Oxnard City Council
October 3, 2023

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.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

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 October 3, 2023
Closed Session - 4:30 PM
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 830 3868 3814

3. Passcode: 317540
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET INPERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/citymeetings. *Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.

AMENDED AGENDA
Item C.1 Closed Session - Added
Item N.1 - updated committee outcome
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 2
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. Aaron Starr
Court of Appeal, Second Appellate District, Division Six Case No. B314601 (Superior Court Case No.
56-2020-00539039-CU-MC-VTA)
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Oxnard Convention & Visitors Bureau (OCVB) Annual Report.

RECOMMENDATION: That the City Council receive the OCVB Fiscal Year 22-23 Annual Report. (Live presentation by Oxnard Convention & Visitors Bureau President & CEO, Julie Mino Buffo.) Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478

2. City Manager Department
SUBJECT: Community Relations Commission Annual Report
RECOMMENDATION: That the City Council receive the Community Relations Commission annual report.

Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 3
Contact: Martha Guillen, (805) 385-7434
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2023 as "Multicultural Month."

2. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2023 as "Breast Cancer Awareness Month."

3. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2023 as "Fire Prevention Month."

4. SUBJECT: Presentation of a Proclamation Designating October 9, 2023 as "Indigenous People's Day."
G. 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.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body 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.

1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Demographics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's statistics as compared with other cities in the region.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
I. 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.

J. REVIEW OF INFORMATION/CONSENT AGENDA
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 4
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

K. 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.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of September 5, 2023, regular meetings as presented.

Legislative Body: City Council
Contact: Dee Lai, (805) 385-8200

2. Police Department
SUBJECT: ABC-OTS Local Law Enforcement Grant FY 23-24
RECOMMENDATION: That the City Council adopt a resolution authorizing:

1. The City Manager to apply for $40,000 in grant funds from the Department of Alcoholic Beverage Control and the Office of Traffic Safety to be used for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, four (4) IMPACT Inspections and 5 Holiday Enforcements;

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of ABC-OTS Grant funds; and

4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

3. Police Department
SUBJECT: Resolution Commending Timothy Kelley for over Twenty-Seven Years of Service to the City of Oxnard
RECOMMENDATION: That the City Council adopt a resolution commending Timothy Kelley for over twenty-seven years of service to the City of Oxnard Police Department. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

4. Police Department
SUBJECT: Edward Byrne Memorial Justice Assistance Grant Program FY2023 Local JAG RECOMMENDATION: That City Council adopt a resolution:

1. Ratifying the prior execution and submission of an application for U.S. Department of Justice (DOJ) grant funds in the amount of $107,288 from the Edward Byrne Memorial Justice Assistance 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 5
Grant (JAG) Program FY2023 Local Solicitation with no matching fund requirement:

2. Authorizing the City Manager to execute a Memorandum of Understanding with the County of Ventura and the City of San Buenaventura designating the City of Oxnard as the lead agency and fiscal agent for the JAG;

3. Authorizing the City Manager or designee to execute grant agreements and appropriate funds upon notification of the grant award;

4. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims and approve administrative budget appropriation for the use of JAG funds upon award; and

5. Authorizing the Chief of Police or designee to submit all program related progress or status reports.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

5. Public Works Department
SUBJECT: Second Amendment to Agreement A-8141 with Dokken Engineering for Mandalay Bay Bridge and Edison Canal Bridge, Specification No. PW 18-61.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment with Dokken Engineering in the amount of $50,118 for a new not to exceed contract value of $343,612 to continue to provide Professional Engineering Services associated with the Mandalay Bay Bridge and Edison Canal Bridge, Project Nos. C1306 and C1307. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Harbour Island Homeowners Association Donation Agreement A-8531 to Waterway Maintenance District - Zone 2 (Harbour Island).

RECOMMENDATION: That the City Council, acting as the legislative body of the Waterway Maintenance District, approve and authorize:

1. An Agreement from the Harbour Island Homeowners Association for the donation of $15,446 for landscape maintenance and on-call services; and

2. Recognize the acceptance of the $15,446 donation from the Harbour Island Homeowners Association, and therefrom appropriate $15,446 to the Waterway Zone 2 Harbour Island District (Fund 40203801).
(Public Works Transportation Committee approved 2-0)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 6

7. Police Department
SUBJECT: Fifth Amendment with Speak Write, LLC. for Transcription Services RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Fifth Amendment to the Trade Services Agreement for Speak Write, LLC. increasing the not to exceed value from $200,000 to $275,000 and extending the contract to June 30, 2025. (Community Services, Public Safety, Housing & Development Committee approved 3-0) Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
M. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Appeal of the Planning Commission’s Decision to Approve the construction and conversion of 1,419 square feet of existing ground floor tenant space into a donut/coffee shop (Dunkin Donuts) and the conversion of one existing drive-through lane, including the reduction of on-site required parking, located at 2151 East Gonzales Road (60 minutes).

RECOMMENDATION: That the City Council conduct a public hearing and:
a. Adopt an Addendum to Mitigated Negative Declaration No. 01-09; and b. Adopt a Resolution denying the appeal and upholding the Planning Commission’s approval of Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit), subject to certain findings and conditions.
(This item is a public hearing and was heard by the Planning Commission; therefore, this item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/WEO75OPtuF8
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

2. Community Development Department
SUBJECT: Continuance of Noticed Public Hearing from September 19, 2023 City Council meeting.

Planning & Zoning (PZ) Permit No. 23-580-02: Zoning Text Amendments (ZTA) to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries and creation of indoor commercial cannabis cultivation regulations (20 minutes).

RECOMMENDATION: That the City Council:
a. Conduct a public hearing to introduce an ordinance amending Chapters 11 and 16 of the Oxnard City Code;
b. Determine if the City Council wishes to include the Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cannabis cultivation, as originally depicted in the 2018 cannabis cultivation map presented to the City Council;
c. If the City Council does not wish to include the Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cannabis cultivation, approve the introduction and first reading by title only and waive further reading of an ordinance titled:
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An ordinance of the City Council of the City of Oxnard amending the Oxnard City Code (OCC) Chapters 11 and 16 pertaining commercial cannabis activity (Zoning Text Amendment; PZ No. 23-580-02); and incorporate commercial cannabis cultivation (Section 16-163 and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City. d. Alternatively, if the City Council does wish to include Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cultivation, approve the introduction and first reading by title only and waive further reading of the following ordinance with the direction that the Trabajo Dr. area, and Camino Real Business Park Specific Plan area be included within the areas in which cultivation is allowed:

An ordinance of the City Council of the City of Oxnard amending the Oxnard City Code (OCC) Chapters 11 and 16 pertaining commercial cannabis activity (Zoning Text Amendment; PZ No. 23-580-02); and incorporate commercial cannabis cultivation (Section 16-163 and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in eight (8) identified areas of the City. (Council and Council Committee provided feedback in 2020 and 2023 respectively. That feedback was incorporated into a draft indoor cultivation ordinance and presented to the Planning Commission for the subject item before the City Council) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/nkfNfNv0XoM
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208
N. REPORTS

1. Finance Department
SUBJECT: Recommendation to Acquire and Implement Budget Software. (10 minutes) RECOMMENDATION: That the City Council:

1. Approve and authorize the City Manager to execute a five-year agreement with OpenGov, Inc. for OpenGov Budgeting & Planning software as well as OpenGov Reporting & Transparency software for a not to exceed amount of $771,493; and

2. Approve a budget appropriation of $60,110 in the Fiscal Year 2023-24 Information Technology Fund, from the available fund balance.
(The Finance & Governance Committee approved 3-0 on September 26, 2023) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/PLkICeWv76U
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, 805-385-5400

2. Public Works Department
SUBJECT: Public Project Agreement 32400153 with Toro Enterprises, Inc. for Arterial Street Resurfacing - Hueneme Road Improvement Project, Specification No. PW 23-111. (10 minutes) RECOMMENDATION: That the City Council approve and authorize:
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1. A total of $2,745,575.80 in Project funds for the Arterial Street Resurfacing Hueneme Road Street Improvement Project, Specification No. PW 23-111;

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc., in the amount of $2,287,979.80 for the Project;

3. A Project contingency amount of $228,798 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $228,798 for the Project;

4. A Project allocation amount of $228,798 (10%) for engineering, inspection, survey and project management (EISPM) for the Project; and

5. A project budget appropriation transfer in the amount of $975,066 from Ormond Beach Neighborhood Street Resurfacing Project C2109 to Arterial Street Resurfacing Project C2205 within the TAB HERO Fund (315).
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/jy7RhnGWSDI
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Public Project Agreement 32400207 with C.A. Rasmussen, Inc. for Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No. PW 23-100. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize:

1. A total of $11,636,763.05 in Project funds for the Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No. PW 23-100;

2. The Mayor to Execute an Agreement with C.A. Rasmussen, Inc. in the amount of $9,697,303.05 for the Project;

3. A Project contingency amount of $969,730 (10%) with C.A. Rasmussen, Inc. for a total not to exceed value of $969,730 for the Project;

4. A Project allocation amount of $969,730 (10%) for engineering, inspection, survey and project management for the Project; and

5. A project budget appropriation transfer in the amount of $3,328,400 from Neighborhood Street Resurfacing Project C2209 to Arterial Street Resurfacing Project C2205 within the Measure O Fund (104).
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/Cn2zuICT_v8
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 3, 2023 PAGE 9
O. ADJOURNMENT
9 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: October 3, 2023
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Oxnard Convention & Visitors Bureau (OCVB) Annual Report.

RECOMMENDATION
That the City Council receive the OCVB Fiscal Year 22-23 Annual Report. (Live presentation by Oxnard Convention & Visitors Bureau President & CEO, Julie Mino Buffo.)

BACKGROUND
The Oxnard Convention and Visitors Bureau (“OCVB”) was initially formed in May 1974 as a nonprofit corporation for the purpose of generating economic benefits to the City of Oxnard (“City”) by promoting the area and attracting more visitors. The vision of the OCVB is to lead Oxnard’s travel and tourism industry in promoting and marketing Oxnard as a premier leisure and business travel destination, seeking to bring significant economic and social benefits to our community. As such, OCVB’s mission statement is to establish the Oxnard area as a recognized destination for tourism and business travel. To promote Oxnard in primary markets and the local community, OCVB produces print, online, and social media materials, working collaboratively with neighboring Convention and Visitors Bureaus, Ventura County Coast, Central Coast Tourism Council, and Visit California to promote tourism across our region. Of importance is staying up to date on current travel trends and markets, so that the proper marketing and outreach is undertaken to maximize OCVB’s efforts. OCVB’s stated goals include continuing to provide connectivity between visitor sectors.

DISCUSSION
Visit Oxnard is the community marketing agency committed to telling the city’s integrated brand story. Allowing for strengthened partnerships, driving new revenue and enhancing Oxnard’s overall vibrancy through powerful storytelling that unite neighborhoods, businesses and individual voices to bring Oxnard to life and giving potential travelers the reason to visit Oxnard. Visit Oxnard’s strategy is in line with industry standards, most closely mirroring the strategy set forth by Visit California. As a destination marketing organization (DMO), OCVB’s goal is to drive tourism at the higher funnel inspiration layer, keeping Oxnard top of mind among familiar travelers, while inspiring consideration from new active travel intenders. Engagement key performance indicators (KPIs) like impressions, click-through-rate, sessions and time on site all feed into this awareness funnel. This higher funnel drives interest, which feeds into the lower transaction funnel or conversion layer, which is what drives destination-specific bookings.

Our mission is to drive tourism and overnight visitation by:
1) Building awareness of Oxnard ,
2) Improving the perception of Oxnard to residents/visitors, and 3) Growing our Audience.

These three high funnel/top layer activities inspire transactions. 10 This report serves as the OCVB report for FY 22-23. Exhibit B of the current Agreement (A-8142) defines performance measures. These include:
a. Serve as the City’s official tourism agency.
b. Develop a comprehensive marketing program.
c. Participate in activities related to the branding of the City.

One of the OCVB’s key performance indicators, and the foremost method for tracking success, is through hotel statistics.

Due to the COVID-19 pandemic, the City hotel statistics (Average Daily Rate and Occupancy) were down for the first time in 8 years. With travel starting to return, Oxnard is experiencing rates and occupancies that exceed 2019 (prepandemic) numbers in most 2022 and 2023 months.

Year-end 2022 calendar year hotel statistics, are as follows:
• 2022 Average Daily Rate is at $169.50, which is up 3.7% from the previous year (and up 18.4% from 2020) • 2022 Average Occupancy is at 69%, up 2.7%% from the previous year (and up 15.9% from 2020) Although all of our neighboring cities have similar Average Occupancy throughout the year, Oxnard continues to outperform neighboring cities on Average Daily Rate. . The Central Coast as a whole outperformed all of California’s statewide numbers.

Three new hotel properties are expected to come on-line in the next two years, which are projected to bring a 34% increase in available hotel rooms.

Other Stats (FY 22-23)

1. OCVB continues to have a strong social media presence with more than 64.5k combined followers (up from 59,900 in last year's report) across Facebook and Instagram, plus 4,041 followers and subscribers (up from 3,223 in last year's report) across Twitter, YouTube, Spotify, Pinterest, LinkedIn and TikTok. Social media has been instrumental in driving community relationships, increasing destination awareness and improving perception.

2. OCVB participates in a Visit California Localhood program titled CA NOW Travel Stories, generating content that is distributed on the Visit California website and on Google’s search pages. This past fiscal year, OCVB had 4 Top Trending stories in the Localhood program with over 6.6 million Google impressions, 13,012 story views and a 49.9% interaction rate.

3. OCVB compounds its social media reach by working with influencers. This past year, Visit Oxnard has worked with travel and foodie influencers including Tastemade (6.9 million followers), Traveling Newlyweds (74.4k follower), Fancy Treehouse (95.8k follower), TravelSeeWrite (165k followers), An Emerald City Life (24.5k followers) and more.

4. OCVB’s robust public relations strategy has, since July 1, 2022, resulted in earned coverage with top outlets including SFGate.com, FoxNews.com, NYPost.com, Locale Magazine, Fodor’s, Matador Network, PreVue Magazine, CA Meetings + Events, Drew Magazine, UsWeekly.com, 10Best.com, Yahoo.com, RD.com and Pasadena Magazine and more. Broadcast and radio interviews/coverage on NBC LA, KTLA 5 News, KEYT News, The Mambo in the Morning Show, The Super Cowboy Show, CBS News LA, KSBY, Spectrum News and more

5. The OCVB general tourism e-newsletter has 9,500 e-subscribers with up to a 62% open rate (industry average is

20.4%). This e-newsletter is circulated at least bi-monthly to drive awareness to Oxnard’s latest hospitality news, seasonal articles and tourism business offerings.

6. Compared to FY 21/22, the metric for visitoxnard.com website users grew 39% to 541,113 users. Sessions were up 40% year-over-year at 691,329 sessions, and pageviews were up 31% at 1,113,794 pageviews. This means that OCVB is gaining web visibility, with more users relying upon the organization’s website for information about Oxnard and its tourism offerings. The top 10 geographic referrals to visitoxnard.com outside Ventura County during FY 22/23 were Los Angeles, Dallas, Chicago, San Jose, San Diego, Phoenix, New York, San Francisco, Austin and Las Vegas. 11 7. Over the past year OCVB optimized 14 webpages; net +44 Google ranking improvements. OVCB also added the following pages on their website: Learn About Native American Culture in Oxnard; Island Fox: Found Nowhere Else on Earth; What to Explore Around Oxnard College; Oxnard’s Mexican American Heritage; Camping in California’s Channel Islands National Park; Discover St. John’s Regional Medical Center; Oxtreme Sports; Summer in Oxnard

8. OCVB engaged in paid media programming through marketing agency Madden Media (campaign dates September 1, 2022 through June 30, 2023), resulting in omni-channel media placements meeting or exceeding the following target metrics: Google SEM 72,037 clicks (108% of goal), Google Video Distribution 844,909 views (340% of goal), Google Prospecting 10,723,702 impressions (141% of goal), Meta Prospecting 39,916 clicks (98% of goal), and Meta Remarketing 48,352 clicks (392% of goal). OCVB utilized Madden’s Voyage destination intelligence platform to generate target audience data, ensuring that these campaigns were optimized in line with visitation and demand metrics.

This programming was partially funded by Council approved American Rescue Plan Act (ARPA) funds.

9. In addition to the digital marketing tactics noted above, OCVB participated in paid media placements, including an advertorial package with LAmag.com inclusive of digital publishing and promotion or our article on LAmag.com and a targeted Google Display traffic-driving campaign (750k impressions), a dedicated e-marketing campaign through Local Getaways, with reach to an active subscriber base of 36k+, digital display ads through the USA Today network in partnership with Local IQ to the Los Angeles designated market area (DMA) (100k impressions), a Pinterest campaign promoting our dining passes (571, 277 impressions) and a movie theater campaign in the Los Angeles DMA showcasing OCVB’s branded content piece “A Taco Story” in the pre-show (368k impressions from a captive audience of moviegoers).

10. Visit Oxnard created its 2024-2025 Visitor Guide (launching in October 2023). 60,000 will be printed and distributed to 532 locations throughout California, placed in Oxnard hotels, other local destinations, and as well distributed to individuals that request them.

11. OCVB ran print ads in AAA Westways (4.65 million circulation), Travel Guide to California (80k circulation), Edible Magazine (50k readers), VC Reporter (14k circulation), Meetings Today (114k unique audience), San Diego Magazine (205k+ circulation) and Phoenix Magazine (325k+ circulation). In conjunction with paid print ads, OCVB also earned placements for Oxnard as the cover story for Food & Travel Magazine (800k readership) and SoCal Life Magazine (25k circulation).

12. OCVB is greatly involved in industry relations to leverage opportunities for co-op programming. Co-op projects in partnership with Ventura County Lodging Association (VCLA) included three (two seasonal and one event-focused) sponsored e-marketing campaigns with Visit California (225k+ subscribers). OCVB also works with VCLA to maintain direct booking engine landing pages for visitoxnard.com, oxnard.org, thecollectionrp.com and several Oxnard events websites. These direct booking pages allow Oxnard hotels to generate revenue directly without paying third party fees.

The visitoxnard.com direct booking page alone garnered 38.8k hotel listing views and 2.5k clicks to hotel websites in FY 22/23. This metric is separate and non-inclusive of visitoxnard.com hotel listing page conversions, which measured 23,687 clicks to Oxnard business listings, 723 hotel registration inquiries and 1,496 clicks to call Oxnard businesses.

OCVB also participated in the California Road Trips Guide (1 million circulation), Visit California Visitor Magazine (500k circulation) and Central Coast Map (200k circulation) as co-ops in partnership with Central Coast Tourism Council.

13. OCVB’s Dallas Cowboys Training Camp landing page at visitoxnard.com/cowboys received 345k+ pageviews, or 25% of the pageview volume for the entire website for all of FY 22/23. Because the Cowboys are a global name and a huge draw for interest in tourism to Oxnard, OCVB invests in a robust marketing plan to grow its audience with this devoted fan base. In addition to promoting Training Camp on its owned channels and via earned placements, OCVB ran a comprehensive digital campaign, delivering 9k clicks through Search Engine Marketing, 15k clicks through Meta Prospecting and more than 5.8 million impressions through Google Prospecting; print ads in VC Reporter; outdoor ads including a static billboard off Highway 101 and a LED digital ad at The Collection; onsite activations and promotional giveaways plus the organization’s second annual Oxnard Fan Night in partnership with The Collection, starring the Dallas Cowboys Cheerleaders, Cowboys Mascot Rowdy and 5x Super Bowl Champion Charles Haley.

14. OCVB accepted $1.5 million in ARPA funds to oversee destination marketing and management projects. These 12 projects, some of which are ongoing, have spanned the past two fiscal years. OCVB absorbed all administrative costs associated with these projects, and 100% of these funds went directly to project hard costs. An ongoing project, OCVB assisted the City in developing a branded film application packet and website for Oxnard’s film coordination and liaison efforts to attract major productions to Oxnard and drive economic activity. Another ongoing project, in coordination with Mayor Zaragoza’s gateway program, OCVB stakeholders finalized design approvals for a citywide wayfinding system directing residents and visitors alike to major points of interest throughout Oxnard. A completed project, OCVB worked with artist Maxfield Bala who hand-painted the “Greetings from Oxnard” mural on the exterior of Oxnard Transit Center and installed a 360-degree mural inside the building.

The following projects were completed (and reported on) in fiscal year 2021-2022, but are included in this report to provide context for the breadth of OCVB’s deliverables for the ARPA contract: OCVB allocated funds to install a 24/7 livestream camera at Marine Emporium Landing so visitors can check the weather in real time; streaming subscription costs for this live cam come from OCVB budget. OCVB was ran digital programming in partnership with Expedia, TripAdvisor, Visit California, Weekend Sherpa and The Journal of Lost Time; deployed a comprehensive digital marketing campaign with its media agency; underwrote the full cost of advertising for Oxnard businesses in the Visit Oxnard 2022/23 Visitor Magazine and distributed the magazine in 583 California locations. Upon completion, OCVB submitted a wrap-up report to the City detailing the campaigns delivered and performance metrics measured.

15. This past year, OCVB helped celebrate the grand opening of Zachari Dunes on Mandalay Beach after a top-to-bottom multi-million-dollar transformation. This property is the City’s top contributor to Transient Occupancy Tax (TOT).

Within a month of opening, Zachari Dunes served as the host resort for Smart Meetings National Conference, which welcomed 120 qualified meeting planners and suppliers to Oxnard.

16. OCVB attended 11 group and leisure trade shows in FY 22/23, making connections with thousands of potential visitors and meeting planners.

17. The OCVB team members sit on 17 industry Board of Directors and Committees throughout our region, state and nation.

18. OCVB was also recognized for their efforts in FY 22/23 receiving the following awards from industry partners:
a. USA Today 10Best - No. 1 Best Beach on the West Coast - Oxnard Beach Park 2023 b. The Telly Awards - Gold Telly Winner in People's Telly - Branded Content: "A Taco Story" 2023 c. The Telly Awards - Silver Telly Winner in Branded Content - Travel/Tourism: "A Taco Story" 2023 d. AVA Digital Awards - Platinum Award - "A Taco Story" 2023 e. Smart Meetings - Smart Women in Meetings Award 2023 – Industry Leader f. Forbes Top 10 Places to Live in California 2023 - Oxnard Ranked #7 g. Neighbor.com Most Neighborly Cities in America 2022 - Oxnard Ranked #4 h. West Ventura County Business Alliance - Visit Oxnard Wins Community Influencer of the Year 2022 Oxnard Tourism Marketing District ("OTMD")
Lodging business owners pursued formation of the OTMD in 2019 in order to create a dedicated revenue source devoted to marketing Oxnard as a tourist, meeting, and event destination. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses.

The OTMD includes all lodging businesses located within the boundaries of the City of Oxnard, except lodging businesses with fifty-four (54) rooms or less and RV parks.On March 5, 2019, City Council approved OCVB to form the Oxnard Tourism Marketing District (“OTMD”), which includes an annual assessment rate of one and one-half of one percent (1.5%) of gross room rental revenue in addition to the existing Transient Occupancy Tax (TOT), and other guest charges and fees. Despite the pandemic, the OTMD raised on average approximately $670,000 annually to be used directly to support tourism in Oxnard.

The OTMD renewal process just concluded with 100% support from affected lodging businesses. Come April 1, 2024 the OTMD district will be renewed with a 2% assessment with a 9 year, 3 month term. The OTMD is expected to generate approximately $990,0000 annually.
13 OCVB Agreement
The City Council approved a five-year agreement with OCVB on May 21, 2019, of which we are in the fifth and final year of the five-year agreement. This contract will expire on June 30, 2024. The 2019 contract amount represented a $300,500 (47%) reduction from the previous agreement compensation of $641,124.

Given all the demands on City funds, OCVB has found that the formation of the OTMD was a vital method to achieve the goals of the organization, while at the same time reducing the City's financial assistance. Since the OTMD funding is limited to marketing the specific lodging business paying into the OTMD, it is vital that the City provide direct funding to OCVB to ensure that Oxnard as a whole is promoted as a premier leisure and business travel destination.

Staff and OCVB will return at a later date to request Council consideration of a new contract.

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.

FINANCIAL IMPACT
There is no impact associated with this report. On May 21, 2019, the City Council approved an agreement with OCVB (Agreement No. A-8142) to receive the following financial contributions from the City's general fund:

1. FY 2019-20, $340,624 in year one,

2. FY 2020-21 $350,000 in year two,

3. FY 2021-22 $300,000 in year three,

4. FY 2022-23 $265,000 in year four, and

5. FY 2023-24 $270,000 in year five. (current year)

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Ashley Golden, Assistant City Manager

ATTACHMENTS

1. OCVB Annual Report Presentation FINAL
14 9/21/2023
1 FY22/23

VISIT OXNARD

ANNUAL REPORT
15 9/21/2023
2 FY 23/24
VISIT
OXNARD
Board of Directors
Executive Committee
Steve Buenger, Chair
Marine Emporium Landing
Dolores Licon, Secretary
Homewood Suites
David Neel, Treasurer
Murphy Auto Museum
General Board
Millicent Bennett
Residence Inn by Marriott
Kristina Brewer
RE/MAX Gold Coast Property Management
Joe Cabral
Best Western Oxnard Inn
Tony Dybeku
Waterside Restaurant
Juliana Finberg
The Collection at RiverPark
Adam Gonzalez
805Keto.com
Hutton John
The Haven at Whitesails
Ben Ly
Zachari Dunes on Mandalay Beach
Ashley Golden, City Manager’s Office
City of Oxnard
Nancy Lindholm
West Ventura County Business Alliance
Bryan MacDonald
Council Member, Oxnard
Stacy Miller
Stacy Miller Public Affairs
Mark Spellman
Lazer Media
Michael Tripp
Ventura County Harbor Department
Channel Islands Harbor
Brian Tucker – Board Advisor
Ventura County Coast
VALUES
Inclusivity, diversity and representation in marketing. Sensitivity to locals and residents. Follow through with our brand promise, ensuring that our brand is truthful and accurate in its messaging.

Support to local retail and hospitality businesses. Build, maintain and grow a positive working relationship with local stakeholders and government officials.

MISSION
To promote and market Oxnard as a premier leisure and
business travel destination, bringing significant economic and social benefits to our community.

BRAND PROMISE
Oxnard is a destination that offers value to those seeking experiences in family, cultural, outdoor adventure and group travel.

MULTIFACETED APPROACH
Owned Media
Earned Media
Paid Media
Meetings & Tradeshows
ARPA Projects
Dedicated & Involved Team
16 9/21/2023
3 OVERVIEW OF MARKETING PLAN FY22/23
Media for this slide will be presented during
the City Council Meeting on October 3, 2023.
17 9/21/2023
4 WEBSITE WEBSITE
Media for this slide will be presented during the
City Council Meeting on October 3, 2023

WEBSITE
Media for this slide will be presented during the City
Council Meeting on October 3, 2023
18 9/21/2023
5 DIRECT BOOKING ENGINE
EMAIL
EMAIL

MARKETING
EMAIL
19 9/21/2023
6 SOCIAL MEDIA

64.5k

COMBINED

FOLLOWERS
ACROSS

FACEBOOK AND

INSTAGRAM
4,041

FOLLOWERS AND

SUBSCRIBERS ACROSS

TWITTER, YOUTUBE,

SPOTIFY, PINTEREST,

LINKEDIN AND TIKTOK

SOCIAL MEDIA

OWNED MEDIA

RESTAURANT PASS
20 9/21/2023
7 OWNED MEDIA

TACO TRAIL
21 9/21/2023
8 INFLUENCER PARTNERSHIPS

EARNED MEDIA
EARNED MEDIA | PRINT & ONLINE COVERAGE
Media for this slide will be presented during the City
Council Meeting on October 3, 2023
22 9/21/2023
9 EARNED MEDIA | BROADCAST & RADIO COVERAGE
Media for this slide will be presented during the City
Council Meeting on October 3, 2023

EARNED MEDIA

AWARDS & HONORS
23 9/21/2023
10 BRANDING CAMPAIGN

A TACO STORY
24 9/21/2023
11 DIGITAL ADS

PRINT ADS
25 9/21/2023
12 OUTDOOR ADS

INCLUSION IN THE

CALIFORNIA TRAVEL

CONVERSATION

QUALIFIED LEADS GENERATED

FROM CO-OPS

REDUCED RATES ON AD BUYS

AND REMNANT SPACE

OPPORTUNITIES

CENTRAL COAST MAP

VISIT CALIFORNIA

E-NEWSLETTER MARKETING

VISIT CALIFORNIA ROAD TRIPS
GUIDE

VISIT CALIFORNIA VISITOR

MAGAZINE

INDUSTRY CO-OPS &

COLLABORATIONS
26 9/21/2023
13 TRADESHOW SCHEDULE
Destinations California
Monterey, CA
August 28-30, 2022
Destination West
Tucson, AZ
November 1-3, 2022
Smart Meetings
Zachari Dunes on Mandalay Beach
November 6-8, 2022
Connect West
San Francisco, CA
November 8-9, 2022
CalSAE – Seasonal Spectacular
Sacramento
December 13-14, 2022
Travel & Adventure Show
New York, NY
January 28-29, 2023
Travel & Adventure Show
Denver
February 25-26, 2023
Go West Summit
Anchorage, AK
February 28-March 2, 2023
Connect Spring Marketplace
Las Vegas, NV
April 10-13, 2023
Destination West - Denver
Denver, CO
May 11-14, 2023
IPW
San Antonio, TX
May 20-24, 2023
Destinations California
San Diego, CA
September 28-30, 2023
Small & Boutique Meetings
Tucson, AZ
November 7-9, 2023
NTA – Travel Exchange
Shreveport. LA
November 12-15, 2023
CalSAE – Seasonal Spectacular
Sacramento, CA
December 12-13, 2023
Travel & Adventure Show
Chicago, IL
January 13-14, 2024
Travel & Adventure Show
Denver, CO
January 20-21, 2024
Travel & Adventure Show
New York, NY
January 27-28, 2024
Travel & Adventure Show
Phoenix, AZ
February 17-18, 2024
Connect Marketplace
Las Vegas, NV
April TBD, 2024
IPW
Los Angeles, CA
May 3-7, 2024
27 9/21/2023
14 MEETINGS & EVENTS GUIDE
Media for this slide will be presented during the
City Council Meeting on October 3, 2023

ZACHARI DUNES ON MANDALAY BEACH
28 9/21/2023
15 SMART MEETINGS NATIONAL
29 9/21/2023
16 OXNARD FAN NIGHT
30 9/21/2023
17 • 345k VisitOxnard.com/cowboys
pageviews (25% of FY 22/23
pageview volume)
• LED Billboard at The Collection
• Static Billboard off Highway 101
• Print ads in VC Reporter
• Onsite activations and promotional
giveaways
• Oxnard Fan Night in partnership w/ The
Collection
• 9k clicks through Search Engine
Marketing (SEM)
• 15k clicks through Meta Prospecting
• 5.8 million impressions through Google
Prospecting
• Ad in the Official Dallas Cowboys
Yearbook
• Ad in the WVCBA Program Guide
DALLAS

COWBOYS
TRAINING CAMP Marketing Initiatives

DALLAS COWBOYS TRAINING CAMP
31 9/21/2023
18 ARPA
Media for this slide will be presented during the City
Council Meeting on October 3, 2023
ARPA
32 9/21/2023
19 ARPA
ARPA
33 9/21/2023
20 Cal Travel Board Member
Cal Travel Communications Committee
Cal Travel Awards Committee Chair
California DMO Alliance Board Member
CalSAE Elevate Conference Committee
CalSAE Membership Committee
Central Coast Tourism Council Board Member
Central Coast Tourism Council Public Relations
Committee Chair
Destinations International Small DMO
Committee
Oxnard Downtown District Identity &
Placemaking Committee
West Ventura County Business Alliance Board
Member
West Ventura County Business Alliance
Military Appreciation Committee
Visit California Public Relations Committee
Visit California DMO Leadership Committee
Visit California Brand & Content Committee
Ventura County Coast Board Member
Ventura County Coast Tradeshow Committee
22/23 BOARD & COMMITTEES
34 9/21/2023
21 LOOKING FORWARD
35 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.2
DATE: October 3, 2023
TO: City Council
FROM: Martha Guillen, Executive Assistant, (805) 385-7434, [email protected] SUBJECT: Community Relations Commission Annual Report

RECOMMENDATION
That the City Council receive the Community Relations Commission annual report.

