Agenda packet — Oxnard City Council, April 13, 2023 (part 1 of 6)

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

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Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 13, 2023
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
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2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 13, 2023 PAGE 2
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In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internetbased service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. APPOINTMENT ITEMS (5:00 PM)

1. SUBJECT: Water Supply Update by Calleguas Municipal Water District

2. SUBJECT: Transit Integration and Efficienty Study (TIES) - 5:30 PM C. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of April 2023 as "Fair Housing Month".

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 13, 2023 PAGE 3
occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

J. INFORMATION/CONSENT AGENDA

1. Community Development Department
SUBJECT: Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek.

RECOMMENDATION: That the City Council approve and authorize the execution of the Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek, increasing the total Agreement amounts to $750,000 and Agreement end dates by an additional two years.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

2. Community Development Department
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3026 approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and

2. Adopt Ordinance No. 3027 approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), subject to certain findings.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 13, 2023 PAGE 4

3. Community Development Department
SUBJECT: Project Name: RiverPark Boulevard Electronic Billboard Project; Located on an approximately 0.25-acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (APN: 132-0-311-075) and along the Ventura Freeway (Highway 101) in the RiverPark Specific Plan area.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3024 approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and

2. Adopt Ordinance No. 3025 approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), subject to certain findings.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

4. Community Development Department
SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance: The project location is the U.S. Highway 101 adjacent property within the City of Oxnard City limit.

RECOMMENDATION: That the City Council Adopt Ordinance No. 3023 approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882

5. Housing Department
SUBJECT: Accessibility Remodel Project at Althea Site.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize the execution of the firm-fixed price contract in the amount of $583,001.87 with MDJ Management, LLC (Agreement number A-8522) using funds previously appropriated from the 2022 Capital Fund grant for Section 504 compliance with the Americans with Disabilities Act for property located at 1357 Althea Drive. (The Community Services, Public Safety, Housing & Development Committee approved 3-0.) Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
K. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Project Name: 2420 Oxnard Boulevard U-Haul Project;. Located at 2420 N. Oxnard Boulevard; APNs: 142-0-010-345 and 142-0-021-010. (45 minutes) RECOMMENDATION: That the City Council:

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

Option 1 – Planning Commission Recommendation – Applicant Original Request (with staff 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 13, 2023 PAGE 5
recommended phasing condition):
a. Adopt Resolution No. 2023-XX adopting a Mitigated Negative Declaration (MND) 22-04 and Mitigation Monitoring Reporting Program (MMRP); and b. Adopt a resolution approving Planning and Zoning Permit No. 17-500-11 (Special Use Permit), based on the findings presented and attached conditions of approval.

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.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6_koDP2ui7M
Legislative Body: City Council
Contact: Maureen Tamuri, (805) 385-7882
L. REPORTS

1. Finance Department
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).

Legislative Body: City Council
Contact: Denise Olson, (805) 200-5400
M. ADJOURNMENT
5 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. B.1
DATE: April 13, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Water Supply Update by Calleguas Municipal Water District

RECOMMENDATION

BACKGROUND

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.

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

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
(identify accounts and remaining fund balance)
OR
There is no financial impact.

COMMITTEE OUTCOME
6 The ______ Committee approved 3-0 on DATE to approve the staff recommendation and to forward the item for Council approval.

OR
This item did not originate in Committee.

Prepared by: Dee Lai, Assistant City Clerk

ATTACHMENTS
None
7 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1
DATE: April 13, 2023
TO: City Council
FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek.

RECOMMENDATION
That the City Council approve and authorize the execution of the Second Amendment to Agreement No. 9062-20-CD with Rincon Consultants, Inc., Second Amendment to Agreement No. 9077-20-CD with Environmental Science Associates, and First Amendment to Agreement No. 9078-20-CD with Dudek, increasing the total Agreement amounts to $750,000 and Agreement end dates by an additional two years.

BACKGROUND
The City entered into Agreements with Rincon Consultants Inc. (“Rincon”), Environmental Science Associates (“ESA”) and Dudek between December 1, 2020 and January 1, 2021, in the amount of $200,000 for a term of three years. The firms were selected following a Request for Qualifications procurement which drew 14 respondents.

Rincon: The Agreement was executed in the amount of $200,000 on December 1, 2020, expiring December 1, 2023. The First Amendment increasing the total Agreement amount to $400,000 was issued on May 3, 2022. There is currently approximately $100,000 remaining in the Agreement, which will expire in 8 months.

ESA: The Agreement was executed in the amount of $200,000 on January 1, 2021, expiring January 1, 2024. The First Amendment increasing the total Agreement amount to $300,000 was issued on May 3, 2022. There is currently approximately $80,000 remaining in the Agreement, which will expire in 9 months.

Dudek: The Agreement was executed in the amount of $200,000 on January 1, 2021, expiring January 1, 2024. There is currently approximately $20,000 remaining in the Agreement, which will expire in 9 months.

The firms provide planning application reviews as required by California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) law. Tasks for environmental reviews of private project applications are paid for with applicant funds placed on deposit, and account for the majority of services rendered by these firms.

DISCUSSION
Environmental analysis of projects by professional CEQA/NEPA consultants provides decision makers with a comprehensive picture of a proposed project’s benefits and impacts. The use of specialty environmental consultants to review possible impacts resulting from a proposed project’s noise, traffic, hazardous materials, greenhouse gas emissions, air quality and traffic directly supports community health, safety and welfare goals.

Amendments are now required for all three Agreements due to significant increases in the proposals for task services, a 8 trend noted by other cities as well. These increased costs are driven by new State CEQA review requirements, additional senior consulting staff needs, general labor rate increases and increased time for reviews and document processing. By way of example, current proposals for CEQA documents range between $80,000 and $110,000, an increase of 100% over the past 4 years. Because the remaining time and cost capacity in the Agreements does not permit Staff to issue tasks for new application reviews, Staff recommends Amendments which would 1) extend the Agreement end dates by an additional two years, and 2) increase the total Agreement amount to $750,000 each. This action would address industry cost increases and additional CEQA/NEPA efforts, allowing staff to timely process current and future applications. In addition, increasing the contract to $750,000 for each of the three contracts allows for flexibility in the selection of consultants for individual projects, which is important in the event of conflicts of interest that may arise.

If approved, the Amendments would 1) allow for uninterrupted completion of project CEQA efforts underway, 2) create capacity for additional work tasks required by new project applications, and 3) accommodate a portion of the Department's future submittal forecast of 6-10 larger projects within this period.

The proposed change to each Agreement is summarized as follows:

Rincon: The proposed amendment would increase this existing contract amount by $350,000, to a total agreement amount of $750,000. The contract would be extended to January 1, 2026.

ESA: The proposed amendment would increase this existing contract amount by $450,000, to a total agreement amount of $750,000. The contract would be extended to January 1, 2026.

Dudek: The proposed amendment would increase this existing contract amount by $550,000, to a total agreement amount of $750,000. The contract would be extended to January 1, 2026.

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

FINANCIAL IMPACT
No budget appropriation is being requested. The various funding sources used to pay for this Amendment to the Agreement include the developer deposits, grant funds, and funding from other City departments. The Planning Department is not proposing to utilize any General Fund money for the contract amendments. Funding for services under these Agreements are collected from applicants, and deposited to an account from which invoices are paid.

COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 28, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager, Sabrina Rodriguez, Management Analyst III

ATTACHMENTS

1. Second Amendment Rincon CEQA 02.15.23

2. Second Amendment ESA CEQA 02.15.23

3. First Amendment Dudek CEQA 02.15.23
9 Agreement No. 9062-20-CD

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this day of , 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Rincon Consultants, Inc. (“Consultant”). This Second Amendment amends the Agreement entered into on December 1, 2020, by City and Consultant. The Agreement previously has been amended on May 3, 2022 by a First Amendment.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page is hereby amended to “January 1, 2026”.

2. The amount in Section 6 of the Cover Page is hereby amended to “$750,000”.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
10 Agreement No.
9062-20-CD
IN WITNESS WHEROF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD CONSULTANT
John C. Zaragoza, Mayor1 Date Jennifer Haddow, Principal/ Date Vice President2
John F. Dreher Jr., President/ Date
CEO
ATTEST:

Rose Chaparro, City Clerk Date
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney Date
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
11 Agreement No. 9077-20-CD

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this day of , 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Environmental Science Associates (“Consultant”). This Second Amendment amends the Agreement entered into on January 1, 2021, by City and Consultant. The Agreement previously has been amended on May 3, 2022 by a First Amendment.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page is hereby amended to “January 1, 2026”.

2. The amount in Section 6 of the Cover Page is hereby amended to “$750,000”.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
12 Agreement No.
9077-20-CD
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD CONSULTANT
John C. Zaragoza, Mayor1 Date Terri Avila, Vice President/ Date Practice Leader2
Albert Cuisinot, CFO Date
ATTEST:

Rose Chaparro, City Clerk Date
APPROVED AS TO FORM:

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendment (“First Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this day of , 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Dudek (“Consultant”). This First Amendment amends the Agreement entered into on January 1, 2021, by City and Consultant.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page is hereby amended to “January 1, 2026”.

2. The amount in Section 6 of the Cover Page is hereby amended to “750,000”.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
14 Agreement No.
9078-20-CD
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD CONSULTANT
John C. Zaragoza, Mayor1 Date Joseph Monaco, President and Date CEO2
Emily Hart, Assistant Secretary Date
ATTEST:

Rose Chaparro, City Clerk Date
APPROVED AS TO FORM:

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2
DATE: April 13, 2023
TO: City Council
FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area.

RECOMMENDATION
That the City Council:

2. Adopt Ordinance No. 3027 approving Planning and Zoning Permit No. 20-670-05 (Development Agreement No.

A-8516), subject to certain findings.

BACKGROUND
Ordinance Nos. 3026 and 3027 were introduced to the City Council at its March 21, 2023 meeting. Following a public hearing, the Council introduced the ordinances for first reading by title only, waiving further reading. At the hearing, the City Council was presented with one recommendation containing two options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed the development of the proposed Freeway Oriented Electronic Billboard and associated request, included the proposed Development and Lease Agreement as revised to include the following:

1. To include the right for the City to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.

2. Revised the name of the “Oxnard Chamber of Commerce” to the “West Ventura County Business Alliance”.

The applicants, Outfront Foster Interstate, LLC. (“Applicant” or “Developer”) agreed to the amended language to the Development and Lease Agreement. The City Council then voted to adopt Mitigated Negative Declarations (MND 22-02 and 22-03), adopt a Resolution Approving Planning and Zoning Permit No. 20-500-06, adopt a resolution declaring its intention to vacate its right, title and interest in an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard, and introduce the Ordinances, as amended, with a vote of 5-1 for first reading by title only, waiving further reading. If adopted by Council on April 13, 2023, the ordinance will take effect thirty days thereafter.

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

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

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Planning Commission (Commission), therefore this item did not originate in Committee.

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

ATTACHMENTS

1. Ventura Road Staff Report (Council) 3.21.23

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

3. Draft Ordinance Approving PZ Permit No. 20-670-05 (Development Agreement) 17 CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.7
DATE: March 21, 2023
TO: City Council
FROM:

Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Ventura Road Electronic Billboard Project; Located on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard. APN: N/A and along the Ventura Freeway (Highway 101) in The RiverPark Specific Plan area. (30 minutes)

RECOMMENDATION
That the City Council:

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

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

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

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

BACKGROUND
EXECUTIVE SUMMARY:

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

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

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

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

On February 2, 2023, the Planning Commision first took action on a proposed Freeway Adjacent Digital Billboard Ordinance (Ordinance). The Commission made numerous changes to the Ordinacne, which made the subject SUP inconsistent with the Ordinance. At the February 2, 2023 Commission hearing, the Commission denied, and recommended Council denial, of the Subject permits. Based on the denial of the Special Use Permit and recommendations on the other permits, the Commission could not find the street vacation in conformance with the 2030 General Plan.

However, in their motion, the Commission stated that should the City Council approve the Freeway Adjacent Digital Display Billboards Ordinance as originally proposed by City Staff, which would allow for this billboard they would be in support of this proposed Project. This would include finding it consistent with the 2030 General Plan.

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

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

2. Compliance with State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety;

3. Consistency with the general plan, zoning, and the environmental review, specifically the lighting impacts which does not allow an increase in illumination at any residentially zoned property by more than 0.5 footcandles, which is deemed negligible. (This is further discussed in the “Key Projects Concerns” section of this report).

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

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

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

BACKGROUND:

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

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

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

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

PROJECT REQUESTS:

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

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

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

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

2. Development Agreement
The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City, such as revenue sharing. As proposed these include:
● Term - Thirty (30) years.
● Monetary Payment - The Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,000 per year (approximately $4.5M - $8.4M over the term of the agreement). ● City Usage of the Billboard - To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.
● Emergency Notifications - Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
● Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members - Oxnard Auto Dealers and members of the Oxnard Chamber of Commerce shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.
● Prohibitions - Any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law. 21 3. Specific Plan Amendment
The proposed Project requires an amendment to the RiverPark Specific Plan. to add Freeway Adjacent Digital Display Billboards within the Commercial Master Plan of the RiverPark Specific Plan. The specific revisions to the Specific Plan text identify minimum and maximum lot dimensions as well as size and spacing of the billboards. These revisions are consistent with the staff recommended Freeway Adjacent Digital Display Billboards Ordinance that is required to be approved prior to approval of the proposed Project. The Specific Plan Amendment was analyzed under MND 22-02.

