65402.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
SECTION 1 . The Planning Commission, in accordance with Section 21065 of the California Environmental Quality Act (CEQA), finds that its determination of whether the City’s proposed acquisition of the access road is consistent with the Oxnard 2030 General Plan is not a “Project” for purposes of CEQA and State CEQA Guidelines since the determination does not result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(5).
SECTION 2 . Based on the findings set forth herein, and on the entire record before the Planning Commission and all written and oral evidence presented, including the Planning Commission Staff Report and all attachments thereto, the Planning Commission hereby determines that the proposed City’s acquisition of the subject property is in conformity with the Oxnard 2030 General Plan.
SECTION 3 . The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 2nd day of June 2022.
Daniel Chavez Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 2nd day of June, 2022, and carried by the following vote:
AYES: Commissioner(s):
NOES: Commissioner(s):
ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Joe Pearson II, Secretary
490
RESOLUTION NO. 2022-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD DETERMINING THAT THE CITY OF OXNARD’S PROPOSED VACATION OF A UTILITY EASEMENT LOCATED AT 2700/2750 VENTURA ROAD IS IN CONFORMANCE WITH THE OXNARD 2030 GENERAL PLAN PURSUANT TO SECTION 65402 OF THE GOVERNMENT CODE. FILED BY JONATHAN K. CORNELIUS OF FORE PROPERTY, 1004 SANTA BARBARA STREET, SANTA BARBARA, CA 93101.
WHEREAS, The Fore Property ( “Applicant” ) submitted a request for the vacation of a utility easements located at 2700/2750 Ventura Road (the “Property” ), as shown in Exhibit 1 of this resolution, and incorporated by reference; and
WHEREAS, The City of Oxnard is the owner of record of the utility easement; and WHEREAS, The 2030 General Plan in a comprehensive, long term plan that guides land use and physical development of land within the City of Oxnard and provides policy direction regarding land uses that are intended to serve the community; and WHEREAS, Whenever a public agency proposes to acquire, dispose, vacate or abandon any real property, California Government Code Section 65402 requires a report on conformity with the General Plan; and
WHEREAS, The subject property is designated Commercial Regional (CR) by the City’s 2030 General Plan and is zoned RiverPark Specific Plan (RPSP); and WHEREAS, On May 23, 2022, the City of Oxnard Community Development Director approved a Development Design Review Permit (PZ 19-200-16) for the Fore Apartments at RiverPark Project, including a California Environmental Quality Act (CEQA) review for the physical development, and made findings of General Plan Consistency for the project at that time; and
WHEREAS, The vacation of this easement, as documented in the staff report, would be consistent General Plan policies regarding the use of the sites and would not adversely impact General Plan policies related to the provision of adequate utilities, with the roadway dedication; and
WHEREAS, The vacation of this easement and the ultimate use of the parcel for residential use is consistent with the land use designation on the subject site. Future use of the parcel will be required to comply with all City codes and regulations; and
WHEREAS, on June 2, 2022, the Planning Commission considered the proposed vacation of real property located at 2700/2750 Ventura Road in light of the Oxnard 2030 General Plan and the requirements of Government Code section 65402.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
491
Planning Commission Resolution No. 2022–25;
PZ No. 22-625-01; 2700/2750 Ventura Road Easement Vacation General Plan Conformity June 2, 2022
SECTION 1 . The Planning Commission, in accordance with Section 21065 of the California Environmental Quality Act (CEQA), finds that its determination of whether the City’s proposed vacation of these easements is consistent with the Oxnard 2030 General Plan is not a “Project” for purposes of CEQA and State CEQA Guidelines since the determination does not result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(5).
SECTION 2 . Based on the findings set forth herein, and on the entire record before the Planning Commission and all written and oral evidence presented, including the Planning Commission Staff Report and all attachments thereto, the Planning Commission hereby determines that the proposed City’s vacation of the subject easement is in conformity with the Oxnard 2030 General Plan.
SECTION 3 . The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 2nd day of June 2022.
Daniel Chavez Jr., Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 2nd day of June, 2022, and carried by the following vote:
AYES: Commissioner(s):
NOES: Commissioner(s):
ABSENT: Commissioner(s):
ABSTAIN: Commissioner(s):
RECUSED: Commissioner(s):
Joe Pearson II, Secretary
492
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE AND TAKE ALL NEEDED ACTIONS IN CONSULTATION WITH
CITY ATTORNEY RELATIVE TO ENTERING INTO A STATE HIGHWAY
RELINQUISHMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE CITY OF OXNARD’S
PROPOSED ACQUISITION OF A EXISTING CALIFORNIA DEPARTMENT OF TRANSPORTATION ACCESS ROAD LOCATED DIRECTLY SOUTH OF 2700 VENTURA ROAD/901 TOWN CENTER DRIVE.