BACKGROUND
The Community Relations Commission (CRC) serves as an advisory body to the City Council focused on community relations issues and needs in the City. Their efforts are focused on promoting mutual understanding and respect among all residents of the city, sharing educational resources that will assist in eliminating discriminatory practices, and serving as an information resource and promoting community events and organizations focused on these efforts.

The CRC is responsible for providing an annual report of activities to the City Council. This live presentation will include highlights of the commission’s activities over the past 12 months, showcasing the annual Multicultural Festival, the annual Community Recognition Awards, and the various community programs and organizations who provided presentations at the monthly commission meeting.

The CRC will continue to work with local organizations and staff to showcase the valuable work these organizations do in Oxnard to promote mutual understanding and work to discourage and prevent practices of discrimination in all forms.

STRATEGIC PRIORITIES
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
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Martha Guillen, Executive Assistant

ATTACHMENTS
None
36 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: October 3, 2023
TO: City Council
FROM: Dee Lai, Interim City Clerk, (805) 385-8200, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the minutes of September 5, 2023, regular meetings as presented.

BACKGROUND
Approval of Minutes.

STRATEGIC PRIORITIES
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
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Dee Lai, Interim City Clerk

ATTACHMENTS

1. 09 05 2023 Council Minutes
37 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
September 5, 2023
A. ROLL CALL, POSTING OF AGENDA
At 4:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The Interim City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Councilmember Oscar Madrigal; Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Madrigal arrived at 4:33 p.m.

Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
Jason Gonzalez v. City of Oxnard, Ventura County Superior Court Case No. 56-2019-00523147-

CU-PA-VTA

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 209 East Sixth Street, Oxnard, CA (APN 201-0-213-120) Agency Negotiator: Emilio Ramirez
Negotiating Party: Fausto Solis
Under Negotiation: Price and terms of payment
Legislative Body: City Council

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: (Street Address Not Assigned) (APN 201-0-213-150) Agency Negotiator: Emilio Ramirez
Negotiating Party: Alice Flores
Under Negotiation: Price and terms of payment
Legislative Body: City Council
At 4:32 p.m., the City Council recessed into a closed session. At 5:12 p.m., the City Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session on item C.1. The City Council will reconvene at the conclusion of the meeting to discuss items C.2 and C.3.
38 September 5, 2023 OXNARD CITY COUNCIL PAGE 2
D. APPOINTMENT ITEMS (5:00 PM)

1. Police Department
SUBJECT: Police Department Update. (50 minutes)
RECOMMENDATION: That the City Council receive a report from the Police Chief on a variety of current public safety-related topics.

Jason Benites, Police Chief, presented a variety of current public safety-related topics and answered the City Council’s questions. No public comments were received. Discussion ensued among the council and staff.

E. OPENING CEREMONIES (6:00 PM)
Mayor Zaragoza led the pledge of allegiance.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Commendation to Chuck Carter for his outstanding contribution to the ongoing water quality issues in the Channel Islands Harbor.

Mayor Zaragoza read the Commendation and delivered it to Chuck Carter. Chuck Carter joined the Council on the dais to accept the Commendation, thanked the Council, and spoke briefly.

Public comment was received from Joan Tharp.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
No public comments were received.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Local Government Fun Fact: Comparative Cities Demographics.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Oxnard's utilities rates as compared with other cities in the region.

Alex Nguyen, City Manager, provided community updates.

Michael Wolfe, Public Works Director, provided Oxnard's utility rates as compared with other cities in the region.

Public comment was received from Pat Brown.

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

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities. Councilmember Perello requested that a future agenda item be added to address religious icon and the separation of church and state.

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L.9 were discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comment was received from Greg Runyon.
39 September 5, 2023 OXNARD CITY COUNCIL PAGE 3
L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of July 5, 18, and 27, 2023, regular meetings as presented.

2. City Attorney Department
SUBJECT: Resolution Commending Eleanor Ebdon for over Twenty-Two Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,739 commending Eleanor Ebdon for over twenty-two years of service to the City of Oxnard. (This item did not originate in Committee.)

3. Police Department
SUBJECT: Officer Wellness and Mental Health Grant.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,740:

1. Accepting a grant from the Board of State and Community Corrections (BSCC) California in the amount of $152,351.94 for officer wellness and mental health, with no matching funds requirement; and

2. Authorizing the City Manager or designee to execute the grant agreement and appropriate funds for the grant award; and

3. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims for the use of officer wellness and mental health funds award; and

4. Authorizing the Chief of Police or designee to submit all program-related progress or status reports.
(This item did not originate in Committee)

4. Public Works Department
SUBJECT: Trade Services Agreement 32400020 with Blackpointe Group Construction & Management Inc., for On-Call Storm Channel Cleaning Services.

RECOMMENDATION: That the City Council approve and authorize the execution of an Agreement with Blackpointe Group Construction & Management Inc. (Blackpointe), for an amount not to exceed $900,000 for a three-year term ending September 19, 2026, for On-Call Storm Channel Cleaning Services for the Public Works Department. (Public Works and Transportation Committee approved 3-0)

5. Public Works Department
SUBJECT: Trade Services Agreement 32400014 with SNF Polydyne Inc. dba Polydyne Inc. for the Supply and Delivery of Cationic Polymer to the Wastewater Division.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an agreement with SNF Polydyne Inc. dba Polydyne Inc. (Polydyne) for an initial one-year term through September 6, 2024, with the option to extend through September 6, 2026, for a total 40 September 5, 2023 OXNARD CITY COUNCIL PAGE 4
contract not-to-exceed amount of $900,000, if extended, for the supply and delivery of cationic polymer to the Wastewater Division.
(Public Works and Transportation Committee approved 3-0.)

6. City Manager Department
SUBJECT: 2024 Meeting Schedule for Legislative Bodies.

RECOMMENDATION: That City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority adopt the proposed meeting dates for the calendar year 2024.
(This item did not originate in Committee.)

7. Police Department
SUBJECT: Audit Services with Eadie & Payne, LLP for the 2020-2023 California Violence Intervention and Prevention (CalVIP) Grant

RECOMMENDATION: That the City Council approve an agreement in the amount not to exceed $25,000 with Eadie and Payne, LLP to perform an audit of the 2020-2023 California Violence Intervention and Prevention (CalVIP) grant.
(This item did not originate in Committee)

8. Fire Department
SUBJECT: Response to Grand Jury Finding and Recommendation

RECOMMENDATION: That the City Council comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Water Availability for Wildfires in Ventura County" dated June 12, 2023, and the Mayor also comment on the findings and recommendations and submit such comments through the form titled "Response to 2022-2023 Ventura County Grand Jury Report Form."
(This item did not originate in Committee)

9. Public Works Department

SUBJECT: First Amendment to Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project PW 22-83.

RECOMMENDATION: That the City Council approve and authorize the execution of a First Amendment to a Professional Services Agreement with Tetra Tech, Inc. (Tetra Tech) to increase the not to exceed amount from $850,000 to $947,000 for additional design work required for the Kamala and Hobson Cast Iron Pipe Replacement Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Consent Items L.1 – L.9
41 September 5, 2023 OXNARD CITY COUNCIL PAGE 5
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela Zavala, to approve the recommended action with the correction to the July 5, 2023 minutes, agenda item G.1 (Local Government Fun Fact), to remove the word “counties” in the first sentence, to read as follows:

The City Manager, Alex Nguyen, provided statistics from the California Department of Education on the Best Schools in Ventura County and the Ventura County School District Performance to offer a comparison of how public school systems in the community and counties surrounding the City of Oxnard are doing. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

M. PUBLIC HEARINGS

1. City Manager Department

SUBJECT: Resolution Declaring Results of Majority Protest Proceedings, adoption of Resolution and Second Reading and Adoption of the Ordinance to Renew the Oxnard Tourism Marketing District. (10 minutes)

RECOMMENDATION: That the City Council:

1. Hold a final public hearing, declare results of the majority protest proceeding, and adopt a Resolution No. 15,741 renewing the Oxnard Tourism Marketing District; and

2. Adopt Ordinance No. 3030 adding Sections 13-3 through 13-13 to Article 1.5 of Chapter 13 of the Oxnard City Code regarding the Oxnard Tourism Marketing District. (This item did not originate in Committee. Related items were heard at the June 29, 2023 and July 18, 2023 Council meetings.)
The Interim City Clerk announced that the notices required by law have been mailed to record business owners within the proposed district and that no written communications have been received.

Ashley Golden, Assistant City Manager, posted a video presentation and was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comment was received from Pat Brown.

Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the council and staff.

The Interim City Clerk announced that written protests were not received from owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied. A majority protest has not been achieved.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

N. REPORTS

1. City Attorney Department
SUBJECT: Omnibus City Code Update. (10 minutes)

RECOMMENDATION: That the City Council approve the introduction and first reading by title only and waive further reading of an ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING 42 September 5, 2023 OXNARD CITY COUNCIL PAGE 6

VARIOUS SECTIONS OF THE OXNARD CITY CODE TO ADDRESS CHANGES IN STATE LAW, CORRECT ERRORS, AND UPDATE GENDER-NEUTRAL REFERENCES." (The Finance & Governance Committee approved 3-0 on July 25, 2023) Jason Zaragoza, Deputy City Attorney, and Stephen Fischer, City Attorney, were available to answer questions.

No public comments were received. Discussion ensued among the council and staff.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

2. Public Works Department
SUBJECT: Draft Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement A-8537. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to sign, once finalized, the Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement (Agreement) with the County of Ventura, the Ventura County Watershed Protection District, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks.
(This item did not originate in Committee)
Michael Wolfe, Public Works Director, was available to answer questions. Public comment was received from Pat Brown. Discussion ensued among the council and staff.

Prior to consideration of this item, Councilmember Teran recused himself and announced his conflict due to his professional relationship with the Ventura County Public Health Department.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0. Councilmember Teran was recused.

3. Public Works Department

SUBJECT: Public Project Agreement 32400076 with Toro Enterprises, Inc. for Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104. (10 mins)

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $4,170,133.72 in Project funds for the Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104 (Project No. C2209);

2. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $3,475,111.72 for the Project;

3. Authorize a Project contingency amount of $347,511 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $3,822,622.72 for the Project; and

4. A Project allocation amount of $347,511 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City 43 September 5, 2023 OXNARD CITY COUNCIL PAGE 7
Council.)
Michael Wolfe, Public Works Director, was available to answer questions. Public comment was received from Pat Brown. Discussion ensued among the council and staff.

It was moved by Councilmember Valenzuela Zavala, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 7-0.

At the conclusion of agenda item N.3, at 7:45 p.m., the City Council recessed into a closed session. At 8:02 p.m., the City Council reconvened in an open session. Stephen Fischer, City Attorney, announced that no reportable actions resulted from closed session on items C.2 and C.3.

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:03 p.m.
____________________________ ____________________________ DEE LAI JOHN C. ZARAGOZA
Interim City Clerk Mayor
44 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: October 3, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: ABC-OTS Local Law Enforcement Grant FY 23-24

RECOMMENDATION
That the City Council adopt a resolution authorizing:

1. The City Manager to apply for $40,000 in grant funds from the Department of Alcoholic Beverage Control and the Office of Traffic Safety to be used for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, four (4) IMPACT Inspections and 5 Holiday Enforcements;

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of ABC-OTS Grant funds; and

4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)

BACKGROUND
The Department of Alcoholic Beverage Control (ABC) and the Office of Traffic Safety are awarding grant funding to local law enforcement agencies to be utilized for the Minor Decoy Program, Shoulder Tap Program, IMPACT Inspections and Holiday Enforcement operations.

The Oxnard Police Department is committed to reducing alcohol-related crimes and improving the quality of life for community members through innovative approaches and proven techniques while working closely with outside agencies.

The City of Oxnard will apply for $40,000 in grant funds to be used to fund personnel costs for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, and four (4) IMPACT Inspections, five (5) Holiday Enforcements. The increased ABC enforcement will increase awareness and help to reduce the use of alcohol by minors.

The goal of the Minor Decoy Program is to reduce the number of licensees who sell alcoholic beverages to minors. The Minor Decoy Program is an important and effective tool for law enforcement officials in combating sales of alcoholic beverages to persons under the age of 21 years. Local law enforcement agencies began using the program in the early 1980s. On April 4, 1994, the California Supreme Court issued a unanimous decision upholding the underage decoys by law enforcement officials.

The Shoulder Tap Program targets adults who furnish alcoholic beverages to minors. “Shoulder Tapping” refers to the practice used by minors to obtain alcohol from adult strangers near off-sale retail outlets. An underage decoy approaches adults outside an alcohol outlet and requests that the adult purchase alcohol on their behalf. Both the Minor Decoy and Shoulder Tap Programs are conducted under the strict supervision of law enforcement officers. 45 The Oxnard Police Explorer Program will volunteer two minors to be used as decoys during each operation. Local ABC Agents will work with the Oxnard Police Department in each operation. The results of each operation will be published through multiple forms of social and traditional media.

The IMPACT inspections will allow the Oxnard Police Department to partner with local licensees and remind them of the responsibilities and accountability associated with the sale of alcohol. Officers will also inspect licensed premises for compliance with state and local laws.

The Police Department seeks to accomplish the following goals and objectives by securing this grant funding:
● Reduce the number of establishments selling alcohol to minors. ● Reduce the number of adults purchasing alcohol for minors. ● Promote awareness that providing alcohol to minors is illegal, and those that do will be prosecuted.

STRATEGIC PRIORITIES
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.

FINANCIAL IMPACT
Upon notification of the grand award, staff will recognize revenue and appropriate expenditures in Fiscal Year 2023-24 in the State Grant Fund (Fund 210) for a total of $40,000. The grant does not require ongoing or one-time City matching contributions.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Edgar Fernandez, Police Commander

ATTACHMENTS

1. ABC-OTS Local Enforcement Grant (Oxnard P.D.)

2. Resolution - ABC-OTS Grant FY 23-24 (revised)
46 47
48 49
50 51
52 53

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF GRANT APPLICATION FOR THE

ALCOHOLIC BEVERAGE CONTROL (ABC) & OFFICE OF TRAFFIC SAFETY (OTS)

LOCAL LAW ENFORCEMENT GRANT
WHEREAS, City Council Resolution No. 12,053 sets out the procedures by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, the Police Department has requested that City Council approve the submission of an application to the Department of Alcoholic Beverage Control for $40,000 in grant funds, to be used to conduct Minor Decoy Operations, Shoulder Tap Operations, IMPACT Inspections and Holiday Enforcement.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager for grant funds to be used to conduct Minor Decoy Operations, Shoulder Tap Operations, IMPACT Inspections, Holiday Enforcement and resolves to recognize grant revenue in the amount of $40,000 from the Department of Alcoholic Beverage Control. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Chief of Police or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS ___3__ day of __October_ 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
54 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: October 3, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Timothy Kelley for over Twenty-Seven Years of Service to the City of Oxnard

RECOMMENDATION
That the City Council adopt a resolution commending Timothy Kelley for over twenty-seven years of service to the City of Oxnard Police Department.
(This item did not originate in Committee.)

BACKGROUND
Timothy Kelley began his law enforcement career in January of 1996 as a Public Safety Trainee for the City of Oxnard.

Throughout his career, Commander Kelley held a wide variety of assignments within the Police Department, including:

Field Training Officer; Special Enforcement Unit / SWAT Team Officer, Senior Police Officer, and Police Sergeant. As a Sergeant, he served in the roles of: Professional Standards Training Sergeant; Neighborhood Policing Sergeant in District 3 (which includes the Colonia, Cal Gisler, and Lemonwood Neighborhoods); Patrol Support Division/Traffic Sergeant; and Internal Affairs Sergeant. At the rank of Commander, he oversaw the Special Operations Division, which includes the Special Enforcement Unit / SWAT Team, K-9 Unit, Firearms Training Unit, and Force Options Unit.

Commander Kelley's contributions to the Police Department are many. He was a Force Options Instructor/Supervisor and a Defensive Tactics Instructor/Supervisor.

Over the course of his career, Commander Kelley has received numerous awards and commendations, including the Medal of Valor, and the Chiefs Award of Excellence.

We extend our best wishes to Commander Kelley on his retirement, and thank him for his dedicated service to the City of Oxnard.

STRATEGIC PRIORITIES
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
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.
55 Prepared by: Nellie Estrada, Administrative Assistant

ATTACHMENTS

1. Timothy Kelley Resolution dl
56 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

COMMENDING TIMOTHY KELLEY FOR OVER TWENTY-SEVEN YEARS OF

OUTSTANDING SERVICE TO THE CITY OF OXNARD
WHEREAS, Timothy Kelley has given over twenty-seven years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department; and WHEREAS, Timothy Kelley began his law enforcement career in January of 1996 as a Public Safety Trainee for the City of Oxnard; and
WHEREAS, throughout his career, Commander Kelley held a wide variety of assignments within the Police Department, including Field Training Officer; SEU/SWAT Officer, Senior Officer, and Sergeant; Training Sergeant; District 3 (Colonia Neighborhood) Sergeant; Patrol Support/Traffic Sergeant; Internal Affairs Sergeant; and Special Operations Commander; and WHEREAS, Commander Kelley’s contributions to the Police Department are many. He was a Force Options Instructor/Supervisor and a Defensive Tactics Instructor/Supervisor; and WHEREAS, over the course of his career, Commander Kelley has received numerous awards and commendations, including the Medal of Valor and the Chiefs Award of Excellence; and
WHEREAS, Commander Kelley through his positive interactions has earned the respect of his fellow Officers, City employees, and the community. He has developed countless friendships and partnerships within our City; and
NOW, THEREFORE, the City Council of the City of Oxnard resolves to commend, recognize, and extend its gratitude to Commander Timothy Kelley for over twenty-seven years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.

PASSED AND ADOPTED THIS 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
57 Resolution No. 2

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
58 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: October 3, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Edward Byrne Memorial Justice Assistance Grant Program FY2023 Local JAG

RECOMMENDATION
That City Council adopt a resolution:

1. Ratifying the prior execution and submission of an application for U.S. Department of Justice (DOJ) grant funds in the amount of $107,288 from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2023 Local Solicitation with no matching fund requirement:

2. Authorizing the City Manager to execute a Memorandum of Understanding with the County of Ventura and the City of San Buenaventura designating the City of Oxnard as the lead agency and fiscal agent for the JAG;

3. Authorizing the City Manager or designee to execute grant agreements and appropriate funds upon notification of the grant award;

4. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims and approve administrative budget appropriation for the use of JAG funds upon award; and

5. Authorizing the Chief of Police or designee to submit all program related progress or status reports. (This item did not originate in Committee.)

BACKGROUND
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funded projects may address crime through the provision of services directly to individuals and/or communities by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. A recent JAG funding allocation list provided by the Bureau of Justice Assistance (BJA) announced that the combined award amounts for agencies within Ventura County totals $107,288. Of this amount, the City of Oxnard is eligible to receive an award of $62,440. Matching funds are not required.

BJA requires that a joint application be submitted by agencies within Ventura County. The City of Oxnard, whose award amount is 58% of the overall JAG award eligibility among Ventura County and its cities, will serve as the grant's lead agency. The lead agency will submit the application on behalf of all parties, and will receive the award, and then disburse it to the other grantees within Ventura County. The City of Oxnard intends to reallocate ten percent (10%), or $10,728 of the total countywide award eligibility to the City of Oxnard for costs related to administering the grant.

Of the $107,288 in countywide JAG funding, the awards will be distributed as follows:
59 Agency Agency Base Award
Eligibility
10% Administration
Fee
Agency Adjusted
Award Amount
Oxnard Total
Oxnard City $62,440 $6,244 $56,196 $66,924
San Buenaventura $33,890 $3,389 $30,501
Ventura County $10,958 $1,095 $9,863
Total $107,288 $10,728 $96,560
Funds from this grant can be used to improve or enhance law enforcement programs and preserve and/or create jobs, which may include equipment/supplies, training, personnel, and/or contractual support. Grantees may utilize JAG funds for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, as well as research and evaluation activities that will improve or enhance law enforcement programs related to criminal justice. The grant monies may not supplant or replace funds that have been appropriated for the same purpose.

The Oxnard Police Department will apply its $56,196 share of the JAG award towards updating the workstations in the Communication Center, and the purchase of a Virtual Reality computer system that will train officers in de-escalation techniques.

The application deadline for JAG grant funding was August 31, 2023.

STRATEGIC PRIORITIES
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.

FINANCIAL IMPACT
Approval of this recommendation will authorize grant revenue recognition and appropriation of the funds upon award. There is no impact on the General Fund, as the grant does not require any matching contribution. The funding will serve to supplement public safety and will not supplant existing efforts.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS

1. Application for Federal Assistance (SF-424) [V4.0]

2. Resolution
60 OMB Number: 4040-0004
Expiration Date: 11/30/2025
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
* Street1:

Street2:
* City:

County/Parish:
* State:

Province:
* Country:
* Zip / Postal Code:

Department Name: Division Name:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:

Title:

Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):

State Use Only:

8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:

Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
Completed by Grants.gov upon submission. 081790214

CITY OF OXNARD
956000756 JKLUB9N3DXH7
305 WEST THIRD STREET
OXNARD

VENTURA
CA: California
USA: UNITED STATES
93030-5790

OXNARD POLICE DEPARTMENT
Ms. DELIA

CAMPBELL

POLICE FINANCE MANAGER
805-385-7612
[email protected]
PREVIEW Date: Aug 23, 2023 Workspace ID: WS01177801 Funding Opportunity Number: O-BJA-2023-171790 61 * 9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:

11. Catalog of Federal Domestic Assistance Number:

CFDA Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

Application for Federal Assistance SF-424
C: City or Township Government
Bureau of Justice Assistance

16.738
Edward Byrne Memorial Justice Assistance Grant Program
O-BJA-2023-171790
BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation C-BJA-2023-00105-PROD
Category 2–Applicants with eligible allocation amounts of $25,000 or more COUNTY OF VENTURA FY2023 JUSTICE ASSISTANCE GRANT
Add Attachments Delete Attachments View Attachments
Add Attachment Delete Attachment View Attachment
PREVIEW Date: Aug 23, 2023 Workspace ID: WS01177801 Funding Opportunity Number: O-BJA-2023-171790 62 * a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:
* Title:
* Telephone Number:
* Email:

Fax Number:
* Signature of Authorized Representative: * Date Signed:

18. Estimated Funding ($):

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:

16. Congressional Districts Of:

17. Proposed Project:

CA26 CA26
Add Attachment Delete Attachment View Attachment
10/01/2022 09/30/2026
107,288.00

0.00 0.00

0.00 0.00

0.00 107,288.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
08/24/2023
Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
JASON

BENITES

CHIEF OF POLICE
805-385-7624
[email protected]
Completed by Grants.gov upon submission.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? Completed by Grants.gov upon submission.

If "Yes", provide explanation and attach
PREVIEW Date: Aug 23, 2023 Workspace ID: WS01177801 Funding Opportunity Number: O-BJA-2023-171790 63 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF GRANT APPLICATION AND APPROVING THE

EXECUTION OF A MEMORANDUM OF UNDERSTANDING DESIGNATING

THE CITY OF OXNARD AS THE LEAD AGENCY AND FISCAL AGENT FOR

GRANT FUNDS
WHEREAS, City Council Resolution No. 12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, U.S. Department of Justice grant funds in the amount of $107,288 from the Edward Byrne Justice Assistance Grant (JAG) Program has been allocated to law enforcement agencies within the County of Ventura; and
WHEREAS, a joint application for JAG funds must be submitted by law enforcement agencies within the County of Ventura; and
WHEREAS, the County of Ventura and the City of San Buenaventura have designated the City of Oxnard as the lead agency and fiscal agent for the JAG; and WHEREAS, the Police Department has requested the City Council approve the submittal of a joint application to the U.S. Department of Justice for $107,288 in JAG funds, with the City’s portion to be used to purchase computer equipment for the Virtual Reality system and update the workstation in the Communication Center.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

1. The City Manager is authorized to execute and submit a grant application for the Edward Byrne Memorial Assistance Grant (JAG) Program.

2. The City Manager is authorized to execute a Memorandum of Understanding with the County of Ventura and the City of San Buenaventura, designating the City of Oxnard as the lead agency and fiscal agent for the JAG.

3. The City Manager or designee is authorized to execute grant agreements.

4. The Chief Financial Officer or designee is authorized to submit financial reports and grant claims and approve administrative budget adjustments for the use of the grant funds.

5. The Chief of Police or designee is authorized to submit all program related progress or status reports.
64 Resolution No. 2
PASSED AND ADOPTED THIS 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
65 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: October 3, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Second Amendment to Agreement A-8141 with Dokken Engineering for Mandalay Bay Bridge and Edison Canal Bridge, Specification No. PW 18-61.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Second Amendment with Dokken Engineering in the amount of $50,118 for a new not to exceed contract value of $343,612 to continue to provide Professional Engineering Services associated with the Mandalay Bay Bridge and Edison Canal Bridge, Project Nos. C1306 and C1307. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)

BACKGROUND
The Mandalay Bay Bridge and Edison Canal Bridge are located on Channel Island Boulevard between Harbor Boulevard and Victoria Avenue and are approximately 900 feet apart. Caltrans operates a federally mandated Bridge Inspection Program under Title 23 of the United States Code. Following Caltrans’ biennial inspection, the bridges were determined to need refurbishment and rehabilitation repairs. While the scope of work for the two bridges is similar, Caltrans identifies, inspects, and provides funding for each bridge separately. With Caltrans funding determination, the projects are identified as the Channel Islands Boulevard Bridge, Bridge No. 52C-0108, Federal Project No. BHLS-5129(069) and Edison Canal Channel Bridge, Bridge No. 52C-0095, Federal Project No. BHLS-5129(070).

To provide more efficiency, staff is concurrently working on both bridge projects and recommends continuing a single construction support professional services contract award. Work will include, but is not limited to, bird nesting monitoring, coordination with wildlife agencies, environmental awareness training, construction site meetings, shop drawings and submittal reviews, requests for information, change requests, and as-builts and record drawings reviews.

Capital Improvement Program (CIP) Reference:

Project No. C1306 and C1307 – The Mandalay Bay & Edison Canal Bridge Rehabilitation - Construction Phase PW 18- 61 - CIP 2022-2027 - Adopted May 3, 2022 – Page 61 & 54.

DISCUSSION
Dokken Engineering Amendment No. 2
City Council approved Agreement A-8141 and the first Amendment with Dokken Engineering to provide Professional Services and Construction Support for the project.
• Approved Agreement – June 4, 2019 - $201,914
• Approved First Amendment – December 20, 2022 - $91,580 66 • Proposed Second Amendment – proposed October 3, 2023 – $50,118 • Total proposed contract: $343,612
The first amendment, approved by the City Council in December 2022, was for $91,580. The proposed Second Amendment is an additional $50,118 for environmental and construction support professional services at the Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation project. The project is currently being constructed and is anticipated to be completed in Fall 2023. The proposed second amendment is for biologist monitoring work and additional construction support professional service hours. The First Amendment agreement did not initially contemplate the biologist's active bird nesting monitoring. Due to the proximity of the bird nests to the project activities, it was necessary to add the biologist work to comply with the California Department of Fish and Wildlife, 1602 Operation of Law Letter, and the Migratory Bird Treaty Act. The additional hours for construction support professional services are for unforeseen structural conditions and observations discovered during ongoing project activities. The current agreement, estimated in fiscal year 2022, included 202 hours of construction support professional services at Mandalay Bay Bridge and 142 hours at Edison Canal Bridge. The second amendment adds 20 site visits for bird nesting monitoring while increasing the construction support professional service hours by 70 hours at Edison Canal Bridge and 30 hours at Mandalay Bay Bridge, which is required to meet the project’s needs.

