Oxnard City Council
March 15, 2022

7.18, 7.19, 8.3, and 8.4; and Exhibits 2.B, 2.C, 2.D, 2.I, 2.J, 3.A, 3.B, and 3.C of The RiverPark Specific Plan to introduce a new high density land use designation within Planning Districts B, C, and D (Residential: Very High (30-80 units/acre)); create a new development type (Apartments - Urban); revise planning area boundaries; update the Land Use Table; and update exhibits for consistency with proposed changes. The new land use designation will be applied in combination with the existing Commercial: Regional land use. This will allow for the option to develop up to 1,025 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios, as identified in the RiverPark Specific Plan within the project area (herein referred to as the “Project”); and
WHEREAS, in July 2002 the City Council certified Final Environmental Impact Report (FEIR) No. 2000-03 (State Clearinghouse No. 2000051046) and adopted a Statement of Overriding Considerations. The FEIR was prepared to analyze potential impacts associated with the approval and the implementation of The RiverPark Specific Plan and the anticipated build out of the 702-acre specific plan site. The FEIR No. 00-03 found four areas of significant impacts (Earth ResourcesMineral Resources, Water Quality, Agricultural Resources, and Cultural Resources-Historical Resources); and
WHEREAS, an EIR Addendum was prepared to summarize the site specific technical clarifications with respect to the following impact analysis areas associated with the proposed SPA and Development Agreement Amendment (DAA) Land Use, Aesthetic, Earth Resources, Biological Resources, Water Resources, Transportation and Circulation, Agricultural Resources, Air Quality, Noise, Public Schools, Fire Protection, Police Protection, Parks and Recreation, Solid Waste Management, Library Services, Stormwater Drainage, Water Supply and Distribution, Wastewater Service, Entergy, Cultural Resources, Hazards, Wildfire, and Tribal Cultural Resources. The EIR Addendum concluded that no additional significant impacts were identified in Addendum No. 15 prepared for this Project, nor would the Project substantially increase the severity of previously anticipated significant impacts. No additional mitigation measures are required; and
WHEREAS, on December 16, 2021, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for Specific Plan Amendment No. 7 (PZ 20-630-01) in accordance with Chapter 16-575 of the Oxnard City Code; and WHEREAS, on December 16, 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 to amend staff's recommended action to remove the Residential: Very High land use from District D of the RiverPark Specific Plan and not allow additional housing in District D, subject to the preparation of a written amended resolution to be considered at the Planning Commission meeting on January 13, 2022; and
1025
Ordinance No. ________
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: March 15, 2022

WHEREAS, the Planning Commission found, after due study, deliberation and a duly noticed public hearing on January 13, 2022, and received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, and that the project, as amended, meets the criteria set out in Chapter 16-575 of the Oxnard City Code; and WHEREAS, the Planning Commission adopted Resolution 2022-03 recommending that the City Council approve Planning & Zoning Permit No. 20-630-01 (Specific Plan Amendment) as revised; and
WHEREAS, on March 15, 2022, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the request to approve Planning and Zoning Permit No. 20-630- 01 (Specific Plan Amendment), both as originally proposed by the Applicant (to include the Residential: Very High land use in Districts B, C and D of the RiverPark Specific Plan and allow additional housing in Districts B, C and D), and as recommended by the Planning Commission, in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and WHEREAS, pursuant to CEQA Guidelines §15164, the City Council considered Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on the Project; and
WHEREAS, in accordance with Section 15164 of the California Code of Regulations, the City Council has determined that minor changes are proposed to the project for which an FEIR were previously certified; and that an Addendum is the appropriate environmental document to evaluate the minor changes in the Project, and has prepared an Addendum thereto because the proposed changes to the original Specific Plan and DA would not result in any new additional significant impacts, nor would they substantially increase the severity of previously anticipated significant impacts. The City Council has determined that there is no substantial evidence that the Project would result in new or substantially more severe impacts than those identified in FEIR No. 00-03.

Rather, all of the impacts associated with the Project are within the envelope of impacts addressed in the Certified FEIR and do not constitute a new or substantially increased significant impact.

Accordingly, none of the conditions that trigger the need to prepare a subsequent Environmental Impact Report pursuant to CEQA Guidelines § 15162 would occur; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:

1. As initially outlined in Section 6(b) and Attachment F of the Planning Commission Staff report dated December 16, 2021, and with the removal of the Residential: Very High land use from District D of the RiverPark Specific Plan Amendment, the proposed Specific Plan Text and Map Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;
1026
Ordinance No. ________
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: March 15, 2022

2. As initially outlined in Section 6(c) of the Planning Commission Staff report dated December 16, 2021, and with the removal of the Residential: Very High land use from District D of the RiverPark Specific Plan Amendment, the proposed Specific Plan Text and Map Amendment is a logical refinement and internally consistent with the adopted RiverPark Specific Plan;

3. As determined in the Addendum to FEIR No. 00-03, the proposed Specific Plan Text and Map Amendments will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare; and

4. As initially outlined in Section 6(c - g) of the Planning Commission Staff report dated December 16, 2021, and with the removal of the Residential: Very High land use from District D of the RiverPark Specific Plan Amendment, the proposed RiverPark Specific Plan Amendment conforms to adopted City standards and constitutes good City planning; and
WHEREAS, the Applicant agrees that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this Ordinance or any actions or proceedings, acts or determinations taken, done or made before the approval of this Ordinance that were part of the approval process.

NOW, THEREFORE, the City Council of the City of Oxnard does hereby ordain as follows:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Riverpark Specific Plan Amendment is internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The City Council finds that the Riverpark Specific Plan Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with the Riverpark Specific Plan Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the proposed RiverPark Specific Plan Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the RiverPark Specific Plan Amendment is 1027
Ordinance No. ________
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: March 15, 2022

in the best interests and welfare of the City and its residents.

SECTION 7. In approving this ordinance for the RiverPark Specific Plan Amendment, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Addendum No. 15 to FEIR No. 00-03, and Subsequent Addendums was considered by the Planning Commission at the public hearing for the RiverPark Specific Plan Amendment and Development Agreement Amendment. The Addendum to the FEIR No. 00-03 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines.

The City of Oxnard is the Lead Agency. The Addendum is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to the FEIR are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent environmental impact report pursuant to CEQA Guidelines § 15162 and 15163. With implementation of the FEIR No. 00-03 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance; and
SECTION 9. Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 7 to RiverPark Specific Plan) is approved in accordance with the Planning Commission’s recommendation to amend Sections Pages i, 1.1, 2.1, 2.9, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17,

2.18, 2.20, 2.21, 2.22, 2.23, 2.26, 2.27, 2.28, 2.29, 2.30, 2.31, 3.1, 3.4, 4.2, 4.5, 4.32, 6.5, 6.6, 7.5,

7.6, 7.18, 7.19, 8.3, and 8.4; and Exhibits 2.B, 2.C, 2.D, 2.I, 2.J, 3.A, 3.B, and 3.C of The RiverPark Specific Plan to introduce a new high density land use designation within Planning Districts B and C (Residential: Very High (30-80 units/acre)); create a new development type (Apartments - Urban); revise planning area boundaries; update the Land Use Table; and update exhibits for consistency with proposed changes. The new land use designation will be applied in combination with the existing Commercial: Regional land use. This will allow for the option to develop up to 613 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 336,377 square feet of non-residential development potential in accordance with specified development scenarios, as identified in the RiverPark Specific Plan, subject to mitigations listed in FEIR No. 00-03 for The RiverPark Specific Plan (all amendments as identified within Exhibit A).

SECTION 10. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a 1028
Ordinance No. ________
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: March 15, 2022

certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on ______, 20__, and finally adopted on ______, 20__ to become effective thirty days thereafter.

PASSED AND ADOPTED this ____ day of ______, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1029
Ordinance No. ________
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: March 15, 2022

EXHIBIT 1

SPECIFIC PLAN AMENDMENT PAGES
1030

R I V E R P A R K S P E C I F I C P L A N

C I T Y O F O X N A R D , C A L I F O R N I A

SHEA PROPERTIES
A M E N D M E N T to the
final submittal
12/3/2021
District D alternate
1031
i

PROJECT TEAM

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Jurisdiction City of Oxnard
Developer RiverPark Development, LLC
Project Management Keller CMS, Inc.

Prime Consultant, Planning and Urban Design AC Martin Partners, Inc.

Commercial Planning RTKL
Residential Design Standards William Hezmalhalch Architects, Inc.

Landscape Architecture EDSA
Civil Engineering Huitt-Zollars, Inc.

Wetlands Planning Integrated Water Resources, Inc.

Traffic Planning and Engineering Crain and Associates
Reclamation Fugro West, Inc.

Natural Factors BioResource Consultants
Legal Colantuono, Levin and Rozell, APC
RiverPark Specific Plan 2021 Amendment
incorporating Specific Plan Amendments and
errata items and Minor Modification through December 3, 2021 District D alternate
Update prepared by
the City of Oxnard
Di Cecco Architecture, Inc.

Meridian Consultants
Gibson Traffic Engineers
1032

PROJECT SUMMARY

PURPOSE OF THE SPECIFIC PLAN

LEGAL ASPECTS

COMMUNITY SETTING

PROPOSED LAND USE, OPEN SPACE AND

UTILITIES

ORGANIZATION OF THE SPECIFIC PLAN

1.1 1.2

1.3 1.4

1.5 1.6
section page
1 INTRODUCTION 1 . 1

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

1.1 PROJECT SUMMARY
RiverPark is a 702-acre new community located
at the northeast portion of the intersection of the
Ventura Freeway and the Santa Clara River in
southern Ventura County, California (Exhibits 1.A
and 1.B).

RiverPark development objectives are derived from
the physical, demographic and market environment
of the Specific Plan Area, identified development
needs and potentials, and the provisions of the City
of Oxnard’s 2020 General Plan. Based on completed
market studies, build-out is anticipated in ten to
fifteen years.

RiverPark has been carefully planned as a masterplanned, mixed-use community with a strong sense of place. It is intended to foster social cohesion,
minimize energy use, and encourage pedestrian
activity. All aspects of RiverPark are designed to
achieve these ends.
 Each of RiverPark’s thirteen Planning Districts
will have its own character and identity, yet
each will contribute to creating RiverPark as a
cohesive community.
 The project includes the facilities needed by
a complete community: residential neighborhoods, regional and neighborhood retail centers, a hotel, elementary and secondary schools, and
a complete system of parks and play fields.
 These facilities are linked by a project-wide
open space, pedestrian and vehicle circulation
and utility network.
 The site plan and circulation network are designed and coordinated to invite and maximize pedestrian use. This is achieved by providing
mixed land uses within walkable distances and
linking them with attractive pedestrian corridors
and public transit.
 The core of the community, its residential neighborhoods, can incorporate up to 3,656 singlefamily and multi-family units in a wide variety of detached and attached product types. The
variety, character and quality of these neighborhoods will reflect the character and history of Oxnard and fulfill the intentions of the City of
Oxnard 2020 General Plan. Affordable housing
will be provided per 7.10.3 of this Specific Plan.
 Up to 2,098,000 square feet of retail, hotel/
convention and office uses, supported by convenient parking as well as the local and regional commercial markets, will serve RiverPark’s
neighborhoods.
 Community and publicly-oriented facilities will
include three schools, a number of passive and
active parks of varying sizes, and sites which
can be used by public entities such as religious
institutions and recreational centers.
 The landscape will be a rich and attractive open
space environment. All of RiverPark’s open
space areas, including its circulation corridors,
are planned as embracing, inviting environments
supporting pedestrian use, social interaction,
recreation and play.
 The landscape plays a critical environmental
role by preserving attractive viewsheds, creating
vistas, providing comfortable microclimates,
establishing visual identity, buffering noise and
unattractive views, and creating privacy. The
landscape will also preserve areas of unique
visual, historic and natural value on the site.
 A new storm water control system accommodates flows from within and outside the property.

The existing sand and gravel pits and related
surface facilities will be reclaimed and remediated to ensure protection of surface water and ground water quality.
1033

INTRODUCTION

LAND USE CONCEPT

PROJECT BOUNDARIES AND

PLANNING DISTRICTS

LAND USES

DEVELOPMENT CONTROLS

2.1 2.2

2.3 2.4

2.5 section page
2 LAND USE
Master Plan 2 . 1

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.1 INTRODUCTION
The Land Use Master Plan is the basic coordinating
master plan of this document and establishes some
of the key development requirements.

This Section defines RiverPark’s land use concept
and Specific Plan Area boundaries. It then defines
the boundaries of the thirteen Planning Districts
which together comprise the Specific Plan Area.

For each of these Planning Districts, Section 2 then
defines allowable development in terms of parameters including: Permitted and Specially Permitted land uses, location of land uses, maximum allowable
commercial square footage, the maximum number
of dwelling units for the Project as a whole, and the
allowable range of dwelling units and allowable uses
within each Planning District.

2.2 LAND USE CONCEPT

2.2.1 Summary
The RiverPark Project provides a complete and balanced mix of residential, commercial, entertainment and open space uses serving a broad range of local
and regional users. Exhibit 2.A, the Illustrative Site
Plan, shows a plan view of RiverPark in accordance
with the standards of the Specific Plan.

2.2.2 Land Use Concept

2.2.2.1 The Residential Community
Number of Units: Up to 3,656 residential units will
be permitted by the Specific Plan. These units will
serve the City of Oxnard and the region as a significant new housing resource for people with a broad range of incomes and lifestyles.

Permitted Residential Land Uses: Three categories
of permitted residential land uses are defined in the
Land Use Plan, Permitted Uses, Exhibit 2.B:
 Residential: Low-Medium (densities between 8
and 12 dwelling units per gross acre).
 Residential: Medium (densities between 12 and
18 dwelling units per gross acre).
 Residential: High (densities between 18 and 30
dwelling units per gross acre).
 Residential: Very High (densities between 30
and 80 dwelling units per gross acre).

The term “gross acre” is defined in Section 8.

Location of Residential Densities: Single-family
detached homes in the northern portion of RiverPark
(RiverPark “B”) transition to multi-unit housing with
the greatest density adjacent to the Regional Commercial uses in the southern portion of the Project, RiverPark “A.”
Residential Product Types: Within each residential
land use category, seven product types ranging from
single-family detached to multi-family will be allowed, in order to provide a full range of housing opportunities within RiverPark.

Residential Live/Work Units: Optional live/work
units are allowed in certain residential product types, permitting small ground floor retail uses or optional
live/work units. See Section 4, the Residential Master Plan, for specific requirements. Also refer to the vertical mixed-use Product Type 5-R described in
Section 4, which permits residential uses above the
ground levels of certain commercial structures.

Residential Neighborhoods: The residential neighborhoods are designed to be walkable, interconnected, mixed-use and transit-supportive.

2.2.2.2 Commercial Uses
Permitted Commercial Land Uses: The Project
will incorporate almost 2.2 million square feet of
regional and neighborhood-oriented commercial
facilities. The four Specific Plan commercial land
uses are defined by the Land Use Plan, Permitted
Uses, Exhibit 2.B:
 Commercial: Regional
update through 3/2012
Modified in
SPA 2012
1034
exhibit
August 27, 2002
prepared for

RTKL / EDSA / CRAIN AND ASSOCIATES /
RiverPark Development, LLC by AC Martin Partners

WILLIAM HEZMALHALCH ARCHITECTS
with
/ HUITT-ZOLLARS

2.B LAND USE PLAN: PERMITTED USES
update through 3/2012
Modified in
SPA 2015
1035
1036
LAND USE PLAN: SPECIALLY PERMITTED USES
0 200' 400' 800' 1,600 Feet
Planning Districts
Mixed Use District
West Peripheral Commercial District
East Peripheral Commercial District
West Corridor Commercial District
Town Square Commercial District
Vineyards Neighborhood District
Village Square Neighborhood District
RiverPark Crescent Neighborhood District
RiverPark Loop Neighborhood District
RiverPark Mews Neighborhood District
Lakeside Neighborhood District
Public Facility District
Water Storage/Recharge Basins &
Storm Water Control District
A
C
D
J
M L
E
F
H
I
J
K
L
G
A
B
C
D
M
B
K
F
G
I
H
E
RIVERPARK LAND USE PLAN:

SPECIALLY PERMITTED USES
Land Use Plan Date: February 14, 2002
Planning District G & J : Residential: Medium use for
an area designated on the Land Use Plan: Permitted
Uses for Schools/Community Park in Planning Districts
G & J can only be applied for after the Rio School
District submits a letter indicating that it does not want to purchase or utilize the land.

Civic Assembly uses are considered Specially Permitted
Uses which may be located within any of the Planning
Districts except Planning District M.

Residential: Medium (12-18 DU/gross acre)
Land Use
Specific Plan Area
Planning District Boundary
J Planning District Designation
Notes:
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS exhibit
August 27, 2002 2.D
Land Use Plan Date:

February 14, 2002
Legend

SANTA CLARA RIVER

MYRTLE STREET

OXNARD BOULEVARD

KIAWAH RIVER DRIVE

VENTURA ROAD

VENTURA ROAD FOREST PARK BOULEVARD

GARONNE STREET

OXNARD BOULEVARD

LAKEVIEW COURT

VINEYARD AVENUE

SIMON WAY

MOSS LANDING BOULEVARD

MOSS LANDING BOULEVARD
US ROUTE 101 FREEWAY

FOREST PARK BOULEVARD
THAMES
RIVER
DRIVE
SPA1 2010
July 26, 2011
update through 3/2012
1037
August 27, 2002 PLANNING DISTRICT DESIGNATION
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS exhibit 2.I

