Consistent with VCAPCD’s Guidelines, Mitigation Measures AQ-1 is and AQ-2 are required to reduce the project’s ROC and NOX emissions, respectively, from construction equipment.
AQ-1 ROC Construction Reduction Measures
Per VCAPCD recommendation, during project construction, the project applicant shall use architectural coatings with ROC contents of 25 g/L or less.
AQ-21 NOX Construction Reduction Measures
Per VCAPCD recommendation, when because project construction emissions would exceed 25 pounds per day for NOX, the following measures shall be implemented:
Significance After Mitigation
Implementation of Mitigation Measures AQ-1 and AQ-2 would reduce maximum daily ROC and NOX emissions.
Response 1.4
The commenter concurs with the inclusion of mitigation to require Tier 3 diesel engines for all offroad construction equipment.
This comment is noted, and no changes to the IS-MND are required.
Response 1.5
The commenter suggests using the average daily trip (ADT) rate from the project-specific traffic study rather than the CalEEMod default trip generation rate. The commenter recommends replacing the default CalEEMod ADT input of 403 ADT with the daily ADT indicated in the Traffic Study of 567 trips 5 834
City of Oxnard
2420 Oxnard Boulevard U-Haul Project Responses to Comments on the Draft IS-MND per day. The commenter also recommends separating trips by land use category and considering operational days (Mon-Fri, Sat, Sun) when making corrections.
In response to the comment, the CalEEMod trip rates were updated to reflect the trip data contained in the project-specific Traffic Study. The Traffic Study provided daily ADT for weekdays (Mon-Fri), but not for weekends. Therefore, daily ADT for weekdays was also applied to weekends. This represents a conservative analysis because the proposed commercial land use typically generates more trips on weekdays than weekends.
Table 2 , Operational Emissions in Section 3, Air Quality, on page 24 of the Draft IS-MND has been revised as follows:
Table 2 Operational Emissions (pounds/day)
Pollutant Total Emissions Significance Threshold Significant Impact? ROC 6.26.3 25 No
NOx 1.72.3 25 No
CO 11.916.2 N/A N/A
SO2 <0.1 N/A N/A
PM10 2.53.3 N/A N/A
PM2.5 0.70.9 N/A N/A
Notes: See Appendix A for CalEEMod worksheets. Emission data is pulled from “mitigated” results from the winter season CalEEMod output, which account for compliance with regulations and project design features.
The preceding discussion on page 24 of the Draft IS-MND has been revised as follows:
CalEEMod provides default trip generation rates, which Trip generation rates from the project-specific Traffic Impact Analysis (raSmith 2021) were used to estimate mobile source emissions.
Additionally, revisions have been made to Section 5, Climate Change and Greenhouse Gases, and Section 7, Energy. In Section 5 on pages 38 and 39 of the Draft IS-MND, Table 3 and the preceding discussion have been revised to reflect the updated emissions estimates as follows:
As shown in Table 6, the increase in annual emissions from both construction and operation of the proposed project would total approximately 8761,024 MT of CO2e.
Table 3 Combined Annual Emissions of Greenhouse Gases
Emission Source Annual Emissions (CO2e in metric tons)
Construction 17
Operational
Area <1
Energy 206207
Solid Waste 9798
Mobile 378526
Water 176
Total Operational 8591,007
6 835
City of Oxnard
2420 Oxnard Boulevard U-Haul Project Responses to Comments on the Draft IS-MND Combined Annual GHG Emissions 8761,024
See Appendix A for CalEEMod worksheets. Some number may not add up due to rounding.
In Section 7 on page 47 of the Draft IS-MND, Table 4 and the preceding discussion have been revised to reflect the updated emissions estimates as follows:
According to the CalEEMod calculations, the project would result in 1,119,0181,553,454 annual VMT resulting from the 403567 average daily trips during the week generated by the project during operation (Appendix A). Table 4 shows the estimated total annual fuel consumption of the project using the estimated trip generation and VMT with the assumed vehicle fleet mix (Appendix A). One gallon of gasoline is equivalent to approximately 109,786 Btu (CARB 2015), while one gallon of diesel is equivalent to approximately 127,460 Btu (Schremp 2017).
As shown in Table 4, the project would consume approximately 57,96780,473 gallons of fuel, or 6,5169,046 MMBtu, each year for transportation uses from project operation.
Table 4 Estimated Project Annual Transportation Energy Consumption Land Use1
Percent of
Vehicle
Trips2
Annual Vehicle Miles
Traveled3
Average Fuel
Economy
(miles/gallon)
4 Total Annual Fuel
Consumption
(gallons)
Total Fuel
Consumption
(MMBtu)6
Passenger Cars 60.5 676,793939,545 24.1 28,08338,985 3,0834,280 Light/Medium
Trucks
33.2 371,364515,539 17.6 21,10029,292 2,3163,215
Heavy
Trucks/Other
5.8 64,86190,041 7.5 8,64812,006 1,1021,530
Motorcycles 0.5 6,0018,331 44.05 136189 1521
Total 100.0 1,119,0181,553,454 – 57,96780,473 6,5169,046 1 Vehicle classes provided in CalEEMod do not correspond exactly to vehicle classes in DOT fuel consumption data, except for motorcycles. Therefore, it was assumed that passenger cars correspond to the light-duty, short-base vehicle class, light/medium trucks correspond to the light-duty long-base vehicle class, and heavy trucks/other correspond to the single unit, 2-axle 6-tire or more class. 2 Percent of vehicle trips from Table 4.4 “Fleet Mix” CalEEMod output (see Appendix A). 3 Mitigated annual VMT found in Table 4.2 “Trip Summary Information” in CalEEMod output (see Appendix A). 4,5 National Transportation Statistics: United States Department of Transportation, Bureau of Transportation Statistics, 2021. 6 CaRFG fuel specification of 109,786 Btu/gallon used to identify conversion rate for fuel energy consumption for vehicle classes specified above (see Energy Unit Conversion Sheet in Appendix B).
Notes: Totals may not add up due to rounding.
These revisions do not alter the conclusions of the IS-MND that operation of the proposed project would have a less than significant impact in the Greenhouse Gas and Energy impact areas. 7 836
Appendix F
Mitigation Monitoring and Reporting Program
837
City of Oxnard
2420 Oxnard Boulevard U-Haul Project Mitigation Monitoring and Reporting Program Final Initial Study – Mitigated Negative Declaration 1
Mitigation Monitoring and Reporting Program
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Final Initial Study – Mitigated Negative Declaration (Final IS-MND), specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight. 838
Mitigation Monitoring and Reporting Program
2 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Air Quality
MM-AQ-1- ROC Construction Reduction
Measures
Per VCAPCD recommendation, during project
construction, the project applicant shall use
architectural coatings with ROC contents of 25
g/L or less.
During plan check, confirm that architectural
coatings consistent with VCAPCD
recommendations as described in this
mitigation measure are specified on the
project plans for use during construction of
the proposed project.
Prior to granting building
permits
Once City of
Oxnard
Planning
Division
MM-AQ-2: NOX Construction Reduction
Measures
Per VCAPCD Guidelines, because project
construction emissions would exceed 25
pounds per day for NOX, the following
measures shall be implemented:
▪ Minimize equipment idling time.
▪ Maintain equipment engines in good
condition and in proper tune as per
manufacturers’ specifications.
▪ Lengthen the construction period during
smog season (May through October) to
minimize the number of vehicles and
equipment operating at the same time.
▪ Use alternatively fueled construction
equipment, such as compressed natural gas,
liquefied natural gas, or electric, if feasible.
▪ In addition, per recent VCAPCD guidance on
other projects, project construction shall
use Tier 3 or above construction equipment
for all off-road diesel equipment that has
greater than 50 horsepower. A copy of each
unit’s certified tier specification shall be
provided at the time of mobilization of each
applicable unit of equipment.
Confirm that the actions required under this
mitigation measure are implemented for the
proposed Project.
At beginning of and during
construction
Once at
beginning of,
and
periodically
during,
construction
City of
Oxnard
Planning
Division
839
Mitigation Monitoring and Reporting Program
Final Initial Study – Mitigated Negative Declaration 3
Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
Biological Resources
MM-BIO-1 Nesting Bird Surveys
Nesting bird surveys shall be conducted by a
qualified biologist prior to any construction
activities during bird breeding season from
February 1 through August 31. If no nesting
birds are detected during these surveys, then
construction-related activities may proceed.
Active nests in and adjacent to the
construction zone shall be avoided and
provided a minimum buffer as determined
by the qualified biologist (CDFW
recommends a 300-foot-wide nest avoidance
buffer or 500 feet for all active raptor nests)
prior to the commencement of construction.
Construction activities within the buffer must
be conducted at the discretion of the
qualified biologist.
Confirm that the actions required under this
mitigation measure are implemented for the
proposed project if construction will take
place during bird breeding season.
Prior to construction
activities carried out from
February 1 through August
31 Periodically City of
Oxnard
Planning
Division
Cultural Resources
MM-CR-1 Unanticipated Archaeological
or Paleontological Discoveries
Prior to the issuance of a grading permit, the
developer shall note on the plans for review
and approval by the City Engineer that if
historic, cultural or paleontological resources
are encountered during site grading or other
site work, all such work shall be halted
immediately within 50 feet of discovery and the
developer shall immediately notify the Planning
Division of the discovery. In such case, the
developer shall be required, at its own expense,
to retain the services of a qualified
archaeologist (or paleontologist, if it is a fossil
discovery) for the purpose of recording,
protecting, or curating the discovery as
appropriate. The archaeologist or paleontologist
shall be required to submit to the Planning
Division, for review and approval, a report of
the findings and method of curation or
Confirm that the actions required under
this mitigation measure are implemented
for the proposed project.
Prior to issuance of
grading permits.
Once City of
Oxnard
Planning
Division
840
Mitigation Monitoring and Reporting Program
4 Mitigation Measure/
Condition of Approval Action Required Monitoring Timing Monitoring
Frequency
Responsible
Agency
Compliance Verification
Initial Date Comments
protection of the resources. Further grading or
site work within 50 feet of discovery shall not
be allowed until the preceding work has
occurred.
841
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION 22-04 TO ALLOW FOR THE RENOVATION AND CONVERSION OF AN EXISTING 152,542 SQUARE FOOT WAREHOUSE INTO A THREE STORY (35 FEET IN HEIGHT), 202,741 SQUARE FEET OF
MINI-WAREHOUSE/SELF-STORAGE SPACE, INCLUDING A U-BOX
STORAGE WAREHOUSE OF 34,537 SQUARE FEET AND 3,050 SQUARE
FEET OF RETAIL SPACE, PERIMETER WALLS, LANDSCAPING AND
ASSOCIATED SITE IMPROVEMENTS ON AN 8.86-ACRE SITE LOCATED AT 2420 N. OXNARD BOULEVARD (APNs: 142-0-010-345, AND 142-0-021-010).
FILED BY FIROZ BARI, 15838 STRATHERN STREET, VAN NUYS,
CALIFORNIA 91406, THE APPLICANT.
WHEREAS, Firoz Bari filed entitlement applications with the City of Oxnard on August 21, 2017, Special Use Permit (PZ 17-500-11); and WHEREAS, if the aforementioned entitlement applications are collectively approved by the City of Oxnard, the project would be permitted to renovate a 8.86 acre project site with an adaptive reuse and conversion of an existing one-story (34 feet in height) 152,542 square foot warehouse into a three story (no change in height), 202,741 square-foot mini-warehouse/self-storage space, including a U-Box storage warehouse of 34,537 square feet and 3,050 square feet of retail space, 46 covered recreational vehicle (RV) parking storage spaces, security gates and perimeter walls, landscaping and associated site improvements at the subject project site (APNs: 142-0-010-345 and 142-0-021-010) (“Project”); and
WHEREAS, the City is the lead agency for purposes of the project pursuant to Public Resources Code section 21067; and
WHEREAS, the City determined that the Project and its associated actions are subject to the environmental review requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental 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 Proposed Mitigated Negative Declaration (IS-MND) for the Project located at 2420 N. Oxnard Boulevard was published and posted on August 18, 2022, at the State Office of Planning and 842
Resolution No. ______
Special Use Permit (PZ 17-500-11)
City Council Hearing Date: April 13, 2023
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 IS/MND ran for twenty-one (21) days commencing on August 18, 2022 and ending on September 6, 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, the IS-MND was not legally challenged and thus is presumed valid in accordance with Public Resources Code section 21167.2 and section 15367 of the State CEQA Guidelines (Cal. Code Regs., Title. 14, § 15000 et seq.); and WHEREAS, the Development Advisory Committee (DAC) reviewed the plans on February 3, 2021, June 9, 2021 and October 6, 2021 and provided conditions of approval for the project; and
WHEREAS, on November 17, 2022, the Planning Commission conducted a duly noticed public hearing to consider adopting the MND 22-04 and continued the hearing to a future hearing date to allow for the project applicant to provide updated project information; and
WHEREAS, on January 5, 2023, the Planning Commission continued the project to allow for staff to prepare a final resolution to consider adopting the MND 22-04; and WHEREAS, on February 2, 2023, the Planning Commission voted to recommend that the City Council adopt IS/MND 22-04 and the associated Mitigation Monitoring Reporting Program (MMRP) ; and
WHEREAS, on April 13, 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 22-04; 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 22-04; and WHEREAS, the comments of the Councilmembers, agencies, interested groups, and members of the public have received adequate responses; and WHEREAS, the Applicant agrees as a condition of this Resolution 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 Resolution or any actions or proceedings, acts or determinations taken, done or made before the approval of this Resolution that were part of the approval process.