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

FINANCIAL IMPACT
The total cost for this Amendment with Dokken Engineering shall not exceed $50,118 with a new not to exceed contract value of $343,612. There are sufficient available budget appropriations in the Mandalay Bay Bridge and Edison Canal Bridge Projects (Nos. C1306 and C1307) to fund this agreement. The cost for this agreement qualifies for the Highway Bridge Program grant funding (Fund 200 - Fed Grants) previously accepted for this project, at a reimbursement ratio of

88.53% at $44,369. The remaining funding of $5,749 (11.47%) is available from the General Fund (101) / Capital Outlay Fund (301) in Projects C1306 and C1307.

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Debbie O'Leary, Transportation Planner

ATTACHMENTS

1. A-8141 Second Amendment

2. A-8141 First Amendment

3. Agreement A-8141 Dokken
67 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8141

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment (“Second Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 3rd day of October, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Dokken Engineering (“Consultant”). This Second Amendment amends the Agreement entered into on June 4, 2019, by City and Consultant. The Agreement previously has been amended on December 28, 2022, by a First Amendment.

City and Consultant agree as follows:

1. The amount in Section 14 of the Agreement is hereby amended to “$343,612.”

2. The reference to the Exhibit A Scope of Work everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Exhibit A-2 Environmental and Engineering Construction Support Services Scope of Work and Engineering Support Services Scope of Work for Edison Canal and Mandalay Bay Bridge Rehabilitation Projects. The Exhibit is attached hereto and incorporated herein by this reference.

3. The reference to the Exhibit C Compensation everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Exhibit C-2 Environmental and Engineering Construction Support Services Cost Proposal and Engineering Support Services Cost Proposal for Edison Canal and Mandalay Bay Bridge Rehabilitation Projects. The Exhibit is attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
68 Agreement No. A-8141
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD DOKKEN ENGINEERING
☒John C. Zaragoza, Mayor1 Date Richard Liptak, CEO Date ☐Jennifer Yates, Purchasing Agent 2
Cathy Chan, Board Secretary3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 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 (company directors, not lower-level managers); 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. 69 110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643  www.dokkenengineering.com Exhibit A-2 Environmental and Engineering Construction Support Services Scope of Work
Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation Project Dokken Engineering’s environmental and engineering team (Dokken) is leading construction support services for the Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation Project. This request is to cover additional construction support services related to out-of-scope nesting bird monitoring and additional engineering support to cover an extended construction schedule. Please note that this request incorporates and supersedes the request submitted by Hanna Sheldon on June 5, 2023.

Additional Environmental Services for Edison Canal Bridge During the pre-construction nesting bird survey performed on April 24, 2023, Dokken biologist Hanna Sheldon identified nesting bird activity within the weep holes under the Edison Canal Bridge. Migratory nesting birds are protected under the Migratory Bird Treaty Act and disturbance to an active nest is prohibited by state and federal law. In accordance with the Project’s 1602 Operation of Law Letter Dokken notified the California Department of Fish and Wildlife of the nesting activity and proposed a 10-foot no work buffer around active nests, including monitoring of project activities that are adjacent to the 10-foot buffer.

Given monitoring of active nests was not included in the original scope of work, this amendment describes the nesting bird monitoring efforts that have been completed by Dokken, to date, and that will continue to occur throughout active construction as long as the nests remain active. This scope of work is only applicable to the Edison Canal Bridge, no nesting has been observed or is anticipated on the Mandalay Bay Bridge.

TASK 3. Nesting Bird Monitoring
Task 3.1 Dokken Nesting Bird Monitoring Efforts and Agency Coordination Dokken will provide nesting bird monitoring efforts as needed when project activities are adjacent to a 10- foot no work buffer for an active nest. Active nest locations have been identified near Bent 3,4 and 5.

Additionally, biological assessments of a potential active nests is required at Bent 6. If nests are no longer active, to be determined by the project biologist, activities at each bent/column may proceed without restrictions or monitoring efforts.

If further coordination is necessary, Dokken will facilitate coordination with wildlife agencies (California Department of Fish and Wildlife) as necessary to remain in compliance with the 1602 Operation of Law Letter for the project and the Migratory Bird Treaty Act.

Task 3.2 Dudek Nesting Bird Monitoring Efforts and Environmental Awareness Training Dudek will assist Dokken with nesting bird monitoring efforts as described above. Additionally, Dudek will provide environmental awareness training to new crew members, as needed using the training materials prepared by Dokken. Dokken will serve as the main point of contact for Dudek biologist.

Task 3 Fee: $29,822.82
The above tasks assume a total of 20 site visits for nesting bird monitoring to be completed by Dokken or Dudek. This assumption is based on a look ahead construction schedule dated May 17, 2023, which assumes approximately 1.5 weeks to complete work at each bent. This scope of work does not cover full time monitoring of active nests, defined as a monitoring biologist present on-site, all day during all construction related activities. If the California Department of Fish and Wildlife requests full time monitoring, additional funds will be required.
70 110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643  www.dokkenengineering.com Additional Engineering Support Services for Edison Canal and Mandalay Bay Bridges
Various delays during the construction have resulted in a construction schedule originally specified as 90 working days expected to extend to nearly double that length. In addition to nearly twice the anticipated number of coordination meetings associated with the extended schedule, a fragmented and therefore prolonged submittal review process, and several unanticipated field conditions have also resulted in additional engineering support work. This work will add to Engineering Support Task 1, which includes the following scope applicable to both bridges.

TASK 1. CONSTRUCTION SUPPORT
Task 1.1 Construction Site Meetings
As requested, a representative from Dokken project manager will attend scheduled construction coordination meeting during the contract duration and respond to questions in the meetings and perform structural observations as required per the Contract Documents. Dokken will prepare meeting minutes and structural observation reports for each meeting. Ten (10) additional on-stie or virtual coordination meetings and three (3) additional Structural Observation site visits have been assumed.

Task 1.2 Shop Drawing and Submittal Review
Dokken will review and respond to shop drawing submittals for conformity with the plans and specifications.

Typical submittals including; reinforcement shop drawings, cathodic protection shop drawings, joint seal shop drawings, spall repair material specifications sheets, concrete mix designs, painting material submittals and access platform plans and calculations have been assumed. Dokken will maintain a tracking log of all submittals.

Task 1.3 Request For Information and Change Requests
Dokken will review and respond to Request for Information (RFI) or Change Request (CR) from the City or Contractor. Dokken will maintain a tracking log of all RFIs and CRs.

The proposed fee for Task 1 is as follows:

Edison Canal Bridge - Task 1 Fee: $14,077.02
Mandalay Bay Bridge - Task 1 Fee: $6,217.80
The total proposed fee for the additional scope of work is not to exceed $50,117.64 ($43,899.84 for Edison Canal Bridge and $6,217.80 for Mandalay Bay Bridge). If you have any questions regarding this scope and fee, please contact me via email at [email protected] or by phone at (916) 858-0642.

Sincerely,
Anthony C. Powers, P.E.

Senior Engineer
Dokken Engineering
110 Blue Ravine Road, #200
Folsom, California 95630
71 COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

MANDALAY BAY BRIDGE REHABILITATION

CONSTRUCTION SUPPORT
September 8, 2023
Project Manager
Senior Engineer
Assistant Engineer
TOTAL

HOURS TOTAL COST
FULLY BURDENED RATE $ 234.91 $ 252.76 $ 136.79
MANDALAY BAY BRIDGE REHABILITATION - CONSTRUCTION SUPPORT 2 13 18 33 $ 6,217.80 TASK 1. CONSTRUCTION SUPPORT 2 13 18 33 $ 6,217.80
Task 1.1 Construction Site Meetings 2 8 8 18 $ 3,586.16 Task 1.2 Shop Drawing and Submittal Review 10 10 $ 1,367.86 Task 1.3 Request For Information and Change Requests 5 5 $ 1,263.78 TOTAL HOURS 2 13 18 33
TOTAL COST $ 469.83 $ 3,285.83 $ 2,462.14 $ 6,217.80

TASK DESCRIPTION

DOKKEN ENGINEERING
Exhibit C-2 Environmental and Engineering Construction Support Services Cost Proposal
72 COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

EDISON CANAL BRIDGE REHABILITATION

CONSTRUCTION SUPPORT
September 8, 2023
Project Manager
Senior Engineer
Assistant Engineer
Environmental Manager
Associate Environmental
Planner
Environmental Planner
TOTAL

HOURS TOTAL COST
Project Directo
Senior Specialist III
Specialist III
Analyst III
Technician III
TOTAL
HOURS
OTHER

DIRECT COST TOTAL COST
FULLY BURDENED RATE $ 234.91 $ 252.76 $ 136.79 $ 237.89 $ 115.97 $ 98.13 $ 265.00 $ 225.00 $ 165.00 $ 115.00 $ 85.00 EDISON CANAL BRIDGE REHABILITATION - CONSTRUCTION SUPPORT 5 26 48 2 15 20 116 $ 18,489.84 8 40 48 30 30 156 $ 370.00 $ 25,410.00 272 $ 370.00 $ 43,899.84 TASK 1. CONSTRUCTION SUPPORT 4 26 48 78 $ 14,077.02 $ - $ - 78 $ - $ 14,077.02 Task 1.1 Construction Site Meetings 4 8 8 20 $ 4,055.99 $ - 20 $ 4,055.99 Task 1.2 Shop Drawing and Submittal Review 6 24 30 $ 4,799.39 $ - 30 $ 4,799.39 Task 1.3 Request For Information and Change Requests 12 16 28 $ 5,221.64 $ - 28 $ 5,221.64 TASK 3. NESTING BIRD MONITORING 1 2 15 20 38 $ 4,412.82 8 40 48 30 30 156 $ 370.00 $ 25,410.00 194 $ 370.00 $ 29,822.82 Task 3.1 Dokken Nesting Bird Monitoring & Agency Coord. $ - $ - $ - Task 3.2 Dudek Nesting Bird Monitoring & Env. Training 1 2 15 20 38 $ 4,412.82 8 40 48 30 30 156 $ 370.00 $ 25,410.00 194 $370.00 $ 29,822.82 TOTAL HOURS 5 26 48 2 15 20 116 8 40 48 30 30 156 370 272 TOTAL COST $ 1,174.57 $ 6,571.66 $ 6,565.71 $ 475.78 $ 1,739.56 $ 1,962.58 $ 18,489.84 $ 2,120.00 $ 9,000.00 $ 7,920.00 $ 3,450.00 $ 2,550.00 $ 370.00 $ 25,410.00 $ 370.00 $ 43,899.84

GRAND TOTAL TASK DESCRIPTION COST

DOKKEN ENGINEERING DUDEK
GRAND
TOTAL
HOURS

GRAND TOTAL

OTHER DIRECT
COSTS
73 COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD
MANDALAY BAY BRIDGE + EDISON CANAL BRIDGE REHABILITATION

CONSTRUCTION SUPPORT
September 8, 2023
DOKKEN

ENGINEERING

GRAND TOTAL
COST
DOKKEN

ENGINEERING DUDEK GRAND TOTAL
COST

TOTAL DOKKEN

ENGINEERING TOTAL DUDEK
TOTAL
MANDALAY BAY +

EDISON CANAL
MANDALAY BAY AND EDISON CANAL BRIDGE REHABILITATION $ 6,217.80 $ 6,217.80 $ 14,077.02 $ - $ 14,077.02 $ 20,294.82 $ - $ 20,294.82 TASK 1. CONSTRUCTION SUPPORT $ 6,217.80 $ 6,217.80 $ 14,077.02 $ - $ 14,077.02 $ 20,294.82 $ - $ 20,294.82 Task 1.1 Construction Site Meetings $ 3,586.16 $ 3,586.16 $ 4,055.99 $ - $ 4,055.99 $ 7,642.15 $ - $ 7,642.15 Task 1.2 Shop Drawing and Submittal Review $ 1,367.86 $ 1,367.86 $ 4,799.39 $ - $ 4,799.39 $ 6,167.25 $ - $ 6,167.25 Task 1.3 Request For Information and Change Requests $ 1,263.78 $ 1,263.78 $ 5,221.64 $ - $ 5,221.64 $ 6,485.42 $ - $ 6,485.42 TASK 3. NESTING BIRD MONITORING $ - $ - $ 4,412.82 $ 25,410.00 $ 29,822.82 $ 4,412.82 $ 25,410.00 $ 29,822.82 Task 3.1 Dokken Nesting Bird Monitoring & Agency Coord. $ - $ - $ - $ - $ - $ - $ - $ - Task 3.2 Dudek Nesting Bird Monitoring & Env. Training $ - $ - $ 4,412.82 $ 25,410.00 $ 29,822.82 $ 4,412.82 $ 25,410.00 $ 29,822.82 TOTAL COST $ 6,217.80 $ 6,217.80 $ 18,489.84 $ 25,410.00 $ 43,899.84 $ 24,707.64 $ 25,410.00 $ 50,117.64 MANDALAY BAY BRIDGE EDISON CANAL BRIDGE GRAND TOTAL COST MANDALAY BAY BRIDGE +

EDISON CANAL BRIDGE

TASK DESCRIPTION
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: October 3, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Harbour Island Homeowners Association Donation Agreement A-8531 to Waterway Maintenance District - Zone 2 (Harbour Island).

RECOMMENDATION
That the City Council, acting as the legislative body of the Waterway Maintenance District, approve and authorize:

1. An Agreement from the Harbour Island Homeowners Association for the donation of $15,446 for landscape maintenance and on-call services; and

2. Recognize the acceptance of the $15,446 donation from the Harbour Island Homeowners Association, and therefrom appropriate $15,446 to the Waterway Zone 2 Harbour Island District (Fund 40203801). (Public Works Transportation Committee approved 2-0)

BACKGROUND
In June 1970, the Waterway Maintenance Assessment District (“WAD”) was formed for “the maintenance of the public waterways, parking and landscape areas those certain channels and landscape areas in Tract Nos. 1904 and 2026-1” (Resolution 5121). On October 26, 1976, by Resolution 6830, the City’s Waterway Assessment District annexed the Harbour Island community, thereby creating two zones within the WAD. This Resolution also amended the purposes of the Waterway Maintenance District, including “the maintenance and operation, including the cost of necessary repairs, replacements, care, supervision, cleaning, dredging and all other items necessary or proper for the maintenance and operation of the waterways and bulkheads dedicate in Tracts 1904-1, 2 & 3 and 2026-1, 2, and 3; The Edison Canal from the north line of the right of way of Channel Islands Boulevard to the north line of Tract No. 2026-3; maintenance and operation by caring for, cleaning, repairing, placing and replacing of asphalt, curbs, shrubs, lawns, trees, flowers, irrigation systems and water services and meters of the landscape areas; a program of water quality and biota monitoring.”
In 1996, Proposition 218 was passed, outlining the modified requirements to increase annual assessments to include the maintenance of both zones within the WAD. Since the passing of Proposition 218, WAD Zone 2 - Harbour Island has been assessed the maximum amount available for costs associated with maintenance of public improvements surrounding the property, including services for the waterways. This amount remains $371.70 per parcel per year on 129 parcels for a total annual operating budget of $47,949. This amount is only enough to cover the current direct and overhead costs to maintain the landscaping at a service level of “C’ (every three weeks) and does not allow for the routine and corrective maintenance of any of the other items noted in the formation documents listed above (e.g., dredging, bulkheads, asphalt, curbs, etc…).

The costs to maintain just the landscape improvements continues to increase while the assessments remain at a rate set prior to the passing of Prop 218 in 1996. Therefore, the level of service that can be provided for WAD Zone 2 has continued to decline in order to remain within the annual operating budget of $47,949. WAD Zone 2 is currently at a 128
landscape service level “C” which includes landscape maintenance every three weeks.

DISCUSSION
Over the past few years, the Special Districts Division staff and/or consultants from NBS has engaged the Harbour Island Homeowners Association (“HOA”) regarding the budget shortfalls of WAD Zone 2 and informed them that because of the change implemented by Prop 218, their annual assessment is capped, unless voted on by the property owners.

In 2019, Special Districts staff engaged the HOA regarding the funding shortfalls for water quality remediation that resulted in the HOA paying $4,853.37 to the WAD for FY 2020-21. In March 2023, staff explained again that the remaining funding for FY 2022-23 was not sufficient enough to support the fourth quarter landscape maintenance service.

As a result, the contracted services were stopped on March 10, 2023, and City staff provided the basic maintenance and repair functions until the new fiscal year beginning July 1, 2023.

In subsequent meetings between staff and the HOA, the HOA proposed to supplement the WADs FY 2023-24 operating budget to ensure a full 12-months of landscaping services (service level “C”) and for additional on-call maintenance services, including irrigation repairs and mulching. The HOA has expressed interest in long-term solutions to fund shortfalls, including the Proposition 218 process, annexation into a CFD, or continued HOA-funding.

Government Code section 37354 allows a private entity to make a donation to a municipality for a specific purpose. Code section 37354 states in part, “The legislative body may accept … any gift, bequest, or devise made to or for the city, … or in trust for any public purpose. It may hold and dispose of the property and the income and increase from the property for such uses as are prescribed in the terms of the gift, bequest, or devise.” Staff recommends that the Council accept the donation from the HOA for the use as described in the donation agreement. The donation agreement has been reviewed by the City Attorney’s Office.

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

FINANCIAL IMPACT
There is no impact to the General Fund for this donation. The donated amount of $15,446 ($5,646 C level service + $5,800 mulch labor cost + $4,000 irrigation repairs) will be recognized in the revenue account 40203801-47300 and appropriated to the expense account 40203801-53200 in Waterways Zone 2 - Harbour Island District (Fund 40203801).

For Finance Use Only: Assessment District Fund (Fund 120) - Waterways 02 Harbour Island Subfund (Org. 40203801 Obj. 47300 & 53200)

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on September 12, 2023 to approve the staff recommendation with changes to the signatory name and title and to forward the item for Council approval.

Prepared by: Eric Storrie, Special Districts Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Harbour Island HOA Donation Agreement

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts List

4. City of Oxnard Maintenance Service Level Document
129
Agreement No. A-8531

CITY OF OXNARD

DONATION AGREEMENT
THIS DONATION AGREEMENT (“Agreement”) is entered into in Ventura County, California, on September 12, 2023. This Agreement is entered by and between the City of Oxnard (“City”) and Harbour Island Homeowners Association (“Donor”), for good and valuable consideration, subject to the following terms and conditions:

SECTION 1. DONATION
Donor is (check and complete all that apply):
✔ donating $15,446 in a lump sum.
● donating $_________________________ in __________________ (monthly, quarterly, etc.) payments of $_________________________ in __________________ installments.
● donating the following (describe equipment):
● Donor prefers the City use the Donation for the following limited purpose(s):

Donation by Harbour Island Homeowners Association is to be specifically used for District-wide irrigation repairs; District-wide mulch, and a full-year of landscape maintenance services (“C” Level of Service).

SECTION 2. BEHESTED DONATION
If this box is checked this donation is being made at the behest of CouncilMember/Commissioner/City Staff Member
__________________________.

If the Donation is being made at the behest of an elected official, the City shall notify the elected official that the elected official may be required to submit a Form 803 Behested Payment Report to the Fair Political Practices Commission.

SECTION 3. ADDITIONAL CONDITIONS
The City’s acceptance of the Donation is subject to the conditions specified as follows:

1. Pursuant to California Government Code Section 37354, the City acknowledges that the Donation shall be used for a public purpose as described in Section 1.

2. The City shall provide Donor with a donation receipt indicating the amount of the donation or estimated value of goods or services donated within 30 days of receiving the Donation.
1 130
Agreement No. A-8531

3. The City will make best efforts to use the Donation for the purpose(s) specified in Section 1. If it is impractical for the City to use the Donation for the purposes specified in Section 1, the City may use the Donation in any manner at its sole discretion and Donor has no right or obligation to control City’s use of the donation.

4. Donor has not and will not receive any extra goods or services in exchange for the Donation and the City will not grant any extra consideration to the Donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City.

5. No Warranties. Donor(s), including its officers, employees, and agents, make no representations whatsoever, extend no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and assumes no responsibilities whatsoever with respect to design, development, manufacture, or use of the Donated Equipment.

SECTION 4. COORDINATION
In connection with administering this agreement, Donor and City shall work through the following primary representatives:

CITY OF OXNARD DONOR

PRIMARY

REPRESENTATIVE
George Rivera Jr., Special Districts
Project Manager
Richard Drake, Harbour Island
Homeowners Association,
President
ADDRESS 1060 Pacific Ave, Building 1
Oxnard, CA 93030
C/O Community Property
Management (CPM), Seti
Sabzi 751 E. Daily Drive,
Suite 300, Camarillo, CA
93010
PHONE 805-385-7578 805-987-8945
EMAIL [email protected] [email protected]
FAX N/A 805-987-7906
2 131
Agreement No. A-8531

CITY OF OXNARD DONOR
John C. Zaragoza, Mayor Date Richard Drake, HOA President Date Harbour Island Homeowners Assoc.

ATTEST:

Rose Chaparro, City Clerk Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney Date
Attorney (always required)
3 132
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 49 54
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
133
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
134
ABCD F
Weekly X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
3x per Year X
Annually XXX
Not Performed X
Annually XXX
Not performed X X
Bi‐Annually X
Annually XX
Not Performed X X
ABCD F
Quarterly X
Bi‐annually X
Annually XX
None X
Monthly X
Quarterly X
Bi‐annually X
Annually X
None X
ABCD F
Daily X
Weekly XXX
Monthly
Not Performed X
ABCD F
Daily X
Weekly X
Every two weeks X
Monthly X
When reported X
ABCD F
Spray and Treat as required  X X X X
Not performed X
ABCD F
Daily X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
Inspect and remove as needed
Level of Service
Frequency Level of Service
Entire Area including but not limited to: Turf, Shrubs, Groundcover and Gutters Level of Service Turf Maintenance Schedule Frequency
Mowing, Edging & Trimming around sprinkler heads
Turf
Shrubs, Ground Cover and Vines
Aerate to relieve compaction and stress
Overseed Stressed Areas
Trash and Debris Removal
Dethatch (remove thatch layer to promote growth)
Complete control and/or eradication of all weeds within the landscape as scheduled Weed Control Schedule Frequency
Level of Service
Level of Service Fertilization Schedule Frequency
Graffiti Frequency
Pest Control Schedule Frequency
Level of Service
Complete control and/or eradication of all plant pests within the landscape on designated service days
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
135
ABCD F
Daily X
Every two weeks X
Every Third week X
Quarterly X
Respond to complaints X
ABCD F
Weekly X
Monthly X X
Quarterly X
Semi‐annually X
X
X
XX
X
Inspect and adjust/repair as needed
Frequency Level of Service
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
Trees
Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks monthly Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks quarterly Trim as needed to prevent encroachments or hazards
Report encroachments or hazards
Groundcover/
Vines/Shrubs Trim to prevent encroachment
Irrigation Frequency
Level of Service
Pruning and Trimming Schedule
136

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: October 3, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Fifth Amendment with Speak Write, LLC. for Transcription Services

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Fifth Amendment to the Trade Services Agreement for Speak Write, LLC. increasing the not to exceed value from $200,000 to $275,000 and extending the contract to June 30, 2025.
(Community Services, Public Safety, Housing & Development Committee approved 3-0)

BACKGROUND
In 2013, a New World Tyler Technologies Records Management, Mobile and Computer Assisted Dispatch (CAD) systems went live at the Police Department. These are critical information management systems that are foundational to public safety agencies. Tyler's product replaced an older system. With the new product, there were significant changes to processes and workflow for both sworn officers and professional support staff. Police officers, who dictate their report narratives, were tasked with additional data entry tasks in the Mobile system. Police Department Word Processors, who transcribe dictated criminal reports, were tasked with additional duties to process and merge parts of reports. This also changed the workflow for detectives, as the turnaround time for recorded interview transcriptions increased, due to higher workload demands being placed on the Word Processing Unit.

In September of 2015, the Police Department entered into agreement with Speak Write, LLC., a third party Criminal Justice Information Services (CJIS) compliant transcription service, to assist the Investigative Services Bureau with interviews and reports on active cases needed by the investigation team. The service also provides Spanish language transcription services. The original agreement was in the amount of $100,00 with a three (3) year term. The First Amendment to the Trade Services Agreement was executed in 2018, and only required an extension of time, and not additional funds. The amended agreement extended the contract to August 31, 2021, and did not require Committee or Council approval.

In 2019, Speak Write service was extended to officers in field training, to aid their familiarization with the dictation process and proper formatting for reports. It is important to note that Speak Write transcription services provides a rough draft narrative back to the officers, generally within less than an hour of submission. The service also includes Spanish translation services. Speak Write uses transcription specialists outside of California who only complete the dictation, and they do not have access to any of the Police Department's systems. This service is meant to provide a narrative rough draft to reduce the administrative down time for officers.

By increasing the number of users to the Speak Write agreement, it was necessary in 2019 to facilitate an additional amendment to the Trade Services Agreement. In 2019, the Second Amendment was executed to increase the total amount of the agreement from $100,000 to $200,00, and maintained the same expiration date of August 31, 2021 as the First Amendment.
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The Third Amendment to the Speak Write Trade Services Agreement was executed on September 1, 2021, and extended the agreement (by time only) to June 30, 2022. The Fourth Amendment also extended the time agreement changing the expiration from June 30, 2022 to June 30, 2024. Both the Third and Fourth Agreement amendments maintained the $200,000 total agreement amount.

Police Records Division staffing levels were significantly challenged in mid-to-late year 2022. The Word Processing staff experienced a significant vacancy rate. The reduction in staff continues to have a negative impact on the timely production of completed criminal reports. Therefore, until staffing is restored, Speak Write services are being utilized more often. Recruitment is well underway with candidates in the background process. Two Word Processor positions have been filled, and at the time of this report, staff are in training. The implementation of the National Incident Based Reporting System (NIBRS), a new nationwide method for reporting crime, significantly increases the amount of work involved in completing each report. NIBRS is the responsibility of the Word Processing team, and adds to the difficulty of losing tenured transcription staff.

Officers are encouraged to utilize Speak Write services to expedite shorter reports and all active cases requiring additional investigation, or those with Spanish translation. The Fourth Amendment to the Agreement has exhausted current funding.

This Fifth Amendment is necessary to increase both time and funds, which should provide sufficient allowances for recruitment and training of additional staff. The goal is to return to a Speak Write agreement that is only used for Spanish translation, investigative interviews, and for officers who are in field training.

The Fifth amendment requested for Committee and City Council approval is to extend the expiration date of the agreement from June 30, 2024 to June 30, 2025, and to increase the total agreement amount from $200,000 to $275,000. The increase of time and funding will ensure a more timely completion of reports. The funding is offset by lower direct labor costs in the Word Processing unit.

STRATEGIC PRIORITIES
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.

FINANCIAL IMPACT
The cost of this Fifth Amendment to Agreement No. 7086-15-PO with Speak Write shall not exceed $75,000 for a new, not to exceed value of $275,000 for transcription of dictated police reports. Sufficient funding is available in the FY 2023-2024 General Fund Police department's operating budget to cover the costs of approximately $35,000. The estimated operating cost for FY 2024-2025 is approximately $40,000. Subsequent fiscal years funding is to be requested in the annual budget process.

For Finance Use Only: General Fund (Org. 1012131 Obj. 53200)

COMMITTEE OUTCOME
(Community Services, Public Safety, Housing & Development Committee approved 3-0) Prepared by: Beth Ward, Records and Property Manager

ATTACHMENTS

1. Original Agreement with SpeakWrite

2. First Amendment with SpeakWrite (7086-15-PO)

3. Second Amendment with SpeakWrite (7086-15-PO)

4. Third Amendment with SpeakWrite (7086-15-PO)

5. Fourth Amendment with SpeakWrite (7086-15-PO)

6. Fifth Amendment SpeakWrite (1)
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FIFTH AMENDMENT TO TRADE SERVICES (09/01/2023)
Agreement No. 7086-15-PO

FIFTH AMENDMENT TO TRADE SERVICES
This Fifth Amendment (“Fifth Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 5th day of September, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and Speak Write (“Vendor”). This Fifth Amendment amends the Agreement entered into on August 29, 2022, by City and Vendor. This Agreement replaces all previously dated amendments for the amount and expiration date.

City and Vendor agree as follows:

1. The date in Section 2 of the Agreement is hereby deleted and replaced with “June 30, 2025.”

2. In Section 6 of the Cover Page of the Agreement, the selected answer is hereby amended to state: “Total Agreement Amount: $275,000.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. 7086-15-PO
FIFTH AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD SPEAK WRITE, LLC.

John C. Zaragoza Date Jon Wilson Date
Mayor Operations Manager

Jen Reid Date
ATTEST: President, Speak Write

Rose Chaparro, City Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
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Agreement No. 7086-15-PO
FIFTH AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19) 165

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: October 3, 2023
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Appeal of the Planning Commission’s Decision to Approve the construction and conversion of 1,419 square feet of existing ground floor tenant space into a donut/coffee shop (Dunkin Donuts) and the conversion of one existing drive-through lane, including the reduction of on-site required parking, located at 2151 East Gonzales Road (60 minutes).

RECOMMENDATION
That the City Council conduct a public hearing and:
a. Adopt an Addendum to Mitigated Negative Declaration No. 01-09; and b. Adopt a Resolution denying the appeal and upholding the Planning Commission’s approval of Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit), subject to certain findings and conditions.
(This item is a public hearing and was heard by the Planning Commission; therefore, this item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/WEO75OPtuF8

BACKGROUND

EXECUTIVE SUMMARY
The Project includes the construction and conversion of 1,419 square feet of existing ground floor tenant space within an existing CBC Credit Union into a donut/coffee shop (Dunkin Donuts), the conversion of one existing drive-through lane, and a reduction of the number of required parking spaces from 151 to 129. The Planning Commission (“Commission”) considered the project on July 6, 2023 and August 3, 2023. The Commission made a motion to approve the Project per staff recommendations from the July 6, 2023 hearing as the Commission felt they could make the required findings. The motion carried 5:1:1 (In Favor: Against: Absent). On August 21, 2023, an appeal of the Planning Commission’s approval of the project was filed.