MOSS LANDING BOULEVARD

WHALEN WAY
MOSS
update through 3/2012
1038
exhibit

2.J August 27, 2002
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS LAND USE SUMMARY BY PLANNING DISTRICT Modified in
SPA 2012
Developer RiverPark Legacy LLC RiverPark SPECIFIC PLAN EXHIBIT 2.J 11/30/21 SPA
Consultant
s
MERIDIAN CONSULTANTS / GIBSON TRANSPORTATION / DI CECCO ARCHITECTURE LAND USE SUMMARY BY PLANNING DISTRICTRevised per Errata to include development adjustments through 3/12/2012 and Minor Mod dated 3/13/12 / See notes at bottom of this page Planning
District Land Use Gross Acreage 1
Max Commercial KSF Allowable for Each Planning District Allowable Dwelling Unit Range For Each Planning District 7 A Mixed Use/Office District
MIXED USE RESIDENTIAL: HIGH 3 21.1 0 317-440
COMMERCIAL: OFFICE Parcels with existing offices 15.4 115 Remaining parcels designatedCommercial: Office 9.3 341
COMMERCIAL:OFFICE/opt. OPEN SPACE:PARK SPACE 1.3 0
OPEN SPACE: MISCELLANEOUS: DRY
SWALES / DETENTION BASINS 0.4 NA
Subtotals Planning District A 10 47.5 456 317-440
B West Peripheral Commercial District
option: COMMERCIAL: REGIONAL 11 5.5 104
option: RESIDENTIAL: VERY HIGH 11,12 300-333
Subtotals Planning District B 5.5 104 300-333
C West Corridor Commercial District
COMMERCIAL: REGIONAL 24 120
COMMERCIAL: HOTEL 9 158
option: COMMERCIAL: REGIONAL 11 200
option: RESIDENTIAL: VERY HIGH 11,12 250-280
OPEN SPACE: PARK SPACE 0.6 NA
Subtotals Planning District C 24.6 478 250-280
D Town Square Commercial District
COMMERCIAL: REGIONAL (Retail/Entertainment) 68.2 949
VERTICAL MIXED USE OVERLAY 0
RESIDENTIAL: HIGH3 15.0 0 320-512
OPEN SPACE: PARK SPACE 3.5 NA
OPEN SPACE: MISCELLANEOUS: DRY SWALES/
DETENTION BASINS 0.8
OPEN SPACE: LANDSCAPE BUFFER 0.9 NA
Subtotals Planning District D 88.4 949 320-512
E East Peripheral Commercial District
COMMERCIAL: REGIONAL 7.5 110
PUBLIC FACILITIES 1.4 NA
Subtotals Planning District E 8.9 110 NA
F Vineyards Neighborhood District
RESIDENTIAL: HIGH3 12.3 NA 140-310
RESIDENTIAL: MEDIUM3 15.5 0 8 150-172
OPEN SPACE: PARK SPACE 2.1 NA
OPEN SPACE: NEIGHBORHOOD PARK 7.4
OPEN SPACE: LANDSCAPE BUFFER 0.6
Subtotals Planning District F 37.9 0 290-482
G Village Square Neighborhood District
RESIDENTIAL: MEDIUM3 37.6 0 8 325-425
OPEN SPACE: PARK SPACE 2.8 NA
OPEN SPACE: MISCELLANEOUS: DRY SWALES/
DETENTION BASINS 1.2
SCHOOLS / COMMUNITY PARK2,4,5 11.4 NA
Subtotals Planning District G 53.0 0 325-425
H RiverPark Crescent Neighborhood District
RESIDENTIAL: LOW MEDIUM 80.6 NA 450-492
OPEN SPACE: NEIGHBORHOOD PARKS 3.3
Subtotals Planning District H 83.9 0 450-492
I RiverPark Loop Neighborhood District
RESIDENTIAL: MEDIUM3 43.0 0 8 375-510
OPEN SPACE: PARK SPACE 6.6 NA
OPEN SPACE: NEIGHBORHOOD PARKS 5.8
OPEN SPACE: MISCELLANEOUS: WATER
FEATURE 1.4
Subtotals Planning District I 56.8 0 375-510
J RiverPark Mews Neighborhood District
RESIDENTIAL: MEDIUM3 21.0 0 8 220-310
OPEN SPACE: PARK SPACE 1.4 NA
OPEN SPACE: NEIGHBORHOOD PARKS 6.1
OPEN SPACE: LANDSCAPE BUFFER 2.5
SCHOOLS / COMMUNITY PARK2,4,5 30.4 NA
Subtotals Planning District J 61.4 0 220-310
K Lakeside Neighborhood District
RESIDENTIAL: MEDIUM3 10.5 0 8 70-98
OPEN SPACE: MISCELLANEOUS: DRY SWALES/
DETENTION BASINS 8.0 NA
Subtotals Planning District K 18.5 0 70-98
L Public Facility District
PUBLIC FACILITIES 2.5 NA
OPEN SPACE: MISCELLANEOUS: DRY SWALES/
DETENTION BASINS 11.1 NA
Subtotals Planning District L 13.6 0 NA
M Water Storage / Recharge Basins and Storm Water Control District OPEN SPACE: MISCELLANEOUS: WATER
STORAGE / RECHARGE BASINS 168.6 NA
OPEN SPACE: MISCELLANEOUS: DRY SWALES/
DETENTION BASINS 19.3
OPEN SPACE: LANDSCAPE BUFFER 14.0 NA
Subtotals Planning District M 201.9 0 NA
TOTALS FOR SPECIFIC PLAN AREA Total acreage within Specific Plan Area: 701.9 acres Maximum dwelling units allowed within Specific Plan Area: 3,656 duMaximum commercial KSF allowed within Specific Plan Area: 2.089 ksf 1 Gross acreage is measured to centerline of bounding streets and / or to the Project Boundary2 Net school site area in Planning District J = 27.3 acres: Net school site area in Planning District G = 10.0 Acres
3 Vertical Mixed Uses and / or Live/Work units are permitted in portions of this District as defined in Specific Plan Sections 2, 3, 4 and Exhibit 2.C4 Specially Permitted Uses are allowed in portions of this area as defined in Specific Plan Section2 (Land Use)5 Specially Permitted Land Uses for sites designated for Schools/Community Park land use can only be applied for after the Rio School District submits a letterindicating that it does not want to purchase or utilize the land.6 Allocation of residential units among Planning Districts is subject to ongoing monitoring by the Master Developer. Total dwelling units cannot exceed 3,656 units7 Density range provides flexibility in allocating residential units within and between Planning Districts. Lower range is a suggested minimum.Upper end of range is regulated through monitoring by Master Developer per note 6 to assure that the total dwelling units within RiverPark does not exceed 3,6568 Ground Level Commercial and/or Live/Work use Refer to Specific Plan Sections 2, 3, and 4 for detailed descriptions of Permitted and Specially Permitted land uses and development standards. This Land UseSummary (Exhibit 2.J) and Exhibits 2.B and 2.C indicate Permitted (by right) uses only. See Section 2 and Exhibit 2.D for Specially Permitted Uses. 9 Hotel number of rooms is 320 total with corresponding 272k sf, decreased per SPA to 158k sf10Subtotals reflect Development Option A, chosen per page 4.5 of the Specific Plan11 Commercial or residential development is allowed as options, but not both. Residential development is also regulated by 7.10.412 Suggested maximums per District. Can be exceeded by up to 15% ( per 7.5.3) in Districts B,C, as long as total units do not exceed 613 in those Districts. 1039
2 LAND USE
M a s t e r P l a n 2 . 9

R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
LAND USE SUMMARY*
Permitted Land Use Gross Max KSF Allowed DU
Acreage Allowable Range

MIXED-USE
Development Option A: All Residential (option chosen)
RESIDENTIAL: HIGH 21.1 0 317-440
Development Option B: Commercial/Residential (NA)
COMMERCIAL: OFFICE 14.4 NA na
RESIDENTIAL: HIGH 6.7 NA NA
COMMERCIAL: OFFICE
Parcels with Existing Offices 15.4 115 na
Remaining Parcels Designated Commercial 9.3 341 na
COMMERCIAL: OFFICE OR OPEN SPACE: PARK SPACE 1.3 0 na
OPEN SPACE: MISCELLANEOUS 0.4 na na
Dry Swales/Detention Basins
Planning District A Totals Opt. A 47.5 acres 456 KSF 317-440 units Planning District A Totals Opt. B 47.5 acres NA KSF 100-150 units Note:
* See following “Allowed Uses” table for Specially Permitted uses.

2.5.2.1 PLANNING DISTRICTA: Mixed-Use/Office District
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE*

Permitted Land Use Allowed Use
COMMERCIAL: OFFICE Professional and administrative offices, including medical, dental, attorneys, engineers, architects, insurance, real estate and other offices not engaged in merchandizing of goods or products.

Laboratories when incidental to medical, dental and similar uses.

Banks; savings and loan associations and other financial institutions.

Retail uses such as restaurants, coffee shops, gift shops and services such as barber shops, health centers and clubs and travel and ticket agencies. These uses are intended to principally serve the building occupants.

Pharmacies primarily engaged in the merchandizing of
pharmaceuticals and medical supplies.

On-sale and off-sale alcohol*
Similar uses as determined acceptable by the Director of the Development Services Department of the City of Oxnard.

RESIDENTIAL: HIGH** Multi-family units
OPEN SPACE: PARK SPACE Park
OPEN SPACE: MISCELLANEOUS
Dry Swales/Detention Basins Dry Swales/Detention Basins Notes:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) and On-Sale and Off-Sale Alcohol use are allowed subject to granting of a Specially Permitted Use Permit based on conditions identified in Section 7.
** Vertical Mixed-Use Overlay: Refer to Section 4.

2.5.2.1 PLANNING DISTRICTA: Mixed-Use/Office District
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R I V E R P A R K S P E C I F I C P L A N
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.2 PLANNING DISTRICTB: West Peripheral Commercial District Location: Planning District B lies in the southwest corner of the RiverPark Project site. It is bordered by the Ventura Freeway to the south and the Santa Clara River levee to the west. It is adjacent to Planning District A (Mixed-Use/Office District) and Planning District C (West Corridor Commercial District). The 5.5-acre District is easily accessed from the Ventura Freeway due to the reconstruction of the Santa Clara River bridge crossing including an improved off-ramp and a widened tunnel under the US Route 101 Freeway. Oxnard Boulevard, Ventura Road and Town Center Drive provide surface street access to the Planning District. A landscaped buffer and Caltrans detention basin (not within the Specific Plan Area) separate the buildable sites from the freeway. For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: This Planning District permits Residential: Very High and Commercial: Regional land use. The Specific Plan accommodates up to 333 residential units or as an alternate, if the residential units are not constructed, 104,000 square feet of retail uses including offices, retail uses and food service facilities.

Residential buildings up to six stories or commercial buildings up to two stories may be constructed, with retail and office uses. The allowable uses will benefit the most from their proximity to the freeway.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: No
Optional Live/Work Units: No
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District B:
 Section 3: Commercial Master Plan
 Section 4: Residential Master Plan
 Section 5: Landscape Master Plan
 Section 6: Infrastructure Master Plan
 Section 7: Implementation
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.2 PLANNING DISTRICTB: West Peripheral Commercial District

update through 3/2012
LAND USE SUMMARY*
Permitted Land Use Gross Acreage Max KSF
Allowable
Allowed DU Range
alternate: RESIDENTIAL: VERY HIGH *** 300-333
alternate: COMMERCIAL: REGIONAL *** 5.5 104
Planning District B Totals 5.5 acres 104** KSF 300-333 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: VERY HIGH Multifamily Residential
COMMERCIAL: REGIONAL
Notes:
*
** Maximum square footage figures based on surface parking only. No parking structures are assumed. *** Development can be either residential OR commercial but not both. 5 Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) and On-Sale and Off-Sale Alcohol is allowed subject to granting of a Specially Permitted Use Permit based on conditions identified in Section 7.

On-sale and off-sale alcohol*
Office uses.

Freestanding restaurants; restaurants involving any drive-in or drive-through facilities.

Banks; savings and loan associations and other financial institutions.

Pharmacies primarily engaged in the merchandizing of
pharmaceuticals and medical supplies.

Retail uses such as restaurants, coffee shops, gift shops and services such as barber shops, health centers and clubs and travel and ticket agencies.

Similar uses as determined acceptable by Director of the Development Services Department of the City of Oxnard.
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.3 PLANNING DISTRICTC: West Corridor Commercial District Location: Planning District C is a 24.6-acre site located near the southwestern corner of RiverPark. It is accessed from Oxnard Boulevard to the east and the Ventura Freeway to the south. Occupying a key public location, it is adjacent to Planning District A (Mixed-Use/Office District), Planning District B (West Peripheral Commercial District), and Planning District D (Town Square Commercial District). For the boundaries and location of the Planning District, refer to Exhibit 2.B, Land Use Plan: Permitted Uses and Exhibit 2.I.

Permitted Land Use: The Permitted Land Uses are Residential: Very High and Commercial: Regional, Commercial: Hotel and Open Space: Park Space. The RiverPark Specific Plan allows up to 120,000 square feet of retail uses including offices, retail uses and food service facilities. The Hotel can be up to 158,000 square feet. In addition, up to 280 residential units are allowed, or as an alternate, 200,000 square feet of retail commercial uses are allowed if the residential units are not constructed, for a total of 478,000 s.f. of allowable commercial development within the District. Buildings up to six stories may be constructed, with residential retail, office and hotel uses. The allowable uses will benefit the most from their proximity to the freeway.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: No
Optional Live/Work Units: No
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District C:
 Section 3: Commercial District Master Plan
 Section 4: Residential Master Plan
 Section 5: Landscape Master Plan
 Section 6: Infrastructure Master Plan
 Section 7: Specific Plan Implementation
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.3 PLANNING DISTRICT C: West Corridor Commercial District update through 3/2012
LAND USE SUMMARY*
Permitted Land Use Gross Acreage Max KSF
Allowable
Allowed DU Range
alternate: RESIDENTIAL: VERY HIGH ** 24 250-280
alternate: COMMERCIAL: REGIONAL ** 200
COMMERCIAL: REGIONAL 120
COMMERCIAL: HOTEL 158
OPEN SPACE: GREEN SPACE 0.6
Planning District C Totals 24.6 acres 478 250-280 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: VERY HIGH Multifamily Residential
COMMERCIAL: REGIONAL
COMMERCIAL: HOTEL
OPEN SPACE: PARK SPACE
Notes:
*
** Alternate development is residential or commercial but not both Retail uses such as restaurants, coffee shops, gift shops and services such as barber shops, health centers and clubs and travel and ticket agencies, intended to serve principally the building occupants.

On-sale and off-sale alcohol*
Banks; savings and loan associations and other financial institutions.

Retail uses such as restaurants, coffee shops, gift shops and services such as barber shops, health centers and clubs and travel and ticket agencies.

Similar uses as determined acceptable by Director of the Development Services Department of the City of Oxnard.

Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) and On-Sale and Off-Sale Alcohol is allowed subject to granting of a Specially Permitted Use Permit based on conditions identified in Section 7.

Office Uses
Similar uses as determined acceptable by Director of the Development Services Department of the City of Oxnard.

Hotel
Convention facilities including meeting and conference
rooms, food service, foyers.

On-sale and off-sale alcohol*
Banks; savings and loan associations and other financial institutions.
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Master Plan 2 . 15

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.4 PLANNING DISTRICT D: Town Square Commercial District Location: The 88.4-acre Planning District D is bordered by Forest Park Boulevard to the north, the Ventura Freeway to the south, Myrtle Street to the east and Oxnard Boulevard to the west. The adjacent Planning Districts are: Planning District A (Mixed-Use/Office District), Planning District C (West Corridor Commercial District), Planning District F (Vineyards Neighborhood District) and Planning District G (Village Square Neighborhood District). For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: The Permitted Land Uses are: Commercial: Regional, Vertical Mixed-Use Overlay, Residential: High, Open Space: Green Space, Open Space: Miscellaneous: Dry Swales/Detention Basins, and Open Space: Landscaped Buffer. This Planning District has two major components: the Retail Center and a Residential High District
Retail Center: The Retail Center is planned around a Town Square, whose boundaries are defined by two major anchor retail centers and smaller retail and food establishments. Uses will include lifestyle retail, service retail, entertainment and restaurant facilities. The Retail Center extends northward to Forest Park Boulevard through ground floor retail in the residential area of this Planning District.

The central open space in District D, the “Town Square”, is similar in scale and character to that of traditional town plazas. On the east side of Oxnard Boulevard will be a dedicated drop-off area for local and tour buses, queuing, tourist information and a newsstand. Pedestrian and vehicular connections will lead directly to the retail and entertainment area beyond.

A public library storefront, police substation and post office are permitted uses within the Commercial District, as are up to 400 optional live/work dwelling units located above the commercial structures.

Residential: High Area: A 15.0 acre Residential: High residential community of between 220 and 512 highdensity units is located on the south side of Forest Park Boulevard. These units serve as a transition between the medium density residential units to the north and the commercial facilities to the south.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
Optional Live/Work Units: Yes. See Exhibit 2.C
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District D:
q Section 3: Commercial District Master Plan
q Section 4: Residential District Master Plan
q Section 5: Landscape Master Plan
q Section 6: Infrastructure Master Plan
q Section 7: Implementation

2.5.2.5 PLANNING DISTRICTE: East Peripheral Commercial District update through 3/2012
Modified in
SPA 2012
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Master Plan 2 . 16

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.4 PLANNING DISTRICTD: Town Square Commercial District LAND USE SUMMARY*
Permitted Land Use Gross Acreage Max KSF
Allowable
Allowed DU
Range
COMMERCIAL: REGIONAL 68.2 949 na
VERTICAL MIXED USE OVERLAY 0
RESIDENTIAL: HIGH 15 0 320-512
OPEN SPACE: GREEN SPACE 3.5 na na
OPEN SPACE: MISCELLANEOUS 0.8 na na
Dry Swales / Detention Basins
OPEN SPACE: LANDSCAPE BUFFER 0.9 na na
Planning District D Totals 88.4 acres 949 KSF 320-512 units Notes:
* See following 'Allowed Uses' table for Specially Permitted uses update through 3/2012
Modified in
SPA 2012
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R I V E R P A R K S P E C I F I C P L A N
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
controls and implementation information in District E:
 Section 3: Commercial Master Plan
 Section 5: Landscape Master Plan
 Section 6: Infrastructure Master Plan
 Section 7: Specific Plan Implementation

2.5.2.6 PLANNING DISTRICT F: Vineyards Neighborhood District Location: The 37.9-acre Planning District F is located in the eastern portion of RiverPark, adjacent to the existing El Rio residential community to the east and Myrtle Street to the west and south. The District is bordered by Planning District D (Town Square Commercial District), Planning District E (East Peripheral Commercial District), Planning District G (Village Square Neighborhood District) and Planning District J (RiverPark Mews Neighborhood District). For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Existing Development: Planning District F is currently in temporary agricultural production.

Permitted Land Use: The Permitted Land Uses are: Residential: High, Residential: Medium, Residential:

Low Open Space: Park Space, Open Space: Neighborhood Parks, and Open Space: Landscaped Buffer.

The District incorporates a residential community of up to 150-172 medium-density residential units and 140-310 high-density residential units. An approximately 7.4 acre neighborhood park serves both the Vineyards neighborhood and the existing El Rio West neighborhood adjacent to the east. A second small park is located in the southern, high-density housing area of the Planning District. A continuous landscape buffer separates the Vineyards neighborhood from the El Rio neighborhood and traffic to the north on Forest Park Boulevard.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
Optional Live/Work Units: Yes. See Exhibit 2.C
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
LAND USE SUMMARY*
Gross Max KSF Allowed DU
Permitted Land Use Acreage Allowable Range
RESIDENTIAL: HIGH 12.3 0 140-310
RESIDENTIAL: MEDIUM 15.5 0 150-172
OPEN SPACE: PARK SPACE 2.1 na na
OPEN SPACE: NEIGHBORHOOD PARKS 7.4 na na
OPEN SPACE: LANDSCAPED BUFFER 0.6 na na
Planning District F Totals 37.9 acres 0 KSF 290-482 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: HIGH Multi-Family Residential
RESIDENTIAL: MEDIUM Townhouse or Cluster Residential
RESIDENTIAL: LOW Small Lot Single Family
OPEN SPACE: PARK SPACE Park
OPEN SPACE: NEIGHBORHOOD PARKS Neighborhood Park
OPEN SPACE: MISCELLANEOUS Landscaped Buffer
Note:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) will require a Specially Permitted Use Permit subject to conditions identified in Section 7.

2.5.2.6 PLANNING DISTRICT F: Vineyards Neighborhood District update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information in District F.
q Section 4: Residential Master Plan
q Section 5: Landscape Master Plan
q Section 6: Infrastructure Master Plan
q Section 7: Implementation

2.5.2.7 PLANNING DISTRICTG: Village Square Neighborhood District Location: This 53.0 acre Planning District is located in the north-central portion of RiverPark “A.” The District is bordered by Forest Park Boulevard to the south, Garonne Street to the north and the Santa Clara River levee to the west. The Village Square Neighborhood District is adjacent to Planning District A (MixedUse/Office District), Planning District D (Town Square Commercial District), Planning District F (Vineyards Neighborhood District), Planning District I (RiverPark Loop Neighborhood District), and Planning District J (RiverPark Mews Neighborhood District). For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: The Permitted Land Uses are: Residential: High, Residential: Medium, Residential:

Low, Open Space: Park Space, Open Space: Neighborhood Parks, and Open Space: Landscaped Buffer.

