Agenda packet — Oxnard City Council, December 6, 2022 (part 9 of 9)

WHEREAS, Final EIR No. 22-01 was mailed to commenting agencies, organizations and individuals and made available for public review on or before October 10, 2022; and WHEREAS, on October 20, 2022, the Planning Commission of the City of Oxnard conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the Final EIR, and voted to certify the Final EIR, approve the Findings of Fact, and approve the Mitigation Monitoring and Reporting Program; and WHEREAS, on November 7, 2022, the Appellant filed an appeal of the decision of the Planning Commission to certify Final EIR No. 22-01, approve the Findings of Fact, and approve the Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council of the City of Oxnard has thoroughly considered Final Environmental Impact Report No. 22-01 (State Clearinghouse No. 2020069039) (the “EIR”) for the Port of Hueneme - Temporary Outdoor Vehicle Storage Project, which has been prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, on December 6, 2022, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the Applicant’s request to certify Final EIR No. 22-01, approve the Findings of Fact, and approve the Mitigation Monitoring and Reporting Program; and
WHEREAS, the comments of the Councilmembers, agencies, interested groups, and members of the public have received adequate responses.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:

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

1. Certifies that Final Environmental Impact Report No. 22-01 is adequate and was completed in compliance with CEQA and the State CEQA Guidelines and reflects the City of Oxnard’s independent judgment and analysis.

2. That the City Council has been presented with all of the information described in the Recitals and Final EIR 22-01 and has considered this information prior to adopting this Resolution.

3. Approves the Findings of Fact in satisfaction of State CEQA Guidelines Section 15091, which are attached hereto as Exhibit A and incorporated herein by reference

4. Approves the Mitigation Monitoring and Reporting Program contained in the Final EIR in satisfaction of State CEQA Guidelines Section 15091(d), which is attached hereto as Exhibit B and incorporated herein by reference.

SECTION 2. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that after implementation of standard conditions and mitigation 1268
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measures identified in the Final EIR, all potentially significant impacts associated with the proposed project would be reduced to less than significant levels. The Planning & Environmental Services Manager is hereby authorized to file a Notice of Determination with the Ventura County Clerk pursuant to Section 15094 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION 3. The decision of the City Council shall be final.

SECTION 4. The City Clerk shall certify the adoption of this Resolution. 1269
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PASSED, AND ADOPTED by the City Council of the City of Oxnard on this 6th day of December 2022, by the following vote:.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

FINDINGS OF FACT
PORT OF HUENEME – TEMPORARY OUTDOOR

VEHICLE STORAGE FACILITY PROJECT

ENVIRONMENTAL IMPACT REPORT
SCH No. 2020069039

CITY OF OXNARD
214 South C Street
Oxnard, California 93030
September 2022
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Table of Contents
Volume I PAGE NO.

1.0 Introduction ..........................................................................................................................1

1.1 Purpose...................................................................................................................................... 1

1.1.1 Custodian and Location of Records .............................................................................2

1.2 Project Description .................................................................................................................... 2

1.2.1 Project Objectives........................................................................................................3

1.2.2 Discretionary Actions...................................................................................................3

2.0 CEQA Findings of Independent Judgement..............................................................................5

2.1 Independent Review and Analysis............................................................................................. 5

2.2 Summary of Impacts.................................................................................................................. 5

2.3 Impacts Determined to Be Less Than Significant with Mitigation............................................. 6

2.3.1 Aesthetics.....................................................................................................................6

2.3.2 Biological Resources ....................................................................................................7

2.3.3 Cultural and Tribal Cultural Resources.........................................................................9

2.3.4 Geology and Soils.......................................................................................................12

2.3.5 Noise ..........................................................................................................................13

2.3.6 Police Protection........................................................................................................14

2.3.7 Transportation ...........................................................................................................14

3.0 Findings on Project Alternatives...........................................................................................17

3.1 Alternatives Considered and Eliminated During the Scoping/Project Planning Process.........17

3.2 Alternatives Selected for Further Analysis ..............................................................................19

3.2.1 Alternative One: No Project Alternative....................................................................19

3.2.2 Alternative Two: Two Existing Off-Port Vehicle Storage Locations...........................20

3.2.3 Alternative Three: Existing Zoning .............................................................................21

3.2.4 Environmentally Superior Alternative .......................................................................22

4.0 General CEQA Findings.........................................................................................................25

4.1 Findings Regarding Recirculation ............................................................................................25

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1.0 INTRODUCTION
These Findings of Fact (Findings) for the Port of Hueneme – Temporary Outdoor Vehicle Storage Facility Project (project) are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] Section 21000 et seq.), specifically PRC Sections 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 CCR 15000 et seq.), specifically Sections 15091 and 15093. The Final Environmental Impact Report (EIR) examines the full range of potential effects of construction and operation of the project, identifies standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects, and evaluates alternatives to the project. The Final EIR is incorporated into these Findings by reference.

1.1 PURPOSE
PRC Section 21081, and CEQA Guidelines Section 15091 require that the lead agency, in this case the City of Oxnard (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. Specifically, CEQA Guidelines Section 15091 states, in part, that:
a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

In accordance with PRC Section 21081, and CEQA Guidelines Section 15093, whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decisionmaking agency may prepare and adopt a Statement of Overriding Considerations, pursuant to the CEQA Guidelines. State CEQA Guidelines Section 15091 does not require specific findings to address environmental effects that an EIR identifies as “no impact” or a “less than significant” impact.

Implementation of the proposed project would not result in any impacts that are considered significant, adverse, or unavoidable. All environmental issues were determined to result in less than significant impacts or can be reduced to less-than-significant levels with the incorporation of mitigation measures.

Thus, the City is not required to adopt a statement of overriding considerations. 1275
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Section 15093 of the CEQA Guidelines states the following:
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

The Final EIR for the project identified potentially significant effects that could result from the project.

The City finds that the inclusion of certain mitigation measures as part of the approval of the project would reduce these effects to less-than‐significant levels.

The City also finds that the Mitigation Monitoring and Reporting Program for the project, which is incorporated by reference and made part of these Findings, meets the requirements of PRC Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the proposed project.

Pursuant to PRC Section 21082.1(c)(3), the City also finds that these Findings reflect the City’s independent judgment as the lead agency for the project.

1.1.1 Custodian and Location of Records
The documents and other materials that constitute the Record of Proceedings for the City’s actions related to the project are located at the City of Oxnard, 214 South C Street, Oxnard, California 93030. The City is the custodian of the Record of Proceedings for the proposed project.

1.2 PROJECT DESCRIPTION
The project would include the construction and operation of a temporary outdoor vehicle storage facility (vehicle storage facility or facility) for a maximum of 5 years on the approximately 34-acre project site.

The facility would include the following:
• Vehicle parking area with gravel base
• Temporary guard house
• Portable restroom
• Perimeter site lighting
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• Security fencing (6-feet-high)
• Landscaping
• Site drainage
• Associated infrastructure improvements (e.g., curb cuts, apron) The temporary outdoor vehicle storage facility includes approximately 27.5 acres to accommodate parking for up to 4,944 vehicle spaces, which equates to a ratio of 180 spaces per acre.

Various permits, approvals, and actions by the City of Oxnard and various public agencies may be required to execute and implement the proposed project. The permits from the lead agency that are necessary include:
• City of Oxnard approval of Special Use Permit
• City of Oxnard issuance of Grading Permit
• City of Oxnard issuance of Building and Safety Permits • City of Oxnard Fire Department approval of proposed site improvement • City of Oxnard – water, sewer, and storm drain connection permits

1.2.1 Project Objectives
The Applicant has identified the following objectives for the project.

1. Facilitate commercial success for Port clients to ensure they keep their business in the region, keep 167 local citizens employed, and create the potential for more than 30 jobs in the future.

2. Reduce and consolidate, where feasible, Port vehicle customer reliance on off-Port satellite storage locations, which would reduce the need for car carrier truck movement to distribute vehicles to those locations. The consolidation of vehicle storage closer to the Port would enable a more efficient movement of vehicles and reduce the need for heavy duty truck movement.

3. Provide operational flexibility for the transport of goods (vehicles) that already flow through the Port for purposes of sale, while maintaining existing goods movement and the existing number or capacity of cargo ships.

1.2.2 Discretionary Actions
A discretionary action is an action taken by an agency that calls for the exercise of judgment in deciding whether to approve or how to carry out a project. The project would require consideration of the following discretionary actions by the City:
• Certification of the Final EIR and adoption of a Mitigation Monitoring and Reporting Program • Approval of the Special Use Permit
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2.0 CEQA FINDINGS OF INDEPENDENT JUDGEMENT

2.1 INDEPENDENT REVIEW AND ANALYSIS
Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the EIR or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC Section 21082.1[c]).

These Findings reflects the City’s independent judgment. The City has exercised independent judgment in accordance with CEQA Section 21082.1(c)(3) in retaining its own environmental consultant in the preparation of the EIR, as well as reviewing, analyzing, and revising material prepared by the consultant.

Having received, reviewed, and considered the information in the EIR, as well as any and all other information in the record, the City hereby makes findings pursuant to and in accordance with CEQA Sections 21081, 21081.5, and 21081.6.

2.2 SUMMARY OF IMPACTS
The EIR identified a number of direct and indirect potentially significant environmental effects (or “impacts”) resulting from the project. These potentially significant effects can be reduced to a less than significant level through the adoption of feasible mitigation measures.

As identified in Chapters 4, 5, 6, and 7 of the EIR, significant environmental impacts would not occur with regard to the following issues: agriculture and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, parks and recreation, wildfire and fire protection, schools, water, wastewater, and solid waste. Additionally, significant environmental impacts would not occur with regard to the following issues: biological resources (federally protected wetlands, wildlife movement, consistency with an adopted habitat conservation plan; and cumulative impacts to biological resources); cultural resources (historical resources; paleontological resources; and cumulative impacts to cultural resources); geology and soils (rupture of an earthquake fault; unstable soils–landslides; expansive soil; seiches and tsunamis; dredging and other maintenance activities); noise (exceedance of established or applicable standards in the local general plan or noise ordinance or other agencies resulting in a temporary, periodic, or permanent increase in ambient noise levels; groundborne vibration or noise; excessive noise levels within the airport land use plan for Oxnard Airport or within 2 miles of Naval Base Ventura County Point Mugu; or cumulative noise impacts); police protection (impacts during operations); or transportation (within the airport land use plan for Oxnard Airport or within 2 miles of Naval Base Ventura County Point Mugu to excessive noise levels; Level of Service standards; change in air traffic patterns; hazards due to a design feature or incompatible uses; emergency access during operations; conflict with adopted policies, plans, or programs supporting alternative transportation; CEQA Guidelines Section 15064.3 Subdivision (B); and cumulative traffic impacts). State CEQA Guidelines section 15091 does not require specific findings to address environmental effects that an EIR identifies as “no impact” or a “less than significant” impact. As such, these issue areas are not discussed further within this document. 1279
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As identified in Chapters 4, 5, 6, and 7 of the EIR, the project would mitigate, avoid, or substantially lessen to below a level of significance direct, indirect, and/or cumulative potentially significant environmental effects with regard to the following issues: aesthetics (visual character/quality), biological resources (nesting birds), cultural resources (archaeological resources; human remains; tribal cultural resources), geology and soils, noise (non-human species), police protection during construction, and transportation (emergency access).

2.3 IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT WITH MITIGATION The following summarizes the potentially significant impacts of the proposed project identified in the Final EIR that would be less than significant with implementation of mitigation measures.

2.3.1 Aesthetics

2.3.1.1 AESTHETIC IMPACT TO VISUAL CHARACTER/QUALITY OF THE SITE AND

ITS SURROUNDINGS

DESCRIPTION OF POTENTIAL IMPACT
The project would have a substantial adverse impact to the visual character/quality of the site and its surroundings.

MITIGATION MEASURE(S) AND STANDARD CONDITION(S)
Standard Conditions
SC AES-1 Prior to the issuance of building permits, the Applicant shall submit two copies of landscape and irrigation plans, along with appropriate permit application and fees, to the Development Services Division and obtain approval of such plans.

SC AES-2 Prior to the issuance of a certificate of occupancy, the Applicant shall install landscape and automatic irrigation systems.

SC AES-3 Prior to the issuance of a certificate of occupancy, the Applicant shall provide a watering schedule to the site manager and to the Planning Division or designee. The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods.

SC AES-4 The Applicant shall install an irrigation system that includes a water sensor shut-off device as a water conservation measure.

SC AES-5 All trees planted or placed on the property by the Applicant shall be a minimum of 24-inchbox size. All shrubs and vines shall be at least five-gallon size, except as otherwise specified by the Special Use Permit.

SC AES-6 The Applicant shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by Special Use Permit for the life of the project.

Failure of the Applicant to do so may result in the revocation of this permit and initiation of legal proceedings against Applicant to ensure compliance. 1280
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SC AES-7 The Applicant agrees that the project has aesthetic impacts arising from conversion of undeveloped land to developed land, which the landscaping improvements for the project are intended to mitigate. The Applicant further agrees that the landscaping improvements must be maintained for the life of the permit in order to continue to mitigate such impacts.

Mitigation Measures
MM AES-1 The Applicant shall install chain-link fencing with top and bottom rails to provide support for plants.

MM AES-2 In locations where chain-link gates are proposed and plants cannot grow, the Applicant shall install either privacy slats on the chain-link gates or solid gates to block views onto the site.

MM AES-3 Prior to vegetation maturation that effectively buffers views onto the project site, the Applicant shall install screening fabric on the chain-link fencing or other alternative temporary measures approved by the City to fill gaps in the vegetation.

MM AES-4 The Applicant shall provide visual screening of the existing water utility structure/chain-link fence enclosure on the southeast corner of Hueneme Road and Perkins Road complementary to the screening established with the project.

Findings
As discussed in Section 5.1, Aesthetics, of the EIR, the proposed project would be compatible with surrounding development, including the Hueneme Industrial Park, shopping center, and the City of Oxnard Advanced Water Purification Facility, and the proposed use is allowed in the M-1-PD (Light Manufacturing Zone with Planned Development Additive Zone) zone. While the proposed project incorporates screening and landscape measures, it is important that the proposed measures are properly installed and maintained. Thus, visual character/quality impacts are considered potentially significant. The proposed project would be subject to Standard Conditions SC AES-1 through SC AES-7 that require landscape and irrigation plans, and the proper installation and maintenance of site landscaping and irrigation systems in compliance with City Code Section 16-165, and Mitigation Measures MM AES-1 through MM AES-4, that ensure the site landscaping and the fencing provide adequate screening. Thus, implementation of Standard Conditions SC AES-1 through SC AES-7 and Mitigation Measures MM AES-1 through MM AES-4 would result in less than significant visual character/ quality impacts associated with the project.

2.3.2 Biological Resources

2.3.2.1 BIOLOGICAL RESOURCES IMPACT TO NESTING BIRDS

DESCRIPTION OF POTENTIAL IMPACT
The project would have a substantial adverse impact to suitable habitat for the burrowing owl (Athene cunicularia) and the California horned lark (Eremophila alpestris actia) and to ground-nesting bird species, including the western meadow lark (Sturnella neglecta), burrowing owl, and the California horned lark.