843
Resolution No. ______
Special Use Permit (PZ 17-500-11)
City Council Hearing Date: April 13, 2023
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 Initial Study/Mitigated Negative Declaration prior to making a determination 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 IS/MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 22-04 prepared for the Project.
The Final IS/MND 22-04 is an accurate and complete statement of the potential environmental impacts of the project. The Final IS/MND 22-04 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 22-04, 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 22-04 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.
844
Resolution No. ______
Special Use Permit (PZ 17-500-11)
City Council Hearing Date: April 13, 2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oxnard hereby adopts an Final IS/MND 22-04, attached to the staff report and incorporated by reference.
PASSED AND ADOPTED this 13th day of April, 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
845
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING PLANNING AND ZONING PERMIT NO. 17-500-11 (SPECIAL
USE PERMIT) TO ALLOW FOR THE RENOVATION AND CONVERSION
OF AN EXISTING 152,542 SQUARE FOOT WAREHOUSE INTO A THREE STORY (35 FEET IN HEIGHT), 202,741 SQUARE FEET OF
MINI-WAREHOUSE/SELF-STORAGE SPACE, INCLUDING A U-BOX
STORAGE WAREHOUSE OF 34,537 SQUARE FEET AND 3,050 SQUARE
FEET OF RETAIL SPACE, PERIMETER WALLS, LANDSCAPING AND
ASSOCIATED SITE IMPROVEMENTS ON AN 8.86-ACRE SITE LOCATED AT 2420 N. OXNARD BOULEVARD (APNS: 142-0-010-345 AND
142-0-021-010). FILED BY DAVID RANDI, 2420 N OXNARD BLVD, OXNARD, CA 93036, THE APPLICANT.
WHEREAS, on August 21, 2017, Firoz Bari (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 17–500-011 (Special Use Permit) to renovate a 8.86 acre project site with an adaptive reuse and conversion of an existing one-story (34 feet in height) 152,542 square foot warehouse into a three story (no change in height), 202,741 square-foot mini-warehouse/self-storage space, including a U-Box storage warehouse of 34,537 square feet and 3,050 square feet of retail space, 46 covered recreational vehicle (RV) parking storage spaces, security gates and perimeter walls, landscaping and associated site improvements at the subject project site (APNs: 142-0-010-345 and 142-0-021-010) (“Project”); and
WHEREAS, on November 17, 2022, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the proposed Project, in accordance with Sections 16-536 and 16-135(B) of the Oxnard City Code (OCC) and continued the project to a future hearing date to allow for the project applicant to provide updated project information; and WHEREAS, on January 5, 2023, the Planning Commission of the City of Oxnard received and reviewed all updated written and oral evidence related to the proposed Project, in accordance with Sections 16-536 and 16-135(B) of the Oxnard City Code (OCC) and continued the project to allow for staff to prepare final resolutions for Planning Commission recommended approval; and
WHEREAS, on February 2, 2023, the Planning Commission of the City of Oxnard voted 5-1-1, to adopt Resolution No. 2023-04 to recommending City Council approve the project; and WHEREAS, section 16-135(B) of the OCC authorize the City Council to approve uses not currently listed in the C-2 zone, including mini-warehouse/self-storage, warehouse, truck rentals, and recreational vehicle storage; and
846
City Council Resolution No. _________
PZ 17-500-11; U-Haul Project
April 13, 2023
WHEREAS, on April 13, 2023, the City Council conducted a duly noticed public hearing to consider the Planning and Zoning Permit No. 17-500-11 (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 16-135(B) of the OCC; and WHEREAS, the City of Oxnard as the Lead Agency, has prepared Final IS/MND 22-03 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, Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental 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 (22-04) with mitigation measures and monitoring program in accordance with the provisions of CEQA which have been incorporated as conditions; 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 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 work, visit or live in this development in particular.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD APPROVES PLANNING AND ZONING PERMIT NO. 17-500-11 (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 finds the proposed uses consistent with the intent and purpose of the Commercial General Land Use Designation and the General Commercial Zoning Designation. 847
City Council Resolution No. _________
PZ 17-500-11; U-Haul Project
April 13, 2023
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 Staff Report and all attachments thereto, the City Council finds:
1. The proposed use is in conformance with the General Plan and other adopted policies of the City of Oxnard.
As described in the Staff Report, the existing underutilized warehouse/showroom (2420 N. Oxnard Boulevard) would be renovated and converted into a mini-warehouse/personal storage facility. The Project has a zoning designation of General Commercial, Planned Development (C-2-PD) which is consistent with the 2030 General Plan land use designation of Commercial General. As discussed in detail in the November 17, 2022 Planning Commission Staff Report Sections 6) b, c, d, e, f, 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 “Commercial General” and the “General Commercial, Planned Development” zoning district, the proposed use of the project site as a mini-warehouse/self-storage, warehouse, truck rentals, and recreational vehicle storage are uses authorized by City Council, subject to a Special Use Permit. The surrounding uses are characterized by commercial uses, which are predominantly grocery and retail, auto repair and residential neighborhood uses. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building, Fire, and Traffic Codes as well additional conditions listed below and, in the Final IS/MND Mitigation Monitoring Reporting Program (MMRP). 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 848
City Council Resolution No. _________
PZ 17-500-11; U-Haul Project
April 13, 2023
development standards of the General Commercial (C-2) zone as described above in Section 4(1). Pursuant to the Zoning Code, the Project in a renovation and conversion of an existing warehouse and showroom has been designed to be consistent with the maximum building height, front, side and rear setbacks, and lot coverage. As detailed in the Staff report and attached parking study demand, the provided parking is sufficient for the proposed uses, and thus the site is sufficient to accommodate the required parking. As such, the subject site is adequate in terms of size and as developed the development meets or exceeds City’s design standards.
Additionally, the project has been reviewed by the Development Advisory Committee and was determined that it would have no significant impact on the public health, safety, or welfare and the project plans have been reviewed by all applicable departments and outside agencies, which include the Oxnard Police and Fire Departments. As such, this project meets this finding.
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 existing development on the project site includes an events center building. The project site has two access points from Oxnard Boulevard via an existing driveway at the south end of the site and a proposed driveway towards the north end of the site. In addition to the improved onsite circulation, the Project has been conditioned to install a Gold Coast Transit bus stop adjacent to the slip/merge to the north of the driveway. The stop shall have a minimum of 30 feet of standard width sidewalk with an additional 8’ x 30’ pad to the north of the driveway. The City finds that the proposed project, as conditioned, and in the context of the documentation provided and reviewed demonstrate that there is sufficient parking capacity. Additionally, a new traffic signal is required to be installed at the intersection of Orchard Place and North Oxnard Boulevard. Therefore, the site has sufficient access to streets and highways that are adequate in size and existing intersections adjacent to the project site will operate at acceptable levels of service.
5. The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.
As described in the Staff Report, the existing underutilized warehouse/showroom (2420 N. Oxnard Boulevard) would be renovated and converted into a mini-warehouse/personal storage facility. The proposed Project improvements have been found to be consistent with anticipated development for this site. Furthermore, the Project will be served by existing City of Oxnard water and sewer mains and adequate Fire Protection will be provided as determined by the Development Advisory Committee. In accordance with the Stormwater Quality Conditions of this Resolution, the Project’s design will comply with stormwater control measures as 849
City Council Resolution No. _________
PZ 17-500-11; U-Haul Project
April 13, 2023
required by the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit. The Project is consistent with the level of development identified under the General Plan and Oxnard City Code, and therefore are within the anticipated level of development. The project is not anticipated to result in any significant impacts to utilities and public services.
Therefore, the site for the proposed use will be provided with adequate sewage, water, fire protection and storm drainage facilities.
SECTION 4. 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 22-04, all potentially significant impacts associated with the proposed project would be reduced to less than significant levels.
SECTION 5. Based on the findings set forth herein and the Staff Report and all attachments thereto, the City Council hereby approves Planning and Zoning Permit No. 17-500-11 (Special Use Permit), subject to the attached conditions of approval.
SECTION 6. The decision of the City Council shall be final.
SECTION 7. The City Clerk shall certify the adoption of this Resolution. [Remainder of this page left intentionally blank.]
850
City Council Resolution No. _________
PZ 17-500-11; U-Haul Project
April 13, 2023
CONDITIONS OF APPROVAL
Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).
DEPARTMENTS AND DIVISIONS
CA City Attorney PL Planning
DS Dev Services/Eng Dev/Inspectors TR Traffic
PD Police B Building Plan Checker
SC Source Control FD Fire
PK Landscape Design CE Code Enforcement
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another. (PL, G-1).
2. This permit is granted for the plans dated April 13, 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 City Council. A Minor Modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A Major Modification shall be required for substantial changes or increases in such items (PL, G-2).
3. This permit shall automatically become null and void 24 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by 851
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the issuance of a grading, foundation, or building permit and the construction of substantial improvements. (PL, G-3)
4. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows the Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)
5. By commencing any activity related to the Project or using any structure authorized by this permit, Applicant accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein (CA, G-5).
6. Applicant agrees, as a condition of adoption of this resolution, at Applicant’s own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process (CA, G-6).
7. Any covenants, conditions, and restrictions (CC&Rs) applicable to the Project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail (CA, G-7).
8. Applicant shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder.
Before the City issues building permits, Applicant shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager (PL, G-8).
9. Developer shall provide off-street parking for the project as detailed in the Parking Study Demand (dated January 19, 2022), including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9).
10. Before placing or constructing any signs on the Project property, Applicant shall obtain a sign permit from the City. Except as provided in the sign permit, Applicant may not change any signs on the Project property (PL/B, G-10).
11. Developer shall obtain a building permit for any new construction or modifications to structures, including interior modifications, authorized by this permit. (B, G-11)
12. Developer shall not permit any combustible refuse or other flammable materials to be burned on the project property. (FD, G-12)
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13. Developer shall not permit any materials classified as flammable, combustible, radioactive, carcinogenic or otherwise potentially hazardous to human health to be handled, stored or used on the project property, except as provided in a permit issued by the Fire Chief. (FD, G-13)
14. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)
15. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).
LANDSCAPE STANDARD CONDITIONS
16. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1)
17. Prior to issuance of building permits or the proposed use is initiated, whichever comes first, Developer shall submit two copies of landscape and irrigation plans, along with the appropriate permit application and fees, to the Development Services Division and obtain approval of such plans. (PK/DS, PK-2)
18. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic irrigation systems that have been approved by Parks and Facilities Superintendent. (PK, PK-3)
19. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensue compliance (PK, PK-4)
20. Prior to the issuance of City issues a certificate of occupancy, Developer shall provide a watering schedule to the building owner or manager and to Planning Division or designee. The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (PK, PK-5)
21. All trees planted or placed on the property by Developer shall be at least 24-inch-box size. All shrubs and vines shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6)
22. At the time of landscape plan check submittal, the landscape planting and irrigation plans shall comply with the current title 23 Model Water Efficient Landscape Ordinance (MWELO). (PK, PK-7.1)
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23. Developer shall install an irrigation system that includes a water sensor shut off device as a water conservation measure. (PK, PK-22)
24. At time of submittal to the Building and Engineering Division for plan check, Developer’s Landscape Architect or Architect shall provide the City with written confirmation that they have reviewed the civil engineering construction drawings and that the NPDES requirements are not in conflict with meeting the City’s landscape requirements. (PK, PK-23)
25. Developer shall include a note on the Landscape Plans submitted to the Building and Engineering Division for a building permit that “all landscaping and irrigation comply with Ordinance No. 2822, which adopted the City of Oxnard Landscape Water Conservation Standards, and applicable water conservation requirements of the State of California”. (PK, PK-24)
26. At the time of Plan Check submittal, the landscape plans shall contain an exhibit titled “Tree Tabulation Chart”. The Tree Tabulation Chart shall contain a listing of all existing trees on site and shall refer to them by number as identified in the Arborist’s Tree Report.
The Tree Tabulation Chart shall clearly list all trees to remain, be removed or transplanted. The Chart shall contain the Arborist’s economic appraisal value of each tree(s) removed as well as computations and calculations showing how the value of the removed tree(s) was put back into new tree sizes for the project that are in addition to meeting the City’s minimum tree size of 24” box. Where the value of the trees cannot be accommodated onsite, as determined by the City, the City may approve an alternative method for replacing the value of the removed trees. (PK)
LANDSCAPE SPECIAL CONDITIONS
27. Site perimeter fencing shall be bordered on both the interior and exterior sides with defensive landscaping. Defensive landscape elements adjacent to fencing shall be maintained in an uninterrupted hedge shape with a minimum height of 18-inches and a maximum height of 36-inches throughout the life of the project.
28. Landscape plan shall be revised to incorporate the installation and maintenance of landscaping in the adjacent parkway between the northern driveway and the northern edge of the property. Final landscape plan shall be subject to approval by the Public Works and Community Development Departments.