BACKGROUND
On July 6, 2023, the Planning Commission (Commission) considered Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit No. 00-05-142) to authorize improvements to an existing 30,467 square-foot CBC Credit Union multi-tenant office building located at 2151 East Gonzales Road. The proposed project includes the construction and conversion of 1,419 square feet of existing ground floor tenant space within the existing CBC Credit Union into a donut/coffee shop (Dunkin Donuts) and the conversion of one existing drive-through lane with 8-vehicle capacity (stacking for 3 vehicles between the order board and pick-up window and stacking for 5 vehicles behind the 166
order board). The remainder of the CBC Credit Union would remain as is. In accordance with Oxnard City Code (OCC) § 16-651(B)(4), the project includes a request to reduce the number of required parking spaces from 151 to 129. As required, a parking study was provided. The parking study supported the 129 spaces existing on the subject site as adequate for the existing credit union office building with the proposed donut/coffee shop use.

During the July 6, 2023 hearing, the Commission expressed concern for the project primarily regarding the existing parking demand due to the medical offices to the north, potential vehicle and pedestrian conflicts, and the proposed drivethrough queue management plan. Consequently, a majority of the Commission present made a Motion of Intent to Deny the Project as a majority of the Commission present at the hearing felt they could not make all of the Findings required to grant the Major Modification in accordance with OCC § 16-531 based on information presented. The Commission then voted 4:1:2 (In Favor: Against: Absent) to continue the hearing to August 3, 2023, to ratify the action by approving a Resolution of Denial. The Planning Commission documents associated with the July 6, 2023 hearing are included as Attachment 1.

On August 3, 2023, the Planning Commission resumed the public hearing for the subject project to deliberate and vote on the item. Pursuant to direction from the Commission to staff, the Commission was presented with a resolution for denial of the project. At the hearing, the applicant and staff provided additional information in response to the concerns raised by the Commission at the July 6, 2023 hearing. As a result, a majority of the Commission, which included two Commissioners who were not present at the July 6, 2023 hearing, indicated that they were in support of the proposed project. One Commissioner who previously voted for the intent to deny the project was not present at the August 3rd meeting. The Commission made a motion to approve the Project per staff recommendations from the July 6, 2023 hearing as the Commission felt they could make the required findings. The motion carried 5:1:1 (In Favor: Against: Absent) (Attachment 3). The Planning Commission documents associated with the August 3, 2023 hearing are included as Attachment 2.

Pursuant to OCC § 16-544 and 16-545, the action of the Planning Commission is final unless an appeal application to the City Council is filed within 18 days after the action date. On August 21, 2023, within the OCC prescribed 18-day appeal period, the Appellant (Palms Medical Plaza Owners’ Association) filed a timely Appeal of the Planning Commission’s decision to grant the Major Modification to the Special Use Permit. The appeal documents are included as Attachment 4.

ANALYSIS/DISCUSSION
The Appellant’s seven grounds of appeal are noted below, verbatim, with staff’s response following each ground of appeal:

Ground of Appeal 1:
“Both the project site and the adjacent Palms property are located within the Business and Research Park (BRP) Zone.

The primary purpose of the BRP Zone is to provide areas for professional, administrative, research and manufacturing uses, along with limited commercial activities intended to support such uses. The purpose of the proposed project is not to support the existing uses within the vicinity of the project site. It is intended to operate as a stand-alone commercial enterprise that will draw customers from all areas of the City of Oxnard and surrounding communities. Accordingly, the proposed use is not the type of limited commercial activity that is permitted within the BRP Zone, nor is it compatible with the established medical services and other uses in the area.” Staff Response:

As discussed in the July 6, 2023 Planning Commission Staff Report, the project site is located within the Business Research Park (BRP) zone district and is subject to the BRP development standards.

Per OCC § 16-160, “the purpose of the BRP Zone is to provide areas for a limited group of professional, administrative, and research, and limited manufacturing uses along with limited commercial activities intended to support such uses.

Such uses shall be oriented toward major transportation elements such as freeways, airports, and harbors, and shall be developed to specific property and development design standards.” Additionally, the OCC § 16-163 includes a list of allowed uses within the BRP zone district and the permit requirements for those uses. The list of allowed uses within the BRP zone district includes “coffee shops/cafes” which requires a ministerial permit, and “drive-through services” which requires a Special Use Permit, and “restaurants and delicatessens” 167
which requires a ministerial permit.

The Appellant states that “the proposed use is not the type of limited commercial activity that is permitted within the BRP Zone, nor is it compatible with the established medical services and other uses in the area.” Per Staff recommendations and Planning Commission findings, the proposed use of a donut/coffee shop with a drivethrough lane is consistent with the allowed uses (such as a “coffee shop/cafe” and a “restaurant”) within the BRP zone district, and is compatible with the surrounding development which consists of general offices, medical offices, a selfservice station with a convenience store (7-Eleven), and restaurants (Uptown Pizza and Cafe Amri) within the Palms Marketplace.

As stated in the July 6, 2023 Staff Report, the proposed project is consistent with all development standards of the BRP zone, except for the required off-street parking, in which the applicant is seeking a reduction in the number of required parking spaces.

Ground of Appeal 2:
“During the initial Planning Commission hearing on the project held on July 6, 2023, the Planning Commission approved a motion of intent to deny the project due to the significant problems and concerns relating to parking, circulation, and public safety associated with the project.”
Staff Response:

The Planning Commission frequently deliberates, makes motions, and votes on motions that change and evolve as part of the public hearing process. The Commission occasionally makes findings and directs staff to return with a resolution that differs from the original staff recommendation. On July 6, 2023, the Commission voted on staff recommendation to approve the project, however the motion failed 2-3 with two Commissioners absent. After that motion did not carry, the Commission made a motion of intent to deny the project and directed staff to present a resolution to deny the project.

While the Commission did make a motion of intent to deny, the public hearing was continued to August 3, 2023, therefore no final actions were taken on July 6, 2023 and the Commission was within their right to approve or deny the project at the August 3, 2023 hearing.

At the August 3, 2023 hearing, the two Commissioners who were absent from the prior hearing were in attendance and stated for the record that they had reviewed the meeting video and materials from the July 6, 2023 meeting and therefore were eligible to participate in the August 3, 2023 meeting. One Commissioner who was present at the July 6, 2023 meeting was not present at the August 3, 2023 hearing. At the August 3, 2023 hearing, having heard the concerns raised by the Commission at the July 6, 2023 hearing, the applicant provided a presentation addressing the concerns raised by the Commissioners and members of the public. Based on the information provided by the Applicant team and Planning Staff, a majority of the Commission present at the hearing felt they could make the required findings originally drafted for the July 6, 2023 hearing. Therefore, the Commission made a motion to approve staff’s recommendations from the July 6, 2023 hearing approving the project. The motion carried 5:1:1 (In Favor: Against: Absent). Both the July 6, 2023 and the August 3, 2023 hearings complied with the Open Meetings Law (Brown Act).

Ground of Appeal 3:
“With regard to parking, the project applicant has requested a substantial reduction in the number of on-site parking spaces from the applicable code requirements. Per code, the project site is required to provide 151 on-site parking spaces in order to support the proposed project and other existing uses at the property. The applicant has requested relief from this requirement and is proposing to provide 129 parking spaces, which represents a 14.5% reduction from the number of spaces required by code.”
Staff Response:

Oxnard City Code § 16-622.F16-651(B)(4) allows the Planning Commission to grant administrative relief from the parking provisions of the OCC when a requirement is shown to be excessive. Pursuant to the OCC the applicant provided a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the required parking is excessive and showing the amount of parking that should be required for the proposed use (Attachment 1. The study demonstrates that the project site will have more on-site parking spaces than the demand for on-site spaces based on Institute of Traffic Engineers (ITE) Manual rates, which is a commonly accepted methodology used by traffic engineers and City staff to evaluate parking demands. The ITE parking demand rates show that peak parking demand 168
rates would be 100 spaces on weekdays and 44 spaces on weekends. The shared parking demand estimates using ITE rates and on-site surveys for both weekdays and weekends showed that in a worst-case scenario 93 spaces are forecasted to be used for the office building uses and 40 parking spaces are forecasted to be used on weekends. The on-site parking supply of 129 spaces (which does not include the 10 spaces on the adjacent Palms Medical Plaza site) would meet both the shared weekday and weekend parking demand by providing an adequate supply of reserve parking. The Parking Study was reviewed and recommended for approval by City Staff. Pursuant to OCC § 16-651(A), the request for reduced on-site parking was considered and approved by the Commission.

Ground of Appeal 4:
“Further compounding the issue, the 129 on-site spaces identified by the applicant include 16 drive-through spaces. As a practical matter, these spaces are not available or utilized for parking. And 8 of those spaces are located in drive-through lanes that will be used by Dunkin Donuts. Accordingly, the 16 drive-through spaces included in the applicant's parking study will not in fact be available for parking, and the actual number of on-site parking spaces is 113 - a deficiency of 25% below the required number of spaces. The applicant's parking study does not fully and accurately address this issue and the applicant has not made an adequate showing to support the requested decrease in the required parking.” Staff Response:

Per OCC § 16-622.F, a fast-food restaurant requires the following special design requirements for a drive-through facility: “Stacking credit in drive-through lane may count toward the required parking at basis of one auto per each 23 lineal feet of striped stacking line. A maximum credit not to exceed 30 percent of total requirement or no more than 20 spaces may be applied for stacking credit, whichever is less.” The existing credit union building has two drive-through lanes (only one of the two will be used for the proposed donut/coffee shop) that allows a total of 16 vehicles within both of the queues. The proposed donut/coffee shop use does not include any changes to the length of the drive-through queue.

Since the existing uses with the proposed donut/coffee shop require a total of 151 vehicle spaces, then a total of 20 spaces may be applied for stacking credit (20 is the lesser of 30 percent of 151 (which is 45) and 20).

The Appellant states that the drive-through spaces “will not in fact be available for parking and the actual number of onsite parking spaces is 113 - a deficiency of 25% below the required number of spaces.” Since the Zoning Code allows stacking credit toward required parking (see above), the requested reduction in required on-site parking specifies a reduction from 151 spaces to 129 spaces (which is a 14.5 percent reduction [151 - 129 = 22; 22 / 151 = 14.5%]). Thus, the Appellant’s assertion that there is a deficiency of 25 percent below the required number of spaces is incorrect.

Furthermore, the Appellant fails to provide any basis for their statement: “The applicant's parking study does not fully and accurately address this issue and the applicant has not made an adequate showing to support the requested decrease in the required parking” when the Parking Study states the stacking credit and includes the aforementioned Zoning Code special design requirements verbatim.

Ground of Appeal 5:
“The project site and the Palms property share an entrance off of Outlet Center Drive, which enters onto the property near the primary entrance to the Palms Medical Plaza building. In addition, Palms has an easement that provides for the use of certain parking spaces located on the project site in the area immediately adjacent and to the left as you enter from Outlet Center Drive (the "Palms spaces"). These spaces are among the spaces located closest to the Palms Medical Plaza building entrance and are often used by elderly patients, individuals using walkers or who are in wheelchairs, and others visiting the property to receive medical treatments.”
Staff Response:

The existing easement for parking purposes is an agreement between the subject property owner (CBC Federal Credit Union) and the adjacent property owner (Ontario Business Center, commonly known as the Palms Medical Plaza) so that the two office buildings share 20 parking spaces (10 spaces located on the CBC Federal Credit Union parcel and 10 spaces located on the Medical Plaza parcel). This agreement was made as a private transaction between the two property owners and was not required by City Code or land use entitlements, therefore the City is not responsible for the enforcement of any disputes related to the easement. This easement affects on-site parking and thus is disclosed in the Parking Study provided by the applicant. During the Commission hearing, the Commission was provided testimony from the Applicant and the Appellant regarding shared access from the driveway from Outlet Center Drive and a shared parking easement. There are no changes proposed to the existing driveway, therefore vehicles will continue to circulate the site in the same manner as they currently do. While the ten spaces mentioned by the Appellant are close to the entrance of the medical plaza, the Appellant fails to acknowledge the multiple parking spaces, including ADA spaces, on 169
their property, with direct access to their building that any of their patients can use.

Ground of Appeal 6:
“As shown in the applicant's plans and submittals, the proposed traffic circulation for the project would involve vehicles entering the property by way of the shared entrance from Outlet Center Drive, turning left past the Palms spaces, and then traveling through the parking lot towards the Dunkin Donuts drive- through. The increased traffic in this area, and the potential for congestion and inattentive drivers, presents a serious hazard and raises significant concerns regarding the safety and wellbeing of patients walking through this area of the parking lot. The applicant's queue management plan is inadequate to mitigate the parking, congestion and circulation problems associated with the project.” Staff Response:

The Appellant describes one of the two existing entrances to the subject property; as discussed in the Staff Report, the existing credit union building has vehicle access from two driveways: one from Outlet Center Drive, and one from East Gonzales Road. The proposed project does not alter any of the existing vehicular paths of travel. As stated in the project description, both drive-through lanes are existing, therefore no changes will occur to the traffic circulation on site. The Appellant fails to provide any evidence to support their statement that, “The increased traffic in this area, and the potential for congestion and inattentive drivers, presents a serious hazard and raises significant concerns regarding the safety and wellbeing of patients walking through this area of the parking lot.” During deliberations, the Commission discussed the on-site circulation, potential vehicle/pedestrian conflicts, and the drive-through queue management plan.

The Appellant states that the queue management plan is inadequate, but does not indicate how the plan is inadequate, and does not provide substantial evidence of a significant impact. As discussed in the Staff Report, the City Traffic Engineering team reviewed the proposed project and recommended additional conditions of approval to require signage to direct motorists through the drive-through lanes and to require the car queuing design for the drive-through lanes to be shown on the improvement plans for review. Those additional conditions of approval are included in the City Council Resolution (Attachment 5), and the Commission found that as conditioned, the project includes adequate on-site parking, vehicle queuing, and on-site circulation.

Ground of Appeal 7:
“The draft resolution of denial included in the agenda packet for the August 3, 2023 Planning Commission hearing on the project sets out the findings supporting the denial of the project very clearly, as per the direction provided to staff at the initial July 6th hearing. The Planning Commission's reversal of course at the August 3rd hearing was not based on a factual showing sufficient to overcome those findings, and the Planning Commission's decision was based on various assumptions and conjecture not supported by the evidence in the record.” Staff Response:

See above Staff Response to Ground of Appeal 2. The Planning Commission frequently deliberates, makes motions, and votes on motions that change and evolve as part of the public hearing process. The Project’s July 6, 2023 staff report, associated attachments, and Resolution provided the basis for the Commission to find the intent of the Major Modification to the SUP requirements for granting the Special Use Permit as specified in the OCC § 16-531 (Requirements For Granting) were made within Section 1 of the Resolution (Attachment 3). At the August 3, 2023 hearing, the two Commissioners who were absent from the prior hearing were in attendance and stated for the record that they had reviewed the meeting video and materials from the July 6, 2023 meeting and therefore were eligible to participate in the August 3, 2023 meeting. One Commissioner who was present at the July 6, 2023 meeting was not present at the August 3, 2023 hearing. At the August 3, 2023 hearing, having heard the concerns raised by the Commission at the July 6, 2023 hearing, the applicant provided a presentation addressing the concerns raised by the Commissioners and members of the public. Based on the information provided by the Applicant team and Planning Staff, a majority of the Commission present at the hearing felt they could make the required findings originally drafted for the July 6, 2023 hearing. The Appellant fails to state the “assumptions or conjecture not supported by the evidence.” Both the July 6, 2023 and the August 3, 2023 hearings complied with the Open Meetings Law (Brown Act) and the Appellant has not submitted substantial evidence that the Commission erred in its decision-making.

Conclusion:
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The Appellant requests the following relief:
“Palms is very concerned about the potential impacts of the proposed project upon the existing uses and activities conducted at Palms Medical Plaza and the other surrounding properties, and therefore respectfully requests that the City Council overturn the Planning Commission's approval.”
Based on the previous discussion (see above Analysis Section), staff recommendation from the July 6, 2023 Planning Commission hearing remains unchanged. Thus, staff recommends that City Council find there is no merit to the Appellant’s Grounds of Appeal, deny the appeal and uphold the decision of the Planning Commission to approve the project with specific conditions of approval (Attachment 5)

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.

FINANCIAL IMPACT
Denial of the requested Appeal would uphold the Planning Commission's approval and allow for the operation of the new business which is anticipated to generate additional tax revenue that would be directly added to the City’s General Fund.

COMMITTEE OUTCOME
This item is a public hearing and was heard by the Planning Commission; therefore, this item did not originate in Committee.

Prepared by: Jay Dobrowalski, Planning Supervisor

ATTACHMENTS

1. Planning Commission Hearing Documents for July 6, 2023

2. Planning Commission Hearing Documents for August 3, 2023 without Attachment A

3. Approved Planning Commission Resolution 2023-28

4. Appeal Documents filed August 21, 2023

5. Draft City Council Resolution

6. Presentation
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

UPHOLDING PLANNING COMMISSION APPROVAL OF PLANNING AND
ZONING PERMIT NO. 22-550-01 (MAJOR MODIFICATION TO SPECIAL

USE PERMIT) TO ALLOW FOR THE RENOVATION AND TENANT
IMPROVEMENT OF AN EXISTING 30,467 SQUARE FOOT MULTI-TENANT OFFICE BUILDING AND THE CONVERSION OF A 1,419 SQUARE-FOOT

DONUT/COFFEE SHOP AND THE CONVERSION OF AN EXISTING
DRIVE-THROUGH WITH 8-VEHICLE CAPACITY ON A 2.45 ACRE LOT

AND RELATED IMPROVEMENTS INCLUDING A MODIFICATION IN THE

REDUCTION ON THE NUMBER OF ON-SITE REQUIRED PARKING
SPACES FROM 151 TO 129 AND CERTIFYING ADDENDUM NO. 1 TO MITIGATED NEGATIVE DECLARATION NO. 01-09, LOCATED AT 2151 EAST GONZALES ROAD (APN: 213-0-090-115) SUBJECT TO CERTAIN FINDINGS AND CONDITIONS. FILED BY DANIEL BEDNAR, VP OF
DEVELOPMENT OF CBC FEDERAL CREDIT UNION, 2151 E. GONZALES ROAD, OXNARD, CALIFORNIA 93036, (PROPERTY OWNER).

WHEREAS, on February 17, 2022, Daniel Bednar (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 22–550-01 (Major Modification to Special Use Permit) to permit the renovation and tenant improvement of an existing 30,467 square-foot CBC Credit Union multi-tenant office building. The proposed project includes the construction and conversion of 1,419 square feet of existing ground floor tenant space into a donut/coffee shop (Dunkin Donuts) and the conversion of one existing drive-thru lane with 8-vehicle capacity (stacking for 3 vehicles between the order board and pick-up window and stacking for 5 vehicles behind the order board). In accordance with Section 16-651(B)(4) of the Oxnard City Code (OCC), one modification is being requested: a) a reduction on the number of on-site required parking spaces from 151 to 129, located at 2151 East Gonzales Road (APNs:
213-0-090-115) (the “Project”); and
WHEREAS, Sections 16-536, 16-561 and 16-651 of the OCC authorize the Planning Commission to approve a Special Use Permit; and WHEREAS, on July 6, 2023, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the proposed Project, in accordance with Sections 16-536, 16-561 and 16-651 of the Oxnard City Code (OCC); and WHEREAS, on July 6, 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 August 3, 2023.

WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed public hearing and reviewed all of the information provided in the staff reports and considered the testimony given at the public hearings, including all written communications to the Planning Commission, as well as other pertinent information; and 372
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, that the project meets the criteria set out in Sections 16-536 and 16-651 of the OCC; and
WHEREAS, the Project has been reviewed by the Development Advisory Committee (DAC) and the DAC has prepared conditions of approval that are incorporated within the recommended permits; and
WHEREAS, the Planning Commission found that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the July 6, 2023 Planning Commission Staff Report; and WHEREAS, the Planning Commission found after due study and deliberation that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular.

WHEREAS, on August 3, 2023, the Planning Commission voted 5-1 (with one Commissioner absent), to adopt Resolution No. 2023-28 to approve the Project; and WHEREAS, Appellant has appealed the Planning Commission approval of Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit) to the City Council; and
WHEREAS, on October 3, 2023, the City Council conducted a duly noticed public hearing to consider the Appellant’s Appeal of the Planning Commission’s decision to approve Planning and Zoning Permit No. 22-550-01 (Major Modification) in accordance with Oxnard City Code Sections 16-530 through 16-553 of the Oxnard City Code; and WHEREAS, the City Council finds that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the City Council Staff Report; and
WHEREAS, Addendum No. 1 to the approved Mitigated Negative Declaration (MND) No. 01-09 has been prepared to evaluate potential environmental impacts of the proposed Project. The Addendum to the Final MND 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. The Addendum is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to the MND are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent negative declaration pursuant to CEQA Guidelines § 15162 and 15163.

WHEREAS, the addendum provides a comparison of the current proposal and the approved project that was studied in the 2001 MND and focuses on new environmental 373
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effects, specifically Greenhouse Gas Emissions, which have been added to the CEQA Guidelines since the 2001 MND was adopted.

WHEREAS, the City Council has held a public hearing at which it received and considered oral and written testimony on the Addendum to the previously adopted Mitigated Negative Declaration No. 01-09 (MND) for the proposed project, the Addendum and MND documents are incorporated by reference in this resolution; and WHEREAS, on October 3, 2023, the City Council reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information and appeal; and
WHEREAS, on October 3, 2023, the City Council finds after due study and deliberation that the that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES HEREBY RESOLVE AS FOLLOWS:

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

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

As described in the Staff Report, a portion of the existing ground floor credit union and multi-tenant office building (2151 East Gonzales Road) would be converted to allow for the construction of a donut/coffee shop with a drive-through. The Project has a zoning designation of Business Research Park (BRP) which is consistent with the 2030 General Plan land use designation of Business Research Park. As discussed in detail in the Planning Commission Staff Report Sections 6) b, c, d, and e, the Project, as designed and conditioned, meets all applicable development standards.

Therefore, the proposed project is in compliance with the 2030 General Plan and other adopted policies of the City of Oxnard and meets this Finding.

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

As described in the Staff Report, pursuant to the 2030 General Plan land use 374
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designation “Business Research Park” and the “Business Research Park” zoning district, the proposed use of the project site as a drive-through donut/coffee shop, is an allowed use, subject to a Modification to the existing Special Use Permit. The surrounding uses are characterized by commercial uses, which are predominantly medical offices and facilities, and a self-service station and convenience store.

Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building, Fire, and Traffic Codes.

Therefore, the proposed use and improvements, as conditioned, will not adversely affect or be materially detrimental to the adjacent uses, buildings or structures or to the public health, safety or general welfare.

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

As described in the Staff Report, the project as designed and conditioned meets the development standards of the Business Research Park (BRP) zone as described above in Finding Section 1(1). The project consists of mostly interior tenant improvements and conversion of existing floor area with no expansion to the existing building and physical change to the exterior. While there is shared access with the property to the north at 1901 Outlet Center Drive, there is no formal shared parking agreement and reduction in the required on-site parking is being requested. As detailed in the Staff report and attached parking study, the provided parking and drive-thru queuing is sufficient for the proposed donut/coffee shop, and thus the site is sufficient to accommodate the required parking. As such, the subject site is adequate in terms of size and as developed the development meets or exceeds City’s design standards.

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

As described in the Staff Report, the existing development on the project site includes a multi-tenant commercial office building. The project site includes two existing driveways for access from Gonzales Road and Outlet Center Drive that will be used for the proposed project. The existing driveway access would provide adequate access to the site and would allow for adequate circulation around the site. The project site has shared access with the adjacent property located to the north. The City finds that the proposed project, as conditioned, and in the context of the documentation provided (parking study and drive-through management plan) and reviewed demonstrate that there is sufficient vehicle queue and parking capacity. The project has been conditioned and has provided a Drive-Thru Queue Management Plan that identifies how the internal circulation of the site shall be managed, back-ups are avoided, and conflicting turning movements are to be avoided with the introduction of the new donut/coffee shop business operations. Therefore, the site has sufficient access to streets and highways that are adequate in size and existing intersections adjacent to the project site will operate at acceptable levels of service.

5. The site that is subject to the Special Use Permit shall be provided with adequate 375
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sewerage, water, fire protection and storm drainage facilities.

As described in the Staff Report, the existing development on the project site includes a multi-tenant commercial office building. The proposed project includes the renovation and tenant improvement of the existing office building. The proposed project includes the construction and conversion of 1,419 square feet of existing tenant space into a donut/coffee shop (Dunkin Donuts) and the conversion of one existing drive-thru lane. The proposed Project improvements have been found to be consistent with anticipated development for this site. Furthermore, the Project will be served by existing City of Oxnard water and sewer mains and adequate Fire Protection will be provided as determined by the Development Advisory Committee.

In accordance with the Stormwater Quality Conditions of this Resolution, the Project’s design will comply with stormwater control measures as required by the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit. The Project is consistent with the level of development identified under the General Plan and Oxnard City Code, and therefore are within the anticipated level of development. The project is not anticipated to result in any significant impacts to utilities and public services. Therefore, the site for the proposed use will be provided with adequate sewage, water, fire protection and storm drainage facilities.

SECTION 2. In accordance with Section 15164(b) of the California Environmental Quality Act (CEQA) Guidelines a lead agency shall prepare an Addendum to a previously certified EIR or Negative Declaration if some changes or additions are necessary but none of the conditions described in section 15162 calling for preparation of a subsequent EIR or Negative Declaration have occurred. An addendum to Mitigated Negative Declaration No. 01-09 was prepared to analyze potentially significant adverse environmental effects of the proposed project. The addendum provides a comparison of the current proposal and the approved project that was studied in the 2001 MND and focuses on new environmental effects, specifically Greenhouse Gas Emissions, which have been added to the CEQA Guidelines since the 2001 MND was adopted. The addendum did not identify any areas of concern as potentially being affected. Therefore, the City Council has determined that the proposed project would not create new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the 2001 Final IS-MND SECTION 3. Based on the findings set forth herein and the Staff Report and all attachments thereto, the City Council hereby approves Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit), subject to the attached conditions of approval.

SECTION 4. The decision of the City Council shall be final.

SECTION 5. The City Clerk shall certify the adoption of this Resolution. [conditions of approval begin on following page]
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CONDITIONS OF APPROVAL
Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).

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

GENERAL PROJECT CONDITIONS

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

2. This permit is granted for the plans dated October 3, 2023, (“the plans”) on file with the Planning Division. The Project shall conform to the plans, except as otherwise specified in these conditions, or unless a Minor Modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a Major Modification to the plans is approved by the Planning Commission. A Minor Modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A Major Modification shall be required for substantial changes or increases in such items (PL, G-2).

3. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows Developer to provide security, or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4) 377
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4. By commencing any activity related to the Project or using any structure authorized by this permit, Applicant accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein (CA, G-5).

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

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

7. Applicant shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder.

Before the City issues building permits, Applicant shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager (PL, G-8).

8. Developer shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code except as modified by the Administrative Parking Relief granted by the Planning Commission. (PL/B, G-9).

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

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

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

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

13. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)
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14. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).

PLANNING DIVISION CONDITIONS

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

Such fee shall be collected in full prior to building permit issuance. (MND, C-9)

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

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

18. Applicant shall screen, to the satisfaction of the Planning Manager, any HVAC equipment visible from the public right-of-way. Screening plants shall be consistent with other species on the property and a minimum size of five gallons. (PL)

19. Prior to building permit issuance, the developer shall provide a public improvement plan which identifies, and includes, city fiber optic network infrastructure. This connection shall be established by installing fiber optic conduit to the project's frontage according to city specifications. The fiber optic network infrastructure must be included in the project's master utility plans and installed prior to the granting of a certificate of occupancy.

20. Where pedestrian walkways cross drive-through lanes, signage shall be provided to alert vehicles of the pedestrian crossing. Signage shall include the language, “Pedestrian Crossing”, or other language approved by the Community Development Director. Each sign shall not exceed 5 feet in height or a sign area of two (2) square feet, and shall not include any advertising or business identification.

21. Design measures to avoid vehicle and pedestrian/bicycle conflicts shall be maintained.

Direct pedestrian entry through the front of the building shall be maintained from streets and sidewalks to the building entrance. Well-articulated pedestrian routes and zones shall be maintained on the site, linking building entrances and parking areas. Drive-through lanes should be maintained to minimize conflicts with pedestrian walkways, bicycle routes, and paths of travel. Drive-through lanes that obstruct a pedestrian pathway between parking areas or sidewalks and entries into the building shall maintain a pedestrian crossing that is delineated by landscaping, striping, curbing, and raised or decorative paving to separate pedestrian and vehicular access and circulation to the satisfaction of the Community Development Director.
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22. The location of drive-through facilities in relation to the building, including the location of the pick-up windows, stacking lane, and vehicle access, shall be oriented in a manner such that headlight glare is not directed towards oncoming traffic on public streets, or is to be screened with landscaping, berms, walls or other means to the satisfaction of the Community Development Director.

23. The drive-through may operate 24 hours per day but the speaker box shall be equipped with an automatic volume control. The design of the drive-up audio system shall control and minimize the volume of the system to comply with the City's Noise Regulations in order to control unnecessary, excessive and annoying noises which could be detrimental to the public health and welfare to the satisfaction of the Community Development Director.

24. Prior to the issuance of a Building Permit, the Applicant/Operator is to submit a final Drive-Thru Queue Management Plan that identifies how the internal circulation of the site shall be managed, back-ups are avoided, and conflicting turning movements are to be avoided with the introduction of the new drive-through use. The plan should describe solutions that are available through personnel, technology and/or temporary and permanent barriers as described in the plan dated October 8, 2022. For instance, the Applicant may propose using roving staff with mobile ordering devices when the drive-through exceeds the designed capacity. Prior to the issuance of a Certificate of Occupancy, the Community Development and Public Works Departments shall approve the final Drive-Thru Queue Management Plan.

25. After implementation of the Drive-Thru Queue Management Plan, and upon the determination of the Community Development or Public Works Departments that the plan created for the drive-through use is not functioning effectively, or upon any future modification or expansion, the plan shall be comprehensively re-evaluated by the Community Development and Public Works Departments. This re-evaluation work effort shall be accompanied by a filing fee determined by the Community Development Director and Public Works Director to address staff review time by Community Development and Public Works staff.