Mitigation Measure(s)
MM BIO-1 To avoid the disturbance of nesting and special-status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code 1281
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(CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, demolition, and construction shall occur outside of the bird breeding season (February 1 through August 31), if practicable.

If construction must begin during the breeding season, then a pre-construction nesting bird survey shall be conducted no more than seven (7) days prior to initiation of ground disturbance and vegetation removal activities.

The pre-construction nesting bird survey shall be conducted on foot inside the project site, including a 50-foot buffer and in inaccessible areas (e.g., private lands) from afar using binoculars, to the extent practicable. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California.

If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground-disturbing activities shall occur inside this buffer until the avian biologist has confirmed that breeding/nesting is complete and the young have fledged the nest.

Encroachment into the buffer shall occur only if authorized by the qualified biologist, who shall monitor activities to ensure that nesting birds are not adversely affected.

In addition, for any construction activities, the applicant shall retain the services of a qualified biologist or environmental resources specialist to conduct sensitive species surveys (including birds and other terrestrial species) of the project site. The environmental resources specialist shall conduct surveys no more than two weeks prior to the approved construction activities to detect any active sensitive species. In the event that any sensitive species are present in or adjacent to the construction area but do not exhibit reproductive behavior and are not within the estimated breeding/reproductive cycle of the subject species, the environmental resources specialist shall implement a resource avoidance program with sufficient buffer areas to ensure adverse impacts to such resources are avoided.

Findings
As discussed in Section 5.4, Biological Resources, of the EIR, potential ground nesting species, such as the western meadow lark, identified on-site during the field reconnaissance survey, could nest on-site.

Additionally, there is the potential for the burrowing owl, known to winter in the Oxnard Plain, and California horned lark to occur on site. Construction activities associated with the proposed project could adversely affect nesting birds if they are present on or adjacent to the site, through direct mortality or abandonment of nests. The loss of a nest due to construction activities would be a violation of the MBTA and California Fish and Game Code Section 3503. Thus, implementation of the proposed project would result in potentially significant impacts to the following ground-nesting bird species: western meadow lark, burrowing owl, and California horned lark. Mitigation Measure MM BIO-1 would reduce project-related impacts to less than significant by encouraging site disturbance and construction activities outside of the bird breeding season or a pre-construction nesting bird survey and application of the biologist’s recommendations during the site disturbance and construction activities. Implementation of MM BIO-1 would reduce impacts to suitable habitat for the burrowing owl and the California horned lark, and impacts to ground-nesting bird species, including the western meadow lark, burrowing owl, and the California horned lark to less than significant. 1282
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2.3.3 Cultural and Tribal Cultural Resources

2.3.3.1 CULTURAL AND TRIBAL CULTURAL RESOURCES IMPACT TO

ARCHEOLOGICAL RESOURCES

DESCRIPTION OF POTENTIAL IMPACT
The project could result in impacts to potentially undiscovered archaeological resources.

Mitigation Measure(s)
MM CUL-1 Archaeological Monitoring. Prior to ground disturbance activities, the Applicant and/or subsequent responsible parties shall retain a Principal Investigator/Archaeologist, meeting the Secretary of the Interior’s Standards, and with experience in California prehistoric and historic resources (experience within Ventura County preferred), to complete the following:
compose a Cultural Resource Monitoring and Inadvertent Discovery Plan (Plan), manage archaeological monitoring and address any inadvertent discoveries identified during project implementation. The purpose of the Plan is to outline cultural monitoring (archaeological and Native American/Tribal) protocols and a program of treatment and mitigation in the case of an inadvertent discovery of cultural (archaeological or Native American/Tribal) resources during ground-disturbing phases and to provide for the proper identification, evaluation, treatment, and protection of any cultural resources in accordance with CEQA throughout the duration of the project. Existence and importance of adherence to this Plan shall be stated on all projectsite plans intended for use by those conducting the ground disturbing activities.

The Principal Investigator/Archaeologist shall manage archaeological monitoring conducted by archaeological technicians during initial ground disturbances. Initial excavation is defined as initial construction-related earth moving of sediments from their place of deposition. As it pertains to cultural monitoring (archaeological or Native American/Tribal), this definition excludes movement of sediments after they have been initially disturbed or displaced by project-related construction. The retained Principal Investigator/Archaeologist shall oversee and establish monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter cultural deposits or material. The archaeological monitor shall be responsible for maintaining daily monitoring logs. The requirement for archaeological monitoring shall be noted on all construction plans to ensure implementation. Upon completion of all ground disturbing activities, an archaeological monitoring report shall be prepared within 30 business days following completion of ground disturbance and submitted to the City for review. This report shall document compliance with approved cultural mitigation, all monitoring efforts, and include an appendix with daily monitoring logs. The final report shall be submitted to the City and the South Central Coastal Information Center.

MM CUL-2 Native American/Tribal Monitoring - Prior to ground disturbance activities, the Applicant and/or subsequent responsible parties shall retain a Native American/Tribal monitor/entity selected from the list of California Native American Tribes (maintained by the NAHC) and that are traditionally and culturally affiliated with the geographic area of the project site. The Applicant and/or subsequent responsible parties shall make arrangements with the Native American/Tribal monitor/entity to enter into a contract with the intent of securing a total of 1283
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one Native American/Tribal monitor to be present during initial ground disturbance. Initial ground disturbance is defined as initial construction-related earthmoving of sediments from their place of deposition. As it pertains to cultural resource (archaeological or Native American/Tribal) monitoring, this definition excludes movement of sediments after they have been initially disturbed or displaced by current project-related construction. The Plan created in compliance with MM-CUL-1 shall be provided to the Native American/Tribal monitor/entity under contract prior to commencement of ground disturbing activities. More than one monitor may be required if multiple areas within the projectsite are simultaneously exposed to initial ground disturbance causing monitoring to be hindered by the distance (more than 200 feet apart) of the simultaneous activities.

Findings
As discussed in Section 5.5, Cultural Resources, of the EIR, archival research indicated that there is one known archaeological site within a 0.25-mile radius of the project site boundaries. A foot reconnaissance of the project site in 2020 indicated two clusters (Locus1 1 and 2) of low density weathered marine shell, one chert biface fragment, and one weathered elasmobranch fish vertebra. Subsurface testing of the areas identified as Locus 1 and Locus 2 was performed and found that no known cultural resources exist within the proposed project site and based on the presence of disturbed and/or fill soils to depths below proposed depths of disturbance for the project, no impacts to known or unknown cultural resources are expected.

Nonetheless, the proposed project involves minimal on-site ground-disturbing activities (approximately 1/10th inch to 1.95 feet)2for grubbing, grading, or other activities. In addition, the installation of site drainage infrastructure could require grading of small areas to a depth of 24 inches (2 feet). On-site areas that would not be disturbed include the site’s periphery that has been previously disturbed by pipelines, roads, and the Ventura County Rail Road right-of-way. These activities could result in impacts to undiscovered archaeological resources. Mitigation Measures MM CUL-1 and MM CUL-2 require archaeological and Native American monitoring during ground disturbing activities to avoid or document any artifacts or archaeological features that may be encountered. Implementation of Mitigation Measures MM CUL-1 and MM CUL-2 reduce potentially significant impacts to less than significant.

2.3.3.2 CULTURAL AND TRIBAL CULTURAL RESOURCES IMPACT TO HUMAN REMAINS

DESCRIPTION OF POTENTIAL IMPACT
The project could disturb human remains, including those interred outside of dedicated cemeteries.

Mitigation Measure(s)
MM CUL-2 (see Section 2.3.3.1, above)
1 “Locus” is defined as the place where something is situated or occurs: site, location a center of activity, attention, or concentration. Source: Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/locus, accessed March 1, 2021.
2 Source: Jensen Design & Survey, Inc., Cut & Fill Depths Analysis | Grading Plan, August 2019. 1284
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Findings
As discussed in Section 5.5, Cultural Resources, of the EIR, no human remains or cemeteries are known to exist in or near the project site. However, there is always the possibility that subsurface construction activities associated with the proposed project improvements, such as trenching and grading, would potentially damage or destroy previously undiscovered human remains. In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; Public Resources Code Section 5097.94 and Section 5097.98 must be followed.

Implementation of Mitigation Measure MM CUL-2 would reduce potentially significant impacts associated with the discovery of human remains to less than significant.

2.3.3.3 CULTURAL AND TRIBAL CULTURAL RESOURCES IMPACT TO TRIBAL CULTURAL

RESOURCES LISTED OR ELIGIBLE FOR LISTING IN THE CALIFORNIA REGISTER OF

HISTORICAL RESOURCES, OR IN THE LOCAL REGISTER OF HISTORICAL RESOURCES AS DEFINED IN PUBLIC RESOURCES CODE SECTION 5020.1(K)

DESCRIPTION OF POTENTIAL IMPACT
The project would cause a substantial adverse change in the significance of previously undiscovered tribal cultural resources.

Mitigation Measure(s)
MM CUL-2 (see Section 2.3.3.1, above)
Findings
As discussed in Section 5.5, Cultural Resources, of the EIR, no Native American Tribes have requested formal notification from the City pursuant to AB 52. The City also reviewed the results of the archaeological study that included a records search, archival and background research as well as a pedestrian survey and subsurface testing of the project site to further inform and consider the potential of tribal cultural resources to exist within the project site. All efforts to determine whether tribal cultural resources originating from the project site exist and may be impacted by proposed project implementation returned negative. Given the presence of the Ventureño Chumash in and around the City of Oxnard over millennia, and the proximity of a known site within 0.25 miles of the project site, there is the potential for construction of the project to impact unidentified tribal cultural resources. Thus, grounddisturbing activities, such as grading or excavation, could disturb previously unidentified subsurface resources. Implementation of Mitigation Measure MM CUL-2 would reduce any potentially significant impacts to previously undiscovered tribal cultural resources to less than significant.

2.3.3.4 CULTURAL AND TRIBAL CULTURAL RESOURCES IMPACT TO TRIBAL CULTURAL

RESOURCES DETERMINED BY THE LEAD AGENCY, IN ITS DISCRETION AND

SUPPORTED BY SUBSTANTIAL EVIDENCE, TO BE SIGNIFICANT PURSUANT TO 1285
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THE CRITERIA SET FORTH IN SUBDIVISION (C) OF PUBLIC RESOURCES CODE SECTION 5024.1

DESCRIPTION OF POTENTIAL IMPACT
The project would result in potentially significant impacts to previously undiscovered tribal cultural resources.

Mitigation Measure(s)
MM CUL-2 (see Section 2.3.3.1, above)
Findings
Refer to Section 2.3.3.4, above.

2.3.4 Geology and Soils

2.3.4.1 GEOLOGICAL IMPACT TO SEISMIC GROUND SHAKING

DESCRIPTION OF POTENTIAL IMPACT
The project would directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking.

Mitigation Measure(s)
MM GEO-1 Prior to issuance of grading permits, the Applicant or designee shall prepare and submit a soils, geologic, and structural evaluation report prepared by a registered soils engineer and/or structural engineer for review and approval by the City of Oxnard Building and Engineering Division. The recommendations in the report shall be implemented during site grading and construction.

Findings
As discussed in Section 5.7, Geology and Soils, of the EIR, there are a number of potentially active/active faults in the region including the Oak Ridge, Pitas Point-Ventura, Anacapa, and Malibu Coast faults; however, these faults are located approximately 1.5 miles to 10 miles from the City. Although some structural damage is typically not avoidable during a large earthquake, the proposed project would be constructed to meet existing construction ordinances and the California Building Code in order to protect against building collapse and major injury during a seismic event. The California Building Code includes specific design measures, which are based on the determination of Site Classification and Seismic Design Categories specific to the project site. These design measures are intended to maximize structural stability in the event of an earthquake. Thus, adherence to the California Building Code requirements, as well as Mitigation Measure MM GEO-1 would reduce impacts related to strong seismic shaking to less than significant.
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2.3.4.2 GEOLOGICAL IMPACT RESULTING FROM UNSTABLE SOILS AND LIQUEFACTION

DESCRIPTION OF POTENTIAL IMPACT
The project would be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and result in unstable soils and on- or off-site liquefaction.

Mitigation Measure(s)
MM GEO-1 (see Section 2.3.4.1, above)
Findings
As discussed in Section 5.7, Geology and Soils, of the EIR, a majority of the City of Oxnard is susceptible to liquefaction as a result of underlying thick alluvial deposits and high groundwater levels. In addition, the City of Oxnard is located in a Seismic Hazard Area for liquefaction according to seismic hazard mapping conducted by the California Geological Survey. To ensure that the temporary on-site structures do not experience structural damage due to liquefaction, the Applicant shall implement the recommendations in the soils, geologic, and structural evaluation report required per Mitigation Measure GEO-1 and adhere to the California Building Code requirements for the guard house, which reduce potentially significant impacts to less than significant with mitigation incorporated.

In addition, the on-site soils are characterized as unstable soils. To ensure that the temporary on-site structures do not experience structural damage due to unstable soils, the Applicant shall implement the recommendations in the soils, geologic, and structural evaluation report required per Mitigation Measure MM GEO-1 and adhere to the California Building Code requirements for the guard house, which reduce potentially significant impacts to less than significant with mitigation incorporated.

2.3.5 Noise

2.3.5.1 NOISE IMPACT TO NON-HUMAN SPECIES

DESCRIPTION OF POTENTIAL IMPACT
The project would result in noise impacts to special-status species, including the western meadow lark, burrowing owl, and the California horned lark, as well as suitable habitat for the burrowing owl and the California horned lark.

Mitigation Measure(s)
MM BIO-1 (see Section 2.3.2.1, above)
Findings
The proposed project would result in a potentially significant impact to suitable habitat for the burrowing owl and the California horned lark, as well as a potentially significant impact to ground-nesting bird species: western meadow lark, burrowing owl, and the California horned lark. With the implementation of Mitigation Measure MM BIO-1, project-related impacts to these special-status species or habitat are reduced to less than significant.
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2.3.6 Police Protection

2.3.6.1 POLICE PROTECTION IMPACTS DURING CONSTRUCTION

DESCRIPTION OF POTENTIAL IMPACT
The project would result in potential construction-related traffic impacts on the California Highway Patrol, which regulates traffic in the City.

Mitigation Measure(s)
MM PP-1 Prior to construction, the Applicant shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed necessary by the City Traffic Engineer. The Plan may include the following provisions, among others:
• At least one unobstructed lane shall be maintained in both directions on the following surrounding roadways: Hueneme Road and Perkins Road.
• At any time only a single lane is available, the Applicant shall provide a temporary traffic signal, signal carriers (i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.
• If construction activities require the complete closure of a roadway segment, the Applicant shall provide appropriate signage indicating detours/alternative routes.

Findings
Construction-related traffic on the project site also is not expected to result in impacts on the California Highway Patrol, which regulates traffic in the City. Slow-moving construction-related traffic on adjacent roadways could reduce optimal traffic flows and could delay emergency vehicles traveling through the area. However, this would not result in a significant impact on traffic flows because construction-related traffic would only occur during short periods of time during the day and would cease upon completion. In order to prevent construction-related traffic impacts, Mitigation Measure MM PP-1 has been included to prepare a construction traffic control plan prior to the initiation of any construction activities and would reduce potentially significant impacts to less than significant.