29. Landscaping shall be maintained in conformance with approved project plans for the life of the project.
PLANNING DIVISION SPECIAL CONDITIONS
30. Prior to issuance if building permits, the Developer shall use architectural coatings with ROC contents of 25 g/L or less. (MND, AQ-1)
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31. Per VCAPCD Guidelines, because project construction emissions would exceed 25 pounds per day for NOX, the following measures shall be implemented:
a. Minimize equipment idling time.
b. Maintain equipment engines in good condition and in proper tune as per manufacturers’ specifications.
c. Lengthen the construction period during smog season (May through October) to minimize the number of vehicles and equipment operating at the same time. d. Use alternatively fueled construction equipment, such as compressed natural gas, liquefied natural gas, or electric, if feasible.
e. In addition, per recent VCAPCD guidance on other projects, project construction shall use Tier 3 or above construction equipment for all off-road diesel equipment that has greater than 50 horsepower. A copy of each unit’s certified tier specification shall be provided at the time of mobilization of each applicable unit of equipment. (MND AQ-2)
32. Prior to construction activities carried out from February 1 to August 31, Nesting bird surveys shall be conducted by a qualified biologist prior to any construction activities during bird breeding season from February 1 through August 31. If no nesting birds are detected during these surveys, then construction-related activities may proceed. Active nests in and adjacent to the construction zone shall be avoided and provided a minimum buffer as determined by the qualified biologist (CDFW recommends a 300-foot-wide nest avoidance buffer or 500 feet for all active raptor nests) prior to the commencement of construction. Construction activities within the buffer must be conducted at the discretion of the qualified biologist. (MND BIO-1)
33. Prior to issuance of grading permits, the Developer shall note on the plans for review and approval by the City Engineer that if historic, cultural or paleontological resources are encountered during site grading or other site work, all such work shall be halted immediately within 50 feet of discovery and the developer shall immediately notify the Planning Division of the discovery. In such case, the developer shall be required, at its own expense, to retain the services of a qualified archaeologist (or paleontologist, if it is a fossil discovery) for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist or paleontologist shall be required to submit to the Planning Division, for review and approval, a report of the findings and method of curation or protection of the resources. Further grading or site work within 50 feet of discovery shall not be allowed until the preceding work has occurred. (MND-CR-1)
34. Developer shall remove any and all graffiti from the project premises within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the underlying colors and/or design, and shall not look like a paint patch.
35. Before the City issues building permits, Developer shall provide a Graffiti Deterrent Plan, subject to the approval of the Planning Manager. Such plan shall include such elements 855
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as clear film on windows and/or mirrors, as well as washable paint and sealers on the building and perimeter walls. (PL)
36. Applicant shall screen, to the satisfaction of the Planning Manager, any HVAC equipment visible from the public right-of-way. Screening plants shall be consistent with other species on the property and a minimum size of five gallons. (PL)
37. Prior to building permit issuance, the developer shall provide a public improvement plan which identifies, and includes, city fiber optic network infrastructure. This connection shall be established by installing fiber optic conduit to the project's frontage according to city specifications. The fiber optic network infrastructure must be included in the project's master utility plans and installed prior to the granting of a certificate of occupancy.
38. Developer shall repair and/or replace any existing broken or damaged sidewalk, curb gutter or asphalt paving adjacent to property due to the construction of the Project, as directed by the City Inspector. (DS)
39. Prior to issuance of demolition permits for any structure on the site, Developer shall provide evidence of notifying the Air Pollution Control District of such demolition.
Demolition and/or renovation activities shall be conducted in compliance with APCD regularities regarding Asbestos (Rule 63.7).
40. During construction, Developer shall post and maintain onsite signs, in highly visible areas, restricting all vehicular traffic to 15 miles per hour or less.
41. 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.
42. Prior to grading permit approval, Developer shall include on the grading plans a reproduction of all conditions of this permit pertaining to dust control requirements. (PL)
43. In the event that any historic or prehistoric cultural resources are discovered, work in the vicinity of the find shall be halted immediately. A City approved archeologist shall be retained to evaluate the discovery and determine the necessary mitigations for successful compliance with all applicable regulations. Developer or its successor in interest shall be responsible for paying all salaries, fees and the cost of any future mitigation resulting from the survey.
44. Developers or Operators shall not park, store, or stage rental trucks or trailers outside of designated “Equipment Staging Area” or “Dispatch Vehicle Parking” area as identified on the project plans.
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45. A solar photovoltaic (PV) system shall be installed, which complies with the California Energy Code and and shall have a total area no less than 15 percent of the total roof area of the building, including any canopy areas, and covered RV parking area, subject to compliance with Southern California Edison Requirements. California Edison, as the local electric service provider, shall be consulted to ensure that PV system sizing will comply with the Energy Design Rating (EDR) targets.
46. Approval of Phase I of the Project shall expire in accordance with Condition Number 3 above. Approval of subsequent phases of the Project shall expire at the same time as Phase I or one year from the date of issuance of the Building Permit for the prior phase, whichever occurs later, unless prior to the expiration date, substantial physical construction has been completed on the subsequent phase of development or a time extension has been applied for by the Developer. The review authority with jurisdiction over the project may, upon good cause shown, approve a one time extension in compliance with City rules and regulations.
PLANNING DIVISION STANDARD CONDITIONS
47. Plans submitted by Developer with building permit applications shall show on the building elevation sheets all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (such as:
stucco with sand finish, plaster with smooth finish) to be used in construction. (PL/B, PL-1)
48. 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)
49. Before the City issues building permits, Developer shall include a reproduction of all conditions of this permit as adopted by Resolution of the Community Development Director in all sets of construction documents and specifications for the project. (PL, PL-3)
50. Before the City issues building permits, Developer shall provide to the Planning Manager color photographic reductions (8 1/2” by 11”) of full-size colored elevations and any other colored exhibit approved by the Community Development Director. Developer may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)
51. Developer acknowledges that because of population limitations placed on the City by the Air Quality Management Program, approval of this permit does not guarantee that the City will issue building permits. The City’s issuance of building permits may be delayed as a result of implementation of an air quality plan. (PL, PL-5)
52. Developer may not modify any use approved by this permit unless the Planning Division Manager determines that Developer has provided the parking required by the City Code 857
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for the modified use. (PL, PL-7)
53. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. Developer shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street.
Developer shall submit a lighting plan showing standard heights and light materials for design review and approval of the Planning Division Manager. (PL/B, PL-8)
54. In order to minimize light and glare on the project property, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9)
55. 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).
56. During construction, Developer shall water the area to be graded or excavated prior to commencement of grading or excavation operations. Such application of water shall be at least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (B/DS, PL-11)
57. During construction, Developer shall control dust by the following activities:
a. All trucks hauling graded or excavated material offsite shall be required to cover their loads as required by California Vehicle Code section 23114, with special attention to sub sections 23114(b)(2)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. b. All graded and excavated material, exposed soils areas, and active portions of the construction site, including unpaved onsite roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. (B/DS, PL-12)
58. Developer shall provide for dust control at all times during project property preparation and construction activities. (B/DS, PL-13)
59. Developer agrees to participate in a water conservation program that includes refitting water fixtures existing on the project property with water conserving devices within residences or businesses in the City’s water service area, if such a program is in effect when building permits are issued for this project. Among the requirements of such a program might be refitting existing toilets, faucets, shower heads, landscaping irrigation or other fixtures and items that consume water within the structure. (PL, PL-14) 858
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60. Because of water limitations placed upon the City by its water providers, approval of this permit does not guarantee that the City will issue building permits. Issuance of building permits may be delayed as a result of implementation of a water conservation or allocation plan. (PL, PL-15)
61. 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).
62. Developer shall recess or screen roof heating and cooling systems and other exterior mechanical equipment from adjoining property and public streets, as required by this permit. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B, PL-41)
63. Developer shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PL, PL-42)
64. For any exterior utility meter panels, Developer shall paint such panels to match the structure upon which it is located. Such panels shall be located to take advantage of screening (e.g. landscaping or other building elements) from public right-of-ways, to the maximum extent feasible. (PL, PL-43)
65. Developer shall stripe loading zones placed partly or wholly within a structure for loading and unloading activities only and post to prohibit storage or other non-loading activity within the loading zone. (PL/B, PL-49)
GOLD COAST TRANSIT CONDITIONS
66. Developer shall install a Gold Coast Transit bus stop adjacent to the slip/merge to the north of the driveway, unless waived by the City Traffic Engineer. The stop shall have a minimum of 30 feet of standard width sidewalk with an additional 8’ x 30’ pad to the north of the driveway. The final design is subject to the review and approval of the City Traffic Engineer in coordination with the Gold Coast Transit District.
POLICE DEPARTMENT CONDITIONS
67. A condition of approval requires compliance with the Outdoor Lighting Code & Guideline
a. Outdoor lighting shall comply with Title 24, Part 6, of the California Code of Regulations: California’s Energy Efficiency Standards for Residential and 859
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Nonresidential Buildings.
b. Unless approved as a specific exception to this guideline, all outdoor lighting shall be flat lens, full cut-off fixtures with the light source fully shielded with the exceptions:
i. Luminaires with a maximum output of 260 lumens per fixture, regardless of number of bulbs (equal to one 20-watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light from shining directly up.
ii. Luminaires with a maximum output of 1,000 lumens per fixture, regardless of number of bulbs (equal to on 60-watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque to keep light from shining directly up.
c. Oxnard City Code 16-320: Lighting within physical limits of the area required to be lighted shall not exceed seven foot-candles, nor be less than one food-candle at any point. A light source shall not shine upon, or illuminate directly any surface other than the area required to be lighted. No lighting shall be of a type or in a location that constitutes a hazard to vehicular traffic, either on private property or on the abutting streets. The height of light standards shall not exceed 26 feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected.
68. Exterior lighting of the site including parking areas shall be between 1 and 7-foot candles and shall be in harmony with existing adjacent lighting scheme.
69. All exterior lighting shall operate from dusk to dawn.
70. All exterior LED lighting shall be of a similar nature and spectrum (3,000K to 20,000K Correlated Color Temperature).
71. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians.
72. An integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures. Luminaires used in the photometric calculations shall only include those instruments mounted 8-feet or more above walking/driving surface. This plan shall be submitted and approved prior to the issuance of building permits.
73. Port Cocheres/carports shall be illuminated between 7 and 15 foot-candles. Under canopy lighting instruments shall be installed on the ceiling of the canopy in-line with the spaces between RV parking spaces.
74. During the first year of operations after the issuance of the Certificate of Occupancy, a 860
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roving security patrol service shall monitor the site during the hours the business is closed. Monitoring shall include a tour check in system approved by the Police Department as part of the business’ Security Plan to ensure that outdoor storage is monitored while defensive plantings are maturing.
75. The outdoor vehicle storage area shall be fully enclosed by a fencing system approved jointly by the Police Department and Community Development Department. Vehicular gates shall be controlled by “Click-To-Enter” technology to provide 24-hour access to first responders.
Security Camera Systems – Businesses
76. Security cameras shall be installed and operated 24 hours a day to monitor the business.
The camera system shall comply with these minimum standards:
a) Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Greyscale images are expected for infra-red lighting. b) Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
c) Cameras shall have low light capability and able to identify persons conducting transactions or entering the business.
d) The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
e) The video system shall allow recording, live viewing and playback of recorded video for a period of a period of at least 30 days.
f) Recorded images shall bear a date and time stamp that cannot be altered. g) Camera installations shall cover areas open to the general public and where cash or other assets are maintained.
h) Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
i) A camera shall be installed at to monitor all persons entering the premises from each exterior doorway. The camera shall be mounted 7-feet above the floor and shall be adjusted to capture images of the head and shoulders of all who enter. j) A security camera plan shall be submitted and approved prior to the issuance of building permits. The plan shall be included in the Security Plan and submitted in pdf format to [email protected]
Alarms
77. Any intrusion alarm system installed at the site shall utilize technology to differentiate between human and non-human motion. The alarm system shall be compliant with Oxnard City Code 11-95 through 11-100.
Signs
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78. All vehicular entrances to the parking area shall be posted in compliance with California Vehicle Code 22658(a). Persons in lawful possession of the property may then cause the removal of a vehicle parked on the property to the nearest public garage if parked without the owner’s permission. (PD)
79. Signs shall be posted around the site stating: “Trespassing Forbidden By Law Violators will be subject to arrest pursuant to 602 PC”.
80. Signs shall be posed around the site stating: “This Property Is Monitored By A Security Alarm and Camera System”
DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS
81. 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)
82. Developer’s Engineer shall design parking lot structural sections based on an analysis of the soils R-value and a traffic index (T.I.) approved by the City Engineer. The minimum structural section for parking lots is two inches of asphalt on four inches of base material.
Developer shall indicate the proposed structural section and design T.I. on the site improvement plans. (DS-2)
83. Developer shall have the site improvement plans prepared using standard Development Services Division format(s) by a civil engineer licensed in the State of California. The plans shall incorporate recommendations from soil engineering and geology reports.