WHEREAS, The City of Oxnard made a request to the California Department of Transportation (Cal-Trans) for relinquishment of a approximately forty (40) foot wide Cal-Trans access road, totaling approximately 32,227 square feet (Access Road), to the City for use as an access road. The Access Road is located directly south of 2700 Ventura Road/901 Town Center Drive (the “Property” ); and
WHEREAS, The Cal-Trans is the owner of record of the access road; and WHEREAS, The subject property is a dedicated right-of-way and does not have a land use designation; and
WHEREAS, On May 23, 2022, the City of Oxnard Community Development Director approved a Development Design Review Permit (PZ 19-200-16) for the Fore Apartments at RiverPark Project, including a California Environmental Quality Act (CEQA) review for the physical development, and made findings of General Plan Consistency for the project at that time; and
WHEREAS, The acquisition of this access road, as documented in the staff report, would be consistent General Plan policies regarding the use of the sites and would be beneficial to General Plan policies related to the provision of adequate emergency access; and WHEREAS, The acquisition of this access road and the ultimate use of the road for service and emergency access is consistent with the right of way designation on the subject site.
Future use of the parcel will be required to comply with all City codes and regulations; and
WHEREAS, on June 2, 2022, the Planning Commission considered a proposed acquisition of real property located directly south of 2700 Ventura Road/901 Town Center Drive in light of the Oxnard 2030 General Plan and the requirements of Government Code section 65402; and
WHEREAS, in furtherance of the project the City Council desires to approve and authorize the City Manager or designee to execute a State Highway Relinquishment Agreement (“Relinquishment Agreement”) by and between the State of California, acting through its Department of Transportation, and the City of Oxnard. A draft of of the Relinquishment Agreement is provided in Exhibit A of this resolution, and incorporated by reference; and Attachment 5
493
City Council Resolution No._____
Cal-Trans Access Road Relinquishment Agreement
June 21, 2022
WHEREAS, the City Council hereby finds and declares that this Resolution is being adopted by the City pursuant to the powers granted to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:
SECTION 1 . The City Council hereby finds and declares that the above recitals are true and correct.
SECTION 2 . The City Council, pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed acquisition of the Access Road located south of 2700 Ventura Road/901 Town Center Drive, including the proposed agreements, would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3)). Environmental impacts associated with the development of the residential project were analyzed as part of the entitlement process, and the development and uses associated with the residential project were determined to be covered under the RiverPark EIR (FEIR 00-03) and subsequent addenda. Any subsequent improvement to the property will be separately examined in accordance with CEQA.
SECTION 3 . The City Council further approves and authorizes the City Manager or designee to take all needed actions and execute all requisite documents on behalf of the City in consultation with the City Attorney relative to the State Highway Relinquishment Agreement.
SECTION 4 . The Secretary shall certify the adoption of this Resolution.
PASSED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
494
City Council Resolution No._____
Cal-Trans Access Road Relinquishment Agreement
June 21, 2022
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
495
City Council Resolution No._____
Cal-Trans Access Road Relinquishment Agreement
June 21, 2022
EXHIBIT A
DRAFT STATE HIGHWAY RELINQUISHMENT AGREEMENT
496
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
STATE HIGHWAY
RELINQUISHMENT AGREEMENT
This AGREEMENT, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and City of Oxnard, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction.
2. CALTRANS intends to relinquish to CITY that portion of US 101 consisting of existing access road on north side of the freeway between Ventura Road and existing detention basin as shown in Exhibit A, which is attached to and made a part of this agreement, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on collateral facilities. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office.
3. Upon acceptance of RELINQUISHED FACILITIES, CITY will modify and improve RELINQUISHED FACILITIES by widening RELINQUISHED FACILITIES to 26 ft, installing fire hydrant and signs, constructing paved turnaround area beyond the 26 ft wide road, painting RELINQUISHED FACILITIES in red, hereinafter referred to as IMPROVEMENTS.
4. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair.
