Oxnard City Council
March 21, 2023

assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, the Planning Division has prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA, including, without limitation CEQA Guidelines Sections 15070, 15071, 15072, and 15073, which have been incorporated as conditions; and
WHEREAS, a Notice of Intent to Adopt an Initial Study and Draft Mitigated Negative Declaration (IS-MND) for the Project was published and posted on June 30, 2022, at the State Office of Planning and Research (OPR) website and at the Ventura County Recorder’s Office pursuant to CEQA Guidelines Sections 15072 and 15073; and WHEREAS, the public comment period on the DEIR ran for thirty (30) days commencing on June 30, 2022 and ending on July 29, 2022; and WHEREAS, after the close of the comment period on the IS/MND, the IS/MND was modified as set forth in Chapter 4 of the Response to Comment document; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City has prepared Final IS/MND 22-02 containing all comments received on the Draft IS/MND 22-02, written responses to all substantive comments, and necessary changes to the text of the Draft IS/MND 22-02; and WHEREAS, on January 19, 2023, 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 IS/MND 22-02 and made a recommendation to City Council; and
WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the Final IS/MND 22-02; and
WHEREAS, the City Council finds after due study and deliberation that the public interest and general welfare require the adoption of the Final IS/MND 22-02; and WHEREAS, the comments of the Councilmembers, agencies, interested groups, and members of the public have received adequate responses; and

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

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

SECTION 2. The Final IS/MND has been completed in compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 – 21189).

SECTION 3. The Final IS/MND was presented to the City Council, which, at a hearing before the public, reviewed and considered the information contained in the 1041
Resolution No. ______
City Council Hearing Date: March 21, 2023

Mitigated Negative Declaration/Initial Study prior to making a recommendation to the City Council regarding the Project and its associated development entitlements.

SECTION 4. 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 finds pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 22-02 prepared for the Project. The Final IS/MND 22-02 is an accurate and complete statement of the potential environmental impacts of the project. The Final IS/MND 22-02 was prepared under the direction of the City of Oxnard Planning Division and reflects its independent judgment and analysis of the environmental impacts.

SECTION 5. The City Council hereby adopts the Final IS/MND 22-02, set forth attached hereto and incorporated herein by reference, and based thereon and on the Record as a whole, the City Council finds that all potentially significant environmental effects of the Project its associated development entitlement actions have been reduced to a less-than-significant level in that all significant environmental effects have been eliminated or substantially lessened as set forth in the IS-MND. Based upon the foregoing, the City Council finds and determines that the Project and its associated actions will not have a significant effect upon the environment.

SECTION 6. The City Council hereby adopts the mitigation measures set forth in the Final IS/MND 22-02 and its accompanying Mitigation, Monitoring, and Reporting Program (“MMRP”), pursuant to Public Resources Code Section 21081.6, which is a program design to ensure compliance with the mitigation measures imposed to avoid or substantially lessen the significant effects identified in the Mitigated Negative Declaration/Initial Study and said mitigation measures are described in the MMRP included therein and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oxnard hereby adopts an Final IS/MND 22-02, attached to the staff report and incorporated by reference.

PASSED AND ADOPTED this 21st day of March, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
1042
Resolution No. ______
City Council Hearing Date: March 21, 2023

______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1043
ORDINANCE NO. ___________

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING PLANNING AND ZONING PERMIT NO. 20-630-02 (SPECIFIC PLAN AMENDMENT NO. 8 TO THE RIVERPARK SPECIFIC PLAN) TO AMEND THE TEXT WITHIN THE RIVERPARK SPECIFIC PLAN. FILED BY LARS SKUGSTAD, 1111 BROADWAY, SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE
“PROPERTY OWNER”).

WHEREAS, on September 10, 2002 the City Council approved the entitlements for the RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, the City Council approved the first amendment request (PZ 02-630-05) on October 22, 2002, which amended the Specific Plan to include regulations for temporary uses; and
WHEREAS, the City Council approved the second amendment request (PZ 03-630-03) on July 27, 2004, allowing a minor change in the land use designation on a small parcel from Open Space to Commercial; and
WHEREAS, the City Council approved the third amendment request (PZ 09-630-09) on April 14, 2009, allowing a freeway-oriented pylon sign subject to approval of a Design Development Review permit (DDR) by the Development Services Director; and WHEREAS, the City Council approved the fourth amendment (PZ 10-630-02) on June 14, 2011, and allows three freeway oriented monument signs subject to approval of a DDR, and an electronic digital display panel for the pylon sign, subject to subsequent approval of a Special Use Permit; and
WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RiverPark Specific Plan to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and WHEREAS, the City Council approved the seventh amendment (PZ 20-630-01) on March 15, 2022, which allowed for the option to develop up to 1,025 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios; and
WHEREAS, the Planning Commission of the City of Oxnard has considered the proposed map and text amendment to Pages 3.7, 3.22, 5.9, and 5.23 of the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan (herein referred to as the “Project”); and 1044
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for Specific Plan Amendment No. 8 (PZ 20-630-02) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information and deliberated the merits of the Project. The Planning Commission voted to deny the Project and not allow Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan, subject to the preparation of a written resolutions of denial to be considered at the Planning Commission meeting on February 2, 2023; and WHEREAS, the Planning Commission found, after due study, deliberation and a duly noticed public hearing on February 2, 2023, and received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, and that the project, as amended, meets the criteria set out in Chapter 16-575 of the Oxnard City Code; and
WHEREAS, the Planning Commission adopted Resolution 2022-07 recommending that the City Council deny Planning & Zoning Permit No. 20-630-02 (Specific Plan Amendment); and
WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the request to approve Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment), both as originally proposed by the Applicant and as recommended by the Planning Commission, in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and
WHEREAS, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than 1045
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests; and WHEREAS, pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 22-02 prepared for the Project. The Final IS/MND 22-02 is an accurate and complete statement of the potential environmental impacts of the project.

The Final IS/MND 22-02 was prepared under the direction of the City of Oxnard Planning Division and reflects its independent judgment and analysis of the environmental impacts.

WHEREAS, the City Council, after due study, deliberation and public hearing that the following circumstances exist:

1. As outlined in Section 6(b) and Attachment F of the Planning Commission Staff report, the proposed Specific Plan Text Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As outlined in Section 6(c) of the Planning Commission Staff report, the proposed Specific Plan Text Amendment is a logical refinement and internally consistent with the adopted RiverPark Specific Plan; and

3. As determined in the Final IS/MND 22-02, the proposed Development Agreement will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare;

4. As outlined in Section 6(c - e) of the Planning Commission Staff report, the proposed RiverPark Specific Plan Amendment conforms to adopted City standards and constitutes good City planning.

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

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

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

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

SECTION 3. The City Council finds that the Riverpark Specific Plan Amendment will not 1046
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

be detrimental to the public interest, health, safety, convenience, or welfare of the City.

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

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

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

SECTION 7. Pursuant to Government Code Section 65863.5, the City Clerk shall mail a copy of this ordinance to the Assessor of Ventura County within thirty (30) days from the adoption of this ordinance; and
SECTION 8. In recommending adoption of this ordinance for the Specific Plan Amendment, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Final MND No. 22-02 was considered by the Planning Commission at the public hearing for the Development Agreement. The Final MND No. 22-02 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines.

The City of Oxnard is the Lead Agency. With implementation of the MND No. 22-02 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. The RiverPark Specific Plan shall remain in full force and effect and shall apply to the property affected by this Ordinance.

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

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3009 was first read on March 15, 2022, and finally adopted on April 5, 2022 to become effective thirty days thereafter. 1047
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

PASSED AND ADOPTED this 5th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1048
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

EXHIBIT A
SPECIFIC PLAN AMENDMENT TEXT Changes

PROPOSED AMENDMENTS TO CITY OF OXNARD

RIVERPARK SPECIFIC PLAN
KEY: Blue Underlined = Proposed Additions
Red Strikethrough = Proposed Deletions
3 COMMERCIAL MASTER PLAN
SECTION 3.5 BUILDING TYPE STANDARDS
Section 3.5.2 Standards for Each Building Type
▪ Type 1-C-A: Large Multistory Anchor
▪ Type 1-C-B: Large Pad Retail
▪ Type 1-C-C: Multistory Mini Anchor
▪ Type 1-C-D: Inline Retail
▪ Type 1-C-E: Inline Retail With Upper Story Office/Housing ▪ Type 1-C-F: Pad Restaurant/Retail
▪ Type 1-C-G: Drive Thru Commercial
▪ Type 2-C-A: Food and Wine Multistory
▪ Type 2-C-B: Food and Wine Demo Factory/Outlet Store
▪ Type 2-C-C: Food and Wine Pavilion/Office Building
▪ Type 3-C: Office Building
▪ Type 4-C: Hotel With Retail
▪ Type 5-C: Stand Alone Kiosk
▪ Type 6-C: Outparcel Commercial
▪ Type 7-C: Freeway Adjacent Digital Display Billboards [. . .]
TYPE 7-C: Freeway Adjacent Digital Display Billboards
The following standards apply to lots for Freeway Adjacent Digital Display Billboards. If the lot contains other building types, the lot must comply with the minimum lot dimension standards required for that building type pursuant to this section, unless otherwise modified. Additional standards pertaining to Freeway Electronic Billboards can be found in Section 5.9 (Signage Standards) and the Oxnard City Code.

LOT DIMENSIONS
Lot Area Min: 1,000 SF Max: 15,000 SF
Lot Width Min: 10’ Max: 300’
1049
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)
Ordinance No. _______

Lot Depth Min: 40’ Max: 100’

SIZE AND SPACING
Billboard Face Display For allowable face size refer to the Oxnard City Code Sign Height For allowable sign height refer to the Oxnard City Code Setbacks Min: 0’ (Freeway Adjacent Digital Display Billboards only) Spacing For minimum spacing requirements refer to the Oxnard City Code 5 LANDSCAPE MASTER PLAN

5.5 EDGES AND BUFFERS STANDARDS

5.5.2 Design Concept for Edges and Buffers

5.5.2.1 The Ventura Freeway Frontage
Landscaping of RiverPark’s frontage with the Ventura freeway at Planning Districts D, B and E shall be provided in a landscaped buffer zone. Landscaping in this area shall meet the requirements at two distinct scales: the scale of the freeway, and that of slower moving vehicles and pedestrians within RiverPark. Landscaping perceptible from the Ventura freeway will consist of a single row of 30-foot tall Mexican Fan Palms (at 30 feet O.C.) along the freeway frontage. These palms will clearly differentiate and identify RiverPark not only from the freeway but from the southern approach from Oxnard. For slower-moving vehicles and pedestrians, the zone will also be planted with an appropriate mix of native and indigenous grasses, perennials, shrubs, and trees. See Exhibit 5.AA for a typical cross-section. Properties developed with a Freeway Adjacent Digital Display Billboard in Planning Districts D, B and E shall be exempt from the requirements of this subsection.

5.9 SIGNAGE STANDARDS
[. . .]

5.9.3.11 Freeway Adjacent Digital Display Billboards
Freeway Adjacent Digital Display Billboards, as defined in the Oxnard City Code (OCC) shall be allowed in Planning Districts A and E, subject solely to the applicable regulations and procedures of OCC Chapter 9 Article IX. Advertising Signs. 1050
ORDINANCE NO. _________

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING A DEVELOPMENT AGREEMENT AND LEASE OF
PROPERTY (PLANNING AND ZONING PERMIT NO. 20-670-06) WITH

OUTFRONT FOSTER INTERSTATE, LLC REGARDING PROPERTY
LOCATED BETWEEN THE U.S. 101 AND RIVERPARK BOULEVARD
APPROXIMATELY 850 FEET NORTH OF VINEYARD AVENUE IN THE
NORTHERN PORTION OF THE CITY OF OXNARD. (APN: 132-0-311-075).

FILED BY LARS SKUGSTAD, 1111 BROADWAY, SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE “PROPERTY OWNER”).

WHEREAS, on October 15, 2020, Lars Skugstad (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit Nos. 20-500-07 (Special Use Permit), 20-670-06 (Development Agreement), and 20-630-02 (Specific Plan Amendment) to allow for the installation and operation of an electronic billboard on an approximately 0.25-acre undeveloped site located between the U.S. 101 and Riverpark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard; and
WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) considered an application for Planning and Zoning Permit No. 20-670-06 (“Project”), a Development Agreement and Lease of Property between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”) (collectively referred to “Applicant” or “Developer” in the record of proceedings); and WHEREAS, the Development Agreement and Lease of Property (DA) shall allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City. The proposed DA is included in Exhibit A to this Ordinance and incorporated by this reference; and WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement and Lease of Property (PZ 20-670-06) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on February 2, 2023
WHEREAS, the Planning Commission adopted Resolution 2023-06 recommending that the City Council deny Planning & Zoning Permit No. 20-670-06 (Development Agreement); and
1051
Ordinance No. _________
Development Agreement (PZ 20-670-06)
City Council Hearing Date: March 21, 2023
Development Agreement No. A-8515

WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider both the request to approve Planning and Zoning Permit No. 20-670-06 (Development Agreement), both as originally negotiated with the Applicant and as recommended by the Planning Commission in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and
WHEREAS, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests; and WHEREAS, pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 22-02 prepared for the Project. The Final IS/MND 22-02 is an accurate and complete statement of the potential environmental impacts of the project.

The Final IS/MND 22-02 was prepared under the direction of the City of Oxnard Planning Division and reflects its independent judgment and analysis of the environmental impacts.

WHEREAS, the City Council considered Final IS/MND 22-02 prior to making recommendations on the Project; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement and Lease of Property is consistent with the 2030 General Plan; and
WHEREAS, the pursuit of the Development Agreement and Lease of Property is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and 1052
Ordinance No. _________
Development Agreement (PZ 20-670-06)
City Council Hearing Date: March 21, 2023
Development Agreement No. A-8515

welfare of the public by public benefits for the residents of the City of Oxnard; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:

1. As outlined in Section 6(b) and Attachment F of the Planning Commission Staff report, the proposed Development Agreement and Lease of Property is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As determined in the Final IS/MND 22-02, the proposed Development Agreement of Lease of Property will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare;

3. As outlined in Section 6(c - e) of the Planning Commission Staff report, the proposed Development Agreement and Lease of Property in association with the related projects conforms to adopted City standards and constitutes good City planning.

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

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

SECTION 1. The Recitals above are true and correct and incorporated into the operative provisions of this Ordinance by this reference.

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

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

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

SECTION 5. The City Council determines that the development that would be authorized for the project site by the proposed Development Agreement and Lease of Property is the best use 1053
Ordinance No. _________
Development Agreement (PZ 20-670-06)
City Council Hearing Date: March 21, 2023
Development Agreement No. A-8515

for the subject project site.

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

SECTION 7. In recommending adoption of this ordinance for the Development Agreement and Lease of Property, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Final MND No. 22-02 was considered by the Planning Commission at the public hearing for the Development Agreement and Lease of Property.

The Final MND No. 22-02 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. With implementation of the MND No. 22-02 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), Exhibit A, hereto attached.

SECTION 9. Planning and Zoning Permit No. 20-670-06 (Development Agreement No.

A-8515) is approved pursuant to Exhibit A.

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

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ______ was first read on March 21, 2023, and finally adopted on ___________ to become effective thirty days thereafter.

PASSED and ADOPTED this 21st day of March, 2023 by the following vote:

AYES:
1054
Ordinance No. _________
Development Agreement (PZ 20-670-06)
City Council Hearing Date: March 21, 2023
Development Agreement No. A-8515

NOES:

ABSENT:

ABSTAIN:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1055
Ordinance No. _________
Development Agreement (PZ 20-670-06)
City Council Hearing Date: March 21, 2023
Development Agreement No. A-8515

EXHIBIT A

DEVELOPMENT AGREEMENT
1056
Development Agreement and Lease of Real Property (RP Blvd. 1_5_23)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attention: City Clerk

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY

THIS DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY
(“Agreement”) is made in Ventura County, California as of ____________ ____, 2023 by and between the CITY OF OXNARD, a municipal corporation of the State of California (“City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”). The City or OFI may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The City and OFI entered into that certain Exclusive Negotiation Agreement (“ENA”) on June 19, 2019 regarding the lease of certain City property for freeway oriented digital billboards (“ENA Property”), which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

B. The City and OFI have entered into a First Amendment to the ENA dated November 13, 2019, a Second Amendment to the ENA, dated May 28, 2020, a Third Amendment to the ENA dated November 17, 2020, a Fourth Amendment to the ENA dated June 17, 2021, a Fifth Amendment to the ENA dated December 14, 2021, a Sixth Amendment to the ENA dated June 7, 2022 and a Seventh Amendment to the ENA dated December 6, 2022. As of the date of this Agreement, the ENA is still in full force and effect and OFI retains exclusive rights relating to the Property. Based upon the ENA, OFI has a legal or equitable interest in the ENA Property during the term of the ENA.

C. City is authorized, pursuant to Government Code sections 65864 through 65869.5 (the “Development Agreement Statute”) and City Council Resolution No. 10,488, to enter into binding development agreements with persons or entities with legal or equitable interests in real property located within the City in order to vest certain rights in the person or entity with the legal or equitable interest in such property.

D. City and OFI each mutually desire to enter into this Agreement to permit and ensure that a portion of the ENA Property, which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit B attached hereto and incorporated herein by this reference (“Property”), is developed with a double-sided freeway oriented digital billboard (hereafter, the “Project”), and that such billboard is developed strictly 1057
2 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) in accordance with the provisions of this Agreement, the Project Approvals (defined below), and associated entitlements.

E. The City has determined that it is in the best interests of City, and for the common benefit of the citizens residing in City, to enter into this Agreement with OFI for the construction, operation, maintenance, and repair of the Billboard (as that term is defined below) on the Property, subject to (i) OFI obtaining specific entitlements and approvals from Caltrans and the City, including a Specific Plan amendment and a Special Use Permit; and (ii) OFI agreeing to fully comply with all of the provisions of this Agreement, including the payment of specific financial considerations that are in the public interests.

F. To comply with the California Environmental Quality Act (“CEQA”), on _____, 2023, at a duly noticed public hearing, the Oxnard Planning Commissoin (“Planning Commission”) certified the _______________ (SCH # ___________), as described more fully in Resolution ______, adopted a Mitigation, Monitoring, and Reporting Plan, and made the required CEQA findings.

G. On ___________, 2023, at a duly noticed public hearing, the Planning Commission approved a Special Use Permit for the Project, with such approval contingent on City Council approval of the RiverPark Specific Plan amendment for the Project, as provided in Resolution ____________. At the same public hearing, the Planning Commission considered and recommended approval of the amendment to the RiverPark Specific Plan for the Project and recommended that the City Council approve this Agreement by ordinance.

H. On ___________, 2023, the Oxnard City Council (“City Council”), having received the Planning Commission’s recommendations, held a duly noticed public hearing, voted to approve the amendment to the RiverPark Specific Plan for the Project, and introduce the ordinance to approve this Agreement. On _______, 2023 the City Council adopted Ordinance _________ approving the Agreement.

I. The Planning Commission and City Council have each given notice of their intention to consider this Agreement, have each conducted the required public hearings thereon, and have each found that the provisions of this Agreement are consistent with the City of Oxnard General Plan for development within the City, City zoning ordinances, and the RiverPark Specific Plan, as amended on ___________, 2023. The City Council has also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region. 1058
3 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) NOW, THEREFORE, in consideration of the foregoing Recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and OFI agree as follows:

AGREEMENT

1. Definitions. For purposes of this Agreement, unless a different meaning is clearly required, the following terms will have the following meanings and be capitalized throughout this Agreement:

1.1 “Annual Net Revenue” means all income actually received by OFI in connection with the sale of advertising space on the Billboard (net of any commissions paid by OFI to advertising agencies, not to exceed 16-2/3%). For the purposes hereof, any income described in this definition will not include the value of any in kind usage of the Billboard by the City.

1.2 “Applicable Rules” means the rules, regulations and official policies of the City which were in force as of the Effective Date (as defined below), including, but not limited to, the General Plan, the Specific Plan (as defined below) and entitlements for the Project including, but not limited to, the Special Use Permit.

1.3 “Billboard” shall mean that double-sided freeway-oriented digital billboard contemplated to be developed on the Property pursuant to the Applicable Rules. OFI shall be responsible for the construction, operation, maintenance, and repair of the Billboard, subject to the terms and conditions of this Agreement.

1.4 “Caltrans Permits” means all permits and approvals, if any, that OFI must obtain from Caltrans and subsequently assign to the City to construct, operate, maintain, and repair the Billboard in accordance with this Agreement.

1.5 “City Council” shall mean the City Council of the City.

1.6 “City Manager” shall mean the City Manager of the City.

1.7 “Effective Date” means the date on which the ordinance approving this Agreement, as required by Government Code section 65867.5, becomes effective.

1.8 “General Plan” means the City of Oxnard 2030 General Plan adopted in October of 2011 and updated in December of 2016.

1.9 “Hazardous Materials” means any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos-containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or 1059
4 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof.

1.10 “Hazardous Materials Laws” means all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

1.11 “MAG” or “Minimum Annual Guarantee” has the definition given such term in Section 7.1(a).

1.12 “Off-site Outdoor Advertising Sign” means a general outdoor advertising sign that directs attention to a business, profession, commodity, service or entertainment which is conducted, sold or offered at a location other than on the same lot or parcel upon which the sign is located.

1.13 “Operational” refers to the time when the Billboard is fully capable, legally and functionally, of displaying advertising on the digital display.

1.14 “Operational Date” is the date when the Billboard is Operational.

1.15 “Periodic Review” shall have the meaning assigned to such term in Section 36.

1.16 “Planning Commission” shall mean the Planning Commission of the City.

1.17 “Rent” means the MAG described in Section 7.1 and, as applicable, Percentage Rent described in Section 7.2.

1.18 “Project Approvals” shall mean and refer to the RiverPark Specific Plan as amended on ________, 2023 and the Special Use Permit approved on _________.

1.19 “Specific Plan” shall mean the RiverPark Specific Plan. As amended on ________, 2023.

2. Initial Term. The “Initial Term” of this Agreement will begin on the Operational Date and will expire on the thirtieth (30th) year anniversary thereof. The Parties acknowledge that Government Code section 65868.5 requires the City to record this Agreement with the Ventura County Recorder’s Office no later than ten (10) days after the Parties enter into this Agreement and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties hereto, subject to the assignment provisions in Section 37.5 below.

3. Tolling for Third Party Lawsuit. If any third party files a lawsuit to challenge this Agreement, the City’s CEQA determination made in connection with its consideration of this Agreement and/or the Project Approvals (each, a “Third-Party Lawsuit”), OFI may request that the Initial Term be tolled during the pendency of the Third-Party Lawsuit by providing a 1060
5 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) written notice (“Tolling Notice”) to City within thirty (30) days after the commencement of the Third-Party Lawsuit, and said request shall be granted by City. The tolling of the Initial Term shall automatically begin upon City’s receipt of the Tolling Notice, and it shall end on the earliest of the following to occur: (A) the date on which a court issues a final judgment in the Third-Party Lawsuit and the expiration of all appeal period(s) following that judgment; (B) the date the Third-Party Lawsuit is dismissed; or (C) one (1) year from the date of issuance of the Tolling Notice.

4. Tolling for Initiative or Referendum. If the subject of an initiative or referendum petition would overturn, set aside, or substantially modify this Agreement, the other Project Approvals, or otherwise substantially impair the development of the Project, the Initial Term of this Agreement shall be tolled under this Section 4. The Term shall be automatically tolled beginning on the date that the initiative or referendum petition is submitted to the Ventura County elections official for signature verification, and ending on the date the last of the following occurs: (A) the date the County elections official determines the petition does not include a sufficient number of signatures; (B) the date the measure is voted on by the Council; or (C) the date of the election on the measure, if placed on the ballot. Notwithstanding any language in Sections 3 and 4 to the contrary, the total length of extension of the Initial Term shall not exceed one (1) year from the date the initiative or referendum petition is submitted to the Ventura County elections official for signature verification.

5. Implementation and Development of the Project. 5.1 Permitted Uses. OFI agrees that Property shall only be developed in accordance with this Agreement and the Project Approvals.

5.2 Subsequent Action and Approval. The City agrees not to unreasonably withhold, condition or delay any action or approval by the City which may be required by the Project subsequent to the execution of this Agreement.

6. Vested Right to Develop the Project. Subject to Section 9 below and the Applicable Rules, the City hereby grants to OFI the vested right to develop the Project on the Property in accordance with this Agreement and the Project Approvals. Other than the Project Approvals and this Development Agreement, development of the Project as described in this Agreement shall require no further discretionary approvals by the City. City and OFI intend to cause all development rights which may be required to develop the Project in accordance with the Project Approvals to be deemed vested in OFI for the Initial Term to the greatest extent permitted by law.

7. Rent. 7.1 Rent. Rent, as set forth in this provision, shall commence on the Operational Date.
(a) Minimum Annual Guarantee (MAG). Each year, OFI shall pay City the Minimum Annual Guarantee (the “MAG”) in the initial amount of $150,000 per year, starting on the Operational Date, in accordance with the terms set forth in this Section. 1061
6 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) Term Rent
Years 1-30 $150,000
(b) Manner of Payment. An annual prorated share of the MAG is due and payable on a calendar quarter basis, commencing within forty-five (45) days of the Operational Date and within ten (10) days following the beginning of each calendar quarter occurring thereafter without notice, demand, offset or deduction. OFI shall remit the MAG to City at the address designated by City in writing to OFI for the payment of Rent. For any portion of the Initial Term that is less than a full calendar quarter, the MAG shall be prorated based on the number of days occurring during such calendar quarter and actual number of days in such calendar quarter.
(i) Late Charge. If OFI fails to pay any installment of MAG within ten (10) calendar days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance; provided, however, OFI shall not be assessed with the foregoing late payment charge with respect to the first (1st) late payment in any consecutive twelve (12) month period unless and until OFI fails to make such payment to City within three (3) business days after written notice from City that it failed to receive such amounts within the time period set forth above.

Following the first (1st) late payment in any calendar year, no notice by City shall be required for purposes of collecting a late payment charge. The late payment charge has been agreed upon by City and OFI, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by OFI, the actual costs thereof being extremely difficult—if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and OFI shall promptly pay such charge to City together with any unpaid interest (ii) Default Interest. If any MAG is not paid within ten (10) calendar days following the due date, such unpaid amount will bear simple interest at the rate of 10% per year or the maximum permitted by law, whichever is lower (“Default Rate”) from the due date until paid. However, interest will not be payable on late charges incurred by OFI, nor on any amounts on which late charges are paid by OFI to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest will not excuse or cure any default by OFI. (iii) Application of Payments. All payments received by City from OFI will be applied to the oldest obligation owed by OFI to City. No designation by OFI, either in a separate writing, on a check or money order, or otherwise will modify this Article 5 or have any force or effect.

7.2 Additional Consideration
1062
7 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) (a) Percentage Rent. To the extent that the MAG for the 12-month period commencing on the Operational Date or anniversary of the Operational Date (“Agreement Year”) during the Initial Term is less than 30% of the Annual Net Revenue for that Agreement Year (the difference being referred to herein as “Percentage Rent”), OFI shall pay to City, in addition to the MAG, within thirty (30) days after the end of the relevant Agreement Year, and to the extent applicable, the Percentage Rent.
(i) Reports. OFI shall furnish to City an annual statement of Annual Net Revenue within thirty (30) days after the end of each Agreement Year. Such statement shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by a duly authorized officer of OFI. OFI shall keep and make available at its local office at __________________________ complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing the Annual Net Revenue, including without limitation, materially accurate records of every sale and other transaction made for any advertising display on the Billboard and any commissions paid by OFI pursuant to this Agreement. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of no less than four (4) years after the end of each Agreement Year. The receipt by City of any statement, or any payment of Percentage Rent for any period, will not bind City as to the correctness of the statement or payment.
(ii) Inspection and Audit. City, at its sole option, will be entitled, at any time and from time to time during the Initial Term and during normal business hours and with prior written notice to OFI, to inspect, examine, copy and audit OFI's books, records and cash receipts as related to Annual Net Revenue. OFI shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each Agreement Year and once after the termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis. The audit will be conducted during usual business hours at OFI’s office located at _______________________________, unless another location is mutually agreed upon. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then OFI shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that OFI understated Annual Net Revenue by more than three percent (3%) in which case OFI will pay all reasonable out-of-pocket costs paid to third party consultants and incurred by City in connection with the audit.
(b) City Usage. To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard (such usage “City Usage”).

Content displayed on the Billboard in connection with City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Billboard in increments, at the times of day and otherwise in the same manner as the commercial advertising displayed by OFI on the Billboard. Subject to the terms of this Agreement, City may use such time to promote any purpose that City, in its sole discretion determines best serves the needs of the City and residents, including but not limited to advertising City events and programs. City will submit “camera ready” artwork to OFI, at no cost to OFI, for display purposes. City agrees that for any City 1063
8 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) Usage City will provide OFI with prior written notice of its desire for City Usage, City will provide OFI with the copy or text of such messages not less than ten (10) business days prior to the date such messages are to appear on the Billboard, and City Usage shall be limited to messages for the civic and public purposes described in this Section and will not be used directly or indirectly for any types of messaging or advertising which OFI would otherwise be able to sell to third parties in the ordinary course of OFI’s business. City represents and warrants that all advertising materials and content supplied by City to OFI for display in connection with City Usage, (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity, (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which the parties may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are not false; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. City hereby agrees to indemnify, defend and save harmless OFI against any and all claims, liabilities, losses, damages, fees and expenses arising out of or in connection with the City Usage, including but not limited to any claim for defamation, or infringement of any copyright, trademark, or other intellectual property or privacy right and reasonable attorneys’ fees and expenses incurred in defending any such claims. (c) Emergency Notifications. Without any offset in the City Usage described above and at no cost to the City and as further consideration for the use and occupancy of Property, Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
(d) Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members. For the Initial Term of this Agreement, Oxnard Auto Dealers and members of the Oxnard Chamber of Commerce shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.