Prior to issuance of a grading permit, improvement plans must be approved by the City Engineer and ink-on-mylar plans filed with the Development Services Division. (DS-3)
84. Developer shall submit improvement plans and drainage calculations demonstrating that storm drain runoff from the project property and all upstream areas will be safely conveyed to an 1. approved drainage facility. The design and conveyance route shall be compatible with the City’s Master Plan of Drainage and shall be approved by the City Engineer prior to approval of improvement plans. (DS-4)
85. Developer shall replace all broken, uplifted, or missing curb, gutter, or sidewalk along the street frontage(s) of the project. (DS-6)
86. Curb cut widths and design shall conform to City ordinances, standards, and policies in effect at the time City issues an encroachment permit. (DS-9)
87. Developer shall provide fire hydrants such that all points of all structures are within one hundred fifty (150) feet of a fire hydrant, or as otherwise approved by the Fire Department. Fire hydrant line improvements shall be designed in accordance with City standards and shown on the civil site improvement plans prior to issuance of a site 862
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improvement/grading permit. Developer shall provide the City with an easement over onsite waterlines using standard City format. (DS-11)
88. Developer shall enter into an agreement, approved as to form by the City Attorney, to install and construct all public improvements required by this permit and by the City Code. Developer shall post security satisfactory to the Finance Director, guaranteeing the installation and construction of all required improvements within the time period specified in the agreement or any approved time extension. (DS-14)
89. A California licensed civil engineer shall prepare the public improvement plans and documents for this project in accordance with City standards and shall submit all such plans to the City Engineer. Submittal shall include, but not necessarily be limited to, grading, street, drainage, sewer, water and other appurtenant improvement plans, construction cost estimates, soils reports, and all pertinent engineering design calculations. City will not approve a parcel map or final map nor issue a grading, site improvement or building permit until the City Engineer has approved all improvement plans. (DS-15)
90. Prior to issuance of a site improvement permit, Developer shall provide to the Development Services Division a compact Disc (CD) containing digital copies of all project maps, address map, and/or civil improvements drawings in DWG format. Prior to improvement bond release, Developer shall provide an updated CD containing all changes that occur during construction. (DS-16)
91. Developer shall process permanent master planned improvements that are eligible for reimbursement in accordance with City policies, resolutions, and ordinances in effect at the time of recordation of the final map or parcel map or if there is no map, then at the time of public improvement plan approval. (DS-17)
92. Developer shall provide all necessary easements for streets, highways, alleys, sidewalks, parkways, landscaping, utilities, drainage facilities, or other improvements as required by City. If such easements cannot be obtained from the property owner by negotiation, City may acquire them at the expense of Developer by exercise of the power of eminent domain. Developer shall bear all costs of eminent domain proceedings, including appraisal, acquisition, attorney’s fees, and court costs. Before City issues a site improvement permit, Developer shall dedicate all required easements to City. (DS-19)
93. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If the Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the Development Services Manager issue a stop work order until such time as the graffiti is removed. (DS-20)
94. 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)
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95. Developer shall pay the cost of all inspections of on‑site and off‑site improvements. (DS-22)
96. Developer shall be responsible for all project‑related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23)
97. Prior to beginning construction, Developer shall designate in writing an authorized agent who shall have complete authority to represent and to act for Developer. The authorized agent shall be present at the work site whenever work is in progress. Developer or the authorized agent shall make arrangements acceptable to City for any emergency work.
When City gives orders to the authorized agent to do work required for the convenience and safety of the general public because of inclement weather or any other cause, and the orders are not immediately acted upon by the authorized agent, City may do or have such work done by others at Developer's expense. (DS-24)
98. "Standard Specifications for Public Works Construction" latest edition (including modifications thereto by City) and applicable City Standard Plates and Design Criteria shall be the project specifications, except as noted otherwise on the approved improvement plans. City reserves the right to upgrade, add to, or revise these specifications and plans and all other City ordinances, policies, and standards. If the improvements required of this project are not completed within 12 months from the date of City’s approval of the improvement plans, Developer shall comply with and conform to any and all upgraded, additional or revised specifications, plans, ordinances, policies and standards. (DS-27)
99. Developer shall retain a California licensed Civil Engineer to ensure that the construction work conforms to the approved improvement plans and specifications and to provide certified "as‑built" plans after project completion. Developer’s submittal of certified "as‑built" plans is a condition of City’s final acceptance of the project and release of any associated security. (DS-29)
100.All grading shall conform to City's standard grading notes, City Code, and recommendations of Developer’s soils engineer as approved by the City Engineer. (DS-30)
101.Storm drain, sewer and water facilities shall conform to applicable City Master Plans.
Developer shall prepare plans for these facilities in accordance with City’s engineering design criteria in effect at the time of improvement plan submittal. Developer shall submit plans with pertinent engineering analyses and design calculations for review and approval by the City Engineer prior to issuance of a site improvement permit. (DS-34) 102.Developer shall design project grading to convey stormwater to a street, alley, or approved drain so that there are no undrained depressions. (DS-35) 103.Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a manner approved by the City Engineer. (DS-38) 864
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104.Developer shall install water mains, fire hydrants and water services in conformance with City standard plates, design criteria and specifications as directed by the City Engineer. (DS-41)
105.Developer shall install adequately sized water services and meters to each lot or unit in accordance with City standards in effect at the time of building permit issuance. There shall be no interconnections between structures. (DS-42) 106.Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)
107.Prior to designing the water system for the project, Developer shall have a certified fire flow test performed to determine existing water pressure and flow characteristics. The water system shall be designed to allow for a 10 psi drop in the static water pressure measured during the fire flow test. After construction and before City issues a certificate of occupancy, the City Engineer may require a second test. Developer shall obtain permits from the City Engineer prior to performing tests. Developer shall have all tests certified by a mechanical, civil, or fire protection engineer and provide written results of all tests to the City Engineer. (DS-47)
108.Developer shall improve all streets, alleys, sidewalks, curbs, and gutters adjacent to the project in accordance with City standards, as necessary to provide safe vertical and horizontal transitions. (DS-52)
109.Developer shall install all water, gas, sewer, storm drain, electrical, cable television, and telephone lines before any paving is placed. (DS-54)
110. Developer shall submit a landscape irrigation plan prepared by a licensed professional,showing proper water meter size, backflow prevention devices, and cross‑connection control. (DS-59)
111. Developer shall submit a street lighting plan as a part of the civil improvement plans.
Developer shall install streetlights in accordance with the plan. (DS-60) 112. As a part of the site improvement plans, Developer shall submit a master utility plan that shows the relative location of all public and private utilities (including gas, electric, street lights, telephone and cable television lines) in accordance with City standard plans. (DS-61)
113. 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) 114. Developer shall provide adequate vehicle sight distance as specified by CalTrans specifications at all driveways and intersections. (TR-71) 115. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)
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116. Prior to issuance of a building permit, all traffic signal, pavement marking and sign plans shall be prepared by a registered California traffic engineer and approved by the City Engineer prior to issuance of a grading, site improvement or a building permit. (TR-74) 117. Prior to issuance of an encroachment permit, Developer’s shall obtain City’s approval of a contractor qualified to install traffic signals, pavement markings and signs. (TR-76) 118. Developer shall design project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) for new development and redevelopment projects.
Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures (“2011 TGM”). (DS-78) 119. Developer’s stormwater quality calculations shall include site specific analysis and recommendations from a geotechnical engineer, and if applicable, a landscape architect for design and implementation of stormwater treatment and infiltration devices.
Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of site specific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM.
Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (DS-81)
120.Using forms provided by the Development Services Division, Developer shall submit a stormwater quality control measures maintenance and operations plan ("the Plan") for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, Developer shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the Development Services Manager approves the Plan and Developer provides an executed copy of the City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (DS-82)
121. Developer’s stormwater quality control measures maintenance and operations plan shall include: 1) Requirement to clean on-site storm drains at least twice a year; once immediately before the first of October (the beginning of the rainy season) and once in January. The City Engineer may require additional cleaning; 2) Requirement to maintain parking lots free of litter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent the accumulation of litter and debris. When swept or 866
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cleaned, debris must be trapped and collected to prevent entry into the storm drain system. Developer may not discharge any cleaning agent into the storm drain system; 3) Requirement to label all on-site storm drain 1. inlets with the message "Don't Dump Drains to Ocean" in accordance with City standards. (DS-83) 122.Developer’s engineer shall submit written confirmation that the project landscape drawings comply with the landscape requirements of the Technical Guidance Manual for Stormwater Quality Control Measures for all landscape based stormwater quality best management practices. (DS-84)
123.Developer shall provide pre-treatment for all infiltration based stormwater quality Best Management Practices (“BMPs”.) Pre-treatment devices must effectively reduce sediment load entering infiltration BMPs to minimize occlusion of underlying soils and reduce long term maintenance requirements and thereby maintain the infiltration capacity of the BMP. 2011 TGM compliant pre-treatment such as vegetated swales are an approved form of pre-treatment. Proprietary pre-treatment devices must be capable of removing 80% of 50 micron particles to be considered adequate pre-treatment. Typical catch basin inserts do not provide the sufficient sediment storage to provide pre-treatment. (DS-85)
124.Prior to issuance of a grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall prepare a Local Stormwater Pollution Prevention Plan (“Local SWPPP”.) The Local SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide MS4 Permit.
The Local SWPPP shall be approved by the City Engineer prior to issuance of a site improvement/grading permit. Developer shall keep the Local SWPPP updated to reflect current site conditions and a copy of the Local SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-87)
DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS
125.The Developer shall prepare a dedicated engineering site plan depicting property lines, right-of-way, and existing and proposed easements. (DS) 126.Developer shall reconstruct the two existing driveway approaches to City Standard Plate 116. Each new driveway shall have a 5-foot pedestrian path of travel behind the driveway apron that meets Americans with Disabilities Act (ADA) standards. (DS) 127.If the pedestrian path of travel at the driveway apron is constructed beyond the existing public right-of-way, Developer shall grant to the City a sidewalk easement for the full width of the pedestrian path. (DS).
128.ADA compliant path of travel around the exterior of the building, (except for crosswalks), shall be elevated and separated from the vehicular traffic area. (DS) 867
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129.ADA and Electric Vehicle (EV) parking spaces not affecting sidewalks shall be 18-feet deep minimum without wheel stops with 1-foot vehicle overhang. Alternatively, these parking spaces can be 19-feet deep with wheel stops placed at the 17-foot mark. (DS) 130.Standard parking stalls shall be 19-feet deep or 17-feet with a 2-foot overhang. Where the 17-foot deep parking stall depth is used, the entire parking stall shall be kept clear from all obstructions, including landscape curbing. (DS)
131.Developer shall construct a minimum 7-foot wide sidewalk at locations where the sidewalk is located at the front of vehicle parking spaces to accommodate for 2-feet of vehicular overhang. Sidewalks in all other locations shall be a minimum of 5-feet wide. (DS)
132.The project is a redevelopment project on an existing commercial site with more than 1 acre. Developer shall design the stormwater facilities to meet the stormwater requirements of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) redevelopment project. (DS)
133.During the engineering plan check, the Developer shall conduct at least one (1) percolation test within the general footprint of the proposed infiltration facility to validate the infiltration rate used in the sizing calculations. The infiltration test shall account for the Reduction Factor from the Los Angeles County "Guidelines for Design, Investigation, and Reporting for Low Impact Development Stormwater Infiltration" published in the Administrative Manual of the County of Los Angeles Department of Public Works. (DS) 134.Developer’s Geotechnical Engineer shall perform percolation tests on the exposed bottom of all infiltration chambers immediately prior to facility construction and provide the City with an opinion that the exposed soil layer is suitable for the proposed infiltration facility based on the review of the existing geotechnical reports, percolation tests, infiltration facility design, and characteristics of the exposed soil layer. This requirement shall be clearly noted on the improvement plans. The report shall be reviewed and approved by the Project Civil Engineer. (DS)
135.The site drainage shall be designed to maintain the pre-existing drainage pattern. No alteration of drainage pattern is allowed unless approved by the City Engineer. (DS) 136.Developer shall install ‘Full Capture System Devices’ (“Devices”) certified by the State Water Resources Control Board Executive Director in compliance with the Statewide Trash Amendments (“Amendments”) to treat all stormwater runoff from this site that meets the definition of ‘Priority Land Use’ as defined by the Amendments at the time of issuance of a grading/site improvement permit. The Devices shall be sized and designed in accordance with the requirements of the Amendments and the Technical Guidance Manual for Stormwater Quality Control Measures. The location of the trash device is subject to the approval of the City Engineer. (DS)
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137.In accordance with City Code, Developer shall provide separate services and water meters for commercial and irrigation. (DS)
138.Developer shall construct a loop water system by extending the existing City water main on North Oxnard Boulevard to the second driveway entrance at Orchard Place. The design is subject to review and approval of the City Engineer and the Fire Department.
Before permit issuance, Developer shall dedicate a 15-foot water easement meeting City standards to the City. (DS)
139.Developer shall obtain written approval from the Environmental Resources Division to reuse the existing indoor trash enclosure. If the Environmental Resources Division does not approve, the Developer shall construct a trash enclosure (to store three bins minimum) with a solid non-combustible roof (8-foot minimum clearance) that prevents stormwater from entering the refuse bins. Developer shall construct all other components of the trash enclosure in accordance with the approved City Standard Plan on file with the Building and Engineering Division. Developer shall finish the trash enclosure to match the major design elements of the main structure subject to approval by the Planning Division. The location and configuration of the new enclosure shall be approved by the Environmental Resources Division. All site refuse bins shall be stored in an approved enclosure. No objects other than refuse bins may be stored in the enclosure without the written permission of the Environmental Resources Division. (DS) 140.If a new trash enclosure is constructed, Developer shall construct the floor and the loading/service pad of the trash enclosure to be substantially level (2% max slope). The loading/service pad shall be reinforced concrete and extend a minimum distance of 15-feet from the face of the trash enclosure for the width of the enclosure. (DS) 141.At plan check, a new fire flow test involving two flowing hydrants out of the 2.5-inch nozzles is required. Using the approved fire flow data, Developer shall prepare a fire flow model and demonstrate that new fire hydrants will be able to deliver the required fire flow and pressure to meet the Fire Department requirements. (DS) 142.Developer shall verify that the existing sewer lateral is adequate to serve the proposed project. At a minimum a sewer technical memo shall be submitted to the City Engineer for review and approval. (DS)
TRAFFIC DIVISION CONDITIONS
143.Developer shall install a traffic signal system at the intersection of Orchard Place and North Oxnard Boulevard prior to building occupancy. Developer shall also prepare and submit signage and pavement markings plans for review. These plans shall include signs and markings onsite and offsite. (TR)
144.Developer shall construct a pedestrian path of travel that is ADA-compliant between the project site and the west side of North Oxnard Boulevard at the intersection of North 869
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Oxnard Boulevard and Orchard Place. The design of the pedestrian path shall include crosswalks and ADA curb ramps. (TR)
145.Developer shall install the proposed bike rack close to the main entrance door of the proposed development. Developer shall be responsible for the perpetual upkeep of the proposed bike racks for the project. Final location shall be approved by the City Traffic Engineer. (TR)
ENVIRONMENTAL RESOURCES DIVISION
146. A Construction and Demolition Waste Management Plan (ERDC-1) must be submitted to the Environmental Resources Division for review and approval prior to issuance of a building permit establishing a goal that at least 65% of the waste generated on the project will be diverted from the landfill.