The major uses are distributed as follows:
q Residential Community: The 37.6-acre central and eastern portions of Planning District G allows a range of 325 to 425 Residential: Medium units clustered in three groupings. The eastern two groupings are each focused on a common green space, the 2.1 acre Village Green. The western residential area is served by Windrow Park. The vertical mixed-use overlay in this area permits live/work units and ground level retail.
q Elementary School/Community Park: A neighborhood elementary school (Exhibit 2.K) is located on the 11.4-acre western portion of Planning District G. The school’s playfields are envisioned as a shared community resource.

Specially Permitted Land Use: High-density housing is permitted with a Special Use Permit on the site designated for School/Community Park use. A condition of City approval to construct high-density housing is the submission of a letter from the Rio School District indicating that it does not want to purchase or utilize the land. See notes on following page and Exhibit 2.D.

Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

2.5.2.7 PLANNING DISTRICTG: Village Square Neighborhood District LAND USE SUMMARY*
Gross Maximum Allowed DU
Permitted Land Use Acreage Allowable KSF Range
RESIDENTIAL: MEDIUM 37.6 0** 325-425
OPEN SPACE: PARK SPACE 2.8 na na
OPEN SPACE: MISCELLANEOUS 1.2 na na
Dry Swales/Detention Basins
SCHOOLS/COMMUNITY PARK 11.4 na na
Specially Permitted Land Use
RESIDENTIAL: MEDIUM (11.4) na na
Planning District G Totals 53.0 acres 0 KSF 325-425 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: MEDIUM Townhouse or Cluster Residential
RESIDENTIAL: LOW Small Lot Single Family
OPEN SPACE: PARK SPACE Parks
OPEN SPACE: MISCELLANEOUS
Dry Swales/Detention Basins Dry Swales/Detention Basins Elementary School
SCHOOLS/COMMUNITY PARK Community Playfields/Parks
Specially Permitted Land Use
RESIDENTIAL: MEDIUM Townhouse or Cluster Residential
Note:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) will require a Specially Permitted Use Permit subject to conditions identified in Section 7. ** Vertical Mixed-Use Overlay: Refer to Section 4.
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District H:
q Section 4: Residential Master Plan
q Section 5: Landscape Master Plan
q Section 6: Infrastructure Master Plan
q Section 7: Implementation

2.5.2.9 PLANNING DISTRICT I: RiverPark Loop Neighborhood District Location: The 56.8-acre Planning District I is located in the central portion of the Project in RiverPark “B.” Boundaries include Garonne Street to the south and Moss Landing Boulevard to the East. It is adjacent to Planning District G (Village Square Neighborhood District) to the south, Planning District H (RiverPark Crescent Neighborhood District) to the north, Planning District J (RiverPark Mews Neighborhood District) to the east, Planning District K (Lakeside Neighborhood District) also to the east, and Planning District M (Water Storage/Recharge Basins & Storm Water Control District) to the northeast. For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: The Permitted Uses are: Residential: Medium and Low, Open Space: Park Space, Open Space: Neighborhood Parks, and Open Space: Miscellaneous: Water Feature.

The RiverPark Specific Plan allows a range of from 375 to 510 Residential: Medium and Low Small Lot Single Family units focused on the 6.0-acre Central Park located immediately north of the school site in Planning District G. The 6.4-acre Windrow Neighborhood Park is also a link to the Santa Clara River and its adjacent regional trail.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
LAND USE SUMMARY*
Gross Maximum Allowed DU
Permitted Land Use Acreage Allowable KSF Range
RESIDENTIAL: MEDIUM 43.0 0** 375-510
RESIDENTIAL: LOW
OPEN SPACE: PARK SPACE 6.6 na na
OPEN SPACE: NEIGHBORHOOD PARKS 5.8 na na
OPEN SPACE: MISCELLANEOUS: WATER FEATURE 1.4 na na
Planning District I Totals 56.8 acres 0 KSF 375-510 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: MEDIUM & LOW Townhouse or Cluster Residential & Small Lot Single Family OPEN SPACE: PARK SPACE Park
OPEN SPACE: NEIGHBORHOOD PARKS Neighborhood Park
OPEN SPACE: MISCELLANEOUS: WATER FEATURE Water Feature
Notes:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) will require a Specially Permitted Use Permit subject to conditions identified in Section 7. ** Vertical Mixed-Use Overlay: Refer to Section 4.

2.5.2.9 PLANNING DISTRICT I: RiverPark Loop Neighborhood District update through 3/2012
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Optional Live/Work Units: Yes. See Exhibit 2.C
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District I:
q Section 4: Residential Master Plan
q Section 5: Landscape Master Plan
q Section 6: Infrastructure Master Plan
q Section 7: Implementation

2.5.2.10 PLANNING DISTRICT J: RiverPark Mews Neighborhood District Location: The 61.4-acre Planning District J is located in the central-eastern portion of the Project within RiverPark “B.” The District is bordered by Kiawah River Drive and Thames River Drive to the north, Garonne Street and Forest Park Boulevard to the south, Vineyard Avenue to the east and Moss Landing Boulevard to the west. Adjacent Planning Districts are Planning District F (Vineyards Neighborhood District) and Planning District G (Village Square Neighborhood District) to the south, Planning District I (RiverPark Loop Neighborhood District) to the west, and Planning District K (Lakeside Neighborhood District) to the north.

The existing El Rio neighborhood is adjacent to the south. For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: The Specific Plan incorporates five Permitted Uses: Residential: Medium and Low, Open Space: Park Space, Open Space: Neighborhood Parks, Open Space: Landscaped Buffer, and Schools/ Community Park. The Plan allows a range of from 220 to 310 units of Residential: Medium. The 6.1 acre neighborhood park serves as a neighborhood focus.

This District also provides a site for an elementary and middle school (Exhibit 2.L) as well as sports fields that can be shared between the school(s) and the community.

Specially Permitted Land Use: Residential: Medium and Low use may be provided on the portion of the Planning District designated for School/Community Park use. A condition of granting the Specially Permitted Use Permit is the submission of a letter from the Rio School District indicating that it does not want to purchase or utilize the land. See note on following page and Exhibit 2.D.

Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
Optional Live/Work Units: Yes. See Exhibit 2.C
update through 3/2012
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R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
LAND USE SUMMARY*
Gross Maximum Allowed DU
Permitted Land Use Acreage Allowable KSF Range
RESIDENTIAL: MEDIUM and LOW 21.0 0** 220-310
OPEN SPACE: PARK SPACE 1.4 na na
OPEN SPACE: NEIGHBORHOOD PARKS 6.1 na na
OPEN SPACE: LANDSCAPED BUFFER 2.5 na na
SCHOOLS/COMMUNITY PARK 30.4 na na
Specially Permitted Land Use
RESIDENTIAL: MEDIUM (30.4) na na
Planning District J Totals 61.4 acres 0 KSF 220-310 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: MEDIUM and LOW Townhouse or Cluster Residential, Single Family OPEN SPACE: PARK SPACE Parks
OPEN SPACE: NEIGHBORHOOD PARKS Neighborhood Park
OPEN SPACE: LANDSCAPED BUFFER Landscaped Buffer
Elementary School
SCHOOLS/COMMUNITY PARK Secondary School
Community Playfields/Parks
Specially Permitted Land Use
RESIDENTIAL: MEDIUM Townhouse or Cluster Residential
Notes:
* Civic Assembly uses(educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) will require a Specially Permitted Use Permit subject to conditions identified in Section 7. ** Vertical Mixed-Use Overlay: Refer to Section 4.

2.5.2.10 PLANNING DISTRICT J: RiverPark Mews Neighborhood District update through 3/2012
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RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information applicable to Planning District J:
q Section 4: Residential Master Plan
q Section 5: Landscape Master Plan
q Section 6: Infrastructure Master Plan
q Section 7: Implementation

2.5.2.11 PLANNING DISTRICT K: Lakeside Neighborhood District Location: Planning District K comprises 18.5 acres in the central-eastern portion of RiverPark. The District is bordered by Kiawah River Drive to the south and the Brigham-Vickers Water Storage/Recharge Basin to the north, Thames River Drive to the east and Moss Landing Boulevard to the west. The District is surrounded by Planning District I (RiverPark Loop Neighborhood District), Planning District J (RiverPark Mews Neighborhood District), Planning District L (Public Facility District) and Planning District M (Water Storage/Recharge Basins & Storm Water Control District) to the north. For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: A range of from 70-98 units of Residential: Medium is permitted. The other use is are

8.0 acres of Open Space: Miscellaneous: Dry Swales/Detention Basins and portions of jogging trails.

Specially Permitted Land Use: Yes
Vertical Mixed-Use Overlay: Yes. See Exhibit 2.C
Optional Live/Work Units: Yes. See Exhibit 2.C
update through 3/2012
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LAND USE SUMMARY*
Gross Maximum Allowed DU
Permitted Land Use Acreage Allowable KSF Range
RESIDENTIAL: MEDIUM 10.5 0** 70-98
OPEN SPACE: MISCELLANEOUS
Dry Swales/Detention Basins 8.0 na na
Planning District K Totals 18.5 acres 0 KSF 70-98 units ALLOWED USES FOR EACH PERMITTED & SPECIALLY PERMITTED LAND USE* Permitted Land Use Allowed Use
RESIDENTIAL: MEDIUM Single-Family Residential
OPEN SPACE: MISCELLANEOUS
Dry Swales/Detention Basins Dry Swales/Detention Basins Notes:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) will require a Specially Permitted Use Permit subject to conditions identified in Section 7. ** Vertical Mixed-Use Overlay: Refer to Section 4.

2.5.2.11 PLANNING DISTRICT K: Lakeside Neighborhood District update through 3/2012
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INTRODUCTION

COMMERCIAL DEVELOPMENT CONCEPT

PROJECT-WIDE STANDARDS

STANDARDS FOR SPECIFIC PLANNING DISTRICTS

BUILDING TYPE STANDARDS

SUB-DISTRICT DESIGN CHARACTER

SUB-DISTRICT DESIGN ELEMENT STANDARDS

SIGNAGE AND LIGHTING GUIDELINES

3.1 3.2

3.3 3.4

3.5 3.6

3.7 3.8
section page
3 COMMERCIAL
Master Plan 3 . 1

RIVERPARK SPECIFIC PLAN
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3.1 INTRODUCTION

3.1.1 Purpose
This Master Plan contains standards which apply
to all commercial uses built within the RiverPark
Specific Plan Area, except for those commercial
uses within the residential neighborhoods. These
are regulated by the Residential Master Plan, Section 4. Basic land uses are established by Section 2.

Any regulatory issues not addressed by this Specific
Plan shall be governed by City of Oxnard requirements.

3.1.2 Organization of the Commercial Master
Plan
Section 3.2 presents the Commercial Development
Concept for Planning Districts A through E. Standards applying to all commercial development are described in Section 3.3; Section 3.4 then presents
the standards specific to each Planning District.

Standards for each commercial building type are
located in Section 3.5. The following Sections, 3.6
and 3.7, present the desired design character and
design elements for the primary commercial SubDistricts. Standards for commercial signage and exterior lighting are located in Section 5.9 and 5.10
respectively.

3.1.3 Location of Commercial Land Use
Regulations
Regulations for commercial land uses are located in
Section 3 and Section 4.

3.1.3.1 Commercial Uses Regulated by the
Commercial Master Plan, Section 3
 Planning District A: This Planning District consists of two areas: 1) an area containing parcels with existing office uses as well as vacant parcels
designated for Commercial: Office uses; and 2)
a sub-district designated for a mixed-use land
use. This area has two development options.

Development Option A (see Section 4) allows all
residential uses with ground-floor commercial,
while Development Option B (illustrated and
discussed in this Section) incorporates an office
campus with Commercial: Office uses as well
as an area along Forest Park Boulevard with
Residential: High uses, regulated by Section

4.  Planning Districts B and E: Peripheral, highwayoriented residential, office and retail.  Planning District C: Residential, hotel and office
and commercial uses which complements and is
a western extension of the central Commercial
District. If residential uses are proposed, standards from Section 4, 7R Urban Apartments shall apply.
 Planning District D: A central commercial Planning District serving local and regional markets.

This area includes a mixed-use retail center
with optional live/work housing and offices as
a vertical mixed-use overlay. An area designated
for Residential: High is located at the northern
boundary of the District along Forest Park Boulevard.

3.1.3.2 Commercial Uses Regulated by the Residential Master Plan, Section 4  Commercial and live/work uses within RiverPark residential neighborhoods are allowed on the ground floors of certain residential uses.

Standards for commercial uses in these planning districts are contained in the Residential Master Plan, Section 4. Locations of these uses
are shown by Exhibit 2.C.
1058
COMMERCIAL DISTRICT exhibit

ILLUSTRATIVE MASTER PLAN
August 27, 2002
prepared for

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RiverPark Development, LLC by AC Martin Partners

WILLIAM HEZMALHALCH ARCHITECTS
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/ HUITT-ZOLLARS

3.A
6 2
12 12
8 Modified in
SPA 2015
Residential, Office or Retail 12
1059
B

RESIDENTIAL, OFFICE OR RETAIL
1 9
9 9

COMMERCIAL SUB-DISTRICTS
exhibit
August 27, 2002
Modified in
SPA 2015 prepared for

RTKL / EDSA / CRAIN AND ASSOCIATES /
RiverPark Development, LLC by AC Martin Partners

WILLIAM HEZMALHALCH ARCHITECTS
with
/ HUITT-ZOLLARS

3.B
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and trails, street striping, and “eyes on the street”
provided by the compact residential and commercial development.  Parking: The parking standards defined by
this Specific Plan for each use shall be met by
attractive, convenient, well landscaped and
lighted, and safe parking areas. Three parking
strategies shall be used in the commercial areas
of RiverPark: shared parking fields, dedicated
parking lots, and dedicated residential parking
in Planning Districts A and D. See Section 6 for
the Parking Master Plan.
 Parking Structures: Where parking structures
are provided:
• Parking structures should be sited to avoid
obstructing the public view and casting
shadows on ground-floor pedestrian-oriented uses.
• The maximum allowable height for abovegrade parking structure shall be limited to forty-five (45) feet to the top floor level,
measured from grade. Parking structures
wrapped by buildings on at least 3 sides
maximum height shall be 7 stories or ninety
(90) feet.
• Vehicle access should not be located along
pedestrian-oriented frontages. Wherever
possible, access should be via service roads,
alleys, and street frontages that do not contain pedestrian-oriented uses. • Where possible, the ground level of parking
structures along public streets and paseos
should include active pedestrian uses,
entrances, and arcades. Active pedestrian
uses may include, but are not limited to
restaurants, ready-to-eat food sales, retail
sales and personal services.
• Consideration should be given to building
permitted uses, such as retail and office,
directly attached or “laminated” to the parking structure. These are distinguished from incorporating uses on the ground floor of a
parking structure. This “laminating” of the
parking structure with other uses will help
to integrate the parking structure with the
overall development.
• Parking structures which primarily serve a
building or group of buildings in a development shall be compatible in architectural design, scale and materials with the architecture of the served building(s). • Ramps, cars and sources of artificial lighting
shall be minimally visible from public ways
and open spaces.
 Signage and Lighting: Signage and lighting
standards are located in Section 5.
 Mechanical Equipment Screening: All mechanical equipment must be screened from public view using screening devices consistent
with the adjacent architectural design.

3.4 STANDARDS FOR SPECIFIC

PLANNING DISTRICTS

3.4.1 Standards Exclusive to Planning
District A
 Allowed Development Options: Planning
District A contains Office: Commercial and an
area designated as mixed-use (Exhibit 2.B).

Within the mixed-use area, two alternate mix
of uses are allowed: Development Option A:

All Residential and Development Option B:

Commercial/Residential. Both options are
illustrated in Section 2. The requirements for
Development Option A and the residential
product types in Planning District D are included
in Section 4. The requirements for Development
Option B (see plan in this Section) follow.

Note that the parcel and road layout within the
mixed-use portion of Planning District A differs
according to the development option chosen.
 Location of Streets Open Space and Land Uses:

Development Option B requires the location of
streets and open space, as well as the distribution of land uses, as shown in the following graphic; Development Option B Commercial
Residential.
 Residential Land Use and Product Types: The
Permitted residential land use is Residential:
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COMMERCIAL REGULATORY PLAN
exhibit
August 27, 2002
prepared for

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RiverPark Development, LLC by AC Martin Partners

WILLIAM HEZMALHALCH ARCHITECTS
with
/ HUITT-ZOLLARS

3.C
Type 7-A: Residential = type 7R building type
1-C-B
or 1-C-D
or 1-C-F
or 1-C-G
or 7-A
or 3-C
1-C-G
or 3-Cor 6-C
or 7-A
B
C 4-C or 3C
or 6-C
1-C-B
or 1-C-D
or 1-C-F
or !-C-G
Modified in
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all destinations. They should be narrow to the
extent possible, and spatially defined by buildings, trees and lighting, and should discourage high-speed traffic to increase the safety and
enjoyment of the pedestrians.
• Whenever possible, the natural terrain, drainage
and vegetation should be preserved. Superior
examples of existing vegetation should be contained within parks or greenbelts. • The design of private lots, including the buildings and all related appurtenances, should be well integrated into a memorable neighborhood
pattern, reflecting the rich and diverse history
of regional building traditions.
• The design features of the fronts of residential
structures should relate the house to the street,
which is intended as an important space for
fostering communication and community. The
design and location of stoops and porches as
well as the location of living rooms and other
more public spaces is particularly important. See
the following graphic.

The residential neighborhoods are organized into
Planning Districts, each with distinctive centers,
edges, open spaces and urban and architectural
design characteristics. Any necessary interpretations of the intent of the regulations herein shall be based on the neighborhood planning principles
listed above.

The Regulating Plan, or alternate Regulating Plans,
for each Planning District define the blocks and lots
within which specific Product Types may be constructed. It is through this planning strategy that harmonious streetscapes and unique neighborhood
character are ensured.

4.2.3 Location of Residential Uses
Exclusively or primarily residential land uses are
located in the six Planning Districts illustrated in
Exhibit 2.I:
• Planning District F: Vineyards Neighborhood
District.
• Planning District G: Village Square Neighborhood District. • Planning District H: RiverPark Crescent Neighborhood District. • Planning District I: RiverPark Loop Neighborhood District. • Planning District J: RiverPark Mews Neighborhood District. • Planning District K: Lakeside Neighborhood
District.

Housing is also designated as a permitted use in the
following Planning Districts:
• Planning District A: Mixed-Use/Office District.
• Planning District D: Town Square Commercial
District.
• Planning District B: West Peripheral Commercial District. • Planning District C: West Corridor Commercial
District.
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RESIDENTIAL 4 Master Plan 4 .32

RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

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Lot Frontage
Lots front the public street
Lot Area Min. 20,000 s.f.

Lot Width Min. 100'
Building Envelope
Lot Coverage 90% max.,
not including porches and stoops
Building Height
90' maximum
Setbacks
Front Min. 5'
Side Min. 5'
Rear Min. 5'
Permitted Encroachments
Porches: Max. 5'
Eaves: Max 5'
Balconies: Max. 5'
Building Orientation and Use
• Buildings uses shall be in accordance with the Regulating Plan. See Section 2 for land use types. • Service Requirements
• Access to parking shall be from a common drives
shared with adjacent lots, or by drives within the lot
spaced not more than 250' on center.
• Access to trash collection, dry utility meters and other service functions shall be within the areas designated
for parking or within the block and not visible from
the street.