8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a 1064
9 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity. OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.

9. Subsequent Applicable Rules. Rules, regulations and official policies of the City, including but not limited to the General Plan, the Specific Plan, zoning and other development regulations adopted after the Effective Date of this Agreement (“Subsequent Applicable Rules”) shall not be applicable to or binding upon the Project unless they are otherwise expressly allowed by this Agreement or are consented to in writing by OFI. The City shall not require OFI to obtain any approvals or permits for the development of the Project other than those permits or approvals which are required by the Applicable Rules. This Agreement will bind the City to the terms and obligations specified in this Agreement.

10. No Conflicting Enactments. The City shall not enact rules, regulation, ordinances or other measures which limit or control the development of any part of the Project which is inconsistent or in conflict with this Agreement.

11. Moratorium or Initiative Measures. OFI and the City intend that no moratorium or other limitation (whether relating to the rate, timing or sequence of the development of the Project and whether enacted by initiative or otherwise) affecting building permits or other entitlements shall apply to the Project to the extent such moratorium or other limitation is inconsistent with or conflicts with this Agreement.

12. Legal Challenges. City agrees to cooperate with OFI in all reasonable manners in order to keep this Agreement in full force and effect. Notwithstanding the preceding sentence, in the event of any legal action instituted by a third party or other government entity or official challenging the validity of this Agreement, the City and OFI agree to cooperate in defending such action, with OFI to indemnify the City pursuant to this Agreement. In the event of any litigation challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless a court of competent jurisdiction orders otherwise.

13. Events of Default; Early Termination.
1065
10 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23)

13.1 Defaults by OFI. OFI will be in default under this Agreement (“Default”) upon occurrence of any of the following:
(a) OFI is at any time late in the payment of Rent or any other monetary sum called for by this Agreement and fails to make payment within thirty (30) days following a written notice to cure from City to OFI; or (b) OFI fails to keep and perform any of its other covenants or agreements contained in this Agreement and such failure continues for more than thirty (30) days after a written notice to cure from City to OFI specifying, the obligation which OFI has failed to perform. Where it will reasonably take OFI more than thirty (30) days, as calculated from receipt of written notice from the City to cure the default and come into compliance with applicable covenants or agreements, the 30-day period shall be extended for a reasonable time to allow OFI to come in to compliance and OFI shall be in Default under this Agreement if it has failed to commence such cure within such 30-day period and has failed to diligently pursue completion of such cure; or
(c) After receipt of a written notice to cure from the City, OFI fails to cure within thirty (30) daysand abandons and ceases to use the Property; or (d) The Billboard is not Operational by the one (1) year anniversary of the later of: (i) OFI’s receipt of approval from Caltrans for the Caltrans Permits, and (ii) OFI’s receipt of all other approvals, permits and entitlements and associated CEQA review from the City and any other relevant responsible agencies for construction and other work related to the Billboard. The one (1) year anniversary shall, however, be tolled in the event of the filing of third party lawsuits, initiatives, or referenda, as specified in Sections 3 and 4.

13.2 City’s Remedies for Default by OFI. Upon the occurrence and during the continuance of any Default identified in Section 13.1, in addition to any and all other rights or remedies of City hereunder, City will have the sole option to exercise the following rights and remedies:
(a) City may terminate this Agreement if OFI is in default and fails to cure as provided in Section 13.1(a)-(c), or is in default as provided in Section 13.1(d), including any applicable tolling period.
(b) Except as provided in subdivision (c) below, in the event of a default by OFI, City shall have the right to: (i) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (ii) bring any action to compensate City for OFI’s specific obligations to the City pursuant to this Agreement. (c) In the event that a third party lawsuit, referendum, or initiative has been filed that triggers the tolling provisions in Sections 3 and 4 and such lawsuit, referendum, or initiative has not been resolved, dismissed, terminated, or otherwise completed within the one (1) year tolling period, the City’s sole remedy for OFI’s failure to make the Billboard Operational as provided in Section 13.1(d), shall be to terminate this Agreement. 1066
11 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23)

13.3 City Remedies Cumulative. Each right and remedy of City provided for herein will be cumulative and will not preclude City from exercising any other rights or remedies provided for in this Agreement. No payment by OFI of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent will be deemed an accord and satisfaction of full payment of Rent; and City may accept such payment without prejudice to City’s right to recover the balance of such Rent or to pursue other remedies.

13.4 Default by City. City will not be in default under this Agreement unless City fails to perform obligations required of City within thirty (30) days after written notice is delivered by OFI to City specifying the obligation which City has failed to perform; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for performance, then City will not be in default if City commences performance within such 30- day period and thereafter diligently prosecutes the same to completion. All obligations of City hereunder will be construed as covenants, not conditions.

13.5 OFI's Remedies for Default by City. Upon the occurrence and during the continuance of any Default by City identified in Section 13.4, OFI will have the sole option to exercise the following rights and remedies:
(a) OFI may terminate this Agreement if City is in default and fails to cure as provided in Section 13.4.
(b) In the event of a default by City, OFI shall have the right to: (i) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (ii) bring any action to compensate OFI for City’s specific obligations to OFI pursuant to this Agreement.

13.6 OFI Remedies Cumulative. Each right and remedy of OFI provided herein will be cumulative and will not preclude OFI from exercising any other rights or remedies provided for in this Agreement.

13.7 OFI’s Early Termination Rights. OFI may terminate this Agreement effective 30 days after OFI gives the City written notice of termination, if any of the following circumstances occur:
(a) The view of the Billboard’s display area from the portion of U.S. 101 adjacent to the Property is materially obstructed, and OFI did not cause the obstruction. (b) OFI cannot safely use the Property to renovate, operate, maintain, repair, or improve the Billboard because of a non-remediable condition, and OFI did not cause the condition.
(c) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of U.S. 101 adjacent to the Property, and the diversion or disruption continues uninterrupted for at least six (6) consecutive months. (d) Through no fault of its own, OFI cannot obtain or maintain the governmental permits required to construct, operate, maintain, and repair the Billboard, 1067
12 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) including the Caltrans Permits and City permits, or there is a legal challenge to such permits and approvals, including, but not limited to, any challenges under CEQA, and OFI elects, in its sole discretion, not to oppose such challenges, OFI may withdraw its applications for approval and terminate this Agreement.
(e) Use of the Billboard for its intended purpose is prevented or limited by law, or OFI is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Billboard from the Property. (f) The City is in default of this Agreement, and said default is not timely cured.

13.8 Consequential and Punitive Damages. Anything in this Agreement to the contrary notwithstanding, neither City nor OFI shall be liable to each other under or in connection with this Agreement for any consequential or punitive damages and each party waives, to the full extent permitted by applicable laws, any claim for consequential or punitive damages, and any claim for loss of business or profits.

14. Insurance. 14.1 Types of Policies. During the Initial Term and, if OFI is removing the Billboard, during OFI’s removal of the Billboard, at no cost to City except as otherwise contemplated by this Agreement, OFI shall procure and maintain the forms and amounts of insurance covering OFI’s possession and use of the Property set forth below (“OFI’s Insurance”).

OFI’s Insurance shall be primary to and not contributing with any other insurance, self-insurance or joint self-insurance maintained by City, and shall name the City as an additional insured.

14.2 Commercial General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a limit of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate, providing coverage for blanket contractual liability (including OFI’s indemnification obligations under this Agreement), products and completed operations liability, broad form property damage, and bodily injury (including wrongful death) and advertising injury coverage.

14.3 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance, if required by law, which complies with all applicable state statutes and regulatory requirements, and employer’s liability insurance coverage in statutory amounts. OFI shall also require any contractor utilized to perform any services or work at the Property pursuant to this Agreement to maintain such workers’ compensation insurance and provide proof of such insurance prior to commencing any services or work at the Property.

14.4 Other Insurance. Any other form or forms of insurance as City may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent OFI would protect itself, but only to the extent such risks and amounts are available in the insurance market at commercially reasonable costs.

15. City’s Right to Enter and Inspect the Property. City and its authorized representatives will have the right to enter upon and inspect the Property at reasonable times (and 1068
13 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) on no less than forty-eight (48) hours’ notice) to determine OFI’s compliance with this Agreement.

16. Notification of Incidents. OFI shall endeavor to notify City within forty-eight (48) hours after OFI has actual knowledge of the occurrence of any accident or event on or about the Billboard, the Property, any portion thereof, or any improvements thereon and which OFI actually determines could give rise to a claim against City, City’s insurance, OFI, or OFI’s Insurance, except that OFI will not be so obligated with respect to any accident or event which could give rise to a claim under OFI’s workers’ compensation insurance. OFI’s notice shall be accompanied by a copy of any report(s) relating to such accident or event.

17. Nonexclusive Easements. The City reserves the right for itself and others in the future to establish nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, through or on the Property in locations that will not interfere with OFI’s use of the Property as contemplated by this Agreement. Under no circumstances shall the City permit the construction of any improvement on the Property, or adjacent City-owned properties, that will obstruct views of the Billboard from US 101. OFI will not be required to maintain or repair the utility easements unless OFI has caused the need to repair.

18. Expiration of Agreement; Holding Over. This Agreement will expire at the end of the Initial Term. If OFI holds over on the Property after the expiration of the Initial Term with the consent of City, such holding over will be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations contained in this Agreement that applied at the expiration of the Initial Term . If OFI does hold over on the Property after the Initial Term, then OFI agrees to pay City as monthly rental an amount which is equal to 1/12th of the annual Rent paid by OFI to City during the last year of the Initial Term.

19. Condition of Property. The Property and all improvements thereon, are being leased to OFI in its current, existing, “AS IS” condition. City makes no representations or warranties of any kind, express or implied, written or oral, about any of the following: the physical condition of the Property; the suitability of the Property for OFI’s anticipated use; any limitations on OFI’s use of the Property; the costs of conducting OFI’s business on the Property; or the condition of the soils or ground waters of the Property. By taking possession of the Property, OFI accepts the Property “AS IS” and acknowledges that the Property are satisfactory for OFI’s purposes. OFI has ascertained the condition of the Property through its own independent investigation and has relied solely on that independent investigation when entering into this Agreement.

20. Permitted Uses. Subject to any City Usage, OFI has the exclusive right to display an Off-site Outdoor Advertising Sign on the Property consistent with Exhibit C. City will not authorize any other Off-site Outdoor Advertising Signs on the Property. OFI’s right to construct an Off-site Outdoor Advertising Sign on the Property includes the right to the following uses: constructing, operating, maintaining, and repairing, the Billboard, and any utilities installed in connection with the Billboard; installing and maintaining utility wires, poles, cables, conduits, and pipes over or under the Property from the nearest accessible public right-ofway that support the permitted operations of the Billboard; and all rights of ingress and egress 1069
14 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) over the Property that OFI needs to access the Billboard. Subject to the City’s sole and absolute discretion as property owner, as well as the regulator through any generally applicable permit process, OFI may sublease the Property for telecommunications facilities on the Billboard with the written approval of the City and with any such revenue considered part of Annual Net Revenues. Such telecommunications facilities shall be “stealth;” not affect the aesthetic or structural integrity of the Billboard in the City’s discretion.

21. Prohibited Uses. Hazardous Substances. Neither OFI nor any of OFI’s representatives or agents may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Property, the Billboard, or any improvements thereon. Notwithstanding the foregoing, OFI may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials in such limited amounts as are customarily used to construct, operate, maintain, or repair the Billboard in accordance with this Agreement, and so long as OFI is at all times in full compliance with all applicable environmental laws. OFI shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged by OFI or its authorized representatives on or under the Billboard, the Property, or any improvements thereon to be removed therefrom and transported for disposal in accordance with applicable laws, including Hazardous Materials Laws. City will have the right to enter the Property, or any improvements thereon, from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor OFI’s compliance with its obligations concerning Hazardous Materials and Hazardous Materials Laws (the City agrees that all such testing, inspections, surveys and monitoring will be at the City’s expense unless the results of such testing, inspections, surveys or monitoring demonstrate that, with respect to OFI’s use, handling, storage, transportation, treatment, generation, release or disposal of Hazardous Materials in, on, under or about the Property, the Billboard, or any improvements thereon, OFI has violated its obligations contained in this Section. OFI shall promptly notify City in writing upon its actual knowledge of: (a) any release or discharge of any Hazardous Material by OFI or its authorized representatives; (b) any voluntary clean-up or removal action instituted or proposed by OFI, (c) any enforcement, cleanup, removal or other governmental or regulatory action instituted or threatened against OFI, or (d) any claim made or threatened by any person against OFI, the Billboard, the Property, or any improvements thereon relating to Hazardous Materials or Hazardous Materials Laws. OFI shall also supply to City as promptly as possible, and in any event within five (5) business days after OFI receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Billboard, the Property, any portion thereof, or any improvements thereon or OFI’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event OFI institutes a cleanup or removal action, OFI shall provide copies of all work plans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner.

22. Unlawful Activities. OFI may not use or permit the Property to be used in any way that violates this Agreement or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). OFI may not maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Property. OFI hereby waives any rights to compensation it may have if a court finds that the Billboard constitutes a public or private nuisance under any 1070
15 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) valid and applicable federal, state, or local law and for that reason orders OFI to remove or modify the Billboard.

23. Encumbrances. OFI may not encumber the Property or any part of the Property or the Billboard or any part of the Billboard, for any purpose, without City’s prior written consent, which City may withhold for any reason. OFI shall keep the Property and the Billboard free of all liens and other encumbrances other than those, if any, to which City consents.

24. Construction and Operation of Billboard. Subject to any required permits and approvals, OFI shall construct, operate, maintain and repair the Billboard on the Property in accordance with the provisions of this Agreement. Upon completion of the Billboard, OFI shall provide City with a complete set of as-built drawings.

25. Permitting Costs. OFI will bear the costs associated with obtaining the Caltrans Permits and costs related to all other permitting and entitlements which are required for the construction and operation of the Billboard, including obtaining any Project Approvals (as defined in Section 1.18), for the construction, operation, maintenance, and repair of the Billboard and the Property and any environmental review of the Property.

26. Plans and Specifications. At no cost to City, OFI shall prepare complete plans and specifications for the construction of the Billboard consistent with Exhibit C to this Agreement, working closely with City to develop plans and specifications that are mutually acceptable (the “Plans”). OFI shall submit the Plans to City for final approval, which City will not unreasonably withhold, condition or delay. The Billboard shall be designed to comply with all applicable state, county, and City codes and regulations.

27. Caltrans Permits. OFI is responsible for ensuring that the Billboard complies with all requirements of California’s Outdoor Advertising Act and Regulations if Caltrans determines that the Property fall within the scope of such law. As soon as practicable after the Effective Date, OFI shall apply for the Caltrans Permits, or, if necessary, engage in discussions with Caltrans to negotiate a Billboard Relocation Agreement that is mutually agreeable to both OFI and Caltrans which will permit OFI to seek all Caltrans Permits required in connection with the construction and operation of the Billboard contemplated by this Agreement. OFI agrees that upon request by the City, OFI will provide updates and any reasonably requested documentation relating to the negotiations with Caltrans for the Caltrans Permits and any status on the issuance of the Caltrans Permits. During the Initial Term, OFI shall perform all obligations under the Caltrans Permits at no cost to City. OFI shall have twelve (12) months from the Effective Date to obtain the Caltrans Permits, which period shall be subject to the one (1) year tolling period provided in Sections 3 and 4 in the event of a third party lawsuit, initiative, or referendum. If OFI has not received the Caltrans Permits at the end of such twelve (12) month period in addition to any tolling period as provided in Sections 3 and 4, and provided that OFI has diligently pursued the Caltrans Permits, City must provide OFI an extension of an additional six (6) months to obtain the Caltrans Permits. If, following such additional six (6) month extension period, OFI is still unable to obtain the Caltrans Permits, either the City or OFI can agree to another extension of time or terminate this Agreement.
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16 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23)

28. Cooperation in Completing Project; Landscaping. OFI and City acknowledge and agree that in order to provide for OFI's effective utilization of the Billboard, the Billboard must be visible without obstruction. Such effective utilization necessitates the removal of the trees depicted on Exhibit D (collectively, the “Trees”). City agrees to reasonably cooperate (at no cost to City) with OFI, including, without limitation, applying for certain permits in the name of the City, as necessary for the successful completion of the Project and fulfillment of Project requirements, including, without limitation, accomplishment of each and every mitigation measure, and all other requirements or conditions that may be imposed on the Project by other public agencies. OFI acknowledges and agrees that such requirements and conditions may include the planting of new landscaping and/or trees. OFI shall be solely responsible for paying all costs associated with this process.

29. Construction. OFI shall begin design process and permitting process for the Billboard as soon as practicable after the Effective Date and shall diligently pursue construction to completion without unnecessary interruption so that the Billboard is Operational by the date established in Section 13.1(d). OFI will be excused, however, for any delays in beginning or completing construction that are caused by a Force Majeure Event, as defined in Section 33. OFI shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay.

30. Prevailing Wages. The parties agree that any “construction, alteration, demolition, installation, or repair work” (“Improvement Work”) shall comply with applicable prevailing wage policies as set forth in California Labor Code section 1720 et seq., any applicable federal law and applicable regulations thereto (“Prevailing Wage Laws”). OFI shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers and agents from any claims arising out of or in any way connected to OFI’s obligations regarding compliance with Prevailing Wage Laws.

31. Maintenance. OFI shall be responsible for all the on-going repair, maintenance, installation, and operation costs of the Billboard, and related improvements on the Property at no cost to the City. OFI shall also be responsible for the prompt removal of any graffiti from the Billboard within forty-eight (48) hours of receiving notice of the graffiti.

32. Damage or Destruction to the Billboard. This Agreement will continue in full effect if the Billboard is substantially damaged or destroyed in whole or part by any cause whether or not covered by the fire-and-casualty insurance OFI maintains, subject to the following:

32.1 The Rent thereafter due under this Agreement will abate from the date of the casualty until the repair or replacement of the Billboard is completed.

32.2 The City and OFI will mutually agree upon the repair or replacement of the Billboard, which such repair or replacement will use any proceeds of insurance maintained by the City or otherwise at the expense of the City. In connection with any election to repair the casualty, OFI and the City will promptly apply for, and diligently pursue the issuance of, any permits or approvals needed to repair or replace the Billboard. Within thirty (30) days after obtaining the necessary permits and approvals, the party which will perform such repair or 1072
17 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) replacement will begin work to repair or replace the Billboard and diligently pursue the completion thereof.

32.3 In the event of any damage or destruction which is covered by insurance, the City will promptly make proof of loss and proceed promptly to collect, or cause to be collected, all valid claims which the City may have against insurers or others based upon any such damage or destruction. Except as otherwise provided above, amounts received on account of any losses pursuant to insurance policies shall be used and expended for the purpose of fully repairing or reconstructing the portions of the Billboard which has been destroyed or damaged.

32.4 Notwithstanding anything herein to the contrary, if (a) the cost to repair or replace the damage or destruction of the Billboard exceeds 50% of its fair-market value immediately before it is damaged or destroyed; and (b) the damage or destruction occurs during the last five (5) years of the Initial Term, then the City may terminate this Agreement upon written notice to OFI without penalty.

33. Force Majeure As used in this Agreement “Force Majeure Events” and “Pandemic Events” have the following meaning:

33.1 “Force Majeure Events” mean, collectively: (1) governmental preemption or governmental shutdowns of business in connection with a national emergency, (2) work stoppages or other delays due to pandemics or other unforeseen circumstances, (3) conditions that prevent or delay construction and which are affected by war, pandemic, civil unrest or other international, national, state or municipal emergency or other cause, (4) act of God, (5) Pandemic Events (as hereinafter defined) or (6) any other cause, similar or dissimilar, beyond the reasonable control of either party; and

33.2 “Pandemic Events” shall mean (1) governmental shutdowns of business in Ventura County in connection with the occurrence of a pandemic or other public health emergency, or (2) the issuance of “shelter-in-place” orders affecting Ventura County by one or more governmental authorities due to the occurrence of a pandemic or other public health emergency.

34. Utilities. At no cost to City, OFI shall provide and pay for all utility connections, utility equipment, and utility service required to construct, operate, maintain, repair, improve, or reposition the Billboard throughout the Initial Term (provided that City will pay for all such costs and expenses in connection with the construction and operation of the City’s Telecommunication Facilities, if applicable). OFI shall coordinate with City and the applicable utility companies for utility tie-ins and electrical power sources that OFI may need to construct and operate the Billboard.

35. Removal of Billboard. OFI shall be responsible for the removal of the Billboard, and other improvements from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), at the expiration of the Initial Term of this Agreement, unless the City waives OFI’s removal obligation in writing. In 1073
18 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) the event this Agreement is otherwise terminated or cancelled prior to the expiration of the Initial Term, OFI shall remove the Billboard and other improvements installed by OFI from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), unless the City waives OFI’s removal obligation in writing. Notwithstanding the above, OFI shall not be required to remove those portions of the Billboard and other improvements made by OFI on the Property that are more than ten (10) feet below grade. OFI shall cause the removal as required under this Section within thirty (30) days from the end of the Initial Term or from the date of early termination, whichever the case may be. If OFI does not timely remove the Billboard and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard and other improvements on the Property at OFI's expense. OFI shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal and the restoration of the Property to its state immediately prior to the installation of the Billboard. City and OFI acknowledge and agree that OFI and its assigns shall be the exclusive owner and operator of the Billboard, and that all equipment comprising the Billboard shall remain the personal property of OFI and its assigns and shall not become fixtures of the Property. City shall have no right, title or interest in the Billboard or any component of the Billboard, notwithstanding the manner in which the Billboard is or may be physically attached, mounted or adhered to the Property.

36. Taxes. OFI shall pay without abatement, deduction, or offset any income taxes or possessory interest taxes levied on or assessed against the Billboard located on the Property, OFI’s equipment, fixtures, and personal property located on or in the Property, which are directly attributable to this Agreement or OFI’s use of the Property, whether belonging, owned, or chargeable against the City. OFI shall make all such payments directly to the charging authority prior to delinquency and before any fine, interest, or penalty becomes due or is imposed for OFI’s non-payment. Following prior request by City, OFI shall provide City with proof of payment of such tax.

37. Compliance Review. 37.1 Periodic Review. Pursuant to Government Code section 65865.1, the City Manager shall, not less than once in every twelve (12) months, review the Project and this Agreement to ascertain whether or not OFI is in full compliance with the terms of this Agreement (the "Periodic Review").

37.2 Review Procedure. During a Periodic Review, OFI shall provide information reasonably requested by the City Manager that the Project is being developed in good faith compliance with the terms of this Agreement. Upon completion of a Periodic Review, the City Manager shall submit a report to the City Council setting forth the City Manager's findings. If, as a result of a Periodic Review, the City Council finds and determines on the basis of substantial evidence that OFI has not complied in good faith with the terms or conditions of this Agreement, the City shall issue a written "Notice of Noncompliance" to OFI specifying the grounds therefore and all facts demonstrating such noncompliance. OFI's failure to cure the alleged non-compliance within ninety (90) days after receipt of the notice, or, if such noncompliance is not capable of being cured within ninety (90) days, OFI's failure to initiate all 1074
19 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) actions required to cure such noncompliance within ninety (90) days after receipt of the notice, shall constitute a default under this Agreement on the part of OFI and shall constitute grounds for the termination of this Agreement by the City as provided for below.

37.3 Termination or Modification for Non-Compliance. Pursuant to Government Code Section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that OFI has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. Any action by the City with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65865.1 in addition to any other notice required by law. Additionally, the City shall give OFI written notice of its intention to terminate or modify this Agreement and shall grant OFI a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City.

37.4 Modification. Amendment or Cancellation by Mutual Consent. Pursuant to Government Code section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and OFI or their successors in interest. Public notice of the parties’ intention to amend or cancel any portion of this Agreement shall be given in the manner provided by Government Code section 65867. Any amendment to the Agreement shall be subject to the provisions of Government Code section 65867.5.

37.5 Inurement and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and OFI and may be assigned by either the City or OFI to any party or parties pursuant to the requirements of this Section. The specific rights and obligations of this Agreement shall be deemed covenants running with the land that concern and affect the Property. Prior to OFI’s assignment of any rights, duties or obligations under this Agreement, OFI shall present such information to the City as will reasonably demonstrate to the City’s satisfaction that the proposed assignee (the “Assignee”) has the financial ability and experience to fulfill those specific rights, duties and obligations under the Agreement that the Assignee will assume. The City shall have the right to approve the proposed Assignee, provided that the City’s approval may not be unreasonably withheld. Because this Agreement is a statutory Development Agreement, if City staff determine that they can recommend approval of the proposed Assignee, a public hearing before the Planning Commission and City Council will be necessary to approve the proposed amendment to this Agreement. If the City does not approve the Assignee, the City shall deliver notice to OFI of the reasons for the City’s disapproval of the Assignee. Once such approved assignment or succession has occurred and the Assignee has agreed to accept the applicable obligations under this Agreement, OFI shall be released from its obligations under this Agreement assumed by the Assignee with respect to the Property, or portion thereof, so transferred. Notwithstanding anything herein to the contrary, OFI shall not be required to obtain the City’s written consent prior to effecting a transfer of all or a portion of OFI’s interests to OFI member agencies Foster Interstate, LLC and Outfront Media, LLC.

38. Monetary Damages. OFI and the City acknowledge that neither the City nor OFI would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and OFI agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary 1075
20 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) damages which would adequately compensate OFI for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and OFI agree that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and OFI covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. This foregoing waiver shall not be deemed to apply to any fees, payments, reimbursements or other monetary amounts specifically required to be paid by OFI to the City pursuant to this Agreement.

39. Specific Performance. OFI has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement and it is not possible to determine the amount of monetary damages that would adequately compensate OFI for such efforts. Damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement, and that OFI shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. The City's remedy to terminate or amend this Agreement in the event of OFI's uncured breach shall be sufficient in most circumstances.

40. Administration of Agreement and Resolution of Disputes. OFI shall at all times have the right to appeal to the City Council any decision or determination made by any employee, agent or other representative of the City concerning the Project or the interpretation and administration of this Agreement. All City Council decisions or determinations regarding the Project or the administration of this Agreement shall also be subject to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent jurisdiction not later than ninety (90) days after the date on which the City Council's decision becomes final.

41. Recordation of this Agreement. Pursuant to Government Code section 65868.5, the City Clerk shall record a copy of this Agreement in the Official Records of Ventura County within ten (10) days after the mutual execution of this Agreement.

42. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

43. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City, OFI and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement.

44. Miscellaneous. 44.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the 1076
21 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) person giving such notice) (i) hand delivered by messenger or courier service, (ii) by overnight delivery (including Federal Express), or (iii) by United States mail (postage prepaid), registered or certified, return receipt requested, addressed to the addresses set forth below. Each notice shall be deemed delivered (1) on the date delivered if by personal delivery, (2) on the date of delivery by the overnight delivery service if by overnight delivery, or (3) seventy-two (72) hours after deposit in the United States mail (postage prepaid) if by registered or certified mail. By giving to the other parties at least fifteen (15) days’ written notice, the parties to this Agreement and their respective successors and assigns shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address.

If to City: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Manager
with a copy to: City of Oxnard
214 South C Street
Oxnard, California 93030
Attention: Community Development Director
Tel. No.: (805) 385 7877
Fax No.: (805) 385 7854
with a copy to: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Attorney
If to OFI: Outfront Foster Interstate LLC
1111 Broadway, Suite 1515
Oakland, CA 94607
Attn: John B. Foster, President
Fax: (415) 832-7080
with a copy to: Outfront Media LLC
405 Lexington Avenue, 17th Floor
New York, NY 10174
Attn: General Counsel
with a copy to: Miller Starr Regalia
1331 North California Boulevard, Fifth Floor
Walnut Creek, CA 94596
Attn: Anthony Leones
Tel: (925) 941-3261
Fax: (925) 933-4126
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22 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) Email: [email protected]
with a copy to: Wendel Rosen LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
Attn: Matt Dambrov
Tel: (510) 834-6600
Fax: (510) 834-1928
Email: [email protected]

44.2 Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The City and OFI intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid.

44.3 Entire Agreement; Conflicts. This Agreement represents the entire agreement between the City and OFI with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the City and OFI with respect to the matters contained in this Agreement. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Applicable Rules or the Subsequent Applicable Rules, then the provisions of this Agreement shall govern and prevail.

44.4 Further Assurances. The City and OFI agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably necessary to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and OFI are not thereby modified.

44.5 Negation of Agency. The City and OFI acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and OFI joint venturers, partners or employer/employee.

44.6 Attorneys' Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable out of pocket expenses not limited to taxable costs, including, but not limited to telephone calls, photocopies, expert witness, travel, and reasonable attorneys' fees and costs to be fixed by the court. Such recovery shall include, but not limited to, court costs, out of pocket expenses and attorneys' fees on appeal, if any. The court shall determine who is the "prevailing party," whether or not the dispute or controversy proceeds to final judgment. If the City or OFI is reasonably required to incur such out of pocket expenses and attorneys' fees as a result of any claim arising out of or concerning this Agreement or any right or obligation derived hereunder, 1078
23 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) then the prevailing party shall be entitled to recover such reasonable out of pocket expenses and attorneys' fees whether or not an action is filed.