147. After completion of construction and prior to a certificate of occupancy being issued, a Construction and Demolition Waste Management Report (ERDC-2) must be submitted that demonstrates that at least 65% of the waste generated on the project has been diverted from the landfill. This Report must also include legible copies of weight tickets, receipts, or invoices for materials sent to disposal or reuse/recycling facilities. 148. An Occupancy Plan must be submitted to the Environmental Resources Division prior to issuance of a certificate of occupancy. The Plan must clearly state how all three waste streams will comply with all applicable state laws, including AB 939, AB 341, AB 1826, and SB 1383, and any subsequent legislation adopted in the future, will be managed on site in perpetuity.
149. Any/all organic waste that is generated must be diverted from landfill disposal, as material of this type is not allowed in a trash dumpster. If landscaping is performed by an entity other than the City of Oxnard (i.e. self-haul or third party private hauler), the landscape service providers must be informed, in writing, of this condition and the property management must complete and submit an Alternative Services Certification annually.
150. Any new or renovated waste enclosures must be sized so that they can accommodate all three waste streams and meet minimum safety and operational requirements, including vehicle path of travel, employee access, and prevention of illegal dumping and/or vandalism. Use the City’s approved Standard Plates, but modify dimensions accordingly. 151. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling. Regardless of hauling methods, all materials collected must be conveyed to the Del Norte Regional Recycling and Transfer Station. 152.Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a manner approved by the City Engineer. 870
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FIRE DEPARTMENT CONDITIONS
153.Developer shall construct all vehicle access driveways on the project property to be at least 26 feet wide, exclusive of shoulders. Developer shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes.
Developer shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1)
154.All roof covering materials on the project property shall be of non-combustible or fire retardant materials approved by the Fire Chief and in compliance with the City Code. (FD, F-2)
155.Before the City issues building permits, Developer shall obtain the Fire Chief’s approval of a plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3) 156.At Developer’s expense, Developer shall obtain two certified fire flow tests for the project property. The first test shall be completed before City approval of building plans and the second shall be completed after construction and prior to the issuance of a certificate of occupancy. The tests must be certified by a mechanical, civil, or fire protection engineer. Developer shall obtain permits for the tests from the Engineering Division. Developer shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4)
157.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) 158.The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
159.At all times during construction, Developer shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for firefighting apparatus to all parts of the project property. (FD/DS, F-7)
160.Developer shall identify all hydrants and fire protection equipment on the project property as required by the Fire Chief. (FD, F-8)
161.Developer shall install security devices and measures, including walkway and vehicle control gates, entrance telephones, intercoms and similar features, subject to approval of the Police Chief and the Fire Chief. Vehicle control gates shall be operable by City approved radio equipment. (FD/PD, F-9)
162.Developer shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
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163.The turning radius of all project property driveways and turnaround areas used for emergency access shall be approved by the City Traffic Engineering Department. (FD, F-11)
164.Developer shall provide automatic fire sprinklers as required by the City Code and shall contact the Fire Chief to ascertain the location of all connections. (FD, F-12) 165.Developer shall install in each structure in the project an alarm system with a central station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and provides floor by floor water flow monitoring and allows the central station monitor to inform the Fire Department. (FD, F-13)
166.All signalized intersections shall be equipped with pre-emption equipment. (FD/TR, F15) 167.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
168.Areas designated by the Fire Marshal as Fire Lanes shall be identified by a red curb and signage per the California Department of Motor Vehicles. 169.All landscape on project property will coordinate with the fire protection features, to prevent access problems to fire protection features.
170.Fire hydrants shall be operational and accessible at all times. No parking, storage or staging of equipment/supplies shall be located within 15 feet on either side of fire hydrants. Prior to final inspection, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire Department standards. 171.Class I standpipe is required in each stairwell and reach 150’ of travel throughout the building.
172.Fire sprinkler coverage is required for:
a. Patios, overhangs or any other projections that are 48” or more from the structure. b. Open areas beneath stairs that serve a habitable space or when that area is accessible for storage or has mechanical equipment.
c. The protection of the forced air unit when located in the attic or other areas that are normally inaccessible.
173.Before the city issues a certificate of occupancy, the developer shall install a Knox key vault at a location to be determined by the Fire Department. 872
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174.Gurney size elevators will be required.
175.All overhangs over 4 feet are required to be sprinklered. 176.Verify height of parapet. Not to be over 40 inches, unless approved by the Fire Department.
177.FDC is required to be within 50-feet of the fire hydrant and not across drive isles. 178.Vegetation clearance from structure(s) required prior to construction. 179.A minimum 20-foot clear width and 13 foot, 6 inch (13’-6”) clear height emergency access shall be maintained free of obstructions at all times within the development once construction starts.
180.Developer shall allow installation of public safety radio equipment in the tower, steeple, roof or other elevated portion of the building. Such equipment shall not conflict with the architectural design of the building and shall comply with zoning and planning requirements and conditions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Oxnard on this 13th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
John Zaragoza, Mayor
________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
873
March 28, 2023
TO: Case File
FROM: Joe Pearson II, Planning Manager
Maureen Tamuri, Interim Community Development Director
SUBJECT: U-Haul Moving and Storage Permit Timelines
This memo to the case file serves to summarize Code Enforcement, Planning Entitlement, and Building and Safety permits and activities initiated by U-Haul’s purchase and occupancy of 2420 North Oxnard Blvd.
Background:
● April 2016: The abandoned site, previously utilized by a Levitz furniture, went up for auction
● April 2015: Then Community Development Director Matt Winegar issued a letter to CBRE stating the City could support U-Haul based on the preliminary information the City received. There is no mention of RV storage in this letter. ● Summer 2016: Auction closed, and U-Haul acquired the property Code Enforcement (CE) Activities:
● On August 3, 2016, Code Enforcement opened Case No. 16-2182 for an illegal advertising banner at the property in violation of OCC 11-4(A). U-Haul did not have a business license and were without a Temporary Use Permit (16-477(A)) to occupy and open a business at the site.
○ The owner was advised by Planning Staff that, prior to occupancy, a Temporary Use Permit, a Special Use Permit, and a building permit for tenant improvements was required.
● On April 18, 2018, Code Enforcement opened Case No. 18-1297 for work without permits, which resulted in the need for numerous building permits. ○ A follow-up inspection on September 9, 2019 showed additional work without permits and occupancy of the warehouse portion with about 90 large storage containers and breakroom. This resulted in the need for additional building permits.
● There are fifteen instances of follow up by Code Enforcement to Building and Safety checking on the permit status. See further information in the Building and Safety section of this memo.
Planning Entitlements:
874
In support of Code Enforcement and the unpermitted occupancy and uses occurring on site, Planning Staff worked in parallel with U-Haul to obtain necessary planning entitlements.
A. January 23, 2017: Minor Modification 17-140-02 to allow for the establishment of a retail use within a 1,995 S.F. portion of the building, restore non-conforming landscaping and lighting conditions on-site, and enhance the building architecture. ● January 16, 2018: City approved the Minor Modification, which allowed for phasing of the improvements to allow for the Special Use Permit (described below) to continue through the process.
● 2019: Retail use commenced, despite a Temporary Certification of Occupancy never being granted.
● January 18, 2020: U-Haul exceeded their 24 months timeline (per a condition of approval) for substantial work to be completed on the minor modification.
B. August 21, 2017: Special Use Permit 17-500-11 for the renovation of the existing 152,542 square foot building, including a retail showroom, mini-warehouse/self-storage, warehouse, outdoor R.V., and some remaining space to remain vacant for a future tenant.
In summary, between September 2017 and February 2022, the applicant changed the scope of the project four times, resulting in multiple completeness reviews, four Development Advisory Committee (DAC) meetings, and multiple revisions to required studies and environmental reviews for the project.The proposed project building area has gone through a series of evolutions, with respect to the floor area and the building’s uses. The table below provides a brief summary of the changes to date recorded by the Planning Department.
Changes In Project Floor Area (SF)
Proposed Use August 21, 2017 April 26, 2018 November 7, 2018 October 15, 2020
(Revised Elevations
Provided 1/6/21)
Retail 1,995* 8,335 5,500 5,341
Warehouse 5,820 9,399 9,467 34,537
Self-Storage 64,936 199,459 212,117 202,741**
Total 72,751 217,193 227,084 242,619
* 1,995 S.F. retail showroom for U-Haul rental and support services (approved under Minor Modification) **3 stories of self-storage (First Floor - 111,740, Second Floor 41,551, and Third Floor - 49,450) Below is a detailed permit timeline.
● September 21, 2017 – Incomplete Letter Provided to the applicant ● April 26, 2018 – Applicant Second Project Submittal
875
● May 25, 2018 – Second Incomplete Letter provided to applicant on second submittal ● November 7, 2018 – Third Project Submittal
● January 2, 2019 – Project deemed complete for processing ● January 23, 2019 – Development Advisory Committee (DAC) meeting held ● February 13, 2019 – CEQA Determination made; initial study will be required ● May 8, 2019 – First draft of initial study received from city’s consultant ● August 27, 2019 - Applicant request for the storage of empty and full U-Boxes (pods) ● September 25, 2019 - Applicant requested to resubmit plans, which included the addition of a third floor. At the resubmittal appointment they were notified that those changes would require them to update their parking study and their traffic study. As a result the resubmittal was not accepted.
● February 2020 Jeff Lambert, then Community Development Director, informed the applicant team that Planning would not likely recommend approval of the SUP after a number of changes had been made to the scope of the project. ● August 2020 - Applicant team met with the City Manager and separately with staff to discuss next steps to get an applicant before the Planning Commission. ● October 15, 2020 - Applicant resubmitted with revised plans including revised elevations and studies
● January 6, 2021 - Applicant resubmitted revised project plans consistent with the approved Minor Modification (17-140-02).
● February 3, 2021 - DAC meeting held
● May 21, 2021 - Applicant resubmitted revised project plans ● June 9, 2021 - DAC meeting held.
● September 10, 2021 - Applicant resubmitted revised project plans ● October 6, 2021 - DAC Meeting held
● February 11, 2022 - Applicant resubmitted revised project plans ● March 9, 2022 - Project deemed complete subject to revisions ● March 16, 2022 - CEQA Kick-Off meeting
● August 18, 2022 - Draft IS-MND circulated for public review. ● September 6, 2022 - Public comment period closed.
● November 17, 2022 - First Planning Commission Hearing; continued to December 15. 2022.
● December 15, 2022 - Planning Commission Continued to January 5, 2023. ● January 5, 2023 - Second Planning Commission Hearing. Continued to February 2, 2023 to return with recommendation of approval.
● February 2, 2023 - Planning commission final motion carried 5 (in favor) - 1 (against) to recommend approval to City Council.
C. 2019: (PZ 19-130-140) A Zone Clearance was approved for by-right retail use in a 2,200+ square foot portion of the building at the southwest corner.
Building and Safety (B&S) Activities and Permits as of March 28, 2023:
A total of nine permits since 2017 have been submitted to the City for construction activities. All except one of the permits remain open.
876
Plan Check
Number
Description Status Latest actions
22-4315
Submitted
1/19/23
New Doors, Restrooms, Storage
Lockers
In plan
check
1st plan check submitted 1/19/23;
Fire corrections returned 2/7/23;
Electrical corrections returned and available
2/21/23;
pending Building and Planning review.
20-3159
Submitted
9/22/20
Fire Pump, Remove and Replace Permit
issued
Revision processed and issued 3/14/23 for
structural anchorage for the fire pump; last
inspection was 8/23/22 for foundation
19-4587
Submitted
9/9/19
Fire Flow Test Permit
issued
Finaled
9/11/2019
Fire flow test on hydrant H-10, Atlas sheet N14.
Test conducted on 9/11/19.
19-4507
Submitted
9/13/19
U-Haul Occupancy Permit for
storage containers within the
warehouse space; no access to the
public
Permit
issued
Electrical was deemed ok but not finalized
pending Fire and Planning inspections.