2.3.7 Transportation

2.3.7.1 TRANSPORTATION IMPACTS ASSOCIATED WITH INADEQUATE

EMERGENCY ACCESS

DESCRIPTION OF POTENTIAL IMPACT
The project would result in potential construction-related traffic impacts.

Mitigation Measure(s)
MM PP-1 (see Section 2.3.6.1, above)
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Findings
Slow-moving construction-related traffic on adjacent roadways could reduce optimal traffic flows and could delay emergency vehicles traveling through the area. In order to prevent construction-related traffic impacts, Mitigation Measure MM PP-1 has been included to prepare a construction traffic control plan prior to the initiation of any construction activities and reduce potentially significant impacts to less than significant.
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3.0 FINDINGS ON PROJECT ALTERNATIVES
CEQA requires that an EIR describe a range of reasonable alternatives to a project, or to the location of the project, that could feasibly attain the basic objectives of that project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). CEQA directs that the scope of alternatives considered shall be limited to ones that would avoid or substantially lessen the significant effects of the project (14 CCR 15126.6[f]). Notably, this project does not result in any significant and unavoidable impacts.

3.1 ALTERNATIVES CONSIDERED AND ELIMINATED DURING THE SCOPING/

PROJECT PLANNING PROCESS
The CEQA Guidelines provide that an EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the project alternatives proposed during the scoping and planning process and the reasons they were not selected for detailed analysis in the EIR.

With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines Section 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries … and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of proposed project alternatives to be evaluated in the EIR, a number of possible alternatives were initially considered and then rejected. Proposed project alternatives were rejected because they could not accomplish the basic objectives of the proposed project, or they would not have resulted in a reduction of significant adverse environmental impacts.

REDUCED PROJECT ALTERNATIVE
The City considered a Reduced Project Alternative that would reduce the site acreage and would not utilize more than 50% of the approximately 34-acre site. The reduction in total acres would also reduce the acreage for temporary outdoor vehicle storage capacity from approximately 27.5 acres under the proposed project to approximately 14 acres. This would reduce the vehicle storage capacity from 4,944 to 2,472 vehicle spaces.

This Alternative does not fulfill a key project objective to reduce and consolidate Port vehicle customer reliance on Off-Port storage locations, nor would this Alternative eliminate the need for car carrier truck movement to distribute vehicles to those Off-Port storage locations.

In addition, fewer new jobs would be created under this Alternative, thus not fulfilling a second key project objective regarding employment in the region.
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Finding
The City rejects the Reduced Project Alternative on the following grounds, which provides sufficient justification for rejection of this alternative: the Reduced Project Alternative fails to meet most of the project objectives. Thus, the Reduced Project Alternative was rejected from further consideration in the EIR.

ELECTRIC CAR CARRIER TRUCKS ALTERNATIVE
The City considered an alternative that assumes that electric car carrier trucks would be used by the Port Customer to transport vehicles to existing Off-Port storage locations.

An electric truck is an electric vehicle powered by batteries designed to deliver cargo. The recent development of lithium batteries has broadened the applicability of electric trucks due to the increased range of several hundred miles. Battery powered electric vehicles have no exhaust emissions, but emissions are created from the production and distribution of the energy used to charge them.

At this time, the Port Customer is not using electric car carrier trucks to transport vehicles to existing OffPort storage locations, nor would car carrier trucks be used for the proposed project. While the use of electric trucks would reduce greenhouse gas emissions, the financial implications to the Port Customer to rent or purchase such equipment is unknown at this time, and as such, this Alternative is infeasible.

Additionally, to the knowledge of the Port Customer, there are no commercially available electric car carrier trucks. Therefore, it would not be financially possible for the Port or City to procure electric car carrier trucks for use in the proposed project, and electric car carrier trucks are not anticipated to be feasible for the Port or City to acquire during the five-year life of the proposed project. Therefore, under this alternative without the use of traditional car carrier trucks, vehicle transport would not be able to occur.

Because electric car carrier trucks are not a feasible option for vehicle transport at this time, this Alternative does not fulfill a key project objective to reduce and consolidate Port Customer reliance on Off-Port storage locations and thus, reduce the need for car carrier truck (diesel or electric) movement to distribute vehicles to those locations. Thus, the Electric Car Carrier Trucks Alternative was rejected from further consideration in the EIR.

Finding
The City rejects the Electric Car Carrier Trucks Alternative on the following grounds which provides sufficient justification for rejection of this alternative: this alternative is infeasible given that there are no commercially available electric car carrier trucks and no such trucks are likely to become available within the next 5 years. Thus, the Electric Car Carrier Trucks Alternative was rejected from further consideration in the EIR.

ALTERNATIVE LOCATIONS
Pursuant to Section 15126.6(f)(2) of the CEQA Guidelines, the City considered the potential for alternative locations to the project. The City is mostly developed, with the exception of some undeveloped land to the south of the project site, where the Ormond Lagoon and various undeveloped parcels are located.

Therefore, there are very limited areas of approximately equivalent size to the project site that could be used for the project. In addition, the project applicant does not control another site within the City of comparable land area that is available for development of the proposed project. One of the factors for 1292
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feasibility of an alternative is “whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” Because the City is highly urbanized and is largely built out, obtaining another site of a similar size in a similar location is not considered feasible. It should also be noted that the project site is surrounded by development to the east, north, and west. As such, an alternative location was ultimately rejected from further analysis in the EIR.

Finding
The City rejects the Alternative Locations, on the following ground, which provides sufficient justification for rejection of this alternative: the alternative is infeasible given that the project applicant does not own or control any other property within the City that would be suitable for development of the proposed project. Therefore, this alternative is eliminated from further consideration.

3.2 ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
This section discusses a reasonable range of alternatives to the proposed project, including a No Project Alternative, in compliance with CEQA Guidelines Section 15126.6(e). These alternatives are as follows:
• Alternative One: No Project Alternative
• Alternative Two: Two Existing Off-Port Vehicle Storage Locations • Alternative Three: Existing Zoning
These alternatives are evaluated for their ability to avoid or substantially lessen the impacts of the proposed project identified in the Final EIR, and in consideration of their ability to meet the basic objectives of the proposed project as described in the Final EIR.

3.2.1 Alternative One: No Project Alternative
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of a No Project Alternative. The “purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project” (14 CCR 15126.6[e][1]). When defining the No Project Alternative, the analysis must be informed by “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services” (14 CCR 15126.6[e][2]).

Description
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of the No Project Alternative, which reflects the “circumstances under which the project does not proceed.” Under the No Project Alternative, no development would occur on the project site. Accordingly, the site characteristics of this alternate would be equivalent to the existing conditions and would remain as vacant and undeveloped land.

Impacts
Under Alternative 1, the No Project/ No Build Alternative, all environmental impacts would be reduced further below the project’s less- than–significant impacts. 1293
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Finding
The City rejects the No Project Alternative on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the No Project Alternative fails to meet any of the project objectives; (2) the No Project Alternative does not reduce or eliminate any significant and unavoidable impacts associated with the project, as the project does not result in any significant and unavoidable impacts.

3.2.2 Alternative Two: Two Existing Off-Port Vehicle
Storage Locations
Description
Alternative Two assumes the existing vehicle storage operations of GLOVIS (Customer) at the Port of Hueneme (Port) and Off-Port locations for vehicle storage within the local area, including within Oxnard, Ventura, Camarillo, and Ventura County would continue.

As such, imported vehicles would be transported by Customer car carrier trucks from the Port to two OffPort storage locations:

1. Camarillo Airport (555 Airport Way, Camarillo)

2. Tuff Shed (3355 Ventura Road, Ventura)
The locations are approximately 10.6 miles and 9 miles, respectively, from the Port.

Impacts
Under Alternative Two, Two Existing Off-Port Vehicle Storage Locations, environmental impacts related to agriculture and forestry resources, hazards and hazardous materials, population and housing, parks and recreation, schools, and wastewater would be the same as compared to the project, or neither environmentally superior nor inferior to the project.

Alternative Two would result in reduced impacts to aesthetics, biological resources, cultural and tribal cultural resources, geology and soils, wildfire and fire protection, police protection, water, and solid waste, as Alternative Two would not result in development of an undeveloped site. Therefore, Alternative Two would be environmentally superior to the proposed project in regard to these environmental issue areas.

Alternative Two would result in increased impacts to air quality, energy, greenhouse gases, noise, and transportation due to the increased distances to the two locations (Camarillo Airport 10.6 miles, Tuff Shed 9 miles) from the Port. In addition, because the proposed project allows for the consolidation of multiple Off-Port storage locations to a single site within one jurisdiction in a zoning district that allows the proposed use, Alternative Two would result in increased impacts to land use. The Camarillo Airport site and proposed project site are located within MRZ-1, and thus does not contain mineral resources.

However, the Tuff Shed site in Ventura is located within MRZ-2 zone, which does contain mineral resources of regional and statewide significance, resulting in an increased impacts to mineral resources under Alternative Two. Lastly, while hydrology and drainage impacts would remain less than significant under both Alternative Two and the proposed project, the proposed project provides more pervious 1294
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surface and infrastructure to improve hydrology and water quality impacts, both on-site and off-site.

Therefore, Alternative Two is considered environmentally inferior to the proposed project in regard to these environmental issue areas.

Objectives
Alternative Two would partially meet Objective 1, as the project would facilitate commercial success for Port clients to ensure they keep their business in the region, and keep 167 local citizens employed.

However, Alternative Two does not provide for new jobs. In addition, Alternative Two would not meet Objective 2, as Alternative Two would not reduce and consolidate Port vehicle customer reliance on offPort satellite storage locations, which would reduce the need for car carrier truck movement to distribute vehicles to those locations, to enable a more efficient movement of vehicles and reduce the need for heavy duty truck movement. Lastly, the project would meet Objective 3, as it would provide operational flexibility for the transport of goods (vehicles) that already flow through the Port for purposes of sale, while maintaining existing goods movement and the existing number or capacity of cargo ships.

Finding
The City rejects Alternative 2 on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) Alternative 2 would result in greater impacts to some environmental resource areas; and (2) Alternative 2 does not reduce or eliminate any significant and unavoidable impacts associated with the project, as the project does not result in any significant and unavoidable impacts.

3.2.3 Alternative Three: Existing Zoning
Description
Alternative Three, Existing Zoning, assumes the approximately 34-acre project site would be developed with a light manufacturing use consistent with the M-1-PD zone (Light Manufacturing Zone with Planned Development Additive) and in accordance with applicable use and development standards required per Oxnard City Code Chapter 16, Zoning.

The M-1-PD zone permits the following: maximum building height of 55 feet and a maximum floor area ratio of 70%. For this Alternative, the maximum development assumes a 40% floor area ratio and 587,189 square feet.

Impacts
Under Alternative Three, Existing Zoning, environmental impacts relative to agriculture and forestry resources, biological resources, cultural and tribal cultural resources, geology and soils, mineral resources, population and housing, and schools would be similar compared to the project.

Alternative Three would result in greater impacts relative to aesthetics, as the site would be developed with light manufacturing uses with buildings up to 55 feet in height, thus changing the visual character of the site. In addition, Alternative Three would result in greater impacts relative to air quality, energy, greenhouse gas emissions, and noise, as the duration of both construction and operations associated with Alternative Three would be increased compared to the project. Light manufacturing uses have the 1295
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potential to manufacture, transport, use, or dispose of hazardous materials and thus impacts to hazards and hazardous materials would be increased under Alternative Three. Alternative Three would result in less pervious area and more impervious area compared to the project. Thus, impacts to hydrology and water quality would be increased compared to the project. Although Alternative Three would be consistent with the City’s Zoning Code and compatible with surrounding uses, similar to the proposed project, Alternative Three would be subject to the Ventura County Airport Comprehensive Land Use Plan (ACLUP) land use or compatibility guidelines, and Federal Aviation Regulations Part 77 height limitations and would be required to be consistent with the ACLUP and Federal Aviation Regulations Part 77.

Therefore, Alternative Three would result in greater impacts to lad use.

In addition, the number of employees associated with Alternative Three would increase, resulting in an increase in demand for parks and recreation, wildfire and fire protection, and police protection. Regarding transportation, the vehicle trips generated by a 587,189 square foot light manufacturing uses could result in significantly more peak daily, A.M. peak hour, and P.M. peak hour trips that affect a larger traffic impact area and would increase vehicle miles traveled. As Alternative Three would require water and wastewater infrastructure to be installed, impacts associated with water and wastewater would be increased compared to the project. Lastly, the quantity of solid waste generated is dependent upon the light manufacturing use but would be greater than the proposed project. Therefore, Alternative Three is considered environmentally inferior to the proposed project in regard to aesthetics, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, parks and recreation, wildfire and fire protection, police protection, transportation, water, wastewater, and solid waste.

Objectives
Alternative Three would not meet any of the project objectives. Alternative Three would not facilitate commercial success for Port client to ensure they keep their business in the region, keep 167 local citizens employed, and create the potential for more than 30 jobs in the future; reduce and consolidate, where feasible, Port vehicle customer reliance on Off-Port satellite storage locations, which would reduce the need for car carrier truck movement to distribute vehicle to those locations; or provide operational flexibility for the transport of goods (vehicles) that already flow through the Port for purposes of sale, while maintaining existing goods movement and the existing number or capacity of cargo ships.

Finding
The City rejects Alternative Three on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) Alternative Three fails to meet most of the project objectives; (2) Alternative Three would result in greater impacts to some environmental resource areas; and (3) Alternative Three does not reduce or eliminate any significant and unavoidable impacts associated with the project, as the project does not result in any significant and unavoidable impacts.

3.2.4 Environmentally Superior Alternative
Alternative One, the No Project Alternative, would result in the least environmental impacts and would be the environmentally superior alternative. However, Section 15126.6(e)(2) of the CEQA Guidelines states that if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. In this case, the environmentally superior alternative is Alternative Two, Two Existing Off-Port Vehicle Storage Locations. 1296
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Alternative Two would partially meet Objective 1, would not meet Objective 2, and would meet Objective

3. As set forth above, the City rejects Alternative Two on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) Alternative Two would result in greater impacts to some environmental resource areas; and (2) Alternative Two does not reduce or eliminate any significant and unavoidable impacts associated with the project, as the project does not result in any significant and unavoidable impacts.
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4.0 GENERAL CEQA FINDINGS
Based on the foregoing Findings and the information contained in the administrative record, and as conditioned by the foregoing, the City has determined the following:

1. The plans for the proposed project have been prepared and analyzed so as to provide for public involvement in the planning and the CEQA processes.

2. To the degree that any impacts described in the Draft EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effect of such impacts has been substantially lessened or avoided by the mitigation measures set forth in the Draft and Final EIR.

3. Comments regarding the Draft EIR received during the public review period have been adequately addressed in the Final EIR. Any significant effects described in such comments were avoided or substantially lessened by the mitigation measures described in the Draft and Final EIR.

4.1 FINDINGS REGARDING RECIRCULATION
The City finds that the Draft EIR does not require recirculation under CEQA (CEQA Section 21092.1, CEQA Guidelines Section 15088.5). CEQA Guidelines Section 15088.5 requires recirculation of an EIR prior to certification of the Final EIR when “significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review.” As described in CEQA Guidelines Section 15088.5:

New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that:

1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented;

2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance;

3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it;

4. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

In addition, CEQA Guidelines Section 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simply because new information is added to an EIR; 1299
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indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post-Draft EIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is “intended to be an exception rather than the general rule” (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132).