5. CALTRANS and CITY, collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished.
SECTION I
CITY AGREES :
1 497
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
1. Execution of this AGREEMENT constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73.
2. To accept ownership, including all of CALTRANS’s current obligations, rights, title, and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.
3. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Hazardous Waste Assessment (HWA), dated January 13, 2022, attached herein as Exhibit B. CITY has received and reviewed a copy of the above-referenced HWA. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials.
4. To maintain the access road in perpetuity, as CALTRANS will keep an unrestricted access easement in perpetuity; to widen the access road to a reasonable width; to restrict road’s use to only garbage trucks, emergency vehicles, and Caltrans.
SECTION II
CALTRANS AGREES :
1. To relinquish, upon the approval of the CTC’s Resolution of Relinquishment, the RELINQUISHED FACILITIES.
2. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording.
3. Upon CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information.
SECTION III
IT IS MUTUALLY AGREED :
1. All portions of this AGREEMENT, including the Recitals Section, are enforceable. 2 498
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
2. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC.
3. CALTRANS reserves the right to enter in perpetuity, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to access the existing gate at the entrance to the detention basin for any necessary maintenance of or improvements to the detention basin, to modify or add signage, drainage, and other improvements necessary for State Highway operations. Such access shall also be allowed for CALTRANS to service and maintain the existing bicycle/pedestrian lane bridge structure located along the northbound direction of US 101 and extending over the Santa Clara River. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS’ facilities retained in those RELINQUISHED FACILITIES.
4. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the HWA, dated January 13, 2022, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment.
5. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the HWA, dated January 13, 2022, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment.
6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 3 499
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
8. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto.
9. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder’s Office except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement.
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CITY OF OXNARD
Project Manager: Joe E. Pearson II, AICP, Senior Planner Phone Number: 805.385.8272
E-mail: [email protected]
Address: 214 South C Street, Oxnard, California 93030
CALTRANS
4 500
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
Project Manager: Khan Hossain, Chief, Office of Design C Phone Number: 213-703-2244
5 501
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
District Director
VERIFIED OF FUNDS & AUTHORITY:
By:
District Budget Manager
APPROVED AS TO FORM & PROCEDURE:
By:
Attorney
Department of Transportation
CERTIFIED AS TO FINANCIAL TERMS
& POLICIES:
By: ______________________________
HQ Accounting Supervisor
CITY OF OXNARD
By:
[Title]
Attest:
City Clerk
APPROVED AS TO FORM & PROCEDURE:
By:
Attorney
6 502
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
EXHIBIT - A – Relinquishment Map
7 503
7-VEN-101- 22.9/23.0
EA 07- 0Q960
Project ID 0722000028
Agreement No. 07-5241
City of Oxnard Agreement No. A-8482
EXHIBIT - B – Hazardous Waste Assessment: Relinquishment #1280 8 504
APN: ________________
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
_______________________
_______________________
_______________________
Attn: __________________
(Space Above for Recorder’s Use Only)
MAINTENANCE AGREEMENT FOR ACCESS ROAD
THIS MAINTENANCE AGREEMENT FOR ACCESS ROAD (“ Agreement ”) is made this ____ day of ________________, 2022, 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 owner of that certain real property located in the City and more particularly described in Exhibit A attached hereto (the “Fore Riverpark Property”).
B. The City is the owner of that certain real property located in the City and more particularly described in Exhibit B attached hereto (the “Fire Access Road Property”).
C. The City and the prior owner of Developer entered into that certain Development Agreement dated as of November 18, 2008, recorded against the Fore Riverpark Property on December 1, 2008, as Instrument No. 20081201-00172496-0 in the Ventura County Recorder’s Office and re-recorded on December 17, 2008, as Instrument No. 20081217-00180417-0, as amended (the “Development Agreement”).
D. Pursuant to certain terms of the Development Agreement, Developer agreed to enter into a maintenance agreement relating to the access road located on the Access Road Property following final approval of entitlements for the Fore Riverpark Property. This Agreement establishes the terms of the maintenance obligations relating to such Fire Access Road Property.