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

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

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

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

The MND was available for public review from June 30, 2022, and ended on July 29, 2022. The City of Oxnard received four comment letters on the Draft MND. The comment letters and responses to each comment have been prepared and included in the Final IS/MND. Comments provided will be considered by the decision-making body in accordance with CEQA Guidelines, Section 15074(b).
22 With the inclusion of the mitigations for the areas noted above, the Project will not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and a monitoring program in accordance with the provisions of CEQA.

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

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

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

KEY PROJECT CONCERN
Visual Impacts on View Corridors
Concerns were raised by Commissioners and members of the public regarding visual impacts to the Highway 101 corridor.

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

FINANCIAL IMPACT
If option 1 is selected, the Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,000 annually. Revenue receipt is dependent on construction timing, but would be anticipated in Fiscal Year 2023-24 at the earliest.
23 COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Planning Commission (Commission), therefore this item did not originate in Committee.

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

On February 2, 2023, all six members of the Planning Commission were present. The Commissioners who were not present on January 19, 2023 confirmed they reviewed the staff materials and watched the video of the Commission’s January 19 meeting. One of the Commissioners who was previously present on January 19th, was absent on February 2nd.

On February 2, 2023, the Commission voted 6-0 (with one commissioner absent), to adopt a resolution denying the Special Use Permit and recommending denial of the Specific Plan Amendment, Street Vacation, and Development Agreement to the City Council. While as noted above the Commission was required to deny the project based upon the recommended changes to the ordinance, some of the commissioners did raise concern about the Project’s visual impacts.

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

ATTACHMENTS

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

2. Final IS-MND 22-02

3. Final IS_MND 22-03

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

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

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

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

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

9. Draft City Council Resolution of Intent

10. Ventura Road Electronic Billboard Project CCPresentation 24 ORDINANCE NO. 3026

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

WHEREAS, on September 10, 2002 the City Council approved the entitlements for the RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, the City Council approved the first amendment request (PZ 02-630-05) on October 22, 2002, which amended the Specific Plan to include regulations for temporary uses; and
WHEREAS, the City Council approved the second amendment request (PZ 03-630-03) on July 27, 2004, allowing a minor change in the land use designation on a small parcel from Open Space to Commercial; and
WHEREAS, the City Council approved the third amendment request (PZ 09-630-09) on April 14, 2009, allowing a freeway-oriented pylon sign subject to approval of a Design Development Review permit (DDR) by the Development Services Director; and WHEREAS, the City Council approved the fourth amendment (PZ 10-630-02) on June 14, 2011, and allows three freeway oriented monument signs subject to approval of a DDR, and an electronic digital display panel for the pylon sign, subject to subsequent approval of a Special Use Permit; and
WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RiverPark Specific Plan to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and WHEREAS, the City Council approved the seventh amendment (PZ 20-630-01) on March 15, 2022, which allowed for the option to develop up to 1,025 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios; and
WHEREAS, the Planning Commission of the City of Oxnard has considered the proposed map and text amendment to Pages 3.7, 3.22, 5.9, and 5.23 of the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan (herein referred to as the “Project”); and 25 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for Specific Plan Amendment No. 8 (PZ 20-630-02) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information and deliberated the merits of the Project. The Planning Commission voted to deny the Project and not allow Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan, subject to the preparation of a written resolutions of denial to be considered at the Planning Commission meeting on February 2, 2023; and WHEREAS, the Planning Commission found, after due study, deliberation and a duly noticed public hearing on February 2, 2023, and received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, and that the project, as amended, meets the criteria set out in Chapter 16-575 of the Oxnard City Code; and
WHEREAS, the Planning Commission adopted Resolution 2022-07 recommending that the City Council deny Planning & Zoning Permit No. 20-630-02 (Specific Plan Amendment); and
WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the request to approve Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment), both as originally proposed by the Applicant and as recommended by the Planning Commission, in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and
WHEREAS, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than 26 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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

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

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

1. As outlined in Section 6(b) and Attachment F of the January 19, 2023 Planning Commission Staff report “Staff Report”, the proposed Specific Plan Text Amendment is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

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

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

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

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

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

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

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

SECTION 3. The City Council finds that the Riverpark Specific Plan Amendment will not 27 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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

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

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

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

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

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

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

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

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3026 was first read on March 21, 2023, and finally adopted on April 13, 2023 to become effective thirty days thereafter. 28 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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PASSED AND ADOPTED this 13th day of April, 2023 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
29 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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EXHIBIT A
SPECIFIC PLAN AMENDMENT TEXT Changes

PROPOSED AMENDMENTS TO CITY OF OXNARD

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

LOT DIMENSIONS
Lot Area Min: 1,000 SF Max: 15,000 SF
Lot Width Min: 10’ Max: 300’
30 RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02) Ordinance No. 3026

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Lot Depth Min: 40’ Max: 100’

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

5.5 EDGES AND BUFFERS STANDARDS

5.5.2 Design Concept for Edges and Buffers

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

5.9 SIGNAGE STANDARDS
[. . .]

5.9.3.11 Freeway Adjacent Digital Display Billboards
Freeway Adjacent Digital Display Billboards, as defined in the Oxnard City Code (OCC) shall be allowed in Planning Districts A and E, subject solely to the applicable regulations and procedures of OCC Chapter 9 Article IX. Advertising Signs. 31 ORDINANCE NO. 3027

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

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

OUTFRONT FOSTER INTERSTATE, LCC REGARDING PROPERTY
LOCATED ON THE NORTH SIDE OF THE U.S. 101 AND IMMEDIATELY

WEST OF VENTURA ROAD IN THE NORTHERN PORTION OF THE CITY OF OXNARD. (APN: N/A). FILED BY LARS SKUGSTAD, 1111 BROADWAY, SUITE 1515, OAKLAND, CA 94607 (THE “APPLICANT”) ON BEHALF OF THE CITY OF OXNARD (THE “PROPERTY OWNER”).

WHEREAS, on October 15, 2020, Lars Skugstad (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit Nos. 20-500-06 (Special Use Permit), 20-670-05 (Development Agreement), and 21-660-03 (Street Vacation) to allow for the installation and operation of an electronic billboard on an approximately 1,000-square foot undeveloped site located on the north side of the U.S. 101 and immediately west of Ventura Road in the northern portion of the City of Oxnard; and WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) considered an application for Planning and Zoning Permit No. 20-670-05 (“Project”), a Development Agreement and Lease of Property between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”) (collectively referred to “Applicant” or “Developer” in the record of proceedings); and WHEREAS, the Development Agreement and Lease of Property (DA) shall allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City. The proposed DA is included in Exhibit A to this Ordinance and incorporated herein by this reference; and WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement and Lease of Property (PZ 20-670-05) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on February 2, 2023; and
WHEREAS, the Planning Commission adopted Resolution 2023-10 recommending that the City Council deny Planning & Zoning Permit No. 20-670-05 (Development Agreement); and
32 Ordinance No. 3027
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WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider both the request to approve Planning and Zoning Permit No. 20-670-05 (Development Agreement), both as originally negotiated with the Applicant and as recommended by the Planning Commission in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and
WHEREAS, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include: (BIO-1 and BIO-2) conducting a pre-construction survey for active bird nests and conducting focused protocol nest survey for least Bell’s vireo, and (CR-1 and CR-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining significant impacts would occur. With respect to Aesthetics, although less than significant lighting impacts would occur, the MND includes mitigation measures that are recommended to further reduce less than significant light impacts. These measures include: (AES-1 and AES-2) allowing for remote shut off in the event of malfunction and conducting illumination level verification tests; and WHEREAS, pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 22-03 prepared for the Project. The Final IS/MND 22-03 is an accurate and complete statement of the potential environmental impacts of the project.

The Final IS/MND 22-03 was prepared under the direction of the City of Oxnard Planning Division and reflects its independent judgment and analysis of the environmental impacts.

WHEREAS, the City Council considered Final IS/MND 22-03 prior to making determinations on the Project; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement and Lease of Property is consistent with the 2030 General Plan; and
WHEREAS, the pursuit of the Development Agreement and Lease of Property is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and 33 Ordinance No. 3027
Development Agreement (PZ 20-670-05)
Development Agreement No. A-8516

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

1. As outlined in Section 6(b) and Attachment F of the January 19, 2023 Planning Commission Staff report “Staff Report”, the proposed Development Agreement and Lease of Property is in conformance with the 2030 General Plan and other adopted policies of the City of Oxnard;

2. As determined in the Final IS/MND 22-03, the proposed Development Agreement of Lease of Property will not adversely affect or be materially detrimental to adjacent land uses, buildings or structures or to the public health, safety or general welfare;

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

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

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

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

SECTION 3. The City Council finds that the Development Agreement and Lease of Property will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
SECTION 4. The City Council finds that the project site associated with the Development Agreement and Lease of Property is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the development that would be authorized for the project site by the proposed Development Agreement and Lease of Property is the best use 34 Ordinance No. 3027
Development Agreement (PZ 20-670-05)
Development Agreement No. A-8516

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for the subject project site.

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

SECTION 7. In recommending adoption of this ordinance for the Development Agreement and Lease of Property, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because Final MND No. 22-03 was considered by the Planning Commission at the public hearing for the Development Agreement and Lease of Property.

The Final MND No. 22-03 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. With implementation of the MND No. 22-03 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Based on the findings set forth herein, the City Council approves Planning and Zoning Permit No. 20-670-05 (Development Agreement No. A-8516), Exhibit A, hereto attached.

SECTION 9. Planning and Zoning Permit No. 20-670-05 (Development Agreement No.

A-8516) is approved pursuant to Exhibit A.

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

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3027 was first read on March 21, 2023, and finally adopted on April 13, 2023 to become effective thirty days thereafter.

PASSED and ADOPTED this 13th day of April 2023, by the following vote:
35 Ordinance No. 3027
Development Agreement (PZ 20-670-05)
Development Agreement No. A-8516

Page 5 of 6 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
36 Ordinance No. 3027
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Development Agreement No. A-8516

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EXHIBIT A

DEVELOPMENT AGREEMENT
37 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY

THIS DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY
(“Agreement”) is made in Ventura County, California as of April 13, 2023 by and between the CITY OF OXNARD, a municipal corporation of the State of California (“City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”). The City or OFI may be referred to individually as a “Party” and collectively as the “Parties.”

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

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

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

D. City and OFI each mutually desire to enter into this Agreement to permit and ensure that a portion of the ENA Property, which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit B attached hereto and incorporated herein by this reference (“Property”), is developed with a double-sided freeway oriented digital Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 38 billboard (hereafter, the “Project”), and that such billboard is developed strictly in accordance with the provisions of this Agreement, the Project Approvals (defined below), and associated entitlements.

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

F. To comply with the California Environmental Quality Act (“CEQA”), on March 21, 2023, at a duly noticed public hearing, the City Council adopted the Mitigated Negative Declaration (SCH #2022060700), as described more fully in Resolution ______, adopted a Mitigation, Monitoring, and Reporting Plan, and made the required CEQA findings.

G. On March 21, 2023, at a duly noticed public hearing, the City Council approved a Special Use Permit for the Project, contingent on City Council approval of this Agreement. Previously, the Planning Commission recommended that the City Council deny this Agreement by ordinance.

H. On March 21, 2023, the Oxnard City Council (“City Council”), having received the Planning Commission’s recommendation, held a duly noticed public hearing and introduced the ordinance to approve this Agreement. On April 13, 2023 the City Council adopted Ordinance _________ approving the Agreement.

I. The Planning Commission of the City (the “Planning Commission”) and City Council have each given notice of their intention to consider this Agreement, have each conducted the required public hearings thereon. While the Planning Commission did not recommend approval of this Development Agreement and the related environmental analysis and Special Use Permit, the City Council found that the provisions of this Agreement are consistent with the City of Oxnard General Plan for development within the City, City zoning ordinances, and the Specific Plan. The City Council has also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region.

NOW, THEREFORE, in consideration of the foregoing Recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and OFI agree as follows:
2 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 39 AGREEMENT

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

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

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

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

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

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

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

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

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

1.9 “Hazardous Materials” means any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos-containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof.
3 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 40 1.10 “Hazardous Materials Laws” means all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

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

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

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

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

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

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

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

1.18 “Project Approvals” shall mean and refer to the Special Use Permit approved on March 21, 2023.

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

3. Tolling for Third Party Lawsuit. If any third party files a lawsuit to challenge this Agreement, the City’s CEQA determination made in connection with its consideration of this Agreement and/or the Project Approvals (each, a “Third-Party Lawsuit”), OFI may request that the Initial Term be tolled during the pendency of the Third-Party Lawsuit by providing a written notice (“Tolling Notice”) to City within thirty (30) days after the commencement of the Third-Party Lawsuit, and said request shall be granted by City. The tolling of the Initial Term shall automatically begin upon City’s receipt of the Tolling Notice, and it shall end on the earliest of the following to occur: (A) the date on which a court issues a final judgment in the Third-Party Lawsuit and the expiration of all appeal period(s) following that judgment; (B) the 4 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 41 date the Third-Party Lawsuit is dismissed; or (C) three (3) years from the date of issuance of the Tolling Notice.