As such, the City makes the following Findings:
• None of the public comments submitted to the City regarding the Draft EIR present any significant new information that would require the Draft EIR to be recirculated for public review. • No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts.
• The Draft EIR adequately analyzed project alternatives and there are no feasible alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. • The Draft EIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment.

In this legal context, the City finds that recirculation of the Draft EIR prior to certification is not required.

In addition to providing responses to comments, the Final EIR includes revisions to expand upon information already presented in the Draft EIR; explain or enhance the evidentiary basis for the Draft EIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the Draft EIR. The Final EIR’s revisions, clarifications, and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the Final EIR demonstrates that the proposed project would not result in any new significant impacts or increase the severity of a significant impact compared to the analysis presented in the Draft EIR. The changes reflected in the Final EIR also do not indicate that meaningful public review of the Draft EIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required because revisions to the EIR are not significant as defined in Section 15088.5 of the CEQA Guidelines. 1300
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11.0 MITIGATION MONITORING AND

REPORTING PROGRAM

11.1 INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires that, whenever a public agency approves a project based on a Mitigated Negative Declaration or an Environmental Impact Report (EIR), the public agency shall establish a mitigation monitoring or reporting program to ensure that all adopted mitigation measures are implemented.

The mitigation monitoring and reporting program (MMRP) contained herein is intended to satisfy this requirement of the CEQA Guidelines as it relates to the Temporary Outdoor Vehicle Storage Facility Project (project). This MMRP is intended to be used by City of Oxnard (City) staff to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were developed in the Draft EIR and finalized in the Final EIR prepared for the proposed project.

The Final EIR for the proposed project presents a detailed set of mitigation measures required for implementation. As noted above, the intent of the MMRP is to ensure the effective implementation and enforcement of all adopted mitigation measures. The MMRP will also provide for monitoring of construction activities, as necessary, and in the field identification and resolution of environmental concerns.

11.2 PURPOSE OF THE MITIGATION MONITORING AND

REPORTING PROGRAM
This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a sufficient manner before and during project construction and operation. The MMRP may be modified by the City during project implementation, as necessary, in response to changing conditions or other refinements. The MMRP table has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies each mitigation measure or standard condition; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. The numbering of mitigation measures and standard conditions follows the numbering sequence found in the Final EIR.

11.3 ROLES AND RESPONSIBILITIES
Unless otherwise specified herein, the City is responsible for taking all actions necessary to implement the mitigation measures under its jurisdiction according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The City, 1301
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at its discretion, may delegate implementation responsibility or portions thereof to a licensed contractor or other designated agent. The City would be responsible for overall administration of the MMRP and for verifying that City staff members and/or the construction contractor has completed the necessary actions for each measure.

Section 21081.6 of the Public Resources Code requires the lead agency to identify the “custodian of documents and other material” which constitutes the “record of proceedings” upon which the action on the project was based. Inquiries should be directed to:

City of Oxnard Community Development Department
Planning & Environmental Services Division
214 South C Street
Oxnard, California, 93030

11.4 REPORTING
Upon completion of the project, the City’s Planning Manager shall prepare a monitoring report on the compliance of the activity with the required mitigation measures. Information regarding inspections and other requirements shall also be compiled and explained in monthly or annual reports, as relevant. Information regarding inspections and other requirements shall be compiled and explained in the report. The report shall be designed to simply and clearly identify whether mitigation measures have been adequately implemented. At a minimum, each report shall identify the mitigation measures or conditions to be monitored for implementation, whether compliance with the mitigation measures or conditions has occurred, the procedures used to assess compliance, and whether further action is required.
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MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TEMPORARY OUTDOOR VEHICLE STORAGE

FACILITY PROJECT

FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)

5.1 AESTHETICS
Implementation of the
proposed project could
substantially degrade
the visual
character/quality of the
site and its
surroundings
(Threshold AES-3).

SC AES-1: Prior to the issuance of building permits,
the Applicant shall submit two copies of landscape
and irrigation plans, along with appropriate permit
application and fees, to the Development Services
Division and obtain approval of such plans.

Prior to the issuance of
building permits.

One time prior to issuance
of building permits.

Applicant
SC AES-2: Prior to the issuance of a certificate of
occupancy, the Applicant shall install landscape and
automatic irrigation systems.

Prior to the issuance of a
certificate of occupancy.

Installation occurs one
time prior to the issuance
of a certificate of
occupancy.

Applicant
SC AES-3: Prior to the issuance of a certificate of
occupancy, the Applicant shall provide a watering
schedule to the site manager and to the Planning
Division or designee. The irrigation system shall
include automatic rain shut-off devices, or
instructions on how to override the irrigation system
during rainy periods.

Prior to the issuance of a
certificate of occupancy.

Provision of water
schedule occurs one time
prior to the issuance of a
certificate of occupancy.

Recommendations of the
watering schedule must
be implemented
throughout project
implementation.

Applicant
SC AES-4: The Applicant shall install an irrigation
system that includes a water sensor shut-off device
as a water conservation measure.

During project construction
and prior to project operation.

Installation occurs one
time during project
construction.

Ongoing maintenance
should occur when
necessary during project
implementation to ensure
sufficiency of irrigation
system.

Applicant
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Verification
(Date/Initials/
Comments)
SC AES-5: All trees planted or placed on the
property by the Applicant shall be a minimum of 24-
inch-box size. All shrubs and vines shall be at least
five-gallon size, except as otherwise specified by
the Special Use Permit.

During project construction
and prior to project operation.

Installation occurs one
time during project
construction.

Applicant
SC AES-6: The Applicant shall properly maintain
landscape planting and all irrigation systems as
required by the City Code and as specified by Special
Use Permit for the life of the project. Failure of the
Applicant to do so may result in the revocation of this permit and initiation of legal proceedings against
Applicant to ensure compliance.

Ongoing during project
operation for the life of the 5-
year Special Use Permit.

Ongoing during project
operation for the life of the
5-year Special Use Permit
as required by the City
Code.

Applicant
SC AES-7: The Applicant agrees that the project
has aesthetic impacts arising from conversion of
undeveloped land to developed land, which the
landscaping improvements for the project are
intended to mitigate. The Applicant further agrees
that the landscaping improvements must be
maintained for the life of the permit in order to
continue to mitigate such impacts.

Ongoing during project
operation for the life of the 5-
year Special Use Permit.

Ongoing during project
operation for the life of the
5-year Special Use Permit
as required by the City
Code.

Applicant
MM AES-1: The Applicant shall install chain-link
fencing with top and bottom rails to provide support
for plants.

During project construction
and prior to project operation.

Installation occurs one
time during project
construction.

Applicant
MM AES-2: In locations where chain-link gates are
proposed and plants cannot grow, the Applicant
shall install either privacy slats on the chain-link
gates or solid gates to block views onto the site.

During project construction
and prior to project operation.

Installation occurs one
time during project
construction.

Applicant
MM AES-3: Prior to vegetation maturation that
effectively buffers views onto the project site, the
Applicant shall install screening fabric on the chainlink fencing or other alternative temporary measures approved by the City to fill gaps in the vegetation.

Prior to vegetation maturation
that effectively buffers views
onto the project site.

Ongoing during project
operation for the life of the
5-year Special Use
Permit.

Applicant
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Verification
(Date/Initials/
Comments)
Applicant should regularly
assess vegetation to
determine whether
screening fabric or other
alternative temporary
measures are necessary.

Once vegetation has
matured to effectively
buffered views to the project
site, the Applicant should
remove fabric screening in
those areas.

MM AES-4: The Applicant shall provide visual
screening of the existing water utility
structure/chain-link fence enclosure on the
southeast corner of Hueneme Road and Perkins
Road complementary to the screening established
with the project.

During project construction
and prior to project operation.

Installation occurs during
project construction. Visual
screening methods should
complement the screening
established for the project.

Applicant should regularly
assess screening to ensure
it is sufficient and address
any degradation.

Applicant
Implementation of the
proposed project could
create a source of
substantial light or
glare, which could
affect daytime and/or
nighttime views in the
area (Threshold
AES-5).

SC AES-8: The project must comply with the
Outdoor Lighting Code & Guideline:
a. Outdoor lighting shall comply with Title 24,
Part 6, of the California Code of
Regulations: California’s Energy
Efficiency Standards for Residential and
Nonresidential Buildings.
b. All outdoor lighting shall be flat lens, full
cut-off fixtures with the light source fully
shielded with the exception of:

Ongoing during project
construction and operation.

Lighting installation occurs
during project
construction.

Ongoing compliance with
the Outdoor Lighting Code
& Guideline is required for
the life of the project
during the 5-year Special
Use Permit, consistent
Applicant
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
i. Luminaires with a maximum
output of 260 lumens per fixture,
regardless of number of bulbs
(equal to one 20-watt
incandescent light), may be left
unshielded provided the fixture
has an opaque top to keep light
from shining directly up.
ii. Luminaires that have a
maximum output of 1,000
lumens per fixture, regardless of
number of bulbs (equal to on
60-watt incandescent light) may
be partially shielded provided
the bulb is not visible, and the
fixture has an opaque top keep
light from shining directly up.
c. Oxnard City Code 16-320: Lighting within
physical limits of the area required to be
lighted shall not exceed seven foot-candles,
nor be less than one foot-candle at any
point. A light source shall not shine upon, or
illuminate directly any surface other than the
area required to be lighted. No lighting shall
be of a type or in a location that constitutes a
hazard to vehicular traffic, either on private
property or on the abutting streets. The
height of light standards shall not exceed 26
feet. To prevent damage from automobiles,
standards shall be mounted on reinforced
concrete pedestals or otherwise protected.
with the Oxnard City
Code.
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
SC-AES-9: Lighting instruments shall be metal
halide, LED, or similar in nature and spectrum
(3,000K to 20,000K Correlated Color Temperature).

Ongoing during project
construction and operation
Lighting installation occurs
during project
construction.

Maintenance and
replacement of lightbulbs
consistent with this
standard condition is
required during the life of
the project.

Applicant
SC AES-10: Lighting instruments shall be installed
so that light does not directly illuminate property
outside the project site. Instruments shall not create
glare for motorists or pedestrians.

Ongoing during project
construction and operation
Lighting installation occurs
during project
construction.

Maintenance and
replacement of lightbulbs
consistent with this
standard condition is
required during the life of
the project.

Applicant

5.4 Biological Resources
The proposed project
could have a
substantial adverse
effect on sensitive or
special status biological
resources, or riparian
habitats, or natural
communities
(Threshold BIO-1,
Threshold BIO-2).

MM BIO-1: To avoid the disturbance of nesting and
special-status birds, including raptor species
protected by the Migratory Bird Treaty Act (MBTA)
and California Fish and Game Code (CFGC),
activities related to the project including, but not
limited to, vegetation removal, ground disturbance,
demolition, and construction shall occur outside of
the bird breeding season (February 1 through
August 31), if practicable.

Conduct survey during
project planning or design to
allow lead time for mitigation
planning and implementation.

Report to be provided prior to
any ground disturbance.

No further action required if
surveys are negative, or if
habitat can be avoided.

Initial survey and
reporting.

Conduct monitoring if
required to comply with
Game Code Section 1600
and/or Sections 401 and
404 of the Clean Water
Act.

Applicant
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Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
If construction must begin during the breeding
season, then a pre-construction nesting bird survey
shall be conducted no more than seven (7) days
prior to initiation of ground disturbance and
vegetation removal activities.

The pre-construction nesting bird survey shall be
conducted on foot inside the project site, including a
50-foot buffer and in inaccessible areas (e.g.,
private lands) from afar using binoculars, to the
extent practicable. The survey shall be conducted
by a biologist familiar with the identification of avian species known to occur in southern California.

If nests are found, an avoidance buffer (dependent
upon the species, the proposed work activity, and
existing disturbances associated with land uses
outside of the site) shall be determined and
demarcated by the biologist with bright orange
construction fencing, flagging, construction lathe, or
other means. All construction personnel shall be
notified as to the existence of the buffer zone and to
avoid entering the buffer zone during the nesting
season. No ground-disturbing activities shall occur
inside this buffer until the avian biologist has
confirmed that breeding/nesting is complete and the
young have fledged the nest. Encroachment into the
buffer shall occur only if authorized by the qualified
biologist, who shall monitor activities to ensure that
nesting birds are not adversely affected.

Comply with Fish and Game
Code Section 1600 and/or
Sections 401 and 404 of the
Clean Water Act if surveys
are positive and habitat
cannot be avoided.

Incorporate measures into
construction contracts, as
relevant.
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
In addition, for any construction activities, the
applicant shall retain the services of a qualified
biologist or environmental resources specialist to
conduct sensitive species surveys (including birds
and other terrestrial species) of the project site. The environmental resources specialist shall conduct
surveys no more than two weeks prior to the
approved construction activities to detect any active
sensitive species. In the event that any sensitive
species are present in or adjacent to the
construction area but do not exhibit reproductive
behavior and are not within the estimated
breeding/reproductive cycle of the subject species,
the environmental resources specialist shall
implement a resource avoidance program with
sufficient buffer areas to ensure adverse impacts to
such resources are avoided.

5.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
The proposed project
could result in a
substantial adverse
change in the
significance of a unique
archaeological
resource pursuant to
state CEQA Guidelines
Section 15064.5
(Threshold CTC-2).

MM CUL-1: Archaeological Monitoring. Prior to
ground disturbance activities, the Applicant and/or
subsequent responsible parties shall retain a
Principal Investigator/Archaeologist, meeting the
Secretary of the Interior’s Standards, and with
experience in California prehistoric and historic
resources (experience within Ventura County
preferred ), to complete the following: compose a
Cultural Resource Monitoring and Inadvertent
Discovery Plan (Plan), manage archaeological
monitoring and address any inadvertent discoveries
identified during project implementation. The
purpose of the Plan is to outline cultural monitoring
(archaeological and Native American/Tribal)
A Principal
Investigator/Archaeologist
shall be retained prior to
ground-disturbance activities.

Monitoring is ongoing during
ground-disturbing activities.

Incorporate measure into
construction contracts.

Ongoing during grounddisturbing activities.Applicant
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Verification
(Date/Initials/
Comments)
protocols and a program of treatment and mitigation
in the case of an inadvertent discovery of cultural
(archaeological or Native American/Tribal)
resources during ground-disturbing phases and to
provide for the proper identification, evaluation,
treatment, and protection of any cultural resources
in accordance with CEQA throughout the duration of
the Project. Existence and importance of adherence
to this Plan shall be stated on all Project site plans
intended for use by those conducting the ground
disturbing activities.

The requirement for archaeological monitoring shall
be noted on all construction plans to ensure
implementation. Upon completion of all ground
1310
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
disturbing activities, an archaeological monitoring
report shall be prepared within 30 business days
following completion of ground disturbance and
submitted to the City for review. This report shall
document compliance with approved cultural
mitigation, all monitoring efforts, and include an
appendix with daily monitoring logs. The final report
shall be submitted to the City and the South Central
Coastal Information Center.