NOW, THEREFORE, IN CONSIDERATION of the foregoing facts, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the City agree as follows:
1 Attachment 6
Agreement No.A-8481
505
1. Maintenance Covenants . Developer agrees to maintain the access road, including the guard rails and the fences along the access road and the gate erected on the Fore Riverpark Property in good order, condition and repair (including making necessary repairs, replacements and renewals) in accordance with prudent industry standards or as may be required by any applicable governmental authority, including the following standards:
(a) Minimum width of 26-feet;
(b) Minimum vertical clearance of 13 foot 6 inches;
(c) The driving surface shall be concrete or asphalt capable of supporting 76,000 pounds;
(d) Grass, Grasscrete or other paver type surfaces are not allowed; (e) Any gates along the fire access road shall be electric with Click-2-Enter radio access; and
(f) The design shall include red-curbing, pavement marking, signage, and striping to ensure that the entire width of the roadway be unobstructed at all times for fire access. Placement and staging of unpermitted structures and items within the fire access roadway are strictly prohibited.
Maintenance and resurfacing of the Access Road Property shall adhere to a City-approved maintenance schedule, shown in Exhibit C , that may include landscaping upkeep, weed removal and prevention, seal coating, slurry seal, and grind and overlay over the life of the pavement and reconstruction. Developer shall perform additional maintenance on an as-needed basis to maintain the integrity of the pavement. Use of the access road shall be limited to garbage trucks, emergency vehicles, the City of Oxnard, and the California Department of Transportation.
Developer shall keep the Access Road Property free and clear of all liens and encumbrances and shall promptly discharge and remove any lien arising from Developer or its agents or contractors activities on the Fire Access Road Property.
2. Failure to Maintain . If Developer fails to fulfill the maintenance obligations set forth in Section 1 in a timely and reasonable manner, the City may so notify Developer. The notice shall be in writing and shall set forth with specificity, the maintenance that was not performed. Within ten (10) days after delivery of such written notice, Developer and the City shall meet and confer in good faith to establish reasonable maintenance standards or measures for Developer to implement. If Developer has not fulfilled its maintenance obligation in accordance with the established maintenance standards within thirty (30) days after such conference (or, if the maintenance obligation cannot be fulfilled within thirty (30) days, Developer has failed to commence implementing maintenance in accordance with such standards or thereafter does not diligently complete such maintenance), the City shall have the right, but not the obligation, to perform the required maintenance pursuant to the terms of this Agreement.
To the extent the City exercises such right, it shall deliver at least fifteen (15) days’ prior written notice to the Developer of the exercise of the City’s right under this Agreement to complete the maintenance required of Developer, and, following the completion of that work, the City shall deliver an invoice to Developer for the costs and expenses reasonably incurred in performing such maintenance. Developer shall reimburse the City within thirty (30) days after receipt of the invoice. All such costs and expenses not reimbursed when due shall bear interest at the rate of six percent (6%) per annum from the date due until the date paid. 2 506
3. Successors and Assigns . This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.
4. Nature and Purpose of Covenants . The covenants set forth in this Agreement constitute a general scheme for the development, protection and maintenance of the Fore Riverpark Property and the Fire Access Road Property for the benefit of all owners. Said covenants are for the benefit of both properties and shall bind all owners thereof.
5. Covenants Running With the Land . Each covenant contained in this Agreement is a covenant running with the land, binding upon and inuring to the benefit of each heir, assignee and successor-in-interest of Developer as the owner of all or any portion of the Fore Riverpark Property, and the term "Developer," as used herein, shall be deemed to include such heirs, assigns and successors-in-interest. Each deed or conveyance of all or any portion of the Fore Riverpark Property, or any interest therein, shall expressly reference and be subject to all the provisions of this Agreement.
6. Further Assurances . The parties hereto covenant and agree to perform such further acts and execute such further applications or documents that either party shall reasonably request or which may be required in order to maintain and repair the Fire Access Road Property.
7. Governing Law . The laws of the State of California shall govern the construction, validity, performance and effect of this Agreement, without regard to conflicts of laws principles.
8. Severability . If any term, covenant, or condition of this Agreement, of any application thereof, shall be held by a court of competent jurisdiction to be void, invalid or unenforceable, all terms, covenants and conditions of this agreement, and any applications thereof, not held invalid, void or unenforceable, shall continue in full force and effect, and shall in no way be affected, impaired or invalidated thereby.
9. Miscellaneous . This Agreement may only be amended by a document executed by the parties hereto (or their successors and assigns) and duly recorded in the Official Records of Ventura County, State of California. In any action to enforce its rights hereunder, the prevailing party or parties shall be entitled to reasonable attorney’s fees and costs of suit from the non-prevailing party or parties. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument.