26. All dining establishments with cooking operations shall implement best management practices to minimize the potential release of food processing facility odors and smoke outside the building as could be detected at the property line. Such best practices could include changing operating practices, improving maintenance of cooking equipment, installing odor control equipment, and/or upgrading venting systems to control unnecessary, excessive and annoying odors or smoke which in the judgment of the City of Oxnard or the Ventura County Air Pollution Control District is determined to be a public nuisance or to be detrimental to the public health and welfare.

27. No alcohol use of any type is approved as a part of this action. A separate alcohol use request must receive a Special Use Permit approved by the City and Alcohol Beverage Control prior to inauguration of the use.

28. Developer shall repair and/or replace any existing broken or damaged sidewalk, curb gutter or asphalt paving adjacent to property due to the construction of the Project, as 380
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directed by the City Inspector. (DS)

29. Developer shall construct a waste enclosure, with a roof and level concrete pad for the storage of the required containers out of view of the public street. Developer shall provide a concrete apron in front of the enclosure to facilitate proper servicing. Enclosure gates must be constructed to allow eight (8) feet of clear space to allow passage of the City issued containers. (DS)

30. Prior to issuance of demolition permits for any structure on the site, Developer shall provide evidence of notifying the Air Pollution Control District of such demolition.

Demolition and/or renovation activities shall be conducted in compliance with APCD regularities regarding Asbestos (Rule 63.7).

31. During construction, Developer shall post and maintain onsite signs, in highly visible areas, restricting all vehicular traffic to 15 miles per hour or less.

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

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

34. In the event that any historic or prehistoric cultural resources are discovered, work in the vicinity of the find shall be halted immediately. A City approved archeologist shall be retained to evaluate the discovery and determine the necessary mitigations for successful compliance with all applicable regulations. Developer or its successor in interest shall be responsible for paying all salaries, fees and the cost of any future mitigation resulting from the survey.

35. A master sign program for the center, including drive-through signage, must be approved and associated drive-through signage must be installed prior to the issuance of a certificate of occupancy for the project site. The drive-through signage (i.e. directional signage and menu boards) must be installed and maintained in compliance with the approved master sign program (i.e. the location, dimensions, color, letter style, letter height, and sign type of all signs to be installed in conjunction with the drive-through use) for as long as the drive-through will be in operation. The master sign program is to be reviewed and approved by the Director.

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

37. Any application for a Minor Modification to the project shall be accompanied by four copies of plans reflecting the requested modification, together with applicable processing 381
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fees. (PL, PL-2)

38. Before the City issues building permits, Developer shall include a reproduction of all conditions of this permit as adopted by Resolution of the Community Development Director in all sets of construction documents and specifications for the project. (PL, PL-3)

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

40. Developer acknowledges that because of population limitations placed on the City by the Air Quality Management Program, approval of this permit does not guarantee that the City will issue building permits. The City’s issuance of building permits may be delayed as a result of implementation of an air quality plan. (PL, PL-5)

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

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

43. In order to minimize light and glare on the project property, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9)

44. During construction, Developer shall water the area to be graded or excavated prior to commencement of grading or excavation operations. Such application of water shall be at least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (B/DS, PL-11)

45. During construction, Developer shall control dust by the following activities:
a. All trucks hauling graded or excavated material offsite shall be required to cover their loads as required by California Vehicle Code section 23114, with special attention to sub sections 23114(b)(2)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. b. All graded and excavated material, exposed soils areas, and active portions of the construction site, including unpaved onsite roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or 382
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roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. (B/DS, PL-12)

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

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

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

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

50. Developer shall recess or screen roof heating and cooling systems and other exterior mechanical equipment from adjoining property and public streets, as required by this permit. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B, PL-41)

51. Developer shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PL, PL-42)

52. For any exterior utility meter panels, Developer shall paint such panels to match the structure upon which it is located. Such panels shall be located to take advantage of screening (e.g. landscaping or other building elements) from public right-of-ways, to the maximum extent feasible. (PL, PL-43)

53. Developer shall stripe loading zones placed partly or wholly within a structure for loading and unloading activities only and post to prohibit storage or other non-loading activity within the loading zone. (PL/B, PL-49)

54. Pursuant to the City Zoning Code Section 16-140, the proposed order board and other related structures shall be located no less than 5 feet from the side property line.

55. Pursuant to the City Zoning Code Section 7-185 (Exterior Sound Standards), the order 383
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boards or other project related items shall not exceed the maximum allowable exterior noise levels for commercial (60 dBA) areas, pursuant to OCC Section 7-185.

56. Pursuant to the City Zoning Code Section 16-623 (Schedule of Bicycle Parking Requirements), Developer shall install additional bicycle racks for a total of five spaces on the project site located near the front entrance of the CBC Federal Credit Union building. The design and location of the bicycle racks shall be submitted for review and approval by the Planning Manager in consultation with the City Traffic Engineer.

POLICE DEPARTMENT CONDITIONS

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

58. Exterior lighting of the site including parking areas shall be between 1 and 7-foot candles and shall be in harmony with existing adjacent lighting scheme.

59. All exterior lighting shall operate from dusk to dawn.

60. All exterior LED lighting shall be of a similar nature and spectrum (3,000K to 20,000K Correlated Color Temperature).

61. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians.
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62. Outdoor lighting instruments shall not be placed in close proximity of parking lot trees.

In the event outdoor lighting instruments and trees are in close proximity an additional sheet will be required illustrating light and tree placement showing trees with a 20-year maturity.

63. Port Cocheres shall be illuminated between 15 and 30 foot-candles with a gradual drop off transition to adjacent parking/walking areas having illumination of 4 to 7 foot-candles.

64. Drive through aisles may be illuminated between 7 and 20 foot-candles with a gradual drop off transition to adjacent parking/walking areas having illumination of 4 to 7 foot-candles.

Security Camera Systems – Businesses

65. Security cameras shall be installed and operated 24 hours a day to monitor the business.

The camera system shall comply with these minimum standards:
a) Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Greyscale images are expected for infra-red lighting. b) Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
c) Cameras shall have low light capability and able to identify persons conducting transactions or entering the business.
d) The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
e) The video system shall allow recording, live viewing and playback of recorded video for a period of a period of at least 30 days.
f) Recorded images shall bear a date and time stamp that cannot be altered. g) Camera installations shall cover areas open to the general public and where cash or other assets are maintained.
h) Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
i) A camera shall be installed at to monitor all persons entering the premises from each exterior doorway. The camera shall be mounted 7-feet above the floor and shall be adjusted to capture images of the head and shoulders of all who enter.

Alarms

66. Any intrusion alarm system installed at the site shall utilize technology to differentiate between human and non-human motion. The alarm system shall be compliant with Oxnard City Code 11-95 through 11-100.

DEVELOPMENT SERVICES DIVISION CONDITIONS

67. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)
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Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

68. Developer shall install on site and off site electric, cable, telephone and similar utility service laterals underground in accordance with City ordinances in effect at the time City issues a building permit. Services shall be installed underground to the nearest suitable riser pole as determined by the appropriate utility service provider. (DS-12)

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

70. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)

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

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

73. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)

74. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)

75. Developer shall construct a new water meter and new sewer lateral to serve the restaurant. (DS).

76. The new sewer lateral serving the food preparation area must be connected to a grease interceptor. After the grease interceptor, the new sewer lateral may join the existing primary sewer lateral that serves the existing building. (DS)

77. Developer shall verify that the existing primary sewer lateral is adequate to serve the existing building with the additional restaurant component. If proven insufficient, the existing primary lateral must be upgraded to current standards. (DS)

78. The project shall comply with the latest California Building Code disabled access requirements for Americans with Disabilities Act (ADA). (DS)

79. The improvement plans shall show the exhaust hood from the kitchen will not interfere with or affect the second floor and exterior walkway outside of the building. The design is subject to the review and approval of the City Building Official. (DS)

80. Developer shall construct an additional trash enclosure to supplement the existing, meeting City standards to store trash, recycle, and organics. Storing multiple bins in each 386
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

compartment and shuffling them around is not an acceptable design. The design of the trash enclosure shall accommodate all of the required bins without the need to shuffle them. All site refuse bins shall be stored in an approved enclosure. No objects other than refuse bins may be stored in the enclosure without the written permission of the Environmental Resources Division. (DS)

81. The trash enclosure shall be constructed with a reinforced concrete apron along the entire length of the trash enclosure opening that extends a minimum of 15-feet from the face of the enclosure. The floor and a loading/service pad of the trash enclosure to be substantially level (2% max slope). (DS)

82. Developer shall execute a shared-use agreement prior to building permit issuance if the trash enclosure serves other establishments aside from the project. (DS)

83. Developer shall construct a trash enclosure with a solid non-combustible roof (8-foot minimum clearance and matching existing design) that prevents stormwater from entering the refuse bins. Developer shall construct all other components of the trash enclosure in accordance with the approved City Standard Plan on file with the Building and Engineering Division. Developer shall finish the trash enclosure to match the major design elements of the main structure subject to approval by the Planning Division. The location and configuration of the enclosure shall be approved by the Environmental Resources Division. (DS)

84. The project shall install a grease interceptor unless directed otherwise by the City of Oxnard Public Works Department. If a grease interceptor is installed, a hose bib shall be installed outside of the trash enclosure, and a traffic-rated drain shall be installed inside the enclosure to capture all enclosure wash water. This drain shall connect to the onsite grease interceptor. (DS)

85. If the proposed site improvements result in the alteration of 5,000 square feet or more of impervious area, the project will be required to provide stormwater mitigations as a redevelopment project. Developer shall design project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) for a redevelopment project.

Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures. (DS)

86. Prior to issuance of grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall prepare a Local Stormwater Pollution Prevention Plan (“Local SWPPP”.) The Local SWPPP shall be developed and implemented in accordance with the requirements of the Ventura Countywide MS4 Permit. The Local SWPPP shall be approved by the City Engineer prior to issuance of a site improvement/grading permit. Developer shall keep the Local SWPPP updated to 387
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

reflect current site conditions and a copy of the Local SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS)

87. As directed by the Public Works Stormwater Division, Developer shall install two connected pipe screen full capture trash devices from United Stormwater to the catch basins S17-304 and S17-301 on the corner of Gonzales Road and Outlet Center Drive. (DS)

TRAFFIC DIVISION CONDITIONS

88. Developer shall incorporate details on the engineering plans showing directional signs and pavement markings that will assist and direct motorists through both drive-through lanes. (TR)

89. Show the car queuing design for the drive-through lanes in the engineering improvement plans for the Traffic Division to review. (TR)

90. Developer shall comply and implement the recommendations described in the parking prepared for the CBC Federal Credit Union Office Building project by Associated Transportation Engineers (ATE) dated January 4, 2023. (TR)

ENVIRONMENTAL RESOURCES DIVISION

91. This property is required to comply with state mandated diversion laws (AB 939, AB 341, AB 1826, SB 1383, AB 827) and must make provisions to manage three material streams (recycling, organics, trash) in any waste enclosure(s) constructed.

92. To ensure that solid waste generated by the project is diverted from the landfill and reduced, reused or recycled, Developer shall complete and submit a “Environmental Resources Division Construction and Demolition Waste Management Plan” (“C&D Plan”) to the City for review and approval. The C&D Plan shall provide that at least 65% of the waste generated on the project be diverted from the landfill. The C&D Plan shall include the entire project area, even if tenants are pursuing or will pursue independent programs. The C&D Plan shall be submitted to and approved by the Environmental Resources Division prior to issuance of a building permit. The C&D Plan shall include the following information: material type to be recycled, reused, salvaged or disposed; estimated quantities to be processed; management method used; destination of material including the hauler name and facility location. Developer shall use the appropriate C&D Plan form as defined by the Environmental Resources Division.

93. Developer shall follow the approved “Environmental Resources Division Construction and Demolition Waste Management Plan” and provide for the collection, recycling, and/or reuse of materials (i.e., concrete, wood, metal, cardboard, green waste, etc.) and document results during construction and/or demolition of the proposed project. After completion of project activity, Developer shall complete and submit the “Environmental Resources Division Construction and Demolition Waste Management Report” (“C&D Report”) and provide legible copies of weight tickets, receipts, or invoices for materials sent to disposal 388
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

or reuse/recycling facilities. For other discarded or salvaged materials, Developer shall provide documentation, on the disposal facility’s letterhead, identifying where the materials were taken, type of materials, and tons or cubic yards disposed, recycled or reused, and the project generating the discarded materials. Developer shall submit and obtain approval of the C&D Report prior to issuance of a certificate of occupancy.

94. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling.

95. An Occupancy Plan must be submitted and approved prior to issuance of a certificate of occupancy. The Occupancy Plan must clearly state how recyclable and organic material, as appropriate, will be managed on site to be in compliance with applicable state laws AB 939, AB 341, AB 1826, SB 1383, AB 827); how restaurant staff will participate in the program; and how customers will be altered to the presence of recycling on site and how contamination will be minimized. The Occupancy Plan must include what service provider(s) will manage/transport materials to appropriate facilities for processing and/or disposal.

96. Per AB 827, public areas that provide waste collection to customers must have an equitable distribution of containers for recycling, organics and trash that are easily accessible. This requirement does not apply to restrooms.

97. This property is required to adhere to applicable solid waste management ordinances, including future ordinance creation and/or revisions.

98. Any landscaping maintenance resulting in organic material needing disposal, if performed in-house or via third party, must not be placed in the trash. All organic materials are required to be diverted from landfill disposal. Any third-party contract/service agreement must stipulate this requirement and be verified through the Environmental Resources Division.

99. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a matter approved by the City Engineer. 100.Any new or renovated waste enclosure must be made of CMU Walls with a roof. The enclosure must be fully enclosed with a metal mesh between the CMU Walls and the roof.

FIRE DEPARTMENT CONDITIONS
101.Before the City issues building permits, Developer shall obtain the Fire Chief’s approval of a plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3) 102.All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5) 389
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

103.The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
104.At all times during construction, Developer shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for firefighting apparatus to all parts of the project property. (FD/DS, F-7)
105.Developer shall identify all hydrants and fire protection equipment on the project property as required by the Fire Chief. (FD, F-8)
106.Developer shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
107.The turning radius of all project property driveways and turnaround areas used for emergency access shall be approved by the City Traffic Engineering Department. (FD, F-11)
108.Developer shall provide automatic fire sprinklers as required by the City Code and shall contact the Fire Chief to ascertain the location of all connections. (FD, F-12) 109.Developer shall install in each structure in the project an alarm system with a central station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and provides floor by floor water flow monitoring and allows the central station monitor to inform the Fire Department. (FD, F-13)
110. All signalized intersections shall be equipped with pre-emption equipment. (FD/TR, F15) 111. Developer shall comply with Certified Unified Program Agency (CUPA) requirements regarding the storage, handling and generation of hazardous materials or waste. Prior to the issuance of building permits, Developer shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16) 112. All landscape on project property will coordinate with the fire protection features, to prevent access problems to fire protection features.
113. Fire hydrants shall be operational and accessible at all times. No parking, storage or staging of equipment/supplies shall be located within 15 feet on either side of fire hydrants. Prior to final inspection, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire Department standards. 114. Fire sprinkler coverage is required for:
a. Patios, overhangs or any other projections that are 48” or more from the structure. b. Open areas beneath stairs that serve a habitable space or when that area is accessible for storage or has mechanical equipment.
c. The protection of the forced air unit when located in the attic or other areas that are normally inaccessible.
390
Resolution No. _____ (PZ 22-550-01; Dunkin Donuts Major Modification) City Council Hearing Date: October 3, 2023

115.Before the city issues a certificate of occupancy, the developer shall install Knox key vaults at a location to be determined by the Fire Department.

PASSED, APPROVED, AND ADOPTED this 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

John Zaragoza, Mayor
ATTEST:
____________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer, City Attorney
391
Dunkin Donuts
Appeal of Planning Commission Decision to
Grant Planning and Zoning Permit No. 22-550-01
(Major Modification to Special Use Permit)
Jay Dobrowalski, Planning Supervisor
Joe Pearson II, Planning and Environmental Services Manager Community Development Department
City Council
October 3, 2023
392

PROJECT DESCRIPTION
A request for a Major Modification (PZ 22-550-01) to Special Use Permit (PZ 00-05-142) to allow the following:
● Project includes construction and conversion of 1,419 square feet of ground floor tenant space within the existing CBC Credit Union into a donut/coffee shop (Dunkin Donuts)
● Conversion of one existing drive-through lane with 8-vehicle capacity ● Reduction of required parking spaces from 151 to 129
2 393

PROJECT LOCATION
Project Site:
2151 East Gonzales Road
Existing Multi-tenant office building with
ground floor credit union and upper floor
medical office space.
3 N
394
SURROUNDING LAND USES 4
SITE

LOCATION ZONING GENERAL
PLAN

EXISTING LAND USE
Project Site Business
Research
Park (BRP)
Business
Research Park
(BRP)
Credit Union and mix of
general and medical
offices
North Business
Research
Park (BRP)
Business
Research Park
(BRP)
Medical offices
South Business
Research
Park (BRP)
Business
Research Park
(BRP)
Medical-Urgent Care
East Business
Research
Park (BRP)
Business
Research Park
(BRP)
Self-Service
Station/Convenience
store (7-Eleven)
West Business
Research
Park (BRP)
Business
Research Park
(BRP)
Medical offices (Kaiser
Permanente)
395
GENERAL PLAN AND ZONING 5
Business Research Park (BRP) Business Research Park (BRP) 396

BACKGROUND - EXISTING OFFICE BUILDING
May 3, 2001:

Planning Commission approved Special Use Permit No.
00-5-142 and adopted Mitigated Negative Declaration No. 01-09 for the construction of a 30,456 square foot building for bank and office uses.

To date, there have been no changes to the original
development.
6 397
EXISTING SITE PLAN 7
Conversion of
existing
drive-through
lane
398
PROPOSED FLOOR PLAN - DUNKIN DONUTS 8
399

BACKGROUND PC HEARING
July 6, 2023:
• PC considered project to convert a portion of existing credit union building into a donut/coffee shop with a
drive-through.
• Project includes request for on-site parking relief.
• PC expressed concerns related to adjacent medical
offices, potential vehicle/pedestrian conflicts, and
drive-through management plan
• PC made a Motion of Intent to Deny the project and
continued the hearing to approve a Resolution of Denial. 9 400

BACKGROUND PC HEARING
August 3, 2023:
• PC resumed public hearing to deliberate and vote
• Continued hearing had additional Commissioners,
additional testimony and deliberations
• PC approved the project per staff recommendations from July 6, 2023 hearing
10 401

BACKGROUND APPEAL
August 21, 2023:
• Within the prescribed 18 day appeal period, the Appellant filed a timely appeal of the PC’s decision to approve the project.
• Appellant has appealed the decision of the Planning
Commission on seven grounds of appeal.
• Grounds of appeal and staff responses are discussed in the Staff Report and summarized in the following slides. 11 402
GROUND OF APPEAL 1
Summarized Ground of Appeal:

BRP zone is for limited commercial activities
Staff Response:
• Proposed use is allowed with a ministerial permit
• Proposed drive-through requires SUP
• Project is consistent with allowed uses and surrounding development
12 403
GROUND OF APPEAL 2
Summarized Ground of Appeal:

PC approved a Motion of Intent to Deny the project
Staff Response:
• PC makes motions that evolve during hearing process
• Motion to Approve did not carry; hearing continued
• Continued hearing had additional Commissioners,
additional testimony and deliberations
• Commission approved project
13 404
GROUND OF APPEAL 3
Summarized Ground of Appeal:

Requested parking relief is a 14.5% reduction
Staff Response:
• City Code allows PC to grant relief when parking is shown to be excessive
• Applicant submitted Parking Study shows adequate supply of reserved parking
• Request for relief was approved by PC
14 405
REQUEST FOR PARKING RELIEF SUMMARY TABLE 15
TENANT  SIZE
ZONING
CODE

REQUIRED

PARKING
STUDY

REQUIRED
Credit Union  5,878 SF 1:250 SF
24 spaces

3.72:1,000 SF
22 spaces
General Office 16,800 SF 1:250 SF
67 spaces

2.39:1,000 SF
39 spaces
Medical Office 6,390 SF 1:200 SF
32 spaces

3.23:1,000 SF
21 spaces
Dunkin Donuts  1,419 SF 1:50 SF
28 spaces

12.52:1,000 SF
18 spaces
Total Required Parking: 151 spaces 100 spaces
406
GROUND OF APPEAL 4
Summarized Ground of Appeal:
• Drive-through spaces are not available for on-site parking • Requested reduction is a 25% reduction
• Applicant has not made an adequate showing to support the requested decrease
Staff Response:
• City Code allows stacking credit for drive-through lanes • Requested reduction is 14.5% decrease
• Parking Study states the stacking credit verbatim
• Appellant does provide basis for lack of showing to support requested parking relief
16 407
GROUND OF APPEAL 5
Summarized Ground of Appeal:

Project site has shared vehicle entrance and reciprocal parking easement for patients with limited mobility
Staff Response:
• Reciprocal parking easement is private transaction
• Easement is disclosed in Parking Study
• Project does not change vehicle access
• Appellant does not mention many parking spaces with
direct access to their building for customers
17 408
GROUND OF APPEAL 6
Summarized Ground of Appeal:
• Increased traffic presents serious hazard for patients • Queue management plan is inadequate to address
parking, congestion, and circulation
Staff Response:
• Project does not alter vehicle path of travel
• Appellant does not provide evidence of significant impact • Project reviewed by City Traffic staff who recommended conditions of approval
• PC approved project as conditioned
18 409
DRIVE-THROUGH QUEUE STUDY 19
410
GROUND OF APPEAL 7
Summarized Ground of Appeal:

PC decision based on assumptions and conjecture not
supported by evidence in the record
Staff Response:
• PC motions evolve during public hearing process
• PC hearing continued with additional Commissioners
• Continued hearing had additional Commissioners,
additional testimony and deliberations
• Appellant does not specify “assumptions and conjecture” or substantial evidence that the PC erred
20 411

APPELLANT REQUESTED RELIEF
Appellant “...respectfully requests that the City Council overturn the Planning Commission’s approval.”
21 412

SUMMARY OF STAFF RECOMMENDATIONS
Environmental Review:
• An addendum to MND No. 01-09 was prepared
• The addendum did not identify any areas of concern
• Project is consistent with CEQA
General Plan:
• Project is consistent with the 2030 General Plan policies Zoning Code:
• Project is consistent with Zoning Code
• PC approved parking relief
22 DEVELOPMENT
STANDARD REQUIREMENT PROPOSED COMPLIES?
Off street parking
(16-622) 151 auto spaces 129 auto spaces  Yes, with granting of parking relief
413

PUBLIC NOTICE
• Notice of CC hearing was provided:
• Newspaper,
• On-site posting; and
• Mailed to property owners within 300 feet.
• This project is not located within a General Plan designated neighborhood.
• To date, Staff has received one comment letter regarding the proposed project. The letter (from Nelson Comis Kettle & Kinney, LLP representing the Palms Medical Plaza Owners’ Association, dated March 7, 2023) includes concerns regarding potential impacts to parking, traffic, and pedestrian circulation. The project is consistent with parking, traffic, and circulation requirements and the information in the letter does not change staff recommendation.
23 414

STAFF RECOMMENDATION
That the City Council conduct a public hearing and:
a) Adopt an Addendum to Mitigated Negative Declaration No. 01-09; and b) Adopt a resolution denying the appeal and upholding the Planning Commission’s approval of Planning and Zoning Permit No. 22-550-01 (Major Modification to Special Use Permit), subject to certain findings and conditions
24 415
End of Presentation
416

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2
DATE: October 3, 2023
TO: City Council
FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected] SUBJECT: Continuance of Noticed Public Hearing from September 19, 2023 City Council meeting. Planning & Zoning (PZ) Permit No. 23-580-02: Zoning Text Amendments (ZTA) to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries and creation of indoor commercial cannabis cultivation regulations (20 minutes).

RECOMMENDATION
That the City Council:
a. Conduct a public hearing to introduce an ordinance amending Chapters 11 and 16 of the Oxnard City Code; b. Determine if the City Council wishes to include the Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cannabis cultivation, as originally depicted in the 2018 cannabis cultivation map presented to the City Council;
c. If the City Council does not wish to include the Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cannabis cultivation, approve the introduction and first reading by title only and waive further reading of an ordinance titled:

An ordinance of the City Council of the City of Oxnard amending the Oxnard City Code (OCC) Chapters 11 and 16 pertaining commercial cannabis activity (Zoning Text Amendment; PZ No. 23-580-02); and incorporate commercial cannabis cultivation (Section 16-163 and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City. d. Alternatively, if the City Council does wish to include Trabajo Dr. area, and Camino Real Business Park Specific Plan area for indoor cultivation, approve the introduction and first reading by title only and waive further reading of the following ordinance with the direction that the Trabajo Dr. area, and Camino Real Business Park Specific Plan area be included within the areas in which cultivation is allowed:

An ordinance of the City Council of the City of Oxnard amending the Oxnard City Code (OCC) Chapters 11 and 16 pertaining commercial cannabis activity (Zoning Text Amendment; PZ No. 23-580-02); and incorporate commercial cannabis cultivation (Section 16-163 and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in eight (8) identified areas of the City. (Council and Council Committee provided feedback in 2020 and 2023 respectively. That feedback was incorporated into a draft indoor cultivation ordinance and presented to the Planning Commission for the subject item before the City Council)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/nkfNfNv0XoM

BACKGROUND
417
The Oxnard City Code (OCC) allows the following cannabis uses: retail dispensaries (16 licenses); manufacturing (8 licenses); distribution (3 licenses); and testing laboratories (1 license). To date, through a competitive application process the City has selected the maximum number of operators for cannabis retail and distribution. Based on a lack of applications, the City has only granted four of the eight manufacturing licenses. After two separate rounds of application windows, the City has not received any applications for cannabis testing. The 16 retail cannabis businesses are in plan check, in the process of conducting tenant improvements, or have received a certificate of occupancy and are in operation.

Of the distributors, one (1) has a building permit. Of the four manufacturers, one (1) has a building permit. As a result of the implementation of the retail, manufacturing, distribution and testing regulations staff recommends minor changes to the OCC to clarify permit processes, align with State guidelines, and streamline renewal processes.

Indoor Cultivation Ordinance:

In October 2020, City Council provided direction to allow up to two (2) indoor or outdoor cannabis cultivators. On January 24, 2023, the Community Services, Public Safety, Housing & Development Committee (“Committee”) voted 3-0 in support of allowing only indoor commercial cannabis and increasing the number of commercial cannabis cultivation licenses from two (2) to up to five (5). The Committee also supported the recommendation to prohibit cultivation within the Rose Santa Clara Corridor Specific Plan area, which was an area previously recommended for commercial cultivation (Attachment 1).

The subject ZTA and cultivation ordinance were originally scheduled for consideration by the Planning Commission (“Commission”) on July 6, 2023, but was continued to August 3, 2023, with release of an updated OCC ordinance and staff report (Attachment 2 - August 3, 2023 staff report which incorporates July 6, 2023 Commission staff report). On August 3rd, the Commission reviewed the draft cultivation ordinance and ZTA to Chapters 11 and 16 of the OCC and recommended 5:0 (1 Commissioner absent, 1 Commissioner recused) to adopt the ZTA’s and indoor cultivation regulations (Attachment 3 and Attachment 4). The one public speaker at the hearing expressed concerns regarding the proposed potential locations for cultivation and the desire to change the City adopted and approved cannabis radius. Staff explained that the City Council had approved the criteria and identified best practices to ensure compatibility of such uses.

ANALYSIS/DISCUSSION
Over the past two years, staff has identified zoning text amendments to Chapters 11 and 16 that are necessary to clarify and streamline cannabis-related processes. These changes are applicable to all cannabis uses, and do not increase the allowed number of retail, manufacturing, distribution, or testing laboratory licenses. The proposed ZTAs:

1. Improve the regulatory process/streamline cannabis uses through renewal and in future solicitations. Example of changes includes identification of requirements for renewal; requirements to apply for a cannabis permit; and ownership percentages;

2. Include process changes recommended by the City departments involved in the review and permitting of cannabis business types. Example of changes includes a change to the duration that an employee work permit is valid;

3. Align sections of the cannabis ordinance to existing OCC processes. Example of changes includes reference to OCC discretionary permit types, OCC minor modification provisions, and allowance of downtown parking management program in meeting parking requirements; and

4. Ensure that processes match State laws adopted since initial OCC cannabis regulations. Examples of changes include aligning State department titles/names, and updating regulations to align with State delivery permit processes.

These non-substantial ZTAs are summarized in the Commission staff report, are reflected in the proposed ordinance, and are prospective in application to cannabis uses/renewals. These changes have been discussed with cannabis operators who are in support of these changes. A legislative draft of proposed ZTAs to Chapters 11 and 16 is provided in Attachment 4.

Indoor Cultivation Ordinance:
418
Pursuant to the Committee's direction, the proposed indoor cultivation ordinance allows up to five (5) indoor cannabis cultivation licensees, conceptually in six (6) areas of the City through approval of a Development Design Review (DDR) permit. The indoor cultivation areas are shown in Attachment 5:

1. Sakioka Farms Business Park Specific Plan area;

2. McInnes Ranch Business Park Specific Plan area;

3. Arcturus Ave;

4. Northfield & Seagate Business Park Specific Plan Area;

5. Channel Islands Business Center; and

6. Statham Business Park.

Maps conceptually representing where cultivation would be permitted have been available to the public since 2018 when they were presented to the City Council for Council approval. When City staff were finalizing this staff report, it was determined that the written description of the recommended areas for cultivation did not fully match the 2018 map which visually depicted where cannabis cultivation would be allowed. The City Council supported the cultivation areas depicted in the 2018 maps and the maps were included as part of the agenda packet for the July 6, 202 and August 3, 2023 Planning Commission meetings.

In order to ensure that the written descriptions of where indoor cannabis cultivation would be allowed matches the 2018 maps, staff is recommending that the written description be modified to include the additional following two areas, as depicted in Attachment 6.