No fire sprinkler coverage, so no occupancy
18-1939
Submitted
4/23/18
Reroof, 85,000 square feet Permit
issued
Tear off inspection completed and approved
5/30/18;
never finalized
18-1898
Submitted
4/19/18
Sewer line repair Permit
Issued
Code compliance case for sewer line repair;
inspection finalled 4/26/18
18-1515
submitted
3/29/18
Landscaping In plan
check,
plan
check
expired
Plans rejected by Planning, Electrical and
Building 8/27/18, never resubmitted
17-3823
submitted
7/31/17
Reroof, 127,278 square feet Permit
Issued
Roof nailing inspection passed 8/25/17;
never finalized
17-3243
Submitted
6/28/17
Tenant improvement plans for new
showroom
Permit
Issued
Permit issued 4/8/19;
9/2/20 inspection requesting a Temporary
Occupancy request (TCO); correction list and
actions needed was provided to the applicant.
No final C of O or TCO has been issued to date,
as the construction shown by the plans for the
project was never completed and verified.
877
In summary, Permit 17-3243 (submitted 6/28/17, issued 4/18/19) was submitted after a Notice of Violation was issued to U-Haul. The permit was for tenant improvements and a showroom in the southwest corner of the building adjacent to Oxnard Boulevard, including facade improvements all along the Oxnard frontage, existing Levitz sign removal and other interior items for the new small showroom. The effort required 6 resubmittals of the plans, and, although the permit was issued, the construction was never finalized. The permit remains open, requiring final inspection.
Notable activities on this permit also included:
● April 2018 B&S issued a Stop Work Notice for unpermitted plumbing work, and office space conversion.
● On July 12, 2019 Fire Life Safety inspection was conducted and failed. The Fire inspector noted that they were not ready and that the building did not have a fire alarm system. A fire pump permit was also determined to be needed. ● On September 9, 2019, six months after permit issuance, Code Enforcement again joined Building and Safety Inspectors to review construction progress. The team documented extensive demolition, plumbing and electrical work without permits had occurred in the warehouse area. They also documented that the warehouse was already in commercial use, populated by approximately 90 storage pods, and noted the presence of forklifts, pallet jacks and a breakroom. This occupancy of the building and its use of the property for commercial purposes was unpermitted, and a Stop Work Order was posted to the entrance to the showroom and the warehouse area. As a result, Code Enforcement Case 18-1297 was opened. ● Numerous attempts between July 24, 2019 and September 2, 2020 were made for a temporary certification of occupancy and failed;
● As of March 28, 2023, the building is still occupied without any temporary or permanent Certificate of Occupancy, and still has outstanding improvements dating back to the June 2017 Minor Modification permit submittal. 878
2420 Oxnard Boulevard U-Haul
Project
1 City Council
April 13, 2023
Planning & Zoning Permit No. 17-500-11
Joe Pearson II, Planning Manager
Maureen Tamuri, Interim Community Development Director
879
• Request to allow for the conversion of an existing building into a three story mini-warehouse/self-storage space, including a U-Box storage warehouse and retail space, and allow for truck and equipment rental, and RV storage.
• Mini-warehouse/self-storage, warehouse, truck rentals, and recreational vehicle storage are not allowed uses within the C-2 zone. • In order to allow for these requests, the City Council must make a determination that each of the proposed industrial uses, except for the retail use, are consistent with the intent of the General Commercial (C-2) zoning designation and the Commercial General (CG) land use designation.
Executive Summary
2 880
Project Description
• A request for the following action (PZ 17-500-11 - Special Use Permit) ○ Allow for mini-warehouse/self-storage, warehouse, truck rentals, and recreational vehicle storage uses.
○ Allow the renovation and conversion of an existing one-story (34 feet in height) 152,542 square foot warehouse into a three story (no change in height), 202,741 square-foot mini-warehouse/self-storage space. ○ U-Box Storage warehouse (34,537 square-feet)
○ 3,050 square feet of retail space (New)
○ RV Storage Lot for 46 RVs
3 881
Public Notice
• CEQA Notice was published in the newspaper.
• Planning Commission Meetings held November 17, 2023, January 5, 2023, and February 2, 2023
• Notice of City Council hearing was provided:
• Newspaper,
• On-site posting; and
• Mailed to property owners within 300 feet.
4 882
Project Location
5 Subject Site: 2420 N. Oxnard Boulevard
• Existing Vacant Warehouse
• 2,291 Square foot U-Haul Retail center
(approved under Minor Modification
PZ17-140-02)
883
Project Location
6 Oxnard Blvd (Northbound)
Oxnard Blvd (Southbound)
884
Aerial-View
Project Location
7 Project Location
Reference North
LOCATION GENERAL PLAN ZONING EXISTING LAND USE
Project Site Commercial General
(CG)
General Commercial,
Planned Development
(C-2-PD)
Warehouse and Showroom
North Commercial General
(CG)
General Commercial,
Planned Development
(C-2-PD)
Southern Pacific Railroad tracks; grocery
store and retail
South Commercial General
(CG)
General Commercial,
Planned Development
(C-2-PD)
West Vineyard Avenue; Mixed commercial
and retail and auto repair
East Commercial General
(CG)
General Commercial,
Planned Development
(C-2-PD)
Esplanade Drive; Southern Pacific Railroad
tracks, grocery store and retail
West Residential Medium
High (RMH)
High Rise Residential,
Planned Development
(R-4-PD)
Oxnard Boulevard; Southbank Residential
Neighborhood and Casitas Apartment
Homes
885
General Plan & Zoning Maps
Commercial General (CG)
General Plan Land Use Designation Zoning Designation
General Commercial - Planned Development
(C-2-PD)
8 886
Background - Existing Center
9 • On September 1, 1970, the City Council approved a Planned Development Permit to permit the construction of a 155,000 square-foot Levitz furniture warehouse and retail showroom on the subject property.
• The property was acquired by U-Haul in 2016. On January 23, 2017, U-Haul applied for a Minor Modification (PZ 17-140-02) to allow the establishment of a retail use within 2,291 square feet portion of the building, restore non-conforming landscaping and lighting conditions on-site, and enhance the building architecture. This was approved in 2018.
• Applicant has not completed the required improvements associated with that permit.
• On August 21, 2017, the subject application submitted for processing and review.
Between September 2017 and February 2022, multiple project completeness reviews were conducted due to four project revisions by the applicant. 887
Background - Existing Center
A. Nine (9) Building Permits since 2017
• 1 permit expired, 1 finalized, 1 in plan check
• 6 of the permits remain open pending final inspection • Continues to operating without an approved Temporary Certification of Occupancy
B. Two Code Compliance cases since 2016
• Of note, Case No. 18-1297, for work without permits, remained open from April 18, 2018 to Feb 15, 2023
• All complied with as of Feb. 15, 2023
10888
Proposed Site Plan (Northern Section)
11 Proposed Site Plan
RV
Storage
Rental
Staging
Area
889
Proposed Site Plan (Southern Section)
12 Proposed Site Plan
890
Elevations - Rendered
13 891
Environmental Review
• An Initial Study/Mitigated Negative Declaration was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) to evaluate potential environmental impacts of the proposed Project.
• 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 • Final IS/MND identified the following:
a. Class 2 impacts (potentially significant by mitigable, mitigation required) i. Air Quality
ii. Biological Resources
iii. Cultural and Tribal Cultural Resources
b. All other impact area were identified as Class 3 (less than significant) • Staff determined that there is no substantial evidence that the Project will have a significant effect on the environment.
14892
Planning Commission
• In 2019, the Community Development Director indicated to the Applicant team that staff was not likely to support the use, which had continued to change since their 2017 submittal.
• In 2020, after additional meetings between the Applicant team and City, Staff indicated they would not provide a recommendation to the Planning Commission on the proposed request.
• Discussion ensued regarding the appropriateness of the proposed use, traffic, solar requirements, and potential for alternative uses. • The Commission requested additional clarification on the sales and property tax generation numbers provided by the applicant and direction on possible solar requirements and continued the item to December 15, 2022. 15893
Planning Commission (Cont.)
• At the December 15th meeting, the item was continued to the January 5th, 2023 meeting to allow more time to gather the information. • On January 5, 2023, the Planning Commission received and reviewed the requested additional information from the project applicant and staff. • The Planning Commission considered the Project and following Commission deliberation, adopted a motion of Intent to recommend approval of the Project.
• On February 2, 2023, the Commission voted 5-1 (with one commissioner absent), to adopt a resolution recommending approval of the Special Use Permit to City Council.
16894
Project Concerns
17 Prior to the hearing, and during the Planning Commission meeting, the primary concerns raised were related to:
● Appropriateness of the Uses Proposed.
● View Corridors.
895
Appropriateness of the Uses Proposed
18 ● In the consideration of this project, the City Council must consider the appropriateness of each of the proposed uses, as they relate to the intent of the C-2 zone and CG land use designation.
● The Commercial General land use designation allows retail centers and free-standing commercial uses along arterials. The intent of the C-2 zone is primarily to allow for retailing, office and service-related uses, as well as residential.
● Each of the applicants requested uses are currently only permissible in the City’s industrial zones.
896
Appropriateness of the Uses Proposed
19 ● In alignment with concerns raised with the applicant team by staff and the Planning Commission about uses on the site:
○ Site previously identified in the City’s Housing Element and has had a planning application or under contract for residential development
○ Nearby and recent approvals of mixed use and residential on similar or smaller lots with railroad nearby
897
Appropriateness of the Uses Proposed - Example
20 ●
●
● Wagon Wheel; adjacent to railroad
● 6-story mixed-use building (4
stories of living space over retail and
one floor of parking)
● 4.2 acre parcel
● 219 dwelling units
● 16,031 sf of ground-level
commercial space
● six-level parking structure.
898
Appropriateness of the Uses Proposed
21 ● Within a shopping center; adjacent
to railroad
● Mixed Use: grocery, gym, gas station,
hotel
● 4-stories, 88 room hotel on 1 acre
● Total Center 14 acres
899
Appropriateness of the Uses Proposed - Example
22 ● RiverPark, adjacent to river and freeway
● 4.23-acre site
● 333 units
● 5-story apartment complex
● 6-level parking structure and roof deck
900
View Corridors
23 ● Pursuant to the 2030 General Plan, Oxnard Boulevard is a designated scenic corridor. ● The site is also a major entryway into the City and a part of the North Oxnard Transit Enhancement District (NOTED) urban village.
● Compatibility with the current intent and goals of the City as it relates to the development of this area of the City
● View Corridor impacted by the proposed outdoor storage uses, including the storage of the rental trucks and equipment and recreational vehicles. The view will be impacted by the loading and unloading of both the warehouse and mini-storage portions of the building, as the loading spaces will be visible from Oxnard Boulevard. 901
Applicable General Plan Policies
• Many policies are directly or indirectly applicable to the proposed project. Some of the key policies are:
• Community Development Policy 1.2 - Infill Development • Community Development Policy 4.2 & 4.4 - Commercial Revitalization and Redevelopment/Commercial Area Aesthetics
• Community Development Policy 9.2 - Revitalization and Redevelopment • Community Development Policy 9.3 & 9.4 - Gateway Enhancement/View Corridor Preservation
• Community Development Policy 18.1 - Attract new Business • Infrastructure and Community Services Policy 8.5 - Public Sidewalks and Pedestrian Orientation
24902
View of Northern Section from Oxnard Blvd
25 RV
Storage
Rental
Staging
Area
903
View of Northern Section from Oxnard Blvd
26 RV
Storage
Rental
Staging
Area
904
View of building from Oxnard Blvd
27 Truck Loading and Customer
Parking Spaces
905
View of Northern Section from Orchard
28 RV
Storage
Rental Equipment
Staging Area
906
View of Northern Section from Adjacent Lot/Railroad
29 RV
Storage
Vehicle and
Equipment Rental
907
Existing U-Haul Retail Location
30 Located at 3020 Saviers Road,
Oxnard, CA
908
Zoning Code Compliance
• The project is located within the General Commercial, Planned Development (C-2-PD) zone district and is subject to the General Commercial (C-2) development standards.
• The project would generally conform to the applicable C-2 development standards for the General Commercial land use as further detailed in the Staff Report.
• Mini-warehouse/self-storage, warehouse, truck rentals, and recreational vehicle storage are not allowed uses within the C-2 zone.
• In order to allow for these requests, the City Council must make a determination that each of the proposed industrial uses, except for the retail use, are consistent with the intent of the General Commercial (C-2) zoning designation and the Commercial General (CG) land use designation. 31909
Zoning Code Compliance - Mini-warehouse/Self-storage Uses 32 • In 1975, the City Council passed Resolution 6446, which established development standards for mini-warehouses. This resolution stated that "Mini-warehouses may locate in C-M (Commercial - Manufacturing) and M-1 (Light Industrial), M-L (Limited Industrial) Zones.”
• In 2009, the City Council passed Ordinance 2807, which removed mini-warehouses as a permitted use in the C-2 zone. At that time, the City determined that the general allowance of self-storage facilities was not consistent with purpose and intent of the General Plan for the C-2 zone and the use is not consistent with the other retailing, office and service-related uses permitted or conditionally permitted in the C-2 zone. This change was processed as a “clean-up” action to make the Oxnard City Code language consistent with the mini-warehouse policies adopted by the City Council in 1975 and the General Plan.
910
Financial Impact
• Redevelopment of the project site is anticipated to generate additional tax revenue
• Applicant claims that the total estimated yearly tax within two years upon project completion will be $248,599.72 (including property tax assessment).