Parking and Open Space Requirements
• Each dwelling unit shall be provided with at least 1
on-site parking space. Units with 2 bedrooms shall be
provided with 1½ spaces, and units with 3 or more bedrooms shall be provided with 2 spaces. These parking requirements are inclusive of guest parking.For affordable housing, parking will be governed by State Code. • Surface parking lots that are visible from the street shall be screened by landscaping.
• Parking may be located in in a podium, a wrapped parking structure or subterranean. Distance from an entrance to a parking structure to a residential entrance shall be 300' maximum.
• A Parking Management Plan (PMP) describing parking
counts, onsite and curbside parking management and
enforcement practices will be required for all apartment projects. The PMP shall be approved by the City Traffic Engineer.The PMP may allow shared parking arrangements with adjacent uses or districts. • Curbside parking may be used to partially satisfy the requirement for guest parking which cannot be met on
site, when and where possible based on the Parking
Management Plan.
• Secure mail and parcel delivery provisions shall be
included, coordinated with Oxnard Police Department
(OPD).
• Long term and short term bicycle storage per the city's Bicycle Master Plan shall be provided to meet residential unit storage requirements.
• Common and private open space combined shall be a
minimum of 20% of the area of the lot, and can be yards or courts at grade, roof decks, or individual or common balconies. Balconies, if provided, must be a minimum
6' x 8' in size. All other common exterior open spaces
must be a minimum of 15' in width. Location of these
spaces should be designed so that all units have reasonable access to some form of open space. Common space alone shall be a minimum of 10% of lot area, and
amenities shall be provided, including at least one of
the following: Swimming pool, spa, sports court, BBQ
and picnic facility, recreation room, or exercise course and stations. Interior common spaces can count toward
this requirement if recreational amenities are provided. update through 3/2012
7-R Apartments - Urban
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another in the commercial district. This parking
overview function is realized by implementing a
parking management plan for each development
project, as described later in this Section.
q On-Street Parking: To facilitate the project as a
pedestrian-oriented, mixed-use district, the plan
allows a carefully-controlled disposition of onstreet parking to meet a limited proportion of the parking requirement. This inclusion of the onstreet parking for visitors and customers–both by calculation and by design–is crucial to the
success of any mixed-use, pedestrian-oriented
district. The hallmark of pedestrian-oriented
development is that front doors of businesses
and residences face the public street, which cannot function unless visitors and customers are actually using those doors–thus the parking must
be on the street. The on-street parking, located
in the immediate vicinity of the use the parking
serves, is also governed by a project-specific
parking management plan.

6.2.5.2 Specific Regulations
q Parking Requirements for Mixed-Use Neighborhoods
The mixed-use neighborhoods (Planning Districts
A, G, I, J, and K shown in Exhibit 2.C) which surround the commercial core of RiverPark (Planning Sub-Districts B, C and D) utilize off-street parking
for residents and a combination of on-street and offstreet parking for visitors and customers depending on the specific location and building type used. The
parking requirements for these neighborhoods are
defined for each permitted building type in Section
4 of this Specific Plan.

For blocks where both commercial and residential
uses are proposed by a Builder/Developer, a Parking Master Plan must be prepared. This plan will be evaluated as part of the Design Review Process to
assure that the required parking is available and that
shared parking is utilized when possible to avoid
an oversupply of parking lots. The Development
Services Director/ Planning Manager when determining that the availability of visitor and customer parking is likely to change over time, may require
that a Parking Management Plan be prepared and
implemented for the block(s) in question.
q Commercial Area Parking
• Commercial area parking in Planning Districts A through E will fulfill the minimum off-street parking requirements of this
Specific Plan and will provide the parking
required for a viable and successful commercial center. • Shared parking will be allowed where appropriate, particularly in the commercial districts (Planning Districts A through E)
and the parking areas behind mixed-use
residential building types 4-R and 5-R
• The parking requirement may be accommodated by a combination of lot parking, as well as street parking near the business
the parking serves, or on another site by way
of a shared parking proposal approved initially by the Master Developer and then by the City of Oxnard Development Advisory
Committee and the Development Services
Director/ Planning Manager.
• Where residential uses are proposed as
alternates within commercial districts, the
residential portion of the required parking
must be met independently of any shared
parking arrangement.

Exhibit 6.D illustrates a potential parking scenario
for the primarily commercial Planning Districts A
through E. It should be understood that the parking
locations shown by this graphic are potential locations which support only one of many development scenarios which may actually be built. The actual
locations will have to be approved on a case-bycase basis, as specific development projects with their accompanying parking management plans are
submitted for review.
q Parking Management Plan
A Parking Management Plan must be incorporated in the submission for any commercial development in Planning Districts A through E.

The plan shall identify a system for managing
on- and off-street parking to ensure that it will
be available for visitors and customers.

The Parking Management Plan must address the
entire block in which a development is located,
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is available, and that shared parking is utilized
when possible to avoid an oversupply of parking
lots. The plan must take into account the change
in parking demand over time as development
proceeds.
2) A system for managing on-street parking to
ensure that it will be available for visitors
and customers. Management techniques
may include time limits or other measures
to prevent the on-street parking being used
up by residents or employees of businesses,
who must park off-street.
3) Standards for the location and phasing of
parking structures should sufficient at-grade
parking not be available in the future.
q Parking Space Size
Full size parking spaces shall be a minimum
of 9’x 19’. Parking may overhang per OMC
16-636 (B & C). Parking drive aisles shall be
a minimum of 25’ wide. Driveway approaches
shall be a minimum of 22’ wide and a maximum
of 31’ wide for pedestrian safety. The Master
Developer will work with the City to assure
that the distribution of spaces will best serve
parking demand.
q Commercial Parking Ratios
Off-street parking shall be provided in accordance with City standards. A land use and its required parking shall be located within the
same Planning District.

In case of a conflict between any provisions of this
Plan and the Oxnard Zoning Ordinance, the provisions of this Plan shall govern. In matters on which this Plan is silent, the Oxnard Zoning Code shall
govern. In the case of conflicts between the provisions of this plan and the Uniform Building Code (UBC), the UBC shall govern.

6.2.6 Public Transportation
The RiverPark development is designed to encourage maximum use of public transportation as an alternative and supplement to the use of private
automobiles.

The term “public transportation” is used here as a
general term. It refers to the standard services provided by Oxnard’s public bus operator as well as other bus services, local shuttles, taxis, “dial-a-bus,” airport shuttles and other services which operate in
the area now and in the future.

Regardless of the specific service or mode, increasing the use of public transportation is an essential element in meeting local and regional planning
objectives, addressing air quality concerns, as well
as improving the quality of life for all. It is also
essential for those individuals who are transitdependent.

Several features of the Specific Plan encourages the
use of public transportation:
q Ensuring that development will be in the form
of complete, mixed-use neighborhoods with an
interconnected network of pedestrian-oriented
streets, such that the use of transit for travel to,
from and within the District is both pleasant and
likely.
q Providing a street network within the community that facilitates the efficient movement of public transportation vehicles throughout the
development.
q Providing direct linkages to key local and regional arteries, namely Oxnard Boulevard and Vineyard Avenue.
q Providing a road system design that ensures safe
and efficient transit stops.
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needed to link RiverPark to the City of Oxnard and to
support most anticipated residential, commercial and
office development within RiverPark Areas “A” and
“B.” Work is anticipated to incorporate: a) the remediation program for the mining pits in RiverPark “B” and construction of all water storage/recharge basin
and storm water control facilities; b) construction
of the Phase One backbone infrastructure including roads and utilities; c) grading of RiverPark “A” to create required drainage and building pads; and
d) construction of related landscape improvements
including Town Square and entry monuments.

Timely completion of the State Route 1/US Route
101 Freeway interchange by Caltrans is critical to
the development of RiverPark “A” and the completion of Phase One. This interchange will connect the existing Oxnard Boulevard north across the
Ventura Freeway to RiverPark, as well as provide
direct access from the freeway to the main entry to
the Project at Oxnard Boulevard.

Phase Two will complete the backbone road and
utilities and development pads in Planning District
H, thereby completing all infrastructure required of
the Master Developer with the exception of roads
within Planning District D.

Phase Three is limited to the completion of roads
and development pads in Planning District D.

Build-out will be, in part, dependent on providing
the transportation system improvements called for in
the Circulation Master Plan portion of this document
(Section 6.2), the City of Oxnard Circulation Element and the City’s fifteen-year circulation system improvement plan.

7.5.2 Development Options

7.5.2.1 Development in the Mixed-Use Portion of
Planning District A
The following requirements apply to development
only within the Planning District A mixed-use area:

One of two development options may be exercised:
1) Development Option A: All Residential: Development will be guided by the regulatory plan and related residential regulations contained in
Section 4, Residential Master Plan. The land use
plan for this option is located in Section 2.
2) Development Option B: Commercial/Residential:

The regulatory plan for Development Option B:

Commercial/Residential and regulations of commercial building types are contained in Section 3, Commercial Master Plan. Regulations for
residential building types used in Development
Option B are contained in Section 4, Residential
Master Plan. The land use plan for this option is
located in Section 2.

Development Options A and B are the only options
permitted by the Specific Plan. Other road layouts
and/or changes of the indicated uses will require
a change in the Specific Plan.

The road and parcel locations differ between the
two options. Therefore, first development within the
mixed-use area, whether residential or commercial,
will determine which of the two Development Options will be utilized for the rest of the mixed-use portion of Planning District A.

The first Builder/Developer who develops residential
or office uses within the mixed-use area will propose
to the City which of the two Development Options
are implemented, according to Specific Plan requirements. The requirements for the development option chosen will apply to all future development within
the mixed-use area.

7.5.2.2 Development in Planning District B
The following requirements apply to development
within Planning District B:

One of two development options may be exercised:
1) Development Option A: All Residential: Development will be guided by the residential regulations contained on page 4.32. The land use plan for this
option is located in Section 2.
2) Development Option B: All Commercial: The
regulations of commercial building types are contained in Section 3. The land use plan for this option is located in Section 2.

The first Builder/Developer who develops residential
or office uses within the mixed-use area will propose
to the City which of the two Development Options
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chosen will apply to all future development within
the mixed-use area.

7.5.2.3 Development in the Mixed Use Portion of
Planning District C
The following requirements apply to development
only within the Mixed Use portion of Planning
District C:

One of two development options may be exercised:
1) Development Option A: All Residential:

Development will be guided by the residential regulations contained on page 4.32. The land use plan for this option is located in Section 2.
2) Development Option B: All Commercial: The
regulations of commercial building types are contained in Section 3. The land use plan for this option is located in Section 2.

The residential development options in Districts B
and C will be subject to the limitations indicated
in 7.10.4

7.5.3 Distribution of Dwelling Units and
Commercial Among Districts
Each Planning District has a range of allowable
dwelling units and maximum commercial development, as shown by Exhibit 2.J the Land Use Summary. The total of the allowable dwelling units per Planning District based on the range exceeds the
project-wide maximum of 3,656 dwelling units.

To assure that the project-wide maximums are not
exceeded, the Master Developer shall monitor the
number of units and commercial square footage
built within each Planning District as development
proceeds in order to assure that units are not overly
concentrated in some districts, that the commercial
maximum is not exceeded, and that the total number
of units developed does not exceed 3,656.

7.6 FINANCING AND FUNDING

7.6.1 Financing and Funding Principles
The policies described in this section shall govern
the funding of facilities and public services for the
RiverPark Specific Plan. The principle underlying
these policies is that RiverPark should pose no financial burden or obligation on the City of Oxnard or other jurisdictions beyond their meeting State and
City requirements related to providing such services
as school, fire and public safety.

Accordingly, the Master Developer, in combination
with Builder/Developers, will:
 Pay the full cost of the infrastructure needed to
serve RiverPark.
 Fund the costs of mitigating adverse impacts
on the City’s existing utility and transportation
infrastructure.
 Provide for a fair allocation of costs among land
uses.

7.6.2 Financing and Funding Policies
The following policies govern the financing of
infrastructure and public services for the RiverPark Specific Plan in accordance with the above principles:
 On-Site Public Infrastructure: The Master
Developer will fund the full cost of public
infrastructure and public services within the
Specific Plan Area. These funds shall come from
revenues generated by development within the
Specific Plan Area, except where specific existing City, County, District or State sources are available.
 Off-Site Public Infrastructure: The Master
Developer will fund the “fair share” costs of
public infrastructure outside of the Specific Plan
Area required to support development within
RiverPark. Construction of the various off-site
circulation improvements will be funded by a
combination of sources. These include City,
County, and State developer financing and an
Maximum Development Based on Residential
Development Options
Residential
Options Selected
per District
(B& C only)
Maximum
Residential Units
of Options
Chosen
Maximum
Commercial
Development
B & C 3,656 1,761,623
B 3,376 1,915,270
C 3,323 1,944,353
No Residential 3,043 2,098,000
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RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Modifications and/or Specially Permitted Uses
are made to, and decided by, the Planning Commission.
5b. Final Project Plan: The Builder/Developer
prepares construction documents meeting City
of Oxnard requirements, while incorporating
comments and/or conditions established by the
Planning Commission or Development Services
Department Director/Planning Manager. The
RDAG will review the Final Project Plan to assure that the construction documents incorporate all design comments made to date, and then
submit a recommendation to the City.

Phase 6: Building Permit
 Plan Check and Building Permit: The Builder/
Developer prepares construction documents
meeting all Specific Plan and City of Oxnard
requirements and submits the plans and other
required material to the Oxnard Building Department for the necessary approvals.

7.9.5 Roadway Approval
All Oxnard roadways, including those governed by
the Specific Plan, must be approved by the City prior
to their implementation. Discussions have been held
with the appropriate agencies (e.g. fire, sanitation,
traffic and police) concerning the roadway cross
sections shown in this document and these roadways
will each accommodate the appropriate functions.

Any changes from these sections, or any relocation,
other treatment or other uses tributary to these sections, will be considered by the City and additional approvals may be required.

7.9.6 Signage Approval
All submittals to the City shall be consistent with
the requirements of the Specific Plan and the Signage and Lighting Guidelines document, including requirements for submission exhibits.

7.9.6.1 Preliminary Review
The Preliminary Signage Plan shall be submitted as
part of the submission for Phase 4a of the Project
Review and Approval Process, as described in Section 7.14.

7.9.6.2 Final Approval
Signage plans which incorporate the design review
comments made at the Preliminary Review stage
shall be submitted as part of Phase Five of the Project Permitting Process.

7.10 OTHER ISSUES

7.10.1 Effects of a General Plan Amendment on
the Specific Plan
Adoption of amendments to the 2020 General
Plan or a General Plan Update by the City will
not necessarily require amendment of the Specific
Plan. But any subsequent discretionary approval or
amendment to the Specific Plan must be consistent
with the General Plan, as amended and/or updated,
except to the extent that such change in the General
Plan deals with matters in which the Developer/Applicant shall possess vested rights under the terms of a Development Agreement entered into between
the Developer/Applicant and the City.

7.10.2 Environmental Issues
The City of Oxnard has certified the Project Environmental Impact Report in association with approval of the RiverPark Specific Plan.

Mitigations for all identified impacts are defined
by the adopted Mitigation Monitoring Program.

All mitigations identified will be implemented
as required.

7.10.3 Affordable Housing Guidelines
Within the Specific Plan Area, 140 residential units
will be affordable to very low income households.

Also, 140 residential units will be affordable to
low income households, and 112 residential units
will be affordable to moderate income households.

In addition, the developer of the residential units
within Planning District H shall be required to pay
the applicable affordable housing in lieu fee for each
residential unit constructed. The above numbers may
also be increased by the application of a density
bonus pursuant to City Ordinance. Any subsequent
development that increases residential units above
3,043 through a Specific Plan Amendment must provide a minimum of 15% of those units as affordable, split as 5% Very Low Income, 5% Low Income, and
5% Moderate Income.
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RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005

7.10.4 Residential Unit Mix within Residential
Very High Districts
Within the Residential Very High portions of Districts B and C, the number of residential units collectively will be limited to up to 613 units and by the bedroom unit type. The maximum number of units
per bedroom unit types are as follows:

Studio Units 68
One Bedroom Units 300
Two Bedroom Units 215
Three Bedroom Units 30
If a development is proposed that would require an
increase in the maximum number of a specific unit
type or types, a corresponding decrease in another
unit type or types will be required, utilizing a conversion rate of 1.18 persons per bedroom. The Master Developer and TMP will monitor the unit type mix
of the Residential Very High portions of Districts B
and C to insure that the maximum overall unit count
and bedroom unit types are not exceeded.

7.11 TEMPORARY USES

7.11.1 Temporary Use - Defined
A “temporary use” is one which occupies a parcel
of land for a period of more than one hour within a
twenty-four-hour period, but less than the maximum
time limits set forth herein and which does not utilize any permanent structures except as otherwise permitted herein.

7.11.2 Temporary Use - Permitted
No uses listed in this section shall be conducted
unless a temporary use permit or special use permit
authorizing such a use has been approved.

The following temporary uses which are further defined in the City Code, may be permitted subject to the granting of a temporary use permit in accordance
with the provisions of this article:
(a) Residential Land Use Districts, or property for
which a residential use has been approved:
(1) Construction signs, defined as a sign stating the names of those individuals or firms directly connected with the construction
project. Said sign may include the name
of the city in which the business is located
and emergency phone numbers.
(2) Sales or rental offices (used only for the
sale or rental of residential properties
which are part of a project containing
five or more contiguous lots or units, said
offices to be located on or immediately
adjacent to the site of the project and as
further regulated by section 7.11.8).
(3) Sub-division model homes and related
facilities.
(4) Sub-division signs.
(5) Temporary construction yards and offices
(used only in conjunction with development of uses permitted by the applicable land use district, said offices and yards
to be located on or immediately adjacent
to the site of the development. One adult
caretaker may be present during nonconstruction hours). (6) Youth, charitable or nonprofit organization
projects.
(7) Other temporary uses, which the development services director has determined to be compatible with the land use district and
surrounding land uses.
(b) Commercial and Office Land Use Districts:
(1) Those temporary uses listed in section

7.11.1 (a).
(2) Christmas tree lots.
(3) Grand opening signs, banners and other
similar temporary signage excluding balloons and other inflatables. (4) Auctions.
(5) Outdoor carnivals, circuses and rodeos.
(6) Outdoor concerts.
(7) Other outdoor shows.
(8) Outdoor religious revival meetings.
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RIVERPARK SPECIFIC PLAN
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
Lanes or Lane Streets: See Alleys
Live/Work Unit: A building type as defined in Section 2 which allows retail or commercial use on the ground floor of a residential unit in residential
neighborhoods. The ground floor of such a unit is
often used for a home business, as an artist studio or
a workshop. Refer to Section 4. As defined by “City
of Oxnard Mixed Use Development Policy”.

Live/ Work Use: Residential premises used for the
transaction of business or the supply of professional
services. Home occupation shall include the following: agent, architect, artist, broker, consultant, dentist, doctor, draftsman, dressmaker, engineer,
interior decorator, lawyer, notary public, teacher,
or other similar occupations, as determined by the
DAC or the City of Oxnard Mixed Use Development
Policy. Such use shall not simultaneously employ
more than two persons. The total gross area of the
home occupation use shall not exceed 30 percent of
the gross square footage of the residential unit.

Lot: The individual land area on which a single
family detached unit is located.

Major Deviation: A deviation from numerical standards of the Specific Plan by more than 15%.

Master Developer: The Specific Plan requires that
a Master Developer entity (or two Master Developers, one for residential and one for commercial development) assume the primary responsibility
for implementing the project according to and in
conformance with the design intent of the Specific
Plan and related documents until all development
parcels are built out.

The Specific Plan requires that, following adoption
of the Specific Plan, Master Developer responsibilities include, but are not limited to: installing backbone road and utilities infrastructure, providing
public open space, selecting Builder/Developers,
monitoring the allocation and maximum number
of units within and among Planning Districts, and
monitoring the total number of dwelling units to assure that they do not exceed the maximum of 3,656 established by the Specific Plan.