Trabajador Dr area:

1. An area outside of any designated specific plan area, and is generally located east of the Sakioka Farm Business Park Specific Plan, south of Camino Ave., north of Camino Real Business Park Specific Plan area, and bordered on the east and south by the Camino Real Specific Plan Business Park area; and

2. Camino Real Business Park Specific Plan area.

The 2018 maps identified an area representing approximately 46 acres, which comprised the Trabajo Dr. area. and Camino Real Business Park Specific Plan area. Given that these areas have been depicted on the maps since 2018, the proposed new areas do not represent an expansion of the cannabis cultivation areas from what was first presented to the City Council in 2018 and has been shown on various maps since that time, including as part of the Planning Commission staff report and attachments dated July 6, 2023.

The recommendation provides two options for City Council consideration; one which affords City Council the option to exclude the two areas (recommendation c.) and one option to concur with staff’s recommendation (recommendation d.). The indoor cannabis cultivation locations are reflected in Chapter 11, Section 11-473. The recommended OCC indoor commercial cannabis regulations follow established best practices, industry standards, and requirements to address land use compatibility. These standards are summarized in Section 11-487.

STRATEGIC PRIORITIES
This agenda item supports the 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, inviting new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT
Due to market conditions and as a result of the potential increase in the number of commercial cannabis cultivators, the following are annual revenue estimates as identified in the January 24, 2023 Council Committee staff report:

Business Type Number Low Tax
Rate
Low Estimate High Tax Rate High Estimate
419
2018 Cultivation
Estimates
2 $7/sf $140,000 $10/sf $200,000
2022 Cultivation
Estimates
5 $7/sf $350,000 $10/sf $500,000
The 2018 estimates assume an average facility size of 10,000 square feet (sq. ft.). The City’s cannabis business tax (Article XVI of the OCC) establishes an initial rate of $7/square foot. for indoor cultivation with a maximum rate not to exceed $10/sq. ft. Taxes to be paid are dependent upon canopy size and lighting conditions. The tax rate structure is also adjusted annually based upon the Consumer Price Index (“CPI”).

COMMITTEE OUTCOME
Council and Council Committee provided feedback in 2020 and 2023 respectively. That feedback was incorporated into a draft indoor cultivation ordinance and presented to the Planning Commission for the subject item before the City Council
Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. January 24, 2023, the Community Services, Public Safety, Housing & Development Committee Staff Report.

2. August 3, 2023 Planning Commission Staff Report.

3. Proposed OCC City Council Ordinance - Chapters 11 and 16 - New Provisions.

4. Legislative OCC Revisions to Chapters 11 and 16.

5. Initial Proposed Indoor Commercial Cannabis Cultivation Areas.

6. Updated Proposed Indoor Commercial Cannabis Cultivation Areas.

7. October 3, 2023 Presentation FINAL.
420

COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2
DATE: January 24, 2023
TO: Community Services, Public Safety, Housing & Development Committee FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Consideration to Increase the Number of Commercial Cannabis Cultivators and Allow an Expansion in the Location Where Commercial Cannabis Cultivators are Permitted (10 minutes).

RECOMMENDATION
That the Community Services, Public Safety, Housing & Development Committee recommend that the City Council increase the number of commercial cannabis cultivators permitted to operate in the City from two to five; and, with the exception of the Rose Santa Clara Corridor Specific Plan area, allow these uses to be sited in the same location where the City has allowed commercial cannabis manufacturing, distribution, and testing. (This item is not considered a project under the California Environmental Quality Act.) Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND
On June 26, 2018, the City Council directed Staff to proceed with evaluating the siting and land use regulations associated with the following cannabis related uses: 1) Retail; 2) Manufacturing; 3) Distribution; 4) Testing Laboratories; and 5) Cultivation. On October 2, 2018, the City Council received a presentation regarding land use and siting (location) options for all five types of cannabis uses, and information on the number/cannabis business type which could be supported within the City. The City Council was supportive of advancing cannabis regulations for manufacturing, distribution, and testing of cannabis (see Attachment 1). The October 2018 action conceptually approved the number and location for all five types of cannabis uses within the City and discussed the feasibility of indoor and outdoor cultivation. On June 4, 2019, City Council approved a cannabis manufacturing, distribution, and testing ordinance. On December 3, 2019, the City Council approved a cannabis retail ordinance.

On October 20, 2020, the City Council provided direction to Staff to prepare an indoor commercial cannabis cultivation ordinance for up to two indoor commercial cannabis cultivators. Since 2020, Staff has been focusing on advancing the manufacturing, distribution, testing, retail cannabis permit process, while continuing to monitor best practices associated with cultivation.

DISCUSSION
In the four years that have passed since the Council's original direction, there have been changes in market conditions and best practices. As such, staff is recommending changes to where commercial cultivation be permitted and the number of cultivation permits allowed. 421
Suggested Increase in Number of Commercial Cannabis Cultivators In 2018, the City’s cannabis consultant, HdL, initially recommended that the City proceed with a “go slow” approach whereby the City would allow two cannabis cultivators to avoid being overrun by a large request for cultivation licenses. According to the consultant, since this initial recommendation, the cannabis cultivation market has dramatically cooled, with new entrants into the market now being driven by local entrepreneurship rather than industry speculation.

In September 2022, HdL recommended increasing the number of cultivators from two to five due to the City’s location and proximity to the Los Angeles cannabis market and to allow for changing market conditions and trends.

Suggested Change in Commercial Cannabis Locations
In October 2018, City Council conceptually approved cannabis manufacturing, distribution, and testing in the following locations:
• Rose Santa Clara Corridor Specific Plan area (Business Park and Commercial) – north of US 101, west of N. Rice Ave., and generally east of Paseo Mercado
• Sakioka Farms Specific Plan area (Industrial and Business Research Park) – south of US 101, east of N.

Rice Ave.
• McInnes Ranch Specific Plan area (Industrial) - south of Sakioka, and north of W. Fifth Street, east of N. Rice Ave
• Arcturus (Industrial) – north and south of E. Hueneme Rd., west of Perkins, Ormond Beach area • Northfield Seagate (Industrial) – west of N. Rice Ave., north of W. Fifth Street, south of US 101 • Channel Islands Business Center (Industrial) - south of Wooley Rd., west of S. Rose Ave., and north of E. Channel Island Blvd.
• Statham Blvd. (Industrial) – west of S. Rose Ave., north of Channel Islands Blvd., east of Rose Ave.

In October 2018, City Council conceptually approved indoor commercial cannabis cultivation in the following locations:
• Rose Santa Clara Corridor Specific Plan area
• Sakioka Farms Specific Plan areas (matching the description of the areas, above) • McInnes Ranch Specific Plan area (matching the description of the area, above) • Arcturus area (matching the description of the area, above) As a result of industry best practices to mitigate potential impacts, Staff recommends not allowing cultivation within the Rose Santa Clara Corridor Specific Plan area, but allowed cultivation in two other new locations where commercial manufacturing, distribution, and testing is permitted. This expanded area would mean cultivation is coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed; i.e., now allowing cultivation in the Northfield Seagate, Channel Islands Business Center, and Statham Blvd.

Specific Plan and project areas, respectively. Not allowing cultivation in the Rose Santa Clara Corridor Specific Plan ensures maximizing commercial uses including auto sales, employment opportunities, and commercial viability north of US 101. In summary, the proposed Commercial Cultivation Areas are:
• Sakioka Farms Specific Plan area (matching the description of the areas, above) • McInnes Ranch Specific Plan area (matching the description of the areas, above) 422
• Arcturus (matching the description of the area, above) • Northfield Seagate (matching the description of the area, above) - NEW AREA • Channel Islands Business Center (matching the description of the areas, above) - NEW AREA • Statham Blvd.(matching the description of the areas, above) - NEW AREA

NEXT STEPS
Following direction from the Committee on the locations and maximum number of indoor cultivation permits, Staff will prepare an amendment to relevant chapters of the Oxnard City Code (OCC). This will include commercial cannabis cultivation regulations, drawing upon best practices to ensure compatibility and mitigation of any potential impacts, and permit processes. Community engagement regarding the expansion of the cultivation areas will occur as part of the ordinance development, including engagement with Specific Plan Association groups, as applicable. The regulations will be presented to the Planning Commission for a recommendation to the City Council.

Additionally, through the processing of retail cannabis permits (and issuance of the required occupancy licenses), Staff has identified the need for additional OCC revisions which will streamline the cannabis permit renewal process for all types of cannabis uses in the City. These OCC amendments will be coupled with the indoor cultivation regulations. This is anticipated to occur in late winter 2023, with final City Council approval in spring 2023.

Following Council approval action, Staff will prepare the cultivation application materials and initiate a competitive solicitation process later in 2023.

STRATEGIC PRIORITIES
This agenda item supports the 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, to invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT
Due to market conditions and as a result of the potential increase in the number of commercial cannabis cultivators, HdL has provided updated annual revenue estimates:

Business Type Number Low Tax Rate Low Estimate High Tax Rate High Estimate 2018 Cultivation
Estimates
2 $7/sf $140,000 $10/sf $200,000
2022 Cultivation
Estimates
5 $7/sf $350,000 $10/sf $500,000
The 2018 estimates were based upon a “go slow” approach as recommended by HdL. All estimates assume an average facility size of 10,000 square feet (sq. ft.). The City’s cannabis business tax (Article XVI of the City of Oxnard Municipal Code) establishes an initial rate of $7/sq. ft. for indoor cultivation with a maximum rate not to exceed $10/sq. ft. The tax also includes an annual increase as of January 1, 2022, consistent with the Consumer Price Index ("CPI") California Department of Finance (DOF) for the Los Angeles Metropolitan region. However, since there are no cultivators in the City yet, the business tax rate has not been adjusted to incorporate the allowable CPI factor.
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Prepared by: Kathleen Mallory, Planning & Sustainability Manager, Matthew Simpkins, Management Analyst I

ATTACHMENTS

1. October 2, 2018 City Council Conceptually Approved Locations of Cultivation and Manufacturing, Distribution, and Test

2. January 2023 Proposed expansion of commercial cannabis cultivation areas

3. January 24, 2023 Presentation
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PLANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Kathleen Mallory, AICP, Planning & Sustainability Manager Mat Simpkins, Management Analyst
DATE: August 3, 2023
SUBJECT: Planning and Zoning (PZ) Permit No. 23-580-02: Zoning Text Amendments (ZTA) to Chapters 11 and 16 of the Oxnard City Code (OCC) pertaining to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries in locations where cannabis is currently permitted within the City. The ZTA to Chapters 11 and 16 of the OCC will also create new commercial cannabis cultivation regulations and proposes to allow up to five (5) indoor commercial cannabis cultivators in six (6) areas of the City: 1.) Sakioka Farms Business Park Specific Plan: south of U.S. 101, east of N. Rice Ave., west of the City limits, and north of Fifth Street; 2.) McInnes Ranch Business Park Specific Plan: south of Sakioka Farms Business Park Specific Plan, north of Fifth Street, east of N. Rice Ave., and west of the City limits; 3.) Arcturus Ave: south of E. Hueneme Rd., west of Perkins Rd., east of Edison Dr., and north of Mcwane Blvd.; 4.) Northfield & Seagate Business Park Specific Plan: west of N. Rice Ave., north of E. Fifth Street, south of Camino Del Sol, and east of N Rose Ave.; 5.) Channel Islands Business Center: south of E. Wooley Rd., west of S. Rose Ave., north of S. Oxnard Blvd., and east of Saviers Rd.; and 6.) Statham Business Park: west of S. Rose Ave., north of Channel Islands Blvd., and east of Saviers Rd., and south of S. Oxnard Blvd. 1) Recommendation: That the Planning Commission:
a) Open the public hearing and receive public testimony; and b) Adopt Resolution 2023-XX recommending that the City Council approve amendments to the OCC pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City. 2) Discussion: Following release of the July 6, 2023, Planning Commission staff report, the City received two comments, one comment letter, and identified one error that necessitated the need to continue the item and release an updated version of the proposed ordinance. 3) Analysis: The report from July 6, 2023 Planning Commission is provided in this report (see Attachment A), but contains redacted attachments as follows: inclusion of the staff report and PowerPoint, and Jan. 24, 2023 Committee Report. This Aug. 3rd staff report addresses 425
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comments received after publication of the July 6th staff report and provides recommended changes to the proposed Chapters 11 and 16 cannabis ordinance. Changes are identified in legislative format - new text additions are underlined, and text to be deleted is struck out. The changes identified below are reflected in Attachments B and C to this staff report:
● Section 11-487(I)(2) - Add Language to the Operating Requirements for Cultivators (Minor change - requested by City Public Works Dept.):
“A monthly and yearly projected water usage plan. The plan shall include water conservation and recycling measures for capture and reuse of on site water, and water treatment plan and wastewater discharge plan. Said plan shall be reviewed and approved by the City. Every attempt should be made by the licensee to connect to the City’s recycled water line when feasible”.

The Public Works Dept. requested the inclusions of the requirement for a wastewater discharge plan as part of the project review.

To reduce water usage, on site water capture is required in the proposed ordinance through the inclusion of water conservation and recycling measures for capture and reuse of onsite water. The Community Development and Public Works/Water Departments are both supportive of including the additional language to support this requirement. ● Section 11-473(B) - Modify Identified Locations where Indoor Commercial Cannabis Cultivation is Permitted Consistent with Committee Direction (Minor change to align with Jan. 24, 2023 Committee feedback):
“Cultivation is conceptually permitted on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP).

Cultivation may also be located in the following specific plan areas subject to relevant specific plan requirements: Northeast Community Specific Plan, Sakioka Farms Business Park Specific Plan; Camino Real Business Park, McInnes Ranch Business Park Specific Plan; Arcturus Ave.; and Northfield & Seagate Business Park Specific Plan; Channel Island Business Center; and Statham Business Park.” The above list aligns with Committee feedback and titles for development areas in the City. ● Comment letter received from Ventura County Air Pollution Control District (VCAPCD) dated July 6, 2023 (see Attachment D). VCAPCD had three recommendations: 1.) Setback distance for schools and sensitive receptors such as residences) be revised to 1,000 feet; 2.) Applicants “check in” with VCAPCD prior to gaining final approval and initiation of the use; and 3.) All electricity (except for emergency power) shall be obtained from a commercial electric utility service.
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On June 4, 2019, the Oxnard City Council made the decision to utilize the State’s definition of sensitive use and provided direction to staff to implement the City’s cannabis program utilizing the State sensitive use definition and buffer requirement of 600-feet. This is reflected in Section 11-473, (E) of the Ord. and is not proposed to be changed. Areas where cannabis is permitted have been identified based upon the aforementioned buffer requirement. Verification of this buffer requirement occurs as part of the Zoning Clearance process prior to discretionary application. With regards to the other two recommendations from VCAPCD, the City would apply a standard condition of approval on a cannabis permit that requires an applicant to “check in” with VCAPCD prior to gaining final approval/occupancy. This check in will also enable VCAPCD to ensure that gasoline powered generators are not permitted. Therefore, there is no need to add the suggested language to the ordinance.

Attachments:

A. July 6, 2023 Planning Commission Items: Staff Report, including Attachment B (Jan. 24, 2023 Committee Report) and Attachment E (Staff Presentation) - all other attachments have been removed for clarity.

B. Resolution for Zoning Code Text Amendments (PZ 23-580-02). 1a. Draft City Council Ordinance - Chapters 11 and 16 - New Provisions.

C. Legislative Draft of ZTA - Chapters 11 and 16, as amended by Aug. 3, 2023 Staff Report.

D. VCAPCD Letter dated July 6, 2023.

E. Aug. 3, 2023 Staff Presentation.
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Attachment
A. July 6, 2023 Planning Commission Staff Report, including Attachment B (Jan. 24, 2023 Committee Report) and Attachment E (Staff Presentation) - all other attachments have been removed for clarity.
428

PLANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Kathleen Mallory, AICP, Planning & Sustainability Manager Mat Simpkins, Management Analyst
DATE: July 6, 2023
SUBJECT: Planning and Zoning (PZ) Permit No. 23-580-02: Zoning Text Amendments (ZTA) to Chapters 11 and 16 of the Oxnard City Code (OCC) pertaining to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries in locations where cannabis is currently permitted within the City. The ZTA to Chapters 11 and 16 of the OCC will also create new commercial cannabis cultivation regulations and proposes to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City: 1.) Sakioka Farms Specific Plan area: south of U.S. 101, east of N. Rice Ave., west of the City limits, and north of Fifth Street; 2.) McInnes Ranch Specific Plan area: south of Sakioka Farms Specific Plan area, north of Fifth Street, east of N. Rice Ave., and west of the City limits; 3.) Arcturus Ave: south of E. Hueneme Rd., west of Perkins Rd., east of Edison Dr., and north of Mcwane Blvd.; 4.) Northfield Seagate Specific Plan Area: west of N. Rice Ave., north of E. Fifth Street, south of Camino Del Sol, and east of N Rose Ave.; 5.) Channel Islands Business Center: south of E. Wooley Rd., west of S. Rose Ave., north of S. Oxnard Blvd., and east of Saviers Rd.; and

6.) Statham Business Park: west of S. Rose Ave., north of Channel Islands Blvd., and east of Saviers Rd., and south of S. Oxnard Blvd.
1) Recommendation: That the Planning Commission:
a) Open the public hearing and receive public testimony; and b) Adopt Resolution 2023-XX recommending that the City Council approve amendments to the OCC pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City. 2) Project Description and Applicant: ZTAs to Chapters 11 and 16 to address minor OCC changes determined necessary as a result of implementation of the City’s existing commercial cannabis regulations pertaining to manufacturing, distribution, testing, and retail dispensaries.

Chapters 11 and 16 of the OCC are proposed to be amended to create new regulations for commercial cannabis cultivation and to permit up to five (5) indoor commercial cannabis cultivators in specific areas as discussed further in this staff report (see Attachment A). Filed by City of Oxnard, Community Development Department, 214 S. C Street, Oxnard, CA 93030. 429
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3) Existing and Surrounding Land Use: The proposed ZTAs would apply to locations where existing commercial cannabis operations are currently permitted upon obtaining the necessary approvals from the City. Commercial cannabis cultivation would be permitted in six (6) identified locations within the City: Sakioka Farms Specific Plan area; McInnes Ranch Specific Plan area; Arcturus Ave.; Northfield Seagate Specific Plan Area; Channel Islands Business Center; and Statham Business Park. Locations are further discussed in Section 5 of this staff report.
4) Background and Discussion: The City has been working on cannabis regulations, permitting, and compliance processing since mid-2018. The OCC currently allows the following cannabis uses: retail dispensaries (16 licenses); manufacturing (8 licenses); distribution (3 licenses); and testing laboratories (1 license). The City has concluded the licensing process for cannabis retail dispensaries, manufacturing, distribution, and testing laboratories. Selected licensees are currently either in the process of submitting their plans for review, in plan check, in the process of conducting tenant improvements, or have opened their operations.

It is now time to address two remaining cannabis topics: a.) necessary OCC changes which are applicable to all cannabis uses, but does not propose an increase in the number of retail, manufacturing, distribution, or testing laboratory licenses; and b.) new regulations to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified locations throughout the City.

In October 2020, City Council initially provided direction to allow up to two (2) indoor or outdoor cannabis cultivators. Staff efforts were focused on cannabis retail dispensaries, manufacturing, testing, and distribution; therefore solicitation for cannabis cultivation was not initiated.

On January 24, 2023, the Community Services, Public Safety, Housing & Development Committee (“Committee”) voted 3-0 in favor of allowing only indoor commercial cannabis and increasing the number of commercial cannabis cultivation licenses from two (2) to five (5). The Committee was also supportive of changing the location where indoor cannabis cultivation is permitted to be coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed (further discussed below, in the Analysis section of this staff report). Committee direction was to prohibit indoor cultivation within the Rose Santa Clara Corridor Specific Plan area (see Attachment B).
5) Environmental Determination: The proposed project has been determined to be exempt from the California Environmental Quality Act (CEQA), based upon the general rule provision of Section 15061 (b)(3) of the CEQA Guidelines.

The proposed ZTA is a regulatory action that does not increase the quantity or size of future development. Furthermore, any development following approval of the ZTA will be subject to applicable environmental review requirements for that development. Therefore, staff has determined that there is no possibility that the project will have a significant effect on the 430
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environment. A Notice of Exemption will be filed upon approval of the ZTA by the City Council.
5) Analysis: The following analysis focuses on ZTA changes needed for cannabis licensees; and summarizes ZTAs necessary to allow for future indoor commercial cannabis cultivation.

As a result of implementation of the City’s existing cannabis program, Chapters 11 and 16 ZTA are necessary to clarify permit processes, align with State guidelines, and streamline renewal processes. A legislative draft of proposed ZTAs to Chapters 11 and 16 is provided in Attachment C.

ZTA’s to Support Cannabis Licensees (Chapter 11)
Proposed ZTA to Chapter 11 will pertain to all cannabis uses. These minor changes and staff’s explanation of the origins of these changes in italics, are as follows:
• Update Definitions (Streamline ord.) - Changes to align with the State’s new department title for the department responsible for oversight of cannabis. Removal of definitions which, since adoption of the original ordinance, have been found to be unnecessary (Section 11-454).
• Update Cannabis Employee Permit (Process change) – With collaboration of the Police Department, change the duration that an employee work permit is valid from 12 months to 36 months (Section 11-455).
• Update Commercial Cannabis Business Permit Procedure (Process change) - Changes to reflect established permitting process to secure a Commercial Cannabis Business permit.

Addition of permit process titles: Special Use Permit (SUP) or a Development Design Review (DDR) permit. (Section 11-457).
• Update Renewal of Commercial Cannabis Business Permit (Process change) – Identification of required documents to renew a Commercial Cannabis Business Permit on an annual basis (Section 11-461).
• Update Transfer of Cannabis Business Permit (Process change) - Clarifies existing OCC intent of ‘change of control’. Adds language to clarify that “control shall be deemed to be the aggregate transfer of 40% or more of the ownership of the permit” (Section 11-468). • Update Certification from the Community Development Director (Process change) - Changes reflect the already established cannabis certification process by adding “the applicant shall obtain a zoning clearance (ZC) and zoning verification letter (ZVL)” (Section 11-471).
• Update Miscellaneous Operating Requirements (Process change) - Changes to be consistent with OCC Section 16-595, ‘General Purpose/Signage and notice’, requirements (Section 11-480).
• Update Other Operational Requirements (Minor Changes consistent with existing OCC provisions) - Changes to be consistent with existing OCC Section 16-560 to allow a 431
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modification to a SUP that does not intensify the use of the parcel or have any additional adverse effect on abutting parcels or the general health, safety, or welfare (Section 11-481). • Update Operating Requirements for Store Front/Retail Facilities (Process change) - Changes to be consistent with existing OCC Section 16-651, parking relief available for downtown projects via written request. Inclusion of language that memorializes the City’s existing practice that allows downtown projects the ability to pay a downtown parking management in-lieu fee in prescribed situations (Section 11-485). • Update Operating Requirements for Retailers with Delivery Services associated with a retail dispensary in the City (Minor) (Section 11-486) and a delivery associated with a retail dispensary not located within the City (Section 11-475)(Process change) - Changes to reflect requirements applicable to City retail dispensaries and the requirements when these uses have delivery services associated with their retail use. Clarify the process for delivery not associated with a City retail dispensary (Sections 11-475 and 11-486).

ZTAs Necessary to Allow for Future Indoor Commercial Cannabis Cultivation; Revisions to Chapters 11 and 16
In January 2023, the Committee recommended granting up to five (5) indoor commercial cannabis cultivation licensees and allowing these uses in six (6) potential locations. These locations were selected to align with the location where cannabis manufacturing, distribution, and testing are currently allowed – with the exception of the Rose Santa Clara Corridor Specific Plan area. Not allowing cultivation in the Rose Santa Clara Corridor Specific Plan area ensures maximizing commercial uses including auto sales, employment opportunities, and commercial viability north of U.S. 101.

The areas where indoor commercial cannabis cultivation would be permitted with the necessary permit would be:

1.) Sakioka Farms Specific Plan area: south of U.S. 101, east of N. Rice Ave., west of the City limits, and north of Fifth Street;

2.) McInnes Ranch Specific Plan area: south of Sakioka Farms Specific Plan area, north of Fifth Street, east of N. Rice Ave., and west of the City limits;

3.) Arcturus Ave: south of E. Hueneme Rd., west of Perkins Rd., east of Edison Dr., and north of Mcwane Blvd.;

4.) Northfield Seagate Specific Plan Area: west of N. Rice Ave., north of E. Fifth Street, south of Camino Del Sol, and east of N Rose Ave.;

5.) Channel Islands Business Center: south of E. Wooley Rd., west of S. Rose Ave., north of S. Oxnard Blvd., and east of Saviers Rd.; and

6.) Statham Business Park: west of S. Rose Ave., north of Channel Islands Blvd., and east of Saviers Rd., and south of S. Oxnard Blvd.

The locations where indoor cannabis cultivation would be allowed are reflected in Chapter 11, Section 11-473. These locations are identified on Attachment D. The recommended OCC 432
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indoor commercial cannabis regulations follow established best practices recommended to City Council in 2020, industry standards, and with added requirements to ensure land use compatibility. These standards are summarized in Section 11-487.

The recommended OCC amendments to support indoor cannabis cultivation and best practices are broadly summarized below:
• Update Definition (Minor) - Change to allow indoor commercial cannabis cultivation (Section 11-454).
• Update Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted (Minor) – Changes to be consistent with Committee feedback to increase the maximum number of indoor commercial cannabis cultivators to five (5) (Section 11-456). • Update Location and Design of Cannabis Businesses Section (Minor) - Changes to be consistent with Committee feedback on location where indoor commercial cannabis cultivation is permitted (Section 11-473).
• Creation of Operating Requirements for Indoor Cultivators (New Ordinance Requirements) – Establishment of indoor cultivation regulations through development standards, and approval of a DDR permit for Community Development Director approval.

With these OCC amendments, no outdoor commercial cannabis would be permitted (Section 11-487).

Best practices have been added to the aforementioned section to ensure compatibility and that indoor commercial cannabis cultivation does not negatively impact the community and surrounding businesses. Suggested best practices from the ordinance. address the need for the submittal of the following:
(1) Cultivation and operations plan for City review and approval. Plan shall identify the type(s) of cannabis plant to be grown (species/strain), cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting; (2) Monthly and yearly projected water usage plan. The plan shall include a water conservation and recycling measures for capture and reuse of on site water and water treatment plan. Said plan shall be reviewed and approved by the City; (3) Energy usage and conservation plan which identifies the sources of power, projected monthly and yearly usage, and efficiency plan, including use of on site renewables; (4) Neighborhood compatibility plan which shall address odor, security, safety, and other compatibility issues which may derive from the cultivation site and as requested by the City; and
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(5) Floor plan identifying the location, dimensions, and boundaries of all proposed canopy areas taking into account space needed for ongoing care of plants and a description of the proposed method of physically delineating those boundaries at the site. 7) Next Steps and Process: The proposed revisions are non-substantial for cannabis licenses, and in fact will assist in streamlining the cannabis permitting and renewal process.

Additionally, these revisions reflect discussions with cannabis licensees that have occurred over the past year. The revisions will be comprehensively presented to the cannabis operators in late June. The Planning Commission’s action on this matter is advisory to the City Council.

The ZTA’s will not result in the allowance of additional manufacturing, testing, distribution, or retail commercial cannabis operators.

With approval of OCC indoor cannabis cultivation regulations, Staff will begin preparing application paperwork and develop the review protocol. The process to secure indoor cannabis cultivators is envisioned to take approximately 12 months.

Attachments:

A. Planning Commission Resolution for Zoning Code Text Amendments (PZ 23-580-02). 1a. Draft City Council Ordinance - Chapters 11 and 16 - New Provisions.

B. January 24, 2023 Committee Report
C. Legislative Draft of ZTA - Chapters 11 and 16
D. Proposed expansion of indoor commercial cannabis cultivation as presented and approved by Committee on Jan. 24, 2023
E. Staff Presentation
434

COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2
DATE: January 24, 2023
TO: Community Services, Public Safety, Housing & Development Committee FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Consideration to Increase the Number of Commercial Cannabis Cultivators and Allow an Expansion in the Location Where Commercial Cannabis Cultivators are Permitted (10 minutes).

RECOMMENDATION
That the Community Services, Public Safety, Housing & Development Committee recommend that the City Council increase the number of commercial cannabis cultivators permitted to operate in the City from two to five; and, with the exception of the Rose Santa Clara Corridor Specific Plan area, allow these uses to be sited in the same location where the City has allowed commercial cannabis manufacturing, distribution, and testing. (This item is not considered a project under the California Environmental Quality Act.) Please click the following link to view the required Measure M pre-recorded presentation video:

BACKGROUND
On June 26, 2018, the City Council directed Staff to proceed with evaluating the siting and land use regulations associated with the following cannabis related uses: 1) Retail; 2) Manufacturing; 3) Distribution; 4) Testing Laboratories; and 5) Cultivation. On October 2, 2018, the City Council received a presentation regarding land use and siting (location) options for all five types of cannabis uses, and information on the number/cannabis business type which could be supported within the City. The City Council was supportive of advancing cannabis regulations for manufacturing, distribution, and testing of cannabis (see Attachment 1). The October 2018 action conceptually approved the number and location for all five types of cannabis uses within the City and discussed the feasibility of indoor and outdoor cultivation. On June 4, 2019, City Council approved a cannabis manufacturing, distribution, and testing ordinance. On December 3, 2019, the City Council approved a cannabis retail ordinance.

On October 20, 2020, the City Council provided direction to Staff to prepare an indoor commercial cannabis cultivation ordinance for up to two indoor commercial cannabis cultivators. Since 2020, Staff has been focusing on advancing the manufacturing, distribution, testing, retail cannabis permit process, while continuing to monitor best practices associated with cultivation.