MM-CUL-2: Native American/Tribal Monitoring -
Prior to ground disturbance activities, the Applicant
and/or subsequent responsible parties shall retain a
Native American/Tribal monitor/entity selected from
the list of California Native American Tribes
(maintained by the NAHC) and that are traditionally
and culturally affiliated with the geographic area of
the Project site. The Applicant and/or subsequent
responsible parties shall make arrangements with
the Native American/Tribal monitor/entity to enter
into a contract with the intent of securing a total of
one Native American/Tribal monitor to be present
during initial ground disturbance. Initial ground
disturbance is defined as initial construction-related
earthmoving of sediments from their place of
deposition. As it pertains to cultural resource
(archaeological or Native American/Tribal)
monitoring, this definition excludes movement of
sediments after they have been initially disturbed or
displaced by current Project-related construction.

The Plan created in compliance with MM-CUL-1
shall be provided to the Native American/Tribal
monitor/entity under contract prior to
A Native American/Tribal
Monitor shall be retained prior
to ground-disturbance
activities.

Monitoring is ongoing during
ground-disturbing activities.

Incorporate measure into
construction contracts.

Ongoing during grounddisturbing activities.Applicant
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More than one monitor may be required if multiple
areas within the Project site are simultaneously
exposed to initial ground disturbance causing
monitoring to be hindered by the distance (more
than 200 feet apart) of the simultaneous activities.

5.7 GEOLOGY AND SOILS
Implementation of the
proposed project could
result in the risk of loss,
injury, or death due to
strong seismic ground
shaking (Threshold
GEO-1b).

MM GEO-1: Prior to issuance of grading permits,
the Applicant or designee shall prepare and submit
a soils, geologic, and structural evaluation report
prepared by a registered soils engineer and/or
structural engineer for review and approval by the
City of Oxnard Building and Engineering Division.

The recommendations in the report shall be
implemented during site grading and construction.

Prior to issuance of grading
permits
Report must be submitted
prior to issuance of
grading permits.

Recommendations in the
report shall be
implemented during site
grading and construction
on an ongoing basis
during construction
activities.

Applicant
Review by City of
Oxnard Building and
Engineering
Division.

5.9 HAZARDOUS MATERIALS USE, GENERATION, TRANSPORT, OR DISPOSAL The proposed project
could result in an
increased risk of upset
associated with the
routine use, generation,
transport, or disposal of
hazardous materials
(Threshold HAZ-1).

SC HAZ-1: Prior to issuance of the grading permit,
the Applicant shall submit a Safety Plan to the City
of Oxnard Fire and Planning Departments. The
Safety Plan shall address best management
practices to address how vehicles are inspected for
leakage and how liquids and vehicle fluids are
inspected to ensure release does not occur. The
Safety Plan is subject to review and approval by the
City of Oxnard Fire and Planning Departments.

Prior to issuance of grading
permits
Safety Plan must be
submitted prior to
issuance of grading
permits.

Recommendations in the
report shall be
implemented during
project operation on an
ongoing basis.

Applicant
Review by City of
Oxnard Fire and
Planning
Departments

5.10 HYDROLOGY AND WATER QUALITY
The proposed project
could cause a violation
SC HYD-1: The Applicant shall design project to
minimize degradation of stormwater quality by
During project design. Stormwater quality
calculations and
Applicant
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Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
of any adopted water
quality standards or
waste discharge
requirements
(Threshold HYD-1).
complying with the applicable sections of the Los
Angeles Regional Water Quality Control Board’s
municipal separate storm sewer system (MS4)
permit (Order R4-2010-0108 including all revisions)
for new development and redevelopment projects.

The Applicant shall submit stormwater quality
calculations and associated construction plans
demonstrating compliance with the MS4 permit.

Calculations shall generally be organized to follow
the steps outlined in Chapter 2 of the 2011
Technical Guidance Manual for Stormwater Control
Measures (2011 TGM).

Stormwater quality
calculations and associated
construction plans
demonstrating compliance
with the MS4 permit must be
submitted prior to issuance of
building or grading permits
(whichever comes first).
associated construction
plans demonstrating
compliance with the MS4
permit must be submitted
prior to issuance of
building or grading permits
(whichever comes first).

Ongoing compliance with
the MS4 permit is required
during the life of the
project.

SC HYD-2: The Applicant’s stormwater quality
calculations shall include site specific analysis and
recommendations from a geotechnical engineer,
and if applicable, a landscape architect for design
and implementation of stormwater treatment and
infiltration devices. Geotechnical Engineering
analysis and recommendations shall include, but
not necessarily be limited to, determination of sitespecific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers,
appropriate compaction rates, recommendations to
enhance infiltration, and other requirements of the
2011 TGM. Landscape architectural
recommendations shall include, but not necessarily
be limited to, suggestions regarding appropriate
vegetation and soil amendments for vegetated
infiltration devices. Project plans shall implement
approved design recommendations.

Stormwater quality
calculations and infiltration
plans must be determined
during project design.

Engineering and architectural
recommendations shall be
implemented throughout the
life of the project.

Stormwater issues will be
addressed during project
design.

Ongoing compliance with
the 2011 Technical
Guidance Manual for
Stormwater Control
Measures is required
throughout the life of the
project.

Applicant
Recommendations
required from a
geotechnical
engineer, and if
applicable, a
landscape architect
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)
SC HYD-3: Using forms provided by the
Development Services Division, the Applicant shall
submit a stormwater quality control measures
maintenance and operations plan (the Plan) for this
project. If the BMPs implemented with this project
include proprietary products that require regular
replacement and/or cleaning, the Applicant shall
provide proof of a contract with an entity qualified to provide such periodic maintenance. The property
owner is responsible for the long-term maintenance
and operation of all BMPs included in the project
design. Upon request by the City, property owner
shall provide written proof of ongoing BMP
maintenance operations. No grading or building
permit shall be issued until the Development
Services Manager approves the Plan and the
Applicant provides an executed copy of the City’s
stormwater covenant with the Plan included as an
exhibit for recordation by the City.

During project design and
prior to issuance of grading
and building permits
(whichever comes first).

Ongoing long-term
maintenance and
operation of all BMPs
included in the project
design.

Upon request by the City,
property owner shall
provide written proof of
ongoing BMP
maintenance operations.

Applicant
The property owner
is responsible for
the long-term
maintenance and
operation of all
BMPs included in
the project design.

SC HYD-4: The Applicant shall install ‘Full Capture
System Devices’ (Devices) certified by the State
Water Resources Control Board Executive Director
in compliance with the Statewide Trash
Amendments (Amendments) in all catch basins
accepting stormwater runoff from any portion of this
project that meets the definition of ‘Priority Land
Use’ as defined by the Amendments at the time of
issuance of a grading/site improvement permit. The
Devices shall be sized and designed in accordance
with requirements of the Amendments and the
Technical Guidance Manual for Stormwater Quality
Control Measures (TGM).

Installation occurs once
during project construction.

Ongoing maintenance as
needed to ensure the
system is sufficient.

Applicant
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FINAL ENVIRONMENTAL IMPACT REPORT
Impact Mitigation Measure/Standard Condition Implementation Timing Monitoring Frequency Responsible Party Compliance
Verification
(Date/Initials/
Comments)

5.17 POLICE PROTECTION
The proposed project
could increase the
demand for police
protection service such
that new or expanded
facilities would be
needed to maintain
acceptable service
levels, the construction
of which may have
significant
environmental effects
(Threshold PP-1).

MM PP-1: Prior to construction, the Applicant shall
prepare a Traffic Control Plan for implementation
during the construction phase, as deemed
necessary by the City Traffic Engineer. The Plan
may include the following provisions, among others:
● At least one unobstructed lane shall be
maintained in both directions on the following
surrounding roadways: Hueneme Road and
Perkins Road.
● At any time only a single lane is available, the
Applicant shall provide a temporary traffic
signal, signal carriers (i.e., flag persons), or
other appropriate traffic controls to allow travel
in both directions.
● If construction activities require the complete
closure of a roadway segment, the Applicant
shall provide appropriate signage indicating
detours/alternative routes.

Traffic Control Plan must be
developed prior to
construction, and must be
implemented during project
construction.

Ongoing implementation
during project
construction.

No action required during
project operation.

Applicant
Review by City
Traffic Engineer
required.
1315
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

UPHOLDING THE PLANNING COMMISSION DECISION APPROVING
PLANNING AND ZONING PERMIT NO. 18-500-02 (SPECIAL USE PERMIT) TO

ALLOW FOR THE CONSTRUCTION OF A TEMPORARY OUTDOOR VEHICLE

STORAGE FACILITY WITH A MOBILE GUARDHOUSE/OFFICE, PORTABLE

RESTROOM, PORTABLE LIGHT FIXTURES, DRAINAGE IMPROVEMENTS, CAPACITY FOR 4,944 VEHICLES ON A GRAVEL SURFACE, LANDSCAPING AND FENCING ON TWO LOTS (FOR A TOTAL OF APPROXIMATELY 34 ACRES),

LOCATED AT THE SOUTHEAST CORNER OF HUENEME ROAD AND PERKINS

ROAD, AND BOUNDED BY HUENEME ROAD TO THE NORTH, URBAN

DEVELOPMENT TO THE EAST, THE UNION PACIFIC RAILROAD TO THE

SOUTH, AND THE ADVANCED WATER PURIFICATION FACILITY AND PERKINS ROAD TO THE WEST (APN’S 231-0-092-105, AND 231-0-092-245).

FILED BY APPLICANT CHRISTINA BIRDSEY, 333 PONOMA STREET, PORT HUENEME, CALIFORNIA 93044-0608 ON BEHALF OF PROPERTY OWNER A&J OXNARD LLC, 18980 VENTURA BOULEVARD, UNIT 200, TARZANA, CALIFORNIA 91356.

WHEREAS, on March 29, 2018, Christina Birdsey (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 18–500-02 (Special Use Permit) to construct a temporary outdoor vehicle storage facility with a mobile guardhouse/office, portable restroom, portable light fixtures, drainage improvements, capacity for 4,944 vehicles on a gravel surface, landscaping and fencing on two lots (for a total of approximately 34 acres), located a the southeast corner of Hueneme Road and Perkins Road, and bounded by Hueneme Road to the north, urban development to the east, the Union Pacific Railroad to the south, and the Advanced Water Purification Facility and Perkins Road to the west (APNs: 231-0-092-105 and 231-0-092-245) (the “Project”); and
WHEREAS, the the City of Oxnard as the Lead Agency, has prepared an EIR (State Clearinghouse No. 2020069039) in accordance with 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; and WHEREAS, on October 20, 2022, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the proposed Project, in accordance with Sections 16-536 and 16-651 of the Oxnard City Code (OCC) and considered the Certification of Final Environmental Impact Report (Final EIR) No. 22-01 pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, on October 20, 2022, the Planning Commission found that the Final EIR was completed in compliance with CEQA and reflects the independent judgment of the City; and
WHEREAS, on October 20, 2022, the Planning Commission of the City of Oxnardvoted voted 1316
Resolution No. __________ (PZ 18-500-02; Port Temporary Vehicle Storage) City Council: December 6, 2022
Attachment 7 - Resolution (Special Use Permit)

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4-1, with two commissioners recused, to approve Planning Commission Resolutions 2022-35 and 2022-36, to certify Final EIR No. 22-01 and approve the Project, subject to certain findings and conditions in accordance with Section 16-530 through 16-553 of Oxnard City Code; and
WHEREAS, on November 7, 2022, the Appellant filed an appeal of the decision of the Planning Commission to certify the Final EIR No. 22-01 and grant Planning and Zoning Permit No. 18-500-02 (Special Use Permit) for the Project; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Appellant’s Appeal of the Planning Commission’s decision to certify Final EIR No. 22-01 and approve Planning and Zoning Permit No. 18–500-02 (Special Use Permit) in accordance with Oxnard City Code Sections 16-530 through 16-553 of the Oxnard City Code; and
WHEREAS, on December 6, 2022, the City Council also reviewed all of the information provided in the staff report, attachments, environmental document, and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information; and WHEREAS, the comments of the Councilmembers, agencies, interested groups, and members of the public have received adequate responses.

WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the project meets the criteria set out in Sections 16-536 and 16-651 of the OCC; and WHEREAS, the Project has been reviewed by the Development Advisory Committee (DAC) and the DAC has prepared conditions of approval that are incorporated within the recommended permits; and
WHEREAS, the City Council finds that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the City Council Staff Report; and
WHEREAS, on December 6, 2022, the City Council reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information; and
WHEREAS, on December 6, 2022, the City Council finds after due study and deliberation that the that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular.

WHEREAS, the proposed project is consistent with the following:
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD APPROVES PLANNING AND ZONING PERMIT NO. 18-500-02 (SPECIAL USE PERMIT), SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS::

SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the Special Use Permit Staff Report and all attachments thereto, the City Council finds:

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

The Project site has 2030 General Plan land use designations of Industrial Limited (ILT) and Park (PRK) and a zoning designation of Light Manufacturing with Planned Development Additive Zone (M-1-PD). The proposed project includes the development of temporary structures for temporary vehicle storage. Given the temporary use of the site for outdoor vehicle storage for a maximum of five years and that the proposed project does not include permanent structures, the proposed project does not preclude future development for park land or other industrial land uses. As discussed in detail in the Planning Commission Staff Report (Sections 6 b, c, Attachment D, and Attachment E) the Project, as designed and conditioned, meets all applicable development standards. Therefore, the proposed project is in compliance with the 2030 General Plan and other adopted policies of the City of Oxnard and meets this Finding.

2. The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed Special Use Permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to the adjacent uses, buildings or structures or to the public health, safety or general welfare.

As described in the Staff Report, pursuant to the 2030 General Plan land use designation of Industrial Limited (ILT) and Park (PRK) and the zoning designation of Light Manufacturing with Planned Development Additive Zone (M-1-PD), the proposed use of the project site as a temporary vehicle storage facility, is an allowed use, subject to a Special Use Permit (OCC §16-163). The surrounding uses are characterized by light industrial, commercial, and residential uses, which are predominantly light industrial facilities (commercial trucking facility, Advanced Water Purification Facility), commercial shopping centers, a four lane road (Hueneme Road), single-family residences, railroad tracks and open space. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building, Fire, and Traffic Codes. Therefore, the proposed use and improvements, as conditioned, will not adversely affect or be materially detrimental to the adjacent uses, buildings or structures or to the public health, safety or general welfare.
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3. The site that is subject to the Special Use Permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and items which may be required by Section 16-532 (Conditions).

As described in the Staff Report, the project as designed and conditioned meets the development standards of the Light Manufacturing with Planned Development Additive Zone (M-1-PD) zone as described above in Finding Section 1(1). Pursuant to the Zoning Code, the Project has been designed to be consistent with the maximum building height, front, side and rear setbacks, and lot coverage. As detailed in the Staff report, the project site is approximately 34 acres which is adequate to accommodate the required 12 employee parking spaces and the required 30-foot landscape buffer along Hueneme Road. As such, the subject site is adequate in terms of size and as developed the development meets or exceeds City’s design standards.