Media Niche: An architectural projection commonly used to house media cabinets and equipment in a residential application. Media niches must be
combined with other architectural features such as
a fireplace chimney. The media niche portion of a
projection shall not exceed 6’ in length parallel to
the structural envelope of the building.

Minor Deviation: A deviation from numerical standards of the Specific Plan up to 15%.

Multi-Family: Dwelling units grouped within a
building and sharing a street entrance with other
dwelling units. Maximum density is 80 d.u. per acre.

Net Acreage: The area of a site within its property
lines. Distinguished from Gross Acreage. Note that
Net Acreage should be used when determining residential density (unit count per acreage).

Paseo: An outdoor, uncovered pedestrian walkway
in commercial and residential areas which lead from
the rear to the front of the property. This walkway is
attractively landscaped, hardscaped and lighted in a
manner to maximize safety and security as well as
to encourage pedestrian use.

Pedestrian Lighting: Lighting primarily designed to
illuminate pedestrian pathways including sidewalks.

Distinguished from street lighting that is primarily
designed to illuminate streets.

Permitted (or By-Right) Uses: Specific Plan land
uses which require review and approval by the Development Services Manager/Planning Manager.

Distinguished from “Specially Permitted” land uses
which require review and approval by the Oxnard
Planning Commission and a Special Use Permit.

Planning Commission: The City of Oxnard Planning Commission.

Planning District: One of thirteen designated areas
of the RiverPark Specific Plan, labeled “A” through
“M.” Each Planning District has distinct land uses,
environmental character and development requirements. Planning District boundaries and characteristics are defined in Section 2.

Private Street: A street, as distinguished from a
lane or alley, which is located within a development provided by a Builder/Developer on private land. A private street is generally used for on-site
circulation.

Product Type: The basic unit of residential development. Each product type has associated deupdate through 3/2012 1072
8 GLOSSARY 8 . 4

R I V E R P A R K S P E C I F I C P L A N
prepared for RiverPark Development, LLC by AC Martin Partners with

RTKL / EDSA / CRAIN AND ASSOCIATES / WILLIAM HEZMALHALCH ARCHITECTS / HUITT-ZOLLARS April 12, 2005
velopment requirements such as lot dimensions,
building envelope, building orientation and use,
service requirements and parking requirements. The
RiverPark Specific Plan defines residential product
types in Section 4. The location of these product
types is defined in the residential regulatory plans
in Section 4.

Project: The construction, addition or structural
alteration of commercial, residential or institutional buildings and related facilities, or a change of use, within the Specific Plan Area by a Builder/
Developer.

Refers to specific development projects on parcels
within RiverPark, as distinguished from RiverPark
as a whole. A project does not include permits for
electrical, mechanical, plumbing, demolition or
similar permits; certain fences or walls, signs, minor
grading permits, reconstruction of a building damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of nature or the public
enemy, and any construction for which a building
permit is required in order to comply with a public
safety order.

The term sometimes refers to RiverPark as a
whole. Context should indicate which meaning is
intended.

Project Plan: The design for each project which
is submitted to the City of Oxnard by a Builder/
Developer during the Project Review and Approval
Process.

Project Review and Approval Process: The Process
defined in Section 7 by which a Builder/Developer
obtains from the City the permits required to construct a development project. This process includes review by the Master Developer and the City for conformance of the Project Plan of each development with the Specific Plan and related documents.

Public Realm; Public Open Spaces: Areas of RiverPark other than those sold to Builders/Developers for private development. These include all landscaped
open spaces, parks, circulation corridors for motor
vehicles, pedestrians, and bicycles (public rights-ofway), storm water and water runoff control facilities.

The setback areas of private development parcels
between the building and public access street are
also considered part of the public realm. See also
“Street Space.”
Public Right-of-Way: Areas within RiverPark designated for pedestrian and/or vehicular circulation with associated utilities and streetscape improvements.

This land cannot be sold to Builders/Developers.

Regulations: Generic term for rules governing
development in all public and private areas of the
RiverPark Specific Plan Area. Includes guidelines
and standards.

Residential: Premises used primarily for human
habitation. Units shall not be less than 450 square
feet in net area.

Residential: Low-Medium: A land use category
allowing dwellings at 8-12 dwelling units per gross
acre. Permitted building types are single-family
detached.

Residential: Medium: A land use category allowing
dwellings at 12-18 dwelling units per gross acre.

Permitted building types are single-family and multifamily attached or detached.

Residential: High: A land use category allowing
dwellings at 18-30 dwelling units per gross acre.

Permitted building types are single-family and multifamily attached or detached.

Residential: Very High: A land use category allowing dwellings at 30-80 dwelling units per gross acre.

Permitted building types are multi-family attached.

Residential Uses: Refers to the residential land
use categories: Residential: Low-Medium (SingleFamily); Residential: Medium (Townhouses); and Residential: High (Multi-Family Residential); Residential: Very High (Urban Apartments).

RiverPark “A”: RiverPark “A” consists of all of
the Specific Plan area south of Garonne Street. This
area includes commercial, office, hotel/convention
and residential uses.

RiverPark “B”: RiverPark “B” refers to the Specific Plan area north of Garonne Street. This area is devoted primarily to residential communities with
parks, schools and water control facilities including
water storage recharge basins.
update through 3/2012
1073

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. ___________

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE SIXTH AMENDMENT TO RIVERPARK DEVELOPMENT
AGREEMENT NO. 6128 (PLANNING AND ZONING PERMIT NO. 20-670- 04) AND CERTIFYING ADDENDUM NO. 15 TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 00-03 FOR THE RIVERPARK SPECIFIC PLAN,

GENERALLY LOCATED NORTH OF THE VENTURA FREEWAY
(HIGHWAY 101), WEST OF EAST VINEYARD AVENUE, EAST OF THE SANTA CLARA RIVER, AND SOUTH OF CENTRAL AVENUE. FILED BY ANN WALSH OF SHEA PROPERTIES, 2751 PARK VIEW COURT, SUITE 261, OXNARD, CA 93036.

WHEREAS, on September 10, 2002 the City Council approved the entitlements for The RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, On September 10, 2002, the City Council adopted Ordinance No. 2605, approving Planning and Zoning Permit No. 01-5-46 (Development Agreement No. A-6128) between the owners of the RiverPark Project and the City of Oxnard; and WHEREAS, On December 21, 2004, the City Council adopted Ordinance No. 2678 approving the first Development Agreement Amendment which incorporated properties located within the RiverPark Specific Plan that were acquired by RiverPark A and RiverPark B after the effective date of the DA, including clarifications of duties and ownership relating to RiverPark and the previous project for part of the site, the Oxnard Town Center development; and WHEREAS, On August 7, 2007, the City Council adopted Ordinance No. 2744 approving the second Development Agreement Amendment, which incorporated changes related to the ability to locate a multiplex theater in District D of the RiverPark Specific Plan area; and WHEREAS, On October 5, 2010, the City Council adopted Ordinance No. 2830 approving the third Development Agreement Amendment, maintaining development fees at current levels for an extended period of time, based on market conditions at the time; and WHEREAS, On June 12, 2012, the City Council adopted Ordinance No. 2856 approving the fourth Development Agreement Amendment to reflect changes in numerical values for commercial square footage and residential units proposed in the fourth amendment to the RiverPark Specific Plan, along with construction timing milestones and fee adjustments; and WHEREAS, On December 17, 2013, the City Council adopted Ordinance No. 2877 approving the fifth Development Agreement Amendment maintaining traffic development fees at current levels for an extended period of time; and
WHEREAS, in July 2002 the City Council certified Final Environmental Impact Report (FEIR) No. 2000-03 (State Clearinghouse No. 2000051046) and adopted a Statement of Overriding Considerations. The FEIR was prepared to analyze potential impacts associated with the approval and the implementation of The RiverPark Specific Plan and the anticipated build out of the 702-acre 1074
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RiverPark Development Agreement Amendment No. 6 (PZ 20-670-04) City Council Hearing Date: March 15, 2022

specific plan site. The FEIR No. 00-03 found four areas of significant impacts (Earth ResourcesMineral Resources, Water Quality, Agricultural Resources, and Cultural Resources-Historical Resources); and
WHEREAS, an EIR Addendum was prepared to summarize the site specific technical clarifications with respect to the following impact analysis areas associated with the proposed SPA and Development Agreement Amendment (DAA) Land Use, Aesthetic, Earth Resources, Biological Resources, Water Resources, Transportation and Circulation, Agricultural Resources, Air Quality, Noise, Public Schools, Fire Protection, Police Protection, Parks and Recreation, Solid Waste Management, Library Services, Stormwater Drainage, Water Supply and Distribution, Wastewater Service, Entergy, Cultural Resources, Hazards, Wildfire, and Tribal Cultural Resources. The EIR Addendum concluded that no additional significant impacts were identified in Addendum No. 15 prepared for this Project, nor would the Project substantially increase the severity of previously anticipated significant impacts. No additional mitigation measures are required; and WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) has considered an application for Planning and Zoning Permit No. 20-670-04 (“Project”), a sixth amendment to Development Agreement No. A-6128 (Development Agreement) between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and SOCM I, LLC, a Delaware limited liability company (“SOCMI”), RIVERPARK POINTE, LLC, a Delaware limited liability company (“Riverpark Pointe”), RIVERPARK LANDING, LLC, a Delaware limited liability company (“Riverpark Landing”), OAKMONT OF RIVERPARK LLC, a California limited liability company (“Oakmont”), SUNFLOWER, LP, a California limited partnership (“Sunflower”).

Collectively, SOCMI, Riverpark Pointe, Riverpark Landing, Oakmont, and Sunflower are referred to herein as the “Riverpark Commercial Area Developers.” (collectively referred to “Applicant” or “Developer” in the record of proceedings); and
WHEREAS, the Sixth Development Agreement Amendment (DAA) shall allow for a time extension, impact fee modifications, and define future affordable housing requirements. The proposed changes are included in Exhibit A to this Ordinance; and WHEREAS, on December 16, 2021, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement (PZ 20-670-04) in accordance with Chapter 16-575 of the Oxnard City Code; and WHEREAS, on December 16, 2021, the Planning Commission made a motion to continue the Project to the Planning Commission meeting on January 13, 2022, and WHEREAS, the Planning Commission, after due study, deliberation and a duly noticed public hearing on January 13, 2022, and after it received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, found that the project meets the criteria set out in California Government Code 65864 through 65869.5; and 1075
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RiverPark Development Agreement Amendment No. 6 (PZ 20-670-04) City Council Hearing Date: March 15, 2022

WHEREAS, pursuant to CEQA Guidelines §15164, the Commission considered Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on the Project; and
WHEREAS, the Planning Commission adopted Resolution 2022-04 recommending that the City Council approve Planning & Zoning Permit No. 20-670-04 (Development Agreement Amendment) with the requirement that the property owner enter into a Project Labor Agreement before the development of the RiverPark Specific Plan proceeds; and WHEREAS, on March 15, 2022, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider both the request to approve Planning and Zoning Permit No. 20- 670-04 (Development Agreement Amendment), both as originally negotiated with the Applicant and as recommended by the Planning Commission in accordance with the OCC; and WHEREAS, the City Council received written and verbal comments from the public; and WHEREAS, pursuant to CEQA Guidelines §15164, the City Council considered Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on the Project; and
WHEREAS, in accordance with Section 15164 of the California Code of Regulations, the City Council has determined that minor changes are proposed to the project for which an FEIR were previously certified; and that an Addendum is the appropriate environmental document to evaluate the minor changes in the Project, and has prepared an Addendum thereto because the proposed changes to the original Specific Plan and DA would not result in any new additional significant impacts, nor would they substantially increase the severity of previously anticipated significant impacts. The City Council has determined that there is no substantial evidence that the Project would result in new or substantially more severe impacts than those identified in FEIR No. 00-03.

Rather, all of the impacts associated with the Project are within the envelope of impacts addressed in the Certified FEIR and do not constitute a new or substantially increased significant impact.

Accordingly, none of the conditions that trigger the need to prepare a subsequent Environmental Impact Report pursuant to CEQA Guidelines § 15162 would occur; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement Amendment is consistent with the 2030 General Plan; and WHEREAS, the pursuit of the Development Agreement Amendment is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and welfare of the public by providing housing opportunities for the residents of the City of Oxnard; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:

1. As initially outlined in Section 6(b) and Attachment F of the Planning Commission Staff 1076
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report dated December 16, 2021, the proposed Development Agreement Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As initially outlined in Section 6(h) of the Planning Commission Staff report dated December 16, 2021, the proposed Development Agreement Amendment is a logical refinement and internally consistent with the adopted RiverPark Development Agreement;

3. As determined in the Addendum to FEIR No. 00-03, the proposed Development Agreement Amendment will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare; and

4. As initially outlined in Section 6(c - g) of the Planning Commission Staff report dated December 16, 2021, the proposed Development Agreement in association with the RiverPark Specific Plan Amendment conforms to adopted City standards and constitutes good City planning; and
WHEREAS, the Applicant agrees that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this Ordinance or any actions or proceedings, acts or determinations taken, done or made before the approval of this Ordinance that were part of the approval process.

NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Riverpark Development Agreement Amendment is internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The City Council finds that the Riverpark Development Agreement Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with the Riverpark Development Agreement Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. 1077
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RiverPark Development Agreement Amendment No. 6 (PZ 20-670-04) City Council Hearing Date: March 15, 2022

SECTION 5. The City Council determines that the development that would be authorized for the project site by the proposed RiverPark Development Agreement Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the RiverPark Development Agreement Amendment is in the best interests and welfare of the City and its residents.

SECTION 7. In approving this ordinance for the RiverPark Development Agreement, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Addendum No. 15 to FEIR No. 00-03, and Subsequent Addendums was considered by the City Council at the public hearing for the RiverPark Specific Plan Amendment and Development Agreement Amendment. The Addendum to the FEIR No. 00-03 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines.

The City of Oxnard is the Lead Agency. The Addendum is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to the MND are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent environmental impact report pursuant to CEQA Guidelines § 15162 and 15163. With implementation of the FEIR No. 00-03 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 20-670-04 (Amendment No. 6 to Development Agreement No. A - 6128) to amend the Development Agreement pursuant to Exhibit A, without the recommended action of the Planning Commission, hereto attached.

SECTION 9. Planning and Zoning Permit No. 20-670-04 (Amendment No. 6 to Development Agreement No. A - 6128) is approved to amend the Development Agreement pursuant to Exhibit A, without the recommended action of the Planning Commission, hereto attached
SECTION 10. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance; and
SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City 1078
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Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on March 15, 2022, and finally adopted on ______, 20__ to become effective thirty days thereafter.

PASSED and ADOPTED this _______ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
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EXHIBIT A

SIXTH DEVELOPMENT AGREEMENT TEXT
1080

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attn: City Clerk
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT (the “Sixth Amendment”) is made in Ventura County, California as of _________________ __, 202_, by and between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and SOCM I, LLC, a Delaware limited liability company (“SOCMI”), RIVERPARK POINTE, LLC, a Delaware limited liability company (“Riverpark Pointe”), RIVERPARK LANDING, LLC, a Delaware limited liability company (“Riverpark Landing”), OAKMONT OF RIVERPARK LLC, a California limited liability company (“Oakmont”), SUNFLOWER, LP, a California limited partnership (“Sunflower”). Collectively, SOCMI, Riverpark Pointe, Riverpark Landing, Oakmont, and Sunflower are referred to herein as the “Riverpark Commercial Area Developers.” The City and the Riverpark Commercial Area Developers may be referred to individually as a “Party” or collectively as the “Parties.”

RECITALS
A. The Riverpark Commercial Area Developers are the owners of real property located in the City within the boundaries of the City’s Riverpark Specific Plan. SOCM I is the owner of that certain real property more particularly described in Exhibit A-1 attached hereto. Riverpark Pointe is the owner of that certain real property more particularly described in Exhibit A-2 attached hereto. Riverpark Landing is the owner of that certain real property more particularly described in Exhibit A-3 attached hereto. Oakmont is the owner of that certain real property more particularly described in Exhibit A-4 attached hereto. Sunflower is the owner of that certain real property more particularly described in Exhibit A-5 attached hereto. The area described in Exhibits A-1 through A-5 is referred to herein as the “Riverpark Commercial Area.” B. The City and Riverpark Commercial Area Developers’ predecessor in interest entered into that certain Development Agreement dated as of August 27, 2002, and which was recorded against the Riverpark Commercial Area Developers’ Property (as well as other areas) on September 10, 2002 as Instrument No. 2002021645000 in the Ventura County Recorder’s Office (the “Original Development Agreement”), as amended by that certain First Amendment to Development Agreement dated as of December 14, 2004 and recorded against Riverpark Commercial Area Developers’ Property on December 23, 2004 as Instrument No. 1081
2 200412230339920 in the Ventura County Recorder’s Office and re-recorded against Riverpark Commercial Area Developers’ Property on January 24, 2005 as Instrument No. 200501240017504 in the Ventura County Recorder’s Office (the “First Amendment to Development Agreement”), as further amended by that certain Second Amendment to Development Agreement recorded against the Riverpark Commercial Area Developers’ Property on August 21, 2007 in the Ventura County Recorder’s Office as Instrument No. 20070821001636170 (the “Second Amendment to Development Agreement”), as further amended by that certain Third Amendment to Development Agreement recorded against the Riverpark Commercial Area Developers’ Property on October 13, 2010 in the Ventura County Recorder’s Office as Instrument No. 20101013001577430 (the “Third Amendment to Development Agreement”), as further amended by that certain Fourth Amendment to Development Agreement (the “Fourth Amendment to Development Agreement”), which did not affect the Riverpark Commercial Area Developers’ Property and was not recorded against the Riverpark Commercial Area Developers’ Property, as further amended by that certain Fifth Amendment to Development Agreement (the “Fifth Amendment to Development Agreement”), which did not affect the Riverpark Commercial Area Developers’ Property and was not recorded against the Riverpark Commercial Area Developers’ Property. The Original Development Agreement as amended by the First Amendment to Development Agreement, the Second Amendment to Development Agreement, the Third Amendment to Development Agreement, the Fourth Amendment to Development Agreement, and the Fifth Amendment to Development Agreement, together with any extensions or amendments approved administratively, are referred to herein collectively as the “Development Agreement.” The Development Agreement encumbers more real property than the Riverpark Commercial Area Developers’ Property.

Collectively, all real property encumbered by the Development Agreement is referred to herein as the “Site.” Owners of portions of the Site (including each of the Riverpark Commercial Area Developers) may be referred to herein individually as a “Riverpark Developer” or collectively as the “Riverpark Developers.”
C. In conjunction with transfers of portions of the Site to the various Riverpark Developers, the Parties to such transfer agreements have executed Assignment and Assumption Agreements that had the effect of the transferring party assigning and the acquiring party assuming the rights, duties and/or obligations under the Development Agreement relating to the portion of the Site being transferred and providing that no Riverpark Developer shall be obligated to meet any obligations under the Development Agreement that relate to a portion of the Site owned by another Riverpark Developer.

D. As of the date of this Sixth Amendment, the Riverpark Commercial Area Developers are in full compliance with the terms, conditions, and obligations of the Development Agreement as amended.

E. The City has recently adopted updated development impact fees (the “2020 Development Impact Fees”) related to the installation of public infrastructure to accommodate future development planned to occur in the City. The bulk of the development within the Riverpark Specific Plan Area has already occurred. In conjunction with such development, the public infrastructure associated with and necessary for the development of the Riverpark Specific Plan has already been constructed.
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3 F. The Parties hereto intend hereby to amend the Development Agreement to (i) extend the termination date of the Development Agreement by a period of five (5) years from October 12, 2022 to October 12, 2027, and (ii) establish a mechanism for the payment of certain 2020 Development Impact Fees that are to be applied within the Riverpark Specific Plan area as described below.