DISCUSSION
In the four years that have passed since the Council's original direction, there have been changes in market conditions and best practices. As such, staff is recommending changes to where commercial cultivation be permitted and the number of cultivation permits allowed. 435
Suggested Increase in Number of Commercial Cannabis Cultivators In 2018, the City’s cannabis consultant, HdL, initially recommended that the City proceed with a “go slow” approach whereby the City would allow two cannabis cultivators to avoid being overrun by a large request for cultivation licenses. According to the consultant, since this initial recommendation, the cannabis cultivation market has dramatically cooled, with new entrants into the market now being driven by local entrepreneurship rather than industry speculation.

In September 2022, HdL recommended increasing the number of cultivators from two to five due to the City’s location and proximity to the Los Angeles cannabis market and to allow for changing market conditions and trends.

Suggested Change in Commercial Cannabis Locations
In October 2018, City Council conceptually approved cannabis manufacturing, distribution, and testing in the following locations:
• Rose Santa Clara Corridor Specific Plan area (Business Park and Commercial) – north of US 101, west of N. Rice Ave., and generally east of Paseo Mercado
• Sakioka Farms Specific Plan area (Industrial and Business Research Park) – south of US 101, east of N.

Rice Ave.
• McInnes Ranch Specific Plan area (Industrial) - south of Sakioka, and north of W. Fifth Street, east of N. Rice Ave
• Arcturus (Industrial) – north and south of E. Hueneme Rd., west of Perkins, Ormond Beach area • Northfield Seagate (Industrial) – west of N. Rice Ave., north of W. Fifth Street, south of US 101 • Channel Islands Business Center (Industrial) - south of Wooley Rd., west of S. Rose Ave., and north of E. Channel Island Blvd.
• Statham Blvd. (Industrial) – west of S. Rose Ave., north of Channel Islands Blvd., east of Rose Ave.

In October 2018, City Council conceptually approved indoor commercial cannabis cultivation in the following locations:
• Rose Santa Clara Corridor Specific Plan area
• Sakioka Farms Specific Plan areas (matching the description of the areas, above) • McInnes Ranch Specific Plan area (matching the description of the area, above) • Arcturus area (matching the description of the area, above) As a result of industry best practices to mitigate potential impacts, Staff recommends not allowing cultivation within the Rose Santa Clara Corridor Specific Plan area, but allowed cultivation in two other new locations where commercial manufacturing, distribution, and testing is permitted. This expanded area would mean cultivation is coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed; i.e., now allowing cultivation in the Northfield Seagate, Channel Islands Business Center, and Statham Blvd.

Specific Plan and project areas, respectively. Not allowing cultivation in the Rose Santa Clara Corridor Specific Plan ensures maximizing commercial uses including auto sales, employment opportunities, and commercial viability north of US 101. In summary, the proposed Commercial Cultivation Areas are:
• Sakioka Farms Specific Plan area (matching the description of the areas, above) • McInnes Ranch Specific Plan area (matching the description of the areas, above) 436
• Arcturus (matching the description of the area, above) • Northfield Seagate (matching the description of the area, above) - NEW AREA • Channel Islands Business Center (matching the description of the areas, above) - NEW AREA • Statham Blvd.(matching the description of the areas, above) - NEW AREA

NEXT STEPS
Following direction from the Committee on the locations and maximum number of indoor cultivation permits, Staff will prepare an amendment to relevant chapters of the Oxnard City Code (OCC). This will include commercial cannabis cultivation regulations, drawing upon best practices to ensure compatibility and mitigation of any potential impacts, and permit processes. Community engagement regarding the expansion of the cultivation areas will occur as part of the ordinance development, including engagement with Specific Plan Association groups, as applicable. The regulations will be presented to the Planning Commission for a recommendation to the City Council.

Additionally, through the processing of retail cannabis permits (and issuance of the required occupancy licenses), Staff has identified the need for additional OCC revisions which will streamline the cannabis permit renewal process for all types of cannabis uses in the City. These OCC amendments will be coupled with the indoor cultivation regulations. This is anticipated to occur in late winter 2023, with final City Council approval in spring 2023.

Following Council approval action, Staff will prepare the cultivation application materials and initiate a competitive solicitation process later in 2023.

STRATEGIC PRIORITIES
This agenda item supports the 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, to invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT
Due to market conditions and as a result of the potential increase in the number of commercial cannabis cultivators, HdL has provided updated annual revenue estimates:

Business Type Number Low Tax Rate Low Estimate High Tax Rate High Estimate 2018 Cultivation
Estimates
2 $7/sf $140,000 $10/sf $200,000
2022 Cultivation
Estimates
5 $7/sf $350,000 $10/sf $500,000
The 2018 estimates were based upon a “go slow” approach as recommended by HdL. All estimates assume an average facility size of 10,000 square feet (sq. ft.). The City’s cannabis business tax (Article XVI of the City of Oxnard Municipal Code) establishes an initial rate of $7/sq. ft. for indoor cultivation with a maximum rate not to exceed $10/sq. ft. The tax also includes an annual increase as of January 1, 2022, consistent with the Consumer Price Index ("CPI") California Department of Finance (DOF) for the Los Angeles Metropolitan region. However, since there are no cultivators in the City yet, the business tax rate has not been adjusted to incorporate the allowable CPI factor.
437
Prepared by: Kathleen Mallory, Planning & Sustainability Manager, Matthew Simpkins, Management Analyst I

ATTACHMENTS

1. October 2, 2018 City Council Conceptually Approved Locations of Cultivation and Manufacturing, Distribution, and Test

2. January 2023 Proposed expansion of commercial cannabis cultivation areas

3. January 24, 2023 Presentation
438
Consideration to Increase the Number of
Commercial Cannabis Cultivators and Allow an
Expansion in the Location Where Commercial
Cannabis Cultivators are Permitted
Kathleen Mallory, Planning & Sustainability Manager
Matthew Simpkins, Management Analyst
Community Development Department
Community Services, Public Safety, Housing & Development Committee January 24, 2023
439
Background 2
• June 26, 2018: Council studied locations/regulations
associated with cannabis retail, manufacturing, distribution, testing and cultivation.
• October 2, 2018: Council support for locations/regulations of cannabis manufacturing, distribution, and testing; and support for two indoor cannabis cultivators.
• June 4, 2019: Council approved manufacturing, distribution, and testing ord.
• December 3, 2019: Council approved retail cannabis ord. 440
Background, continued 3
● October 2020: Council direction to allow two commercial cannabis cultivators; and prepare indoor cultivation ord. ● Since 2020, staff focus on manufacturing, distribution & retail cannabis permitting & process, and monitoring best practices related to cultivation.
441
Suggested Increase in Cultivators 4
• City’s cannabis consultant initially recommended that the City “go slow” and allow two cultivators to avoid being overrun with cultivation applications.
• Since this recommendation the cannabis cultivation sector has cooled dramatically.
• September 2022, City’s cannabis consultant recommends increasing the number of cultivators from two to five, due to the City’s location and proximity to the Los Angeles
cannabis market.
442
2018 Council Approved Manufacturing, Distribution, 5
Testing and Cultivation Locations
443
2023 Proposed New Cultivation Locations 6
444
Next Steps 7
• Following Committee direction, Staff will:
○ Prepare an amendment to relevant chapters of the
Oxnard City Code.
○ Develop indoor commercial cannabis cultivation
regulations.
○ Amendments presented to Planning Commission in
winter 2023 and City Council consideration spring
2023.
445
Financial Impact 8
• No immediate financial impact to the City.
• Updated annual revenue estimates; increase in the number of cannabis cultivators.

Business Type Number Low Tax Rate Low Estimate High Tax Rate High Estimate
2018 Cultivation
Estimates 2 $7/sf $140,000 $10/sf $200,000
2022 Cultivation
Estimates 5 $7/sf $350,000 $10/sf $500,000
446
Recommendation 9
That the Community Services, Public Safety, Housing &
Development Committee recommend that the City Council
increase the number of commercial cannabis cultivators
permitted to operate in the City from two to five; and, with the exception of the Rose Santa Clara Corridor Specific Plan area, allow these uses to be sited in the same location where the City has allowed commercial cannabis manufacturing, distribution, and testing.
447
Questions?
448
Attachment
B. Resolution for Zoning Code Text Amendments (PZ 23-580-02). 449
RESOLUTION NO. 2023 – XX

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

OXNARD RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE TO APPROVE AMENDMENTS TO THE OXNARD CITY
CODE (OCC) CHAPTERS 11 AND 16 PERTAINING TO REGULATION
OF CANNABIS MANUFACTURING. DISTRIBUTION, TESTING,
AND RETAIL DISPENSARIES (ZONING TEXT AMENDMENT; PZ
NO. 23-580-02); AND AN AMENDMENT TO OCC CHAPTERS 11 AND 16 TO ALLOW UP TO FIVE (5) INDOOR COMMERCIAL CANNABIS
CULTIVATORS IN SIX (6) IDENTIFIED AREAS OF THE CITY.

WHEREAS, the Planning Commission of the City of Oxnard has considered Zone Text Amendment (ZTA) PZ No. 23-580-02, filed by the City of Oxnard Long Range Planning and Sustainability Division, to amend Chapters 11 and 16 of the OCC (Section 16-163 and Section 16- 179); and
WHEREAS, on January 24, 2023, the Community Services, Public Safety, Housing & Development Committee (“Committee”) voted 3-0 in favor of increasing the number of commercial cannabis cultivators permitted to operate in the city from two (2) to five (5). The Committee was also supportive of expanding the location of cultivation to be coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed, with the expectation of the Rose Santa Clara Corridor Specific Plan area; and WHEREAS, on August 3, 2023, the Planning Commission of the City of Oxnard conducted a duly noticed public hearing to consider approving a resolution recommending that the City Council of the City of Oxnard approve amendments to the OCC pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City (Zoning Code Text Amendments No. PZ 23-580-02); and WHEREAS, the Planning Commission finds that the proposed ZTA is in the public interest and reflects the input from residents, stakeholders in the community, and decision-makers. There are no changes recommended under the proposed ZTA that would reduce or compromise existing standards that protect the health, safety or general welfare of the City; and WHEREAS, the proposed Zone Code amendment is incorporated by reference and attached as the following exhibit:

Attachment “1a” Draft City Council Ordinance - Chapters 11 and 16 - New Provisions.

Planning & Zoning (PZ) Permit No. 23-580-02, amendment to Chapters 11 and 16 of the OCC to to incorporate Commercial Cannabis Cultivation; and WHEREAS, the Planning Commission finds after due study and deliberation that the public interest and general welfare require the adoption of the Zone Text` Amendment PZ No. 23-580-

02. 450
Resolution No. 2023-XX
PZ 23-580-02 ZTA to Chapters 11 and 16 of the OCC pertaining to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries.

Planning Commission Hearing Date: August 3rd, 2023

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby recommends to the City Council adoption of the Inclusionary Housing Ordinance attached hereto as Attachment 1a.

Section 1. The foregoing recitals are true and correct and are hereby incorporated into the operative provisions of this Resolution.

Section 2. The Planning Commission, based on the findings set forth herein, recommends that the City Council of the City of Oxnard adopt ZTA PZ No. 23-580-02 attached hereto as Attachments 1a and incorporated herein by this reference to this Resolution.

Section 3. The Secretary shall certify the adoption of this Resolution. (signatures on next page)
//
//
//
451
Resolution No. 2023-XX
PZ 23-580-02 ZTA to Chapters 11 and 16 of the OCC pertaining to the existing regulation of commercial cannabis manufacturing, distribution, testing, and retail dispensaries.

Planning Commission Hearing Date: August 3rd, 2023

PASSED AND ADOPTED by the Planning Commission of the City of Oxnard on this 3rd day of August 2023, by the following vote:

Ronald Arruejo, Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 3rd day of August 2023, and carried by the following vote:

AYES: Commissioner(s):

NOES: Commissioner(s):

ABSENT: Commissioner(s):

ABSTAIN: Commissioner(s):

RECUSED: Commissioner(s):

Joe Pearson II, AICP, Secretary
452
Attachment.

B. 1a. Draft City Council Ordinance - Chapters 11 and 16 - New Provisions. 453
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
AMENDING THE OXNARD CITY CODE (OCC) CHAPTERS 11 AND 16

PERTAINING COMMERCIAL CANNABIS ACTIVITY (ZONING TEXT
AMENDMENT; PZ NO. 23-580-02); AND INCORPORATE
COMMERCIAL CANNABIS CULTIVATION (SECTIONS 16-163 AND
AND AN AMENDMENT TO OCC CHAPTERS 11 AND 16 TO ALLOW UP
TO FIVE (5) INDOOR COMMERCIAL CANNABIS CULTIVATORS IN
SIX (6) IDENTIFIED AREAS OF THE CITY.

WHEREAS, the City Council of the City of Oxnard has considered Zone Text Amendment (ZTA) PZ No. 23-580-02, filed by the City of Oxnard Long Range Planning and Sustainability Division, to amend Chapters 11 and 16 of the OCC (Section 16-163 and Section 16-179); and WHEREAS, on January 24, 2023, the Community Services, Public Safety, Housing & Development Committee (“Committee”) voted 3-0 in favor of increasing the number of commercial cannabis cultivators permitted to operate in the city from two (2) to five (5). The Committee was also supportive of expanding the location of cultivation to be coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed, with the expectation of the Rose Santa Clara Corridor Specific Plan area; and WHEREAS, on August 3, 2023, the Planning Commission of the City of Oxnard conducted a duly noticed public hearing to consider approving a resolution recommending that the City Council of the City of Oxnard approve amendments to the OCC pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City (Zoning Code Text Amendments No. PZ 23-580-02); and WHEREAS, the Planning Commission received written and verbal comments from the public; and
WHEREAS, the Planning Commission finds that the proposed ZTA is in the public interest and reflects the input from residents, stakeholders in the community, and decision-makers. There are no changes recommended under the proposed ZTA that would reduce or compromise existing standards that protect the health, safety or general welfare of the City; and WHEREAS, the proposed Zone Code amendment is incorporated by reference and attached as the following exhibit:

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

Section 1. Article XVII of Chapter 11 of the Oxnard City Code regarding Commercial Cannabis Activity is hereby repealed and readopted to read as follows:
454
2 ARTICLE XVII. COMMERCIAL CANNABIS ACTIVITY
SEC. 11-450. PURPOSE AND INTENT.

It is the purpose and intent of this article to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult-use for persons over the age of 21 as authorized by the Control, Regulate and Tax Adult Use Cannabis Act (“AUMA” or “Proposition 64" enacted by California voters in 2016), while imposing sensible regulations on the use of land to protect the city’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this article to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Oxnard and to enforce rules and regulations consistent with State law. It is the further purpose and intent of this article to require all commercial cannabis operators to obtain and renew annually a permit to operate within the City of Oxnard. Nothing in this article is intended to authorize the possession, use, or provision of cannabis for purposes that violate State or federal law. The provisions of this article are in addition to any other permits, licenses and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approval required under State, city, or other law.

SEC. 11-451. LEGAL AUTHORITY.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter “MAUCRSA”), any subsequent State legislation and/or regulations regarding same, the City of Oxnard is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Oxnard to all commercial cannabis activity.

SEC. 11-452. COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS ARTICLE.

Except as specifically authorized in this article, the commercial cultivation, manufacturing, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Cal. Bus. and Prof. Code, Section 26090(e)), of cannabis or cannabis product is expressly prohibited in the City of Oxnard. 455
3 SEC. 11-453. COMPLIANCE WITH STATE AND LOCAL LAWS.

It is the responsibility of the owners and operators of a commercial cannabis business to ensure that it is always operating in a manner compliant with all applicable State and local laws, and any regulations promulgated thereunder. Nothing in this article shall be construed as authorizing any actions that violate federal, State law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable federal, State and local laws, including the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), and any subsequently enacted State law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the local commercial cannabis business permit. Nothing in this article shall be construed as authorizing any actions that violate federal or State law regarding the operation of a commercial cannabis business.

SEC. 11-454. DEFINITIONS.

When used in this article, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(A) A-LICENSE - A State license issued by the Department of Cannabis Control (DCC) for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess a valid State issued medical cannabis card. (B) A-LICENSEE - Any Person holding a license for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess a state issued medical cannabis card.
(C) APPLICANT - An owner applying for a commercial cannabis business permit pursuant to this article.
(D) BATCH - A specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1) HARVEST BATCH - A specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals and harvested at the same time.
(2) MANUFACTURED CANNABIS BATCH - Either of the following:
(a) An amount of cannabis concentrates or extract that is produced in one production cycle using the same extraction methods and standard operating procedures. (b) An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures. 456
4 (E) CANNABIS - All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this article, CANNABIS does not mean “industrial hemp” as defined by Cal. Health and Safety Code, Section 11018.5 or Cal. Food and Agricultural Code Section 81000.
(F) CANNABIS ACCESSORIES - The same meaning as in Cal. Health and Safety Code, Section 11018.2.
(G) CANNABIS CONCENTRATE - Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this article. A cannabis concentrate is not considered food, as defined by Cal. Health and Safety Code, Section 109935, or drug, as defined by Cal. Health and Safety Code, Section 109925. (H) CANNABIS PRODUCT - A product containing cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health and Safety Code, Section 11362.5 (as the same may be amended from time-to-time) or pursuant to the Adult Use of Cannabis Act. For purposes of this article, “cannabis” does not include industrial hemp as defined by Cal. Food and Agricultural Code, Section 81000, or Cal. Health and Safety Code, Section 11018.5.
(I) CANNABIS PRODUCTS - The same meaning as in Cal. Health and Safety Code, Section 11018.1.
(J) CANNABIS WASTE - Any material intended for disposal that contains cannabis but is not otherwise considered a hazardous waste. Cannabis waste consisting solely of plant material shall be considered an organic waste as defined in Public Resources Code section 42649.8(d). (K) CANOPY - The designated area(s) at a licensed premise, except nurseries that will contain mature plants at any point in time.
(1) CANOPY shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries; and
(2) CANOPY may be non contiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which include, but are not limited to:
interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds or garden plots; and
(3) If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total CANOPY calculation. 457
5 (L) CAREGIVER or PRIMARY CAREGIVER - The same meaning as that term is defined in Cal. Health and Safety Code, Section 11362.7.
(M) CHILD RESISTANT - Designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly. (N) CITY - The City of Oxnard including the area within the territorial city limits of the city and such territory outside of the city over which the city council has jurisdiction or control by virtue of any provision of law.
(O) COMMERCIAL CANNABIS ACTIVITY - Includes the possession, manufacturing, distribution, cultivation, processing, storing, laboratory testing, packaging, labeling or transportation of cannabis and cannabis products as provided for in this division. (P) COMMERCIAL CANNABIS BUSINESS - Any business or operation which engages in medicinal or adult-use commercial cannabis activity.
(Q) COMMERCIAL CANNABIS BUSINESS PERMIT - A regulatory permit required to be issued to a commercial cannabis business by the City of Oxnard prior to commercial cannabis activity being conducted. Such permit cannot be issued before a Certificate of Occupancy is granted for the location at which the commercial cannabis business will be located. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business’s ongoing compliance with all of the requirements of this article and any regulations adopted by the city governing the commercial cannabis activity at issue. (R) CULTIVATION - Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(S) CULTIVATION SITE - A location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. (T) CUSTOMER - A natural person 21 years of age or over, or a natural person 18 years of age or older who possesses a State issued medical cannabis identification card. (U) DELIVERY - The commercial transfer of cannabis or cannabis products to a customer.

DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer.
(V) DEPARTMENT OF CANNABIS CONTROL (DCC) - The lead State agency or successor agency responsible for regulating and licensing commercial medicinal and adult use cannabis in California, which is also responsible for licensing retailers, cultivators, distributors, testing laboratories, microbusinesses, and temporary cannabis events. (W) DISTRIBUTION - The procurement, sale, and transport of cannabis and cannabis products between licensees.
(X) DISTRIBUTOR - A Person holding a valid commercial cannabis business permit for distribution issued by the City of Oxnard, and, a valid State license for distribution, required by State law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a license manufacturer, for sale to a licensed retailer. 458
6 (Y) DRIED FLOWER - All dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(Z) EDIBLE CANNABIS PRODUCT - Cannabis product that is intended to be used, orally, in whole or in part, for human consumption. For purposes, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as “cannabis concentrate.”
(AA) FUND - The Cannabis Control Fund established pursuant to Cal. Bus. and Prof. Code, Section 26210.
(BB) GREENHOUSE - A fully enclosed permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation.
(CC) INDOOR CULTIVATION - The cultivation of cannabis within a permanent structure using exclusively artificial light.
(DD) KIND - Applicable type or designation regarding a particular cannabis variant or cannabis product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
(EE) LABELING - Any label or other written, printed, or graphic matter upon a cannabis product, upon its container.
(FF) LICENSE - A State license issued by the State and includes both an A-license and an Mlicense, as well as a testing laboratory license. (GG) LICENSEE - Any person holding a license under this article, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(HH) LICENSING AUTHORITY - The City of Oxnard and/or State agency responsible for the issuance, renewal, or reinstatement of the license, or the City of Oxnard and/or State agency authorized to take disciplinary action against the licensee. (II) LIMITED-ACCESS AREA - An area in which cannabis is stored or held and is only accessible to a licensee or permittee and authorized personnel. (JJ) LIVE PLANTS - Living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(KK) LOCAL JURISDICTION - A city, county or city and county. (LL) LOCAL EQUITY APPLICANT - Applicant with at least 40% local ownership in the aggregate. Ownership shall not fall below 40% at any time and for the life of the commercial cannabis business permit issued by the city. If an applicant does not obtain a commercial cannabis business permit based upon the local equity status, then that applicant shall not be deemed a local equity applicant.
459
7 (MM) LOCAL OWNERSHIP - Ownership interest(s) held by one or more natural persons who are a resident within the city’s corporate boundaries as of the date the application is submitted and who maintain local residency at all times while their ownership interest(s) are used for qualifying as a local equity applicant for one or more commercial cannabis business permits. A minimum of 40% of cannabis ownership (in the aggregate) is required to be composed of residents of the City of Oxnard for the duration of the commercial cannabis business permit issued to the Local Equity Applicant. Factors used to determine local residency shall include (as applicable) but are not limited to the following: ownership or rental of dwelling unit within the city’s corporate boundaries that is the primary residence; California driver’s license with a residential address within the city’s corporate boundaries that is the primary residence; voter registration at a residential address within the city’s corporate boundaries that is the primary residence; residential address within the city’s corporate boundaries used for filing State and federal income tax returns that is the primary residence; and the natural person does not have a homestead exemption in any jurisdiction other than within the city’s corporate boundaries. Local ownership is subject to ongoing verification under penalty of perjury. Failure to maintain a minimum of 40% local ownership is grounds for revocation of the commercial cannabis business permit..
(NN) LOT - A batch or a specifically identified portion of a batch. (OO) M-LICENSE - A State license issued by the State for commercial cannabis activity involving medicinal cannabis.
(PP) M-LICENSEE - Any Person holding a license by the State for commercial cannabis activity involving medicinal cannabis.
(QQ) MANUFACTURE - To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(RR) MANUFACTURED CANNABIS - Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
(SS) MANUFACTURER - A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container.
(TT) MANUFACTURING SITE - A location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of Oxnard and, a valid State license as required for manufacturing of cannabis products.
(UU) MEDICINAL CANNABIS or MEDICINAL CANNABIS PRODUCT - Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use 460
8 Act of 1996 (Proposition 215), found at Cal. Health and Safety Code, Section 11362.5, by a medicinal cannabis patient in California.
(VV) MIXED-LIGHT CULTIVATION - The cultivation of cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or one of the artificial lighting models, excluding hoop structures. (WW) NONVOLATILE SOLVENT - Any solvent used in the extraction process that is not a volatile solvent. For purposes of this article, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing. (XX) NURSERY - A licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically, for the propagation and cultivation of cannabis. (YY) OPERATION - Any act for which a license is required under the provisions of this article, or any commercial transfer of cannabis or cannabis products. (ZZ) OUTDOOR CULTIVATION - The cultivation of cannabis, outside of a structure, without the use of artificial lighting in the canopy area at any point in time. Cultivation within a hoop structure is considered outdoor cultivation.
(AAA) OWNER - Any of the following:
(1) An individual with an ownership interest in the Person with the commercial cannabis business permit or a licensee, unless the interest is solely a security, lien, or encumbrance. (2) The manager of a nonprofit or other entity.
(3) A member of the board of directors.
(4) An individual who will be participating in the direction, control, or management of the business , or who has a financial interest in the business other than a fixed lease of real property. (BBB) PACKAGE - Any container or receptacle used for holding cannabis or cannabis products.
(CCC) PATIENT or QUALIFIED PATIENT - The same definition as Cal. Health and Safety Code, Sections 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of Cal. Health and Safety Code, Section 11362.5.10. (DDD) PERSON - Includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. (EEE) PERSON WITH AN IDENTIFICATION CARD - The meaning given that term by Cal. Health and Safety Code, Section 11362.7.
(FFF) PREMISES - The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee unless the operator is granted a M461 9 license and an A-license for the same type of activity and such operation is lawful under State and local laws, rules and regulations.
(GGG) PROCESSING - A cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non manufactured cannabis products. (HHH) PURCHASER - The customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(III) RETAILER - A commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered for retail sale by an operator who holds both a valid commercial cannabis business permit from the City of Oxnard, and a valid State license as required by State law to operate as a retailer. (JJJ) SELL, SALE, and TO SELL - Include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one Person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(KKK) STATE LICENSE - A permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. (LLL) TESTING LABORATORY - A laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.
(2) Licensed by the State of California.
(MMM) TOPICAL CANNABIS - A product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Cal. Health and Safety Code, Section 109925.
(NNN) TRANSPORT - The transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. (OOO) UNIQUE IDENTIFIER - An alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(PPP) VOLATILE SOLVENT - Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

Examples of VOLATILE SOLVENTS include, but are not limited to, butane, hexane, and propane.
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10 (QQQ) YOUTH CENTER - Any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or State parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

SEC. 11-455. CANNABIS EMPLOYEE PERMIT REQUIRED.
(A) Any person who is an employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable State law. (B) Any person who is an employee or who otherwise works, manages or is an Owner of a commercial cannabis business must obtain a commercial cannabis employee work permit from the city.
(C) Applications for a commercial cannabis employee work permit shall be developed, made available, and processed by the city manager or his or her designee(s), and shall include, but not be limited to, the following information:
(1) Name, address, and phone number of the applicant;
(2) Age and verification of applicant. A copy of a birth certificate, driver’s license, government issued identification card, passport or other proof that the applicant is at least 21 years of age must be submitted with the application;
(3) Name, address of the commercial cannabis business and the name of the primary manager of that business;
(4) A list of any crimes enumerated in Cal. Bus. and Prof. Code, Section 26057(b)(4) for which the applicant or employee has been convicted;
(5) The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the city manager or his or her designee(s); (6) A signed statement under penalty of perjury that the information provided is true and correct;
(7) If applicable, verification that the applicant is a qualified patient or primary caregiver; 463
11 (8) A fee paid in an amount set by resolution of the city council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is non-refundable and shall not be returned in the event the work permit is denied or revoked. (D) (1) The applicable city department head or his or her designee(s) shall review the application for completeness, shall conduct a background check to determine whether the applicant was convicted of a crime or left a previous employer for reasons that show the applicant:
(a) Has been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in Cal. Penal Code, Sections 186.11, 470, 484, and 504a; or
(b) Has committed a felony or misdemeanor involving fraud, deceit, embezzlement; or (c) Was convicted of a violent felony, a crime of moral turpitude; or (d) The illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
(2) Discovery of these facts showing that the applicant is dishonest or has been convicted of the requisite crimes are grounds for denial of the permit. Where the applicant’s sentence (including any term of probation, incarceration, or supervised release) for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is completed, such underlying conviction shall not be the sole ground for denial of a commercial cannabis work permit. Furthermore, an applicant shall not be denied a permit if the denial is based solely on any of the following: (i) a conviction for any crime listed in subsection (D)(1)(d) above for which the applicant has obtained a certificate of rehabilitation pursuant to Cal. Penal Code, Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or (ii) a conviction that was subsequently dismissed pursuant to Cal. Penal Code, Sections 1203.4, 1203.4a, or 1203.41 or any other provision of State law allowing for dismissal of a conviction. (E) The applicable department head or his or her designee(s) shall issue the commercial cannabis employee permit or a written denial to the applicant within 30 days of the date the application was deemed complete. In the event the cannabis employee work permit cannot be issued within this time period, then the city manager or his or her designee(s) may issue a temporary work permit for an employee upon completing a preliminary background check and if the business can demonstrate to the city manager or his or her designee(s) that the employee is necessary for the operation of the business. The temporary permit may be immediately revoked by the city manager or his or her designee(s) upon determination that the applicant has failed the background check or upon the issuance of the permanent work permit. (F) An employee work permit shall be valid for a 36-month period and must be renewed every three years. Renewal applications shall contain all the information required in subsection (C) above including the payment of a renewal application fee in an amount to be set by resolution of the city council.
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12 (G) In the event a person changes employment from one commercial cannabis business in the city to another, the work permit holder shall notify the applicable department head or his or her designee(s) in writing of the change within ten days, or the work permit shall be suspended or revoked, and such person shall not be permitted to work at any commercial cannabis business in the city.
(H) The city may immediately revoke the commercial cannabis employee permit should the permit holder be convicted of a crime listed in subsection (D) above or if facts become known to the city that the permit holder has engaged in activities showing that he or she has been convicted of a crime involving dishonesty.
(I) The city manager or his or her designee(s) is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements. (J) The applicant may appeal the denial or revocation of a commercial cannabis employee permit by filing a notice of appeal with the city clerk within ten days of the date the applicant received the notice of denial. The city manager or his or her designee shall hear such appeal and his or her decision shall be final and not subject to further appeals. (K) The applicable city department head or his or her designee(s) shall issue a permit in the form of a personal identification card that can be worn in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.