44.7 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

44.8 Estoppel Certificates. Within thirty (30) days following the receipt by City of a written request by OFI, the City shall execute and deliver to the requesting OFI a statement (an "estoppel certificate") certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the City alleges that specified (date and nature) defaults exist. The estoppel certificate shall also provide any other reasonable information requested. The failure to timely deliver a requested estoppel certificate shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting OFI, and that there are no uncured defaults in the performance of the requesting OFI, except as may be represented by the requesting OFI. The requesting OFI shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of estoppel certificates under this Section prior to City's issuance of such certificates. Any such certificate may be and is intended to be relied upon by any person, including, but not limited to, the other Party, potential purchasers or lessees of all or any part of the Property, lenders or potential lenders.

44.9 Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

44.10 Relationship of the Parties; Not Third-Party Beneficiaries. This Agreement does not create any relationship or association between City and OFI other than that of landlord and tenant, and it is expressly understood and agreed that City does not in any way nor for any purpose become a partner of OFI or a joint venturer with OFI in the conduct of OFI’s business or otherwise; nor does this Agreement create between City and OFI the relationship of principal and agent. The parties do not intend to create any third-party beneficiaries to the Agreement.

44.11 Time of Essence. Time is of the essence of this Agreement, and all performances required hereunder shall be completed within the time periods specified. Any failure of performance shall be deemed as a material breach of this Agreement.

44.12 Counterparts. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document.

45. Indemnification.
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24 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23)

45.1 Definitions. For the purposes of this Section, the following definitions will apply:
(a) “Person” is to be interpreted broadly and includes OFI and OFI’s directors, officers, employees, contractors, and agents; and City and City’s elected officials, officers, employees, contractors, and agents. (b) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from OFI’s possession or use of the Property. (c) “Occurrence” means (A) the death of, or injury to, any person; and (B) damage to, or destruction of, any real property, personal property (including intellectual property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Property).

45.2 General Indemnity. Except to the extent claims are caused by the negligence or willful misconduct of the City and its employees, agents and contractors, and not waived by OFI, OFI shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, and representatives and each of their successors and assigns from and against any and all third party claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all reasonable out-of-pocket costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Initial Term as a result (directly or indirectly) of or in connection with (a) any OFI default under this Agreement (including in the performance or non-performance of any obligation on OFI’s part to be performed under the terms of this Agreement); (b) OFI's performance of the design and construction of the Billboard; (c) OFI’s or OFI’s representatives or agents use of the Property, the Billboard, any portion thereof, or any improvements thereon, the conduct of OFI’s business or any activity, work or thing done, permitted or suffered by OFI or its representatives or agents in or about the Property or any portion thereof, or any improvements thereon, except that with regard to the presence of Hazardous Materials, the Property or any improvements thereon, OFI will not be responsible for conditions that existed prior to the date that City delivers exclusive control of the Property to OFI and, whether prior to the Effective Date or not, were not caused by OFI or its authorized representatives; and (d) any negligent or willful act, error or omission of OFI or its representatives or agents in or about the Billboard, any portion thereof, or any improvements thereon (collectively, “Indemnification”). OFI shall provide such Indemnification by and through counsel reasonably approved by City. Without limiting the foregoing, OFI’s obligation under this Section includes Liabilities arising from any of the following:
(a) Any Occurrence that is caused by, or related in any way to, a verbal or nonverbal display on the Billboard.
(b) OFI’s failure to perform any provision of this Agreement due to no fault of City, to comply with any requirement of law applicable to OFI, or to fulfill any requirement imposed by any governmental entity (including City when acting as a government) on OFI or on OFI’s use of the Property. 1080
25 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) (c) Any claim that OFI’s policies with respect to the allocation of advertising time violate any person’s or persons’ First Amendment rights. (d) Any Occurrence caused or allegedly caused by (i) any condition of the Property created by OFI or by any Person on the Property with OFI’s permission; or (ii) some act or omission on the Property by OFI or by any Person on the Property with OFI’s permission.

OFI agrees that its obligation under this Section includes the reasonable costs of attorney fees incurred by City’s City Attorney’s Office to monitor and consult with OFI regarding the defense of any such Liabilities, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. City will use its best efforts to avoid duplicative attorney work or appearances in order to keep litigation costs to a reasonable minimum. OFI further acknowledges and agrees that settlement of any Liabilities requires the consent of City. City agrees that its consent will not be unreasonably withheld provided that OFI is financially able (based on demonstrated assets) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Agreement

45.3 Hazardous Materials. Except to the extent caused by City’s negligence or willful misconduct, caused by a third party or with regard to the presence of Hazardous Materials on the Property as of the date City delivers exclusive control of the Property to OFI, OFI shall indemnify, defend and hold City harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys’ fees and expenses and consultant fees and expenses) caused or alleged to have been caused by OFI’s use, storage, handling, treatment, generation, discharge or release of Hazardous Materials in violation of OFI’s obligations under this Agreement, whether such claims, causes of action or liabilities are first asserted during the Initial Term or thereafter, and including claims made against City with respect to bodily injury, death or property damage sustained by third parties caused or alleged to have been caused by OFI’s use, storage, handling, treatment, generation, discharge or release of Hazardous Materials. For the purposes of clarification, the indemnity contained in this Section will be the sole indemnity OFI provides to the City with respect to Hazardous Materials and (b) OFI will not be responsible for nor indemnifies the City for any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses with respect to Hazardous Materials which do not directly result from OFI’s use, storage, handling, treatment, generation, discharge or of Hazardous Materials in violation of OFI’s obligations under this Agreement.

45.4 Survival. Each party’s obligations under this Agreement will survive expiration or termination of this Agreement for a period of three (3) years following termination.

45.5 Reference of California Law. Unless expressly stated to the contrary, all references to statutes herein are to the California codes.

45.6 Interpretation of Agreement. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. City and OFI acknowledge and agree that this Agreement has 1081
26 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) been prepared jointly by City and OFI and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.

45.7 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement.

Such legal actions must be instituted in the Superior Court of the County of Ventura, State of California or in the United States District Court for the Central District of California.

45.8 No Relocation Benefits. It is agreed that nothing contained in this Agreement shall give OFI any right to occupy the Property at any time after the expiration of the term of this Agreement or its termination. OFI agrees that, upon the expiration of termination of this Agreement, OFI’s use of the Property for the location of a Billboard or this Agreement shall not entitle OFI to any relocation benefits from the City pursuant to any federal, state or local law and waives any such claim against the City.

Signatures on Following Page
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27 Development Agreement and Lease of Real Property (RP Blvd. 1_5_23) IN WITNESS WHEREOF, the City and OFI hereto have each executed this Agreement as of the date first written above.

CITY: CITY OF OXNARD, a California municipal
corporation
By: ___________________________________
Mayor
ATTEST: _____________________________ Rose Chaparro, City Clerk APPROVED AS TO FORM: _____________________________ Stephen Fischer, City Attorney

OUTFRONT FOSTER INTERSTATE LLC
By Its Members:

FOSTER INTERSTATE LLC
By:

Print Name: John B. Foster
Title: Manager

OUTFRONT MEDIA, LLC
By:

Print Name: ___________________________
Title: _________________________________
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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING PLANNING AND ZONING PERMIT NO. 20-500-07 (SPECIAL

USE PERMIT) TO ALLOW FOR THE INSTALLATION AND OPERATION OF

AN FREEWAY ORIENTED ELECTRONIC BILLBOARD AND
LANDSCAPING IMPROVEMENTS, LOCATED BETWEEN THE U.S. 101
AND RIVERPARK BOULEVARD APPROXIMATELY 850 FEET NORTH OF

VINEYARD AVENUE IN THE NORTHERN PORTION OF THE CITY OF

OXNARD AND OVERTURNING THE PLANNING COMMISSION DENIAL
(APN: 132-0-311-075). FILED BY LARS SKUGSTAD, 1111 BROADWAY, SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE “PROPERTY OWNER”).

WHEREAS, on October 15, 2020, Lars Skugstad (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit Nos. 20-500-07 (Special Use Permit), 20-670-06 (Development Agreement), and 20-630-02 (Specific Plan Amendment) to allow for the installation and operation of an electronic billboard on an approximately 0.25-acre undeveloped site located between the U.S. 101 and Riverpark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard. The Special Use Permit allows for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. The top of the billboard would be approximately 60 feet in height above the ground, and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width. The Special Use Permit will also include minor landscape improvements within the adjacent Caltrans right of way. These will include the removal of the existing eucalyptus trees and the planting of alternatives, subject to Caltrans approval.

The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the required public benefits to be provided by the future development. The proposed Specific Plan Amendment would amend the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan. (“Project”); and WHEREAS, the City of Oxnard as the Lead Agency, has prepared Final IS/MND 22-02 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, The Final IS/MND 22-02 identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The Final IS/MND 22-02 found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that 1095
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have been required within the Final IS/MND 22-02 would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the Final IS/MND 22-02 includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests; and WHEREAS, pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The Planning Commission has independently reviewed and analyzed the Final IS/MND 22-02 prepared for the Project. The Final IS/MND 22-02 is an accurate and complete statement of the potential environmental impacts of the project. The Final IS/MND 22-02 was prepared under the direction of the City of Oxnard Planning Division and reflects its independent judgment and analysis of the environmental impacts.

WHEREAS, in accordance with the California Environmental Quality Act, the Planning Commission considered the proposed Final IS/MND 22-02 before making its recommendation, on the basis of the whole record before it finds, there is no substantial evidence that the project will have a significant effect on the environment, and recommends that the City Council adopt the Final IS/MND 22-02; and WHEREAS, the City Council is concurrently reviewing a Development Agreement request that allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the required public benefits to be provided by the future development (PZ 20-670-06), and a Specific Plan Amendment would amend the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan. (PZ 20-630-02); and
Whereas, the Development Advisory Committee (DAC) reviewed the plans on November 18, 2020 and provided conditions of approval for the project; and WHEREAS, the project applicant mailed notices to all property owners within the RiverPark neighborhood and presented the project at the December 20, 2021 Community Workshop; and
WHEREAS, on January 19, 2023, 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 Final IS/MND 22-03 pursuant to the California Environmental Quality Act (CEQA); and 1096
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WHEREAS, Sections 16-536 and 16-651 of the OCC authorize the Planning Commission to approve a Special Use Permit; and
WHEREAS, on January 19, 2023, the Planning Commission also reviewed all of the information provided in the staff reports and considered the testimony given at the public hearings, including all written communications to the Planning Commission, as well as other pertinent information; and
WHEREAS, on January 19, 2023, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on February 2, 2023.

WHEREAS, on February 2, 2023, the Planning Commission voted 6-0-1, to adopt Resolution No. 2023-08 to deny the project; and
WHEREAS, on February 16, 2023, the City filed a timely request for review of the decision of the Planning Commission’s denial of Planning and Zoning Permit No. 20-500-07 (Special Use Permit) within 18 days after the Planning Commission action pursuant to Sections 16-544 and 16-545 of the Oxnard City Code (“OCC”), to allow for the City Council to review the whole of the Project; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public hearing to consider the City’s Request for Review of the Planning Commission’s decision to Deny Planning and Zoning Permit No. 20-500-07 (Special Use Permit) in accordance with Oxnard City Code Sections 16-530 through 16-553 of the Oxnard City Code; and 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 City Council considered Final IS/MND 22-02 prior to making recommendations on the Project; 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 Planning Commission Staff Report; and
WHEREAS, the City Council finds after due study and deliberation 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 1097
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work, visit or live in this development in particular.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF OXNARD APPROVES PLANNING AND ZONING PERMIT NO. 20-500-07 (SPECIAL USE PERMIT), SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS:

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

SECTION 2. The City Council finds that the Special Use Permit is internally consistent with all other provisions of the City of Oxnard 2030 General Plan if the City Council approves a Ordinance Amendment (PZ 20-580-06) to allow for Freeway Adjacent Digital Display Billboards, Specific Plan Amendment (PZ 20-630-02) to allow Freeway Adjacent Digital Display Billboards pursuant to the Oxnard City Code, and Development Agreement (PZ 20-670-06) to allow for the use of City Property.

SECTION 3. The City Council finds that the Special Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, including the Special Use Permit Planning Commission and City Council Staff Reports and all attachments thereto, the City Council finds:

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

The Project site has 2030 General Plan land use designations of Commercial Regional (CR) and a zoning designation of RiverPark Specific Plan (RPSP). The proposed project includes the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. 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 Commercial Regional (CR) and a zoning designation of RiverPark Specific Plan 1098
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(RPSP), the proposed use of the project site for a freeway oriented electronic billboard is, is an allowed use, subject to a Special Use Permit (OCC §16-609) (subject to approval of PZ 20-580-06). The surrounding uses are primarily characterized by urban development, as it is located within one of the the City’s Urban Village area. The surrounding development includes commercial, mid-rise office space, and high density residential. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building, Fire, and Traffic Codes.

Also, the environmental impacts were analyzed under Final IS/MND 22-02. The Final IS/MND 22-02 found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the Final IS/MND 22-02 would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the Final IS/MND 22-02 includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests. Therefore, the proposed use and improvements, as conditioned, will not adversely affect or be materially detrimental to the adjacent uses, buildings or structures or to the public health, safety or general welfare.

3. The site that is subject to the Special Use Permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and items which may be required by Section 16-532 (Conditions).

As described in the Staff Report, the project as designed and conditioned meets the development standards for Freeway Oriented Electronic Billboards as described above in Finding Section 1(1). Pursuant to the Zoning Code, the Project has been designed to be consistent with the applicable development standards. As detailed in the Staff report, the project site is approximately 0.25-acres which is adequate to accommodate the Billboard. 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 is directly adjacent to North Ventura Road right of way. The sign will be controlled remotely and will therefore require no 1099
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onsite employee, therefore no parking is required. The operation of the Billboard will not generate any regular traffic, aside for the occasional maintenance. Therefore, the existing roadway will continue to be adequate. As described in the IS/MND, 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.

The project only includes the construction of an electronic billboard. As discussed in the MND, the project will have a minimal impact on City utilities, as the project will only require electrical service. Furthermore, the Project was reviewed by the Development Advisory Committee for adequate utilities and services. The project is not anticipated to result in any significant impacts to utilities and public services. Therefore, the site for the proposed use will be provided with adequate sewage, water, fire protection and storm drainage facilities.

6. Complies with the requirements of Section 16-609 and Chapter 16 of the Oxnard City Code.

As described in the Staff Report, the project as designed and conditioned meets the development standards for Freeway Oriented Electronic Billboards as described above in Finding Section 1(1). Pursuant to the Zoning Code, the Project has been designed to be consistent with the applicable development standards.

7. Will not create a significant traffic or other public safety hazard.

As described in the Staff Report, and as described above in Finding Section 1(4), the Project will not generate regular traffic, as there are no onsite employees. In accordance with Oxnard City Code and the project conditions, the Project must comply with all applicable federal, state, and local laws, including the Highway Beautification Act of 1965 (23 United States Code Section 131), the Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), and this Article IX, when constructing, operating, improving, maintaining, repairing, and removing the Freeway Adjacent Digital Display Billboard. Conditions have also been added to regulate the display cycle, including limitations on the frequency of the image transitions, restrict the use of videos, flashing, blinking or any other means not providing constant illumination.

The brightness has also been conditioned to comply with all applicable laws and regulations concerning brightness, including, without limitation, California Building and Professions Code Section 5403(g) and California Vehicle Code Section 21466.5. Lastly, the Final IS/MND 22-03 includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) 1100
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allowing for remote shut off in the event of malfunction and conducting illumination level verification tests. Therefore, the proposed use, as conditioned and compliance with the federal, state, and local regulation, will not create a significant traffic or other public safety hazard.

8. Will be of appropriate size, scale, and design for the area in which it will be located.

As described in the Staff Report, the project as designed and conditioned meets the development standards for Freeway Oriented Electronic Billboards as described above in Finding Section 1(1). The project is directly adjacent to U.S. Highway 101, within an urban area as designated by the City’s Urban Village designation, which includes a variety of urban uses including the high density residential, commercial, and mid to high rise office uses. Also, in compliance with the height standards the Projects maximum height directly corresponds with the height of the adjacent freeway to ensure the scale of the sign is appropriate as viewed from the freeway. Additionally, the Project was analyzed under Final IS/MND 22-02, and it was determined that with the appropriate mitigation all project impacts would be less than significant. These mitigations have been included in the project conditions. Therefore, the proposed use, as designed and conditioned, will be of appropriate size, scale, and design for the area in which it will be located.

9. Will be of high quality in appearance, design, and construction, and will be subject to conditions, as appropriate, governing its design and operation.

The pole would extend approximately 55 feet above ground. The portion of the pole above ground would be painted primarily gray except for the upper 10.5 feet that would be painted black, and mostly covered by the sign face. The pole design has been kept simple with the gray color, to minimize the visual impact of the pole itself, and allow it to blend into the background. The top of the billboard would be approximately 60 feet in height above the ground and the dimensions of the electronic billboard sign would be

14.5 feet in height and 48.5 feet in width. The Project is also conditioned to maintain the pole and sign in good condition. A graffiti plan is required to ensure timely removal of any graffiti. The project is also conditioned to maintain the pole in a uniform color.

Therefore, the proposed use, as designed and conditioned, will be of high quality in appearance, design, and construction.

SECTION 5. 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 IS/MND 22-02, all potentially significant impacts associated with the proposed project would be reduced to less than significant levels.

SECTION 6. This Resolution shall not become effective unless and until the City of Oxnard City Council adopts the Final IS/MND 22-02 and approves the associated Ordinance Amendment (PZ No. 20-580-06), Specific Plan Amendment (PZ No. 20-630-02), and 1101
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Development Agreement (PZ 20-670-05). If the City Council fails to approve any of these permits, then this Resolution shall become null and void and be of no further force and effect.

SECTION 7. Based on the findings set forth herein, the City Council hereby approves Planning and Zoning Permit No. 20-500-07 (Special Use Permit), subject to the attached conditions of approval.

SECTION 8. The decision of the City Council shall be final.

SECTION 9. The City Clerk shall certify the adoption of this Resolution.

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

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

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). 1102
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2. This permit is granted for the plans dated January 19, 2023 (“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. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)

4. 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)

5. 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)

6. 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)

7. 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)

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

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

10. 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) 1103
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11. 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)

12. 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)

FIRE DEPARTMENT STANDARD CONDITIONS

13. All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5)

14. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)

15. Developer shall comply with Certified Unified Program Agency (CUPA) requirements regarding the storage, handling and generation of hazardous materials or waste. Prior to the issuance of building permits, Developer shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16)

FIRE DEPARTMENT SPECIAL CONDITIONS

16. Contractor shall ensure adequate fire and safety precautions are maintained on site at all times as prescribed in Chapter 33 of the California Fire Code.

17. All fires shall be immediately reported to the Oxnard Fire Department.

PLANNING DIVISION STANDARD CONDITIONS

18. 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)

19. 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)

20. 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)

21. 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 1104
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least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (B/DS, PL-11)

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

23. 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).

24. 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)

25. Construction activities shall be limited to the hours of 7 am to 7pm, Monday through Saturday. No construction shall occur after hours, on Sundays, or national holidays without permission from the City.

PLANNING DIVISION SPECIAL CONDITIONS

26. These conditions of approval impose specific fees, dedications, reservations and/or other exactions. Pursuant to Government Code Section 66020, the 90-day period in which the Developer or Applicant has to protest the imposed fees, dedications, reservations and/or other exactions has begun as of the date that the conditions of approval are approved. (PL)

27. Applicant shall submit a check made out to the City of Oxnard in the amount to be determined for payment of outstanding discretionary permit and environmental processing fees associated with the development project. Funds shall be deposited prior to issuance of a grading permit.

Additional funds to be paid when hours or contract planner hours exceeds deposited amounts (PL).

28. Developer shall comply with the mitigation measures identified in the Mitigated Negative Declaration Nos. 22-01 and 22-03 for the project. (PL)

29. Developer shall ensure that all construction equipment is maintained and tuned to recommended manufacture’s specifications. (PL)

30. 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. (PL)

31. 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 1105
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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)

32. 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. (PL)

33. 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), Rule 55 (Fugitive Dust), and Rule 55.1 (Removal of Visible Roadway Accumulations). (PL)

34. Developer shall remove any and all graffiti from any part of the sign structure within 48 hours of graffiti appearance. The surface of such affected areas shall be exactly matched to blend in with the underlying colors and/or design, and shall not look like a paint patch. If the paint cannot be matched exactly, the entire structure shall be repainted. (PL)

35. Before the City issues building permits, Developer shall provide a Graffiti Deterrent Plan, subject to the approval the Planning Division Manager. Such plan shall include such elements as washable paint and sealers on the structure and the procedures and contact for removal of graffiti within 48 hours of appearance. (PL)

36. This permit is granted subject to the approval of Development Agreement (PZ 20-670-05) for the project property. (PL)

37. This permit is granted subject to the approval of Ordinance Amendment (PZ 20-580-06). (PL)

38. This permit is granted subject to the approval of Specific Plan Amendment (PZ 20-630-02). (PL)

39. All freeway adjacent digital display billboards shall either be double faced or include covered backs or facings. All interior equipment shall be screened from public view.

40. The Freeway Adjacent Digital Display Billboard shall not exceed 0.3 foot-candles over ambient levels at a distance of 250 feet in any direction. Illuminance can be measured by using a foot-candle meter held at a height of approximately five feet and aimed toward a sign consistent with the sign-to-viewer distance. The Freeway Adjacent Digital Display Billboard shall comply with all applicable laws and regulations concerning brightness, including, 1106
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without limitation, California Building and Professions Code Section 5403(g) and California Vehicle Code Section 21466.5.

41. Developer shall comply with all applicable federal, state, and local laws, including the Highway Beautification Act of 1965 (23 United States Code Section 131), the Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), and the Oxnard City Code, when constructing, operating, improving, maintaining, repairing, and removing the Freeway Adjacent Digital Display Billboard.

42. The Freeway Adjacent Digital Display Billboard shall show a series of still images, each displayed for at least eight (8) seconds. The still images shall not move or present the appearance of motion and may not use flashing or blinking lights or any other means not providing constant illumination. Transition or blank screen time between one still image and the next may not exceed one (1) second.

43. The billboard shall include an operating mechanism that allows for the billboard display to be turned off or turned to all black remotely in the event of a malfunction or failure in any system or subsystem that results in the display wholly or partly appearing to flash.

44. Plans submitted by Developer with building permit applications shall show on the structure elevation sheets all exterior building materials and colors, including product and finish 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.

45. This permit shall automatically become null and void 36 months from the effective date of the Development Agreement (PZ No. 20-570-06) (30 days after the second reading of the Development Agreement is adopted), 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.

46. Developer shall deposit $5,000 for mitigation monitoring and reporting associated with the development project (PZ No. 20-500-06). Such funds shall be deposited prior to building permit submission. Additional deposits shall be made to cover staff time required to monitor implementation of project conditions until the final inspection is granted for the development.

Mitigated Negative Declaration 22-01 and 22-02 Mitigation Measures Developer shall comply with the mitigation measures identified in Final Mitigated Negative Declarations (MNDs) 22-01 and 22-03, associated with the Ordinance Amendment (PZ No. 20-580-06) and Special Use Permit (20-500-07), Development Agreement (20-670-05), and Specific Plan Amendment (20-630-02), respectively.

Aesthetics
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47. Prior to permit issuance, developers shall demonstrate that light trespass illuminance of 0.5 fc or greater for urban areas and 0.2 fc or greater for natural areas shall not be exceeded. (AES-1)

48. Each proposed light emitting diode (LED) billboard shall include an operating mechanism (hardware or software controlled) that turns off the display or turns it to all black in the event of a malfunction or failure in any system or subsystem that results in the display wholly or partly appearing to flash. (AES-2)

49. Within 14 days of each electronic billboard being operational, annually, and as required by City staff (i.e., after maintenance, malfunctions, multiple complaints), Developer shall submit to the satisfaction of the Community Development Director the following information:
○ A third party test conducted after installation to verify that the electronic billboard complies with the requirements not to exceed 0.3 foot-candle above ambient light at 250 feet from the face of the electronic billboard or exceed the 0.5 foot-candle at any residential uses or 0.2 fc at natural areas. (AES-3)
Air Quality

50. Developer shall demonstrate that construction and operational activities associated with each electronic billboard would not exceed the VCAPCD thresholds of significance that include a maximum daily ROG (VOC) or NOx emissions above 25 pounds per day (lbs/day). (AQ-1) Biological Resources

51. Construction activities involving vegetation removal as well as installation of the proposed billboard shall be conducted between September 16 and December 31, outside the nesting season for birds and raptors in the region. If vegetation removal or installation must occur during the nesting season (January 1 – September 15), a qualified biologist shall conduct a preconstruction survey for active nests within areas that will be subject to vegetation removal, construction noise, and/or ground disturbances, including a 500-foot buffer around existing trees and landscaped areas, to identify any potential active nests within seven days prior to work activities. Buffer distances can be adjusted at the discretion of the biologist based on the location of the nest, species, and surrounding land uses. If no sign of nesting activity is observed, construction may proceed without potential impacts to nesting birds.

If an active nest is observed during the pre-construction clearance survey, an adequate buffer determined by the City Approved qualified biologist shall be established around the active nest depending on sensitivity of the species and proximity to construction activity and impact areas. Onsite construction monitoring may also be required to ensure that no direct or indirect impacts occur to the active nest or nesting activities. Construction activities shall be avoided within the buffer, unless otherwise approved by the City-approved monitoring biologist (e.g., vehicles could pass through buffer areas while jackhammering would be restricted). Buffers shall be clearly marked and defined to restrict certain activities where they could result in nest 1108
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failure, and shall remain in place until nests are no longer active, as determined by the City-approved monitoring biologist. (Bio-1)

52. To avoid impacts to nesting least Bell’s vireo, construction activities within 500 feet of suitable nesting habitat shall be timed to avoid the season when nests may be active for this species (March 15 to September 15). If avoidance of work activities within this time period is not feasible, a focused nest survey for least Bell’s vireo shall be conducted within suitable nesting habitat the season prior to initiation of work activities, to determine their presence or absence within 500 feet of proposed work limits. In accordance with the USFWS survey protocol, eight focused surveys spaced a minimum of 10 days apart shall be conducted during the period of April 10 to July 31. The results shall be submitted in a report to the USFWS.

If the focused protocol nest surveys do not indicate the presence of least Bell’s vireo, no further mitigation is required. A negative finding is considered valid until the following breeding season. Additional surveys shall be required each year that work is conducted in least Bell's vireo breeding habitat during the breeding season. If focused surveys indicate the presence of least Bell’s vireo, a formal Endangered Species Act consultation with the USFWS shall occur prior to disturbance of this species or its habitat.

If occupied habitat and/or nesting individuals are determined to be present based on the focused survey, and work cannot be avoided during the nesting season, a preconstruction clearance survey shall be performed by a qualified City-approved biologist within 7 days prior to work activities to determine the approximate location of nesting territories within 500 feet of work areas. Surveys shall be conducted by a biologist approved by the USFWS and CDFW for conducting least Bell’s vireo nest surveys, or by a biologist with least Bell’s vireo survey experience, so long as the nest is not approached and/or disturbed. If a nest is detected or active breeding is determined, work shall halt within 500 feet of the nesting territory, and the area shall be monitored on a weekly basis until a City-approved qualified biologist determines the nest is no longer active and the young have fledged.

Cultural Resources

53. Prior to ground disturbance, the Applicant is required to retain a City-approved archaeologist and Native American Monitor. In the event that historic or archaeological resources are unearthed during ground-disturbing activities, these activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside the buffer area. All historic and archaeological resources unearthed by construction activities associated with the proposed Program shall be evaluated by a qualified professional archaeologist who meets the U.S.

Secretary of Interior’s Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be historic, Native American Tribes/Individuals shall be contacted and consulted and Native American construction monitoring shall be initiated. The Applicant 1109
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and the City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. (CUL-1)

54. Prior to ground disturbance, the Applicant is required to retain a paleontologist for monitoring of ground disturbing activities. In the event that paleontological resources are unearthed during ground-disturbing activities, these activities shall be halted or diverted away from the vicinity of the find until it is assessed for scientific significance and collected. Monitoring shall include matrix screening for the presence of microfossils; however, monitoring is largely a visual inspection of sediment. (CUL-2)

55. A qualified archaeologist and Native American Monitor shall be present during construction-related ground disturbance activities in order to identify any unanticipated discovery of tribal cultural resources. The qualified archaeologist and Native American monitor may be different individuals or the same individual if the City determines that individual qualifies as both a qualified archaeologist and Native American monitor. All archaeological resources unearthed by construction activities shall be evaluated by the qualified archaeologist and Native American Monitor. If the resources are determined to be human remains, the coroner shall be notified, and if the human remains are Native American in origin, the coroner shall notify the NAHC as mandated by state law, who will then appoint a most likely descendent, who shall then coordinate with the landowner regarding treatment and curation of these resources. Typically, the most likely descendent will request reburial or preservation for educational purposes. If a resource is determined by the qualified archaeologist to constitute a “historical resource” pursuant to CEQA Guidelines Section 15064.5(a) or a “unique archaeological resource” pursuant to PRC Section 21083.2(g), the qualified archaeologist shall coordinate with the Applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources.

Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis.

Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes. (CUL-3)

DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS

56. Developer shall pay plan check and processing 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) 1110
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57. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the City Engineer issue a stop work order until such time as the graffiti is removed. (DS-20)

58. 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)

59. Developer shall pay the cost of all inspections of on‑site and off‑site improvements. (DS-22)

60. Developer shall be responsible for all project‑related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23)

61. Developer shall be responsible for and bear the cost of replacement of all existing survey monumentation (e.g., property corners) disturbed or destroyed during construction, and shall file appropriate records with the Ventura County Surveyor's Office. (DS-64)

DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS

62. Developer shall demonstrate to the satisfaction of the City Engineer that the placement of the sign within 10-inches of the property does not create any violations of the California Building Code in effect upon submittal of building permit application. (DS)

63. Landscaping and land disturbance outside of the permitted parcel (APN 132-0-311-075) are not permitted without written approval by the affected property owner(s). (DS)

64. Prior to permit issuance, Developer shall coordinate and acquire the necessary permit from the California Department of Transportation (Caltrans) for highway facilities that need to be adjusted or relocated. (DS)

65. Developer shall submit to the City Engineer a review analysis from the project soils engineer for the existing sewer lift station evaluating the effects of the proposed sign footings on the lift station and existing underground improvements. (DS)
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Oxnard on this 21st day of March 2023, by the following vote:

AYES:

NOES:
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ABSENT:

ABSTAIN:

RECUSE:

John Zaragoza, Mayor
ATTEST: ________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
1112
Riverpark Boulevard Electronic
Billboard Project
1 City Council
March 21, 2023
Planning & Zoning Permit Nos. 20-500-07 (Special Use Permit), 20-670-06 (Development Agreement), and 20-630-02 (Specific Plan Amendment) Joe Pearson II, Planning Manager
Maureen Tamuri, Interim Community Development Director
1113
Executive Summary
• On February 2, 2023, the Commission denied a Special Use Permit and recommended City Council denial of three related permits, for a Electric Billboard, which will be described in this presentation. • City Staff filed a request for review of the Planning Commissions denial of the Special Use Permit to ensure that the City Council had the opportunity to review the whole of the project.
• Staff continues to recommend approval of the Project as originally proposed by the Applicant.
• In summary, at this public hearing, the City Council has the option to move forward with: (1) the approval of the Project; or (2) provide direction to deny the Project and direct City staff to return at a date certain. 2 1114
Project Description
• A request for the following actions:
○ PZ 20-500-07 (Special Use Permit)
• Allow for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products.
• The top of the billboard would be approximately 60 feet in height above the ground, and the dimensions of the electronic billboard sign would be

14.5 feet in height and 48.5 feet in width.
• The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width.
• Minor Landscape Improvements
3 1115
Project Description (Cont)
• A request for the following actions:
○ PZ 20-670-06 (Development Agreement)
• Allow for for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the required public benefits to be provided by the future development. ○ PZ 20-630-02 (Specific Plan Amendment)
• The proposed Specific Plan Amendment would amend the
RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan.
4 1116
Project Location
5 Subject Site: Located between the U.S. 101 and
Riverpark Boulevard approximately 850 feet
north of Vineyard Avenue in the northern
portion of the City of Oxnard.
1117
Project Location
6 Project Location
Project Location
1118
Aerial-View
Project Location
7 Project Location
Reference North

LOCATION GENERAL

PLAN ZONING EXISTING LAND USE
Project Site Commercial
Regional
The RiverPark
Specific Plan
(Public Facilities)
Vacant
North Commercial
Regional
The RiverPark
Specific Plan
(Public Facilities
and Residential:

High)
Vacant/Apartments
South
Highway
101/Regional
Commercial
Highway
101/General
Commercial
Highway 101/The Esplanade
Shopping Center
East Commercial
Regional
The RiverPark
Specific Plan
(Public Facilities
and Commercial
Retail)
Vacant/Fast food Restaurant and
Retail Store
West Highway
101/Easement Highway 101 Highway 101
1119
General Plan & Zoning Maps
Commercial General (CG)
General Plan Land Use Designation Zoning Designation
RiverPark Specific Plan
8 1120
Background - Exclusive Negotiation Agreements (ENA)
9 • On June 18, 2019, the City Council approved and authorized the Mayor to execute Exclusive Negotiation Agreements (ENAs) with Clear Channel Outdoor, LLC and another with Outfront Foster Interstate, LLC -- both for potential digital billboard sites.
• Under the terms of the ENAs, both companies were given the exclusive right to negotiate with the City for an initial six-month period, and two additional six-month terms if the projects were being diligently pursued by the parties. • On June 7, 2022, the City Council determined that significant enough progress had been made to amend the ENAs, to grant another 6 months (until June 2023), as well as provided the City Manager with authority to extend the ENAs for two additional six-month terms if the projects are being diligently pursued by the parties. 1121
Background - Code Amendment
10 • Concurrent with the process of this Project the City is processing amendments to Article IX. Advertising Signs of the Oxnard City Code to permit Freeway Adjacent Digital Display Billboards on parcels designated as commercial, industrial, or public facilities within 400 feet of the U.S. 101 right-of-way within the City of Oxnard. • Each Freeway Adjacent Digital Display Billboard shall be separated from every other Freeway Adjacent Digital Display Billboard by at least 2,000 feet with a maximum of four (4) allowed in the City.

1122
Background - RiverPark Specific Plan
11 • The RPSP was adopted by the City Council on September 10, 2002, together with the General Plan Amendment, Zone Change, Annexation, Development Agreement, and EIR certification related to the RPSP approval.
• The original RPSP allowed for the phased development of 2,805 dwelling units and 2,485,000 square feet of commercial development (including approximately 221,000 square feet of existing office development that was approved under the Oxnard Town Center Specific Plan, prior to the adoption of the RPSP). • Seven prior amendments to the specific plan have been approved.

1123
Proposed Site Plan
12 Proposed
Sign
1124
Proposed Sign Elevations
13 1125
Proposed Sign Renderings
14 1126
Proposed Landscape Improvements
15 1127
Development Agreement
• 30 Year Term
• Monetary Payment
• City Usage of the Billboard
• Emergency Notifications
• Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members • Prohibitions
• Allow for the use of City Property through a lease agreement 161128
RiverPark Specific Plan Amendment
• Add “Type 7-C: Freeway Adjacent Digital Display Billboards” building type.
• Provide development standards for Type 7-C: Freeway Adjacent Digital Display Billboards.
• Adjust landscaping requirements to remove freeway planting requirement where Billboards are proposed.
• Refer to OCC for specific standards.
171129
Applicable General Plan Policies
• Many policies are directly or indirectly applicable to the proposed project. Some of the key policies are:
• Community Development Policy 3.1& 4.1 - Land Use Conflicts • Community Development Policy 9.1, 9.3, & 9.4 - Neighborhood Identity Gateway Enhancement/View Corridor Preservation
• Environmental Resource Policies 6.1, 6.2, and 6.5 - Views in New Development/Scenic Resources, Lighting and Glare
• Community Development Policy 8.5 - Impact Mitigation
181130
Zoning Code Compliance
• As noted above the City is concurrently processing an Ordinance Amendment (PZ 20-580-06) to allow for Freeway Adjacent Digital Display Billboards, as currently being proposed. The proposed ordinance amendment includes development standards which will be applicable to all Freeway Adjacent Digital Display Billboards developed within the City.
• The proposed project has been designed to be consistent with the proposed ordinance, as further detailed in the Staff Report. 191131
Environmental Review
• An environmental consultant, under the supervision of Planning Division staff, prepared IS/MND which evaluated potential environmental impacts of the proposed Project. The IS/MND was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA).
• City prepared a Mitigated Negative Declaration (MND):
a. MND review period for 30 days (30 days required)
b. City received four comment letters
c. Comments and responses included in MND
d. Changes made to Draft MND for Final MND based on comments • Final IS/MND includes a Mitigation Monitoring and Reporting Program:
a. Details process to implement required mitigation measures b. After implementation of standard conditions and mitigation measures, all potentially significant impacts reduced to less than significant levels 201132
Environmental Review
• Final IS/MND identified the following:
• Class 2 impacts (potentially significant by mitigable, mitigation required) • Biological Resources
• Cultural and Tribal Cultural Resources
• All other impact area were identified as Class 3 (less than significant) • Aesthetics included two recommended mitigations were incorporated • Staff determined that there is no substantial evidence that the Project will have a significant effect on the environment.
211133
January 19, 2023 Planning Commission
• The Planning Commission considered the Project and following Commission deliberation, a motion of Intent to Deny the Project as they could not make all of the Findings required to support the Project. • As it relates to the Special Use Permit, the Planning Commission found they could not make required Findings
• 1 (adopted policies)
• 2 (safety general welfare),
• 6 (development standards),
• 7 (traffic), and
• 8 (size and scale)
• The Planning Commission continued the hearing to February 2, 2023, to ratify the action by approving a Resolutions of Denial. 221134
February 2, 2023 Planning Commission
• The Planning Commission held the continued public hearing • On February 2, 2023, the Commission voted 6-0 (with one commissioner absent), to adopt a resolution denying the Special Use Permit and recommending denial of the Specific Plan Amendment and Development Agreement to the City Council.
• As the final decision maker for the Specific Plan Amendment and the Development Agreement is the City Council, City Staff filed a request for review of the Planning Commissions denial of the Special Use Permit to ensure that the City Council had the opportunity to review the whole of the project.
231135
Planning Commission Concerns
24 The primary Planning Commission concerns and reasons for the denial were related to:
● Lighting and Visual Impacts on Residential Properties. ● The Project was inconsistent with the recommended amendments to the Freeway Adjacent Digital Display Billboards Ordinance.
1136
Lighting and Visual Impacts on Residential Properties
25 ● The proposed billboard is approximately 130 feet south of the adjacent residential areas and 1,700 feet from the closest residentially zoned property within the County El Rio community.
● Based on the site specific lighting study the maximum illumination in the direction of a residential zoned property is 0.2 footcandles at approximately 100 feet. ● City Staff and the City’s CEQA consultant prepared the MND, which analyzed lighting impact on any residential properties. The analysis contained in the MND found that, subject to the proposed Ordinance and required mitigation measures, there would not be a significant lighting impact.
● The proposed 100 foot setback is consistent with the City previous approval of the Collection electronic sign which is approximately 110 feet away from residentially zoned property.
1137
Site Specific Lighting Study
261138
Views of the Project Site
27 View from Ventura Blvd and Cortez Street
(Northwest Corner)
View from Cortez Street (South of
Stroube Street)
1139
Public Notice
• Notice of Community Workshop: December 20, 2021
○ Public notice signs were posted onsite.
○ Notifications were mailed to the RiverPark Neighborhood. • CEQA Notice was published in the newspaper.
• Planning Commission Meeting held January 19, 2023 and February 2, 2023 • Notice of City Council hearing was provided:
○ Newspaper,
○ On-site posting; and
○ Mailed to property owners within 300 feet.
281140
City Council Options

1. Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard.

2. Planning Commission Recommended Action - Denying the development of a Freeway Adjacent Digital Display Billboard.
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30 1142

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.7
DATE: March 21, 2023
TO: City Council
FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area. (30 minutes)

RECOMMENDATION
That the City Council:

1. Conduct a public hearing, and
Take the actions identified under one of the two following options:

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-02; and b. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-03; and c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20- 630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and
d. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20- 670-05 (Development Agreement No. A-8516), subject to certain findings; and e. Adopt a Resolution Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit) and overturning the Planning Commission’s Denial, subject to certain conditions and findings. f. Adopt Resolution declaring its intention to vacate its right, title and interest in an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard an direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday April 18, 2023 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), 1143
Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), Planning and Zoning Permit No. 20-500-06 (Special Use Permit), and Planning and Zoning Permit No. 21-660-03 (Street Vacation).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/QLdwREOpx_8

BACKGROUND
EXECUTIVE SUMMARY:

The Project includes a request for a Special Use Permit, Development Agreement, Street Vacation and Specific Plan Amendment to allow for the installation and operation of a Freeway Adjacent Digital Billboard (billboard) on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard (“Project”).

The Special Use Permit allows for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. The billboard complies with the staff recommended Freeway Adjacent Digital Billboard Ordinance: approximately 80 feet in height above the ground and a two-sided lightemitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width. The location also requires a Street Vacation to vacate the existing right-of-way to the City of Oxnard and a Specific Plan Amendment to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan.

The proposed Development Agreement (DA) allows for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and among other public benefits requires payment to the City equal to thirty (30) percent of the Annual Net Revenue, with a minimum guarantee of $150,000 per year for the thirty year (30) term of the DA. This payment equates to a range of approximately $4.5M - $8.4M for the subject sign.

Pursuant to Oxnard City Code, the Commission is the decision maker for Special Use Permit, however the Commission is only the recommendation body for Specific Plan Amendments, Street Vacations, and Development Agreements.

On February 2, 2023, the Planning Commision first took action on a proposed Freeway Adjacent Digital Billboard Ordinance (Ordinance). The Commission made numerous changes to the Ordinacne, which made the subject SUP inconsistent with the Ordinance. At the February 2, 2023 Commission hearing, the Commission denied, and recommended Council denial, of the Subject permits. Based on the denial of the Special Use Permit and recommendations on the other permits, the Commission could not find the street vacation in conformance with the 2030 General Plan. However, in their motion, the Commission stated that should the City Council approve the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed by City Staff, which would allow for this billboard they would be in support of this proposed Project. This would include finding it consistent with the 2030 General Plan.

As the final decision maker for the Specific Plan Amendment and the Development Agreement is the City Council, and to ensure that the City Council had the opportunity to review the whole of the project, all related entitlements are being presented to the City Council for their consideration. City Staff filed a request for review of the Planning Commissions denial of the Special Use Permit. While City Staff filed the request for review, the Applicant for the project is still Outfront Foster Interstate represented by Lars Skugstad (hereafter “Applicant” or “Developer”).

Staff continues to recommend approval of the Project as originally proposed by the Applicant based upon:

1. City Council authorization, approval, and continued extensions of Exclusive Negotiation Agreements (ENAs) with both Outfront Foster Interstate since 2019, which identified potential Freeway Adjacent Digital Display Billboard locations;
With the increased separation from residential uses requested by the Planning Commission as part of the recommendation on the Ordinance, the subject Billboard location would not be allowed.

2. Compliance with State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety;
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3. Consistency with the general plan, zoning, and the environmental review, specifically the lighting impacts which does not allow an increase in illumination at any residentially zoned property by more than 0.5 footcandles, which is deemed negligible. (This is further discussed in the “Key Projects Concerns” section of this report).

In summary, at this public hearing, the City Council has the option to move forward with: (1) the approval of the Project; or (2) provide direction to deny the Project and direct City staff to return at a date certain meeting with the appropriate resolutions of denial. Should the City Council choose to take another action other than those identified, the City Council can direct staff to return at a future public hearing with revised documents incorporating the direction provided.

Role of the Planning Commission and City Council
Pursuant to Oxnard City Code (OCC) Section 2-95, the Commission is an advisory body which provides land use recommendations to the City Council on items such as General Plan Amendments, Specific Plans, Ordinance Amendments, and Development Agreements. Therefore while the City Council is to consider the recommendations of the Commission, the Council may take an action which is not consistent with the recommendations of the Commission.

For the benefit of the City Council, this staff report provides: 1) background of the ENA discussions and Billboards; 2) a summary of the Commission hearings; 3) summaries of the Project and associated environmental review; and 5) a discussion of key concerns raised at Planning Commission.

BACKGROUND:

ENA Discussions and Extensions
On June 18, 2019, the City Council approved and authorized the Mayor to execute an Exclusive Negotiation Agreement (ENAs) with Outfront Foster Interstate, LLC for potential digital billboard sites. Under the terms of the ENA, Outfront Foster was given the exclusive right to negotiate with the City for an initial six-month period, and two additional sixmonth terms if the projects were being diligently pursued by Outfront Foster. The ENA is currently on the 7th Amendment which runs through June 6, 2023.

Existing Billboards and Freeway Oriented Signage
The City currently allows for billboards in the form of Off-site advertising signs throughout the City in General Commercial (C-2), Commercial Manufacturing (C-M), Limited Manufacturing (M-L), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zones pursuant to OCC 16-608. Under the proposed ordinance the Freeway Adjacent Digital Display Billboards, would be regulated separately from the Off-site advertising signs. The allowance of Freeway Adjacent Digital Display Billboards, is much more limited, as they are only allowed within 400 feet of the U.S. Highway 101 and only on City owned property. Similar to the Off-site advertising signs these signs would only be allowed within commercially zoned property.

In addition to the existing Off-site advertising signs, the City has permitted two digital signs as allowed by the RiverPark Specific Plan (The Collection) and the Rose Santa Clara Specific Plan (Oxnard Auto Center). These signs are not defined as Off-site advertising signs and generally limited to the display of businesses located within the Collection or the Oxnard Auto Center. They were both permitted under their respective Specific Plans; therefore, no additional digital signage would be allowed without changes to the Specific Plans. Also, the Collection sign is approximately 110 feet away from the closest residential zoned property.

Freeway Adjacent Digital Display Billboards Ordinance ( PZ 20-580-06) Prior to consideration of the subject request, Council must take action on amendments to Article IX. Advertising Signs of the Oxnard City Code to permit Freeway Adjacent Digital Display Billboards. A separate staff report addresses the specifics of that Ordinance, as well as the Commission's recommended changes to that Ordinance. The Commission’s recommended changes to the Ordinance was approved by 3 (in favor) - 2 (against), with two commissioners absent. Due to the proposed changes the Commission was required to review the Ventura Road Electronic Billboard Project in accordance with the amendments. As the Project was inconsistent with the recommended amendments, the Commission had to deny Planning and Zoning Permit No. 20-500-06 (Special Use Permit) and recommend denial of the other associated project component.

PROJECT REQUESTS:
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The Applicant’s request sought Planning Commission and City Council approval of the following four requests (Special Use Permit, Development Agreement, Specific Plan Amendment, Street Vacation, and Mitigated Negative Declarations (MND 22-02 and 22-03)):

1. Special Use Permit
The billboard would include a digital display of advertisements of various businesses, activities, services or products. The proposed billboard would be supported by a pole that ranges in diameter from approximately 7 feet to 3 feet. The pole would extend approximately 65.5 feet above ground. The pole would be painted primarily gray except for the upper 10.5 feet that would be painted black. The top of the billboard would be approximately 80 feet in height above the ground and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The existing ground level is at approximately the same elevation as the travel lanes along Ventura Road. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width.

Lighting levels on the digital sign will not exceed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America. Brightness shall not exceed 300 nitere (nits) or candela per square meter from sunset to sunrise. At all other times, brightness will not exceed 7,500 nits.

Illumination shall be directed such that minimal light spill will occur on either side or the top or bottom of the sign face.

A light sensor will be installed with the sign to measure ambient light levels and adjust light intensity and brightness based on ambient conditions. For reference, based on a study of existing lighting levels, along Ventura Road the average illumination is 15 foot-candles due to existing street lights and other nearby lighting fixtures. The electronic sign will not display any moving, flashing, scrolling, fading, brightening or animated text or video. The signage will be controlled remotely and include remote maintenance software. LED lighting has a directional nature, focused toward the freeway.

Louvers will be located above each row of lights to prevent light from projecting upward into the sky. As designed the billboard complies with the staff recommended ordinance and the State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety.

2. Development Agreement
The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City, such as revenue sharing. As proposed these include:
• Term - Thirty (30) years.
• Monetary Payment - The Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,000 per year (approximately $4.5M - $8.4M over the term of the agreement). • City Usage of the Billboard - To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.
• Emergency Notifications - Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
• Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members - Oxnard Auto Dealers and members of the Oxnard Chamber of Commerce shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.
• Prohibitions - Any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law.

3. Specific Plan Amendment
The proposed Project requires an amendment to the RiverPark Specific Plan. to add Freeway Adjacent Digital Display Billboards within the Commercial Master Plan of the RiverPark Specific Plan. The specific revisions to the Specific Plan text identify minimum and maximum lot dimensions as well as size and spacing of the billboards. These revisions are consistent with the staff recommended Freeway Adjacent Digital Display Billboards Ordinance that is required to be 1146
approved prior to approval of the proposed Project. The Specific Plan Amendment was analyzed under MND 22-02.

4. Street Vacation
The Project site is within the current street right-of-way and is proposed to be vacated. As the underlying property owner, the City of Oxnard will retain ownership, making it a City-owned property. The process for a right-of-way vacation is outlined in the Streets and Highways Code Section 8320. Pursuant to Streets and Highways Code Section 8320, a vacation request involves a two-step process. The first step, occuring on March 21, 2023, requires the City Council to review the street vacation requests and adopt a resolution of intention to vacate the easement. The second step involves a noticed public hearing and the adoption of a resolution to vacate the easement by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings which means that the earliest the City Council can schedule a public hearing to consider the easement vacation at a regular City Council meeting is April 18, 2023.

The easement vacation map is included as Attachment 9, Exhibit A. Vacating the approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard will not alter public safety, convenience, and public welfare. The proposed site improvements include the installation of an electronic sign and traffic barrier. In the City’s Bicycle and Pedestrian Master Plan, this location is identified as the possible location for the Santa Clara River multi-purpose path. City staff has reviewed the proposed sign and barrier location and confirmed that there is sufficient space for the future path, should it be developed in the future.

Additionally, all property vacations are to be reviewed for conformance with the General Plan. As previously mentioned, the easement vacation was reviewed by the Planning Commision. Based on the denial of the Special Use Permit and recommendations on the other permits, the Commission could not find the street vacation in conformance with the 2030 General Plan. However, in their motion, the Commission stated that should the City Council approve the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed by City Staff, which would allow for this billboard, they would be in support of this proposed Project. This would include finding it consistent with the 2030 General Plan.

5. Environmental Determination
Mitigated Negative Declaration (MND 22-02)(Specific Plan Amendment) Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests.

The MND was available for public review from June 30, 2022, and ended on July 29, 2022. The City of Oxnard received four comment letters on the Draft MND. The comment letters and responses to each comment have been prepared and included in the Final IS/MND. Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).

With the inclusion of the mitigations for the areas noted above, the Project will not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and a monitoring program in accordance with the provisions of CEQA.

Mitigated Negative Declarations (MND 22-03)
Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, 1147
prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include:
(BIO-1 and BIO-2) conducting a pre-construction survey for active bird nests and conducting focused protocol nest survey for least Bell’s vireo, and (CR-1 and CR-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests.

The MND was available for public review from June 30, 2022, and ended on July 29, 2022. The City of Oxnard received five comment letters on the Draft MND. The comment letters and responses to each comment have been prepared and included in the Final IS/MND. Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).

With the inclusion of the mitigations for the areas noted above, the Project will not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA.

KEY PROJECT CONCERN
Visual Impacts on View Corridors
Concerns were raised by Commissioners and members of the public regarding visual impacts to the Highway 101 corridor. Specifically, comments were made about impacts on mountain views. While the proposed billboard would be visible, it is consistent with the nature of the U.S. Highway 101 corridor, which is generally characterized by urban or high density development. This includes mid-high rise developments in both RiverPark and Wagon Wheel, which include urban developments up to 100 feet in height, as well as other commercial developments including car dealerships, hotels, restaurants, etc. The corridor also includes other similar large scale signage such as the existing Auto Center (70 feet), The Collection (60 feet), and Esplanade (75 feet) signs, which is similar to the proposed Project which would be 60 feet tall as viewed from the freeway. In addition to these signs there are numerous larger illuminated freeway signs, including electronic ones, along the corridor. The proposed billboard would be consistent with the overall nature of the corridor.

STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT
If option 1 is selected, the Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,000 annually. Revenue receipt is dependent on construction timing, but would be anticipated in Fiscal Year 2023-24 at the earliest.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Planning Commission (Commission), therefore this item did not originate in Committee.
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During the Commission’s public hearing on January 19, 2023, Commissioners asked a series of questions as a result of staff’s and the Applicant team’s presentations. One verbal comment was provided during the public comment period on the Project. The questions and comments were generally in regards to the impacts on views and lighting. Following Commission deliberation, a motion of Intent to Deny the Project as they could not make all of the Findings required to support the Project. However, as part of this motion the Commission, included a statement that if the the City Council did not incorporate their recommendations on the Zone Text Amendment PZ 20-580-06, that they would be in support of the proposed Project, as it was further from existing residential. The January 19, 2023 Planning Commission meeting can be viewed online at the following link: https://www.youtube.com/watch?v=DIS7Q-hYfgg.

On February 2, 2023, all six members of the Planning Commission were present. The Commissioners who were not present on January 19, 2023 confirmed they reviewed the staff materials and watched the video of the Commission’s January 19 meeting. One of the Commissioners who was previously present on January 19th, was absent on February 2nd. On February 2, 2023, the Commission voted 6-0 (with one commissioner absent), to adopt a resolution denying the Special Use Permit and recommending denial of the Specific Plan Amendment, Street Vacation, and Development Agreement to the City Council. While as noted above the Commission was required to deny the project based upon the recommended changes to the ordinance, some of the commissioners did raise concern about the Project’s visual impacts.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Planning Commission Staff Materials dated 1-19-2023 and 2-2-2023

2. Final IS-MND 22-02

3. Final IS_MND 22-03

4. Draft City Council Resolution Adopting Mitigated Negative Declaration (MND) 22-02

5. Draft City Council Resolution Adopting Mitigated Negative Declaration (MND) 22-03

6. Draft Ordinance Approving PZ Permit No. 20-630-02 (Specific Plan Amendment)

7. Draft Ordinance Approving PZ Permit No. 20-670-05 (Development Agreement)

8. Draft Resolution Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit)

9. Draft City Council Resolution of Intent

10. Ventura Road Electronic Billboard Project CCPresentation 1149

PLANNING COMMISSION

MEMORANDUM
TO: Planning Commission
FROM: Joe Pearson II, AICP, Planning Manager
DATE: February 2, 2023
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation); Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard.

APN: N/A
Summary
On January 19, 2023, the Planning Commission (the “Commission”) considered PZ Nos. 20-500-07 (Special Use Permit), 20-670-06 (Development Agreement), and 20-630-02 (Specific Plan Amendment)(Project)1 and made a Motion of Intent to Deny the Project as they could not make all of the Findings required to support the project and directed staff to return with the following resolutions:
a. Resolution 2023-XX recommending that the City Council deny Mitigated Negative Declaration (MND) 22-03; and
b. Resolution 2023-XX recommending that the City Council deny Planning and Zoning Permit No. 20-670-05 (Development Agreement), subject to certain findings; and c. Resolution 2023-XX recommending City Council deny Planning and Zoning Permit No. 21-660-03 (Street Vacation), subject to certain findings; and d. Resolution 2023-XX Denying Planning and Zoning Permit No. 20-500-06 (Special Use 1 The project includes a Special Use Permit, Development Agreement, and Street Vacation to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. The Special Use Permit allows for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the required public benefits to be provided by the future development. The proposed Street Vacation would vacate the existing right-of-way to the City of Oxnard. 1150
Permit), subject to certain findings and conditions.

As part of the Motion the Commission included language that, if the City Council rejected the increased residential setback, that the commission would support the approval of all parts of the proposed project, including Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation). The Commission continued the hearing to February 2, 2023, to ratify the action by approving Resolutions of Denial. The motion carried 3:2:2:0:02.

Staff has prepared the Resolutions of Denial for the proposed Project (Attachments B-E).

Appeal Process
In accordance with Section 16-545 of the City Code, the Planning Commission’s action on PZ 20-500-06 (Special Use Permit) may be appealed to the City Council within 18 days after the decision date. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fees before the end of the appeal period. If an appeal is not filed within 18 working days of the Planning Commission’s decision, the decision of the Planning Commission shall be considered final.

The requested actions for the Development Agreement, Adoption of the Mitigated Negative Declaration, and Street Vacation are recommendations to the City Council. As the Planning Commission does not take formal action, but recommends an action to the City Council, an Appeal procedure is not necessary. All aspects of this Project shall not become effective unless and until the City Council approves the Development Agreement.

Attachments
A. January 19, 2023 Planning Commission Staff Report (w/o Attachments D, E, F, G, H, I) B. Draft Planning Commission Resolution Recommending Denial of Mitigated Negative Declaration (MND) 22-03
C. Draft Planning Commission Resolution Recommending Denial of PZ Permit No. 20-670-05 (Development Agreement)
D. Draft Planning Commission Resolution Recommending Denial of PZ Permit No. 21-660-03 (Street Vacation)
E. Draft Planning Commission Resolution Denying PZ Permit No. 20-500-06 (Special Use Permit)
2 In Favor: Against: Absent: Abstain: Recused
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A
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PLANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Joe Pearson II, Planning Manager
DATE: January 19, 2023
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation); Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard.

APN: N/A
1) Recommendation: That the Planning Commission (“Commission”):
a) Adopt Resolution 2023-XX recommending that the City Council adopt a Mitigated Negative Declaration (MND) 22-03; and
b) Adopt Resolution 2023-XX recommending that the City Council approve Planning and Zoning Permit No. 20-670-05 (Development Agreement), and c) Adopt Resolution 2023-XX affirming that the City of Oxnard’s proposed Vacation of real property consisting of an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard is in conformance with the City of Oxnard 2030 General Plan and recommending that the City Council order the proceed with the vacation, and d) Adopt Resolution 2023-XX Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit), subject to certain findings and conditions. 2) Project Description and Applicant: The applicant requests a Special Use Permit, Development Agreement, and Street Vacation to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. The Special Use Permit allows for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. The top of the billboard would be approximately 80 feet in height above the ground, and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width. The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the 1153
Ventura Road Electronic Billboard Project
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
PC Hearing Date: January 19, 2023

required public benefits to be provided by the future development. The proposed Street Vacation would vacate the existing right-of-way to the City of Oxnard.

