING AND ZONING PERMIT NO. 21-550-01 (MAJOR MODIFICATION), SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS:

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council and Planning Commission Staff Reports and all attachments thereto, the City Council finds:

1. The proposed use is in conformance with the General Plan and other adopted policies of the City of Oxnard.

As described in the Planning Commission’s Staff Report dated October 21, 2021 (“Planning Commission’s 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’s 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 Planning Commission’s Staff Report, pursuant to the 2030 248
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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. 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 Planning Commission’s Staff Report, the project as designed and conditioned meets the development standards of the General Commercial Planned Development (C-2-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.

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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.

As described in the Planning Commission’s 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 City Council, 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 City Council 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 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 City Council hereby approves Planning and Zoning Permit No. 21-550-01 (Major 250
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Modification), subject to the attached conditions of approval.

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

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

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 March 15, 2022, (“the plans”) on file with the Planning Division. The Project shall conform to the plans, except as otherwise specified in these conditions, or unless a Minor Modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a subsequent 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).
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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).

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 City Council. (PL/B, G-9).

Each compact parking stall is to have the word “compact” painted at the entrance of the space in letters a minimum of eight-inches in height.

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 252
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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)

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 253
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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)

PLANNING DIVISION SPECIAL CONDITIONS

Such fee shall be collected in full prior to building permit issuance. (MND, C-9)

31. Applicant shall seek approval for the proposed monument sign under separate building permit. (PL)

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34. Design measures to avoid vehicle and pedestrian/bicycle conflicts shall be maintained.

Direct pedestrian entry through the front of the building shall be maintained from streets 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.

Prior to the issuance of a Certificate of Occupancy, the Community Development and Public Works Departments shall approve the TDMP.

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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)

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)
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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 factors such as tree locations, off-site or adjacent lighting. (PL)

POLICE DEPARTMENT STANDARD CONDITIONS

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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.