G. The Parties hereto each desire to obtain the agreement of one another to the provisions of the Development Agreement as amended by this Sixth Amendment.

H. On January 13, 2022, the Planning Commission held a duly noticed public hearing wherein the Planning Commission reviewed this Sixth Amendment.

I. On March 15, 2022, the City Council held a duly noticed public hearing on this Sixth Amendment in accordance with Government Code Section 65868.

J. The City Council has given notice of its intention to consider this Sixth Amendment, has conducted public hearings thereon pursuant to the relevant portions of the Government Code, and has found that the provisions of this Sixth Amendment are consistent with the City’s General Plan, City zoning ordinances, and the Riverpark Specific Plan, as amended. The City Council has also specifically considered the impacts and benefits of this Sixth Amendment upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Sixth Amendment is beneficial to the residents of the City and is consistent with the present public health, safety, and welfare needs of the residents of the City and the surrounding region.

K. The City has determined that the actions to be taken pursuant to this Sixth Amendment will not result in environmental impacts which are new or substantially changed from those already analyzed and addressed in the Riverpark EIR, and subsequent addenda, and, therefore has determined that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the CEQA Guidelines exists and therefore has determined, in accordance Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report, Negative Declaration or Mitigated Negative Declaration is required to be prepared prior to adopting the Ordinance approving this Sixth Amendment.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Sixth Amendment by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Riverpark Commercial Area Developers agree as follows:

Section 1. Extension of Termination Date:

The Term of the Development Agreement is hereby extended by a period of five (5) years from October 10, 2022 to October 10, 2027; provided, however, that the Development Agreement may be further extended by the City Manager upon mutual consent of the City and Developer, to the completion of the development, but not to exceed a period of ten (10) additional years. 1083
4 Section 2. Application of 2020 Development Impact Fees:

The City acknowledges that the waivers of certain fees as set forth in Sections 5.4, 5.5, 6, and 9 of the Development Agreement remain in full force and effect and have not been modified by the City actions in adopting the 2020 Development Impact Fees.

In light of the public infrastructure already constructed in conjunction with development on the Project, the City agrees that through the Term of the Development Agreement, the maximum amount of any traffic impact fees assessed shall be limited to the rate in effect immediately prior to the City’s adoption of the 2020 Development Impact Fees, which are reflected on the City’s fee chart dated as of September 24, 2018. The City further agrees that the 2020 Development Impact Fees related to the Park Development Fee shall not apply to the Project.

In lieu of the 2020 Development Impact Fees related to the Mobility Fee, the RiverPark Commercial Area Developers shall pay an alternative Mobility Fee based on the project density.

Based on the average density of the added residential units of 1.71 persons per residential unit, the alternative Mobility Fee for the Multi-Family residential would be $1,347.05 per unit.

Credits for the reasonable cost of design, engineering, land and construction costs of the public bicycle and pedestrian facilities constructed as part of the buildout of the RiverPark Specific Plan area, not otherwise used to offset mobility fees or other required fees which have already been credited, shall be granted for the alternative Mobility Fee on a first-come, first-served basis among all developers in the RiverPark Specific Plan area. Under no circumstances shall Developer be entitled to a refund of the fee credits or a transfer to a third party (i.e., an entity that does not qualify as Developer or permitted assignee under this Agreement) of the fee credits obtained pursuant to this Section. Developer is not guaranteed that any credits will still be available at the time of the imposition of any fees. The Developer shall provide all funding necessary for a mutually agreed upon third party consultant to verify all costs used to obtain fee credits.

Finally, the City acknowledges and agrees that the Riverpark Commercial Area Developers have contributed more than two million dollars ($2,000,000) in public art installations in the areas subject to this Sixth Amendment to Development Agreement in full satisfaction of the City’s public art requirements, and no additional public art is required for these portions of the Site. Of the public art that Developers have installed previously, Developers shall maintain public art installations on the Site valued at a minimum of two hundred eighty-seven thousand dollars ($287,000) in perpetuity.

For ease of reference, the Parties agree that the fees modified or exempted under the Development Agreement related to the Project are as set forth in the chart attached hereto as Exhibit B.

Other than the fees noted above, the Riverpark Commercial Area Developers shall be responsible for paying when due all Development Impact Fees in connection with the development of the Project at the rates then in effect. Subject to all applicable laws then in effect, City shall have the right: (i) to charge and apply to Property all Development Impact Fees and assessments as may be in effect at the time applicable to the Project; and (ii) to increase or otherwise modify any and 1084
5 all Development Impact Fees (including without limitation new categories of impact fees) applicable to the Project.

Section 3. Future Affordable Housing. The City’s Affordable Housing Ordinance (Ordinance 2980) requires that residential projects containing more than ten (10) units shall provide affordable 10% of the total number of units as affordable units, with half being affordable to persons of lower income and half being affordable to persons of very low income; however, the City’s Affordable Housing Ordinance does not apply to new housing projects located in areas subject to a specific plan adopted by the City that requires such projects to provide as many or more affordable units for lower and very low income persons and families as the City’s Affordable Housing Ordinance. The City and the Riverpark Commercial Area Developers have agreed to an alternative affordable housing program for the property subject to this Agreement. In lieu of the 10% requirement under the City’s Affordable Housing Ordinance stated above, all new residential projects developed on the Riverpark Commercial Area after the date of this Sixth Amendment containing ten or more dwelling units to be offered for rent shall include a number of dwelling units equal to not less than 15% of the total number of dwelling units in the project offered for rent at the following levels: 5% shall be rented at an affordable rent to persons and families of very-low income, 5% shall be rented at an affordable rent to persons and families of lower income, and 5% shall be rented at an affordable rent to persons and families of moderate income, as defined in California Health and Safety Code Sections 50105, 50079.5, 50093, respectively. Upon certificate of occupancy of the for-rent Affordable Housing Units for Very Low, Low, and Moderate Income Households each such unit shall be rented at rents that are Affordable to Very Low, Low, or Moderate Income Households for a period of fifty-five (55) years. Such units shall otherwise comply with the requirements in the City’s Affordable Housing Ordinance. However, for Moderate Income units, the maximum affordable rent shall be calculated as defined in Health and Safety Code 50053(b)(5) Section 4. Supplemental Sewer Fee.

The Riverpark Developers constructing Additional Dwelling Units within the Riverpark Specific Plan area shall pay a Supplemental Sewer Fee equal to the sewer impact fees in effect at the time of the Effective Date of this agreement applied to the Additional Dwelling Units on a per unit basis prior to the issuance of a building permit for each such Additional Dwelling Unit, less credits applied for sewer impact fees that have already been paid for the commercial development that was originally proposed at each project location, on a project by project basis.

For the purpose of this Section, Additional Dwelling Units shall mean the dwelling units constructed in the Riverpark Specific Plan area in excess of an aggregate of 3,043 dwelling units.

The sewer impact fee credit calculation methodology shall be mutually agreed upon by the Riverpark Developers and the City Engineer prior to building permit issuance for any Additional Dwelling Units, and shall be based upon the calculation methodology used for the pre-payment of sewer impact fees utilized in the original Development Agreement dated August 27, 2002 and/or subsequent Development Agreement Amendments. Should the Riverpark Developers wish to apply additional credits for commercial square footage outside a given project area to offset the Supplemental Sewer Fee, adequate legal mechanisms shall be executed to the satisfaction of the Community Development Director to ensure the trade off in commercial square footage will be legally binding on the Riverpark Developers, their successors and assigns.

Notwithstanding any language in this agreement to the contrary, under no circumstances shall the 1085
6 Riverpark Developers be entitled to a refund of the fee credits or a transfer to a third party of the fee credits obtained pursuant to this Section. Riverpark Developers shall provide a deposit of $5,000.00 (five-thousand dollars) concurrent with submitting the first project to the City containing Additional Dwelling Units. This deposit is to be utilized to offset staff time costs at the hourly rates then in effect, for meetings, research, etc. related to the sewer and other fee credits. When requested by the City Engineer, the Riverpark Developers shall add funding from time to time if necessary to ensure adequate funding for anticipated staff time needs. Any excess funds remaining from this deposit will be refunded to the developer, without interest, when the City Engineer determines they are no longer needed.

Section 5. Miscellaneous Provisions.
(a) Entire Agreement. Except for the Development Agreement, which this Sixth Amendment amends, this Sixth Amendment represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the Parties with respect to the matters contained in this Sixth Amendment.
(b) Section Headings. The section headings contained in this Sixth Amendment are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
(c) Counterparts. This Sixth Amendment and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document.
(d) Waiver. No waiver of any provision of this Sixth Amendment shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
(e) Severability. If any term, covenant, condition or provision of this Sixth Amendment, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Sixth Amendment, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder. (f) No Reliance on Other Parties. All Parties to this Sixth Amendment declare that, prior to the execution of this Sixth Amendment, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Sixth Amendment and making the decision to execute it. The Parties each represent and acknowledge that in executing this Sixth Amendment, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to 1086
7 this Sixth Amendment or their respective legal counsel with regard to the subject matter, basis or effect of this Sixth Amendment.
(g) Construction. The provisions of this Sixth Amendment shall be liberally construed to effectuate its purpose. The language of this Sixth Amendment shall be construed according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Sixth Amendment and has had its legal counsel review it. Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural and vice versa.
(h) Successors and Assigns. This Sixth Amendment shall be binding on and shall inure to the benefit of the Parties and their respective legal representatives, successors and assigns. (i) Governing Law. The validity and interpretation of this Sixth Amendment shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws.
(j) Authorizations. Each party certifies and warrants that all individuals executing this Sixth Amendment and other related documents on its behalf have the capacity and have been duly authorized to do so. Each party shall also indemnify the other Parties to this Sixth Amendment and hold them harmless from any and all damages, costs, attorneys’ fees, and other expenses, if a signatory is not so authorized.
(k) Effective Date. After this Sixth Amendment has been signed by authorized representatives of each of the Parties hereto, this Sixth Amendment shall become effective on the date on which the ordinance approving this Sixth Amendment becomes operative under Government Code section 36937.
(l) Definitions. All terms not specifically defined in this Sixth Amendment shall have the meanings ascribed to them in the Development Agreement. (m) Impact of Sixth Amendment on Development Agreement. Unless otherwise specifically amended by this Sixth Amendment, all provisions of the Development Agreement, as previously amended, shall remain in full force.
(n) Interpretation of Developer. Each Riverpark Developer and its authorized successors and assigns shall be liable for and/or hold the rights, duties and obligations of the Development Agreement and this Sixth Amendment as they relate to the portion of the Site owned by such Riverpark Developer only. No Riverpark Developer nor its authorized successors or assigns shall be liable for the obligations under the Development Agreement or any amendments thereto as they relate to another portion of the Site not owned by such Riverpark Developer or such authorized successors or assigns, respectively.
(o) Recordation of this Sixth Amendment. Pursuant to Government Code Section 65868.5, the City Clerk shall record a copy of this Sixth Amendment with the Ventura County Recorder’s Office within ten (10) days after the mutual execution of this Sixth Amendment. 1087
8 IN WITNESS WHEREOF, the Parties to this Sixth Amendment have each executed this Sixth Amendment as of the date first written above.
[Signatures on following pages]
1088
9 THE CITY:

CITY OF OXNARD, a public body,
corporate and politic
Date:________________________ By:_________________________________ _____________________________,
Mayor
ATTEST:

By:______________________________
___________
City Clerk
APPROVED AS TO FORM:

By:______________________________
Stephen Fischer
City Attorney
[Signatures continued on next page]
1089
10 RIVERPARK COMMERCIAL AREA DEVELOPERS:

SOCM I, LLC,
a Delaware limited liability company
By: Shea Properties Management Company, Inc.,
a Delaware corporation,
its manager
By:

Name:

Title:

By:

Name:

Title:

RIVERPARK LANDING, LLC.
a Delaware limited liability company
By: Shea Properties Management Company, Inc.,
a Delaware corporation,
its manager
By:

Name:

Title:

By:

Name:

Title:
[signatures continued on next page]
1090
11 RIVERPARK POINTE, LLC,
a Delaware limited liability company
By: Shea Properties Management Company, Inc.,
a Delaware corporation,
its manager
By:

Name:

Title:

By:

Name:

Title:
[signatures continued on next page]
1091
12 OAKMONT OF RIVERPARK LLC,
a California limited liability company
By:

Name:

Title:

SUNFLOWER, LP,
a California limited partnership
By: Jazzy, LLC,
a California limited liability company,
its General Partner
By:

Name:

Title:

By:

Name:

Title:
1092
Notary

STATE OF CALIFORNIA )
) ss:

COUNTY OF )
On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
1093
Exhibit A-1
EXHIBIT A-1
SOCMI’S PROPERTY
(attached)
1094

LEGAL DESCRIPTION SHOWN HEREON CORRESPONDS TO FIRST AMERICAN TITLE INSURANCE COMPANY PRELIMINARY TITLE REPORT NO. OSA-5711776 (29), DATED MAY 16, 2018.

REAL PROPERTY IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A:

LOT 2 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-11 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122442-0 OF OFFICIAL RECORDS AND BEING A PORTION OF LOT 15 OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-035
LOT 1 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 14-310-003 RECORDED DECEMBER 08, 2014 AS INSTRUMENT NO. 20141208-00153552-0 OF OFFICIAL RECORDS AND BEING A PORTION OF LOT 13 OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-105 AND 132-0-311-165
PARCEL B:

LOT 1 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-7 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122443-0 AND RERECORDED APRIL 19, 2010 AS INSTRUMENT NO. 20100419-00057737-0 AND RERECORDED MAY 11, 2010 AS INSTRUMENT NO. 20100511-00070517- 0, ALL OF OFFICIAL RECORDS AND BEING PORTIONS OF LOTS 14 AND 15 OF TRACT 5352-1 IN THE CITY

OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1095

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-055
LOT 2 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-7 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122443-0 AND RERECORDED APRIL 19, 2010 AS INSTRUMENT NO. 20100419-00057737-0 AND RERECORDED MAY 11, 2010 AS INSTRUMENT NO. 20100511-00070517- 0, ALL OF OFFICIAL RECORDS AND BEING A PORTION OF LOT 15 OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-045
LOT 3 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-7 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122443-0 AND RERECORDED APRIL 19, 2010 AS INSTRUMENT NO. 20100419-00057737-0 AND RERECORDED MAY 11, 2010 AS INSTRUMENT NO. 20100511-00070517- 0, ALL OF OFFICIAL RECORDS AND BEING PORTION OF LOT 10 OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-125
PARCEL C:

LOT 1 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-8 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122444-0 AND RERECORDED APRIL 19, 2010 AS INSTRUMENT NO. 20100419-00057738-0, BOTH OF OFFICIAL RECORDS AND BEING PORTIONS OF LOTS 9 AND 10 OF 1096
TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-115
LOT 2 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-8 RECORDED AUGUST 11, 2008 AS INSTRUMENT NO. 20080811-00122444-0 AND RERECORDED APRIL 19, 2010 AS INSTRUMENT NO. 20100419-00057738-0, BOTH OF OFFICIAL RECORDS AND BEING PORTIONS OF LOTS 9 AND 13 OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: 132-0-311-135
PARCEL D:

PARCEL "B" OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 08-310-13, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA RECORDED MAY 29, 2009 AS INSTRUMENT NO 20090529-00087845-0 OF OFFICIAL RECORDS BEING A PORTION OF EL RIO DRIVE AS DESCRIBED IN THE QUITCLAIM DEED RECORDED OCTOBER 29, 2007 AS INSTRUMENT NO. 20071029-00201173-0 OF OFFICIAL RECORDS.

APN: 132-0-311-085 AND 132-0-311-095
PARCEL E:

LOT 2 OF CERTIFICATE OF APPROVAL FOR LOT LINE ADJUSTMENT NO. 14-310-003 RECORDED DECEMBER 08, 2014 AS INSTRUMENT NO. 20141208-00153552-0 OF OFFICIAL RECORDS, BEING PORTIONS OF LOTS 9, 10, 13, 14, 15 AND MOONLIGHT PARK AVENUE, FORMERLY MOSS LANDING BOULEVARD OF TRACT 5352-1 IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 150, PAGES 76 THROUGH 92, INCLUSIVE OF MISCELLANEOUS

RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING A PORTION 1097

OF EL RIO DRIVE AND A PORTION OF OXNARD BOULEVARD AS DESCRIBED IN THE QUITCLAIM DEED RECORDED OCTOBER 29, 2007 AS INSTRUMENT NO. 20071029-00201173-0 OF OFFICIAL RECORDS.

EXCEPTING THEREFROM ALL OILS, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE AND SUBSURFACE AS RESERVED IN DEEDS RECORDED JUNE 16, 1954 IN BOOK 1209, PAGE 182; DECEMBER 21, 1954 IN BOOK 1252, PAGE 429; BOOK 4723, PAGE 472 AND DECEMBER 3, 1986 AS INSTRUMENT NOS. 86-175822, 86-175823, 86-175824, 86-175827 AND 86-175828 ALL OF OFFICIAL RECORDS.

APN: ALL OF 132-0-311-015 AND PORTION OF 132-0-311-175
PARCEL F:

NONEXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND PARKING PURSUANT TO THAT CERTAIN

OPERATION AND EASEMENT AGREEMENT BY AND BETWEEN TARGET CORPORATION, A MINNESOTA

CORPORATION AND RIVERPARK COLLECTION, LLC, A DELAWARE LIMITED LIABILITY COMPANY DATED JUNE 30, 2010 AND RECORDED ON JULY 02, 2010 AS INSTRUMENT NO. 20100702-00097705-0 OF OFFICIAL RECORDS.
1098
Exhibit A-2
EXHIBIT A-2
RIVERPARK POINTE’S PROPERTY
(attached)
1099
1100
1101
Exhibit A-3
EXHIBIT A-3
RIVERPARK LANDING’S PROPERTY
(attached)
1102
EXHIBIT A-3
RIVERPARK LANDING’S LEGAL DESCRIPTIONS
LOT 1
Lot 1 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

LOT 2
Lot 2 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

LOT 3
Lot 3 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

LOT 4
Lot 4 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

LOT 5
Lot 5 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

LOT 6
Lot 6 of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County.

COLLECTIVE
Lots 1 through 6, inclusive, of Tract No. 6004, in the City of Oxnard, County of Ventura, State of California, as shown on the map recorded in Book 168, Pages 43 to 51, inclusive, of Miscellaneous Records (Maps), in the office of the County Recorder, of said County. 1103
Exhibit A-4
EXHIBIT A-4
OAKMONT’S PROPERTY
(attached)
1104
EXHIBIT A-4

OAKMONT SENIOR LIVING
Lot 4 of Lot Line Adjustment LLA 17-310-05, in the City of Oxnard, County of Ventura, State of California, recorded May 26, 2017 as Document No. 20170526-00068773-0 of Official Records, in the office of the County Recorder, of said County. 1105
Exhibit A-5
EXHIBIT A-5
SUNFLOWER’S PROPERTY
(attached)
1106
1107
1108
1109
1110
Exhibit B

EXHIBIT B

LIST OF EXEMPTED OR MODIFIED FEES

UNDER DEVELOPMENT AGREEMENT
(attached)
1111
FEE ASSUMPTIONS FOR RESIDENTIAL USE -- USING CITY OF OXNARD FEES HANDOUT DATED SEPT 24, 2018

PLANNING FEES
Traffic Impact Fees - 2018 Fee Handout LOCK 2018
Air Quality Fee -- 2108 Fee Handout LOCK 2018
Sewer Treatment Fee -- 2018 Fee Handout
LOCK 2018 &
CREDIT
Water System Connection Fee LOCK 2018
Storm Drainage Fees WAIVED
Growth Development Fee
LOCK 2018 &
CREDIT
Parks Acquisition & Development Tax WAIVED
General Plan Maintenance Fee LOCK 2018

OTHER PLANNING FEES
Undergrounding of Utility Lines N/A
Quimby WAIVED
Public Art Program CREDIT DA Approval - Collection provided over $2 million in public art Affordable Housing Fees Including Affordable Units in Project otherwise $7,735 per unit Mobility Fee CREDIT
Rio School District Fees (letter on file at City)
Oxnard Union High School Fee $ 1.42
Pursuant to School Facilities Mitigation Agreement Between The Rio School District, Riverpark A, LLC and Riverpark B, LLC (10/15/2002) -- RENTABLE SF
DA Amendment No 5, Section 3 (ii) Exempt through end of DA term DA Section 9.0 - Exempt through end of DA term
DA Amendment No 5, Section 3 (ii) Exempt through end of DA term DA Section 7.0 - Exempt through end of DA term
P. 29 Air Quality 2018 from City of Oxnard.