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

5. Implementation and Development of the Project.

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

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

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

7. Rent.

Term Rent
5 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 42 Years 1-30 $150,000
(b) Manner of Payment. An annual prorated share of the MAG is due and payable on a calendar quarter basis, commencing within forty-five (45) days of the Operational Date and within ten (10) days following the beginning of each calendar quarter occurring thereafter without notice, demand, offset or deduction. OFI shall remit the MAG to City at the address designated by City in writing to OFI for the payment of Rent. For any portion of the Initial Term that is less than a full calendar quarter, the MAG shall be prorated based on the number of days occurring during such calendar quarter and actual number of days in such calendar quarter.
(i) Late Charge. If OFI fails to pay any installment of MAG within ten (10) calendar days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance; provided, however, OFI shall not be assessed with the foregoing late payment charge with respect to the first (1st) late payment in any consecutive twelve (12) month period unless and until OFI fails to make such payment to City within three (3) business days after written notice from City that it failed to receive such amounts within the time period set forth above.

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

7.2 Additional Consideration
(a) Percentage Rent. To the extent that the MAG for the 12-month period commencing on the Operational Date or anniversary of the Operational Date (“Agreement Year”) during the Initial Term is less than 30% of the Annual Net Revenue for that Agreement Year (the difference being referred to herein as “Percentage Rent”), OFI shall pay to City, in 6 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 43 addition to the MAG, within thirty (30) days after the end of the relevant Agreement Year, and to the extent applicable, the Percentage Rent.
(i) Reports. OFI shall furnish to City an annual statement of Annual Net Revenue within thirty (30) days after the end of each Agreement Year. Such statement shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by a duly authorized officer of OFI. OFI shall keep and make available at its local office at Outfront Media, 1520 N. Cahuenga Blvd., Los Angeles, California 90028 complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing the Annual Net Revenue, including without limitation, materially accurate records of every sale and other transaction made for any advertising display on the Billboard and any commissions paid by OFI pursuant to this Agreement. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of no less than four (4) years after the end of each Agreement Year. The receipt by City of any statement, or any payment of Percentage Rent for any period, will not bind City as to the correctness of the statement or payment. (ii) Inspection and Audit. City, at its sole option, will be entitled, at any time and from time to time during the Initial Term and during normal business hours and with prior written notice to OFI, to inspect, examine, copy and audit OFI's books, records and cash receipts as related to Annual Net Revenue. OFI shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each Agreement Year and once after the termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis. The audit will be conducted during usual business hours at OFI’s office located at Outfront Media, 1520 N. Cahuenga Blvd., Los Angeles, California 90028, unless another location is mutually agreed upon. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then OFI shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that OFI understated Annual Net Revenue by more than three percent (3%) in which case OFI will pay all reasonable out-of-pocket costs paid to third party consultants and incurred by City in connection with the audit. (b) City Usage. City shall have the right to use 2 out of 16 spots (1 spot per face) for the Billboard (such usage “City Usage”). Content displayed on the Billboard in connection with City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Billboard in increments, at the times of day and otherwise in the same manner as the commercial advertising displayed by OFI on the Billboard. Subject to the terms of this Agreement, City may use such time to promote any purpose that City, in its sole discretion determines best serves the needs of the City and residents, including but not limited to advertising City events and programs. City will submit “camera ready” artwork to OFI, at no cost to OFI, for display purposes. City agrees that for any City Usage City will provide OFI with prior written notice of its desire for City Usage, City will provide OFI with the copy or text of such messages not less than ten (10) business days prior to the date such messages are to appear on the Billboard, and City Usage shall be limited to messages for the civic and public purposes described in this Section and will not be used directly or indirectly for any types of messaging or 7 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 44 advertising which OFI would otherwise be able to sell to third parties in the ordinary course of OFI’s business. City represents and warrants that all advertising materials and content supplied by City to OFI for display in connection with City Usage, (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity, (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which the parties may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are not false; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. City hereby agrees to indemnify, defend and save harmless OFI against any and all claims, liabilities, losses, damages, fees and expenses arising out of or in connection with the City Usage, including but not limited to any claim for defamation, or infringement of any copyright, trademark, or other intellectual property or privacy right and reasonable attorneys’ fees and expenses incurred in defending any such claims.
(c) Emergency Notifications. Without any offset in the City Usage described above and at no cost to the City and as further consideration for the use and occupancy of Property, Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
(d) Discount for Oxnard Auto Dealers and West Ventura County Business Alliance Members. For the Initial Term of this Agreement, Oxnard Auto Dealers and members of the West Ventura County Business Alliance shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.

8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 8 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 45 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity. OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.

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

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

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

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

13. Events of Default; Early Termination.

13.1 Defaults by OFI. OFI will be in default under this Agreement (“Default”) upon occurrence of any of the following:
9 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 46 (a) OFI is at any time late in the payment of Rent or any other monetary sum called for by this Agreement and fails to make payment within thirty (30) days following a written notice to cure from City to OFI; or (b) OFI fails to keep and perform any of its other covenants or agreements contained in this Agreement and such failure continues for more than thirty (30) days after a written notice to cure from City to OFI specifying, the obligation which OFI has failed to perform. Where it will reasonably take OFI more than thirty (30) days, as calculated from receipt of written notice from the City to cure the default and come into compliance with applicable covenants or agreements, the 30-day period shall be extended for a reasonable time to allow OFI to come in to compliance and OFI shall be in Default under this Agreement if it has failed to commence such cure within such 30-day period and has failed to diligently pursue completion of such cure; or
(c) After receipt of a written notice to cure from the City, OFI fails to cure within thirty (30) days and abandons and ceases to use the Property OFI; or (d) The Billboard is not Operational by the one (1) year anniversary of the later of: (i) OFI’s receipt of approval from Caltrans for the Caltrans Permits, and (ii) OFI’s receipt of all other approvals, permits and entitlements and associated CEQA review from the City and any other relevant responsible agencies for construction and other work related to the Billboard. The one (1) year anniversary shall, however, be tolled in the event of the filing of third party lawsuits, initiatives, or referenda, as specified in Sections 3 and 4.

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

13.3 City Remedies Cumulative. Each right and remedy of City provided for herein will be cumulative and will not preclude City from exercising any other rights or remedies provided for in this Agreement. No payment by OFI of a lesser amount than the Rent nor any 10 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 47 endorsement on any check or letter accompanying any check or payment of Rent will be deemed an accord and satisfaction of full payment of Rent; and City may accept such payment without prejudice to City’s right to recover the balance of such Rent or to pursue other remedies.

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

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

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

13.7 OFI’s Early Termination Rights. OFI may terminate this Agreement effective 30 days after OFI gives the City written notice of termination, if any of the following circumstances occur:
(a) The view of the Billboard’s display area from the portion of U.S. 101 adjacent to the Property is materially obstructed, and OFI did not cause the obstruction. (b) OFI cannot safely use the Property to renovate, operate, maintain, repair, or improve the Billboard because of a non-remediable condition, and OFI did not cause the condition.
(c) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of U.S. 101 adjacent to the Property, and the diversion or disruption continues uninterrupted for at least six (6) consecutive months. (d) Through no fault of its own, OFI cannot obtain or maintain the governmental permits required to construct, operate, maintain, and repair the Billboard, including the Caltrans Permits and City permits, or there is a legal challenge to such permits and approvals, including, but not limited to, any challenges under CEQA, and OFI elects, in its sole 11 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 48 discretion, not to oppose such challenges, OFI may withdraw its applications for approval and terminate this Agreement.
(e) Use of the Billboard for its intended purpose is prevented or limited by law, or OFI is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Billboard from the Property. (f) The City is in default of this Agreement, and said default is not timely cured.

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

14. Insurance.

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

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

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

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

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

15. City’s Right to Enter and Inspect the Property. City and its authorized representatives will have the right to enter upon and inspect the Property at reasonable times (and 12 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 49 on no less than forty-eight (48) hours’ notice) to determine OFI’s compliance with this Agreement.

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

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

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

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

20. Permitted Uses. Subject to any City Usage, OFI has the exclusive right to display an Off-site Outdoor Advertising Sign on the Property consistent with Exhibit C. City will not authorize any other Off-site Outdoor Advertising Signs on the Property. OFI’s right to construct an Off-site Outdoor Advertising Sign on the Property includes the right to the following uses: constructing, operating, maintaining, and repairing, the Billboard, and any utilities installed in connection with the Billboard; installing and maintaining utility wires, poles, cables, conduits, and pipes over or under the Property from the nearest accessible public 13 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 50 right-of-way that support the permitted operations of the Billboard; and all rights of ingress and egress over the Property that OFI needs to access the Billboard. Subject to the City’s sole and absolute discretion as property owner, as well as the regulator through any generally applicable permit process, OFI may sublease the Property for telecommunications facilities on the Billboard with the written approval of the City and with any such revenue considered part of Annual Net Revenues. Such telecommunications facilities shall be “stealth;” not affect the aesthetic or structural integrity of the Billboard in the City’s discretion.

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

OFI shall also supply to City as promptly as possible, and in any event within five (5) business days after OFI receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Billboard, the Property, any portion thereof, or any improvements thereon or OFI’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event OFI institutes a cleanup or removal action, OFI shall provide copies of all work plans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner.

22. Unlawful Activities. OFI may not use or permit the Property to be used in any way that violates this Agreement or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). OFI may not maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Property. OFI hereby waives any rights to compensation 14 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 51 it may have if a court finds that the Billboard constitutes a public or private nuisance under any valid and applicable federal, state, or local law and for that reason orders OFI to remove or modify the Billboard.

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

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

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

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

27. Caltrans Permits. OFI is responsible for ensuring that the Billboard complies with all requirements of California’s Outdoor Advertising Act and Regulations if Caltrans determines that the Property fall within the scope of such law. As soon as practicable after the Effective Date, OFI shall apply for the Caltrans Permits, or, if necessary, engage in discussions with Caltrans to negotiate a Billboard Relocation Agreement that is mutually agreeable to both OFI and Caltrans which will permit OFI to seek all Caltrans Permits required in connection with the construction and operation of the Billboard contemplated by this Agreement. OFI agrees that upon request by the City, OFI will provide updates and any reasonably requested documentation relating to the negotiations with Caltrans for the Caltrans Permits and any status on the issuance of the Caltrans Permits. During the Initial Term, OFI shall perform all obligations under the Caltrans Permits at no cost to City. OFI shall have twelve (12) months from the Effective Date to obtain the Caltrans Permits, which period shall be subject to the three (3) year tolling period provided in Sections 3 and 4 in the event of a third party lawsuit, initiative, or referendum. If OFI has not received the Caltrans Permits at the end of such twelve (12) month period in addition to any tolling period as provided in Sections 3 and 4, and provided that OFI has diligently pursued the Caltrans Permits, City must provide OFI an extension of an additional six (6) months to obtain the Caltrans Permits. If, following such additional six (6) month extension period, OFI is still unable to obtain the Caltrans Permits, either the City or OFI can agree to another extension of time or terminate this Agreement.
15 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 52 28. [Reserved]

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

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

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

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

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

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

32.3 In the event of any damage or destruction which is covered by insurance, the City will promptly make proof of loss and proceed promptly to collect, or cause to be collected, all valid claims which the City may have against insurers or others based upon any such damage or destruction. Except as otherwise provided above, amounts received on account of any losses pursuant to insurance policies shall be used and expended for the purpose of fully repairing or reconstructing the portions of the Billboard which has been destroyed or damaged. 16 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 53 32.4 Notwithstanding anything herein to the contrary, if (a) the cost to repair or replace the damage or destruction of the Billboard exceeds 50% of its fair-market value immediately before it is damaged or destroyed; and (b) the damage or destruction occurs during the last five (5) years of the Initial Term, then the City may terminate this Agreement upon written notice to OFI without penalty.

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

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

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

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

35. Removal of Billboard. OFI shall be responsible for the removal of the Billboard, and other improvements from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), at the expiration of the Initial Term of this Agreement, unless the City waives OFI’s removal obligation in writing. In the event this Agreement is otherwise terminated or cancelled prior to the expiration of the Initial Term, OFI shall remove the Billboard and other improvements installed by OFI from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), unless the City waives OFI’s removal obligation in writing. Notwithstanding the above, OFI shall not be required to remove those portions of the Billboard and other improvements made by OFI on the Property that are more than eighteen (18) inches below grade. OFI shall cause the removal as required under this Section within thirty (30) 17 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 54 days from the end of the Initial Term or from the date of early termination, whichever the case may be. If OFI does not timely remove the Billboard and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard and other improvements on the Property at OFI's expense. OFI shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal and the restoration of the Property to its state immediately prior to the installation of the Billboard. City and OFI acknowledge and agree that OFI and its assigns shall be the exclusive owner and operator of the Billboard, and that all equipment comprising the Billboard shall remain the personal property of OFI and its assigns and shall not become fixtures of the Property. City shall have no right, title or interest in the Billboard or any component of the Billboard, notwithstanding the manner in which the Billboard is or may be physically attached, mounted or adhered to the Property.

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

37. Compliance Review.

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

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

37.3 Termination or Modification for Non-Compliance. Pursuant to Government Code Section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that OFI has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. Any action by the City 18 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 55 with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65865.1 in addition to any other notice required by law. Additionally, the City shall give OFI written notice of its intention to terminate or modify this Agreement and shall grant OFI a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City.

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

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

38. Monetary Damages. OFI and the City acknowledge that neither the City nor OFI would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and OFI agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages which would adequately compensate OFI for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and OFI agree that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and OFI covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. This foregoing waiver shall not be deemed to apply to any fees, payments, 19 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 56 reimbursements or other monetary amounts specifically required to be paid by OFI to the City pursuant to this Agreement.