Reduced from their tax estimate of $399,982.31 presented at the November 17, 2022 Planning Commission hearing,
• There is not enough information on many aspects of their business model, however, in consultation with our sales tax consultant, comparing similar uses in southern California, the applicant's tax projection seems high, especially considering our residential market and specifically the portable storage aspect is high compared to similar businesses.
33911
City Council Options
1. Option 1 – Planning Commission Recommendation –
Applicant Original Request (with staff recommended phasing condition).
2. Option 2 – Staff’s Recommendation – Deny the Application and direct staff to return at a future public hearing with revised documents incorporating the direction provided by City Council. 34912
35 913
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.1
DATE: April 13, 2023
TO: City Council
FROM: Denise Olson, Interim Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Presentation of Single Audit Report. (20 Minutes)
RECOMMENDATION
That the City Council receive and file the 2022 Single Audit Report from the audit firm Eadie + Payne. (Eadie + Payne Presentation will be live upon consultant's request).
BACKGROUND
The Single Audit is a rigorous, organization-wide audit of the City’s grant funded programs that expend $750,000 or more of Federal grants or assistance. The objective of the Single Audit is to provide assurance to the federal government as to the management and use of such funds by the City. The audit is performed by the City’s independent auditor, Eadie + Payne, LLP, and the report is issued annually showing the City of Oxnard’s expenditures of Federal awards. Eadie + Payne, LLP will present its audit opinion of the City of Oxnard Single Audit Report for the fiscal year ending June 30, 2022.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on March 28, 2023 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Beth Vo, Assistant Chief Financial Officer
ATTACHMENTS
1. Single Audit Report
2. Presentation
914
SINGLE AUDIT
REPORT
FISCAL VEAR ENDED JUNE 30, 2022
915
CITY OF OXNARD
CONTENTS
JUNE 30, 2022
PAGE
Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards . . . . . . . . . . . . . . . . . 1 Independent Auditor's Report on Compliance for Each Major Program; Report on Internal Control over Compliance in Accordance with Uniform Guidance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance . . . . . . . . . . . . . . . . . . . . . . 3 Schedule of Expenditures of Federal Awards and Schedule of Findings and Questioned Costs Schedule of Expenditures of Federal Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Notes to the Schedule of Expenditures of Federal Awards . . . . . . . . . . . . . . . . . . . . 10 Schedule of Findings and Questioned Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Schedule of Prior Audit Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 916
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
1 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND
ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable City Council
City of Oxnard
Oxnard, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Oxnard, California (City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated January 19, 2023. Our report includes a reference to other auditors who audited the financial statements of Oxnard Housing Authority, as described in our report on the City's basic financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors.
Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. 917
2 A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion.
The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Riverside, California
January 19, 2023
918
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
-3-
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR
EACH MAJOR PROGRAM; REPORT ON INTERNAL CONTROL OVER
COMPLIANCE IN ACCORDANCE WITH UNIFORM GUIDANCE; AND REPORT ON THE
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY
THE UNIFORM GUIDANCE
The Honorable City Council
City of Oxnard
Oxnard, California
Report on Compliance for Each Major Federal Program
We have audited City of Oxnard's (City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major Federal programs for the year ended June 30, 2022. The City's major Federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.
The City's basic financial statements include the operations of the Oxnard Housing Authority, which expended $26,175,745 in Federal awards during the year ended June 30, 2022 which is not included in the City’s schedule of expenditures of Federal awards. Our audit, described below, did not include the operations of the Oxnard Housing Authority, because it engaged other auditors to perform an audit in accordance with the Uniform Guidance.
In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022.
Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. 919
-4-
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. 920
-5-
Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
Report on Schedule of Expenditures of Federal Awards
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. We issued our report thereon dated January 19, 2023, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of Federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements.
Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements and certain additional procedures including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of Federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.
Riverside, California
March 13, 2023
921
-6-
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
922
-7-
CITY OF OXNARD
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2022
Federal
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Housing and Urban Development
CDBG - Entitlement Grants Cluster
Direct Program
Community Development Block Grants/Entitlement Grants 14.218 B-21-MC-06-0534 918,409 $ $ 53,376 B-19-MC-06-0534 49,749 -
B-17-MC-06-0534 187,640 -
COVID-19 Community Development Block Grants CARES Act 14.218 B-20-MW-06-0534 306,101 90,187 Total CDBG - Entitlement Grants Cluster 1,461,899 143,563 Direct Program
Emergency Solutions Grants Program 14.231 E-21-MC-06-0534 34,052 24,000 E-20-MC-06-0534 133,136 124,512
COVID-19 Emergency Solutions Grants - CARES Act 14.231 E-20-MW-06-0534 2,876,608 2,875,913 3,043,796 3,024,425
Direct Program
HOME Investment Partnership Program 14.239 M-21-MC-06-0526 134,191 - 134,191 -
Total U.S. Department of Housing and Urban Development 4,639,886 3,167,988 U.S. Department of Housing and Community Development
Passed through California Department of Housing and Community Development Emergency Rental Assistance Round 1 (Administrative Cost) 21.023 21-ERAP-10003 89,751 - 89,751 -
Total U. S. Department of Housing and Community Development 89,751 - U.S. Department of Homeland Security
Passed through the County of Ventura
97.067 2019-0035 40,684 -
19-SHSGP 4,976 -
45,660 -
Passed through the County of Ventura
97.042 2019-0006 46,604 -
46,604 -
Passed through the California Office of Emergency Services
97.039 HMGP #4407-431-079R 40,324 -
40,324 -
Direct Program
Assistance to Firefighters Grant 97.044 EMW-2019-FG-09826 132,037 117,839 EMW-2019-FG-09714 36,936 -
EMW-2020-FG-13213 162,452 -
FEMA-FY2020 Fire Prevention and Safety (FPS) 97.044 EMW-2020-FF-01126 201,292 - FEMA-FY2020 Staffing for Adequate Fire and Emergency Response 97.044 EMW-2020-FP-00777 141,191 - 673,908 117,839
Passed through the County of Ventura
Assistance to Firefighters Grant FY19 97.044 EMW-2019-FG-10771 24,545 - 24,545 -
698,453 117,839
Total U.S. Department of Homeland Security 831,041 -
Hazard Mitigation Grant - Emergency Backup Generator at Oxnard Shores
Homeland Security Grant Program
Emergency Management Performance Grant FY20
See accompanying notes to Schedule of Expenditures of Federal Awards and Independent Auditor's Report on Compliance for Each Major Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.
923
-8-
CITY OF OXNARD
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (Continued)
FOR THE YEAR ENDED JUNE 30, 2022
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Justice
Direct Program
Equitable Sharing Program 16.922 CA0560400-NCIC 85,188 - 85,188 -
Direct Program
Edward Byrne Justice Assistance Grant (JAG) 16.738 2020-DJ-BX-0781 21,289 21,289 2018-DJ-BX-0852 23,350 -
44,639 21,289
Passed through the County of Ventura Sheriff Department FY21 National Sexual Assault Kit Initiative(SAKI) 16.833 VTA CO SHERIFF-VSCO SAKI 698 - 698 -
Direct Program
COVID-19 FY2020 Coronavirus Emergency Supplemental Funding 16.034 2020-VD-BX-0321 8,778 - 8,778 -
Total U.S. Department of Justice 139,303 21,289
U.S. Department of Transportation
Highway Planning and Construction Cluster
Passed through the State of California Department
of Transportation
C Street Bicycle Facilities 20.205 CML-5129 (087) 59,044 - Northside Vta Blvd. Between Balboa & Rose Avenue 20.205 CML-5129 (078) 1,171 - Traffic Signal Various Locations 20.205 HSIPL 5129 (093) 188 - City Wide Signal Mod 20.205 HSIPL 5129 (095) 22,089 -
Total Highway Planning and Construction Cluster 82,492 - Highway Safety Cluster
Passed through the State of California Office of
Traffic Safety
OTS Pedestrian & Bicycle Safety Program-2020 20.600 PS21024 4,353 - OTS Pedestrian & Bicycle Safety Program-2022 20.600 PS22009 13,893 - OTS Traffic Enforcement - 2021 20.600 PT21094 24,366 -
OTS Traffic Enforcement - 2020 20.600 PT20098 78,423 -
Total Highway Safety Cluster 121,035 -
Passed through the State of California Office of
Traffic Safety
OTS Traffic Enforcement - 2021 20.608 PT21094 68,555 -
OTS Traffic Enforcement - 2022 20.608 PT20098 134,875 - 203,430 -
Passed through the State of California Office of
Traffic Safety
OTS Child Passenger Safty - 2020 20.616 OP21013 2,678 - 2,678 -
Total U.S. Department of Transportation 409,635 -
Corporation for National and Community Service
Direct Program
Retired and Senior Volunteer Program FY21-22 94.002 19SRPCA007 65,774 - Retired and Senior Volunteer Program FY20-21 94.002 19SRPCA007 4,450 - Total Corporation for National and Community Service 70,224 - See accompanying notes to Schedule of Expenditures of Federal Awards and Independent Auditor's Report on Compliance for Each Major Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.
924
-9-
CITY OF OXNARD
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (Continued)
FOR THE YEAR ENDED JUNE 30, 2022
Federal
Assistance Program Total Total Amount
Federal Grantor/Pass-through Listing Identification Program Provided to Grantor/Program Title Number Number Expenditures Subrecipients U.S. Department of Health and Human Services
Aging Cluster
Passed through the County of Ventura Area Agency on Aging Special Programs for the Aging, Senior Nutrition Services 93.045 3500FY22-05 127,334 - Total Aging Cluster 127,334 -
Total U.S. Department of Health and Human Services 127,334 - U.S. Department of Treasury
Direct Program
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 27,007,177 565,000 27,007,177 565,000
Passed through California Water Resources Control Board
21.027 CA5610007-01 1,026,077 -
21.027 CA5610007-01 256,044 -
1,282,121 -
28,289,298 565,000
Total U.S. Department of Treasury 28,289,298 565,000
Total Direct Program 32,529,800 3,872,116
Total Pass Through 2,066,672 -
TOTAL EXPENDITURES OF FEDERAL AWARDS $ 34,596,472 $ -
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds - Water Arrearage Payment Program
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds - Wastewater Arrearage Payment Program
See accompanying notes to Schedule of Expenditures of Federal Awards and Independent Auditor's Report on Compliance for Each Major Program; Report on Internal Control over Compliance; and Report on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance.
925
-10-
CITY OF OXNARD
NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED JUNE 30, 2022
1. BASIS OF PRESENTATION
The accompanying schedule of expenditures of Federal awards (Schedule) includes the Federal award activity of City of Oxnard (City) under programs of the Federal government for the year ended June 30, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net assets, or cash flows of the City. It does not include the Federal award activity of Oxnard Housing Authority, a blended component unit of the City, which expended $26,175,745 in Federal awards.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the modified accrual basis of accounting.
Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.
3. INDIRECT COST RATE
The City has not elected to use the 10% de minimis indirect cost rate.
4. FEDERALLY-FUNDED LOANS
The City administers loans, primarily forgivable loans, made from funds provided by the following Federal programs for the year ended June 30, 2022:
LOANS
FEDERAL PROGRAMS OUTSTANDING
Community Development Block Grants
(CFDA #14.218) 3,752,569 $
HOME Investment Partnership Program
(CFDA #14.239) 9,640,632
926
-11-
CITY OF OXNARD
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2022
SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP:
Internal control over financial reporting:
• Material weaknesses identified? Yes x No
• Significant deficiencies identified? Yes x None reported Noncompliance material to financial statements noted: Yes x No Federal Awards
Internal control over major programs:
Material weaknesses identified? Yes x No
Significant deficiences identified? Yes x None reported Type of auditor's report issued on compliance
for major programs:
Any audit findings disclosed that are required to be
reported in accordance with 2 CFR 200.516(a)? Yes x No
Identification of major programs:
CFDA No. Name of Federal Program or Cluster
21.027 COVID-19 - Coronavirus State and Local Fiscal Recovery Funds Dollar threshold used to distinguish between
type A and type B programs: $1,037,894
Auditee qualified as low-risk auditee? x Yes No
Unmodified
Unmodified
927
-12-
CITY OF OXNARD
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2022
INDEX
CURRENT YEAR
MAJOR FEDERAL AWARD PROGRAMS
None
FINANCIAL STATEMENTS
PRIOR YEAR
MAJOR FEDERAL AWARD PROGRAMS
Indirect Cost Allocation 2021-001
2021-002
Indirect Cost 2017-005
FINANCIAL STATEMENTS
2020-001
2018-018 - 2018-037
Information Technology (IT) General Controls 2017-016
None
CDBG HUD Findings
Information Technology (IT) General Controls
Information Technology (IT) General Controls
928
-13-
CITY OF OXNARD
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2022
FINDINGS AND QUESTIONED COSTS – MAJOR PROGRAMS
None
FINDINGS AND QUESTIONED COSTS – FINANCIAL STATEMENTS
None
929
-14-
CITY OF OXNARD
SCHEDULE OF PRIOR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2022
FINDINGS AND QUESTIONED COSTS – MAJOR FEDERAL PROGRAMS
2021-001 – Indirect Cost Allocation (SD)
CFDA Title and Number: 14.218 - Community Development Block Grants Name of Federal Agency: Department of Housing and Urban Development Internal Control over Compliance: Allowable Cost
Criteria: 2 CFR Part 200.414 requires that governmental entities support indirect costs with a cost allocation plan or an indirect cost proposal prepared in accordance with the Uniform Guidance. 2 CFR Part 200 Appendices III-VII contain the requirements for the development and submission of indirect cost rate proposals and cost allocation plans. A non-Federal entity that has never received a negotiated indirect cost rate, may elect to charge a de minimis rate of 10% of modified total direct costs.