P. 30 0.24% of Building permit valuation.

P. 29 Lines are already underground.

P. 27 $4745 per unit p. 26 Oxnard City fees
DA Section 6.0 - Exempt through end of DA term
DA Section 5.5 - Exempt through end of DA term
DA Section 5.4 - Exempt through end of DA term
P. 24 Based on meter size
H:\Development\LA-Ventura\Projects\Riverpark\Apartments\permits and fees\FEE WORKSHEET FOR USE AS EXHIBIT TO 5TH AMEND v7 1112
FEE ASSUMPTIONS FOR RESIDENTIAL USE -- USING CITY OF OXNARD FEES HANDOUT DATED SEPT 24, 2018

PLANNING FEES
Traffic Impact Fees - 2018 Fee Handout LOCK 2018
Air Quality Fee -- 2108 Fee Handout LOCK 2018
Sewer Treatment Fee -- 2018 Fee Handout
LOCK 2018 &
CREDIT
Water System Connection Fee LOCK 2018
Storm Drainage Fees WAIVED
Growth Development Fee
LOCK 2018 &
CREDIT
Parks Acquisition & Development Tax WAIVED
General Plan Maintenance Fee LOCK 2018

OTHER PLANNING FEES
Undergrounding of Utility Lines N/A
Quimby WAIVED
Public Art Program CREDIT DA Approval - Collection provided over $2 million in public art Affordable Housing Fees Including Affordable Units in Project otherwise $7,735 per unit Mobility Fee CREDIT
Rio School District Fees (letter on file at City)
Oxnard Union High School Fee $ 1.42
P. 29 Air Quality 2018 from City of Oxnard.

P. 30 0.24% of Building permit valuation.

P. 29 Lines are already underground.

P. 27 $4745 per unit p. 26 Oxnard City fees
DA Section 6.0 - Exempt through end of DA term
DA Section 5.5 - Exempt through end of DA term
DA Section 5.4 - Exempt through end of DA term
P. 24 Based on meter size
Pursuant to School Facilities Mitigation Agreement Between The Rio School District, Riverpark A, LLC and Riverpark B, LLC (10/15/2002) -- RENTABLE SF
DA Amendment No 5, Section 3 (ii) Exempt through end of DA term DA Section 9.0 - Exempt through end of DA term
DA Amendment No 5, Section 3 (ii) Exempt through end of DA term DA Section 7.0 - Exempt through end of DA term
H:\Development\LA-Ventura\Projects\Riverpark\Apartments\permits and fees\FEE WORKSHEET FOR USE AS EXHIBIT TO 5TH AMEND v7 1113

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. ___________

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 7113 (PLANNING AND ZONING PERMIT NO. 20-670- 03) AND CERTIFYING ADDENDUM NO. 15 TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 00-03 FOR THE RIVERPARK SPECIFIC PLAN. THE PROJECT SITE IS LOCATED AT 2700 AND 2750 NORTH VENTURA ROAD (APN 132-0-100-095 & 132-0-100-085). FILED BY JONATHAN K.

CORNELIUS OF FORE PROPERTY, 1004 SANTA BARBARA STREET,
SANTA BARBARA , CA 93101.

WHEREAS, on September 10, 2002 the City Council approved the entitlements for The RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, On November 18, 2008, the City Council adopted Ordinance No. 2787, approving Planning and Zoning Permit No. 08-670-03 (Development Agreement No. A-7113) between the owners of the Project site and the City of Oxnard; and WHEREAS, On November 9, 2010, the City Council adopted the first Development Agreement Amendment which maintained development fees at certain levels for an extended period of time, based on market conditions at the time; and
WHEREAS, in July 2002 the City Council certified Final Environmental Impact Report (FEIR) No. 2000-03 (State Clearinghouse No. 2000051046) and adopted a Statement of Overriding Considerations. The FEIR was prepared to analyze potential impacts associated with the approval and the implementation of The RiverPark Specific Plan and the anticipated build out of the 702-acre specific plan site. The FEIR No. 00-03 found four areas of significant impacts (Earth ResourcesMineral Resources, Water Quality, Agricultural Resources, and Cultural Resources-Historical Resources); and
WHEREAS, an EIR Addendum was prepared to summarize the site specific technical clarifications with respect to the following impact analysis areas associated with the proposed SPA and Development Agreement Amendment (DAA) Land Use, Aesthetic, Earth Resources, Biological Resources, Water Resources, Transportation and Circulation, Agricultural Resources, Air Quality, Noise, Public Schools, Fire Protection, Police Protection, Parks and Recreation, Solid Waste Management, Library Services, Stormwater Drainage, Water Supply and Distribution, Wastewater Service, Entergy, Cultural Resources, Hazards, Wildfire, and Tribal Cultural Resources. The EIR Addendum concluded that no additional significant impacts were identified in Addendum No. 15 prepared for this Project, nor would the Project substantially increase the severity of previously anticipated significant impacts. No additional mitigation measures are required; and WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) has considered an application for Planning and Zoning Permit No. 20-670-03 (“Project”), a second amendment to Development Agreement No. A-7113 (Development Agreement) between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OXNARD COASTAL INVESTMENTS, LLC, a California limited liability company and VENTURA LAND 1114
Ordinance No. ________
Fore Property Development Agreement Amendment No. 2 (PZ 20-670-03) City Council Hearing Date: March 15, 2022

DEVELOPMENT COMPANY, LLC, a California limited liability company (collectively referred to “Applicant” or “Developer” in the record of proceedings) for the development of the Fore Property; and
WHEREAS, the Second Development Agreement Amendment (DAA) shall allow for a time extension, impact fee modifications, define future affordable housing requirements, and off-site maintenance requirements. The proposed changes are set forth in Exhibit A to this Ordinance; and WHEREAS, on December 16, 2021, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement Amendment (PZ 20-670-03) in accordance with Section 16-575 of the Oxnard City Code; and WHEREAS, the Planning Commission, after due study, deliberation and a duly noticed public hearing on December 16, 2021, and after it received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, found that the project meets the criteria set out in California Government Code 65864 through 65869.5; and WHEREAS, pursuant to CEQA Guidelines §15164, the Commission considered Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on the Project; and
WHEREAS, the Planning Commission adopted Resolution 2021-50 recommending that the City Council approve Planning & Zoning Permit No. 20-670-03 (Development Agreement Amendment) with the requirement that the property owner enter into a Project Labor Agreement before the development of the Fore Property proceeds; and WHEREAS, on March 15, 2022, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the request to approve Planning and Zoning Permit No. 20-670- 03 (Development Agreement Amendment), both as originally negotiated with the Applicant and as recommended by the Planning Commission in accordance with the OCC; and WHEREAS, the City Council received written and verbal comments from the public; and WHEREAS, pursuant to CEQA Guidelines §15164, the City Council considered Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on the Project; and
WHEREAS, in accordance with Section 15164 of the California Code of Regulations, the City Council has determined that minor changes are proposed to the project for which an FEIR was previously certified; and that an Addendum is the appropriate environmental document to evaluate the minor changes in the Project, and has prepared an Addendum thereto because the proposed changes to the original Specific Plan and DA would not result in any new additional significant impacts, nor would they substantially increase the severity of previously anticipated significant impacts. The City Council has determined that there is no substantial evidence that the Project 1115
Ordinance No. ________
Fore Property Development Agreement Amendment No. 2 (PZ 20-670-03) City Council Hearing Date: March 15, 2022

would result in new or substantially more severe impacts than those identified in FEIR No. 00-03.

Rather, all of the impacts associated with the Project are within the envelope of impacts addressed in the Certified FEIR and do not constitute a new or substantially increased significant impact.

Accordingly, none of the conditions that trigger the need to prepare a subsequent Environmental Impact Report pursuant to CEQA Guidelines § 15162 would occur; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement Amendment is consistent with the 2030 General Plan; and WHEREAS, the pursuit of the Development Agreement Amendment is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and welfare of the public by providing housing opportunities for the residents of the City of Oxnard; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:

1. As outlined in Section 6(b) and Attachment E of the Planning Commission Staff report dated December 16, 2021, the proposed Development Agreement Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As outlined in Section 6(d) of the Planning Commission Staff report dated December 16, 2021, the proposed Development Agreement Amendment is a logical refinement and internally consistent with the adopted Fore Development Agreement; and

3. As determined in the Addendum to FEIR No. 00-03, the proposed Development Agreement Amendment will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare;

4. As outlined in Section 6(c - d) of the Planning Commission Staff report dated December 16, 2021, the proposed Development Agreement in association with the RiverPark Specific Plan Amendment conforms to adopted City standards and constitutes good City planning.

WHEREAS, the Applicant agrees that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this Ordinance or any actions or proceedings, acts or determinations taken, done or made before the approval of this Ordinance that were part of the approval process.

NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Fore Property Development Agreement 1116
Ordinance No. ________
Fore Property Development Agreement Amendment No. 2 (PZ 20-670-03) City Council Hearing Date: March 15, 2022

Amendment is internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The City Council finds that the Fore Property Development Agreement Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project site associated with the Fore Property Development Agreement Amendment is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the development that would be authorized for the project site by the proposed Fore Property Development Agreement Amendment is the best use for the subject project site.

SECTION 6. The City Council determines that the Fore Property Development Agreement Amendment is in the best interests and welfare of the City and its residents.

SECTION 7. In approving this ordinance for the Fore Property Development Agreement, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Addendum No. 15 to FEIR No. 00-03, and Subsequent Addendums was considered by the City Council at the public hearing for the RiverPark Specific Plan Amendment and Development Agreement Amendment. The Addendum to the FEIR No. 00-03 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. The Addendum is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to the MND are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent environmental impact report pursuant to CEQA Guidelines § 15162 and 15163. With implementation of the FEIR No. 00-03 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 20-670-03 (Amendment No. 2 to Development Agreement No. A - 7113) to amend the Development Agreement pursuant to Exhibit A, without the recommended action of the Planning Commission, hereto attached.

SECTION 9. Planning and Zoning Permit No. 20-670-03 (Amendment No. 2 to Development Agreement No. A - 7113) is approved to amend the Development Agreement pursuant to Exhibit A, without the recommended action of the Planning Commission, hereto 1117
Ordinance No. ________
Fore Property Development Agreement Amendment No. 2 (PZ 20-670-03) City Council Hearing Date: March 15, 2022

attached.

SECTION 10. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance; and
SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on March 15, 2022, and finally adopted on ______, 20__ to become effective thirty days thereafter.

PASSED and ADOPTED this _______ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1118
Ordinance No. ________
Fore Property Development Agreement Amendment No. 2 (PZ 20-670-03) City Council Hearing Date: March 15, 2022

EXHIBIT A

SECOND DEVELOPMENT AGREEMENT TEXT
1119

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attn: City Clerk
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the “Second Amendment”) is made in Ventura County, California as of ___________________, 202__, by and between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OXNARD COASTAL INVESTMENTS, LLC, a California limited liability company and VENTURA LAND DEVELOPMENT COMPANY, LLC, a California limited liability company (collectively, “Developer”).

RECITALS
A. Developer is the successor in interest to the owner of that certain real property located in the City and more particularly described in Exhibit 1 attached hereto (“Property”). The Property is located within the boundaries of the City’s RiverPark Specific Plan.

B. The City and the prior owner of the Property entered into that certain Development Agreement dated as of November 18, 2008, and which was recorded against the Property on December 1, 2008, as Instrument No. 20081201-00172496-0 in the Ventura County Recorder’s Office and rerecorded against the Property on December 17, 2008, as Instrument No. 20081217-00180417-0 in the Ventura County Recorder’s Office (the “Original Development Agreement”), as amended by that certain First Amendment to Development Agreement dated as of November 9, 2010, and recorded against the Property on January 6, 2011, as Instrument No. 20110106-00003776-0 in the Ventura County Recorder’s Office (the “First Amendment to Development Agreement”). The Original Development Agreement as amended by the First Amendment to Development Agreement, together with any extensions or amendments approved administratively, are referred to herein collectively as the “Development Agreement.”
C. As of the date of this Second Amendment, Developer is in full compliance with the terms, conditions, and obligations of the Development Agreement, as amended. 1120
2 D. The City has recently adopted updated development impact fees (the “2020 Development Impact Fees”) related to the installation of public infrastructure to accommodate future development planned to occur in the City. The bulk of the development within the RiverPark Specific Plan Area has already occurred. In conjunction with such development, the public infrastructure associated with and necessary for the development of the RiverPark Specific Plan has already been constructed.

E. Developer and the City intend hereby to amend the Development Agreement to establish a mechanism for the payment of certain 2020 Development Impact Fees that are to be applied within the RiverPark Specific Plan area as described below.

F. Developer and the City each desire to obtain the agreement of one another to the provisions of the Development Agreement, as amended by this Second Amendment.

G. On December 16, 2021, the Planning Commission held a duly noticed public hearing wherein the Planning Commission reviewed this Second Amendment.

H. On March 15, 2022, the City Council held a duly noticed public hearing on this Second Amendment in accordance with Government Code Section 65868.

I. The City Council has given notice of its intention to consider this Second Amendment, has conducted public hearings thereon pursuant to the relevant portions of the Government Code, and has found that the provisions of this Second Amendment are consistent with the City’s General Plan, City zoning ordinances, and the RiverPark Specific Plan, as amended. The City Council has also specifically considered the impacts and benefits of this Second Amendment upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Second Amendment is beneficial to the residents of the City and is consistent with the present public health, safety, and welfare needs of the residents of the City and the surrounding region.

J. The City has determined that the actions to be taken pursuant to this Second Amendment will not result in environmental impacts which are new or substantially changed from those already analyzed and addressed in the RiverPark FEIR and subsequent addenda, and, therefore has determined that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the CEQA Guidelines exists and therefore has determined, in accordance Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report, Negative Declaration or Mitigated Negative Declaration is required to be prepared prior to adopting the Ordinance approving this Second Amendment.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Second Amendment by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Developer agree as follows:
1121
3 Section 1. Extension of the Term of the Development Agreement.

The term of the Development Agreement, and in particular Section 2 of the Original Development Agreement, is hereby amended to extend such term through and including July 1, 2028.

Therefore, the first sentence of Section 2 of the Original Development Agreement is hereby amended and replaced as follows: “This Agreement shall become operative and commence upon the Effective Date and shall remain in effect through and including July 1, 2028, unless the term is modified by mutual written consent of the City and the Developer.”
Section 2. Application of 2020 Development Impact Fees and Credits Thereon.

In light of the public infrastructure already constructed in conjunction with development on the Project, the City agrees that through July 1, 2028, the maximum amount of any traffic impact fees assessed shall be limited to the rate in effect immediately prior to the City’s adoption of the 2020 Development Impact Fees, which are reflected on the City’s fee chart dated as of September 24, 2018.

The City further agrees that the 2020 Development Impact Fees related to the Park Development Fee shall not apply to the Project.

In lieu of the 2020 Development Impact Fees related to the Mobility Fee, the RiverPark Commercial Area Developers shall pay an alternative Mobility Fee based on the project density. Based on the average density of the added residential units of 1.71 persons per residential unit, the alternative Mobility Fee for the Multi-Family residential would be $1,347.05 per unit. Credits for the reasonable cost of design, engineering, land and construction costs of the public bicycle and pedestrian facilities constructed as part of the buildout of the RiverPark Specific Plan area, not otherwise used to offset mobility fees or other required fees which have already been credited, shall be granted for the alternative Mobility Fee on a first-come, first-served basis among all developers in the RiverPark Specific Plan area. Under no circumstances shall Developer be entitled to a refund of the fee credits or a transfer to a third party (i.e., an entity that does not qualify as Developer or permitted assignee under this Agreement) of the fee credits obtained pursuant to this Section. Developer is not guaranteed that any credits will still be available at the time of the imposition of any fees. Developer shall provide all funding necessary for a mutually agreed upon third party consultant to verify all costs used to obtain fee credits.

The City acknowledges that, as specified in the RiverPark Specific Plan, the Project includes public recreation and open space areas, including parks, trails and other open spaces (collectively, the “Public Recreation Areas”). The City acknowledges that the value of such Public Recreation Areas exceed the Quimby Fees under Government Code Section 66477 and that the City would otherwise be entitled to impose on the Project and that no Quimby Fees or other park-related fees shall be due from Developer in connection with any portion of the Project. This waiver of payment of current and future City Quimby Fees and park-related fees shall remain in effect for the term of this Agreement, including any extensions thereof, or until the initial buildout of the Project occurs, whichever term is longer.

In lieu of the 2020 Development Impact Fees related to the Growth Requirement Capital Fee (aka Growth Development Fee), Developer shall pay an alternative Growth Requirement Capital Fee based on the project density. Based on the average density of the added residential units of 1.65 persons per residential unit, the Growth Requirement Capital Fee for the Multi1122 4 Family residential would be $2,290 per unit, in full satisfaction of the City’s growth development requirements and Resolution Numbers 10,275, 10,996 and 12,975.

Further, the City acknowledges that Developer shall have the option of either: (i) paying a public art fee in the amount of $0.28 per square foot of the roofed area per building, or (ii) providing art onsite equal in value to the public art fee amount set forth in clause (i) above, in full satisfaction of the City’s public art requirements and City Council Resolution 14,124. Developer shall maintain public art installations on the Property in perpetuity, if installed.

Further, Section 6 of the Development Agreement shall be deleted in its entirety and replaced with the following:
“6. Project’s Payment of Development Impact and Capital Fees. Except as modified by this Second Amendment, Developer shall pay all development impact and capital fees applicable to the Project at such time and in such manner as is provided in the Development Fees document from the City with an effective date of September 24, 2018. Such existing fees shall be fixed for the term of this Second Amendment. The Existing Fees shall consist of those development impact and capital fees in existence as of September 24, 2018, including but not limited to Sewer Connection Fees, Water System Connection Fes, Water Service and Meter Charges, Storm Drain Fees, Traffic Impact Fees, Undergrounding of Overhead Utility Lines, and Air Quality Impact Fees.

The Existing Fees shall only include such fees that are retained by the City and not paid to another governmental agency, and that offset or reimburse the City for the increased impacts on the City’s public improvements due to development. Any increase in any fee applicable to such Project shall only be applicable to the Project to the extent that any such fee increase is applied consistently and proportionately in accordance with applicable law.”
Section 3. Future Affordable Housing.