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

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

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

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

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

44. Miscellaneous.

44.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) (i) hand delivered by messenger or courier service, (ii) by overnight delivery (including Federal Express), or (iii) by United States mail (postage prepaid), registered or certified, return receipt requested, addressed to the addresses set forth below. Each notice shall be deemed delivered (1) on the date delivered if by personal delivery, (2) on the date of delivery by the overnight delivery service if by overnight delivery, or (3) seventy-two (72) hours after deposit in the United States mail (postage prepaid) if by registered or certified mail. By giving to the other parties at least fifteen (15) days’ written notice, the parties to this Agreement and their 20 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 57 respective successors and assigns shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address.

If to City: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Manager
with a copy to: City of Oxnard
214 South C Street
Oxnard, California 93030
Attention: Community Development Director
Tel. No.: (805) 385 7877
Fax No.: (805) 385 7854
with a copy to: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Attorney
If to OFI: Outfront Foster Interstate, LLC
2300 Contra Costa Blvd., Suite 330
Pleasant Hill, CA 94523
Attn: John B. Foster, President
Fax: (510)-832-7080
with a copy to: Outfront Media LLC
405 Lexington Avenue, 17th Floor
New York, NY 10174
Attn: General Counsel
with a copy to: Miller Starr Regalia
1331 North California Boulevard, Fifth Floor
Walnut Creek, CA 94596
Attn: Anthony Leones
Tel: (925) 941-3261
Fax: (925) 933-4126
Email: [email protected]
with a copy to: Wendel Rosen LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
Attn: Matt Dambrov
21 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 58 Tel: (510) 834-6600
Fax: (510) 834-1928
Email: [email protected]

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

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

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

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

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

44.7 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
22 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 59 44.8 Estoppel Certificates. Within thirty (30) days following the receipt by City of a written request by OFI, the City shall execute and deliver to the requesting OFI a statement (an "estoppel certificate") certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the City alleges that specified (date and nature) defaults exist. The estoppel certificate shall also provide any other reasonable information requested. The failure to timely deliver a requested estoppel certificate shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting OFI, and that there are no uncured defaults in the performance of the requesting OFI, except as may be represented by the requesting OFI. The requesting OFI shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of estoppel certificates under this Section prior to City's issuance of such certificates. Any such certificate may be and is intended to be relied upon by any person, including, but not limited to, the other Party, potential purchasers or lessees of all or any part of the Property, lenders or potential lenders.

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

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

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

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

45. Indemnification.

45.1 Definitions. For the purposes of this Section, the following definitions will apply:
(a) “Person” is to be interpreted broadly and includes OFI and OFI’s directors, officers, employees, contractors, and agents; and City and City’s elected officials, officers, employees, contractors, and agents. 23 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 60 (b) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from OFI’s possession or use of the Property. (c) “Occurrence” means (A) the death of, or injury to, any person; and (B) damage to, or destruction of, any real property, personal property (including intellectual property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Property).

45.2 General Indemnity. Except to the extent claims are caused by the negligence or willful misconduct of the City and its employees, agents and contractors, and not waived by OFI, OFI shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, and representatives and each of their successors and assigns from and against any and all third party claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all reasonable out-of-pocket costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Initial Term as a result (directly or indirectly) of or in connection with (a) any OFI default under this Agreement (including in the performance or non-performance of any obligation on OFI’s part to be performed under the terms of this Agreement); (b) OFI's performance of the design and construction of the Billboard; (c) OFI’s or OFI’s representatives or agents use of the Property, the Billboard, any portion thereof, or any improvements thereon, the conduct of OFI’s business or any activity, work or thing done, permitted or suffered by OFI or its representatives or agents in or about the Property or any portion thereof, or any improvements thereon, except that with regard to the presence of Hazardous Materials, the Property or any improvements thereon, OFI will not be responsible for conditions that existed prior to the date that City delivers exclusive control of the Property to OFI and, whether prior to the Effective Date or not, were not caused by OFI or its authorized representatives; and (d) any negligent or willful act, error or omission of OFI or its representatives or agents in or about the Billboard, any portion thereof, or any improvements thereon (collectively, “Indemnification”). OFI shall provide such Indemnification by and through counsel reasonably approved by City. Without limiting the foregoing, OFI’s obligation under this Section includes Liabilities arising from any of the following:
(a) Any Occurrence that is caused by, or related in any way to, a verbal or nonverbal display on the Billboard.
(b) OFI’s failure to perform any provision of this Agreement due to no fault of City, to comply with any requirement of law applicable to OFI, or to fulfill any requirement imposed by any governmental entity (including City when acting as a government) on OFI or on OFI’s use of the Property. (c) Any claim that OFI’s policies with respect to the allocation of advertising time violate any person’s or persons’ First Amendment rights. (d) Any Occurrence caused or allegedly caused by (i) any condition of the Property created by OFI or by any Person on the Property with OFI’s 24 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 61 permission; or (ii) some act or omission on the Property by OFI or by any Person on the Property with OFI’s permission.

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

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

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

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

45.6 Interpretation of Agreement. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. City and OFI acknowledge and agree that this Agreement has been prepared jointly by City and OFI and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the 25 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 62 provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.

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

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

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

45.9 IN WITNESS WHEREOF, the City and OFI hereto have each executed this Agreement as of the date first written above.

CITY: CITY OF OXNARD, a California municipal
corporation
By: ___________________________________
Mayor
ATTEST:
_____________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer, City Attorney
26 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 63 OUTFRONT FOSTER INTERSTATE LLC
By Its Members:

FOSTER INTERSTATE LLC
By:

Print Name: John B. Foster
Title: Manager

OUTFRONT MEDIA, LLC
By:

Print Name: ___________________________
Title: _________________________________
27 Development Agreement and Lease of Real Property (Ventura Rd 3_27_23) 64 EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY SUBJECT TO ENA
City-owned property and right-of-way on the north side of U.S. Highway 101 between Santa Clara River and Rose Avenue.

Development Agreement and Lease of Real Property (Ventura Rd 12_16-22) 65 66
67 68
69 70
71 72
73 74

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3
DATE: April 13, 2023
TO: City Council
FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: RiverPark Boulevard Electronic Billboard Project; Located on an approximately 0.25-acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (APN: 132-0-311-075) and along the Ventura Freeway (Highway 101) in the RiverPark Specific Plan area.

RECOMMENDATION
That the City Council:

2. Adopt Ordinance No. 3025 approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A8515), subject to certain findings.

BACKGROUND
Ordinance Nos. 3024 and 3025 were introduced to the City Council at its March 21, 2023 meeting. Following a public hearing, the Council introduced the ordinances for first reading by title only, waiving further reading. At the hearing, the City Council was presented with one recommendation containing two options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed the development of the proposed Freeway Oriented Electronic Billboard and associated request, included the proposed Development and Lease Agreement as revised to include the following:

1. To include the right for the City to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.

2. Revised the name of the “Oxnard Chamber of Commerce” to the “West Ventura County Business Alliance”.

STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities. 75 This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Commission, therefore this item did not originate in Committee.

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

ATTACHMENTS

1. Riverpark Staff Report (City Council) 3.21.23 (Without Attachments)

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

3. Draft Ordinance Approving PZ Permit No. 20-670-06 (Development Agreement) 76 CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.6
DATE: March 21, 2023
TO: City Council
FROM:

Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: RiverPark Boulevard Electronic Billboard Project; Located on an approximately 0.25-acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (APN: 132-0-311-075) and along the Ventura Freeway (Highway 101) in the RiverPark Specific Plan area. (30 minutes)

RECOMMENDATION
That the City Council:

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

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing the development of a Freeway Adjacent Digital Display Billboard:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-02; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan) for text amendments to the RiverPark Specific Plan, subject to certain findings; and
c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), subject to certain findings; and d. Adopt a Resolution Approving Planning and Zoning Permit No. 20-500-07 (Special Use Permit) and overturn the Planning Commission’s Denial, subject to certain conditions and findings.

Option 2 – Planning Commission Recommendation – Denying the development of a Freeway Adjacent Digital Display Billboard:
a. Provide direction to City staff to return at a date certain meeting with the appropriate resolutions of denial for Planning and Zoning Permit Nos. 20-630-02 (Specific Plan Amendment No. 8 to the RiverPark Specific Plan), 77 Planning and Zoning Permit No. 20-670-06 (Development Agreement No. A-8515), and Planning and Zoning Permit No. 20-500-07 (Special Use Permit).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8O39aFT6T0Y

BACKGROUND
EXECUTIVE SUMMARY:

The Project includes a request for a Special Use Permit, Development Agreement, and Specific Plan Amendment to allow for the installation and operation of an electronic billboard on an approximately 0.25 acre undeveloped site located between the U.S. 101 and RiverPark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard (“Project”).

The Special Use Permit allows for the development of an electronic billboard that would include a digital display of advertisements of various businesses, activities, services or products. The top of the billboard would be approximately 60 feet in height above the ground, and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width. The Special Use Permit will also include minor landscape improvements within the adjacent Caltrans right of way. These will include the removal of the existing eucalyptus trees and the planting of alternatives, subject to Caltrans approval. The proposed Specific Plan Amendment would amend the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan.

Pursuant to Oxnard City Code, the Commission is the decision maker for Special Use Permit, however they are a recommendation body for Specific Plan Amendment and Development Agreements.

On February 2, 2023, the Planning Commission first took action on a proposed Freeway Adjacent Digital Billboard Ordinance (Ordinance). The Commission made numerous changes to the Ordinance, which made the subject SUP inconsistent with the Ordinance. At the February 2, 2023 Commission hearing, the Commission denied, and recommended Council denial, of the Subject permits.

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

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

2. Compliance with State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety;

3. Consistency with the general plan, zoning, and the environmental review, specifically the lighting impacts which does not allow an increase in illumination at any residentially zoned property by more than 0.5 footcandles, which is deemed 78 negligible. (This is further discussed in the “Key Projects Concerns” section of this report).

BACKGROUND:

Freeway Adjacent Digital Display Billboards Ordinance ( PZ 20-580-06) Prior to consideration of the subject request, Council must take action on amendments to Article IX. Advertising Signs of the Oxnard City Code to permit Freeway Adjacent Digital Display Billboards. A separate staff report addresses the specifics of that Ordinance, as well as the Commission's recommended changes to that Ordinance. The Commission’s recommended changes to the Ordinance was approved by 3 (in favor) - 2 (against), with two commissioners absent. Due to the proposed changes the Commission was required to review the RiverPark Blvd Electronic Billboard Project in accordance with the amendments. As the Project was inconsistent with the recommended amendments, the Commission had to deny Planning and Zoning Permit No. 20-500-07 (Special Use Permit) and recommend denial of the other associated project components.

PROJECT REQUESTS:

The Applicant’s original request sought Planning Commission and City Council approval of the following four requests (Special Use Permit, Development Agreement, Specific Plan Amendment, Mitigated Negative Declaration (MND 22-02)):
79 1. Special Use Permit
The electronic billboard would include a digital display of advertisements of various businesses, activities, services or products. The proposed billboard would be supported by a pole that ranges in diameter from approximately 7 feet to 3 feet. The pole would extend approximately 45.5 feet above ground. The portion of the pole above ground would be painted primarily gray except for the upper 10.5 feet that would be painted black. The top of the billboard would be 60 feet in height above the ground and the dimensions of the electronic billboard sign would be 14.5 feet in height and 48.5 feet in width. The existing ground level is at approximately the same elevation as the travel lanes along U.S. 101 and RiverPark Boulevard. The electronic billboard would have a two-sided light-emitting diode (LED) digital display that would have dimensions of 14 feet in height and 48 feet in width.

Illumination shall be directed such that minimal light spill will occur on either side or the top or bottom of the sign face. A light sensor will be installed with the sign to measure ambient light levels and adjust light intensity and brightness based on ambient conditions. For reference, based on a study of existing lighting levels along Riverpark Boulevard, the average illumination is 3 foot-candles due to existing street lights and other nearby lighting fixtures. Adjacent to the existing street light the lighting level is approximately 5 foot-candles. The electronic sign will not display any moving, flashing, scrolling, fading, brightening or animated text or video. The signage will be controlled remotely and include remote maintenance software. LED lighting has a directional nature, focused toward the freeway. Louvers will be located above each row of lights to prevent light from projecting upward into the sky. As designed, the billboard complies with the staff recommended ordinance and the State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety.

Eight existing eucalyptus located on the north side of U.S. 101 are proposed to be removed, which would require Caltrans approval because the trees are located within the U.S. 101 right-of-way. In addition, the Project includes removal of all dead wood located in the vicinity of the existing eucalyptus trees. The Project includes the placement of small multi-trunk accent trees with a maximum height of 15 feet along with low groundcover and shrubs.

2. Development Agreement
The proposed Development Agreement will allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City, such as revenue sharing. As proposed, these include:
● Term - Thirty (30) years.
● Monetary Payment - The Applicant shall pay to the City 30 percent of the Annual Net Revenue, with a minimum guarantee of $150,00 per year (approximately $4.5M - $8.4M over the term of the agreement). ● City Usage of the Billboard - To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use 12.5% out of the total inventory of 16 spots (8 spots per face) or 2 total spots for the Billboard.
● Emergency Notifications - Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
● Discount for Oxnard Auto Dealers and Oxnard Chamber of Commerce Members - Oxnard Auto Dealers and members of the Oxnard Chamber of Commerce shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.
● Prohibitions - Any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law.