[SIGNATURE PAGES FOLLOW]
3 507
IN WITNESS WHEREOF, the undersigned have executed this Reciprocal Fire Access Road Easement as of the date first set forth above.
THE CITY:
CITY OF OXNARD,
a public body, corporate and politic
By:__________________________
Name: _______________________,
Title: ________________________
Date: ______________________
ATTEST:
By:______________________________
City Clerk
APPROVED AS TO FORM:
By:______________________________
Stephen Fischer, City Attorney
[Signatures continue on next page]
4 508
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: _______________________________
5 509
STATE OF CALIFORNIA )
) ss:
COUNTY OF ) On __ _________, 2021 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]
510
STATE OF CALIFORNIA )
) ss:
COUNTY OF ) On __ _________, 2021 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]
511
STATE OF CALIFORNIA )
) ss:
COUNTY OF ) On __ _________, 2021 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]
512
STATE OF CALIFORNIA )
) ss:
COUNTY OF ) On __ _________, 2021 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]
513
EXHIBIT A
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 & 132-0-100-095 514
EXHIBIT B
FIRE ACCESS ROAD PROPERTY
515
EXHIBIT C
CITY APPROVED MAINTENANCE SCHEDULE
Pavement Maintenance
The treatments listed in Table 1, below, are generalized to provide a range of treatments.
Typical treatments within each generalized treatment range are listed in Table 2 below. The exact treatment would be determined by the City of Oxnard Public Works Director during the design phase of the project. The City of Oxnard Public Works Director shall also have the authority to waive or delay treatments, should the City, at its sole discretion, determine treatment is not warranted. The Developer shall also perform additional maintenance on an as-needed basis, pursuant to table 2 above, to maintain the integrity of the pavement. The roadway shall be evaluated using the PCI prior to all treatments.
Table 1
Treatment Type Treatment Required Timeframe
Crack and Surface Treatment Light Maintenance (Cat. I) Every nine (9) years Restoration Treatment Light Rehabilitation After every three (3) Crack and Surface Treatments
Table 2
PCI*
Breakpoints
PCI*
Range
Treatment
Category
Typical Treatments
I 70-90 Light Maintenance Slurry Seal or Micro-Surface Fog Seal or Scrub Seal
II (Non-Load) 50-70 Light Maintenance Chip Seal, Cape Seal Slurry Seal or Micro-Surface with Digouts
Thin Maintenance Overlay (TMO)
III (Load) Heavy Maintenance Overlay (2” and under) or Thin Mill and Fill IV 25-50 Light Rehabilitation Overlay (greater than 2”) or Thick Mill and Fill
Cold-In-Place Recycling
Full Depth Reclamation
Pulverize and Resurfacing
V 0-25 Reconstruction Full Section Reconstruction
*PCI - Pavement Condition Index - A rating scale for the condition of a road segment. 516
Landscape Maintenance
General Landscape Maintenance including landscaping upkeep, tree maintenance, and weed removal and prevention shall occur no less than every thirty (30) days. All landscaping shall be maintained by the Developer per the City approved landscape plan for the term of this agreement.
517
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.________
A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF OXNARD DECLARING AN INTENTION TO V ACATE A THIRTY-EIGHT (38) FOOT WIDE UTILITY EASEMENT, TOTALING APPROXIMATELY 33,409
SQUARE FEET, ALONG THE FRONTAGE OF THE TWO PARCELS LOCATED AT 2700 AND 2750 NORTH VENTURA ROAD, AND DIRECTING THE CITY
CLERK TO SET A TIME AND PLACE FOR A PUBLIC HEARING PURSUANT TO CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS
CODE FOR THE CITY COUNCIL TO CONSIDER THE PROPOSED EASEMENT V ACATION. THE PROJECT APPLICATION WAS FILED BY JONATHAN K.
CORNELIUS OF FORE PROPERTY , 1004 SANTA BARBARA STREET, SANTA BARBARA, CA 93101, ON BEHALF OF THE PROPERTY OWNER OXNARD
COASTAL INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY AND VENTURA LAND DEVELOPMENT COMPANY , LLC, A CALIFORNIA LIMITED LIABILITY COMPANY .