The City’s Affordable Housing Ordinance (Ordinance 2980) requires that residential projects containing more than ten (10) units shall provide ten percent (10%) of the total number of units as affordable units, with half being affordable to persons of lower income and half being affordable to persons of very low income; however, the City’s Affordable Housing Ordinance does not apply to new housing projects located in areas subject to a specific plan adopted by the City that requires such projects to provide as many or more affordable units for lower and very low income persons and families as the City’s Affordable Housing Ordinance. The City and Developer have agreed to an alternative affordable housing program for the Property subject to this Second Amendment. In lieu of the ten percent (10%) requirement under the City’s Affordable Housing Ordinance stated above, all new residential projects developed on the Property after the date of this Second Amendment containing ten or more dwelling units to be offered for rent shall include a number of dwelling units equal to not less than fifteen percent (15%) of the total number of dwelling units in the project offered for rent at the following levels: five percent (5%) shall be rented at an affordable rent to persons and families of very-low income, five percent (5%) shall be rented at an affordable rent to persons and families of lower income, and five percent (5%) shall be rented at an affordable rent to persons and families of 1123
5 moderate income, as defined in California Health and Safety Code Sections 50105, 50079.5, 50093, respectively. Upon certificate of occupancy of the for-rent Affordable Housing Units for Very Low, Low and Moderate Income Households each such units shall be rented at rents that are Affordable to Very Low, Low, or Moderate Income Households for a period of fifty-five (55) years. Such units shall otherwise comply with the requirements in the City’s Affordable Housing Ordinance. For Moderate Income units, however, the maximum affordable rent shall be calculated as defined in Health and Safety Code 50053(b)(5).

Section 4. Expiration of Town Center Development Agreement.

The City and Developer acknowledge the existence of a "Development Agreement/Oxnard Town Center Project" ("Town Center Development Agreement"), which was entered into between the City and Warmington-Semler Partners, and recorded on October 2, 1986 as Instrument No. 86-137015 in the Ventura County Recorder’s Office. The Town Center Development Agreement is an encumbrance against the Property. The City acknowledges and agrees that the Town Center Development Agreement has expired by its terms and is no longer in force and effect. Further, the City acknowledges and agrees that the Town Center Development Agreement has been superseded and replaced by the Development Agreement. The City agrees to take appropriate steps to release the Town Center Development Agreement from the Property.

Section 5. Maintenance Agreement for Access Road with Caltrans.

Developer agrees to enter into a maintenance agreement for the access drive and road located just north of the US 101 (Ventura Freeway) and to the East of Ventura Boulevard (“Access Road”) with the City (the “Maintenance Agreement”). The Maintenance Agreement will be entered into after Developer or its assignee secures entitlements for that certain project known as “Fore Riverpark” that is currently pending before the City.

Section 6. Miscellaneous Provisions.
(a) Entire Agreement. Except for the Development Agreement, which this Second Amendment amends, this Second Amendment represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Second Amendment. (b) Section Headings. The section headings contained in this Second Amendment are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
(c) Counterparts. This Second Amendment and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document.
(d) Waiver. No waiver of any provision of this Second Amendment shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
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6 (e) Severability. If any term, covenant, condition or provision of this Second Amendment, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Second Amendment, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder.
(f) No Reliance on Other Parties. All parties to this Second Amendment declare that, prior to the execution of this Second Amendment, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Second Amendment and making the decision to execute it. The parties hereto each represent and acknowledge that in executing this Second Amendment, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to this Second Amendment or their respective legal counsel with regard to the subject matter, basis or effect of this Second Amendment.
(g) Construction. The provisions of this Second Amendment shall be liberally construed to effectuate its purpose. The language of this Second Amendment shall be construed according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Second Amendment and has had its legal counsel review it. Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural and vice versa.
(h) Successors and Assigns. This Second Amendment shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns. (i) Governing Law. The validity and interpretation of this Second Amendment shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws.
(j) Authorizations. Each party certifies and warrants that all individuals executing this Second Amendment and other related documents on its behalf have the capacity and have been duly authorized to do so. Each party shall also indemnify the other parties to this Second Amendment and hold them harmless from any and all damages, costs, attorneys’ fees, and other expenses, if a signatory is not so authorized.
(k) Effective Date. After this Second Amendment has been signed by authorized representatives of each of the parties hereto, this Second Amendment shall become effective on the date on which the ordinance approving this Second Amendment becomes operative under Government Code Section 36937.
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7 (l) Definitions. All terms not specifically defined in this Second Amendment shall have the meanings ascribed to them in the Development Agreement. (m) Impact of Second Amendment on Development Agreement. Unless otherwise specifically amended by this Second Amendment, all provisions of the Development Agreement, as previously amended, shall remain in full force.
(n) Intentionally Omitted.
(o) Recordation of this Second Amendment. Pursuant to Government Code Section 65868.5, the City Clerk shall record a copy of this Second Amendment with the Ventura County Recorder’s Office within ten (10) days after the mutual execution of this Second Amendment.

IN WITNESS WHEREOF, the parties to this Second Amendment have each executed this Second Amendment as of the date first written above.
[Signatures on following pages]
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8 THE CITY:

CITY OF OXNARD, a public body,
corporate and politic
Date:________________________ By:_________________________________ _____________________________,
Mayor
ATTEST:

By:______________________________
___________
City Clerk
APPROVED AS TO FORM:

By:______________________________
Stephen Fischer
City Attorney
[Signatures continue on next page]
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9 DEVELOPER:

OXNARD COASTAL INVESTMENTS, LLC,
a California limited liability company
By: ______________________________
Name: ______________________________
Title: _______________________________

VENTURA LAND DEVELOPMENT COMPANY,
a California limited liability company
By: ______________________________
Name: ______________________________
Title: _______________________________
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Notary

STATE OF CALIFORNIA )
) ss:

COUNTY OF )
On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only the
identity of the individual who signed the
document to which this certificate is
attached, and not the truthfulness, accuracy,
or validity of that document.
1129
2 STATE OF CALIFORNIA )
) ss:

COUNTY OF )
On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only the
identity of the individual who signed the
document to which this certificate is
attached, and not the truthfulness, accuracy,
or validity of that document.
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3 STATE OF CALIFORNIA )
) ss:

COUNTY OF )
On __ _________, 2022 before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only the
identity of the individual who signed the
document to which this certificate is
attached, and not the truthfulness, accuracy,
or validity of that document.
1131
Exhibit 1
EXHIBIT 1

THE PROPERTY
All that certain real property situated in the County of Ventura, State of California, described as follows:

LOTS 8 AND 9 OF TRACT NO. 4334, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 114, PAGES 62 TO 66 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS,

OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER THE PROPERTY HEREIN

DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE THEREOF OR WITHIN OR WITHIN 500 FEET BENEATH THE SURFACE THEREOF AS RESERVED IN THE DEED RECORDED IN BOOK 4723, PAGE 472 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL THE OIL, GAS, OTHER HYDROCARBON

SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, WITHOUT, HOWEVER THE RIGHT TO ENTER ON THE SURFACE THEREOF OR WITHIN 500 FEET BENEATH THE SURFACE THEREOF AS RESERVED IN THE DEEDS RECORDED DECEMBER 3, 1986 AS INSTRUMENT NO. 86- 175822 THROUGH 86-175828, OF OFFICIAL RECORDS.

Assessor’s Parcel Number: 132-0-100-085 & 132-0-100-095 1132
2 1133
ILLUSTRATIVE CONCEPT 1
280 UNITS
4-STORY

TYPE-V WRAP
222 UNITS
5-STORY

TYPE-III WRAP
190 UNITS
5-STORY

TYPE-III WRAP
1134
exhibit
August 27, 2002
prepared for

RTKL / EDSA / CRAIN AND ASSOCIATES /
RiverPark Development, LLC by AC Martin Partners

WILLIAM HEZMALHALCH ARCHITECTS
with
/ HUITT-ZOLLARS

2.B LAND USE PLAN: PERMITTED USES
update through 3/2012
0RGL¿HGLQ
SPA 2015
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RiverPark Specific Plan Amendment &
RiverPark and Fore Property Development
Agreement Amendments
1 City Council
March 15, 2022
Planning and Zoning Permit (PZ) Nos.
20-630-01 (Seventh Amendment to the RiverPark Specific Plan), 20-670-04 (Sixth Development Agreement Amendment), and
20-670-03 (Second Development Agreement Amendment)
Applicants: Ann Walsh, Shea Properties, and Jonathan K. Cornelius of Fore Property Joe Pearson II, Senior Planner
Scott Kolwitz, Planning and Environmental Services Manager Vyto Adomaitis, Director of Community Development
1136

1. Project Location

2. Background

3. Project Description & Environmental Review

4. Planning Commission Meetings and Recommendations

5. Project Labor Agreement

6. District D & Housing Element Consistency

7. Staff Recommendation

8. Options Before the City Council
Presentation Components
2 1137
Project Location
3 Subject Site: RiverPark
Location: The 702-acre RPSP site is located
in the western portion of Ventura County, in
the northwestern edge of the City of Oxnard.

Fore Location: This project site is located at
2700 and 2750 North Ventura Road,
southwesterly of the intersection of North
Ventura Road and Town Center Drive, within
the RPSP Area.
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General Plan & Zoning
General Plan Land Use Designations Zoning Designations
4 1139
General Plan Consistency
5 • RiverPark is located within the North
Oxnard Transit Enhancement District
(NOTED) Urban Village as defined in the
2030 General Plan.
• 1,025 housing units identified in
RiverPark in the 2021-2029 Housing
Element.
• 8,549 housing units in the City's Regional
Housing Needs Allocation (RHNA).
9,427 housing unit capacity identified in
the Housing Element.
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Background - RiverPark Specific Plan
6 • The RPSP was adopted by the City Council on September 10, 2002:
○ The original plan allowed for the development of 2,805 dwelling units and 2,485,000 square feet of commercial development.
○ The current adopted plan allows for the development of 3,043 dwelling units and 2,098,000 square feet of commercial development.
○ Follows the design principles of the New Urbanism and Smart Growth movements. • Six previous RPSP Amendments have been approved:

1. PZ 02-630-05 on October 22, 2002

2. PZ 03-630-03 on July 27, 2004

3. PZ 09-630-09 on April 14, 2009

4. PZ 10-630-02 on June 14, 2011

5. PZ 09-630-03 on June 5, 2012

6. PZ 18-630-01 on February 19, 2019
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Background - Development Agreement (RiverPark)
7 • On September 10, 2002, the City Council adopted Ordinance No. 2605, approving Planning and Zoning Permit No. 01-5-46 (Development Agreement No. A-6128) between the owners of the RiverPark Project and the City of Oxnard.
• Five previous RPDA Amendments have been approved.

1. December 14, 2004

2. July 16, 2007

3. October 5, 2010

4. July 5, 2012

5. December 10, 2013
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Background - Development Agreement (Fore Property)
8 • On November 18, 2008, the City Council adopted Ordinance No. 2787, approving Planning and Zoning Permit No. 08-670-03 (Development Agreement No. A-7113) between the owners of the Project site and the City of Oxnard. • The Fore Property Development Agreement (DA) has been amended on one previous occasion November 9, 2010
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Project Description - RPSPA (PZ 20-630-01)
• A request for text and map amendments to the RiverPark Specific Plan to:
○ Introduce a new high density land use designation within Planning Districts B, C, and D (Residential: Very High (30-80 units/acre));
○ Create a new development type (Apartments - Urban);
○ Revise planning area boundaries;
○ Update the Land Use Table; and
○ Update exhibits for consistency with proposed changes. • Allows for the option to develop up to 1,025 additional residential units under the Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential.
• No physical development is proposed with this request. Any future development must comply with the 2030 General Plan, the RPSP, applicable development standards, and is subject to compliance with the State California Environmental Quality Act (CEQA) Guidelines.
9 1144
Project Description - RPSPA (PZ 20-630-01)
10 Residential Option Development Scenarios
Scenario
Additional Residential
Units
Reduction in Commercial
Development (sq.ft)
Districts B, C & D 1,025 -562,457
Districts B & C 613 -336,377
Districts C & D 692 -379,727
Districts B & D 745 -408,810
District Ba 333 -182,730
District Cb280 -153,647
District Dc 412 -226,080
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Project Description - RPDAA (PZ 20-670-04)
11 • The proposed RiverPark Development Agreement Amendment (RPDAA) will allow for:
○ Extend term of RPDAA to October 10, 2027.
○ Set applicable impact fees at the rates effective September 24, 2018 for the term of the RPDAA, except as otherwise modified.
○ Reconcognize existing waiver of storm drain fees.
○ Reconcognize existing credit to Quimby Fee Credit and provide waiver for future Quimby and Park-related Fees.
○ Reconcognize existing waiver of sewer fees, for commercial development and provide credit toward proposed residential.
○ Reconcognize existing credit and set Growth Fees at the rates effective September 24, 2018 for the term of the RPDAA.
○ Set the Traffic Impact Fee at the rate in effect September 24, 2018 for the term of the RPDAA.
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Project Description - RPDAA (PZ 20-670-04)
12 • Proposed Changes Continued:
○ Adjust Mobility Fee based on proposed development populations and provide credit toward new Mobility Fee, based on credit for existing bicycle and pedestrian facilities constructed as part of the buildout of the RiverPark Specific Plan. ○ Provide credit toward Public Art Fee for existing art in the Collection. ○ Set 15% affordable housing requirements for additional units. • The RPDAA covers the commercial properties within Districts C and D. 1147
Project Description - FPDAA (PZ 20-670-03)
13 • The proposed Fore Property Development Agreement Amendment (FPDAA) will allow for:
○ Extend the term of DA for a period of approximately five and a half (5.5) years to July 1, 2028.
○ Set applicable impact fees at the rates effective September 24, 2018 for the term of the FPDAA, except as otherwise modified.
○ Waive future Quimby and Park-related Fees.
○ Adjust Growth Fee based on proposed development populations. ○ Set the Traffic Impact Fee at the rate in effect September 24, 2018 for the term of the FPDAA.
○ Set the Drainage Impact Fee at the rate in effect September 24, 2018 for the term of the FPDAA.
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Project Description - FPDAA (PZ 20-670-03)
14 • Proposed Changes Continued:
○ Adjust Mobility Fee based on proposed development populations and Provide credit toward new Mobility Fee, based on credit for existing bicycle and pedestrian facilities constructed as part of the buildout of the RiverPark Specific Plan. ○ Allow for the payment of public art fees or the provision of public art onsite. ○ Set 15% affordable housing requirements for additional units. ○ Maintenance Agreement for Access Road with Caltrans.
• The FPDAA only pertains to the Properties identified in the RiverPark Specific Plan (RPSP) District B and does not cover the rest of the RPSP Area. 1149
Environmental Review
• Addendum No. 15 to the approved FEIR No. 00-03 evaluated the potential environmental impacts of the proposed Project consistent with the requirements of the California Environmental Quality Act (CEQA). • The Addendum evaluated each of the development options. • The Addendum for the Project analyzed the changes between the original project and the proposed project options.
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Environmental Review
• Key Issue Area (Traffic)
16 Average
Daily Trips
AM Peak
Hour
PM Peak
Hour
Original RPSP 82,366 4,710 7,749
Proposed RPSP
Amendment 73,057 4,932 6,987
Total Change
-9,309
(-11.3%)
222
(+4.7%)
-762
(-9.8%)
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Environmental Review (Continued)
• Addendum concludes that that Project would not result in new or substantially more severe impacts than those identified in the prior EIR, with the incorporation of the previously identified mitigations. • The mitigations will be applicable to any future projects developed under the RPSP.
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December 16, 2021 Planning Commission
• At the hearing Staff’s recommendation was that the Commission recommend approval of the project requests as presented to the City Council. • The Commission made a motion of intent recommending removal of potential residential development within District D from the RPSPA and continued the project to a date certain of January 13, 2022. No changes were requested to the proposed RPDAA (PZ 20-670-04).
• The Commission made a motion recommending approval of the FPDAA (PZ 20-670-03) to the City Council with the requirement that the property owner enter into a Project Labor Agreement before the development of the Fore Property proceeds.
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January 13, 2022 Planning Commission
• The Commission made a motion recommending removal of potential residential development within District D from the Specific Plan Amendment request and recommending approval to the City Council with the requirement that the property owner enter into a Project Labor Agreement before the development of the RiverPark proceeds.
• No changes were requested to the Addendum to Final Environmental Impact Report No. 00-03.
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Project Labor Agreement
20 • A Project Labor Agreement, or PLA, is a collective bargaining agreement executed prior to the beginning of a construction project or group of construction projects.
• A PLA typically require workers to have membership in certain trade unions, and can include language establishing:

1. Uniform work conditions;

2. Hiring procedures;

3. Wages and benefits;

4. Management rights;

5. Labor dispute;

6. Procedures to prevent work stoppages; and

7. Agreement to adhere to existing Master Labor Agreements (MLAs) for the trades subject to the PLA.
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Planning Commission Recommendation - Removal of District D 21 The primary Planning Commission concerns were related to:
● Loss of Existing Parking.
● Existing parking issues within the Collection and on adjacent streets. ● Impact on events within the Collection.
● The loss of some of the commercial development (including retail) uses within the Collection
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Removal of District D
22 Without the Residential: Very High land use
designation in District D, 412 residential units
would not be allowed within District D but
additional commercial would continue to be
allowed.
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Allowed Location of Housing in District D
231158
Illustrative Concept Plan
24 In response to concerns raised by the
Commission due to the lack of clarity
on the future development the
Applicant team prepared a concept
plan. ● No commercial proposed to be
removed.
● Parking replaced within proposed
parking structure.
● No further impacts on the
parking on the adjacent streets.
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Public Notice
• Community Workshop workshop held August 17, 2020
• Planning Commission Meeting held December 16, 2021 and January 13, 2022 • Notice of City Council hearing was provided:
• Newspaper,
• On-site posting; and
• Mailed to property owners within RiverPark and within 300 feet of RiverPark. A total of 5,740 mailed notes were sent.
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City Council Options

1. Applicant’s Original Request - Staff Recommendation - a. Allowing residential development in RPSP Districts B, C, and D totaling a maximum of 1,025 additional units.
b. No PLA would be required by the City for future development.

2. Reduced Specific Plan Amendment Alternative -
a. Allowing residential development in RPSP Districts B and C totaling a maximum of 613 additional units.
b. No PLA would be required by the City for future development.

3. Planning Commission Recommendation -
a. Allowing residential development in RPSP Districts B and C totaling a maximum of 613 additional units,
b. PLAs would be required by the City for future development. 261161
Staff Recommendation - Option 1 - Applicants’ Original Request Allowing residential development in RPSP Districts B, C, and D totaling a maximum of 1,025 additional units. No PLA would be required by the City for future development:
a) Certify an Addendum to FEIR No. 00-03; and
b) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 2 to the RiverPark Specific Plan) for map and text amendments to the RiverPark Specific Plan (“Specific Plan”), subject to certain findings; and c) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) for the RiverPark Specific Plan, subject to certain findings; and
d) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.
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Option 2 – Reduced Specific Plan Amendment Alternative
Allowing residential development in RPSP Districts B and C totaling a maximum of 613 additional units. No PLA would be required by the City for future development:
a) Certify an Addendum to FEIR No. 00-03; and
b) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 2 to the RiverPark Specific Plan) for map and text amendments to the RiverPark Specific Plan (“Specific Plan”), subject to certain findings; and c) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) for the RiverPark Specific Plan, subject to certain findings; and
d) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.
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Option 3 – Planning Commission Recommendation
Allowing residential development in RPSP Districts B and C totaling a maximum of 613 additional units, subject to the Applicants first entering into PLA. a) Provide direction to City staff to negotiate new language in both the in the Fore Property Development Agreement Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) and the RiverPark Development Agreement Amendment Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) that requires the Applicants to enter into Project Labor Agreements for their respective properties prior to the issuance of building permits within District B and District C; and
b) Continue the item to a date uncertain for consideration of the Development Agreement Amendments, Specific Plan Amendments, and certify an environmental document. 291164
Questions
30 1165