4. The site that is subject to the Special Use Permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

As described in the Staff Report, the project site will include two driveways for vehicular access from Perkins Road and one driveway for emergency vehicle only access from Hueneme Road. The proposed driveway access would provide sufficient access to the site and would allow for adequate circulation around the site. As described in the EIR, the project will have less than significant impacts to the City roadway network and roadway improvements are not required as a result of the project. Therefore, the site has sufficient access to streets and highways that are adequate in size and existing intersections adjacent to the project site will operate at acceptable levels of service.

5. The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.

As described in the Staff Report, the project includes a portable restroom that will be serviced as needed by a waste-services provider. The project also includes a temporary guardhouse/office building that does not require water. The site will include two driveways for vehicular access from Perkins Road and one driveway for emergency vehicle only access from Hueneme Road. The proposed Project includes drainage improvements along the southeastern side of the site. Furthermore, the Project was reviewed by the Development Advisory Committee for adequate utilities and services. In accordance with the Stormwater Quality Conditions of this Resolution, the Project’s design will comply with stormwater control measures as required by the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit. The Project is consistent with the level of development identified under the General Plan and Oxnard City Code, and therefore is within the anticipated level of development. The project is not anticipated to result in any significant impacts to utilities and public services. Therefore, the site 1319
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for the proposed use will be provided with adequate sewage, water, fire protection and storm drainage facilities.

SECTION 2. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that after implementation of standard conditions and mitigation measures identified in the Final EIR, all potentially significant impacts associated with the proposed project would be reduced to less than significant levels. The Planning & Environmental Services Manager is hereby authorized to file a Notice of Determination with the Ventura County Clerk pursuant to Section 15094 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION 3. Based on the findings set forth herein and the Staff Report and all attachments thereto, the City Council hereby approves Planning and Zoning Permit No. 18-500-02 (Special Use Permit), subject to the attached conditions of approval.

SECTION 4. The decision of the City Council shall be final pursuant to Section 16-551 of the Oxnard City Code.

SECTION 5. The Secretary shall certify the adoption of this Resolution.

CONDITIONS OF APPROVAL
Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).

DEPARTMENTS AND DIVISIONS
CA City Attorney PL Planning
DS Dev Services/Eng Dev/Inspectors TR Traffic
PD Police B Building Plan Checker
SC Source Control FD Fire
PK Landscape Design CE Code Enforcement
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GENERAL PROJECT CONDITIONS

1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another. (PL, G-1).

2. This permit is granted for the plans dated October 20, 2022, (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a minor modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a major modification to the plans is approved by the Planning Commission. A minor modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A major modification shall be required for substantial changes or increases in such items. (PL, G-2)

3. This permit shall automatically become null and void 36 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by the issuance of a grading, foundation, or building permit and the construction of substantial improvements. (PL, G-3)

4. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows the Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)

5. By commencing any activity related to the project or using any structure authorized by this permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)

6. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-6)

7. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-7)

8. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-8) 1321
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9. Developer shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9)

10. Before placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Except as provided in the sign permit, Developer may not change any signs on the project property. (PL/B, G-10)

11. Developer shall obtain a building permit for any new construction or modifications to structures, including interior modifications, authorized by this permit. (B, G-11)

12. Developer shall not permit any combustible refuse or other flammable materials to be burned on the project property. (FD, G-12)

13. Developer shall not permit any materials classified as flammable, combustible, radioactive, carcinogenic or otherwise potentially hazardous to human health to be handled, stored or used on the project property, except as provided in a permit issued by the Fire Chief. (FD, G-13)

14. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)

15. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).

LANDSCAPE CONDITIONS

16. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1)

17. Prior to issuance of building permits or the proposed use is initiated, whichever comes first, Developer shall submit two copies of landscape and irrigation plans, along with the appropriate permit application and fees, to the Development Services Division and obtain approval of such plans. (PK/DS, PK-2)

18. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic irrigation systems that have been approved by the Parks and Facilities Superintendent. (PK, PK-3)

19. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensue compliance (PK, PK-4)
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20. Prior to the issuance of City issues a certificate of occupancy, Developer shall provide a watering schedule to the building owner or manager and to Planning Division or designee.

The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (PK, PK-5)

21. All trees planted or placed on the property by Developer shall be at least 24-inch-box size.

All shrubs and vines shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6)

22. At the time of landscape plan check submittal, the landscape planting and irrigation plans shall comply with the current title 23 Model Water Efficient Landscape Ordinance (MWELO). (PK, PK-7.1)

23. Developer shall install an irrigation system that includes a water sensor shut off device as a water conservation measure. (PK, PK-22)

24. At time of submittal to the Building and Engineering Division for plan check, Developer’s Landscape Architect or Architect shall provide the City with written confirmation that they have reviewed the civil engineering construction drawings and that the NPDES requirements are not in conflict with meeting the City’s landscape requirements. (PK, PK-23)

25. Developer shall include a note on the Landscape Plans submitted to the Building and Engineering Division for a building permit that “all landscaping and irrigation comply with Ordinance No. 2822, which adopted the City of Oxnard Landscape Water Conservation Standards, and applicable water conservation requirements of the State of California”. (PK, PK-24)

26. At the time of Plan Check submittal, the landscape plans shall contain an exhibit titled “Tree Tabulation Chart”. The Tree Tabulation Chart shall contain a listing of all existing trees on site and shall refer to them by number as identified in the Arborist’s Tree Report. The Tree Tabulation Chart shall clearly list all trees to remain, be removed or transplanted. The Chart shall contain the Arborist’s economic appraisal value of each tree(s) removed as well as computations and calculations showing how the value of the removed tree(s) was put back into new tree sizes for the project that are in addition to meeting the City’s minimum tree size of 24” box. (PK)

27. Consistent with the City Council Resolution 15,569 which declared a continuance of the Stage 2 water shortage condition within the City of Oxnard, the project is required to implement and maintain the mandatory water conservation requirements for as long as City Council Resolution 15,569 is in effect or is amended/replaced by the City of Oxnard.

PLANNING DIVISION CONDITIONS

28. Plans submitted by Developer with building permit applications shall show on the building elevation sheets all exterior building materials and colors, including product and finish 1323
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manufacturer name, color name and number, and surface finish type (such as: stucco with sand finish, plaster with smooth finish) to be used in construction. (PL/B, PL-1)

29. Any application for a minor modification to the project shall be accompanied by four copies of plans reflecting the requested modification, together with applicable processing fees. (PL, PL-2)

30. Before the City issues building permits, Developer shall include a reproduction of all conditions of this permit as adopted by resolution of the Planning Commission and/or the City Council in all sets of construction documents and specifications for the project. (PL, PL-3)

31. Before the City issues building permits, Developer shall provide to the Planning Division Manager color photographic reductions (8 1/2” by 11”) of full-size colored elevations and any other colored exhibit approved by the Planning Commission. Developer may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)

32. Developer may not modify any use approved by this permit unless the Planning Division Manager determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-7)

33. During the plan check review process, the Developer shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within alleyways, pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting. (PL)

34. Prior to issuance of building permits, Developer shall demonstrate that light standards illustrated on conceptual lighting plan do not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet.

35. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. Developer shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street. Developer shall submit a lighting plan showing standard heights and light materials for design review and approval of the Planning Division Manager. (PL/B, PL-8)

36. In order to minimize light and glare on the project property, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9) 1324
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37. During construction, Developer shall water the area to be graded or excavated prior to commencement of grading or excavation operations. Such application of water shall be at least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (B/DS, PL-11)

38. During construction, Developer shall control dust by the following activities:
a. All trucks hauling graded or excavated material offsite shall be required to cover their loads as required by California Vehicle Code section 23114, with special attention to sub sections 23114(b)(2)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. b. All graded and excavated material, exposed soils areas, and active portions of the construction site, including unpaved onsite roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. (B/DS, PL-12)

39. Developer shall provide for dust control at all times during project property preparation and construction activities. (B/DS, PL-13)

40. Developer agrees to participate in a water conservation program that includes refitting water fixtures existing on the project property with water conserving devices within residences or businesses in the City’s water service area, if such a program is in effect when building permits are issued for this project. Among the requirements of such a program might be refitting existing toilets, faucets, shower heads, landscaping irrigation or other fixtures and items that consume water within the structure. (PL, PL-14)

41. Because of water limitations placed upon the City by its water providers, approval of this permit does not guarantee that the City will issue building permits. Issuance of building permits may be delayed as a result of implementation of a water conservation or allocation plan. (PL, PL-15)

42. Prior to issuance of building permits, Developer shall pay a document imaging fee for the planning files in an amount calculated by planning staff at the time of building permit review based on fees then in effect. (PL/B, PL-16)

43. Developer shall participate in the City's Public Art Program by paying the Public Art fee prior to issuance of building permits, in accordance with City Council Resolution No. 14,124. (PL, PL-50)

44. For any exterior utility meter panels, Developer shall paint such panels to match the structure upon which it is located. Such panels shall be located to take advantage of screening (e.g. landscaping or other building elements) from public right-of-ways, to the maximum extent feasible. (PL, PL-43)
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45. Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials and vehicles from the subject property. (PL/B, PL-47)

46. Developer shall remove any and all graffiti from the project premises, within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the underlying colors and/or design, and shall not look like a paint patch. (PL)

47. Before the City issues building permits, Developer shall provide a Graffiti Deterrent Plan, subject to approval of the Planning Division Manager. The plan shall include such elements as clear film on windows and/or mirrors, as well as washable paint and sealers on the building and perimeter walls. (PL)

48. Developer shall ensure that all construction equipment is maintained and tuned to recommended manufacturer's specifications. (MND, C-1)

49. At all times during construction activities, Developer shall minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. (MND, C-2)

50. During construction, Developer shall water the area to be graded or excavated prior to commencement of grading or excavation operations. Such application of water shall be at least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (MND, C-3)

51. During construction, Developer shall control dust by the following activities:
a. All trucks hauling graded or excavated material offsite shall be required to cover their loads as required by California Vehicle Code §23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.
b. All graded and excavated material, exposed soils areas, and active portions of the construction site, including unpaved onsite roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. (MND, C-4)

52. During construction, Developer shall post and maintain onsite signs, in highly visible areas, restricting all vehicular traffic to 15 miles per hour or less. (MND, C-5)

53. During periods of high winds (i.e. wind speed sufficient to cause fugitive dust to impact adjacent properties), Developer shall cease all clearing, grading, earth moving, and excavation operations to prevent fugitive dust from being a nuisance or creating a hazard, either onsite or offsite. (MND, C-6)

54. The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), 1326
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Rule 55 (Fugitive Dust), and Rule 55.1 (Removal of Visible Roadway Accumulations). (MND, C-7)

55. Developer shall mitigate air quality emissions associated with development of the subject site through a contribution to the City’s Transportation Demand Management (TDM) program. Such fee shall be calculated at the time of building permit issuance in accordance with the Ventura County Air Quality Assessment Guidelines, as amended. Such fee shall be collected in full prior to building permit issuance. (MND, C-9)

56. Prior to grading permit approval, Developer shall include on the grading plans a reproduction of all conditions of this permit pertaining to dust control requirements. (PL)

57. The proposed vehicle storage use shall be granted for a time period not to exceed five years from the date of Final Inspection and commencement of the approved use. Upon the expiration of the five (5) year period the site shall be returned to its existing condition within ninety (90) days as follows:
a. The facility may be used to store vehicles only after final Building Permit approval. All vehicles shall be removed from the site no later than five years from the Final Building Permit Inspection.
b. The site shall be returned to its existing condition (the condition prior to development) subject to the required City permits and a plan to be reviewed and approved by the Community Development Director with the following conditions:
the drainage improvements, landscaping, and fencing shall remain on the site and be maintained by the property owner.
c. Prior to the issuance of any Building or Grading Permits for the Project, the Developer (Oxnard Harbor District) or Property Owner shall submit to the City of Oxnard a performance bond of at least $1,500,000.00 for the restoration of the Project site in accordance with Condition of Approval 57(b). The performance bond shall be in a form approved by the City Attorney. The performance bond shall be released upon the completion of all onsite work, to the satisfaction of the Community Development Director.

58. Applicant shall submit payment for all outstanding discretionary permit and environmental processing fees associated with the development project. Funds shall be deposited prior to issuance of a grading permit. (PL).

59. Applicant shall deposit $5,000.00 for mitigation monitoring and reporting associated with the development project, PZ 18-500-02. Such funds shall be deposited prior to issuance of a grading permit. Additional funds may be required throughout the life of the permit as needed for cost recovery related to environmental monitoring. Any additional required funds shall be requested in writing by the Community Development Director and shall be deposited within 10 days of written notification. (PL)

PLANNING ENVIRONMENTAL IMPACT REPORT MITIGATION MEASURES AND

CONDITIONS
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60. Prior to the issuance of building permits, the Applicant shall submit two copies of landscape and irrigation plans, along with appropriate permit application and fees, to the Development Services Division and obtain approval of such plans. (SC AES-1)

61. Prior to the issuance of a certificate of occupancy, the Applicant shall install landscape and automatic irrigation systems. (SC AES-2)

62. Prior to the issuance of a certificate of occupancy, the Applicant shall provide a watering schedule to the site manager and to the Planning Division or designee. The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (SC AES-3)

63. The Applicant shall install an irrigation system that includes a water sensor shut-off device as a water conservation measure. (SC AES-4)

64. All trees planted or placed on the property by the Applicant shall be a minimum of 24- inch-box size. All shrubs and vines shall be at least five-gallon size, except as otherwise specified by the Special Use Permit. (SC AES-5)

65. The Applicant shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by Special Use Permit for the life of the project.

Failure of the Applicant to do so may result in the revocation of this permit and initiation of legal proceedings against Applicant to ensure compliance. (SC AES-6)

66. The Applicant agrees that the project has aesthetic impacts arising from conversion of undeveloped land to developed land, which the landscaping improvements for the project are intended to mitigate. The Applicant further agrees that the landscaping improvements must be maintained for the life of the permit in order to continue to mitigate such impacts. (SC AES-7)

67. The Applicant shall install chain-link fencing with top and bottom rails to provide support for plants. (MM AES-1)

68. In locations where chain-link gates are proposed and plants cannot grow, the Applicant shall install either privacy slats on the chain-link gates or solid gates to block views onto the site. (MM AES-2)

69. Prior to vegetation maturation that effectively buffers views onto the project site, the Applicant shall install screening fabric on the chainlink fencing or other alternative temporary measures approved by the City to fill gaps in the vegetation. (MM AES-3)

70. The Applicant shall provide visual screening of the existing water utility structure/chain-link fence enclosure on the southeast corner of Hueneme Road and Perkins Road complementary to the screening established with the project. (MM AES-4)

71. The project must comply with the Outdoor Lighting Code & Guideline:
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a. a. Outdoor lighting shall comply with Title 24, Part 6, of the California Code of Regulations: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings.
b. b. All outdoor lighting shall be flat lens, full cut-off fixtures with the light source fully shielded with the exception of:
i. Luminaires with a maximum output of 260 lumens per fixture, regardless of number of bulbs (equal to one 20-watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light from shining directly up.
ii. ii. Luminaires that have a maximum output of 1,000 lumens per fixture, regardless of number of bulbs (equal to on 60-watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque top keep light from shining directly up.
c. Oxnard City Code 16-320: Lighting within physical limits of the area required to be lighted shall not exceed seven foot-candles, nor be less than one foot-candle at any point. A light source shall not shine upon, or illuminate directly any surface other than the area required to be lighted. No lighting shall be of a type or in a location that constitutes a hazard to vehicular traffic, either on private property or on the abutting streets. The height of light standards shall not exceed 26 feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected. (SC AES-8)

72. Lighting instruments shall be metal halide, LED, or similar in nature and spectrum (3,000K to 20,000K Correlated Color Temperature). (SC AES-9)

73. Lighting instruments shall be installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians. (SC AES-10)

74. To avoid the disturbance of nesting and special-status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, demolition, and construction shall occur outside of the bird breeding season (February 1 through August 31), if practicable.