WHEREAS, The Fore Property (“Applicant”) submitted a request for the vacation of a utility easements located at 2700/2750 Ventura Road (the “Property”), as shown in Exhibit A of this resolution, and incorporated by reference; and
WHEREAS, The City of Oxnard is the owner of record of the utility easement; and WHEREAS, The 2030 General Plan in a comprehensive, long term plan that guides land use and physical development of land within the City of Oxnard and provides policy direction regarding land uses that are intended to serve the community; and WHEREAS, Whenever a public agency proposes to acquire, dispose, vacate or abandon any real property, California Government Code Section 65402 requires a report on conformity with the General Plan; and
WHEREAS, The subject property is designated Commercial Regional (CR) by the City’s 2030 General Plan and is zoned RiverPark Specific Plan (RPSP); and WHEREAS, On May 23, 2022, the City of Oxnard Community Development Director approved a Development Design Review Permit (PZ 19-200-16) for the Fore Apartments at RiverPark Project, including a California Environmental Quality Act (CEQA) review for the physical development, and made findings of General Plan Consistency for the project at that time; and
WHEREAS, The vacation of this easement, as documented in the staff report, would be consistent General Plan policies regarding the use of the sites and would not adversely impact General Plan policies related to the provision of adequate utilities, with the roadway dedication; and
Attachment 7
518
Resolution No. _____
June 21, 2022
WHEREAS, The vacation of this easement and the ultimate use of the parcel for residential use is consistent with the land use designation on the subject site. Future use of the parcel will be required to comply with all City codes and regulations; and WHEREAS, the Planning Commission of the Oxnard reviewed the vacation request at its regular meeting of June 2, 2022 in accordance with Government Code section 65402 and determined that the vacation is consistent with the goals and policies of the City’s adopted General Plan and recommended that the City Council consider and approve the easement vacation request.
WHEREAS, on June 21, 2022, the City Council of the City of Oxnard reviewed the easement vacation request in accordance with the general vacation procedures contained in the Streets and Highways Code Section 8320 and adopted a resolution to declare its intention to vacate the subject easement. The City Council set the request for a public hearing on Tuesday, July 26, 2022 at 6:00 p.m. at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:
SECTION 1 . The City Council, pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), finds that it can be seen with certainty that there is no possibility that the proposed vacation of the thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3).
SECTION 2 . That it is the intention of the City Council of the City of Oxnard to vacate thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road (APN 132-0-100-095 & 132-0-100-085), and that the City Council hereby directs the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday, January 4, 2022, at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.
At this hearing, all interested parties may introduce evidence and testimony pertaining to the proposed street vacation.
SECTION 3 . The map attached hereto as Exhibit “A” shows the approximate area to be vacated and shall be on file in the office of the City Clerk located at 300 West Third Street, Fourth Floor, Oxnard, California 93030.
SECTION 4 . The City Clerk shall schedule and notice a public hearing in compliance with Streets and Highway Code sections 8320, 8322 and 8323, at which time all persons interested in or objecting to the proposed vacation may be heard and present evidence. 519
Resolution No. _____
June 21, 2022
SECTION 5. The City Clerk’s office is directed to publish and post notice of this proposed vacation in accordance with sections 8322 and 8323 of the California Streets and Highways Code.
SECTION 6 . The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Oxnard on this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
John Zaragoza, Mayor
ATTEST: ________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
EXHIBIT
A Map of Utility Easement
520
521
522
Cal-Trans Access Road Acquisition
Agreements & Utility Easement Vacation
1 City Council
June 21, 2022
Joe Pearson II, Principal Planner
Vyto Adomaitis, Director of Community Development
523
1. Relinquishment Agreement to Accept Cal-Trans Access Road
2. Maintenance Agreement for the Maintenance of the Acquired Access Road
3. Vacation of Utility Easement
4. Environmental Review
Summary of Requests
2 524
Project Location (Access Road)
3 Subject Site: South of 2700 Ventura Road/901
T own Center Drive
Located within RiverPark Area
525
Project Location (Utility Easement)
4 Subject Site: 2700/2750 Ventura Road
Located within RiverPark Area
526
Background
● The RiverPark Specific Plan was adopted by the City Council on September 10, 2002.
● Seven previous amendments to the RiverPark Specific Plan have been approved. The most recent was approved on April 5, 2022. The current specific plan would allow for up to 4,068 dwelling units or 2,098,000 square feet of commercial development depending on the development options chosen.
5 527
Background (Continued)
6 ● 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 Development Agreement (DA) has been amended on two previous occasions, with the most recent approved on April 5, 2022. ● Under the most recent amendment the property owners agreed to enter into a maintenance agreement for the access drive and road located just north of Highway 101 and to the East of Ventura Road with the City of Oxnard.