3. Specific Plan Amendment
The proposed Project requires an amendment to the RiverPark Specific Plan to add Freeway Adjacent Digital Display Billboards within the Commercial Master Plan of the RiverPark Specific Plan. The specific revisions to the Specific Plan text identify minimum and maximum lot dimensions as well as size and spacing of the billboards. These revisions are consistent with the staff recommended Freeway Adjacent Digital Display Billboards Ordinance that is required to be 80 approved prior to approval of the proposed Project.

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

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

KEY PROJECT CONCERN
Lighting and Visual Impacts on Residential Properties
Concerns were raised by Commissioners and members of the public regarding lighting impacts on residential properties.

Specifically, comments were made about impacts to the residential developments to the north of the Project site and within the County of Ventura’s El Rio neighborhood. The proposed billboard is approximately 130 feet south of the adjacent residential areas and 1,700 feet from the closest residentially zoned property within the El Rio community. As it relates to the County of Ventura’s El Rio neighborhood, the project is not only 1,700 feet away from the residential areas, it is separated by a variety of Commercial and Office developments, which contain multiple two to four story buildings, as well as the freeway overcrossing. Given the relatively flat topography and intervening developments, the view of the proposed Billboard would be very limited, if visible at all. This is indicated by the inability to see the existing trees on the project site or the existing Esplanade sign, which though further from the El Rio Neighborhood is approximately 15 feet taller than the proposed billboard.

Also, while the billboard would be visible from residential areas in the City, City Staff and the City’s CEQA consultant analyzed lighting impact on any residential properties, which would include any residentially zoned property both in the City of Oxnard and the County of Ventura. The MND found that, subject to the proposed Ordinance and required mitigation measures, there would not be a significant lighting impact based on the recommendations from the International Commission on Illuminance. Pursuant to the proposed Ordinance and Mitigation Measures, the maximum allowable increase in illumination at any residentially zoned property would be 0.5 footcandles. A site specific lighting study was prepared for the Project to analyze the Project's impacts on adjacent residential. While unlikely, the study assumes the worst case scenario of an all white sign to determine the greatest lighting impact. As these signs are oriented towards the freeway and include directionally oriented louvers to direct the lighting, the lighting projected toward any residential properties would be limited. Per the lighting study, the maximum illumination in the direction of the nearest residential zoned property is 0.2 footcandles at approximately 100 feet. This is significantly below the City adopted lighting requirements, which require projects be illuminated to a level of 1-7 footcandles throughout a project. Therefore, any additional lighting generated by the billboard would be negligible.

As it relates to visual impacts, the proposed billboard is within the U.S. Highway 101 corridor, which is generally characterized by urban or high density development, as well as other similar large scale signage such as the existing auto 81 center, collection, and esplanade signs. In addition to these signs there are numerous larger illuminated freeway signs, including electronic ones, along the corridor. The proposed billboard would be consistent with the overall nature of the corridor. Lastly, the proposed 100 foot setback is consistent with the City previous approval of the Collection electronic sign which is approximately 110 feet away from residentially zoned property.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Commission, therefore this item did not originate in Committee.

During the Commission’s public hearing on January 19, 2023, Commissioners asked a series of questions as a result of staff’s and the Applicant team’s presentations. One public comment was received prior to the meeting and one verbal comment was provided during the public comment period on the Project. The questions and comments were generally in regards to the impacts on views and lighting. Following Commission deliberation, a motion of Intent to Deny the Project as they could not make all of the Findings required to support the Project. The January 19, 2023 Planning Commission meeting can be viewed online at the following link: https://www.youtube.com/watch?v=DIS7Q-hYfgg.

On February 2, 2023, the Commission voted 6-0 (with one commissioner absent), to adopt a resolution denying the Special Use Permit and recommending denial of the Specific Plan Amendment and Development Agreement to the City Council. While as noted above the Commission was required to deny the project based upon the recommended changes to the ordinance, the Commission did raise concern about the Project’s proximity to the residential area, due to the potential lighting and visual impacts.

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

ATTACHMENTS

1. Planning Commission Staff Materials dated 1_19_2023 and 2_2_2023

2. Final IS-MND 22-02

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

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

5. Draft Ordinance Approving PZ Permit No. 20-670-06 (Development Agreement)

6. Draft Resolution Approving the Appeal and overturning the Planning Commission’s Denial of Planning and Zoning Permit No. 20-500-07

7. Riverpark Boulevard Electronic Billboard Project CC Presentation 82 ORDINANCE NO. 3024

WHEREAS, on September 10, 2002 the City Council approved the entitlements for the RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, the City Council approved the first amendment request (PZ 02-630-05) on October 22, 2002, which amended the Specific Plan to include regulations for temporary uses; and
WHEREAS, the City Council approved the second amendment request (PZ 03-630-03) on July 27, 2004, allowing a minor change in the land use designation on a small parcel from Open Space to Commercial; and
WHEREAS, the City Council approved the third amendment request (PZ 09-630-09) on April 14, 2009, allowing a freeway-oriented pylon sign subject to approval of a Design Development Review permit (DDR) by the Development Services Director; and WHEREAS, the City Council approved the fourth amendment (PZ 10-630-02) on June 14, 2011, and allows three freeway oriented monument signs subject to approval of a DDR, and an electronic digital display panel for the pylon sign, subject to subsequent approval of a Special Use Permit; and
WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RiverPark Specific Plan to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and WHEREAS, the City Council approved the seventh amendment (PZ 20-630-01) on March 15, 2022, which allowed for the option to develop up to 1,025 additional residential units under the RiverPark Specific Plan, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios; and
WHEREAS, the Planning Commission of the City of Oxnard has considered the proposed map and text amendment to Pages 3.7, 3.22, 5.9, and 5.23 of the RiverPark Specific Plan to allow for Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan (herein referred to as the “Project”); and 83 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

Page 2 of 7 ends

WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for Specific Plan Amendment No. 8 (PZ 20-630-02) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information and deliberated the merits of the Project. The Planning Commission voted to deny the Project and not allow Freeway Adjacent Digital Display Billboards within the RiverPark Specific Plan, subject to the preparation of a written resolutions of denial to be considered at the Planning Commission meeting on February 2, 2023; and WHEREAS, the Planning Commission found, after due study, deliberation and a duly noticed public hearing on February 2, 2023, and received and reviewed written and oral comments, presented by staff and the Applicant with a series of questions, and that the project, as amended, meets the criteria set out in Chapter 16-575 of the Oxnard City Code; and
WHEREAS, the Planning Commission adopted Resolution 2022-07 recommending that the City Council deny Planning & Zoning Permit No. 20-630-02 (Specific Plan Amendment); and
WHEREAS, on March 21, 2023, the City Council of the City of Oxnard conducted a duly noticed public hearing to consider the request to approve Planning and Zoning Permit No. 20-630-02 (Specific Plan Amendment), both as originally proposed by the Applicant and as recommended by the Planning Commission, in accordance with the OCC; and
WHEREAS, the City Council received written and verbal comments from the public; and
WHEREAS, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND found that the implementation of the proposed Project would result in potentially significant impacts associated with biological resources, cultural resources, and noise on wildlife species. Mitigation measures have been required to reduce each potentially significant impact to less than significant. The mitigation measures that have been required within the MND would reduce potential significant impacts. These measures include (BIO-1) conducting a pre-construction survey for active bird nests, and (CUL-1 and CUL-2) monitoring and collecting, if necessary, any discovered archaeological and paleontological resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than 84 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

Page 3 of 7 ends

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

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

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

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

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

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

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

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

SECTION 3. The City Council finds that the Riverpark Specific Plan Amendment will not 85 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

Page 4 of 7 ends

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

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

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

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

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

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

SECTION 11. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3024 was first read on March 21, 2023, and finally adopted on April 13, 2023 to become effective thirty days thereafter. 86 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

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PASSED AND ADOPTED this 13th day of April 2023, 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
87 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

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EXHIBIT A
SPECIFIC PLAN AMENDMENT TEXT Changes

PROPOSED AMENDMENTS TO CITY OF OXNARD

LOT DIMENSIONS
Lot Area Min: 1,000 SF Max: 15,000 SF
Lot Width Min: 10’ Max: 300’
88 Ordinance No. 3024
RiverPark Specific Plan Amendment No. 8 (PZ 20-630-02)

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Lot Depth Min: 40’ Max: 100’

5.5 EDGES AND BUFFERS STANDARDS

5.5.2 Design Concept for Edges and Buffers

5.9 SIGNAGE STANDARDS
[. . .]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

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

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

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

WHEREAS, on October 15, 2020, Lars Skugstad (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit Nos. 20-500-07 (Special Use Permit), 20-670-06 (Development Agreement), and 20-630-02 (Specific Plan Amendment) to allow for the installation and operation of an electronic billboard on an approximately 0.25-acre undeveloped site located between the U.S. 101 and Riverpark Boulevard approximately 850 feet north of Vineyard Avenue in the northern portion of the City of Oxnard; and
WHEREAS, the Planning Commission of the City of Oxnard (“Planning Commission”) considered an application for Planning and Zoning Permit No. 20-670-06 (“Project”), a Development Agreement and Lease of Property between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and OUTFRONT FOSTER INTERSTATE LLC, a Delaware limited liability company (“OFI”) (collectively referred to “Applicant” or “Developer” in the record of proceedings); and WHEREAS, the Development Agreement and Lease of Property (DA) shall allow for the use of City property for the purpose of a Freeway Adjacent Digital Display Billboard. The agreement also outlines the required public benefits to be provided by the future development, including fiscal benefits to the City. The proposed DA is included in Exhibit A to this Ordinance and incorporated by this reference; and WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Development Agreement and Lease of Property (PZ 20-670-06) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, on January 19, 2023, the Planning Commission deliberated the merits of the Project and made a Motion of Intent to Deny the Project, subject to the preparation of a written Resolution of Denial to be considered at the Planning Commission meeting on February 2, 2023; and
WHEREAS, the Planning Commission adopted Resolution 2023-06 recommending that the City Council deny Planning & Zoning Permit No. 20-670-06 (Development Agreement); and
90 Ordinance No. 3025
Development Agreement (PZ 20-670-06)
Development Agreement No. A-8515

Page 2 of 6 ends

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

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

WHEREAS, the City Council considered Final IS/MND 22-02 prior to making determinations on the Project; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the proposed Development Agreement and Lease of Property is consistent with the 2030 General Plan; and
WHEREAS, the pursuit of the Development Agreement and Lease of Property is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and welfare of the public by public benefits for the residents of the City of Oxnard; and 91 Ordinance No. 3025
Development Agreement (PZ 20-670-06)
Development Agreement No. A-8515

Page 3 of 6 ends

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

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

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

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

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

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

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

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

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

SECTION 6. The City Council determines that the Development Agreement and Lease of 92 Ordinance No. 3025
Development Agreement (PZ 20-670-06)
Development Agreement No. A-8515

Page 4 of 6 ends

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

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

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

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

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

A-8515) is approved pursuant to Exhibit A.

SECTION 12. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3025 was first read on March 21, 2023, and finally adopted on April 13, 2023 to become effective thirty days thereafter.

PASSED and ADOPTED this 13th day of April 2023, by the following vote:
93 Ordinance No. 3025
Development Agreement (PZ 20-670-06)
Development Agreement No. A-8515

Page 5 of 6 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
94 Ordinance No. 3025
Development Agreement (PZ 20-670-06)
Development Agreement No. A-8515

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EXHIBIT A

DEVELOPMENT AGREEMENT
95 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

DEVELOPMENT AGREEMENT AND LEASE OF REAL PROPERTY

D. City and OFI each mutually desire to enter into this Agreement to permit and ensure that a portion of the ENA Property, which consists of that certain real property in the City of Oxnard, County of Ventura more particularly described in Exhibit B attached hereto and incorporated herein by this reference (“Property”), is developed with a double-sided freeway oriented digital Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 96 billboard (hereafter, the “Project”), and that such billboard is developed strictly in accordance with the provisions of this Agreement, the Project Approvals (defined below), and associated entitlements.

F. To comply with the California Environmental Quality Act (“CEQA”), on March 21, 2023, at a duly noticed public hearing, the City Council certified the Mitigated Negative Declaration (SCH # 2022060706), as described more fully in Resolution ______, adopted a Mitigation, Monitoring, and Reporting Plan, and made the required CEQA findings.

G. On March 21, 2023, at a duly noticed public hearing, the City Council approved a Special Use Permit for the Project, with such approval contingent on City Council approval of the RiverPark Specific Plan amendment for the Project, as provided in Resolution ____________. Previously, the Planning Commission considered and recommended denial of the amendment to the RiverPark Specific Plan for the Project and recommended that the City Council deny this Agreement by ordinance.

H. On March 21, 2023, the Oxnard City Council (“City Council”), having received the Planning Commission’s recommendations, held a duly noticed public hearing, voted to approve the amendment to the RiverPark Specific Plan for the Project, and introduce the ordinance to approve this Agreement. On April 13, 2023 the City Council adopted Ordinance _________ approving the Agreement.

I. The Planning Commission and City Council have each given notice of their intention to consider this Agreement, have each conducted the required public hearings thereon. While the Planning Commission did not recommend approval of this Development Agreement and Special Use Permit, the City Council found that the provisions of this Agreement are consistent with the City of Oxnard General Plan for development within the City, City zoning ordinances, and the RiverPark Specific Plan, as amended on March 21, 2023. The City Council has also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region.