The request includes adoption of the proposed Final Initial Study/Mitigated Negative Declaration (IS-MND) and adoption of the Mitigation Monitoring and Reporting Program (MMRP) which has been prepared pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines, Section 15063. The Project site is located within the RiverPark Specific Plan and designated as Commercial Office. The 2030 General Plan land use designation is Commercial Regional. For purposes of this staff report, the foregoing project description shall be referred to as the “Project.”. Filed by Lars Skugstad, 1111 Broadway, Suite 1515, Oakland, CA 94607 (the “Applicant”) on behalf of the City of Oxnard (the “Property Owner”).

Please see the reduced Project plans (Attachment B) for more details. 3) Existing & Surrounding Land Uses: The Project site is currently undeveloped Right-of-Way located within the RPSP area. The area surrounding the Project site consists of a mix of office and commercial land uses. U.S. 101 is located immediately south of the Project site. Across U.S. 101 to the South, adjacent to Ventura Road, is The Wagon Wheel development which is currently under construction with residential townhomes, condominiums, and limited commercial development. To the north and west is The Santa Clara River Basin that includes vegetation. Recently, the vegetation within the Santa Clara River Basin and adjacent to U.S. 101 was removed by the County of Ventura for maintenance purposes. Northeast of and approximately 600 feet from the Project site is a senior housing facility, and other approved commercial development including a gas station and drive through restaurants. The following table summarizes the land uses and zoning designation of the Project site and adjacent properties, which are also illustrated in Attachment A:

Table 1
Existing and Surrounding Land Uses

LOCATION GENERAL PLAN ZONING EXISTING LAND USE
Project Site
Commercial
Regional
The RiverPark
Specific Plan
(Commercial: Office)
Vacant
North
Commercial
Regional
The RiverPark
Specific Plan
(Commercial: Office)
Light Industrial Development
South
Highway
101/Easement
Highway 101/The
Village Specific Plan
Highway 101/Residential
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Ventura Road Electronic Billboard Project
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
PC Hearing Date: January 19, 2023

East
Commercial
Regional
The RiverPark
Specific Plan
(Residential:Very
High or Commercial
Regional)
Vacant (Approved For Apartments
Project (PZ 19-200-16))
West
County
Unincorporated
County
Unincorporated
Santa Clara River
4) Background Information:
a) On June 18, 2019, the City Council approved and authorized the Mayor to execute Exclusive Negotiation Agreements (ENAs) with Clear Channel Outdoor, LLC and another with Outfront Foster Interstate, LLC -- both for potential digital billboard sites.

Under the terms of the ENAs, both companies were given the exclusive right to negotiate with the City for an initial six-month period, and two additional six-month terms if the projects were being diligently pursued by the parties. On November 17, 2020 Council amended the ENAs to allow for an additional 6 months (until June 2021), as well as provided the City Manager with authority to extend the ENAs for two additional six-month terms if the projects are being diligently pursued by the parties. On June 7, 2022, the City Council determined that significant enough progress had been made to amend the ENAs, to grant another 6 months (until June 2023), as well as provided the City Manager with authority to extend the ENAs for two additional six-month terms if the projects are being diligently pursued by the parties. b) Concurrent with the process of this Project the City is processing amendments to Article IX. Advertising Signs of the Oxnard City Code to permit Freeway Adjacent Digital Display Billboards on parcels designated as commercial, industrial, or public facilities within 400 feet of the U.S. 101 right-of-way within the City of Oxnard and a amendment to the RiverPark Specific Plan to allow the sign in accordance with the Oxnard City Code. The installation and operation of individual electronic billboards would require approval of a Special Use Permit and Development Agreement. No Freeway Adjacent Digital Billboard may be placed at a distance of less than 100 feet from the property line of any residentially zoned parcel. All Freeway Adjacent Digital Display Billboards would have a maximum face display area of 14 feet in height and 48 feet in width, would be oriented primarily for viewing from the adjacent freeway, and would have a maximum height of 55 feet as measured from the pavement level of the adjacent freeway to the bottom of the digital display or 80 feet to the top of the sign. Each Freeway Adjacent Digital Display Billboard shall be separated from every other Freeway Adjacent Digital Display Billboard by at least 2,000 feet with a maximum of five (5) allowed in the City. 5) Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, prepared a Mitigated 1155
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PC Hearing Date: January 19, 2023

Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species.

Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include: (BIO-1 and BIO-2) conducting a pre-construction survey for active bird nests and conducting focused protocol nest survey for least Bell’s vireo, and (CR-1 and CR-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests.

The MND was available for public review from June 30, 2022, and ended on July 29, 2022.

The City of Oxnard received five comment letters on the Draft MND. The comment letters and responses to each comment have been prepared and included in the Final IS/MND.

Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).

With the inclusion of the mitigations for the areas noted above, the Project will not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA (Attachment C).
6) Project Analysis:
a) General Discussion: Pursuant to Oxnard City Code (OCC) Section 2-95, the Planning Commission is an advisory body which provides land use recommendations to the City Council on items such as General Plan Amendments, Specific Plans, Ordinance Amendments and Development Agreements. The Planning Commission is the decision maker for Special Use Permit pursuant to OCC Section 16-531.

The applicant requests a Special Use Permit, Development Agreement, and Street Vacation to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard.

The following is a summary of the requested revisions.
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PC Hearing Date: January 19, 2023

Special Use Permit
The electronic billboard would include a digital display of advertisements of various businesses, activities, services or products. The proposed billboard would be supported by a pole that ranges in diameter from approximately 7 feet to 3 feet. The pole would extend approximately 40 feet below ground and approximately 65.5 feet above ground.

The portion of the pole above ground would be painted primarily gray except for the upper 10.5 feet that would be painted black. The top of the billboard would be approximately 80 feet in height above the ground and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The existing ground level is at approximately the same elevation as the travel lanes along Ventura Road. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width.

Lighting levels on the digital sign will not exceed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America. Brightness shall not exceed 300 nitere (nits) or candela per square meter from sunset to sunrise. At all other times, brightness will not exceed 7,500 nits. Illumination shall be directed such that minimal light spill will occur on either side or the top or bottom of the sign face. A light sensor will be installed with the sign to measure ambient light levels and adjust light intensity and brightness based on ambient conditions. The electronic sign will not display any moving, flashing, scrolling, fading, brightening or animated text or video. The signage will be controlled remotely and include remote maintenance software. LED lighting has a directional nature, focused toward the freeway. Louvers will be located above each row of lights to prevent light from projecting upward into the sky.

Development Agreement
The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement would also outline the required public benefits to be provided by the future development, including fiscal benefits to the City, such as revenue sharing. No other physical improvements are allowed or required by the development agreement.

Street Vacation
The Project site is within the current street right-of-way and is proposed to be vacated. As the underlying property owner, the City of Oxnard will retain ownership, making it a City-owned property.
b) General Plan Consistency: The City’s 2030 General Plan land use designation for the subject site is Commercial Regional (CR) uses which allows retail, commercial, government and residential uses. The proposed use is Commercial. Consistency with the 2030 General Plan is defined by the relationship between 2030 General Plan policies and 1157
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the proposed Project. The proposed Project does not conflict with General Plan land use, goals and policies. The proposed DA allows for the use of City property and outlines the required public benefits to be provided by future development. No other physical improvements are allowed or required by the development agreement, and therefore it does not conflict with General Plan land use, goals and policies. The project’s consistency review with General Plan policies is included as Attachment D. The proposed Project has been determined to be consistent with the General Plan and the property’s land use designation.
c) Conformance with Zoning Code Development Standards: As noted above the City is concurrently processing an Ordinance Amendment (PZ 20-580-06) to allow for Freeway Adjacent Digital Display Billboards, as currently being proposed. The proposed ordinance amendment includes development standards which will be applicable to all Freeway Adjacent Digital Display Billboards developed within the City. As shown in Attachment E, the proposed Project has been designed to be consistent with the proposed ordinance. As a condition, the approval of this Project is contingent upon the City’s adoption of the proposed Freeway Adjacent Digital Display Billboards ordinance.

Additionally, the Project must comply with the final ordinance as adopted, therefore, if any changes occur to the proposed development standards the Project would be required to be amended, to bring it into compliance.
d) Site Design, Circulation, and Parking: The Project is located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. The proposed site improvements include the installation of an electronic sign and traffic barrier. In the City’s Bicycle and Pedestrian Master Plan, this location is identified as the possible location for the Santa Clara River multi-purpose path. City staff has reviewed proposed sign and barrier location and confirmed that there is sufficient space for the future path, should it be developed in the future. As the sign is controlled remotely, no parking is required. In the rare event onsite work is required, an encroachment permit can be obtained to allow for the use of the adjacent right of way, similar to utility companies with facilities in the right-of-way.
e) Sign Design: The pole would extend approximately 40 feet below ground and approximately 65.5 feet above ground. The portion of the pole above ground would be painted primarily gray except for the upper 10.5 feet that would be painted black. The pole design has been kept simple with the gray color, to minimize the visual impact of the pole itself. The top of the billboard would be approximately 80 feet in height above the ground and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width.
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PC Hearing Date: January 19, 2023

7) Development Advisory Committee: The Development Advisory Committee (DAC) reviewed the proposed Project on November 18, 2020. The comments from the DAC have been incorporated into the Project, including the studies, and MND. 8) Community Workshop and Public Input: A Community Workshop on the Project was held on December 20, 2021. Public notice signs were posted onsite. Notifications were mailed to the RiverPark Neighborhood. Approximately 2,000 notices were mailed. The meeting was held online. Eight members of the community attended this meeting, and two people spoke on the items. The video from the online workshop was also posted on the City’s website for members of the public to view separately. The primary concern identified at the Community Workshop was related to general allowance of electronic billboards and lighting impacts. Both aesthetics and lighting impacts were analyzed in the environmental document and it was determined that with the implementation of the project mitigations the impacts would be less than significant. There was also a request for an additional site rendering showing the sign from the adjacent side of the freeway, which was prepared and has been included in Attachment B.

Consistent with public noticing requirements, the Planning Commission Hearing was advertised with on-site postings and to property owners within 300 feet of the Project site. 9) Appeal Procedure: The action of the Planning Commission on the Special Use Permit is final unless appealed in writing to the City Council no later than eighteen (18) days after the decision date (Section 16-545) of the Oxnard City Code. Appeal forms may be obtained from the City Clerk (300 West Third Street, Fourth Floor) and must be submitted with the appropriate fees before the end of the appeal period. The action of the Planning Commission on the Development Agreement and Street Vacation is a recommendation of either approval or denial to the City Council. All aspects of this Project shall not become effective unless and until the City Council approves the Development Agreement and Street Vacation.

Attachments:

A. Maps (Vicinity, General Plan, Zoning, Aerial)
B. Reduced Project Plans
C. Final IS-MND 22-03 (December 2022)
D. General Plan Consistency Chart
E. Zoning Compliance Table
F. Draft Planning Commission Resolution Recommending Adoption of Mitigated Negative Declaration (MND) 22-03
G. Draft Planning Commission Resolution Recommending Approval of PZ Permit No. 20-670-05 (Development Agreement)
H. Draft Planning Commission Resolution Recommending Approval of PZ Permit No. 21-660-03 (Street Vacation)
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I. Draft Planning Commission Resolution Approving PZ Permit No. 20-500-06 (Special Use Permit)
J. Staff Presentation
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ATTACHMENT
A
MAPS
(VICINITY, GENERAL PLAN, ZONING, AERIAL)
1161
C ST

FIFTH ST H ST
1 VENTURA RD

OXNARD BLVD

RICE AVE

HUENEME RD
J ST

GONZALES RD

VINEYARD AVE

WOOLEY RD

BARD RD
101 FRWY

SAVIERS RD

DORIS AVE

CENTRAL AVE

ROSE AVE

CASPER RD

THIRD ST
23RD AVE

CAMINO DEL SOL
D ST

BRISTOL RD

ARNOLD RD

NINTH ST

OLIVAS PARK DR

WEST RD

NAUMAN RD

TEAL CLUB RD

PERIMETER RD
HARBOR
BLVD

MARKET ST
G ST
OCEAN
DR
T
B ST RACK 13 RD

OLDS RD
32ND AVE

YUCCA ST

DEL NORTE BLVD

PATTERSON RD

CHANNEL ISLANDS BLVD

VICTORIA AVE
ELM ST

PERKINS RD

ETTING RD
F ST

PACIFIC AVE

JUAN TI A AVE

PALMA DR
6TH ST

SANTA CLARA AVE
N ST

SAKIOKA DR

CLARA ST

WALKER ST

WALNUT DR

BALBOA ST

DUNKIRK DR

SIMON WAY

ORANGE DR

STROUBE ST
5TH ST

EMERSON AVE

JOLIET PL

EBONY DR
ALLEY

KENTIA ST

HILL ST
I ST

SAN JUAN AVE

PATRICIA ST
A ST

VENTURA BLVD

EASTMAN AVE
TRACK 14 RD

REDWOOD ST GISLER AVE

FIR AVE
M ST

TERESA ST

PENINSULA RD

OFFSHORE ST

AZALEA ST

VICTORIA AV
11TH AVE

WILLIAMS DR

HARBOR SERVICE
BLVD

APPLE LN
LEI DR

STATHAM BLVD

OLIVE ST

LATIGO AVE

ARCTURUS AVE

K ST EVERGREEN LN

BUTLER RD

ALBION DR

SURFSIDE DR

SWAN ST

GARY DR

STURGIS RD

HAYES AVE MOUNTAIN VIEW AVE

SAN MATEO PL

LAMBERT ST

SIKORSKY ST

JANETWOOD DR
ASH ST
DOCK 1
WALTER
ST

JOAN WAY

BEAUMONT AVE

PAVIN DR

NELSON PL

OXFORD DR

HOLLY AVE

VENICE RD WESTAR DR

MANDALAY BEACH
RD

AVILA PL

BLANCA PL

VIEWPOINT DR

CAMINO AVE

EVITA PL

BAYVIEW DR

ELBA ST
ALLEY

ETTING RD

GONZALES RD
M ST
ALLEY
101 FRWY

PATTERSON RD

CHANNEL ISLANDS BLVD

VICTORIA AVE
ALLEY
ALLEY

OCEAN DR
G ST
ALLEY
HARBOR
BLVD
1 R CI E AVE
Vicinity Map
0 0.5 1 1.5 2
Miles
North
Pacific Ocean
N
November 17, 2022
Oxnard Planning
1:70,000
Santa Clara River
PZ 20-500-06, 20-670-05, 21-660-03
Location:

APN
Ventura Rd Billboard
Vicinity Map
PZ 20-500-06
PZ 20-670-05
PZ 21-660-03
1162

N VENTURA RD
101 FWY SOUTH
101 FWY NORTH
SB 101 OFF RAMP

WAGON WHEEL RD

WAGON WHEEL RD
Aerial Map
Aerial Map
November 17, 2022
Oxnard Planning
0 37.5 75 150 225 300
Feet
PZ 20-500-06, 20-670-05, 21-660-03
Location:

APN
Ventura Rd Billboard
1163

ATTACHMENT
B

REDUCED PROJECT PLANS
1164
1165
1166
1167
1168
1169

ATTACHMENT
D

GENERAL PLAN CONSISTENCY CHART
1170
ATTACHMENT D - City of Oxnard 2030 General Plan Consistency Analysis Ventura Road Electronic Billboard Project
January 19, 2023 Planning Commission
Level I: Direct Applicability to a Proposed Policy, Project or Program Level II: Related or Indirect Applicability to the Proposed Policy, Project, or Program Level III: No or Distance Applicability to the Proposed Policy, Project, or Program.

All polices not listed are designated as Level III are deemed consistent with the 2030 General Plan.

General Plan Chapter Abbreviations Chapter:

SC: Sustainable Community 2
CD: Community Development 3
ICS: Infrastructure and Community Services 4
ER: Environmental Resources 5
SH: Safety and Hazards 6
MC: Military Compatibility 7
HE: 2021-2029 Housing Element 8
2030 General Plan Level I Level II Rationale
Policy
CD-3.1
Neighborhood Preservation
Protect existing residential neighborhoods from the
encroachment of incompatible activities and land uses
as determined through environmental review and/or
determination by the Planning Commission.

X The project has been designed to be consistent with
proposed development standards and applicable
mitigation measures. These include separation
requirements from residential uses and limitations on
illumination levels. Based on the Photometric Analysis
provided the light levels at the existing multifamily
residential uses and the current multifamily uses that
are currently being processed would be 0.1 fc or
less.Because the light level would be less than 0.5 fc, the Project would result in a less than significant
lighting impact on the existing and future adjacent
residential uses.

Policy
CD-4.1
Mitigate Land Use Conflicts
Mitigate conflicts between commercial and other land
uses, especially residential and recreational uses.

X
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Policy
CD-8.5
Impact Mitigation
Ensure that new development avoids or
mitigates impacts on air quality, traffic
congestion, noise, and environmental
resources to the maximum extent feasible.

X All mitigation measures from the MND will be included as conditions of approval
Policy
CD-9.1
Neighborhood Identity
Recognize, preserve, and improve the visual identity
and character of existing neighborhoods. Infill
development shall respect historic structures and be
of compatible scale and character with historic areas.

X The proposed site is located within a designated
Urban Village which contains other urban uses
compatible with large scale advertisement. Also, as
the sign is located along the freeway corridor which
contains other similar signage including the Collection sign, the Auto Center sign, and the esplanade sign.

Policy
CD-9.3
Gateway Enhancement
Designate major entryways as gateways into the City.

The City shall use landscaping, decorative lighting,
signage and/or other streetscape design techniques to
enhance the City’s identity, sense of place, and
provide visual emphasis to the streetscapes to the
City.

X Northbound views of the Project area from U.S. 101
consist of urban development and background views
include a portion of the Coastal Mountain Range.

Southbound motorists’ who approach Ventura Road
from the U.S. 101 bridge over the Santa Clara River
Basin include urbanized views in the Project area.

Northbound and southbound motorists’ views of the
proposed electronic billboard would add another
typical view of an urban landscape (i.e., billboards and Caltrans signs) that occurs along U.S. 101 outside of
the Santa Clara River Basin views obtained by
motorists traveling on the U.S. 101 bridge. Due to the
urbanized setting of the Project area, Project impacts
on northbound motorists’ views that include an urban
landscape as well as partial distant views of the
Coastal Mountain Range would not be considered a
substantial adverse effect on a scenic vista.

Southbound motorists’ views also include an urban
landscape and minimal background views of the hills
of Point Mugu State Park. The southbound motorists’
views would be minimally impacted with the
implementation of the proposed electronic billboard,
and the impact would not be considered a substantial
Policy
CD-9.4
View Corridor Preservation
Ensure all public and private investments positively
contribute to the overall character of the City by
minimizing impacts on important view corridors by
creating edge treatments along greenbelt areas and a
landscaped buffer corridor of at least 30 feet along
designated scenic corridors and other major
transportation corridors.

X

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adverse effect on a scenic vista.

Policy
CD-11.3
Protect and Enhance Cultural Resources
Ensure that new public and private investment
protects and enhances Oxnard’s existing cultural
resources, traditional neighborhoods, and historic
districts, to the extent feasible.

X The project includes mitigations, which have been
included in the conditions, to protect potential cultural resources
Policy
CD-14.2
Development Advisory Committee (DAC)
Function
Continue to require that a staff Development
Advisory Committee review new development
projects for consistency with the City’s
development policies and appropriateness for
the proposed sites.

X Project was reviewed by the Development Advisory
Committee on two occasions and the current plan
reflects the input provided by DAC.

Policy
ICS-17.5
Undergrounding of Utility Lines
Require undergrounding of utility lines in new
development, except where it is not feasible due to
electrical transmission load or other operational issues.

X All equipment for the operation of the sign will be
contained within the pole and the electrical service to the sign will be underground.

Policy
ER-1.1
Protect Oxnard’s Natural and Cultural Resources
Protect the City’s natural resource areas, fish and
wildlife habitat, scenic areas, open space areas, parks, and cultural and historic resources from unnecessary
encroachment or harm and if encroachment or harm is
necessary, fully mitigate the impacts to the maximum
extent feasible.

X The project is adjacent to the Santa Clara River therefore the Environmental document studied the potential impact on the adjacent resources. The illuminance impacts on
natural areas were based on recommendations from the
International Commission on Illumination (CIE). The CIE identifies impacts on natural areas as an illuminance of

0.2 foot-candle (fc) or greater (CIE, 2003). Therefore, due to the absence of a current local illumination
standard impact on natural areas, a significant light
impact on adjacent natural areas and associated species

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would occur if light levels are 0.2 fc or greater. Based on the Photometric Analysis provided and the Biological Site Visit Field Map, the sensitive willow riparian habitat area is located approximately 135 feet west of the Project site (i.e., west of the access road within the Santa Clara River Basin) and would result in an illumination of less than 0.2 fc. Because the light level would be less than 0.2 fc, the Project would result in a less than significant lighting impact on the existing sensitive willow riparian habitat area or associated species. Therefore, due to the
relatively low illuminance resulting from the proposed
electronic billboard, the project would not have a
significant impact on the natural resources with the
lighting restrictions placed on the project. The project is located outside of the formal river therefore there would be no direct construction impacts to the Santa Clara
River.

Lastly, with regard to construction noise impacts.

Mitigations have been incorporated to require pre
construction nesting bird surveys if construction takes place during nesting season.

Policy
ER-2.2
Designation and Protection of Sensitive Habitat
Areas
Evaluate existing and potential sensitive habitat areas (Environmentally Sensitive Habitat Area in the Coastal
Zone – ESHA) as resource protection or open space
land uses, including but not limited to: 1) Ormond
Beach wetlands and upland areas, 2) Santa Clara
River estuary and riverbed, 3) Edison Canal and
harbor-related habitat areas, and 4) various dune
habitat areas.

X
Policy
ER-2.4
Design Review Process
Use the environmental and design review process to
protect designated sensitive habitat, and promote open
space.

X
Policy
ER-3.1
Preservation of Riparian Habitat
Require the preservation and enhancement of the
riparian habitat along the Santa Clara River, Edison
Canal, the McGrath Lake vicinity, and within the
Ormond Beach wetlands.

X
Policy
ER-3.2
Review of Development Proposals
Review development proposals in accordance with
applicable Federal, State, and local statutes protecting special-status species and jurisdictional wetlands and
be open to requiring greater protection.

X
Policy
ER-4.5
Planning in Sensitive Areas
Require careful planning of new development in or
near areas that are known to have particular value for
biological resources to maintain sensitive vegetation
and wildlife habitat.

X

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Policy
ER-6.1
Incorporate Views in New Development
Preserve important public views and viewsheds by
ensuring that the scale, bulk and setback of new
development does not significantly impede or disrupt
them and ensure that important vistas and view
corridors are enhanced. Require development to
provide physical breaks to allow views into these vistas and view corridors.

X This policy includes the incorporation of views in new development. This policy requires development to
provide physical breaks to allow views into scenic vistas and view corridors. Because the proposed Project
includes a free-standing electronic billboard, the
implementation of the Project would not conflict with this policy because motorists would briefly view the proposed billboard as they travel along U.S. 101. Therefore, the Project would be consistent with this policy.

Policy
ER-6.2
Protect and Enhance Major Scenic Resources
Protect and enhance the scenic resources of the
beaches, Channel Island Harbor, windrows, farmland,
the Channel Islands, and surrounding mountains.

X Motorists traveling northbound along U.S. 101 would
have a background view of the Coastal Mountain Range
as well as partial views of the vegetation located within the Santa Clara River Basin; however, this background
view would be bordered by foreground urban
development for northbound U.S. 101 motorists. For
southbound U.S. 101 motorists, the vegetation within the Santa Clara River provides a foreground view; however,
this foreground view also includes urban development as the motorists’ travel toward Ventura Road. Therefore, the addition of the proposed electronic billboard would not substantially impact the background views of the Coastal Mountain Range and Santa Clara River Basin or the
foreground views of the Santa Clara River Basin.

Policy
ER-6.5
Control of Lighting and Glare
Require that all outdoor light fixtures including street lighting, externally illuminated signs, advertising
displays, and billboards use low-energy, shielded light fixtures which direct light downward and, where public
safety would not be compromised, encourage the use
of low-pressure sodium lighting for all outdoor light
fixtures.

X The proposed electronic billboard would utilize energy efficient light emitting diode (LED) technology, which is recognized by the U.S. Department of Energy as the
most energy efficient lighting technology. The lighting of the proposed electronic billboard would be designed to
allow the message on the display visible to passing
motorists. The digital LED billboard technology allows
sign brightness to be adjusted automatically depending
on ambient weather conditions. The display, for example, would be brighter in the daytime than at night-time and

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responds to changes in the ambient light conditions. The proposed electronic billboard would require a California Department of Transportation Outdoor Advertising Act
Permit from Caltrans. The proposed billboard would
comply with the brightness requirements outlined in the Outdoor Advertising Act in that the illumination shall not be of such brilliance or so positioned as to cause a
hazardous condition on adjacent highways.

Policy
ER-11.1
Archaeological Resource Surveys
Continue to require a qualified archaeologist to perform a cultural resources study prior to project approval.

Inspection for surface evidence of archaeological
deposits, and archaeological monitoring during grading
should be required in areas where significant cultural
resources have been identified or are expected to
occur.

X No archaeological artifacts were found in the vicinity of the Project site during the Phase 1 survey. However, the MND includes mitigation measures (CUL-1 and CUL-2)
for monitoring and collecting, if necessary, any
discovered archaeological and paleontological resources.

Policy
ER-11.2
Mitigating the Impact of New Development on
Cultural Resources
Ensure that alternatives are considered, including
planning construction to avoid archeological sites,
deeding archaeological sites into permanent
conservation easements, and planning parks,
greenspace or other open space to incorporate
archaeological sites in the event that development
threatens significant archaeological resources.

X
Policy
ER-11.3
Development Applicants to Conduct Research
Continue to require project applicants to have a
qualified archaeologist conduct a record search at the
South Central Coast Information Center located at
California State University Fullerton and other
appropriate historical repositories, conduct field
surveys where appropriate, and prepare technical
X

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reports, where appropriate, meeting California Office of Historic Preservation Standards (Archaeological
Resource Management Reports) prior to project
approval.

Policy
ER-11.6
Identification of Archaeological Resources
In the event that archaeological/paleontological
resources are discovered during site excavation,
continue to require that grading and construction work
on the project site is suspended until the significance of the features can be determined by a qualified
archaeologist/paleontologist.

X
Policy
ER-14.4
Emission Control Devices
Require all construction equipment to be maintained
and tuned to meet appropriate EPA, CARB, and
VCAPCD emissions requirements and when new
emission control devices or operational modifications
are found to be effective, such devices or operational
modifications are required on construction equipment.

X Conditions have been included to require maintenance of equipment pursuant to manufacture specifications and
minimization of dust on site.

Policy
ER-14.6
Minimizing Dust and Air Emissions through
Permitting Requirements
Continue to require mitigation measures as a condition
of obtaining building or use permits to minimize dust
and air emissions impacts from construction.

X
Policy
ER-14.12
Use VCAPCD Air Quality Assessment Guidelines
Use the VCAPCD Air Quality Assessment Guidelines
and recommended analytical tools for determining and
mitigating project air quality impacts and related
thresholds of significance for use in environmental
documents. The City shall continue to cooperate with
the VCAPCD in the review of development proposals.

X Project environmental analysis was prepared in
compliance with APCD guidelines. Comments from
APCD have been incorporated into the final IS/MND.

1177
Ventura Road Electronic Billboard Project
City of Oxnard 2030 General Plan Consistency Analysis
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
January 19, 2023

Policy
SH-1.1
Minimize Liquefaction Risk
Ensure that structures for human occupancy are only
constructed or placed on a potential liquefaction site if the approved geological report shows that an
acceptable hazard risk would be created and/or
required mitigation measures are met.

X
The project would be developed in compliance with all
applicable state and local building codes.

Policy
SH-1.3
Building Code Standards
Require that all new buildings and alterations to
existing buildings be built according to the seismic
requirements adopted within the most current City of
Oxnard Building Code, or its adopted equivalent.

X
Policy
SH-1.4
Soil, Geologic, and Structural Evaluation Reports
Require that adequate soils, and geologic and
structural evaluation reports be prepared by
registered soils engineers, engineering geologists,
and/or structural engineers, as appropriate, for
applicable development.

X
Policy
SH-1.5
Required Geologic Reports
Continue to require the submission of a geological
report for proposed development located in a
potential liquefaction area.

X
Policy
SH-1.7
Soil Investigations
Continue to require a complete site‐specific soils
investigation that addresses liquefaction and
compressible soil characteristics and identifies
construction techniques or other mitigation measures
to prevent significant impacts upon the proposed
development.

X

1178
Ventura Road Electronic Billboard Project
City of Oxnard 2030 General Plan Consistency Analysis
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
January 19, 2023

Policy
SH-1.8
Mitigating Seismic Hazards
Where necessary, utilize the expert mitigation
measures such as those identified in Special
Publication 117: Guidelines for Analyzing and
Mitigating Seismic Hazards in California (prepared by
the Southern California Earthquake Center) to
minimize risk associated with seismic activity.