6 528
7 • On May 23, 2022, the Community Development Director approved a Development Design Review Permit for the construction of a 409,257 square foot 5-story apartment building with 333 residential units and a 171,066 square foot 6-story centrally located parking structure with 510 residential parking spaces, rooftop deck on a 4.23-acre project site. 7 Background (Continued)
529
Planning Commission Determination
Government Code Section 65402, requires that real property acquisition or disposition, street vacation or abandonment, public building or structure construction be consistent with the General Plan and Local Coastal Land Use Plan as to location, purpose and extent.
• On June 2, 2022, The Planning Commission held a public hearing consistent with Government Code Section 65402 and found the R.O.W acquisition and easement vacation consistent with the 2030 General Plan. • Unanimously (6-0) adopted Resolutions 2022-25 and 2022-26:
- Finding both actions in conformance with the 2030 General Plan. 8 530
Project Description (Access Road Acquisition)
• Enter into a Relinquishment
Agreement with Cal-Trans for
the acquisition of a access road.
• Enter into a Maintenance
Agreement with the property
owners of 2700 and 2750 North
Ventura Road to transfer the
maintenance of the Access Road
to the property owners.
9 531
Access Road
• Currently provided access to an
existing detention basin and an
existing pedestrian overcrossing.
• Would provide emergency and
service acces to Fore Development
and Oakmont Development.
• Phase I Initial Site Assessment (ISA)
and Phase 2 Environmental Site
Assessment (ESA).
10 532
Purpose of Agreements
• State Highway Relinquishment Agreement
- The proposed Relinquishment Agreement between Cal-Trans and the City of Oxnard, would allow for the transfer of Access Road to the City and lays out the requirements for the transfer.
• Maintenance Agreement For Access Road
- The proposed Maintenance Agreement between the property owners of 2700 and 2750 North Ventura Road and the City of Oxnard, would transfer the maintenance of the Access Road to the property owners of 2700 and 2750 North Ventura Road.
11 533
Project Description (Easement Vacation)
• Vacation of a thirty-eight (38)
foot wide utility easement,
totaling approximately 33,409
square feet, along the frontage
of the two parcels located at
2700 and 2750 North Ventura
Road.
12 12
534
General Plan & Zoning Maps (Utility Easement)
13 Commercial Regional (CR)
General Plan Land Use Designation Zoning Designation
RiverPark Specific Plan (RPSP)
535
Purpose of Easement Vacation
• The Vacation would facilitate the development of the Fore Apartments at RiverPark project.
• As the Fore Apartments at RiverPark project is conditioned to provide a 16-foot Public Right-of-Way dedication, there will be sufficient spaces provided for the placement of public utilities within the new and existing Public Right of Way.
• The vacation was reviewed by the City staff as part of the Fore Apartment at RiverPark project and the easement was found to no longer be needed, with the new dedication.
14 536
Environmental Determination
Environmental Determination
Pursuant to California Environmental Quality Act, it can be seen with certainty that there is no possibility that the proposed acquisition of the Access Road located south of 2700 Ventura Road/901 T own Center Drive, including the proposed agreements, and the vacation of the thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3), and staff recommends that the City Council accept a Notice of Exemption.
All physical improvements and environmental impacts associated with the development of the residential project, including the improvements to adjacent access road were analyzed as part of the entitlement process, and the development and uses associated with the residential project were determined to be covered under the RiverPark EIR (FEIR 00-03) and subsequent addenda.
15 15
537
Staff Recommendation
That the City Council:
1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).
2. Authorize the City Manager or designee be given authority to finalize the negotiations and to execute an Maintenance Agreement For Access Road (Agreement Number A-8481) by and between City of Oxnard, a municipal corporation of the State of California and Oxnard Coastal Investments, LLC, a California limited liability company and Ventura Land Development Company, LLC, a California limited liability company; and
3. Adopt a Resolution authorizing the City Manager or designee be given authority to finalize the negotiations and to execute an State Highway Relinquishment Agreement (Agreement Number A-8482) by and between the State of California, acting through its Department of Transportation, and the City of Oxnard; and 16 16
538
Staff Recommendation (Continued)
That the City Council:
4. Adopt Resolution declaring its intention to vacate its right, title and interest in a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road an direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on T uesday, July 26, 2022 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.
17 17
539
18 540