NOW, THEREFORE, in consideration of the foregoing Recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and OFI agree as follows:
2 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 97 AGREEMENT

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

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

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

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

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

1.9 “Hazardous Materials” means any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos-containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof.
3 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 98 1.10 “Hazardous Materials Laws” means all laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

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

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

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

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

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

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

1.18 “Project Approvals” shall mean and refer to the RiverPark Specific Plan as amended on March 21, 2023 and the Special Use Permit approved on March 21, 2023.

1.19 “Specific Plan” shall mean the RiverPark Specific Plan. As amended on March 21, 2023.

3. Tolling for Third Party Lawsuit. If any third party files a lawsuit to challenge this Agreement, the City’s CEQA determination made in connection with its consideration of this Agreement and/or the Project Approvals (each, a “Third-Party Lawsuit”), OFI may request that the Initial Term be tolled during the pendency of the Third-Party Lawsuit by providing a written notice (“Tolling Notice”) to City within thirty (30) days after the commencement of the Third-Party Lawsuit, and said request shall be granted by City. The tolling of the Initial Term 4 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 99 shall automatically begin upon City’s receipt of the Tolling Notice, and it shall end on the earliest of the following to occur: (A) the date on which a court issues a final judgment in the Third-Party Lawsuit and the expiration of all appeal period(s) following that judgment; (B) the date the Third-Party Lawsuit is dismissed; or (C) one (1) year from the date of issuance of the Tolling Notice.

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

5. Implementation and Development of the Project.

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

7. Rent.

7.1 Rent. Rent, as set forth in this provision, shall commence on the Operational Date.
(a) Minimum Annual Guarantee (MAG). Each year, OFI shall pay City the Minimum Annual Guarantee (the “MAG”) in the initial amount of $150,000 per year, starting on the Operational Date, in accordance with the terms set forth in this Section. 5 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 100
Term Rent
Years 1-30 $150,000
(b) Manner of Payment. An annual prorated share of the MAG is due and payable on a calendar quarter basis, commencing within forty-five (45) days of the Operational Date and within ten (10) days following the beginning of each calendar quarter occurring thereafter without notice, demand, offset or deduction. OFI shall remit the MAG to City at the address designated by City in writing to OFI for the payment of Rent. For any portion of the Initial Term that is less than a full calendar quarter, the MAG shall be prorated based on the number of days occurring during such calendar quarter and actual number of days in such calendar quarter.
(i) Late Charge. If OFI fails to pay any installment of MAG within ten (10) calendar days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance; provided, however, OFI shall not be assessed with the foregoing late payment charge with respect to the first (1st) late payment in any consecutive twelve (12) month period unless and until OFI fails to make such payment to City within three (3) business days after written notice from City that it failed to receive such amounts within the time period set forth above.

7.2 Additional Consideration
6 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 101
(a) Percentage Rent. To the extent that the MAG for the 12-month period commencing on the Operational Date or anniversary of the Operational Date (“Agreement Year”) during the Initial Term is less than 30% of the Annual Net Revenue for that Agreement Year (the difference being referred to herein as “Percentage Rent”), OFI shall pay to City, in addition to the MAG, within thirty (30) days after the end of the relevant Agreement Year, and to the extent applicable, the Percentage Rent.
(i) Reports. OFI shall furnish to City an annual statement of Annual Net Revenue within thirty (30) days after the end of each Agreement Year. Such statement shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by a duly authorized officer of OFI. OFI shall keep and make available at its local office at Outfront Media, 1520 N. Cahuenga Blvd., Los Angeles, California 90028 complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing the Annual Net Revenue, including without limitation, materially accurate records of every sale and other transaction made for any advertising display on the Billboard and any commissions paid by OFI pursuant to this Agreement. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of no less than four (4) years after the end of each Agreement Year. The receipt by City of any statement, or any payment of Percentage Rent for any period, will not bind City as to the correctness of the statement or payment. (ii) Inspection and Audit. City, at its sole option, will be entitled, at any time and from time to time during the Initial Term and during normal business hours and with prior written notice to OFI, to inspect, examine, copy and audit OFI's books, records and cash receipts as related to Annual Net Revenue. OFI shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each Agreement Year and once after the termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis. The audit will be conducted during usual business hours at OFI’s office located at Outfront Media, 1520 N. Cahuenga Blvd., Los Angeles, California 90028, unless another location is mutually agreed upon. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then OFI shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that OFI understated Annual Net Revenue by more than three percent (3%) in which case OFI will pay all reasonable out-of-pocket costs paid to third party consultants and incurred by City in connection with the audit. (b) City Usage. City shall have the right to use 2 out of 16 spots (1 per face) for the Billboard (such usage “City Usage”). Content displayed on the Billboard in connection with City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Billboard in increments, at the times of day and otherwise in the same manner as the commercial advertising displayed by OFI on the Billboard. Subject to the terms of this Agreement, City may use such time to promote any purpose that City, in its sole discretion determines best serves the needs of the City and residents, including but not limited to advertising City events and programs. City will submit “camera ready” artwork to OFI, at no cost to OFI, for display purposes. City agrees that for any City Usage City will provide OFI with 7 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 102
prior written notice of its desire for City Usage, City will provide OFI with the copy or text of such messages not less than ten (10) business days prior to the date such messages are to appear on the Billboard, and City Usage shall be limited to messages for the civic and public purposes described in this Section and will not be used directly or indirectly for any types of messaging or advertising which OFI would otherwise be able to sell to third parties in the ordinary course of OFI’s business. City represents and warrants that all advertising materials and content supplied by City to OFI for display in connection with City Usage, (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity, (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which the parties may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are not false; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. City hereby agrees to indemnify, defend and save harmless OFI against any and all claims, liabilities, losses, damages, fees and expenses arising out of or in connection with the City Usage, including but not limited to any claim for defamation, or infringement of any copyright, trademark, or other intellectual property or privacy right and reasonable attorneys’ fees and expenses incurred in defending any such claims.
(c) Emergency Notifications. Without any offset in the City Usage described above and at no cost to the City and as further consideration for the use and occupancy of Property, Outfront shall make the Billboard available to Caltrans and the California Highway Patrol for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state or federal agencies.
(d) Discount for Oxnard Auto Dealers and West Ventura County Business Alliance Members. For the Initial Term of this Agreement, Oxnard Auto Dealers and members of the West Ventura County Business Alliance shall receive a ten percent (10%) discount from the rates to advertise on the Billboard.

8. Advertising. The Billboard is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Billboard at the request of the City (subject to the terms of this Agreement), all advertising to be displayed on the Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on Billboard advertising to strictly commercial advertising, OFI may not display any message that: is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); promotes the sale or use of firearms or tobacco products, whether directly or indirectly; promotes adult entertainment, products, conventions, events, or websites; contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; contains any “political advertising,” which means 8 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 103
advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. OFI shall, within 48 hours after written demand from City, at OFI’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this Section, and which is not being disputed by OFI. If OFI fails to promptly cause the removal of such advertising, City may (but is not required to), without further process of law, cause the removal of the advertising. OFI shall reimburse City’s costs of such actions upon demand and will bear the risk of any damage to the Billboard resulting from such actions. City may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Agreement, at law or in equity. OFI agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant.

13. Events of Default; Early Termination.
9 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 104

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

13.2 City’s Remedies for Default by OFI. Upon the occurrence and during the continuance of any Default identified in Section 13.1, in addition to any and all other rights or remedies of City hereunder, City will have the sole option to exercise the following rights and remedies:
(a) City may terminate this Agreement if OFI is in default and fails to cure as provided in Section 13.1(a)-(c), or is in default as provided in Section 13.1(d), including any applicable tolling period.
(b) Except as provided in subdivision (c) below, in the event of a default by OFI, City shall have the right to: (i) bring any proceeding in the nature of specific performance, injunctive relief, declaratory relief, or mandamus and/or; (ii) bring any action to compensate City for OFI’s specific obligations to the City pursuant to this Agreement. (c) In the event that a third party lawsuit, referendum, or initiative has been filed that triggers the tolling provisions in Sections 3 and 4 and such lawsuit, referendum, or initiative has not been resolved, dismissed, terminated, or otherwise completed within the one (1) year tolling period, the City’s sole remedy for OFI’s failure to make the Billboard Operational as provided in Section 13.1(d), shall be to terminate this Agreement. 10 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 105

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

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

13.7 OFI’s Early Termination Rights. OFI may terminate this Agreement effective 30 days after OFI gives the City written notice of termination, if any of the following circumstances occur:
(a) The view of the Billboard’s display area from the portion of U.S. 101 adjacent to the Property is materially obstructed, and OFI did not cause the obstruction. (b) OFI cannot safely use the Property to renovate, operate, maintain, repair, or improve the Billboard because of a non-remediable condition, and OFI did not cause the condition.
(c) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of U.S. 101 adjacent to the Property, and the diversion or disruption continues uninterrupted for at least six (6) consecutive months. 11 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 106
(d) Through no fault of its own, OFI cannot obtain or maintain the governmental permits required to construct, operate, maintain, and repair the Billboard, including the Caltrans Permits and City permits, or there is a legal challenge to such permits and approvals, including, but not limited to, any challenges under CEQA, and OFI elects, in its sole discretion, not to oppose such challenges, OFI may withdraw its applications for approval and terminate this Agreement.
(e) Use of the Billboard for its intended purpose is prevented or limited by law, or OFI is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Billboard from the Property. (f) The City is in default of this Agreement, and said default is not timely cured.

14. Insurance.

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

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

20. Permitted Uses. Subject to any City Usage, OFI has the exclusive right to display an Off-site Outdoor Advertising Sign on the Property consistent with Exhibit C. City will not authorize any other Off-site Outdoor Advertising Signs on the Property. OFI’s right to construct an Off-site Outdoor Advertising Sign on the Property includes the right to the following uses: constructing, operating, maintaining, and repairing, the Billboard, and any 13 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 108
utilities installed in connection with the Billboard; installing and maintaining utility wires, poles, cables, conduits, and pipes over or under the Property from the nearest accessible public right-of-way that support the permitted operations of the Billboard; and all rights of ingress and egress over the Property that OFI needs to access the Billboard. Subject to the City’s sole and absolute discretion as property owner, as well as the regulator through any generally applicable permit process, OFI may sublease the Property for telecommunications facilities on the Billboard with the written approval of the City and with any such revenue considered part of Annual Net Revenues. Such telecommunications facilities shall be “stealth;” not affect the aesthetic or structural integrity of the Billboard in the City’s discretion.

22. Unlawful Activities. OFI may not use or permit the Property to be used in any way that violates this Agreement or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). OFI may not 14 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 109
maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Property. OFI hereby waives any rights to compensation it may have if a court finds that the Billboard constitutes a public or private nuisance under any valid and applicable federal, state, or local law and for that reason orders OFI to remove or modify the Billboard.

27. Caltrans Permits. OFI is responsible for ensuring that the Billboard complies with all requirements of California’s Outdoor Advertising Act and Regulations if Caltrans determines that the Property fall within the scope of such law. As soon as practicable after the Effective Date, OFI shall apply for the Caltrans Permits, or, if necessary, engage in discussions with Caltrans to negotiate a Billboard Relocation Agreement that is mutually agreeable to both OFI and Caltrans which will permit OFI to seek all Caltrans Permits required in connection with the construction and operation of the Billboard contemplated by this Agreement. OFI agrees that upon request by the City, OFI will provide updates and any reasonably requested documentation relating to the negotiations with Caltrans for the Caltrans Permits and any status on the issuance of the Caltrans Permits. During the Initial Term, OFI shall perform all obligations under the Caltrans Permits at no cost to City. OFI shall have twelve (12) months from the Effective Date to obtain the Caltrans Permits, which period shall be subject to the one (1) year tolling period provided in Sections 3 and 4 in the event of a third party lawsuit, initiative, or referendum. If OFI has not received the Caltrans Permits at the end of such twelve (12) month period in addition to any tolling period as provided in Sections 3 and 4, and provided that OFI has diligently pursued the Caltrans Permits, City must provide OFI an extension of an additional six (6) months to obtain the Caltrans Permits. If, following such additional six (6) month extension 15 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 110
period, OFI is still unable to obtain the Caltrans Permits, either the City or OFI can agree to another extension of time or terminate this Agreement.

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

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

32.2 The City and OFI will mutually agree upon the repair or replacement of the Billboard, which such repair or replacement will use any proceeds of insurance maintained by the City or otherwise at the expense of the City. In connection with any election to repair the 16 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 111
casualty, OFI and the City will promptly apply for, and diligently pursue the issuance of, any permits or approvals needed to repair or replace the Billboard. Within thirty (30) days after obtaining the necessary permits and approvals, the party which will perform such repair or replacement will begin work to repair or replace the Billboard and diligently pursue the completion thereof.