Condition: The City does not have a cost allocation plan or an indirect cost proposal prepared in accordance with the Uniform Guidance. The City has not elected to use the 10% de minimis rate either.
The City charged $22,573 of liability insurance costs to Fund 285 based on a City cost allocation plan.
Cause: The City has not completed the indirect cost study that will comply with requirements of the Uniform Guidance for indirect cost.
Effect or Potential Effect: Indirect costs charged to the CDBG program may not eligible for reimbursement.
Questioned Cost: None, since the amount charged was less than 10% of the total cost.
Repeat of a Prior-Year Finding: 2017-005
Recommendation: The City should complete the central service cost allocation plan (as indicated in the Corrective Action for prior year finding 2017-005). It should include the cost allocation plan for indirect costs, including liability insurance, as required by Uniform Guidance.
City's Response 2022: The City has engaged the services of a consultant and has developed the central service cost allocation plan that includes a cost allocation method for indirect costs, such as liability insurance, in accordance with OMB's Uniform Guidance. The City plans to complete the indirect cost rate no later than April 2023.
Planned Implementation Date: The central service full cost allocation plan is complete and is being implemented with the FY 23-24 budget.
Responsible Person: Jim Costello, Financial Analyst III; Beth Vo, Assistant CFO EP's Comment 2022: In Progress.
(SD – Significant Deficiency)
930
SCHEDULE OF PRIOR AUDIT FINDINGS (Continued)
-15-
2021-002 – CDBG HUD Findings (SD)
CFDA Title and Number: 14.218 - Community Development Block Grants Name of Federal Agency: Department of Housing and Urban Development Internal Control over Compliance: Allowable Cost
Criteria: Recipients of CDBG grants are required to be in compliance with all requirements imposed by the U.S. Department of Housing and Urban Development at all times.
Condition: The City received fifteen findings and two concerns from the U.S. Department of Housing and Urban Development as part of the Fiscal Year 2021 Remote Monitoring Report for the Community Development Block Grant (CDBG) Program. HUD conducted the remote monitoring in order to assess the City’s performance and compliance with applicable requirements. This report covered grants B-18- MC-06-0534 and B-19-MC-06-0534 for $2,502,719 and $2,516,091, respectively.
A finding is a deficiency in program performance based on a violation of a statutory or regulatory requirement. A concern is a deficiency in program performance that is not based on a statutory or regulatory requirement but is brought to the City’s attention.
The following summarizes the findings:
1) Fair Housing Eligibility – The City did not provide sufficient documentation to support a subrecipient’s eligibility and national objective.
2) Fire Station Equipment and Vehicles – Fire station generators is an ineligible use of CDBG funds. 3) Citywide Homebuyer Loan Program – The City provided all participants a standard loan of $30,000 instead of limiting the amount of the loan to 50% of the required down payment as specified in CDBG regulations.
4) Conflict of Interest – The City provided a homeowner loan to a City employee and there was no evidence that the City determined whether a conflict of interest existed. 5) Time and Activity Sheets – The City did not provide documentation associating staff costs charged to specific CDBG program with eligible housing activities carried out. 6) Lead-Based Paint – The City’s rehabilitation program relies solely on a form signed by the City inspector indicating that the home was built after 1978 to determine when a property requires lead-based paint inspection, assessment and correction. 7) Procurement Written Policies and Procedures – The City’s purchasing policy manual did not address if cost plus a percentage of cost and percentage of construction cost methods of contracting were prohibited.
8) Procurement History – The City’s documentation was not sufficient to detail the procurement history to identify the rationale for the method of procurement, the selection of contract type, contract selection or reject, or the basis for the cost or price of the contract. 9) Procurement Procedures for Housing Services Programs and Fire Department – The City did not have policies to guarantee that environmental consultants are procured for based on qualifications. There was no evidence provided for the procurement of select fire department equipment and vehicles.
(SD – Significant Deficiency)
931
SCHEDULE OF PRIOR AUDIT FINDINGS (Continued)
-16-
10) Financial Standards -- HUD was unable to determine the account codes assigned to specific CDBG activities, CFDA title and grant number within the City’s accounting records. Without these, HUD was unable to identify the source and application of the CDBG award. 11) Source Documentation – Source documentation did not support all expenditure costs of select vouchers reviewed.
12) Record Retention and Access Policy – The City’s record retention and access policy did not comply with 2 CFR Part 200 requirements.
13) Protected Personally Identifiable (PII) Information – The City did not provide written documentation to support an internal control self-assessment nor measures to safeguard PII information.
14) Audit Costs – HUD was unable to determine if measures are in place to ensure HUD awards are charged no more than a reasonably proportionate share of the audit costs. 15) Equipment Records – The City’s equipment records do not comply with all requirements of 2 CFR Part 200.
Cause: The deficiencies were attributed by HUD to various causes including:
Not having updated policies and procedures for the CDBG programs The procurement policies and procedures needing to be revised to comply with 2 CFR Part 200 Not having the appropriate accounting codes to keep track of CDBG costs by activity/program/grant number
Not keeping complete documentation to support costs charged to CDBG.
Effect or Potential Effect: Various
Questioned Cost: None for current year. For prior years: $470,000 for Finding #2; $5,137.16 for Finding #11
Context: The U.S. Department of Housing and Urban Development conducted a routine monitoring assessment over a selection of CDBG grants administered by the City during program years 2018 and 2019, and determined that the City had fifteen findings which would require corrective actions, and two concerns for which they provided recommended actions.
Repeat of a Prior-Year Finding: No.
Recommendation: We recommend that the City continue to follow up with the U.S. Department of Housing and Urban Development in order to sufficiently meet the required corrective action plan.
City's Response 2022: The City believes it has sufficiently completed its Corrective Action Plan detailed in the City's two responses to U.S. Department of Housing and Urban Development (HUD) dated February 8, 2022 and July 1, 2022, respectively, for Fiscal Year 2021 Remote Monitoring and continues to follow up with HUD to receive confirmation that they are in agreement that the Corrective Action Plan was sufficiently completed.
Planned Implementation Date: Corrective Action completion dates varied by finding, with all Corrective Actions completed by May 9, 2022.
Responsible Person: Andrea Palmer, Grants Manager
EP's Comment 2022: Completed.
932
SCHEDULE OF PRIOR AUDIT FINDINGS (Continued)
-17-
2017-005 - Indirect Cost (SD)
CFDA Title and Number: 14.218 – Community Development Block Grants Name of Federal Agency: Department of Housing and Urban Development Internal Control over Compliance: Allowable Cost
Criteria: 2 CFR Part 200.414 requires that governmental entities support indirect costs with a cost allocation plan or an indirect cost proposal prepared in accordance with the Uniform Guidance. 2 CFR Part 200 Appendices III-VII contain the requirements for the development and submission of indirect cost rate proposals and cost allocation plans. A non-Federal entity that has never received a negotiated indirect cost rate, may elect to charge a de minimis rate of 10% of modified total direct costs.
Condition: The City does not have a cost allocation plan or an indirect cost proposal prepared in accordance with the Uniform Guidance. The City has not elected to use the 10% de minimis rate either.
The City charged in fiscal year 2016-2017 $76,912 of indirect costs to Fund 285 based on a City cost allocation plan.
Cause: The Finance Department was not aware of the requirements of the Uniform Guidance for indirect cost, and allocated cost to CDBG and posted the entry without consulting the grants administrator.
Effect or Potential Effect: Any indirect costs charged to the CDBG program are not eligible for reimbursement.
Questioned Cost: None
Context: The Housing Department discovered the error and did not claim reimbursement for the amount.
The amount was not included in the Schedule of Expenditures of Federal Awards.
Repeat of a Prior-Year Finding: 2015-060
Recommendation: The City should complete the central service cost allocation plan (as indicated in the Corrective Action for prior year finding 2017-005). It should include the cost allocation plan for indirect costs, including liability insurance, as required by Uniform Guidance.
City's Response 2022: The City has engaged the services of a consultant and has developed the central service cost allocation plan that includes a cost allocation method for indirect costs, such as liability insurance, in accordance with OMB's Uniform Guidance. The City plans to complete the indirect cost rate no later than April 2023.
Planned Implementation Date: The central service full cost allocation plan is complete and is being implemented with the FY 23-24 budget.
Responsible Person: Jim Costello, Financial Analyst III; Beth Vo, Assistant CFO EP's Comment 2022: In progress.
(SD – Significant Deficiency)
933
SCHEDULE OF PRIOR AUDIT FINDINGS (Continued)
-18-
FINDINGS AND QUESTIONED COSTS - FINANCIAL STATEMENTS
2020-001 – Information Technology (IT) General Controls (SD) Criteria: IT general controls (ITGC) are basic controls applied to IT systems. The objectives of ITGC are to ensure the integrity of data and processes that the IT systems support. ITGC have a pervasive effect on the City’s system of internal control over financial reporting.
Condition: We evaluated the design and implementation of ITGCs and noted 12 findings. We communicated such findings to the IT Department. Because those findings reveal vulnerabilities to, or otherwise increase the potential for an attack on, the information technology systems of the City, the details of the findings will not be published in this document. They will, however, be communicated to the City Council via a separate confidential written report.
Repeat of a Prior-Year Finding: 5 out of 12 were repeat findings Recommendation: Our recommendations will be communicated to the City Council via a separate confidential written report.
City’s Response 2022: The City’s corrective action plan will be communicated to the City Council via a separate confidential written report. The auditors will follow up on the City’s implementation of its corrective action plan in the next audit.
EP's Comment 2022: In progress
2018-018 – 2018-037 –Information Technology (IT) General Controls (SD) Criteria: IT general controls (ITGC) are basic controls applied to IT systems. The objectives of ITGC are to ensure the integrity of data and processes that the IT systems support. ITGC have a pervasive effect on the City’s system of internal control over financial reporting.
Condition: We evaluated the design and implementation of ITGCs and noted 20 findings. We communicated such findings to the IT department. Because those findings reveal vulnerabilities to, or otherwise increase the potential for an attack on, information technology systems of the City, the details of the findings will not be published in this document. They will however be communicated to the City Council via a separate confidential written report.
Repeat of a Prior-Year Finding: No
Recommendation: Our recommendations will be communicated to the City Council via a separate confidential written report.
City's Response 2022: The City's corrective action plan will be communicated to the City Council via a separate confidential written report. The auditors will follow-up on the City’s implementation of its corrective action plan in the next audit.
EP’s Comment 2022: In progress.
(SD – Significant Deficiency)
934
SCHEDULE OF PRIOR AUDIT FINDINGS (Continued)
-19-
2017-016 - Information Technology General Controls (SD) Criteria: The City should establish and implement comprehensive data security controls to protect sensitive data, mitigate risks to confidentiality, and ensure the integrity and availability of data in the City's information systems.
Condition: We found deficiencies in data security controls. We communicated such findings to the IT department. Because those findings reveal vulnerabilities to, or otherwise increase the potential for an attack on, information technology systems of the City, the details of the findings will not be published in this document. They will however be communicated to the City Council via a separate confidential written report.
Recommendation: Our recommendations will be communicated to the City Council via a separate confidential written report.
City's Response 2022: The City's corrective action plan will be communicated to the City Council via a separate confidential written report. The auditors will follow-up on the City's implementation of its corrective action plan in the next audit.
EP’s Comment 2022: In progress.
(SD – Significant Deficiency)
935
Single Audit Report for
Fiscal Year Ended June 30, 2022
City Council
April 13, 2023
936
1 Introduction
2 Schedule of Expenditures of Federal
Awards (SEFA)
3 Major Program
4 Internal Control Findings
AGENDA
City Council | April 13, 2023
937
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council | April 13, 2023 Introduction
•Single Audit Report
•Internal Control Report Required by Government Auditing Standards • Report on Compliance for Each Major Program
• Report on Internal Control on Internal Control over Compliance • Report on the Schedule of Expenditures of Federal Awards 1 938
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council | April 13, 2023 Schedule of Expenditures of Federal Awards (SEFA)
• Total Expenditures $34.596M
• Major Programs 1
• Total Programs 19
2 939
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council | April 13, 2023 Major Program
Coronavirus
State & Local
Government
Fiscal
Recovery
Fund (CSLFRF
aka ARPA
fund)
3 Program Total Program Expenditures Provided to Subrecipients Direct from US Department of Treasury $ 27,007,177 $ 565,000 Passed through California Water Resources Control Board 1,282,121 - $ 28,289,298 $ 565,000
Eligible Uses
Revenue loss offset $ 21,232,682
Premium pay 1,396,800
Capital outlay 2,406,603
Water arrearage payment program 1,026,077
Wastewater arrearage payment program 256,044
Other 1,971,092
$ $28,289,298
940
Measure O Citizen Oversight Board Meeting | January 27, 2022 City Council | April 13, 2023 •No internal control findings in FY2022
•Prior year findings
•Federal awards – Resolved
•2021-001 Indirect Cost Allocation
•2021-002 CDBG HUD Findings
•2017-005 Indirect Cost
•Financial Statements – In Progress
•2020-001Information Technology (IT) General Controls
Internal Control Findings 4
941
THANK
YOU!
Eden C. Casareno
[email protected]
909.809.7662
942