X
Policy
SH-6.2
Limiting Construction Activities Continue to limit
construction activities to the hours of 7 am to 7pm,
Monday through Saturday. No construction shall
occur after hours, on Sundays, or national holidays
without permission from the City.

X Project has been conditioned to comply with the City
Construction hours.

1179

ATTACHMENT
E

ZONING COMPLIANCE TABLE
1180
Attachment E
Zoning Code Consistency Table
For Ventura Road Electronic Billboard Project
Development
Standard
Oxnard City
Code
Citation
Standard Proposed Project Complies?
Location Section
16-609
Freeway Adjacent Digital Display
Billboards may only be erected on City of
Oxnard owned property or Right of Way,
in any non-residential zones located
within four hundred (400) feet of the
freeway right-of-way for US Highway
101. The total number of Freeway
Adjacent Digital Display Billboard shall
not exceed a total of five (5) within the
City.

This project is
within 400 feet of
the freeway. The
project is one of
two proposed
billboards. No other
billboards currently
exist.

Yes
Distance from
residential
uses
Section
16-609
100 feet from the property line of any
residentially zoned parcel, as measured
from the border of the Digital Display
billboard face, or the base of the digital
display billboard structure, whichever is
closest to the residentially zoned parcel.

While the parcel is
not residentially
zoned the closest
parcel which allows
for residential is
approximately 160
feet east. (Location
of Fore Apartments
Project)
Yes
Height Section
16-609
Fifty-five (55) feet as measured from the
pavement level of US Highway 101 to
the bottom of the digital display. The
maximum height to the top of the
Freeway Adjacent Digital Display
Billboard shall not exceed eighty (80)
feet as measured from the pavement level
of US Highway 101.

The sign is
approximately 50
feet from the
pavement of the US
Highway 101 to the
bottom of the sign
face. The top of the
billboard would be
approximately 65
feet in height above
US Highway 101.

Yes
Size and Section Fourteen (14) feet in height and The proposed Yes 1181
Ventura Road Electronic Billboard Project
Zoning Code Consistency Analysis
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
January 19, 2023

Spacing 16-609 forty-eight (48) feet in width, with the area of each face not to exceed an overall
maximum amount of eight hundred and
fifty (850) square feet, including border
and trim. Each Freeway Adjacent Digital
Display Billboard shall be separated from
every other Freeway Adjacent Digital
Display Billboard by at least 2,000 feet.
screen is Fourteen
(14) feet in height
and forty-eight (48)
feet in width. The
overall sign face is
approximately 703
square feet. The
closest proposed
Freeway Adjacent
Digital Display
Billboard is
approximately
4,000 feet to the
east
Design Section
16-609
All freeway adjacent digital display
billboards shall either be double faced or
include covered backs or facings.

The proposed sign
is double-sided
Yes
Orientation Section
16-609
Each Freeway Adjacent Digital Display
Billboard must be oriented primarily for
viewing from the adjacent freeway.

The sign is oriented
for viewing by
motorist on HWY
101
Yes
Brightness Section
16-609
Shall not exceed 0.3 foot-candles over
ambient levels at a distance of 250 feet in
any direction. All Freeway Adjacent
Digital Display Billboards shall comply
with all applicable laws and regulations
concerning brightness, including, without
limitation, California Building and
Professions Code Section 5403(g) and
California Vehicle Code Section 21466.5.

Based on lighting
studies the project
shall comply.

Conditions shall
require
confirmation after
construction.

Yes, as
conditioned
Display cycle Section
16-609
A Freeway Adjacent Digital Display
Billboard may show a series of still
images, each displayed for at least eight
(8) seconds. The still images may not
move or present the appearance of
motion and may not use flashing or
blinking lights or any other means not
providing constant illumination.

Transition or blank screen time between
Project shall
comply in
accordance with
conditions of
approval.

Yes, as
conditioned
1182
Ventura Road Electronic Billboard Project
Zoning Code Consistency Analysis
PZ Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation)
January 19, 2023

one still image and the next may not
exceed one (1) second.

Compliance
with law
Section
16-609
The owner of the Freeway Adjacent
Digital Display Billboard must comply
with all applicable federal, state, and
local laws, including the Highway
Beautification Act of 1965 (23 United
States Code Section 131), the Outdoor
Advertising Act (California Business and
Professions Code Section 5200 et seq.),
and this Article IX, when constructing,
operating, improving, maintaining,
repairing, and removing the Freeway
Adjacent Digital Display Billboard.

Project shall
comply in
accordance with
conditions of
approval.

Yes, as
conditioned
Source: Oxnard City Code, Chapter 16, Zoning Code (Subject to proposed amendment PZ 20-580-06) 1183
Working Draft - For Discussion Purposes Only. *Please note, design, placement of structures and elevation details are preliminary and subject to change.

The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 1 14’h x 48’w, Double-Sided Digital Display
Site 1: View from Intersection of Ventura Rd. and Wagon Wheel Photo View Map
1184

ATTACHMENT
J

STAFF PRESENTATION
1185
Ventura Road Electronic Billboard
Project
1 Planning Commission
January 19, 2023
Planning & Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation) Joe Pearson II, Planning Manager
1186
Project Description
• A request for the following actions:
○ PZ 20-500-06 (Special Use Permit)
• Allow for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products.
• The top of the billboard would be approximately 80 feet in height above the ground, and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. • The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width.
2 1187
Project Description (Cont.)
• A request for the following actions:
○ PZ 20-670-05 (Development Agreement)
• Allow for for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard and outline the required public benefits to be provided by the future development. ○ PZ 21-660-03 (Street Vacation)
• The proposed Street Vacation would vacate the existing right-of-way to the City of Oxnard
3 1188
Project Location
4 Subject Site: North side of the U.S. 101 and
immediately west of Ventura Road in the
northern portion of the City of Oxnard.
1189
Project Location
5 Project Location
Project Location
1190
Aerial-View
Project Location
6 Project Location
Reference North

LOCATION GENERAL

PLAN ZONING EXISTING LAND USE
Project Site
Commercial
Regional
The RiverPark Specific
Plan (Commercial:

Office)
Vacant
North
Commercial
Regional
The RiverPark Specific
Plan (Commercial:

Office)
Light Industrial Development
South
Highway
101/Easement
Highway 101/The
Village Specific Plan
Highway 101/Residential
East Commercial
Regional
The RiverPark Specific
Plan (Residential:Very
High or Commercial
Regional)
Vacant (Approved Fore Apartments
Project (PZ 19-200-16))
West
County
Unincorporated
County Unincorporated Santa Clara River
1191
Background - Exclusive Negotiation Agreements (ENA)
7 • On June 18, 2019, the City Council approved and authorized the Mayor to execute Exclusive Negotiation Agreements (ENAs) with Clear Channel Outdoor, LLC and another with Outfront Foster Interstate, LLC -- both for potential digital billboard sites.
• Under the terms of the ENAs, both companies were given the exclusive right to negotiate with the City for an initial six-month period, and two additional six-month terms if the projects were being diligently pursued by the parties. • On June 7, 2022, the City Council determined that significant enough progress had been made to amend the ENAs, to grant another 6 months (until June 2023), as well as provided the City Manager with authority to extend the ENAs for two additional six-month terms if the projects are being diligently pursued by the parties. 1192
Background - Code Amendment
8 • Concurrent with the process of this Project the City is processing amendments to Article IX. Advertising Signs of the Oxnard City Code to permit Freeway Adjacent Digital Display Billboards on parcels designated as commercial, industrial, or public facilities within 400 feet of the U.S. 101 right-of-way within the City of Oxnard and a amendment to the RiverPark Specific Plan to allow the sign in accordance with the Oxnard City Code.
• Each Freeway Adjacent Digital Display Billboard shall be separated from every other Freeway Adjacent Digital Display Billboard by at least 2,000 feet with a maximum of five (5) allowed in the City.

1193
Proposed Site Plan
9 Proposed Site Plan
Proposed
Sign
1194
Proposed Sign Elevations
10 1195
Proposed Sign Renderings
11 1196
Development Agreement
• Provide public benefit in the form of monetary payments to the City.
• Allow for the use of City Property through a lease agreement. 121197
Right-of-Way Vacation
131198
Applicable General Plan Policies
• Many policies are directly or indirectly applicable to the proposed project. Some of the key policies are:
• Community Development Policy 3.1& 4.1 - Land Use Conflicts • Community Development Policy 9.1, 9.3, & 9.4 - Neighborhood Identity Gateway Enhancement/View Corridor Preservation
• Environmental Resource Policies 6.1, 6.2, and 6.5 - Views in New Development/Scenic Resources, Lighting and Glare
• Community Development Policy 8.5 - Impact Mitigation
141199
Zoning Code Compliance
• As noted above the City is concurrently processing an Ordinance Amendment (PZ 20-580-06) to allow for Freeway Adjacent Digital Display Billboards, as currently being proposed. The proposed ordinance amendment includes development standards which will be applicable to all Freeway Adjacent Digital Display Billboards developed within the City.
• The proposed project has been designed to be consistent with the proposed ordinance, as further detailed in the Staff Report. 151200
Environmental Review
• An environmental consultant, under the supervision of Planning Division staff, prepared IS/MND which evaluated potential environmental impacts of the proposed Project. The IS/MND was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA).
• City prepared a Mitigated Negative Declaration (MND):
a. MND review period for 30 days (30 days required)
b. City received five comment letters
c. Comments and responses included in MND
d. Changes made to Draft MND for Final MND based on comments • Final IS/MND includes a Mitigation Monitoring and Reporting Program:
a. Details process to implement required mitigation measures b. After implementation of standard conditions and mitigation measures, all potentially significant impacts reduced to less than significant levels 161201
Environmental Review
• Final IS/MND identified the following:
• Class 2 impacts (potentially significant by mitigable, mitigation required) • Biological Resources
• Cultural and Tribal Cultural Resources
• All other impact area were identified as Class 3 (less than significant) • Aesthetics included two recommended mitigations were incorporated • Staff determined that there is no substantial evidence that the Project will have a significant effect on the environment.
171202
Public Notice
• Notice of Community Workshop: December 20, 2021
○ Public notice signs were posted onsite.
○ Notifications were mailed to the RiverPark Neighborhood. • Notice of PC hearing was provided:
○ Newspaper,
○ On-site posting; and
○ Mailed to property owners within 300 feet.
• To date, no public comments have been received.
181203
Staff Recommendation
Recommendation: That the Planning Commission:
a) Adopt a resolution recommending that the City Council adopt a Mitigated Negative Declaration (MND) 22-03; and
b) Adopt a resolution recommending that the City Council approve Planning and Zoning Permit No. 20-670-05 (Development Agreement), and
c) Adopt a resolution affirming that the City of Oxnard’s proposed Vacation of real property consisting of an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard is in conformance with the City of Oxnard 2030 General Plan and recommending that the City Council order the proceed with the vacation, and d) Adopt a resolution Approving Planning and Zoning Permit No. 20-500-06 (Special Use Permit), subject to certain findings and conditions.
191204
20 1205
B
1206
1207
1208
1209
C
1210
RESOLUTION NO. 2023-10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

OXNARD RECOMMENDING THAT THE CITY COUNCIL DENY A

DEVELOPMENT AGREEMENT AND LEASE OF PROPERTY (PLANNING
AND ZONING PERMIT NO. 20-670-05) WITH OUTFRONT FOSTER

INTERSTATE, LCC REGARDING PROPERTY LOCATED ON THE NORTH SIDE OF THE U.S. 101 AND IMMEDIATELY WEST OF VENTURA ROAD IN THE NORTHERN PORTION OF THE CITY OF OXNARD. (APN: N/A).

FILED BY LARS SKUGSTAD, 1111 BROADWAY, SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE “PROPERTY OWNER”).

WHEREAS, on October 15, 2020, Lars Skugstad (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation) to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard; and WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) has considered an application for Planning and Zoning Permit No. 20-670-05 (“Project”), a Development Agreement and Lease of Property between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”) (collectively referred to “Applicant” or “Developer” in the record of proceedings); and WHEREAS, the Development Agreement and Lease of Property (DA) shall allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City. The proposed DA is included in Exhibit A to this Resolution; and
WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement and Lease of Property (PZ 20-670-05) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, the Planning Commission finds, after due study, deliberation and a duly noticed public hearing on January 19, 2023, and received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, and that the project does not meet the criteria set out in California Government Code 65864 through 65869.5; and
WHEREAS, the Commission considered Final IS/MND 22-03 prior to making recommendations on the Project; and
1211
Development Agreement (PZ 20-670-05)
Planning Commission Hearing Date: February 2, 2023
Resolution No. 2023- 10

WHEREAS, on January 19, 2023, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on February 2, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard recommends that the City Council deny Planning and Zoning Permit No. 20-670-05 (Development Agreement), Exhibit A, hereto attached.

SECTION 1. The Recitals above are true and correct and incorporated into the operative provisions of this Resolution by this reference.

SECTION 2. The Planning Commission finds that the Development Agreement and Lease of Property is not internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The proposed project is Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because the proposed Project is denied.

SECTION 4. The Planning Commission hereby recommends that the City Council deny the Development Agreement and Lease of Property.

SECTION 5. The Secretary shall certify the adoption of this Resolution. 1212
Development Agreement (PZ 20-670-05)
Planning Commission Hearing Date: February 2, 2023
Resolution No. 2023- 10

PASSED and ADOPTED by the Planning Commission of the City of Oxnard on this 2nd day of February 2023:
___________________________________
Ronald Arruejo, Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 2nd day of February, 2023, and carried by the following vote:

AYES: Commissioners: Chair Arruejo, Commissioner, Chavez, Dr. Lopez, Connelly, Nash and Zielsdorf
NOES: Commissioners:

ABSENT: Commissioners: Vice Chair Stewart
ABSTAIN: Commissioners:

RECUSED: Commissioners:
___________________________________
Joe Pearson II, Secretary
1213
Development Agreement (PZ 20-670-05)
Planning Commission Hearing Date: February 2, 2023
Resolution No. 2023- 10

EXHIBIT A

DEVELOPMENT AGREEMENT
1214
Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attention: City Clerk

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY

THIS DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY
(“Agreement”) is made in Ventura County, California as of ____________ ____, 2023 by and between the CITY OF OXNARD, a municipal corporation of the State of California (“City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”). The City or OFI may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The City and OFI entered into that certain Exclusive Negotiation Agreement (“ENA”) on June 19, 2019 regarding the lease of certain City property for freeway oriented digital billboards (“ENA Property”), which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

B. The City and OFI have entered into a First Amendment to the ENA dated November 13, 2019, a Second Amendment to the ENA, dated May 28, 2020, a Third Amendment to the ENA dated November 17, 2020, a Fourth Amendment to the ENA dated June 17, 2021, a Fifth Amendment to the ENA dated December 14, 2021, a Sixth Amendment to the ENA dated June 7, 2022 and a Seventh Amendment to the ENA dated December 6, 2022. As of the date of this Agreement, the ENA is still in full force and effect and OFI retains exclusive rights relating to the Property. Based upon the ENA, OFI has a legal or equitable interest in the ENA Property during the term of the ENA.

C. City is authorized, pursuant to Government Code sections 65864 through 65869.5 (the “Development Agreement Statute”) and City Council Resolution No. 10,488, to enter into binding development agreements with persons or entities with legal or equitable interests in real property located within the City in order to vest certain rights in the person or entity with the legal or equitable interest in such property.

D. City and OFI each mutually desire to enter into this Agreement to permit and ensure that a portion of the ENA Property, which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit B attached hereto and incorporated herein by this reference (“Property”), is developed with a double-sided freeway oriented digital billboard (hereafter, the “Project”), and that such billboard is developed strictly 1215
2 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) in accordance with the provisions of this Agreement, the Project Approvals (defined below), and associated entitlements.

E. The City has determined that it is in the best interests of City, and for the common benefit of the citizens residing in City, to enter into this Agreement with OFI for the construction, operation, maintenance, and repair of the Billboard (as that term is defined below) on the Property, subject to (i) OFI obtaining specific entitlements and approvals from Caltrans and the City, including a Specific Plan amendment and a Special Use Permit; and (ii) OFI agreeing to fully comply with all of the provisions of this Agreement, including the payment of specific financial considerations that are in the public interests.

F. To comply with the California Environmental Quality Act (“CEQA”), on _____, 2023, at a duly noticed public hearing, the Oxnard Planning Commission (“Planning Commission”) certified the _______________ (SCH # ___________), as described more fully in Resolution ______, adopted a Mitigation, Monitoring, and Reporting Plan, and made the required CEQA findings.

G. On ___________, 2023, at a duly noticed public hearing, the Planning Commission approved a Special Use Permit for the Project, contingent on City Council approval of this Agreement. At the same public hearing, the Planning Commission recommended that the City Council approve this Agreement by ordinance.

H. On ___________, 2023, the Oxnard City Council (“City Council”), having received the Planning Commission’s recommendation, held a duly noticed public hearing and introduced the ordinance to approve this Agreement. On _______, 2023 the City Council adopted Ordinance _________ approving the Agreement.

I. The Planning Commission of the City (the “Planning Commission”) and City Council have each given notice of their intention to consider this Agreement, have each conducted the required public hearings thereon, and have each found that the provisions of this Agreement are consistent with the City of Oxnard General Plan for development within the City, City zoning ordinances, and the Specific Plan. The City Council has also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region.

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

AGREEMENT

1. Definitions. For purposes of this Agreement, unless a different meaning is clearly required, the following terms will have the following meanings and be capitalized throughout this Agreement:
1216
3 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

1.1 “Annual Net Revenue” means all income actually received by OFI in connection with the sale of advertising space on the Billboard (net of any commissions paid by OFI to advertising agencies, not to exceed 16-2/3%). For the purposes hereof, any income described in this definition will not include the value of any in kind usage of the Billboard by the City.

1.2 “Applicable Rules” means the rules, regulations and official policies of the City which were in force as of the Effective Date (as defined below), including, but not limited to, the General Plan, the Specific Plan (as defined below) and entitlements for the Project including, but not limited to, the Special Use Permit.

1.3 “Billboard” shall mean that double-sided freeway-oriented digital billboard contemplated to be developed on the Property pursuant to the Applicable Rules. OFI shall be responsible for the construction, operation, maintenance, and repair of the Billboard, subject to the terms and conditions of this Agreement.

1.4 “Caltrans Permits” means all permits and approvals, if any, that OFI must obtain from Caltrans and subsequently assign to the City to construct, operate, maintain, and repair the Billboard in accordance with this Agreement.

1.5 “City Council” shall mean the City Council of the City.

1.6 “City Manager” shall mean the City Manager of the City.

1.7 “Effective Date” means the date on which the ordinance approving this Agreement, as required by Government Code section 65867.5, becomes effective.

1.8 “General Plan” means the City of Oxnard 2030 General Plan adopted in October of 2011 and updated in December of 2016.

1.9 “Hazardous Materials” means any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos-containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof.

1.10 “Hazardous Materials Laws” means all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

1.11 “MAG” or “Minimum Annual Guarantee” has the definition given such term in Section 7.1(a).
1217
4 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

1.12 “Off-site Outdoor Advertising Sign” means a general outdoor advertising sign that directs attention to a business, profession, commodity, service or entertainment which is conducted, sold or offered at a location other than on the same lot or parcel upon which the sign is located.

1.13 “Operational” refers to the time when the Billboard is fully capable, legally and functionally, of displaying advertising on the digital display.

1.14 “Operational Date” is the date when the Billboard is Operational.

1.15 “Periodic Review” shall have the meaning assigned to such term in Section 36.

1.16 “Planning Commission” shall mean the Planning Commission of the City.

1.17 “Rent” means the MAG described in Section 7.1 and, as applicable, Percentage Rent described in Section 7.2.

1.18 “Project Approvals” shall mean and refer to the Special Use Permit approved on _________.

2. Initial Term. The “Initial Term” of this Agreement will begin on the Operational Date and will expire on the thirtieth (30th) year anniversary thereof. The Parties acknowledge that Government Code section 65868.5 requires the City to record this Agreement with the Ventura County Recorder’s Office no later than ten (10) days after the Parties enter into this Agreement and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties hereto, subject to the assignment provisions in Section 37.5 below.

3. Tolling for Third Party Lawsuit. If any third party files a lawsuit to challenge this Agreement, the City’s CEQA determination made in connection with its consideration of this Agreement and/or the Project Approvals (each, a “Third-Party Lawsuit”), OFI may request that the Initial Term be tolled during the pendency of the Third-Party Lawsuit by providing a written notice (“Tolling Notice”) to City within thirty (30) days after the commencement of the Third-Party Lawsuit, and said request shall be granted by City. The tolling of the Initial Term shall automatically begin upon City’s receipt of the Tolling Notice, and it shall end on the earliest of the following to occur: (A) the date on which a court issues a final judgment in the Third-Party Lawsuit and the expiration of all appeal period(s) following that judgment; (B) the date the Third-Party Lawsuit is dismissed; or (C) three (3) years from the date of issuance of the Tolling Notice.

4. Tolling for Initiative or Referendum. If the subject of an initiative or referendum petition would overturn, set aside, or substantially modify this Agreement, the other Project Approvals, or otherwise substantially impair the development of the Project, the Initial Term of this Agreement shall be tolled under this Section 4. The Term shall be automatically tolled beginning on the date that the initiative or referendum petition is submitted to the Ventura County elections official for signature verification, and ending on the date the last of the following occurs: (A) the date the County elections official determines the petition does not 1218
5 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) include a sufficient number of signatures; (B) the date the measure is voted on by the Council; or (C) the date of the election on the measure, if placed on the ballot. Notwithstanding any language in Sections 3 and 4 to the contrary, the total length of extension of the Initial Term shall not exceed three (3) years from the date the initiative or referendum petition is submitted to the Ventura County elections official for signature verification.

5. Implementation and Development of the Project. 5.1 Permitted Uses. OFI agrees that Property shall only be developed in accordance with this Agreement and the Project Approvals.

5.2 Subsequent Action and Approval. The City agrees not to unreasonably withhold, condition or delay any action or approval by the City which may be required by the Project subsequent to the execution of this Agreement.

6. Vested Right to Develop the Project. Subject to Section 9 below and the Applicable Rules, the City hereby grants to OFI the vested right to develop the Project on the Property in accordance with this Agreement and the Project Approvals. Other than the Project Approvals and this Development Agreement, development of the Project as described in this Agreement shall require no further discretionary approvals by the City. City and OFI intend to cause all development rights which may be required to develop the Project in accordance with the Project Approvals to be deemed vested in OFI for the Initial Term to the greatest extent permitted by law.

7. Rent. 7.1 Rent. Rent, as set forth in this provision, shall commence on the Operational Date.
(a) Minimum Annual Guarantee (MAG). Each year, OFI shall pay City the Minimum Annual Guarantee (the “MAG”) in the initial amount of $150,000 per year, starting on the Operational Date, in accordance with the terms set forth in this Section.

Term Rent
Years 1-30 $150,000
(b) Manner of Payment. An annual prorated share of the MAG is due and payable on a calendar quarter basis, commencing within forty-five (45) days of the Operational Date and within ten (10) days following the beginning of each calendar quarter occurring thereafter without notice, demand, offset or deduction. OFI shall remit the MAG to City at the address designated by City in writing to OFI for the payment of Rent. For any portion of the Initial Term that is less than a full calendar quarter, the MAG shall be prorated based on 1219
6 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) the number of days occurring during such calendar quarter and actual number of days in such calendar quarter.
(i) Late Charge. If OFI fails to pay any installment of MAG within ten (10) calendar days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance; provided, however, OFI shall not be assessed with the foregoing late payment charge with respect to the first (1st) late payment in any consecutive twelve (12) month period unless and until OFI fails to make such payment to City within three (3) business days after written notice from City that it failed to receive such amounts within the time period set forth above.

Following the first (1st) late payment in any calendar year, no notice by City shall be required for purposes of collecting a late payment charge. The late payment charge has been agreed upon by City and OFI, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by OFI, the actual costs thereof being extremely difficult—if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and OFI shall promptly pay such charge to City together with any unpaid interest (ii) Default Interest. If any MAG is not paid within ten (10) calendar days following the due date, such unpaid amount will bear simple interest at the rate of 10% per year or the maximum permitted by law, whichever is lower (“Default Rate”) from the due date until paid. However, interest will not be payable on late charges incurred by OFI, nor on any amounts on which late charges are paid by OFI to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest will not excuse or cure any default by OFI. (iii) Application of Payments. All payments received by City from OFI will be applied to the oldest obligation owed by OFI to City. No designation by OFI, either in a separate writing, on a check or money order, or otherwise will modify this Article 5 or have any force or effect.

7.2 Additional Consideration
(a) Percentage Rent. To the extent that the MAG for the 12-month period commencing on the Operational Date or anniversary of the Operational Date (“Agreement Year”) during the Initial Term is less than 30% of the Annual Net Revenue for that Agreement Year (the difference being referred to herein as “Percentage Rent”), OFI shall pay to City, in addition to the MAG, within thirty (30) days after the end of the relevant Agreement Year, and to the extent applicable, the Percentage Rent.
(i) Reports. OFI shall furnish to City an annual statement of Annual Net Revenue within thirty (30) days after the end of each Agreement Year. Such statement shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by a duly authorized officer of OFI. OFI shall keep and make available at its local office at __________________________ complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing the Annual Net Revenue, including without limitation, 1220
7 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) materially accurate records of every sale and other transaction made for any advertising display on the Billboard and any commissions paid by OFI pursuant to this Agreement. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of no less than four (4) years after the end of each Agreement Year. The receipt by City of any statement, or any payment of Percentage Rent for any period, will not bind City as to the correctness of the statement or payment.
(ii) Inspection and Audit. City, at its sole option, will be entitled, at any time and from time to time during the Initial Term and during normal business hours and with prior written notice to OFI, to inspect, examine, copy and audit OFI's books, records and cash receipts as related to Annual Net Revenue. OFI shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each Agreement Year and once after the termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis. The audit will be conducted during usual business hours at OFI’s office located at _______________________________, unless another location is mutually agreed upon. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then OFI shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that OFI understated Annual Net Revenue by more than three percent (3%) in which case OFI will pay all reasonable out-of-pocket costs paid to third party consultants and incurred by City in connection with the audit.
(b) City Usage. To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard (such usage “City Usage”).

Content displayed on the Billboard in connection with City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Billboard in increments, at the times of day and otherwise in the same manner as the commercial advertising displayed by OFI on the Billboard. Subject to the terms of this Agreement, City may use such time to promote any purpose that City, in its sole discretion determines best serves the needs of the City and residents, including but not limited to advertising City events and programs. City will submit “camera ready” artwork to OFI, at no cost to OFI, for display purposes. City agrees that for any City Usage City will provide OFI with prior written notice of its desire for City Usage, City will provide OFI with the copy or text of such messages not less than ten (10) business days prior to the date such messages are to appear on the Billboard, and City Usage shall be limited to messages for the civic and public purposes described in this Section and will not be used directly or indirectly for any types of messaging or advertising which OFI would otherwise be able to sell to third parties in the ordinary course of OFI’s business. City represents and warrants that all advertising materials and content supplied by City to OFI for display in connection with City Usage, (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity, (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which the parties may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are not false; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. City hereby agrees to indemnify, defend and save harmless OFI against 1221
8 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) any and all claims, liabilities, losses, damages, fees and expenses arising out of or in connection with the City Usage, including but not limited to any claim for defamation, or infringement of any copyright, trademark, or other intellectual property or privacy right and reasonable attorneys’ fees and expenses incurred in defending any such claims. (c) Emergency Notifications. Without any offset in the City Usage described above and at no cost to the City and as further consideration for the use and occupancy of Property, Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
(d) Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members. For the Initial Term of this Agreement, Oxnard Auto Dealers and members of the Oxnard Chamber of Commerce shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.

8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity. OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or 1222
9 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.

9. Subsequent Applicable Rules. Rules, regulations and official policies of the City, including but not limited to the General Plan, the Specific Plan, zoning and other development regulations adopted after the Effective Date of this Agreement (“Subsequent Applicable Rules”) shall not be applicable to or binding upon the Project unless they are otherwise expressly allowed by this Agreement or are consented to in writing by OFI. The City shall not require OFI to obtain any approvals or permits for the development of the Project other than those permits or approvals which are required by the Applicable Rules. This Agreement will bind the City to the terms and obligations specified in this Agreement.

10. No Conflicting Enactments. The City shall not enact rules, regulation, ordinances or other measures which limit or control the development of any part of the Project which is inconsistent or in conflict with this Agreement.

11. Moratorium or Initiative Measures. OFI and the City intend that no moratorium or other limitation (whether relating to the rate, timing or sequence of the development of the Project and whether enacted by initiative or otherwise) affecting building permits or other entitlements shall apply to the Project to the extent such moratorium or other limitation is inconsistent with or conflicts with this Agreement.

12. Legal Challenges. City agrees to cooperate with OFI in all reasonable manners in order to keep this Agreement in full force and effect. Notwithstanding the preceding sentence, in the event of any legal action instituted by a third party or other government entity or official challenging the validity of this Agreement, the City and OFI agree to cooperate in defending such action, with OFI to indemnify the City pursuant to this Agreement. In the event of any litigation challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless a court of competent jurisdiction orders otherwise.