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

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

35. Removal of Billboard. OFI shall be responsible for the removal of the Billboard, and other improvements from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, 17 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 112
damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), at the expiration of the Initial Term of this Agreement, unless the City waives OFI’s removal obligation in writing. In the event this Agreement is otherwise terminated or cancelled prior to the expiration of the Initial Term, OFI shall remove the Billboard and other improvements installed by OFI from the Property and restore the Property to its condition immediately prior to the date that City delivered control of the Property to OFI (reasonable wear and tear, damage or destruction by the acts of God beyond the control of OFI, and damage caused by parties other than OFI (and its employees and contractors) excepted), unless the City waives OFI’s removal obligation in writing. Notwithstanding the above, OFI shall not be required to remove those portions of the Billboard and other improvements made by OFI on the Property that are more than ten (10) feet below grade. OFI shall cause the removal as required under this Section within thirty (30) days from the end of the Initial Term or from the date of early termination, whichever the case may be. If OFI does not timely remove the Billboard and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard and other improvements on the Property at OFI's expense. OFI shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal and the restoration of the Property to its state immediately prior to the installation of the Billboard. City and OFI acknowledge and agree that OFI and its assigns shall be the exclusive owner and operator of the Billboard, and that all equipment comprising the Billboard shall remain the personal property of OFI and its assigns and shall not become fixtures of the Property. City shall have no right, title or interest in the Billboard or any component of the Billboard, notwithstanding the manner in which the Billboard is or may be physically attached, mounted or adhered to the Property.

37. Compliance Review.

37.2 Review Procedure. During a Periodic Review, OFI shall provide information reasonably requested by the City Manager that the Project is being developed in good faith compliance with the terms of this Agreement. Upon completion of a Periodic Review, the City Manager shall submit a report to the City Council setting forth the City Manager's findings. If, as a result of a Periodic Review, the City Council finds and determines on the basis of substantial evidence that OFI has not complied in good faith with the terms or conditions of 18 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 113
this Agreement, the City shall issue a written "Notice of Noncompliance" to OFI specifying the grounds therefore and all facts demonstrating such noncompliance. OFI's failure to cure the alleged non-compliance within ninety (90) days after receipt of the notice, or, if such noncompliance is not capable of being cured within ninety (90) days, OFI's failure to initiate all actions required to cure such noncompliance within ninety (90) days after receipt of the notice, shall constitute a default under this Agreement on the part of OFI and shall constitute grounds for the termination of this Agreement by the City as provided for below.

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

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

44. Miscellaneous.

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

If to City: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Manager
with a copy to: City of Oxnard
214 South C Street
Oxnard, California 93030
Attention: Community Development Director
Tel. No.: (805) 385 7877
Fax No.: (805) 385 7854
with a copy to: City of Oxnard
300 West Third Street
Oxnard, California 93030
Attention: City Attorney
If to OFI: Outfront Foster Interstate, LLC
2300 Contra Costa Blvd., Suite 330
Pleasant Hill, CA 94523
Attn: John B. Foster, President
Fax: (510)-832-7080
with a copy to: Outfront Media LLC
405 Lexington Avenue, 17th Floor
New York, NY 10174
Attn: General Counsel
with a copy to: Miller Starr Regalia
1331 North California Boulevard, Fifth Floor
21 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 116
Walnut Creek, CA 94596
Attn: Anthony Leones
Tel: (925) 941-3261
Fax: (925) 933-4126
Email: [email protected]
22 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 117
with a copy to: Wendel Rosen LLP
1111 Broadway, 24th Floor
Oakland, CA 94607
Attn: Matt Dambrov
Tel: (510) 834-6600
Fax: (510) 834-1928
Email: [email protected]

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

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

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

45. Indemnification.

45.1 Definitions. For the purposes of this Section, the following definitions will apply:
24 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 119
(a) “Person” is to be interpreted broadly and includes OFI and OFI’s directors, officers, employees, contractors, and agents; and City and City’s elected officials, officers, employees, contractors, and agents. (b) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from OFI’s possession or use of the Property. (c) “Occurrence” means (A) the death of, or injury to, any person; and (B) damage to, or destruction of, any real property, personal property (including intellectual property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Property).

45.2 General Indemnity. Except to the extent claims are caused by the negligence or willful misconduct of the City and its employees, agents and contractors, and not waived by OFI, OFI shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, and representatives and each of their successors and assigns from and against any and all third party claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all reasonable out-of-pocket costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Initial Term as a result (directly or indirectly) of or in connection with (a) any OFI default under this Agreement (including in the performance or non-performance of any obligation on OFI’s part to be performed under the terms of this Agreement); (b) OFI's performance of the design and construction of the Billboard; (c) OFI’s or OFI’s representatives or agents use of the Property, the Billboard, any portion thereof, or any improvements thereon, the conduct of OFI’s business or any activity, work or thing done, permitted or suffered by OFI or its representatives or agents in or about the Property or any portion thereof, or any improvements thereon, except that with regard to the presence of Hazardous Materials, the Property or any improvements thereon, OFI will not be responsible for conditions that existed prior to the date that City delivers exclusive control of the Property to OFI and, whether prior to the Effective Date or not, were not caused by OFI or its authorized representatives; and (d) any negligent or willful act, error or omission of OFI or its representatives or agents in or about the Billboard, any portion thereof, or any improvements thereon (collectively, “Indemnification”). OFI shall provide such Indemnification by and through counsel reasonably approved by City. Without limiting the foregoing, OFI’s obligation under this Section includes Liabilities arising from any of the following:
(a) Any Occurrence that is caused by, or related in any way to, a verbal or nonverbal display on the Billboard.
(b) OFI’s failure to perform any provision of this Agreement due to no fault of City, to comply with any requirement of law applicable to OFI, or to fulfill any requirement imposed by any governmental entity (including City when acting as a government) on OFI or on OFI’s use of the Property. 25 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 120
(c) Any claim that OFI’s policies with respect to the allocation of advertising time violate any person’s or persons’ First Amendment rights. (d) Any Occurrence caused or allegedly caused by (i) any condition of the Property created by OFI or by any Person on the Property with OFI’s permission; or (ii) some act or omission on the Property by OFI or by any Person on the Property with OFI’s permission.

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

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

45.6 Interpretation of Agreement. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not 26 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 121
strictly for or against any party. City and OFI acknowledge and agree that this Agreement has been prepared jointly by City and OFI and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.

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

Signatures on Following Page
27 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 122
IN WITNESS WHEREOF, the City and OFI hereto have each executed this Agreement as of the date first written above.

OUTFRONT FOSTER INTERSTATE LLC
By Its Members:

FOSTER INTERSTATE LLC
By:

Print Name: John B. Foster
Title: Manager

OUTFRONT MEDIA, LLC
By:

Print Name: ___________________________
Title: _________________________________
28 (Development Agreement and Lease of Real Property (RP Blvd. 3_27_23) 123
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4
DATE: April 13, 2023
TO: City Council
FROM: Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance: The project location is the U.S.

Highway 101 adjacent property within the City of Oxnard City limit.

RECOMMENDATION
That the City Council Adopt Ordinance No. 3023 approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

BACKGROUND

EXECUTIVE SUMMARY
Ordinance No. 3023 was introduced to the City Council at its March 21, 2023 meeting. Following a public hearing, the Council introduced the ordinance for first reading by title only, waiving further reading. At the hearing the City Council was presented with one recommendation containing two options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed up to four Freeway Adjacent Digital Display Billboards at least 100 feet away from residentially zoned parcels and at least 2,000 feet away from other Freeway Adjacent Digital Display Billboards. The City Council then voted to adopt Mitigated Negative Declarations (MND 22-01), and introduce the Ordinance, as amended, with a vote of 5-1 for first reading by title only, waiving further reading. If adopted by Council on April 13, 2023, the ordinance will take effect thirty days thereafter.

FINANCIAL IMPACT
The proposed Ordinance would allow for the development of Freeway Adjacent Digital Display Billboards, which are required to provide a public benefit to the City.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Commission; therefore this item did not originate in Committee. 135
Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. Billboard Ordinance Staff Report (City Council) (Without Attachments)

2. Draft CC Ordinance Approving PZ Permit No. 20-580-06 (Ordinance Amendment) 136

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.5
DATE: March 21, 2023
TO: City Council
FROM:

Maureen Tamuri, Interim Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Freeway Adjacent Digital Display Billboards Ordinance: The project location is the U.S.

Highway 101 adjacent property within the City of Oxnard City limit. (20 minutes)

RECOMMENDATION
That the City Council:

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

Option 1 – Staff’s Recommended Action – Allowing up to four Freeway Adjacent Digital Display Billboards at least 100 feet away from residentially zoned parcels and at least 2,000 feet away from other Freeway Adjacent Digital Display Billboards:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-01; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

Option 2 – Planning Commission Recommendation – Allowing up to three Freeway Adjacent Digital Display Billboards at least 250 feet away from residentially zoned parcels and at least 2,500 feet away from Freeway Adjacent Digital Display Billboards:
a. Approve a Resolution Adopting a Mitigated Negative Declaration (MND) 22-01; and b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-580-06 (Zoning Text Amendment) allowing for Freeway Adjacent Digital Display Billboards within the City 137
of Oxnard by amending specific provisions of Article IX of Chapter 16 of the Oxnard City Code, subject to certain findings.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6YWWXKtBXSo

BACKGROUND
EXECUTIVE SUMMARY:

The project includes a request for amendments to Article IX of Chapter 16 of the Oxnard City Code entitled Advertising Signs to permit up to four Freeway Adjacent Digital Display Billboards within the City, subject to specific conditions. The request before the City Council only sets the minimum and maximum standards (height, size, separation etc.) to which future development proposals would be held. Future development proposals would require a Special Use Permit and Development Agreement, whereby both the Planning Commission (Commission) and the City Council may request additional separation or disapprove a project due to site specific concerns.

The Ordinance, as originally drafted and recommended to the Commission, includes:
● Freeway Adjacent Digital Display Billboards (Billboard) could be located on City- owned property or right-of-way in any non-residential zones within 400 feet of the freeway right-of-way for U.S. Highway 101 (U.S. 101) within the City, subject to specific conditions
o The Commission recommended this be increased to 500’. (This is inconsistent with the environmental analysis because it increases the area in which the billboards would be allowed. If the City Council incorporates the Commission’s recommended changes, staf recommends this change be excluded because it is not consistent with the environmental review.)
● Freeway Adjacent Digital Billboard must be placed at a distance of at least 100 feet from the property line of any residentially zoned parcel
o The Commission recommended this be increased to 250 feet; ● Freeway Adjacent Digital Display Billboards would have a maximum face display area of 14 feet in height and 48 feet in width, would be oriented primarily for viewing from the adjacent freeway, and would have a maximum height of 55 feet as measured from the pavement level of the adjacent freeway to the bottom of the digital display or 80 feet to the top of the sign
o No change recommended by the Commission
● Each Freeway Adjacent Digital Billboard shall be separated from every other Freeway Adjacent Digital Billboard by at least 2,000 feet, with a maximum of five (5) allowed in the City o Staff recommends keeping the distance at 2,000 feet but reducing the maximum number to four (4), which is consistent with two Council approved Exclusive Negotiating Agreements. o The Commission increased this to 2,500 feet and reduced the maximum allowed to three (3) Freeway Adjacent Digital Billboards within the City.
● Eight (8) second minimum display time of each still image. o The Commission recommended increasing the minimum display time of each still image from eight (8) seconds to twelve (12) seconds.

Staff continues to recommend the approval of the Freeway Adjacent Digital Display Billboards as presented and recommended to the Commission, with the exception of decreasing the maximum number of billboards allowed from five to four as noted above, based upon:
138

1. City Council authorization, approval, and continued extensions of Exclusive Negotiation Agreements (ENAs) with both Outfront Foster Interstate and Clear Channel since 2019, which identified up to two potential Freeway Adjacent Digital Display Billboard locations in their respective ENA areas (for a total of four billboards). With the Commission’s recommend to increase the separation from residential uses, the two proposed Outfront Foster Interstate locations, that are also on tonight’s agenda, would not be allowed;

2. Compliance with State laws established by the California Department of Transportation (Caltrans), which is the agency responsible for regulating freeway safety;

3. Consistency with the General Plan, zoning, and the environmental review, specifically the negligible lighting impacts which does not allow an increase in illumination at any residentially zoned property by more than 0.5 footcandles. (This is further discussed in the “Key Projects Concerns” section of this report).

If Council does not approve staff’s recommendation on the subject Ordinance, the Special Use Permits, Development Agreements, and environmental analysis associated with two specific locations proposed by Outfront Foster Interstate that are also on tonight’s Council agenda cannot be approved. The Commission’s recommendation to increase the distance from residential zones means that the specific locations proposed by Outfront Foster Interstate would not be allowed under the City’s regulations (ordinance).

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

In summary, at this public hearing, the City Council has the option to move forward with: (1) the Freeway Adjacent Digital Display Billboards Ordinance as originally drafted that would allow for the billboard locations identified in ENAs; or (2) the Freeway Adjacent Digital Display Billboards Ordinance as modified by the Commission, which would require Outfront Foster Interstate to identify alternative locations for their potential signs. Should the City Council choose to take another action other than those identified, the City Council can direct staff to return at a future public hearing with revised approval documents incorporating the direction provided.

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

BACKGROUND:

ENA Discussions and Extensions
On June 18, 2019, the City Council approved and authorized the Mayor to execute Exclusive Negotiation Agreements (ENAs) with Clear Channel Outdoor, LLC and another with Outfront Foster Interstate, LLC -- both for two potential digital billboard sites each. Under the terms of the ENAs, both companies were given the exclusive right to negotiate with the City for an initial six-month period and two additional six-month terms if the projects were being diligently pursued by the parties. The ENAs are currently on the 7th Amendment, which runs through June 6, 2023. It is important to note that in the 6th Amendment, the Council removed the term “City-Owned” from the areas to be considered for billboards for Clear Channel (but not for Outfront Foster Interstate). This change was requested by Clear Channel and approved by the City Council because there are few properties or rights of way within this Freeway corridor that comply with the California Department of Transportation (Caltrans) laws and standards. Outfront Foster Interstate has already identified two proposed locations, both of which are on tonight’s City Council agenda. To allow for these and other potential signs contemplated under the Clear Channel ENA, the City is proceeding with the proposed Project.