If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be 1329
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determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground-disturbing activities shall occur inside this buffer until the avian biologist has confirmed that breeding/nesting is complete and the young have fledged the nest. Encroachment into the buffer shall occur only if authorized by the qualified biologist, who shall monitor activities to ensure that nesting birds are not adversely affected.

75. Archaeological Monitoring. Prior to ground disturbance activities, the Applicant and/or subsequent responsible parties shall retain a Principal Investigator/Archaeologist, meeting the Secretary of the Interior’s Standards, and with experience in California prehistoric and historic resources (experience within Ventura County preferred ), to complete the following:
compose a Cultural Resource Monitoring and Inadvertent Discovery Plan (Plan), manage archaeological monitoring and address any inadvertent discoveries identified during project implementation. The purpose of the Plan is to outline cultural monitoring (archaeological and Native American/Tribal) protocols and a program of treatment and mitigation in the case of an inadvertent discovery of cultural (archaeological or Native American/Tribal) resources during ground-disturbing phases and to provide for the proper identification, evaluation, treatment, and protection of any cultural resources in accordance with CEQA throughout the duration of the Project. Existence and importance of adherence to this Plan shall be stated on all Project site plans intended for use by those conducting the ground disturbing activities.

The Principal Investigator/Archaeologist shall manage archaeological monitoring conducted by archaeological technicians during initial ground disturbances. Initial excavation is defined as initial construction-related earth moving of sediments from their place of deposition. As it pertains to cultural monitoring (archaeological or Native American/Tribal), this definition excludes movement of sediments after they have been initially disturbed or displaced by project-related construction. The retained Principal Investigator/Archaeologist shall oversee and establish monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter cultural deposits or material. The archaeological monitor shall be responsible for maintaining daily monitoring logs. The requirement for archaeological monitoring shall be noted on all construction plans to ensure implementation. Upon completion of all ground disturbing activities, an archaeological monitoring report shall be prepared within 30 1330
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business days following completion of ground disturbance and submitted to the City for review. This report shall document compliance with approved cultural mitigation, all monitoring efforts, and include an appendix with daily monitoring logs. The final report shall be submitted to the City and the South Central Coastal Information Center. (MM CUL-1)

76. Native American/Tribal Monitoring - Prior to ground disturbance activities, the Applicant and/or subsequent responsible parties shall retain a Native American/Tribal monitor/entity selected from the list of California Native American Tribes (maintained by the NAHC) and that are traditionally and culturally affiliated with the geographic area of the Project site.

The Applicant and/or subsequent responsible parties shall make arrangements with the Native American/Tribal monitor/entity to enter into a contract with the intent of securing a total of one Native American/Tribal monitor to be present during initial ground disturbance.

Initial ground disturbance is defined as initial construction-related earthmoving of sediments from their place of deposition. As it pertains to cultural resource (archaeological or Native American/Tribal) monitoring, this definition excludes movement of sediments after they have been initially disturbed or displaced by current Project-related construction.

The Plan created in compliance with MM-CUL-1 shall be provided to the Native American/Tribal monitor/entity under contract prior to commencement of ground disturbing activities. More than one monitor may be required if multiple areas within the Project site are simultaneously exposed to initial ground disturbance causing monitoring to be hindered by the distance (more than 200 feet apart) of the simultaneous activities. (MM CUL-2)

77. Prior to issuance of grading permits, the Applicant or designee shall prepare and submit a soils, geologic, and structural evaluation report prepared by a registered soils engineer and/or structural engineer for review and approval by the City of Oxnard Building and Engineering Division. The recommendations in the report shall be implemented during site grading and construction. (MM GEO-1)

78. Prior to issuance of the grading permit, the Applicant shall submit a Safety Plan to the City of Oxnard Fire and Planning Departments. The Safety Plan shall address best management practices to address how vehicles are inspected for leakage and how liquids and vehicle fluids are inspected to ensure release does not occur. The Safety Plan is subject to review and approval by the City of Oxnard Fire and Planning Departments. (SC HAZ-1)

79. The Applicant shall design the project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (MS4) permit (Order R4-2010-0108 including all revisions) for new development and redevelopment projects. The Applicant shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures (2011 TGM). (SC HYD-1)

80. The Applicant’s stormwater quality calculations shall include site specific analysis and recommendations from a geotechnical engineer, and if applicable, a landscape architect for 1331
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design and implementation of stormwater treatment and infiltration devices. Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of sitespecific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM. Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (SC HYD-2)

81. Using forms provided by the Development Services Division, the Applicant shall submit a stormwater quality control measures maintenance and operations plan (the Plan) for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, the Applicant shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by the City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the Development Services Manager approves the Plan and the Applicant provides an executed copy of the City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (SC HYD-3)

82. The Applicant shall install ‘Full Capture System Devices’ (Devices) certified by the State Water Resources Control Board Executive Director in compliance with the Statewide Trash Amendments (Amendments) in all catch basins accepting stormwater runoff from any portion of this project that meets the definition of ‘Priority Land Use’ as defined by the Amendments at the time of issuance of a grading/site improvement permit. The Devices shall be sized and designed in accordance with requirements of the Amendments and the Technical Guidance Manual for Stormwater Quality Control Measures (TGM). (SC HYD-4)

83. Prior to construction, the Applicant shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed necessary by the City Traffic Engineer. The Plan may include the following provisions, among others:
a. At least one unobstructed lane shall be maintained in both directions on the following surrounding roadways: Hueneme Road and Perkins Road. b. At any time only a single lane is available, the Applicant shall provide a temporary traffic signal, signal carriers (i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.
c. If construction activities require the complete closure of a roadway segment, the Applicant shall provide appropriate signage indicating detours/alternative routes. (MM PP-1)

POLICE DEPARTMENT CONDITIONS

84. Light poles shall be no taller than 26-feet tall. Gas, propane or other hydrocarbon powered generators are not allowed to power the lighting instruments. 1332
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85. Lighting on the site shall follow the perimeter fencing but shall not create “light trespass” off the project area or glare to traffic on adjacent streets. The lighting instruments shall illuminate a corridor that follows the fence-line on the interior perimeter between 1 and 7- foot candles and shall be in operation from dusk to dawn. It is not the intent of this condition to illuminate the whole parking field, but merely that area adjacent to and including the fence line.

86. Lighting instruments shall be LED flat lens with cut-off shields where “light trespass” may be an issue. The flat lens shall be directed toward the ground and shall not be canted to expand the lighting area of coverage.

87. Wall packs are not permitted.

88. A berm, 24-inches above grade, shall run parallel between the fence and the Public-Right-of-Way along Hueneme Road and Perkins Road sides of the project as well as the eastern fence which runs south from Hueneme Road. This berm is intended to supplement the fencing as a security measure. A break in the berm shall exist for gated exit driveways. The berm shall be sufficiently landscaped to deter erosion. Landscape shall be sufficiently irrigated to maintain plantings through the life of the project.

89. Landscape plans shall be submitted to, and approved by, the Planning and Police Departments prior to the issuance of building permits. Landscape plans shall include a table of species to be planted, and include a map of where various species will be located on the site, and call-outs identifying locations of berms, gates and fences.

90. Keys shall not be left in any vehicle on the premises without a responsible party in the vehicle.

If the keys to vehicles stored at the site are maintained in the security facility, then the keys must be secured in a locked cabinet securely affixed to the interior wall of the facility or other means to ensure the keys are not easily removed from the premises.

91. A “Knox Box” shall be installed at each gate of the facility to facilitate Fire Department access.

92. No trespass, and no loitering signs shall be placed on each gate to the site. Signs shall be worded: No Trespassing – No Loitering, Forbidden by Law, No Drinking of Alcoholic Beverages, Violators will be subject to arrest or citation pursuant to 602 PC & 7-125 OXO.

93. Prior to the issuance of building permits, the design of all gates shall be approved by Planning and Police Departments. Gate design shall be developed so that vehicle ramming will not collapse the gate.

94. Security cameras shall be installed to monitor the facility. The camera system shall comply with these minimum standards:
a) Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Greyscale images are required for infra-red lighting. b) Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
c) Cameras shall have low light capability to capture identifiable images. 1333
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d) The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
e) The video system shall allow recording, live viewing and playback of recorded video for a period of at least 30 days.
f) Recorded images shall bear a date and time stamp that cannot be altered. g) Prior to the installation of a security camera system, applicant shall submit a plan showing location of cameras and the scope of their capture area. The plan shall include a list of components.
h) Signage shall be posted at each entrance which states in 2 inch letters: “These premises are monitored by a security camera system”.
i) Cameras in domed casings are required as their area of focus is not easily determined by a casual observer.
j) All exterior cameras shall have the capability of capturing identifiable images in minimum lighting or during hours of darkness.
k) The DVR shall be stored in a locked secure cabinet at the site. l) Security personnel shall be authorized to transfer images from the security camera system to any member of the Oxnard Police Department conducting a criminal investigation at or near the premises.

95. Security cameras shall be placed at these locations at a minimum:
a) At each gate a pole mounted camera shall be placed on the inside of the security fence capturing the entire opening of the gate threshold. b) Camera(s) shall be mounted near the security shack to capture images of all persons entering and exiting the shack.

96. The address for the facility shall be 5600 Perkins Road. A sign shall be posted on the fence on the Perkins Road side of the facility stating in 4-inch tall letters: “5600 Perkins Road”.

97. An authorized member of the Oxnard Police Department or Code Compliance Division may inspect the site for compliance with these conditions anytime vehicles are stored at the site pursuant to this permit.

FIRE DEPARTMENT CONDITIONS

98. Developer shall construct all vehicle access driveways on the project property to be at least 26 feet wide, exclusive of shoulders. Developer shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. Developer shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1)

99. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
100. At all times during construction, Developer shall maintain surfaces capable of handling loads of 76,000 pounds which will provide access for firefighting apparatus to all parts of the project property. (FD/DS, F-7)
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101. Developer shall identify all hydrants and fire protection equipment on the project property as required by the Fire Chief. (FD, F-8)
102. Developer shall install security devices and measures, including walkway and vehicle control gates, entrance telephones, intercoms and similar features, subject to approval of the Police Chief and the Fire Chief. Vehicle control gates shall be operable by City approved radio equipment. (FD/PD, F-9)
103. The turning radius of all project property driveways and turnaround areas used for emergency access shall be approved by the City Traffic Engineering Department. (FD, F-11)
104. Areas designated by the Fire Marshal as Fire Lanes shall be identified by a red curb and signage per the California Department of Motor Vehicles. 105. Fire hydrants shall be operational and accessible at all times. No parking, storage or staging of equipment/supplies shall be located within 15 feet on either side of fire hydrants. Prior to final inspection, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire Department standards.
106. Before the city issues a certificate of occupancy, the developer shall install a Knox key vault at a location to be determined by the Fire Department.
107. Vegetation clearance shall be maintained at all times. 108. A minimum 20-foot clear width and 13-foot, 6-inch (13’ 6”) clear height emergency access lane shall be maintained free of obstructions at all times within the project site once construction starts.
109. An on-site Life safety Inspection shall be conducted by Fire Department staff to approve final configuration of the site.

DEVELOPMENT SERVICES DIVISION CONDITIONS
110. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)
111. Developer shall have the site improvement plans prepared using standard Building and Engineering Division format(s) by a civil engineer licensed in the State of California. The plans shall incorporate recommendations from soil engineering and geology reports. Prior to issuance of a grading permit, improvement plans must be approved by the City Engineer and ink-on-mylar plans filed with the Building and Engineering Division. (DS-3) 112. Developer shall submit improvement plans and drainage calculations demonstrating that storm drain runoff from the project property and all upstream areas will be safely conveyed 1335
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to an approved drainage facility. The design and conveyance route shall be compatible with the City’s Master Plan of Drainage and shall be approved by the City Engineer prior to approval of improvement plans. (DS-4)
113. Curb cut widths and design shall conform to City ordinances, standards, and policies in effect at the time City issues an encroachment permit. (DS-9) 114. A California licensed civil engineer shall prepare the public improvement plans and documents for this project in accordance with City standards and shall submit all such plans to the City Engineer. Submittal shall include, but not necessarily be limited to, grading, street, drainage, sewer, water and other appurtenant improvement plans, construction cost estimates, soils reports, and all pertinent engineering design calculations. City will not approve a parcel map or final map nor issue a grading, site improvement or building permit until the City Engineer has approved all improvement plans. (DS-15) 115. Prior to issuance of a site improvement permit, Developer shall provide to the Building and Engineering Division a compact Disc (CD) containing digital copies of all project maps, address map, and/or civil improvements drawings in DWG format. Prior to improvement bond release, Developer shall provide an updated CD containing all changes that occur during construction. (DS-16)
116. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)
117. Developer shall pay the cost of all inspections of on site and off site improvements. (DS-22) 118. Developer shall be responsible for all project related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23) 119. Prior to beginning construction, Developer shall designate in writing an authorized agent who shall have complete authority to represent and to act for Developer. The authorized agent shall be present at the work site whenever work is in progress. Developer or the authorized agent shall make arrangements acceptable to City for any emergency work.

When City gives orders to the authorized agent to do work required for the convenience and safety of the general public because of inclement weather or any other cause, and the orders are not immediately acted upon by the authorized agent, City may do or have such work done by others at Developer's expense. (DS-24)
120. "Standard Specifications for Public Works Construction" latest edition (including modifications thereto by City) and applicable City Standard Plates and Design Criteria shall be the project specifications, except as noted otherwise on the approved improvement plans.