13. Events of Default; Early Termination. 13.1 Defaults by OFI. OFI will be in default under this Agreement (“Default”) upon occurrence of any of the following:
(a) OFI is at any time late in the payment of Rent or any other monetary sum called for by this Agreement and fails to make payment within thirty (30) days following a written notice to cure from City to OFI; or (b) OFI fails to keep and perform any of its other covenants or agreements contained in this Agreement and such failure continues for more than thirty (30) days after a written notice to cure from City to OFI specifying, the obligation which OFI has failed to perform. Where it will reasonably take OFI more than thirty (30) days, as calculated from receipt of written notice from the City to cure the default and come into compliance with applicable covenants or agreements, the 30-day period shall be extended for a reasonable time to allow OFI to come in to compliance and OFI shall be in Default under this Agreement if it has 1223
10 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) failed to commence such cure within such 30-day period and has failed to diligently pursue completion of such cure; or
(c) After receipt of a written notice to cure from the City, OFI fails to cure within thirty (30) days and abandons and ceases to use the Property OFI; or (d) The Billboard is not Operational by the one (1) year anniversary of the later of: (i) OFI’s receipt of approval from Caltrans for the Caltrans Permits, and (ii) OFI’s receipt of all other approvals, permits and entitlements and associated CEQA review from the City and any other relevant responsible agencies for construction and other work related to the Billboard. The one (1) year anniversary shall, however, be tolled in the event of the filing of third party lawsuits, initiatives, or referenda, as specified in Sections 3 and 4.

13.2 City’s Remedies for Default by OFI. Upon the occurrence and during the continuance of any Default identified in Section 13.1, in addition to any and all other rights or remedies of City hereunder, City will have the sole option to exercise the following rights and remedies:
(a) City may terminate this Agreement if OFI is in default and fails to cure as provided in Section 13.1(a)-(c), or is in default as provided in Section 13.1(d), including any applicable tolling period.
(b) Except as provided in subdivision (c) below, in the event of a default by OFI, City shall have the right to: (i) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (ii) bring any action to compensate City for OFI’s specific obligations to the City pursuant to this Agreement. (c) In the event that a third party lawsuit, referendum, or initiative has been filed that triggers the tolling provisions in Sections 3 and 4 and such lawsuit, referendum, or initiative has not been resolved, dismissed, terminated, or otherwise completed within the three (3) year tolling period, the City’s sole remedy for OFI’s failure to make the Billboard Operational as provided in Section 13.1(d), shall be to terminate this Agreement.

13.3 City Remedies Cumulative. Each right and remedy of City provided for herein will be cumulative and will not preclude City from exercising any other rights or remedies provided for in this Agreement. No payment by OFI of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent will be deemed an accord and satisfaction of full payment of Rent; and City may accept such payment without prejudice to City’s right to recover the balance of such Rent or to pursue other remedies.

13.4 Default by City. City will not be in default under this Agreement unless City fails to perform obligations required of City within thirty (30) days after written notice is delivered by OFI to City specifying the obligation which City has failed to perform; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for performance, then City will not be in default if City commences performance within such 30- day period and thereafter diligently prosecutes the same to completion. All obligations of City hereunder will be construed as covenants, not conditions. 1224
11 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

13.5 OFI's Remedies for Default by City. Upon the occurrence and during the continuance of any Default by City identified in Section 13.4, OFI will have the sole option to exercise the following rights and remedies:
(a) OFI may terminate this Agreement if City is in default and fails to cure as provided in Section 13.4.
(b) In the event of a default by City, OFI shall have the right to: (i) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (ii) bring any action to compensate OFI for City’s specific obligations to OFI pursuant to this Agreement.

13.6 OFI Remedies Cumulative. Each right and remedy of OFI provided herein will be cumulative and will not preclude OFI from exercising any other rights or remedies provided for in this Agreement.

13.7 OFI’s Early Termination Rights. OFI may terminate this Agreement effective 30 days after OFI gives the City written notice of termination, if any of the following circumstances occur:
(a) The view of the Billboard’s display area from the portion of U.S. 101 adjacent to the Property is materially obstructed, and OFI did not cause the obstruction. (b) OFI cannot safely use the Property to renovate, operate, maintain, repair, or improve the Billboard because of a non-remediable condition, and OFI did not cause the condition.
(c) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of U.S. 101 adjacent to the Property, and the diversion or disruption continues uninterrupted for at least six (6) consecutive months. (d) Through no fault of its own, OFI cannot obtain or maintain the governmental permits required to construct, operate, maintain, and repair the Billboard, including the Caltrans Permits and City permits, or there is a legal challenge to such permits and approvals, including, but not limited to, any challenges under CEQA, and OFI elects, in its sole discretion, not to oppose such challenges, OFI may withdraw its applications for approval and terminate this Agreement.
(e) Use of the Billboard for its intended purpose is prevented or limited by law, or OFI is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Billboard from the Property. (f) The City is in default of this Agreement, and said default is not timely cured.

13.8 Consequential and Punitive Damages. Anything in this Agreement to the contrary notwithstanding, neither City nor OFI shall be liable to each other under or in connection with this Agreement for any consequential or punitive damages and each party 1225
12 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) waives, to the full extent permitted by applicable laws, any claim for consequential or punitive damages, and any claim for loss of business or profits.

14. Insurance. 14.1 Types of Policies. During the Initial Term and, if OFI is removing the Billboard, during OFI’s removal of the Billboard, at no cost to City except as otherwise contemplated by this Agreement, OFI shall procure and maintain the forms and amounts of insurance covering OFI’s possession and use of the Property set forth below (“OFI’s Insurance”).

OFI’s Insurance shall be primary to and not contributing with any other insurance, self-insurance or joint self-insurance maintained by City, and shall name the City as an additional insured.

14.2 Commercial General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a limit of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate, providing coverage for blanket contractual liability (including OFI’s indemnification obligations under this Agreement), products and completed operations liability, broad form property damage, and bodily injury (including wrongful death) and advertising injury coverage.

14.3 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance, if required by law, which complies with all applicable state statutes and regulatory requirements, and employer’s liability insurance coverage in statutory amounts. OFI shall also require any contractor utilized to perform any services or work at the Property pursuant to this Agreement to maintain such workers’ compensation insurance and provide proof of such insurance prior to commencing any services or work at the Property.

14.4 Other Insurance. Any other form or forms of insurance as City may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent OFI would protect itself, but only to the extent such risks and amounts are available in the insurance market at commercially reasonable costs.

15. City’s Right to Enter and Inspect the Property. City and its authorized representatives will have the right to enter upon and inspect the Property at reasonable times (and on no less than forty-eight (48) hours’ notice) to determine OFI’s compliance with this Agreement.

16. Notification of Incidents. OFI shall endeavor to notify City within forty-eight (48) hours after OFI has actual knowledge of the occurrence of any accident or event on or about the Billboard, the Property, any portion thereof, or any improvements thereon and which OFI actually determines could give rise to a claim against City, City’s insurance, OFI, or OFI’s Insurance, except that OFI will not be so obligated with respect to any accident or event which could give rise to a claim under OFI’s workers’ compensation insurance. OFI’s notice shall be accompanied by a copy of any report(s) relating to such accident or event.

17. Nonexclusive Easements. The City reserves the right for itself and others in the future to establish nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, through or on the Property in 1226
13 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) locations that will not interfere with OFI’s use of the Property as contemplated by this Agreement. Under no circumstances shall the City permit the construction of any improvement on the Property, or adjacent City-owned properties, that will obstruct views of the Billboard from US 101. OFI will not be required to maintain or repair the utility easements unless OFI has caused the need to repair.

18. Expiration of Agreement; Holding Over. This Agreement will expire at the end of the Initial Term. If OFI holds over on the Property after the expiration of the Initial Term with the consent of City, such holding over will be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations contained in this Agreement that applied at the expiration of the Initial Term . If OFI does hold over on the Property after the Initial Term, then OFI agrees to pay City as monthly rental an amount which is equal to 1/12th of the annual Rent paid by OFI to City during the last year of the Initial Term.

19. Condition of Property. The Property and all improvements thereon, are being leased to OFI in its current, existing, “AS IS” condition. City makes no representations or warranties of any kind, express or implied, written or oral, about any of the following: the physical condition of the Property; the suitability of the Property for OFI’s anticipated use; any limitations on OFI’s use of the Property; the costs of conducting OFI’s business on the Property; or the condition of the soils or ground waters of the Property. By taking possession of the Property, OFI accepts the Property “AS IS” and acknowledges that the Property are satisfactory for OFI’s purposes. OFI has ascertained the condition of the Property through its own independent investigation and has relied solely on that independent investigation when entering into this Agreement.

20. Permitted Uses. Subject to any City Usage, OFI has the exclusive right to display an Off-site Outdoor Advertising Sign on the Property consistent with Exhibit C. City will not authorize any other Off-site Outdoor Advertising Signs on the Property. OFI’s right to construct an Off-site Outdoor Advertising Sign on the Property includes the right to the following uses: constructing, operating, maintaining, and repairing, the Billboard, and any utilities installed in connection with the Billboard; installing and maintaining utility wires, poles, cables, conduits, and pipes over or under the Property from the nearest accessible public right-ofway that support the permitted operations of the Billboard; and all rights of ingress and egress over the Property that OFI needs to access the Billboard. Subject to the City’s sole and absolute discretion as property owner, as well as the regulator through any generally applicable permit process, OFI may sublease the Property for telecommunications facilities on the Billboard with the written approval of the City and with any such revenue considered part of Annual Net Revenues. Such telecommunications facilities shall be “stealth;” not affect the aesthetic or structural integrity of the Billboard in the City’s discretion.

21. Prohibited Uses. Hazardous Substances. Neither OFI nor any of OFI’s representatives or agents may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Property, the Billboard, or any improvements thereon. Notwithstanding the foregoing, OFI may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials in such limited amounts as are customarily used to construct, operate, maintain, or repair the Billboard in accordance with this Agreement, and so long as OFI is at all times in full compliance with all applicable 1227
14 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) environmental laws. OFI shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged by OFI or its authorized representatives on or under the Billboard, the Property, or any improvements thereon to be removed therefrom and transported for disposal in accordance with applicable laws, including Hazardous Materials Laws. City will have the right to enter the Property, or any improvements thereon, from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor OFI’s compliance with its obligations concerning Hazardous Materials and Hazardous Materials Laws (the City agrees that all such testing, inspections, surveys and monitoring will be at the City’s expense unless the results of such testing, inspections, surveys or monitoring demonstrate that, with respect to OFI’s use, handling, storage, transportation, treatment, generation, release or disposal of Hazardous Materials in, on, under or about the Property, the Billboard, or any improvements thereon, OFI has violated its obligations contained in this Section. OFI shall promptly notify City in writing upon its actual knowledge of: (a) any release or discharge of any Hazardous Material by OFI or its authorized representatives; (b) any voluntary clean-up or removal action instituted or proposed by OFI, (c) any enforcement, cleanup, removal or other governmental or regulatory action instituted or threatened against OFI, or (d) any claim made or threatened by any person against OFI, the Billboard, the Property, or any improvements thereon relating to Hazardous Materials or Hazardous Materials Laws. OFI shall also supply to City as promptly as possible, and in any event within five (5) business days after OFI receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Billboard, the Property, any portion thereof, or any improvements thereon or OFI’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event OFI institutes a cleanup or removal action, OFI shall provide copies of all work plans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner.

22. Unlawful Activities. OFI may not use or permit the Property to be used in any way that violates this Agreement or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). OFI may not maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Property. OFI hereby waives any rights to compensation it may have if a court finds that the Billboard constitutes a public or private nuisance under any valid and applicable federal, state, or local law and for that reason orders OFI to remove or modify the Billboard.

23. Encumbrances. OFI may not encumber the Property or any part of the Property or the Billboard or any part of the Billboard, for any purpose, without City’s prior written consent, which City may withhold for any reason. OFI shall keep the Property and the Billboard free of all liens and other encumbrances other than those, if any, to which City consents.

24. Construction and Operation of Billboard. Subject to any required permits and approvals, OFI shall construct, operate, maintain and repair the Billboard on the Property in accordance with the provisions of this Agreement. Upon completion of the Billboard, OFI shall provide City with a complete set of as-built drawings.

25. Permitting Costs. OFI will bear the costs associated with obtaining the Caltrans Permits and costs related to all other permitting and entitlements which are required for the 1228
15 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) construction and operation of the Billboard, including obtaining any Project Approvals (as defined in Section 1.18), for the construction, operation, maintenance, and repair of the Billboard and the Property and any environmental review of the Property.

26. Plans and Specifications. At no cost to City, OFI shall prepare complete plans and specifications for the construction of the Billboard consistent with Exhibit C to this Agreement, working closely with City to develop plans and specifications that are mutually acceptable (the “Plans”). OFI shall submit the Plans to City for final approval, which City will not unreasonably withhold, condition or delay. The Billboard shall be designed to comply with all applicable state, county, and City codes and regulations.

27. Caltrans Permits. OFI is responsible for ensuring that the Billboard complies with all requirements of California’s Outdoor Advertising Act and Regulations if Caltrans determines that the Property fall within the scope of such law. As soon as practicable after the Effective Date, OFI shall apply for the Caltrans Permits, or, if necessary, engage in discussions with Caltrans to negotiate a Billboard Relocation Agreement that is mutually agreeable to both OFI and Caltrans which will permit OFI to seek all Caltrans Permits required in connection with the construction and operation of the Billboard contemplated by this Agreement. OFI agrees that upon request by the City, OFI will provide updates and any reasonably requested documentation relating to the negotiations with Caltrans for the Caltrans Permits and any status on the issuance of the Caltrans Permits. During the Initial Term, OFI shall perform all obligations under the Caltrans Permits at no cost to City. OFI shall have twelve (12) months from the Effective Date to obtain the Caltrans Permits, which period shall be subject to the three (3) year tolling period provided in Sections 3 and 4 in the event of a third party lawsuit, initiative, or referendum. If OFI has not received the Caltrans Permits at the end of such twelve (12) month period in addition to any tolling period as provided in Sections 3 and 4, and provided that OFI has diligently pursued the Caltrans Permits, City must provide OFI an extension of an additional six (6) months to obtain the Caltrans Permits. If, following such additional six (6) month extension period, OFI is still unable to obtain the Caltrans Permits, either the City or OFI can agree to another extension of time or terminate this Agreement.

28. [Reserved]

29. Construction. OFI shall begin design process and permitting process for the Billboard as soon as practicable after the Effective Date and shall diligently pursue construction to completion without unnecessary interruption so that the Billboard is Operational by the date established in Section 13.1(d). OFI will be excused, however, for any delays in beginning or completing construction that are caused by a Force Majeure Event, as defined in Section 33. OFI shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay.

30. Prevailing Wages. The parties agree that any “construction, alteration, demolition, installation, or repair work” (“Improvement Work”) shall comply with applicable prevailing wage policies as set forth in California Labor Code section 1720 et seq., any applicable federal law and applicable regulations thereto (“Prevailing Wage Laws”). OFI shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers and 1229
16 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) agents from any claims arising out of or in any way connected to OFI’s obligations regarding compliance with Prevailing Wage Laws.

31. Maintenance. OFI shall be responsible for all the on-going repair, maintenance, installation, and operation costs of the Billboard, and related improvements on the Property at no cost to the City. OFI shall also be responsible for the prompt removal of any graffiti from the Billboard within forty-eight (48) hours of receiving notice of the graffiti.

32. Damage or Destruction to the Billboard. This Agreement will continue in full effect if the Billboard is substantially damaged or destroyed in whole or part by any cause whether or not covered by the fire-and-casualty insurance OFI maintains, subject to the following:

32.1 The Rent thereafter due under this Agreement will abate from the date of the casualty until the repair or replacement of the Billboard is completed.

32.2 The City and OFI will mutually agree upon the repair or replacement of the Billboard, which such repair or replacement will use any proceeds of insurance maintained by the City or otherwise at the expense of the City. In connection with any election to repair the casualty, OFI and the City will promptly apply for, and diligently pursue the issuance of, any permits or approvals needed to repair or replace the Billboard. Within thirty (30) days after obtaining the necessary permits and approvals, the party which will perform such repair or replacement will begin work to repair or replace the Billboard and diligently pursue the completion thereof.

32.3 In the event of any damage or destruction which is covered by insurance, the City will promptly make proof of loss and proceed promptly to collect, or cause to be collected, all valid claims which the City may have against insurers or others based upon any such damage or destruction. Except as otherwise provided above, amounts received on account of any losses pursuant to insurance policies shall be used and expended for the purpose of fully repairing or reconstructing the portions of the Billboard which has been destroyed or damaged.

32.4 Notwithstanding anything herein to the contrary, if (a) the cost to repair or replace the damage or destruction of the Billboard exceeds 50% of its fair-market value immediately before it is damaged or destroyed; and (b) the damage or destruction occurs during the last five (5) years of the Initial Term, then the City may terminate this Agreement upon written notice to OFI without penalty.

33. Force Majeure As used in this Agreement “Force Majeure Events” and “Pandemic Events” have the following meaning:

33.1 “Force Majeure Events” mean, collectively: (1) governmental preemption or governmental shutdowns of business in connection with a national emergency, (2) work stoppages or other delays due to pandemics or other unforeseen circumstances, (3) conditions that prevent or delay construction and which are affected by war, pandemic, civil unrest or other international, national, state or municipal emergency or other cause, (4) act of 1230
17 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) God, (5) Pandemic Events (as hereinafter defined) or (6) any other cause, similar or dissimilar, beyond the reasonable control of either party; and

33.2 “Pandemic Events” shall mean (1) governmental shutdowns of business in Ventura County in connection with the occurrence of a pandemic or other public health emergency, or (2) the issuance of “shelter-in-place” orders affecting Ventura County by one or more governmental authorities due to the occurrence of a pandemic or other public health emergency.

34. Utilities. At no cost to City, OFI shall provide and pay for all utility connections, utility equipment, and utility service required to construct, operate, maintain, repair, improve, or reposition the Billboard throughout the Initial Term (provided that City will pay for all such costs and expenses in connection with the construction and operation of the City’s Telecommunication Facilities, if applicable). OFI shall coordinate with City and the applicable utility companies for utility tie-ins and electrical power sources that OFI may need to construct and operate the Billboard.

35. Removal of Billboard. OFI shall be responsible for the removal of the Billboard, and other improvements from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), at the expiration of the Initial Term of this Agreement, unless the City waives OFI’s removal obligation in writing. In the event this Agreement is otherwise terminated or cancelled prior to the expiration of the Initial Term, OFI shall remove the Billboard and other improvements installed by OFI from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), unless the City waives OFI’s removal obligation in writing. Notwithstanding the above, OFI shall not be required to remove those portions of the Billboard and other improvements made by OFI on the Property that are more than eighteen (18) inches below grade. OFI shall cause the removal as required under this Section within thirty (30) days from the end of the Initial Term or from the date of early termination, whichever the case may be. If OFI does not timely remove the Billboard and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard and other improvements on the Property at OFI's expense. OFI shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal and the restoration of the Property to its state immediately prior to the installation of the Billboard. City and OFI acknowledge and agree that OFI and its assigns shall be the exclusive owner and operator of the Billboard, and that all equipment comprising the Billboard shall remain the personal property of OFI and its assigns and shall not become fixtures of the Property. City shall have no right, title or interest in the Billboard or any component of the Billboard, notwithstanding the manner in which the Billboard is or may be physically attached, mounted or adhered to the Property.

36. Taxes. OFI shall pay without abatement, deduction, or offset any income taxes or possessory interest taxes levied on or assessed against the Billboard located on the Property, OFI’s equipment, fixtures, and personal property located on or in the Property, which are directly 1231
18 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) attributable to this Agreement or OFI’s use of the Property, whether belonging, owned, or chargeable against the City. OFI shall make all such payments directly to the charging authority prior to delinquency and before any fine, interest, or penalty becomes due or is imposed for OFI’s non-payment. Following prior request by City, OFI shall provide City with proof of payment of such tax.

37. Compliance Review. 37.1 Periodic Review. Pursuant to Government Code section 65865.1, the City Manager shall, not less than once in every twelve (12) months, review the Project and this Agreement to ascertain whether or not OFI is in full compliance with the terms of this Agreement (the "Periodic Review").

37.2 Review Procedure. During a Periodic Review, OFI shall provide information reasonably requested by the City Manager that the Project is being developed in good faith compliance with the terms of this Agreement. Upon completion of a Periodic Review, the City Manager shall submit a report to the City Council setting forth the City Manager's findings. If, as a result of a Periodic Review, the City Council finds and determines on the basis of substantial evidence that OFI has not complied in good faith with the terms or conditions of this Agreement, the City shall issue a written "Notice of Noncompliance" to OFI specifying the grounds therefore and all facts demonstrating such noncompliance. OFI's failure to cure the alleged non-compliance within ninety (90) days after receipt of the notice, or, if such noncompliance is not capable of being cured within ninety (90) days, OFI's failure to initiate all actions required to cure such noncompliance within ninety (90) days after receipt of the notice, shall constitute a default under this Agreement on the part of OFI and shall constitute grounds for the termination of this Agreement by the City as provided for below.

37.3 Termination or Modification for Non-Compliance. Pursuant to Government Code Section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that OFI has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. Any action by the City with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65865.1 in addition to any other notice required by law. Additionally, the City shall give OFI written notice of its intention to terminate or modify this Agreement and shall grant OFI a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City.

37.4 Modification. Amendment or Cancellation by Mutual Consent. Pursuant to Government Code section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and OFI or their successors in interest. Public notice of the parties’ intention to amend or cancel any portion of this Agreement shall be given in the manner provided by Government Code section 65867. Any amendment to the Agreement shall be subject to the provisions of Government Code section 65867.5.

37.5 Inurement and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and OFI and may be assigned by either the City or OFI to any party or parties pursuant to the requirements of this Section. The specific rights 1232
19 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) and obligations of this Agreement shall be deemed covenants running with the land that concern and affect the Property. Prior to OFI’s assignment of any rights, duties or obligations under this Agreement, OFI shall present such information to the City as will reasonably demonstrate to the City’s satisfaction that the proposed assignee (the “Assignee”) has the financial ability and experience to fulfill those specific rights, duties and obligations under the Agreement that the Assignee will assume. The City shall have the right to approve the proposed Assignee, provided that the City’s approval may not be unreasonably withheld. Because this Agreement is a statutory Development Agreement, if City staff determine that they can recommend approval of the proposed Assignee, a public hearing before the Planning Commission and City Council will be necessary to approve the proposed amendment to this Agreement. If the City does not approve the Assignee, the City shall deliver notice to OFI of the reasons for the City’s disapproval of the Assignee. Once such approved assignment or succession has occurred and the Assignee has agreed to accept the applicable obligations under this Agreement, OFI shall be released from its obligations under this Agreement assumed by the Assignee with respect to the Property, or portion thereof, so transferred. Notwithstanding anything herein to the contrary, OFI shall not be required to obtain the City’s written consent prior to effecting a transfer of all or a portion of OFI’s interests to OFI member agencies Foster Interstate, LLC and Outfront Media, LLC.

38. Monetary Damages. OFI and the City acknowledge that neither the City nor OFI would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and OFI agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages which would adequately compensate OFI for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and OFI agree that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and OFI covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. This foregoing waiver shall not be deemed to apply to any fees, payments, reimbursements or other monetary amounts specifically required to be paid by OFI to the City pursuant to this Agreement.

39. Specific Performance. OFI has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement and it is not possible to determine the amount of monetary damages that would adequately compensate OFI for such efforts. Damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement, and that OFI shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. The City's remedy to terminate or amend this Agreement in the event of OFI's uncured breach shall be sufficient in most circumstances.

40. Administration of Agreement and Resolution of Disputes. OFI shall at all times have the right to appeal to the City Council any decision or determination made by any employee, agent or other representative of the City concerning the Project or the interpretation and administration of this Agreement. All City Council decisions or determinations regarding 1233
20 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) the Project or the administration of this Agreement shall also be subject to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent jurisdiction not later than ninety (90) days after the date on which the City Council's decision becomes final.

41. Recordation of this Agreement. Pursuant to Government Code section 65868.5, the City Clerk shall record a copy of this Agreement in the Official Records of Ventura County within ten (10) days after the mutual execution of this Agreement.

42. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

43. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City, OFI and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement.

44. Miscellaneous. 44.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) (i) hand delivered by messenger or courier service, (ii) by overnight delivery (including Federal Express), or (iii) by United States mail (postage prepaid), registered or certified, return receipt requested, addressed to the addresses set forth below. Each notice shall be deemed delivered (1) on the date delivered if by personal delivery, (2) on the date of delivery by the overnight delivery service if by overnight delivery, or (3) seventy-two (72) hours after deposit in the United States mail (postage prepaid) if by registered or certified mail. By giving to the other parties at least fifteen (15) days’ written notice, the parties to this Agreement and their respective successors and assigns shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address.

If to City: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Manager
with a copy to: City of Oxnard
214 South C Street
Oxnard, California 93030
Attention: Community Development Director
Tel. No.: (805) 385 7877
Fax No.: (805) 385 7854
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21 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) with a copy to: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Attorney
If to OFI: Outfront Foster Interstate LLC
1111 Broadway, Suite 1515
Oakland, CA 94607
Attn: John B. Foster, President
Fax: (415) 832-7080
with a copy to: Outfront Media LLC
405 Lexington Avenue, 17th Floor
New York, NY 10174
Attn: General Counsel
with a copy to: Miller Starr Regalia
1331 North California Boulevard, Fifth Floor
Walnut Creek, CA 94596
Attn: Anthony Leones
Tel: (925) 941-3261
Fax: (925) 933-4126
Email: [email protected]
with a copy to: Wendel Rosen LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
Attn: Matt Dambrov
Tel: (510) 834-6600
Fax: (510) 834-1928
Email: [email protected]

44.2 Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The City and OFI intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid.

44.3 Entire Agreement; Conflicts. This Agreement represents the entire agreement between the City and OFI with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the City and OFI with respect to the matters contained in this Agreement. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Applicable Rules or the Subsequent Applicable Rules, then the provisions of this Agreement shall govern and prevail.
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22 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

44.4 Further Assurances. The City and OFI agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably necessary to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and OFI are not thereby modified.

44.5 Negation of Agency. The City and OFI acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and OFI joint venturers, partners or employer/employee.

44.6 Attorneys' Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable out of pocket expenses not limited to taxable costs, including, but not limited to telephone calls, photocopies, expert witness, travel, and reasonable attorneys' fees and costs to be fixed by the court. Such recovery shall include, but not limited to, court costs, out of pocket expenses and attorneys' fees on appeal, if any. The court shall determine who is the "prevailing party," whether or not the dispute or controversy proceeds to final judgment. If the City or OFI is reasonably required to incur such out of pocket expenses and attorneys' fees as a result of any claim arising out of or concerning this Agreement or any right or obligation derived hereunder, then the prevailing party shall be entitled to recover such reasonable out of pocket expenses and attorneys' fees whether or not an action is filed.

44.7 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

44.8 Estoppel Certificates. Within thirty (30) days following the receipt by City of a written request by OFI, the City shall execute and deliver to the requesting OFI a statement (an "estoppel certificate") certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the City alleges that specified (date and nature) defaults exist. The estoppel certificate shall also provide any other reasonable information requested. The failure to timely deliver a requested estoppel certificate shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting OFI, and that there are no uncured defaults in the performance of the requesting OFI, except as may be represented by the requesting OFI. The requesting OFI shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of estoppel certificates under this Section prior to City's issuance of such certificates. Any such certificate may be and is intended to be relied upon by any person, including, but not limited to, the other Party, potential purchasers or lessees of all or any part of the Property, lenders or potential lenders. 1236
23 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23)

44.9 Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

44.10 Relationship of the Parties; Not Third-Party Beneficiaries. This Agreement does not create any relationship or association between City and OFI other than that of landlord and tenant, and it is expressly understood and agreed that City does not in any way nor for any purpose become a partner of OFI or a joint venturer with OFI in the conduct of OFI’s business or otherwise; nor does this Agreement create between City and OFI the relationship of principal and agent. The parties do not intend to create any third-party beneficiaries to the Agreement.

44.11 Time of Essence. Time is of the essence of this Agreement, and all performances required hereunder shall be completed within the time periods specified. Any failure of performance shall be deemed as a material breach of this Agreement.

44.12 Counterparts. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document.

45. Indemnification. 45.1 Definitions. For the purposes of this Section, the following definitions will apply:
(a) “Person” is to be interpreted broadly and includes OFI and OFI’s directors, officers, employees, contractors, and agents; and City and City’s elected officials, officers, employees, contractors, and agents. (b) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from OFI’s possession or use of the Property. (c) “Occurrence” means (A) the death of, or injury to, any person; and (B) damage to, or destruction of, any real property, personal property (including intellectual property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Property).