Existing Off-Site Advertising Signs (Billboards) and Freeway Oriented Signage The City currently allows for billboards in the form of Off-site advertising signs in General Commercial (C-2), Commercial Manufacturing (C-M), Limited Manufacturing (M-L), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zones pursuant to the specific regulations of OCC 16-608. Under the proposed ordinance, the Freeway Adjacent Digital Display Billboards would be regulated separately from the Off-site advertising signs. The allowance of Freeway Adjacent Digital Display Billboards is much more limited, as they would only be allowed within 400 feet of U.S. 101 139
and only on City-owned property and rights-of-way.

PROJECT REQUESTS:

The request is for City Council approval of the Ordinance (PZ 20-580-06) and Mitigated Negative Declaration (MND) 22-01. The Freeway Adjacent Digital Display Billboards Ordinance (PZ 20-580-06) is summarized in the Executive Summary section of this report and the attached Commission staff report.

Staff recommends approval of the Ordinance as drafted (Attachment 4). The Commission recommended approval of the Ordinance, with the amendments described in the Executive Summary and included in Attachment 5.

Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City, as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. The MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The MND used the City of Oxnard CEQA Thresholds, and California recommended thresholds to determine if an environmental impact was large enough to be considered significant.

The MND found that implementing the proposed Project would result in potentially significant impacts associated with aesthetics (lighting), air quality, biological resources, cultural and tribal resources, and noise. Mitigation measures have been required to reduce each potentially significant impact to less than significant. Compliance with State law and the General Plan goals and policies identified within Sections 3.1 (Aesthetics and Urban Design), 3.3 (Air Quality), 3.4 (Biological Resources), 3.6 (Cultural Resources and Tribal Cultural Resources), and 3.12 (Noise) and implementation of the required mitigation measures within the Draft Mitigated Negative Declaration would reduce potential significant impacts. These measures include: (AES-1 through AES-3) regulating light trespass, including an operating mechanism for electronic billboard malfunctions or failures, conducting a third-party test for the installed electronic billboard, (AQ-1) demonstrating that the electronic billboard would not exceed Ventura County Air Pollution Control District thresholds of significance, (BIO-1 and BIO-2) conducting a pre-construction survey for active bird nests and conducting protocol focused survey for least Bell’s vireo, and (CUL-1 through CUL-3) monitoring and collecting, if necessary, any discovered historical, archaeological, paleontological, and tribal cultural resources. After the implementation of the required mitigation measures, the potential significant impacts would be reduced to less than significant. No remaining substantial impacts would occur. These mitigations will be applicable to any future projects developed under the Ordinance.

KEY PROJECT CONCERNS
Lighting Impacts on Residential Properties
Concerns were raised by Commissioners and members of the public regarding lighting impacts on residential properties.

Despite the MND determination that a 100’ distance from a billboard to a residential project had a negligible increase in lighting, the Commission recommended increasing the minimum required residential setback from 100 feet to 250 feet.

This was also partially in response to a comment provided by the County of Ventura (County), which recommended a 200-foot setback. However, the County comments provided no reasoning or analysis to support the change other than citing another jurisdiction. City staff reviewed the other jurisdiction's ordinance, cited by the County comment letter, and found that it does not include the specific lighting restrictions contained in the proposed Ordinance and required environmental mitigations, which are intended to minimize lighting levels, and impacts on residentially zoned property.

Therefore, simply comparing the required residential setback without accounting for the other requirements is 140
inappropriate, as the lighting impacts at those distances may be significantly different. As drafted, the Ordinance builds in standards that in combination with the mitigation measures reduce lighting impacts to less than significant at 100’ from residential projects.

City Staff and the City’s CEQA consultant prepared the MND, which analyzed lighting impact on any residential properties, including any residentially zoned property in the City and the County. The MND found that subject to the proposed Ordinance and required mitigation measures, there would not be a significant lighting impact based on the recommendations from the International Commission on Illuminance. Pursuant to the proposed Ordinance and Mitigation Measures, the maximum allowable increase in illumination at any residentially zoned property would be 0.5 footcandles.

These signs are oriented towards the freeway and include directionally oriented louvers to direct the lighting toward the freeway. Given the directional nature of the signs and the requirements of the proposed ordinance and mitigation measures, the maximum illumination in the direction of a residential zoned property is 0.2 footcandles at approximately 100 feet, based on lighting studies. While the specific number at any residentially zoned property may vary, at no time may it exceed 0.5 footcandles. This is significantly below the City adopted lighting requirements, which require projects be illuminated to a level of 1-7 footcandles throughout a project. Therefore, any additional lighting generated by the billboard would be negligible. Lastly, the proposed 100-foot setback is consistent with the City's previous approval of the Collection electronic sign, which is approximately 110 feet away from residentially zoned property.

Traffic Safety
Concerns were raised by some of the Commissioners regarding traffic safety. As the billboards are oriented to be viewed from the adjacent freeway, views from other adjacent streets would be minimal. However, as it relates to U.S. 101, any billboards developed under the proposed Ordinance are required to comply with all applicable laws and regulations concerning brightness, including, without limitation, California Building and Professions Code Section 5403(g) and California Vehicle Code Section 21466.5. These regulations ensure that the signs are constructed, operated, and maintained in a manner that would not adversely affect the vision of drivers on the highway. Per the California Department of Transportation (Caltrans) website for Outdoor Advertising, Caltrans “regulates the placement of outdoor advertising (ODA) displays visible from California highways. Caltrans performs regular reviews of freeways and highways identified on the National Highway System to enforce outdoor advertising requirements under the Federal Highway Beautification Act and the State's Outdoor Advertising Act.” Therefore, each sign constructed under the proposed ordinance would require a permit from Caltrans. With the inclusion of the State regulation in the ordinance and the requirement for a permit from Caltrans, each individual electronic billboard would not substantially increase hazards to drivers along U.S. 101, and less than significant impacts would occur. A comment letter was provided by the California Highway Patrol (CHP), which included statements claiming that signs result in increased traffic collisions; however, the claims were unsupported. Caltrans also submitted a comment letter during the public review period for the MND. Caltrans did not raise any concerns regarding the proposed Ordinance as long as the individual signs obtained the appropriate local and state permits. As Caltrans is the agency responsible for highway safety and allows for electronic billboards throughout the State, the City finds that subject to compliance with State and local regulations, there would not be any significant impacts related to traffic safety.

Visual Impacts
Concerns were raised by some of the Commissioners regarding overall visual impacts primarily related to the overall number of billboards as well as the proximity of the billboards. As a result, the Commission recommended that the maximum number of billboards be reduced from five (5) to three (3) and increased the minimum distances between the billboards from 2,000 feet to 2,500 feet. Following the Commission hearing, staff amended the maximum number of allowed billboards from 5 to 4, to be consistent with the ENAs. The ordinance would only allow the proposed billboards within the U.S. 101 corridor, which is generally characterized by urban or high-density development, as well as other similar large scale signage such as the existing Auto Center, Collection, and Esplanade signs. In addition to these signs there are numerous larger illuminated freeway signs, including electronic ones, along the corridor. The allowance of these new sign types would be consistent with the overall nature of the corridor. Lastly, the height of the signs are intentionally measured from the adjacent freeway grade. This form of measurement is used to ensure a consistent maximum height as viewed from the Freeway, due to portions of the freeway which are significant above or below the adjacent grade. This method of measurement is consistent with other freeway oriented billboard ordinances and will ensure a consistent view of the signs as people travel along the Highway.

While the proposed Ordinance would allow for up to four (4) billboards, each billboard would be subject to approval by both the Commission and City Council. Therefore, while the proposed Ordinance provides the flexibility to allow up to 141
four, the City would not be obligated to allow for four billboards should the decision maker decide not to approve that number of signs. The State regulation requires that freeway-oriented billboards be separated by at least 1,000 feet. As originally drafted, the proposed ordinance required that any proposed billboards be separated by at least 2,000 feet.

Aesthetic impacts, including impacts on views, were analyzed as part of the environmental analysis. The analysis determined that with the limit on the number of signs, the already increased separation requirement, and the commercial nature of the existing corridor, the proposed Ordinance would not have a significant visual impact. Lastly, as previously mentioned, the ordinance only establishes the minimum separation requirements. As City Staff, Commission, and City Council review proposals for each sign, the City can require additional increased distance due to site-specific concerns.

FINANCIAL IMPACT
The proposed Ordinance would allow for the development of Freeway Adjacent Digital Display Billboards, which are required to provide a public benefit to the City. Separate Public Hearings on the subject City Council agenda include Special Use Permits (SUPs) and their associated Development Agreements for two proposed Freeway Adjacent Digital Billboards. The Development Agreement is the mechanism to receive public benefits. If Council approves the subject Ordinance, Council will consider the associated SUPs, environmental documents, and Development Agreements. Those staff reports discuss the specific fiscal impacts; however, in summary, the Applicant would pay to the City thirty percent of the Annual Net Revenue, with a minimum guarantee of $150,000 per year per sign. This would equal a range of approximately $4.5M - $8.4M per sign ($9M- 16.8M if both signs are approved) over the thirty year term of the Development Agreements.

COMMITTEE OUTCOME
This is a Public Hearing and was reviewed by the Commission; therefore this item did not originate in Committee.

During the Commission’s public hearing on January 19, 2023, Commissioners asked a series of questions as a result of staff’s presentation. Five public comment letters/emails were received prior to the meeting, and one verbal comment was provided during the public comment period on Ordinance (PZ 20-580-06). The questions and comments were generally in regard to the impacts on views, lighting, and traffic safety. Following Commission deliberation, a motion was made and seconded to modify the proposed Ordinance as described in the Executive Summary section of this report. The January 19, 2023 Planning Commission meeting can be viewed online at the following link:
https://www.youtube.com/watch?v=DIS7Q-hYfgg.

This motion carried 3 (in favor) - 2 (against), with two commissioners absent.

Attachment 5 reflects the Commission’s recommended Ordinance to City Council, with the exception of increasing the distance from the freeway from 400 feet to 500 feet. This increased distance increases the area where billboards would be allowed, which is inconsistent with the current environmental analysis, and is therefore not included in the draft Ordinance. The Commission’s recommended action would still allow for Freeway Adjacent Digital Display Billboards; however the areas in which they could be allowed would be very limited and the two on the subject Council agenda could not be permitted.

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

ATTACHMENTS

1. Planning Commission Staff Report Materials dated 1_19_2023 and PC Public Comments 142

2. Final IS-MND_Billboard Ordinance_Final (22-01)

3. Resolution Adopting Mitigated Negative Declaration (MND) 22-01

4. Ordinance Approving PZ Permit No. 20-580-06 (Ordinance Amendment)

5. Ordinance Approving PZ Permit No. 20-580-06 (Ordinance Amendment)

6. Staff Presentation
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ORDINANCE NO. 3023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING ZONE TEXT AMENDMENT NO. PZ 20-580-06 TO AMEND OXNARD CITY CODE (OCC) CHAPTER 16 (ZONING CODE) PERTAINING

TO THE PERMITTING AND DEVELOPMENT REQUIREMENTS RELATED

TO FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS TO OCC
CHAPTER 16, ARTICLE II, SECTIONS 16-596 (SIGN DEFINITIONS), SEC. 16-608. SIGNS IN GENERAL COMMERCIAL AND INDUSTRIAL ZONES, SEC. 16-609. FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS, AND SEC. 16-610. GENERAL RESTRICTIONS. FILED BY THE CITY OF OXNARD, COMMUNITY DEVELOPMENT DEPARTMENT, 214 SOUTH C
STREET, OXNARD, CALIFORNIA 93030.

WHEREAS, the Planning Commission of the City of Oxnard has considered Zone Text Amendment (ZTA) PZ No. 20-580-06, filed by the City of Oxnard Community Development Department, to amend Chapter 16 of the Oxnard City Code (OCC) pertaining to permitting Freeway Adjacent Digital Display Billboards on parcels designated as commercial, industrial, or public facilities within 400 feet of the U.S. 101 right-of-way within the City of Oxnard. Amendments would be made to OCC Chapter 16, Article II, Sections 16-596 (Sign Definitions), Sec. 16-608. Signs In General Commercial and Industrial Zones, Sec. 16-609. Freeway Adjacent Digital Display Billboards, and Sec. 16-610. General Restrictions (“Project”); and WHEREAS, on January 19, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for a Zoning Text Amendment (PZ 20-580-06) in accordance with the Oxnard City Code; and WHEREAS, on January 19, 2023, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information and deliberated the merits of the Project. The Planning Commission voted to amend staff's recommended action to:

1. Allow for Freeway Adjacent Digital Display Billboards to be erected on City of Oxnard owned property or Right of Way, in any non-residential zones located within five hundred (500) feet of the freeway right-of-way for US Highway 101, instead of only four hundred (400) feet.

2. Decrease the maximum number of Freeway Adjacent Digital Display Billboards from five (5) to three (3).

3. Increase the separation between Freeway Adjacent Digital Display Billboards from 2000 feet to 2500 feet.

4. Increase the minimum required residential setback from one hundred (100) feet to two hundred and fifty (250) feet
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Ordinance No. 3023
Zone Text Amendment (PZ 20-580-06)

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Oxnard City CouncilApril 13, 2023

Oxnard City Council
April 13, 2023