City reserves the right to upgrade, add to, or revise these specifications and plans and all other City ordinances, policies, and standards. If the improvements required of this project are not completed within 12 months from the date of City’s approval of the improvement 1336
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plans, Developer shall comply with and conform to any and all upgraded, additional or revised specifications, plans, ordinances, policies and standards. (DS-27) 121. Prior to issuance of a grading/site improvement permit, developer shall obtain Development Services Director approval for any proposed construction phasing. The improvement plans (and associated phasing plans) shall clearly indicate any interim or off site improvements required by City. (DS-28)
122. Developer shall retain a California licensed Civil Engineer to ensure that the construction work conforms to the approved improvement plans and specifications and to provide certified "as built" plans after project completion. Developer’s submittal of certified "as built" plans is a condition of City’s final acceptance of the project and release of any associated security. (DS-29)
123. All grading shall conform to City's standard grading notes, City Code, and recommendations of Developer’s soils engineer as approved by the City Engineer. (DS-30) 124. Developer shall construct sufficient drainage facilities concurrent with rough grading operations to mitigate any potential flooding or erosion affecting adjacent properties and public rights-of-way. (DS-31)
125. Developer shall design all slopes steeper than 5 (horizontal) to 1 (vertical) with a minimum 18 inch wide level area (at both top and bottom of slope) where it adjoins a wall, fence, sidewalk, trail, curb or similar improvement. (DS-32)
126. Prior to issuance of a site improvement permit, Developer shall provide to the City Engineer easements or written consent (as determined appropriate by the Development Services Director) from all affected landowners for any diversion of historical flows or change in drainage conditions caused by the project. (DS-36)
127. Developer shall submit a landscape irrigation plan prepared by a licensed professional, showing proper water meter size, backflow prevention devices, and cross connection control. (DS-59)
128. Developer shall provide adequate vehicle sight distance as specified by CalTrans specifications at all driveways and intersections. (TR-71) 129. Using forms provided by the Building and Engineering Division, Developer shall submit a stormwater quality control measures maintenance and operations plan ("the Plan") for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, Developer shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the City Engineer approves 1337
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the Plan and Developer provides an executed copy of the City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (DS-82) 130. Developer’s stormwater quality control measures maintenance and operations plan shall include: 1) Requirement to clean on-site storm drains at least twice a year; once immediately before the first of October (the beginning of the rainy season) and once in January. The City Engineer may require additional cleaning; 2) Requirement to maintain parking lots free of litter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent the accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system.

Developer may not discharge any cleaning agent into the storm drain system; 3) Requirement to label all on-site storm drain inlets with the message "Don't Dump - Drains to Ocean" in accordance with City standards. (DS-83)
131. Developer’s engineer shall submit written confirmation that the project landscape drawings comply with the landscape requirements of the Technical Guidance Manual for Stormwater Quality Control Measures for all landscape based stormwater quality best management practices. (DS-84)
132. Developer shall provide pre-treatment for all infiltration based stormwater quality Best Management Practices (“BMPs”.) Pre-treatment devices must effectively reduce sediment load entering infiltration BMPs to minimize occlusion of underlying soils and reduce long term maintenance requirements and thereby maintain the infiltration capacity of the BMP. 2011 TGM compliant pre-treatment such as vegetated swales are an approved form of pre-treatment. Proprietary pre-treatment devices must be capable of removing 80% of 50 micron particles to be considered adequate pre-treatment. Typical catch basin inserts do not provide the sufficient sediment storage to provide pre-treatment. (DS-85) 133. Prior to issuance of a grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall provide evidence of assignment of a permit identification number by the California State Water Resources Control Board indicating submittal of a Notice of Intent (NOI) by the Developer in accordance with the NPDES Construction General Permit. Developer shall comply with all requirements of the General Permit and the Ventura Countywide MS4 Permit, including preparation of a Stormwater Pollution Prevention Plan (SWPPP). Developer shall keep the SWPPP updated to reflect current site conditions and a copy of the SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-86) 134. Developer shall install ‘Full Capture System Devices’ (“Devices”) certified by the State Water Resources Control Board Executive Director in compliance with the Statewide Trash Amendments (“Amendments”) in all catch basins accepting stormwater runoff from any portion of this project that meets the definition of ‘Priority Land Use’ as defined by the Amendments at the time of issuance of a grading/site improvement permit. The Devices shall be sized and designed in accordance with requirements of the Amendments and the Technical Guidance Manual for Stormwater Quality Control Measures (“TGM”). (DS-88) 1338
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135. Developer shall design all points of vehicular access (driveways) such that all vehicles exiting the site traverse a minimum of 25-feet of solid pavement (e.g., asphalt or concrete) on the private side of the property line. The solid pavement shall extend into the public right-of-way until it joins the existing road paving and includes appropriate turning transitions. This pavement requirement is intended to minimize the conveyance of soil or gravel into the public right-of-way by vehicles exiting the site. (DS) 136. The project meets the definition of “Parking Lot” as defined by the Ventura Countywide MS4 Permit Order No. R4-2010-0108 and the 2011 Technical Guidance Manual for Stormwater Quality Control Measures (“TGM”) as a land area or facility for parking or storage of vehicles used for businesses, commerce, commercial, and industry use. The MS4 Permit and the TGM require projects that meet the definition of a Parking Lot with 25 or more spaces, regardless of the amount of impervious area proposed, shall design and implement post-construction stormwater management control measures. Developer shall update the drainage report and design the post-construction stormwater management control measures in accordance with the MS4 Permit to the satisfaction of the City Engineer. (DS) 137. Developer shall design the project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) as a new development project. Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures (“2011 TGM”). (DS)
138. Developer shall submit stormwater quality calculations to include site-specific analysis and recommendations from a geotechnical engineer, and if applicable, a landscape architect for the design and implementation of stormwater treatment and infiltration devices.

Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of site-specific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM.

Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (DS) 139. Gravel and packed earthen surfaces used for parking lots and storage areas that are anticipated to receive vehicular loading shall be treated as impervious in the stormwater quality calculations. (DS)
140. If permeable pavement design is proposed, Developer shall demonstrate to the satisfaction of the City Engineer that the soil surface will not be compacted during the construction of the project and regular use during the temporary use permit. The City Engineer shall consider all soil surfaces receiving compaction, regardless of the compaction level, to be impervious. Developer may submit to the City Engineer the project-specific soil compaction 1339
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and infiltration testing data for review and consideration for any compaction proposed. The testing data shall demonstrate how the soils will maintain permeability with the compaction level proposed, similar to the pre-development undisturbed soil conditions. The data is subject to review and approval by the City Engineer. (DS) 141. Developer shall provide evidence that the pipes conveying stormwater from this site under the adjacent railroad tracks are free of obstruction to provide the required discharge capacity. In addition, Developer shall provide evidence that the pipes currently have the sufficient structural integrity to perform their intended purpose for the life of the project. (DS)
142. Developer shall provide a drainage report demonstrating that the site drainage facilities are capable of safely conveying project stormwater (up to and including a 1% chance storm) to a safe point of discharge without negatively affecting the neighboring properties. (DS) 143. Developer shall comply with the drainage requirements imposed by Ventura County Watershed Protection District. (DS)
144. This project is subject to the “Special Projects” provision of the City’s Traffic Impact Fee resolution. The proposed use of the property is not adequately represented by a rate previously adopted by the City Council and the Institute of Transportation Engineers Trip Generation Manual as it does not provide appropriate trip generation statistics. Therefore, the Traffic Impact Fee will be based on a site specific traffic study, acceptable to the City Engineer, which calculates the average daily vehicular trips generated by the project. The fee will be based on the current rate per trip times the average daily vehicular trips.

Currently, that rate is $1,035/ADT. (DS)

TRAFFIC DIVISION CONDITIONS
145. Developer shall design and construct the proposed emergency vehicle entrance/exit driveway along Hueneme Road. Final design, location and width of the driveway shall be reviewed and approved by the City Traffic Engineer in accordance with the Fire Department. (TR)
146. Developer shall install a sign “For Emergency Vehicle Use Only” on the proposed gate for the proposed emergency vehicle entrance/exit driveway along Hueneme Road. (TR) 147. Developer shall prohibit parking between the project’s property line and the proposed fencing along Hueneme Road along Perkins Road. Developer shall be responsible in enforcing the no parking restrictions. (TR)

ENVIRONMENTAL RESOURCES DIVISION
148. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling.
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149. Any landscaping maintenance resulting in organic material needing disposal, if performed in-house or via third party, must not be placed in the trash. All organic materials are required to be diverted from landfill disposal. Any third-party contract/service agreement must stipulate this requirement and be verified through the Environmental Resources Division.
150. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a matter approved by the City Engineer. 1341
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PASSED, AND ADOPTED by the City Council of the City of Oxnard on this 6th day of December 2022, by the following vote:.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

John C. Zaragoza, Mayor
ATTEST:
_______________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_______________________________
Stephen M. Fischer, City Attorney
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Appeal of the Planning Commission’s Decision to
Certify Environmental Impact Report No. 22-01 and
Approve Planning and Zoning Permit No. 18-500-02
(Special Use Permit)
City Council
December 6, 2022
Jay Dobrowalski, Planning Supervisor
Community Development Department
Planning Commission Approved Project Description (SUP)
• A request to construct a temporary vehicle storage facility with a 5-year limitation on a 33.7-acre site that is currently vacant and undeveloped located at the southeastern corner of the intersection of West Hueneme Road and Perkins Road (Assessor’s Parcel Numbers: 231-0-092-245 and -105) within the Light Manufacturing, Planned Development (M-1-PD) zone. • Proposed development includes a 240 square-foot guard house, portable restroom, perimeter site lighting with 6-foot fencing for security purposes, landscaping, drainage improvements, and grading for a vehicle parking area on one to two inches of gravel.
• Upon expiration of the permit, the office trailer, portable restroom, perimeter lighting and gravel surface would be removed; the 6-foot fencing, landscaping, and drainage improvements would remain on-site.
• Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City has evaluated potential project-related environmental impacts through the preparation of an Environmental Impact Report.
2 1343
Project Location - South Oxnard
N
3 Project Location and Surrounding Uses
Commercial Residential
Vacant
Industrial
AWPF
Industrial
Vacant

HUENEME ROAD HUENEME ROAD PERKINS ROAD
Industrial
4 1344
Street View 5

HUENEME ROAD PERKINS ROAD

PROJECT SITE
AWPF
View from Hueneme Rd and Perkins Rd looking southeast
Street View 6

HUENEME ROAD

PROJECT SITE
AWPF
View from Hueneme Rd and Saviers Rd looking southwest
1345
General Plan and Zoning 7
2030 General Plan:

Industrial Light (ILT) and Park (PRK)
Zoning Designation:

Light Manufacturing, Planned
Development (M-1-PD)
N N
Site Plan 8
N
1346
Environmental Review
• Proposed development is subject to the California Environmental Quality Act • City prepared a Mitigated Negative Declaration (MND):
○ MND review period for 50 days (20 days required)
○ City received over 220 comment letters
○ City elected to prepare Environmental Impact Report (EIR) • City prepared an EIR (No. 22-01):
○ EIR identifies potential impacts, mitigation measures, monitoring requirements, and residual impacts
○ Draft EIR review period for 61 days (45 days required) ○ City received 218 comment letters
○ Comments and responses included in EIR
○ Changes made to Draft EIR for Final EIR based on comments 9 Environmental Review (continued)
• Final EIR identified the following:
■ Class 1 impacts (significant and unavoidable)
○ None identified
■ Class 2 impacts (potentially significant by mitigable, mitigation required)
○ Aesthetics
○ Biological Resources
○ Cultural and Tribal Cultural Resources
○ Geology and Soils
○ Hazardous Materials Use, Generation, Transport, or Disposal ○ Hydrology and Water Quality
○ Police Protection (Transportation)
■ Class 3 impacts (less than significant, no mitigation required) ○ All other impact area were identified as Class 3
10 1347
EIR Findings
• Final EIR includes a Mitigation Monitoring and Reporting Program:
○ Details process to implement required mitigation measures ○ After implementation of standard conditions and mitigation measures, all potentially significant impacts reduced to less than significant levels
• Staff determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the City Council certify the EIR
11 Community Workshop
• Project presented during November 19, 2018 and March 21, 2022 meetings.
• Site is not within a General Plan Neighborhood
• Notice of meeting was provided:
• Two on-site postings; and
• Mailed to residents in Southwinds and Cypress Neighborhoods; and • Emailed to Interested Parties
• Comments generally related to: air quality impacts, biology impacts, land use incompatibility, traffic impacts, inadequate public participation opportunities, environmental justice and inadequate environmental review. • These comments are the same as those addressed in the EIR. 12 1348
Appeal Background 13
October 20, 2022:
• Public hearing held to consider Planning & Zoning Permit No. 18-500-02 requesting approval of a Special Use Permit.
• Staff recommended approval.
• PC heard public testimony, deliberated, and voted 4-1 to certify EIR and grant SUP
November 7, 2022:
• Timely appeal filed by Appellant
Appeal Grounds 14

1. The FEIR is replete with inconsistencies, omissions, and misrepresentations of facts by the Oxnard Harbor District and the Lead Agency that tainted environmental review.

2. The Commission erred in certifying a flawed Environmental Impact Report.

3. Public engagement and outreach failed to provide a meaningful opportunity for public comment by ignoring clear language access barriers.

4. Questions remain as to the temporary nature of this Project and concrete steps for fixing this issue remain vague.

5. The Commission made its decision based on an incomplete record. 1349
Ground of Appeal #1 15
• The FEIR has several inconsistencies made evident in answers to the PC
• The PC abused its discretion by ignoring these inconsistencies Staff Response:
• PC heard several hours of testimony
• PC voted 4-1 to follow staff recommendations
• This Ground does not include new information
• Responses to comments are located in the FEIR
• PC considered the entire record
Ground of Appeal #2 16
• The FEIR failed contained flaws: piecemealing, failure to assess cumulative impacts, failure to consider reasonable alternatives, failure to property mitigate impacts, and inaccurate assessments of impacts related to: traffic, air pollution, biological resources, toxic hazards, environmental justice
Staff Response:
• These topics are addressed in the FEIR
• This Ground does not include new information
• PC voted 4-1 to certify the FEIR
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Ground of Appeal #3 17
• Lead Agency refused to translate the FEIR documents and provide simultaneous interpretation of public workshops and hearings; created additional barriers to participation in environmental review process
Staff Response:
• This topic is addressed in the FEIR
• Staff has Spanish speakers; translators were available during PC hearing
• Project was presented during two Community Workshop meetings • City provided additional opportunities for public participation Ground of Appeal #4 18
• Commissioners raised concerns regarding the temporary nature of the project
• Final resolution could include amendments including access points to the beach, wetlands restoration, and an educational site Staff Response:
• PC granted SUP subject to conditions of approval
• Condition No. 57 requires bond to return site to existing condition • Some items will remain on site and be maintained by property owner • Site is not within Coastal Zone; no nexus to require coastal access • No nexus to require off-site remediation
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Ground of Appeal #5 19
• The Lead Agency should have ensured the PC had all
necessary information before the Commissioners.
• Several key items were still missing prior to the hearing Staff Response:
• Appellant alleges 4 letters are missing from FEIR
• These 4 letters are included in the FEIR
• FEIR posted to City website prior to PC Hearing
• PC considered the entire record
Public Notice
• Notice of City Council hearing was provided:
○ Newspaper,
○ On-site posting; and
○ Mailed to property owners within 300 feet.
• Since the timely filing of the appeal, no public comment has been submitted regarding the project.
20 1352
Staff Recommendation
That the City Council conduct a public hearing and:

1. Adopt a Resolution certifying Final Environmental Impact Report (EIR) No. 22-01 for the Port of Hueneme - Temporary Outdoor Vehicle Storage Facility (Governor's Office of Planning and Research State Clearinghouse No. 2020069039); and

2. Adopt a Resolution denying the appeal and uploading the Planning Commission’s decision to grant Planning and Zoning Permit No. 18-500-02 (Special Use Permit) for a vehicle storage facility, subject to certain findings and conditions.
21 End of Presentation
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Oxnard City CouncilDecember 6, 2022

Oxnard City Council
December 6, 2022