45.2 General Indemnity. Except to the extent claims are caused by the negligence or willful misconduct of the City and its employees, agents and contractors, and not waived by OFI, OFI shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, and representatives and each of their successors and assigns from and against any and all third party claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all reasonable out-of-pocket costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Initial Term as a result (directly or indirectly) of or in connection with (a) any OFI default under this Agreement (including in the performance or non-performance of any obligation on OFI’s part to be 1237
24 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) performed under the terms of this Agreement); (b) OFI's performance of the design and construction of the Billboard; (c) OFI’s or OFI’s representatives or agents use of the Property, the Billboard, any portion thereof, or any improvements thereon, the conduct of OFI’s business or any activity, work or thing done, permitted or suffered by OFI or its representatives or agents in or about the Property or any portion thereof, or any improvements thereon, except that with regard to the presence of Hazardous Materials, the Property or any improvements thereon, OFI will not be responsible for conditions that existed prior to the date that City delivers exclusive control of the Property to OFI and, whether prior to the Effective Date or not, were not caused by OFI or its authorized representatives; and (d) any negligent or willful act, error or omission of OFI or its representatives or agents in or about the Billboard, any portion thereof, or any improvements thereon (collectively, “Indemnification”). OFI shall provide such Indemnification by and through counsel reasonably approved by City. Without limiting the foregoing, OFI’s obligation under this Section includes Liabilities arising from any of the following:
(a) Any Occurrence that is caused by, or related in any way to, a verbal or nonverbal display on the Billboard.
(b) OFI’s failure to perform any provision of this Agreement due to no fault of City, to comply with any requirement of law applicable to OFI, or to fulfill any requirement imposed by any governmental entity (including City when acting as a government) on OFI or on OFI’s use of the Property. (c) Any claim that OFI’s policies with respect to the allocation of advertising time violate any person’s or persons’ First Amendment rights. (d) Any Occurrence caused or allegedly caused by (i) any condition of the Property created by OFI or by any Person on the Property with OFI’s permission; or (ii) some act or omission on the Property by OFI or by any Person on the Property with OFI’s permission.

OFI agrees that its obligation under this Section includes the reasonable costs of attorney fees incurred by City’s City Attorney’s Office to monitor and consult with OFI regarding the defense of any such Liabilities, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. City will use its best efforts to avoid duplicative attorney work or appearances in order to keep litigation costs to a reasonable minimum. OFI further acknowledges and agrees that settlement of any Liabilities requires the consent of City. City agrees that its consent will not be unreasonably withheld provided that OFI is financially able (based on demonstrated assets) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Agreement

45.3 Hazardous Materials. Except to the extent caused by City’s negligence or willful misconduct, caused by a third party or with regard to the presence of Hazardous Materials on the Property as of the date City delivers exclusive control of the Property to OFI, OFI shall indemnify, defend and hold City harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses (including attorneys’ fees and expenses and consultant fees and expenses) caused or alleged to have been caused by OFI’s use, 1238
25 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) storage, handling, treatment, generation, discharge or release of Hazardous Materials in violation of OFI’s obligations under this Agreement, whether such claims, causes of action or liabilities are first asserted during the Initial Term or thereafter, and including claims made against City with respect to bodily injury, death or property damage sustained by third parties caused or alleged to have been caused by OFI’s use, storage, handling, treatment, generation, discharge or release of Hazardous Materials. For the purposes of clarification, the indemnity contained in this Section will be the sole indemnity OFI provides to the City with respect to Hazardous Materials and (b) OFI will not be responsible for nor indemnifies the City for any claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses with respect to Hazardous Materials which do not directly result from OFI’s use, storage, handling, treatment, generation, discharge or of Hazardous Materials in violation of OFI’s obligations under this Agreement.

45.4 Survival. Each party’s obligations under this Agreement will survive expiration or termination of this Agreement for a period of three (3) years following termination.

45.5 Reference of California Law. Unless expressly stated to the contrary, all references to statutes herein are to the California codes.

45.6 Interpretation of Agreement. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. City and OFI acknowledge and agree that this Agreement has been prepared jointly by City and OFI and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.

45.7 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement.

Such legal actions must be instituted in the Superior Court of the County of Ventura, State of California or in the United States District Court for the Central District of California.

45.8 No Relocation Benefits. It is agreed that nothing contained in this Agreement shall give OFI any right to occupy the Property at any time after the expiration of the term of this Agreement or its termination. OFI agrees that, upon the expiration of termination of this Agreement, OFI’s use of the Property for the location of a Billboard or this Agreement shall not entitle OFI to any relocation benefits from the City pursuant to any federal, state or local law and waives any such claim against the City.
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26 Development Agreement and Lease of Real Property (Ventura Rd 1_5_23) IN WITNESS WHEREOF, the City and OFI hereto have each executed this Agreement as of the date first written above.

CITY: CITY OF OXNARD, a California municipal
corporation
By: ___________________________________
Mayor
ATTEST: _____________________________ Rose Chaparro, City Clerk APPROVED AS TO FORM: _____________________________ Stephen Fischer, City Attorney

OUTFRONT FOSTER INTERSTATE LLC
By Its Members:

FOSTER INTERSTATE LLC
By:

Print Name: John B. Foster
Title: Manager

OUTFRONT MEDIA, LLC
By:

Print Name: ___________________________
Title: _________________________________
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RIVERPARK BOULEVARD ELECTRONIC BILLBOARD
Response to Comments on Public Review Draft
Initial Study/Mitigated Negative Declaration
State Clearinghouse Number 2022060706
Prepared for October 2022
City of Oxnard
Community Development Department
1263
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RIVERPARK BOULEVARD ELECTRONIC BILLBOARD
Response to Comments on Public Review Draft
Initial Study/Mitigated Negative Declaration
Prepared for October 2022
City of Oxnard
Community Development Department
214 South C Street
Oxnard, California 93030
805.385.8272

16755 Von Karman Avenue
Suite 200
Irvine, CA 92606
949.753.7001
esassoc.com

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OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. 1266
Riverpark Boulevard Electronic Billboard i ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration

TABLE OF CONTENTS
Riverpark Boulevard Electronic Billboard:

Response to Comments on Public Review Draft
Initial Study/Mitigated Negative Declaration

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

1.1 CEQA Requirements........................................................................................... 1-1

1.2 CEQA Process .................................................................................................... 1-2

2.0 Comment Letters........................................................................................................ 2-1

3.0 Responses to Comments .......................................................................................... 3-1

4.0 Errata ........................................................................................................................... 4-1

5.0 Mitigation Monitoring and Reporting Program ....................................................... 5-1 1267
Riverpark Boulevard Electronic Billboard ii ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
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Riverpark Boulevard Electronic Billboard 1-1 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
CHAPTER 1
Introduction
This Response to Comments document was prepared to respond to comments that were received on the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND). The Final Initial Study/Mitigated Negative Declaration (Final IS/MND) consists of the Public Review Draft IS/MND and this Response to Comments document. The Final IS/MND has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Administrative Code Section 15000 et seq.). Documents relating to this Final IS/MND were cited and incorporated. All documents are available for review at the City of Oxnard website:
https://www.oxnard.org/city-department/community-development/planning/environmentaldocuments/.

1.1 CEQA Requirements
Before the City of Oxnard may approve the project, it must certify that the Final IS/MND: a) has been completed in compliance with CEQA; b) was presented to the Oxnard City Council who reviewed and considered it prior to approving the project; and c) reflects the City’s independent judgment and analysis.

CEQA Guidelines Section 15074 states that prior to approving a project, the decision-making body of the lead agency shall consider the proposed mitigated negative declaration together with any comments received during the public review process. Therefore, the decision making body will be considering the following documents that constitute the Final IS/MND prior to making a decision on the project.
 The Public Review Draft IS/MND
 Response to Comment Document which includes:
­ Comments and recommendations received on the Public Review Draft IS/MND; ­ A list of persons, organizations, and public agencies commenting on the Public Review Draft IS/MND;
­ The response of the Lead Agency to substantive environmental points raised in the review and consultation process.
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1. Introduction
Riverpark Boulevard Electronic Billboard 1-2 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
This Response to Comments document for the Riverpark Boulevard Electronic Billboard presents the following chapters:
 Chapter 1: Introduction – this chapter incudes an introduction to the Response to Comments and the CEQA process and requirements
 Chapter 2: Comment Letters – this chapter includes a list of persons, organizations, and public agencies commenting on the Public Review Draft IS/MND  Chapter 3: Response to Comments – this chapter includes the written comments received on the Public Review Draft IS/MND as well as the written responses to each comment  Chapter 4: Errata – this chapter includes any revisions made to the Public Review Draft IS/MND in response to comments received or initiated by the Lead Agency  Chapter 5: Mitigation and Monitoring Program (MMRP) – this chapter includes a list of the mitigation measures, identification of the responsible implementation agency, agency responsible for monitoring, timing of implementation, and date of compliance for each mitigation measure

1.2 CEQA Process
Public Participation Process
Notice of Intent of the Public Review Draft IS/MND
The Notice of Intent (NOI) of the Public Review Draft IS/MND was posted on June 30, 2022 with the Ventura County Clerk Recorder. The Public Review Draft IS/MND was circulated for a 30-day public review until July 29, 2022. The NOI for the Public Review Draft IS/MND was circulated to state and local agencies and interested parties requesting a copy of the NOI. Copies of the Public Review Draft IS/MND were made available for review at the City of Oxnard Community Development Department located at 214 S. C Street, Oxnard, California, 93030 and at the Oxnard Public Library, 251 South “A” Street. The document was also available at the City of Oxnard website: https://www.oxnard.org/city-department/communitydevelopment/planning/environmental-documents/.

Evaluation and Response to Comments
In accordance with Article 6 of the CEQA Guidelines, the City of Oxnard, as the Lead Agency, was required to evaluate substantive environmental comments received on the Public Review Draft IS/MND. This Response to Comments document provides written responses to each comment received on the Public Review Draft IS/MND.
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1. Introduction
Riverpark Boulevard Electronic Billboard 1-3 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
Final IS/MND Approval
As the Lead Agency, the City of Oxnard is required to determine the adequacy of the Final IS/MND (Public Review Draft IS/MND and Response to Comments). The City can adopt the Final IS/MND if they find on the basis of the whole record before it (including the Public Review Draft IS/MND and Response to Comments) that there is no substantial evidence that the project will have a significant effect on the environment and that the Final IS/MND reflects the City’s independent judgment and analysis.

Notice of Determination
Pursuant to Section 15094 of the CEQA Guidelines, the City of Oxnard will file a Notice of Determination (NOD) with the Ventura County Clerk Recorder within five working days of project approval.
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Riverpark Boulevard Electronic Billboard 2-1 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
CHAPTER 2
Comment Letters
The Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND) for the Riverpark Boulevard Electronic Billboard was circulated for public review for 30 days (June 30, 2022 through July 29, 2022). The City of Oxnard received four comment letters from public agencies and an individual during the public review period, as listed in the table below. Each comment letter has been assigned an alphabetical designation (A through D). Each comment within each letter has been assigned a numerical designation so that each comment could be cross-referenced with an individual response. The comments and responses are provided in Chapter 3.

COMMENT LETTERS RECEIVED
Comment
No. Commenting Agency Date of Comment
A California Highway Patrol July 27, 2022
B Ventura County Air Pollution Control District July 26, 2022 C County of Ventura Resource Management Agency, Planning Division July 29, 2022 D Darron Baida July 15, 2022
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2. Comment Letters
Riverpark Boulevard Electronic Billboard 2-2 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
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Riverpark Boulevard Electronic Billboard 3-1 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
CHAPTER 3
Responses to Comments
Following are the comment letters and the written responses to each of the comments that were received during the public review period of the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND). In some instances, in response to the comment, the City of Oxnard has made additions or deletions to the text of the Public Review Draft IS/MND; additions are included as underlined text and deletions are shown as stricken text. 1275
7/29/22, 4:10 PM City of Oxnard Mail - RE: Environmental Impact Report (SCH # 2022060706) https://mail.google.com/mail/u/0/?ik=8839c2507f&view=pt&search=all&permthid=thread-f%3A1739536095546969252%7Cmsg-f%3A1739536095546… 1/2 Pearson II, Joe <[email protected]>
RE: Environmental Impact Report (SCH # 2022060706)
1 message
Primicerio, Jarod@CHP <[email protected]> Wed, Jul 27, 2022 at 12:41 PM To: "[email protected]" <[email protected]>
Cc: CHP-701_AA_Desk <[email protected]>, CHP-EIR <[email protected]>, "[email protected]" <[email protected]>
The California Highway Patrol’s (CHP) Ventura Area office received an Environmental Impact Report (SCH # 2022060706) for a proposed digital billboard adjacent to the US-101 Freeway, located within the City of Oxnard. The CHP Ventura Area was requested to evaluate the proposal; specifically, in regard to the potential impact it may have on departmental operations, public safety, increased calls to the communications center/dispatch, increased response times, and traffic congestion.

This proposed digital billboard, coupled with the two additional proposed digital billboards (SCH # 2022060700 and SCH # 2022060701), all adjacent to the US-101 Freeway within the City of Oxnard, will likely cause a drastic increase to traffic congestion already severely impacted in the region. There are currently two digital billboards adjacent to the US-101 Freeway within the City of Oxnard, thus adding three additional, there would be a total of five digital billboards within less than a four mile stretch along this portion of the Freeway. The magnitude of the project may place a greater strain on limited public safety resources with an expected increase in vehicular traffic on US-101. A potential delay of emergency response due to extended response times places the public at risk. The potential increase in traffic may cause an increase in motor services, crashes, and injuries to motorists. Consequently, these incidents will cause an increase in calls to the CHP Ventura Communications Center and dispatchers. The proposed area is currently experiencing significant growth with the construction of retail and residential properties. The digital sign(s) will exacerbate the traffic congestion and may create long-term detrimental impact to the residents, visitors, and first responders within the Ventura Area.

Should you have any questions, please contact Lieutenant Sergio Perez or myself at (805) 662- 2640.

Sincerely,
Jarod Primicerio
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

A-1
Comment Letter A
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Riverpark Boulevard Electronic Billboard 3-3 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study /Mitigated Negative Declaration
Comment Letter A: California Highway Patrol – July 27, 2022 Comment A-1
The comment asserts that the proposed Riverpark Boulevard Electronic Billboard along with the Ventura Road Electronic Billboard and potential additional electronic billboards implemented under the proposed Freeway Adjacent Digital Display Billboards Ordinance could cause a drastic increase in traffic congestion along U.S. 101 within the City of Oxnard. The comment further states that the increase in traffic volumes and congestion on U.S. 101 would result in a potential delay on emergency response and could result in an increase in motor services, crashes, and injuries.

Response to Comment A-1
The implementation of the proposed electronic billboard along Riverpark Boulevard as well as additional electronic billboards including the Ventura Road Electronic Billboard and electronic billboards implemented under the Freeway Adjacent Digital Display Billboards Ordinance would not result in a substantial amount of traffic. The proposed Riverpark Electronic Billboard would not generate any employment growth or population growth as discussed in Section 3.13 of the Public Review Draft IS/MND. The implementation of cumulative electronic billboards would not increase operational traffic volumes along U.S. 101. As discussed in Section 3.15 of the Public Review Draft IS/MND, construction activities would generate a nominal number of construction vehicular trips over an approximately two-week construction period.

The concerns raised in this comment do not appear to be a direct result of implementing electronic billboards, but may result from cumulative development throughout the City of Oxnard. Because the Project would not result in an increase in daily or weekly operational traffic volumes, the Project would not contribute to potential cumulative traffic volume increases along U.S. 101 that would contribute to increases in motor services, crashes, and injuries to motorists.

As discussed in Section 3.15 c) in the Public Review Draft IS/MND, the proposed billboard as well as future billboards implemented under the Freeway Adjacent Digital Display Billboards Ordinance would be required to comply with all applicable laws and regulations concerning brightness, including, without limitation, California Building and Professions Code Section 5403(g) and California Vehicle Code Section 21466.5. The billboard proposes to include different images, but each image will be displayed for at least eight seconds and the images would not move or present the appearance of motion and would not flash or blink or any other means that does not provide a constant illumination. These features associated with the proposed electronic billboard would not substantially increase hazards to drivers along U.S. 101, and less than significant impacts would occur. Furthermore, the Project will require an Outdoor Advertising Act Permit from the California Department of Transportation to ensure that the proposed electronic billboard does not represent a danger to motorists traveling along U.S. 101. 1277

VENTURA COUNTY

AIR POLLUTION CONTROL DISTRICT
Memorandum
TO: Joe Pearson II, Sr. Planner, City of Oxnard DATE: July 26, 2022 FROM: Nicole Collazo, Air Quality Specialist, Planning Division SUBJECT: Draft Mitigated Negative Declaration for the Riverpark Boulevard Electronic Billboard (RMA 22-019)
Air Pollution Control District (APCD) staff have reviewed the subject mitigated negative declaration (MND) of the Riverpark Boulevard Electronic Billboard project (project). The proposed project includes a request for approval of a Special Use Permit for the installation and operation of an LED electronic billboard. The electronic billboard would include a digital display of advertisements of various businesses, activities, services or products. The Lead Agency is the City of Oxnard. APCD submits the following comments for the project’s MND.

GENERAL COMMENTS
Air Quality Section
1) Item a, Page 18. VCOG is no longer responsible for developing the AQMP. This is language contained in our 2003 Ventura County Air Quality Assessment Guidelines and no longer applies.

The AQMP is developed by the APCD using SCAG’s population growth forecasts in its air quality modeling and forecasting. We recommend amending this section. We also note that our 2022 AQMP is currently in development and scheduled to be adopted at the end of 2022.

Thank you for the opportunity to comment on the project’s MND. If you have any questions, you may contact me at [email protected].

B-1
Comment Letter B
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Riverpark Boulevard Electronic Billboard 3-5 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study /Mitigated Negative Declaration
Comment Letter B: Ventura County Air Pollution Control District – July 26, 2022
Comment B-1
This comment states that the Ventura Council of Governments (VCOG) no longer responsible for developing the Ventura County Air Quality Management Plan (VCAQMP) but Ventura County APCD is responsible.

Response to Comment B-1
The City of Oxnard thanks the Ventura County Air Pollution Control District in clarifying that the VCOG no longer provides forecasted regional population, housing, and employment for the VCAQMP.

The fourth sentence of the first paragraph on page 18 of the Public Review Draft IS/MND is revised as follows:

VCAPCD and the Ventura Council Association of Governments (VCOG) are is responsible for preparing the air quality management plan (AQMP), which addresses federal and state Clean Air Act (CAA) requirements.

The second paragraph on page 18 of the Public Review Draft IS/MND is revised as follows:

The proposed Project is located within the Ventura County portion of the SCCAB, which is under the jurisdiction of the VCAPCD for air quality planning and control. As such, VCAPCD’s 2016 AQMP is the applicable air quality plan for the proposed Project.

Projects that are consistent with the regional population, housing, and employment forecasts identified by the VCAPCD VCOG are deemed consistent with the AQMP growth projections, since the forecast assumptions by VCAPCD VCOG forms the basis of the land use and transportation control portions of the AQMP. Additionally, because VCAPCD’s VCOG’s regional growth forecasts are based upon, among other things, land uses designated in general plans, a project that is consistent with the land use designated in a general plan would also be consistent with the VCAPCD’s VCOG’s regional forecast projections, and thus also with the AQMP growth projections. 1279
CommentLetterC
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C-1
(Cont)
C-2
C-3
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C-3
(Cont)
C-4
C-5
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C-6
C-7
C-8
C-9
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C-9
(Cont)
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C-9
(Cont)
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C-9
(Cont)
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C-9
(Cont)
C-10
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Riverpark Boulevard Electronic Billboard 3-16 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
Comment Letter C: County of Ventura Resources Management Agency, Planning Division – July 29, 2022
Comment C-1
This comment states that the Planning Division reviewed three separate Mitigated Negative Declaration (MNDs) related to the proposed Riverpark Electronic Billboard, potential additional electronic billboards implemented under the proposed Freeway Adjacent Digital Display Billboards Ordinance and Ventura Road Electronic Billboard. The comment specifically states that the proposed Riverpark Electronic Billboard would be located approximately 1,800 feet from an unincorporated zone for residential high-density development. The comment asserts that the proposed Project may have direct and cumulative impacts on existing development and sensitive habitat in the County’s jurisdiction.

Response to Comment C-1
The potential Riverpark Boulevard Electronic Billboard Project would increase impacts to residential areas in the immediate vicinity of the site; however, nominal impacts to residents located approximately 1,800 feet from the Project site would occur due to distance. As discussed in Section 3.18 b) in the Public Review Draft IS/MND, the proposed Riverpark Electronic Billboard could result in potential significant impacts related to biological resources, cultural resources, and noise on wildlife species prior to the implementation of mitigation measures. With the implementation of Mitigation Measures BIO-1, CR-1, and CR-2, the potential impacts associated with the Project would be reduced to less than significant. Given that the potential related electronic billboard projects would need to occur at least 2,000 feet from the Project site and the Project impacts to biological resources, cultural resources, and noise on wildlife species are site specific and would not combine with potential impacts associated with other electronic billboards implemented along U.S. 101, the Project’s contribution to cumulative impacts would be considered less than cumulatively considerable and less than significant.

Comment C-2
This comment asserts that evaluating the cumulative impacts of the three projects that are addressed within the three separate Public Review Draft IS/MNDs is difficult and recommends that the City consolidates its review into one environmental document.

Response to Comment C-2
The potential effects resulting from the Freeway Adjacent Digital Display Billboards Ordinance is evaluated at a Program-level and as each individual electronic billboard project is proposed, a project-level environmental evaluation will be required. The Riverpark Boulevard and Ventura Road Electronic Billboard Projects are evaluated at a Project-level, and specific impacts and applicable mitigation measures are provided in their respective Public Review Draft IS/MND. A discussion of cumulative impacts is provided for each Public Review Draft IS/MND in Section 1289

3. Responses to Comments
Riverpark Boulevard Electronic Billboard 3-17 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study /Mitigated Negative Declaration

3.18 b). The City thanks the County for their input, but will proceed with the separate IS/MNDs for the program and two specific projects.

Comment C-3
This comment states that an analysis of potential environmental impacts to unincorporated areas such as the El Rio/Del Norte and Nyeland Acres communities and sensitive biological resources adjacent to and in the vicinity of the proposed Project should be evaluated.

The comment also requests amendments to the draft Freeway Adjacent Digital Display Billboards Ordinance.

Response to Comment C-3
The Riverpark Boulevard Electronic Billboard Project is located approximately 1,000 feet from the El Rio/Del Norte community but located approximately two miles from the Nyeland Acres community. As discussed in Chapter 3 of the Public Review Draft IS/MND, the proposed Riverpark Electronic Billboard could result in potential significant impacts related to biological resources, cultural resources, and noise on wildlife species prior to the implementation of mitigation measures. With the implementation of Mitigation Measures BIO-1, CR-1, and CR-2, the potential impacts associated with the Project would be reduced to less than significant.

Additional potential impacts on residents and motorists such as views, light, glare, and noise from the implementation of the proposed Riverpark Boulevard Electronic Billboard could occur, but the impacts would be less than significant as discussed in Chapter 3 of the Public Review Draft IS/MND.

Given that the potential related billboard projects (i.e., Ventura Road Electronic Billboard and additional electronic billboards implemented as part of the Freeway Adjacent Digital Display Billboards Ordinance) would need to occur at least 2,000 feet from the Project site and the Project impacts to biological resources, cultural resources, and noise on wildlife species are site specific and would not combine with potential impacts associated with other electronic billboards implemented along U.S. 101, the Project’s contribution to cumulative impacts would be considered less than cumulatively considerable and less than significant.

Because the Project site is located approximately 1,000 feet from the El Rio/Del Norte unincorporated community, the request for amendments to the Ordinance is not applicable to the Riverpark Boulevard Electronic Billboard Project. The Project’s specific potential impacts are evaluated in the Public Review Draft IS/MND.

Comment C-4
This comment references the proposed Ordinance and requests setbacks. 1290

3. Responses to Comments
Riverpark Boulevard Electronic Billboard 3-18 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
Response to Comment C-4
Because this comment references the proposed Ordinance, it does not provide a specific comment on the Riverpark Boulevard Electronic Billboard Public Review Draft IS/MND.

Comment C-5
This comment references the proposed Ordinance and requests more specific information on maximum heights.

Response to Comment C-5
Because this comment references the proposed Ordinance, it does not provide a specific comment on the Riverpark Boulevard Electronic Billboard Public Review Draft IS/MND.

Comment C-6
This comment references the proposed Ordinance and requests more specific information on limiting the number of billboards.

Response to Comment C-6
Because this comment references the proposed Ordinance, it does not provide a specific comment on the Riverpark Boulevard Electronic Billboard Public Review Draft IS/MND.

Comment C-7
This comment asserts that the City should take into consideration how the ordinance and proposed billboards would affect disadvantage communities and how public benefits will be provided to affected disadvantage communities.

Response to Comment C-7
The El Rio/Del Norte and Nyeland Acres communities are within the jurisdiction of the County of Ventura. These communities are outside of the City of Oxnard. Potential impacts associated with the construction and operation of the Riverpark Boulevard Electronic Billboard Project would impact residents that are in close proximity to the Project site; however, less than significant impacts would occur to these residents as well as residents of the El Rio/Del Norte community. The Project would not impact the residents of the Nyeland Accres community because the Project site is located more than 3 miles to this unincorporated community.

Comment C-8
This comment asserts that all County and City applications for discretionary permits and all environmental documents for Projects should be sent to the Board of Supervisor’s Office for transmittal to the El Rio/Del Norte Municipal Advisory Council. 1291

3. Responses to Comments
Riverpark Boulevard Electronic Billboard 3-19 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study /Mitigated Negative Declaration
Response to Comment C-8
A Notice of Intent to Adopt a Mitigated Negative Declaration was mailed to the County of Ventura for distribution. Potential impacts associated with the construction and operation of the Riverpark Boulevard Electronic Billboard Project would not result in significant impacts to the residents of the El Rio/Del Norte community as discussed in Chapter 3 of the Public Review Draft IS/MND.

Comment C-9
This comment addresses evaluations of scenic resources and biological resources provided in the Freeway Adjacent Digital Display Billboards Ordinance Public Review Draft IS/MND.

Response to Comment C-9
This comment does not address contents within the Riverpark Boulevard Electronic Billboard Public Review Draft IS/MND. Therefore, no further response is required.

Comment C-10
This comment thanks the City for providing an opportunity to comment on the three Public Review Draft IS/MNDs for the proposed Ordinance and the electronic billboard projects. The County reiterated the request to provide the environmental documentation for the IS/MNDs into one environmental document.

Response to Comment C-10
As discussed in Response to Comment C-2, the potential effects resulting from the Freeway Adjacent Digital Display Billboards Ordinance is evaluated at a Program-level and as each individual electronic billboard project is proposed, a project-level environmental evaluation will be required. The Riverpark Boulevard and Ventura Road Electronic Billboard Projects are evaluated at a Project-level, and specific impacts and applicable mitigation measures are provided in their respective Public Review Draft IS/MND. The City thanks the County for their input, but will proceed with the separate IS/MNDs for the program and two specific projects. 1292
8/2/22, 11:27 AM City of Oxnard Mail - Re: Notice of Intent to Adopt MND - Riverpark Boulevard Electronic Billboard https://mail.google.com/mail/u/0/?ik=8839c2507f&view=pt&search=all&permthid=thread-a%3Ar-3259289993136514754%7Cmsg-f%3A173845651093… 1/1 Pearson II, Joe <[email protected]>
Re: Notice of Intent to Adopt MND - Riverpark Boulevard Electronic Billboard 1 message
Darron B <[email protected]> Fri, Jul 15, 2022 at 2:41 PM To: "Pearson II, Joe" <[email protected]>
Mr. Pearson,
Were there any additional hearings on the electronic billboards since December 2021? Being on the interest list and not hearing anything since then, I assumed the proposal was abandoned. Was a migratory bird study performed as they may be impacted by the new light pollution?
Are there any ways to stop the ordnance from being changed and these being built? It's an incredibly bad idea for Oxnard that I'm willing to go to bat for. I appreciate any suggestions you have.

Thank you.

Darron Baida
On Thu, Jun 30, 2022 at 8:37 AM Pearson II, Joe <[email protected]> wrote:

Hello,
Please see attached Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Riverpark Boulevard Electronic Billboard Project.

The public review period begins June 30, 2022, and ends July 29, 2022. All comments should be provided in writing and received before 5:00 p.m. on July 29, 2022. Inquiries should be directed to Joe Pearson, Principal Planner, at (805) 385-8272 or [email protected]. Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).

Best,
Joe Pearson II, AICP | Principal Planner
Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805-385-8272
[email protected]
www.oxnard.org
Online services are available through our online portal at www.oxnard.org/planning General inquiries should be sent via email to [email protected].

For new applications, email us at [email protected]. Large projects can be shipped with prior authorization. Smaller projects may be submitted via email.

For existing applications, contact your assigned Case Planner by direct email.

The Community Development service counter has reopened to the public from 8:00 a.m. to 4:00 p.m., Monday through Thursday and 9 a.m.-4 p.m. on alternating Fridays.

When visiting the Service Center, please follow masking protocols as established by the County of Ventura. Information regarding mask wearing guidelines can be found here: https://www. venturacountyrecovers.org/
D-1
Comment Letter D
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Comment Letter D: Darron Baida – July 15, 2022
Comment D-1
This comment asks if there were hearings on the proposed electronic billboard since December 2021. In addition, the comment asserts that the proposed Freeway Adjacent Digital Display Billboards Ordinance is a bad idea.

Response to Comment D-1
No public hearings have occurred on the Riverpark Boulevard Electronic Billboard Project. The public hearing to deliberate the approval of the Project will be noticed to the public in accordance with the City’s public hearing notice requirements. The comment regarding the Freeway Adjacent Digital Display Billboards Ordinance is an opinion and not a comment on the contents of the Public Review Draft IS/MND.
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Riverpark Boulevard Electronic Billboard 4-1 ESA / 202000387.01 Response to Comments on Public Review Draft October 2022 Initial Study / Mitigated Negative Declaration
CHAPTER 4
Errata
The following text changes are made to the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND) and incorporated as part of the Final Initial Study/Mitigated Negative Declaration (Final IS/MND). These changes are minor and do not alter the conclusions of the Public Review Draft IS/MND. Changes to the text are noted with underline (for added text) or strikeout (for deleted text).