SEC. 11-456. MAXIMUM NUMBER AND TYPE OF AUTHORIZED COMMERCIAL CANNABIS BUSINESSES PERMITTED.
(A) The number of each type of commercial cannabis business that shall be permitted to operate in the city at any one time shall be as follows:
(1) Cannabis manufacturing - Maximum of eight (8) at any one time, with up to three permits issued to local equity applicants.
(2) Cannabis testing lab - Maximum of one (1) at any one time. (3) Cannabis distributor - Maximum of three (3) at any one time, with up to three permits issued to local equity applicants.
(4) Cannabis retail - Maximum of sixteen (16) at any one time, with up to three permits issued to local equity applicants.
(5) Cannabis cultivation - Maximum of five (5) at any one time. (B) This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category. Nothing in this article creates a mandate that the city council must issue any or all of the commercial cannabis business permits.
(C) Each year following the city manager’s initial award of commercial cannabis business permits, if any, or at any time at the city council’s discretion, the city council may reassess the 465
13 number of commercial cannabis business permits which are authorized for issuance. The city council at its discretion, may determine that the number of commercial cannabis business permits should remain the same, or be expanded.

SEC. 11-457. COMMERCIAL CANNABIS BUSINESS PERMIT; APPLICATION PROCEDURE.
(A) The city manager or his or her designee shall adopt the procedures to govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permit(s), which shall include or require the city manager to provide detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to each set of review criteria (“review criteria”). The city manager or his or her designee(s) shall be authorized to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes, solicit applications, and conduct initial evaluations of the applicants.
(B) At the time of filing, each applicant shall pay an application fee established by resolution of the city council, to cover all costs incurred by the city in the application process. (C) After the initial review, ranking, and scoring under the review criteria, the city manager or his or her designee(s) will make a final determination in accordance with this section and shall either deny or approve the final candidates and shall select the top candidates in each category of the commercial cannabis businesses. Notwithstanding anything in this article to the contrary, the city manager’s decision as to the selection of the prevailing candidates shall be final and shall not be subject to appeal.
(D) Official issuance of the commercial cannabis business permit(s) is conditioned upon the prevailing candidate(s) obtaining all required land use approvals and completing to the city’s satisfaction all conditions of approval required for the site to be issued a certificate of occupancy and commercial cannabis business business permit.. Following the city manager’s selection of the Person who shall be issued a commercial cannabis business permit, the prevailing candidate(s) shall apply to the city’s community development department to obtain required land use approvals or entitlements pursuant to Section 16-163. A special use permit (SUP) or a development design review (DDR) permit shall be required prior to the issuance of building permits. The SUP and DDR shall expire one year after issuance if the applicant has not diligently pursued obtaining the necessary building permits and complying with the conditions of approval needed for the business to open at the approved location. The permittee’s location and use approvals shall include compliance with all applicable provisions of the California Environmental Quality Act. The community development director shall formally issue the commercial cannabis business permit(s) once the community development director or his or her designee(s) affirms that all of the required land use approvals have been obtained and all required conditions of approval have been complied with. (E) Issuance of a commercial cannabis business permit does not create a land use entitlement.

The commercial cannabis business permit shall only be for a term of 12 months and shall expire at the end of the 12- month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a commercial cannabis business 466
14 permit, unless all of the State and local laws and regulations, including but not limited to the requirements of this article and of the permit, have been complied with. (F) Notwithstanding anything in this article to the contrary, the city manager reserves the right to reject any or all applications if the city manager determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community.

Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit’s term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the city council may terminate or delay the program created under this article.
(G) If an application is denied, a new application may not be filed for one year from the date of the denial.
(H) Each Person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this article. (I) Preservation of rights. The city reserves the right to reject any or all applications. Prior to permit issuance by the city council, the city may also modify, postpone, or cancel any request for applications, or the entire program under this article, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under State law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this article, may be canceled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to possible rejection for failure to comply with other requirements in this article, an applicant also risks being rejected for any of the following reasons:
(1) Proposal received after designated time and date.
(2) Proposal not containing the required elements, exhibits, nor organized in the required format.
(3) Proposal considered not fully responsive to the request for permit application.

SEC. 11-458. PERSONS PROHIBITED FROM HOLDING A LICENSE OR EMPLOYEE WORK PERMIT.

Any person who has been issued any of the following actions or notices for non-compliance, shall be prohibited from holding a commercial cannabis business permit in the city, with such actions or notices also grounds for denial of a commercial cannabis business permit:
(A) The applicant has been denied a license or has had a license suspended or revoked by any city, county, city and county or any other State cannabis licensing authority; (B) The applicant was notified that they were conducting commercial cannabis activity in non-compliance with this chapter 11 or other City of Oxnard ordinances, codes or requirements in which they failed to discontinue operating in a timely manner; 467
15 (C) Evidence that the applicant was in non-compliance of properly paying federal, State or local taxes and/or fees when notified by the appropriate agencies; (D) The applicant was conducting commercial cannabis activity in the city in violation of local and State law.

SEC. 11-459. EXPIRATION OF COMMERCIAL CANNABIS BUSINESS PERMITS.

Each commercial cannabis business permit issued pursuant to this article shall expire 12 months after the date of its issuance. Commercial cannabis business permits may be renewed as provided in section 11-461.

SEC. 11-460. REVOCATION OF PERMITS.

Commercial cannabis business permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to any policy, procedure or regulation in this article.

SEC. 11-461. RENEWAL OF COMMERCIAL CANNABIS BUSINESS PERMITS. (A) An application for renewal of a commercial cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit. (B) The renewal application shall contain the current owner and employee information, copy of the owner’s State license, the city business tax certificate, and such other information as required by the city.
(C) The applicant shall pay a regulatory compliance fee in an amount set by city council resolution. The regulatory compliance fee shall not exceed the reasonable cost incurred by the city to administer the program created by this article. The applicant shall pay this annual fee, at the time of renewal, on a yearly basis.
(D) An application for renewal of a commercial cannabis business permit may be rejected if any of the following exists:
(1) The application is filed less than 60 days before its expiration. (2) The commercial cannabis business permit is suspended or revoked at the time of the application.
(3) The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.
(4) The commercial cannabis business has failed to conform to the requirements of this article, or of any regulations adopted pursuant to this article. (5) The permittee fails or is unable to renew its State of California license. 468
16 (6) If the city or State has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this article, of the city ordinance, or of the State rules and regulations, and the city or State has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit. (E) The city manager or his or her designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager or his or her designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager or his or her designee(s) shall be handled pursuant to Sections 11-464 to 11-465. (F) If a renewal application is rejected, a Person may file a new application pursuant to this article no sooner than one year from the date of the rejection.

SEC. 11-462. EFFECT OF STATE LICENSE SUSPENSION, REVOCATION, OR TERMINATION.

Suspension of a license issued by the State, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the State, or its respective department or division, reinstates or reissues the State license.

Should the State, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Oxnard.

SEC. 11-463. APPEALS.

Unless specifically provided elsewhere to the contrary, whenever an appeal is specifically provided for in this article, the appeal shall be conducted as prescribed in this article.

SEC. 11-464. APPEAL OF DECISION OF CITY MANAGER OR PLANNING COMMISSION.
(A) Within ten calendar days after the date of a decision of the city manager or his or her designee(s) to revoke, or suspend, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.
(B) Within eighteen calendar days after the date of a decision of the planning commission to approve a special use permit pursuant to this article, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.
(C) At the time of filing, the appellant shall pay the designated appeal fee in an amount, established by resolution of the city council.
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17 (D) Appeals shall be conducted in accordance with Section 16-465.

SEC. 11-465. APPEAL HEARING.
(A) Upon receipt of the written appeal pursuant to Section 11-464, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. (B) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than 90 days from the date of such filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing. (C) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The decision of the city council shall be final.

SEC. 11-466. APPEAL OF DECISION OF COMMUNITY DEVELOPMENT DIRECTOR. (A) Within ten calendar days after the date of a decision of the community developer director pursuant to this article, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper. At the time of filing, the appellant shall pay the designated appeal fee, established by resolution of the city council. (B) Upon receipt of the written appeal pursuant to subsection (A), the city clerk shall set the matter for a hearing before the planning commission. The planning commission shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. The appeal shall be held within a reasonable time after filing the appeal, but in no event later than 90 days from the date of such filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing.
(C) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The decision of the planning commission shall be final.

SEC. 11-467. CHANGE IN LOCATION; UPDATED REGISTRATION FORM.

Any time the location of a commercial cannabis business or retailer specified in the regulatory permit is proposed to be changed, the applicant shall be required to first secure a new commercial cannabis business permit, and discretionary land use permit for the new location before moving to that location, with such approvals subject to terminating the commercial cannabis business permit at the existing location so there is no net increase in the number of cannabis business permits issued within the city. The process and the fees shall be the same as for a new facility and in accordance with the regulations specified in this article. No proposed 470
18 change in location shall be considered until such time as the original location has first been opened for business for a minimum of one year consistent with the requirement of the city’s regulations.

SEC. 11-468. TRANSFER OF CANNABIS BUSINESS PERMIT.
(A) The holder of a cannabis business permit shall not transfer ownership or control of the permit to another person unless and until the transferee obtains an amendment to the permit from the city manager or his or her designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager or his or her designee in accordance with all provisions of this article (as though the transferee were applying for an original cannabis business permit) accompanied by a transfer fee in an amount set by resolution of the city council (or if not set, shall be the same amount as the application fee), and the city manager or his or her designee determines, after hearing, in accordance with this section that the transferee passed the background check required for permittees and meets all other requirements of this article. The decision of the city manager is final. For the purposes of this subsection (A) “control” shall be deemed to be the aggregate transfer of 40% or more of the ownership of the permit.
(B) Commercial cannabis business permits issued through the grant of a transfer by the city manager or his or her designee shall be valid for a period of one year beginning on the day the city manager or his or her designee approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit in the manner required by this article.
(C) Changes in ownership of a permittee business structure or a substantial change in the ownership of a permittee business entity (i.e changes that result in a cumulative change of more than 40% of the original ownership) must be approved by the city manager or his or her designee through the transfer process contained in subsection (A). Failure to comply with this provision is grounds for permit revocation.
(D) A permittee may change the form of business entity without applying to the city manager or his or her designee for a transfer of permit, provided that the membership of the new business entity is substantially similar to original permit holder business entity (at least 60% of the membership is identical). The permit holder shall notify the city manager in writing of the change within ten days of the change. Failure to comply with this provision is grounds for permit revocation.
(E) No commercial cannabis business permit may be transferred when the city manager or his or her designee has notified the permittee that the permit has been or may be suspended or revoked.
(F) Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.
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19 (G) Notwithstanding any language in this section to the contrary, no transfer of a local equity ownership interest in a business that obtained its commercial cannabis business permit as a local equity applicant shall be allowed if such proposed transfer would reduce the local equity interest in the commercial cannabis business to a level below that required for a local equity applicant.

SEC. 11-469. CITY BUSINESS TAX CERTIFICATE.

Prior to commencing operations, a commercial cannabis business shall obtain a City of Oxnard business tax certificate, pursuant to article I.

SEC. 11-470. BUILDING PERMITS AND INSPECTION.

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the fire department approvals, health department approvals and other zoning and discretionary land use permit(s) and approvals.

SEC. 11-471. CERTIFICATION FROM THE COMMUNITY DEVELOPMENT DIRECTOR.

Prior to submittal of a commercial cannabis business permit, the applicant shall obtain a zoning clearance (ZC) and zoning verification letter (ZVL) from the community development director or his or her designee(s) certifying that the business is located on a site that meets all of the requirements of chapter 16 and this article. A fee shall be established by city council resolution for submittal and processing of this certification.

SEC. 11-472. RIGHT TO OCCUPY AND TO USE PROPERTY.
(A) As a condition precedent to the city’s issuance of a commercial cannabis business permit pursuant to this article, any Person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property acknowledging that the property owner has read this article and consents to the operation of the commercial cannabis business on the owner’s property.
(B) The lease, sublease or other agreement to occupy the property must be at fair market value and not have any terms or conditions for the permittee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the city. In addition, all leases, subleases, or other agreements must be based on a monthly rate.
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20 SEC. 11-473. LOCATION AND DESIGN OF CANNABIS BUSINESSES.

Specific types of commercial cannabis businesses are subject to the following zoning and locational requirements:
(A) All cannabis manufacturing, testing, and distribution businesses have been conceptually identified on land use maps, with actual siting subject to land use siting criteria and buffer requirements stipulated in this article. Manufacturing, testing, and distribution facilities are conceptually permitted on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP), as well as auto sales and service, business park, and commercial manufacturing zones within the Rose Santa Clara Corridor Specific Plan. Manufacturing, testing, and/or distribution facilities may also be located in the following specific plan areas subject to relevant specific plan requirements: Northeast Community Specific Plan, Sakioka Farms, Camino Real Business Park, McInnes Ranch Business Park Specific Plan, and Northfield Seagate Business Park Specific Plan. (B) Cultivation is conceptually permitted on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP). Cultivation may also be located in the following areas subject to relevant specific plan requirements: Sakioka Farms Business Park Specific Plan; McInnes Ranch Business Park Specific Plan; Arcturus Ave.; Northfield & Seagate Business Park Specific Plan; Channel Island Business Center; and Statham Business Park.
(C) All cannabis retail dispensary businesses have been conceptually identified on land use maps, with actual siting subject to land use siting criteria and buffer requirements as stipulated in this subsection (C). Retailers are conceptually permitted in property zoned neighborhood shopping center (C-l), neighborhood shopping center planned development (C-l-PD), general commercial (C-2), general commercial planned development (C-2-PD), coastal neighborhood commercial (CNC), and commercial planned development (CPD), business park, retail commercial, and commercial manufacturing zones within the Rose Santa Clara Corridor Specific Plan. Retail dispensaries may also be located in the following specific plan areas subject to relevant specific plan requirements: RiverPark - commercial office, commercial convention, and commercial regional, Sakioka Farms, and Camino Real Business Park. (D) Compliance with any specific plan requirements.
(E) The property on which any commercial cannabis business is located must also meet all of the following distance requirements:
(1) It shall be no closer than 600 feet of any of the following:
(a) Any school providing instruction in kindergarten or any grades 1 through 12, whether public, private, or charter, including pre-school, transitional kindergarten, and K-12. (b) A commercial daycare center licensed by the city or county that is in existence at the time the license is issued, unless the State licensing authority or the city specifies a different radius.
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21 (c) A youth center that is in existence at the time the license is issued, unless the State licensing authority or the city specifies a different radius. (2) The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the identified use to the closest property line of the lot on which the cannabis use is located without regard to intervening structures. (F) Each proposed commercial cannabis business use shall:
(1) Conform with the city’s general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning, and specific plan requirements, and related development standards.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection (sprinkler and alarm; retrofit when determined necessary by the fire marshal) and storm drainage facilities for the intended purpose.

SEC. 11-474. LIMITATIONS ON CITY’S LIABILITY.

To the fullest extent permitted by law, the City of Oxnard shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this article or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:
(A) They must execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Oxnard and its officers, officials, employees, representatives, and agents harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the city’s issuance of the commercial cannabis business permit, the city’s decision to approve the operation of the commercial cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, State or local laws by the commercial cannabis business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city manager.
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22 (C) Reimburse the City of Oxnard for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of Oxnard may be required to pay as a result of any legal challenge related to the city’s approval of the applicant’s commercial cannabis business permit, or related to the city’s approval of a commercial cannabis activity. The City of Oxnard may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

SEC. 11-475. CANNABIS DELIVERY FROM OUTSIDE THE CITY.
(A) Cannabis delivery from outside the city is only allowed from state licensed operators who meets the following requirements:
(1) First obtain an Oxnard Business Tax Certificate;
(2) Provide the City with a copy of the State license issued by the Department of Cannabis Control that authorizes such deliveries; and
(3) During delivery into the city, the delivery driver from the state licensed operator displays the following information in each delivery vehicle at all times:
(a) A copy of a City of Oxnard Business Tax Certificate. (b) A copy of a State license issued by the Department of Cannabis Control. (B) Cannabis deliveries from within the city are only allowed from city licensed commercial cannabis retailers.

SEC. 11-476. RECORDS AND RECORDKEEPING.
(A) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this article), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a permonth basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the city manager or his or her designee(s). (B) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the city manager or his or her designee(s) upon a reasonable request. (C) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis 475
23 and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA. (D) Each commercial cannabis business shall allow the city to have access to the businesses books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the city’s request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city’s software and hardware.

SEC. 11-477. OPERATIONAL STANDARDS.
(A) A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the city manager or his or her designee(s), these security measures shall include, but shall not be limited to, all of the following and are considered in addition to the best practices identified in the guidelines for issuance of a cannabis business permit and/or conditions imposed as part of the discretionary land use permit approval:
(1) Alarm system (perimeter, fire, and panic buttons).
(2) Remote monitoring of alarm systems by licensed security professionals and first responders (Knox box, etc.).
(3) Perimeter lighting systems (including motion sensors) for after-hours security. (4) Perimeter security and lighting as approved by the police chief, community development department or his or her designee.
(5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.
(6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
(7) Plan for cash handling as relevant to manufacturing, testing, and distribution operations. (8) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent.

All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fireresistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss. 476
24 (9) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weatherproof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the city manager or his or her designee(s), and that it is compatible with the city’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the city manager or his or her designee(s). Video recordings shall be maintained for a minimum of 90 days and shall be made available to the city manager or his or her designee(s) upon request.

Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Oxnard police department by the commercial cannabis business, to facilitate remote monitoring of security cameras by the department or its designee.
(10) Sensors shall be installed to detect entry and exit from all secure areas, and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(11) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to Oxnard police department dispatch, and shall be configured to immediately alert dispatch for the Oxnard police department.
(12) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.
(13) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building. (14) Security personnel shall monitor premises in accordance with a security plan as authorized by the city manager or his or her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his or her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the police chief.
(15) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (16) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the commercial cannabis business; or (b) a licensed security professional.
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25 (17) Each commercial cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable. (18) Each commercial cannabis business shall demonstrate to the police chief, city manager or their designees compliance with the State’s track and trace system for cannabis and cannabis products, as soon as it is operational.
(19) Each commercial cannabis business shall have state of the art network security protocols in place to protect computer information and all digital data. (20) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
(B) Each commercial cannabis business shall identify a designated security representative/liaison to the City of Oxnard, who shall be reasonably available to meet with the city manager or his or her designee(s) regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the city manager or his or her designee upon request that meets the following requirements:
(1) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
(2) Identifies all managers of the commercial cannabis business and their contact phone numbers.
(3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(5) Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the commercial cannabis business, the parking lot, and any adjacent property under the business’s control. (6) Confirm that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these area are: (a) free of individuals loitering or causing a disturbance; (b) are cleared of employees and their vehicles one-half hour after closing. (C) As part of the application and permitting process, each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. (D) The commercial cannabis business shall cooperate with the city whenever the city manager or his or her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this article. Prevention fire inspectors shall be allowed access to audit buildings for fire life safety concerns on a yearly basis or as determined necessary per the fire marshal.
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26 (E) A commercial cannabis business shall notify the city manager or his or her designee(s) within 24 hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager or his or her designee(s). (2) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business. (3) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business. (4) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the city manager or his or her designee prior to commencing business operations. The city manager or his or her designee may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

SEC. 11-478. RESTRICTION ON ALCOHOL AND TOBACCO SALES.
(A) No Person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business. (B) No Person shall cause or permit the sale or tobacco products on or about the premises of the commercial cannabis business.

SEC. 11-479. FEES AND CHARGES.
(A) No Person may commence or continue any commercial cannabis activity in the city without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.
(B) All commercial cannabis businesses authorized to operate under this article shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State and local law. Each commercial cannabis business shall cooperate with the city with respect to any reasonable request to audit the commercial cannabis business’s books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. (C) Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into an operational agreement with the city setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, 479
27 community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

SEC. 11-480. MISCELLANEOUS OPERATING REQUIREMENTS.
(A) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the city and/or as determined within the discretionary land use permit.
(B) Restriction on consumption - Cannabis shall not be consumed by any employee on the premises of any commercial cannabis business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (D) Reporting and tracking of product and of gross sales - Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review.

Furthermore, any system selected must be approved and authorized by the city manager or his or her designee(s) prior to being used by the permittee.
(E) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
(F) Emergency contact and emergency response plan - Each commercial cannabis business shall provide the city manager or his or her designee(s) with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Each commercial cannabis business must have a fire evacuation plans, and plan to address robberies and other emergencies. Said plan shall be reviewed and approved by the fire and police chiefs or designee. (G) Signage and notices -
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of Oxnard regulations, including, but not limited to, seeking the issuance of a city sign permit. (2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
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28 (3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. (5) Signage may be internally illuminated or externally illuminated with directed and shielded downward facing lighting consistent with city regulations and the conditions of approval. All signs shall conform with Section 16-595. Signage shall not feature exposed elements.
(6)No banners (with the exception of permitted Grand-Opening Banners), flags, or other prohibited signs may be used at any time.
(H) Minors -
(1) Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this article for any Person to employ any person at a commercial cannabis business who is not at least 21 years of age. (2) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the commercial cannabis business, unless otherwise authorized by state law. (I) Odor control - Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the community development director or his or her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the commercial cannabis businesses interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. (J) Display of permit and city business tax certificate - The original copy of the commercial cannabis business permit issued by the city pursuant to this article and the city issued business 481
29 tax certificate shall be posted inside the commercial cannabis business in a location readilyvisible to the public. (K) Background check - Pursuant to Cal. Penal Code, Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee or who otherwise works in a commercial cannabis business must submit fingerprints and other information deemed necessary by the police chief or his or her designee(s) for a background check by the City of Oxnard police department. Pursuant to Cal. Penal Code, Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no Person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the police chief or his or her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Oxnard to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. (L) Loitering - The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises.

SEC. 11-481. OTHER OPERATIONAL REQUIREMENTS.

The city manager or his or her designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. Minor changes may occur to the approved conditions of the special use permit (SUP) or a development design review (DDR) permit pursuant to Section 16-560.

SEC. 11-482. OPERATING REQUIREMENTS FOR TESTING LABORATORIES. (A) Testing laboratories shall be required to conduct all testing in a manner pursuant to Cal.

Bus. and Prof. Code, Section 26100 and shall be subject to State and local law. Each testing laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under this article and any subsequent State of California legislation regarding the same.
(B) Testing laboratories shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
(C) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Department of Cannabis Control. 482
30 (D) Testing laboratories shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Department of Cannabis Control unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau of Cannabis Control. (E) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by State law and that the testing laboratory employee transports the sample to the testing laboratory. (F) Except as provided by State law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with State law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol. (G) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing laboratory shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received. (H) Approval of testing laboratories shall be through approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard.

The appeal of the approval or denial of such permit shall be to the planning commission pursuant to Section 11-466.

SEC. 11-483. OPERATING REQUIREMENTS FOR DISTRIBUTORS.
(A) A distributor shall not store non-cannabis goods or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis goods or non-cannabis accessories at a licensed premises. For the purposes of this section, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Cal. Code of Regulations, Title 16, Section 5000. (B) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing. (C) A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises. (D) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of State law, specifically the testing provisions within the California Code of Regulations.
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31 (E) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded and the recording kept available to State and local authorities for a minimum of 180 days, pursuant to Cal. Code of Regulations, Title 16, Section 5305.
(F) A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing laboratory as being in compliance with state health and safety requirements pursuant to Cal. Code of Regulations, Sections 5705, 5710 and 5714 of Title 16. (G) Approving of distributor shall be through the approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard. The appeal of the approval or denial of such permit shall be to the planning commission pursuant to Section 11-466.

SEC. 11-484. OPERATING REQUIREMENTS FOR CANNABIS MANUFACTURING:

EDIBLES AND OTHER CANNABIS PRODUCTS; SALE OR DISTRIBUTION OF EDIBLE AND OTHER CANNABIS PRODUCTS.
(A) Cannabis manufacturing facilities requiring a type-6, type-7, type S, or any subsequent created manufacturing State license (using non-volatile and volatile solvents) as defined in MAUCRSA, may be permitted to operate within those zone districts as defined in the City of Oxnard code.
(B) Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Oxnard in containers that exceeds the amount which is approved by the Oxnard fire department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of compressed gas tanks allowed on the property at any one time, as determined by the Oxnard fire department. (C) Cannabis manufacturing facilities may use the hydrocarbons N-butane, isobutane, ethanol, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the community development department. These solvents must be of at least 99% purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
(D) If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use. The CO2 must be of at least 99% purity.
(E) Closed loop systems for compressed gas extraction systems must be used and must be commercially manufactured and bear a permanently affixed and visible serial number. (F) Certification from an engineer licensed by the State of California, or from a State certified professional engineer or state certified industrial hygienist from another state, must be provided 484
32 to the community development department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
(1) The American Society of Mechanical Engineers (ASME); (2) American National Standards Institute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Society for Testing and Materials (ASTM). (G) The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified. (H) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Oxnard fire department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.
(I) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. (J) Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. (K) Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
(L) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. (M) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
(N) Approval of manufacturing facilities shall be through approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard.

The appeal of the approval or denial of such permit shall be to the planning commission pursuant to Section 11-466.

SEC. 11-485. OPERATING REQUIREMENTS FOR RETAIL FACILITIES. (A) No more than the number of cannabis retailers authorized by Section 11-456 shall operate within the City of Oxnard at any one time.
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33 (B) Approval of retail dispensaries shall be through approval of a special use permit to be issued by the planning commission pursuant to Section 16-531. The appeal of the approval or denial of such special use permit shall be to the city council pursuant to sections 11-464 and 11- 465.
(C) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer’s possession of a state issued medical cannabis card. Persons 18 to 20 years old who are unable to produce the necessary documentation cannot purchase cannabis legally and are to be denied admittance to the retail facility. For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(D) Entrances into the retailer shall be locked at all times with entry strictly controlled. A “buzz-in” electronic/mechanical entry system shall be utilized to limit access to and entry to the retail area to separate it from the reception/lobby area. Individuals must show their governmentissued identification or a medical cannabis card issued pursuant to Cal. Health and Safety Code, Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point of sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
(E) Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the police chief. (F) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(G) All restroom facilities shall remain locked and under the control of management. (H) Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this subsection. (1) The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.
(2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retailer shall be contained in child-resistant packaging. (5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must 486
34 allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. (6) A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Cal. Bus. and Prof. Code, Chapters

11.4 and 11.5 of Division 3.
(I) Access to retailer premises -
(1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age.
(2) Notwithstanding subsection (I)(1) above, individuals who are at least 18 years of age and in possession of a state issued medical cannabis card shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis. (J) Authorized sales - A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid state issued cannabis card. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted. (K) Limited access areas - A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the police chief or the development services director upon request.
(L) Operating hours of the retailer license shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week or a reduced duration as stipulated through the discretionary land use permit.
(M) Parking requirements shall be in accordance with chapter 16, article X of the Oxnard city code - 1 parking space per 250 square feet or as stipulated in a city traffic engineer approved parking study via a request for administrative parking relief pursuant to Section 16-651.

Commercial cannabis retail businesses proposed to be located within the Downtown Specific Plan area may pay a downtown parking management in-lieu fee to meet off-street parking requirements.
(N) Retail security requirements. All security measures required by section 11-477 (operational standards) are directly applicable to and binding on all commercial cannabis businesses, including all retailers.
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35 SEC. 11-486. OPERATING REQUIREMENTS FOR RETAILERS WITH DELIVERY SERVICE.
(A) Retailers located within the city that provide delivery are required to verify the age and the necessary documentation of each medical customer to ensure the customer is not under the age of 18 years, and to verify that the potential customer has a valid state issued cannabis card. The age verification requirement applies to both the customer and any person accepting delivery on behalf of the customer. If the latter, the individual must be at least 21 years of age. (B) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis Products.
(C) The year, make, model, color, license plate number, and vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis or cannabis Products. (D) Proof of insurance as required in section 11-474(B) for any and all vehicles being used to deliver cannabis or cannabis Products.
(E) The licensee shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis and/or cannabis Products prior to using the vehicle to deliver cannabis and/or cannabis Products. (F) The Commercial cannabis Business shall provide the city with any changes to the information required by this section in writing within 30 calendar days. (G) Delivery of cannabis products originating from the City of Oxnard are not authorized except from a retailer who has obtained both the necessary city and State permits and is in full compliance with this Section.

SEC. 11-487. OPERATING REQUIREMENTS FOR CULTIVATORS.
(A) No more than the number of cannabis cultivators authorized by Section 11-456 shall operate within the city at any one time.
(B) Approval of cultivation facilities shall be through approval of a development design review (DDR) permit to be issued by the Community Development Director of the city. The appeal of the approval or denial of such permit shall be to the Planning Commission pursuant to Section 11-466.
(C) All commercial Outdoor Cultivation and Mixed-Light Cultivation of cannabis and nursery activity within the city is prohibited. It is hereby declared to be unlawful and a public nuisance for any Person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Oxnard to cause or allow such parcel to be used for the commercial outdoor cultivation of cannabis.
(D) The commercial cultivation of cannabis must occur indoors in an approved indoor cultivation facility with a valid commercial cannabis business permit from the city under this Chapter.
488
36 (E) In no case shall cannabis plants be visible from the exterior of the building. (F) From a public right-of-way, there shall be no exterior evidence of commercial cannabis cultivation except for any signage authorized by the city. All signs shall conform with Section 16-595.
(G) Any pesticides and/or fertilizers used at the cultivation site shall be properly labeled and stored in accordance with Fire Dept. and City regulations to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (H) A commercial cannabis cultivation licensee shall comply with all applicable federal, State and local laws and regulations regarding use and disposal of pesticides and fertilizers. (I) Each commercial cannabis cultivation licensee shall submit the following in addition to the information required to secure approval of a commercial cannabis business permit:
(1) A cultivation and operations plan shall be submitted for City review and approval which will identify the type(s) of cannabis plant to be grown (species/strain), cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. (2) A monthly and yearly projected water usage plan. The plan shall include water conservation and recycling measures for capture and reuse of on site water, water treatment plan and wastewater discharge plan. Said plan shall be reviewed and approved by the City.

Every attempt should be made by the licensee to connect to the City’s recycled water line when feasible.
(3) An energy usage and conservation plan which identifies the sources of power, projected monthly and yearly usage, and efficiency plan, including use of on site renewables. (4) Neighborhood compatibility plan which shall address odor security, safety, and other compatibility issues which may derive from the cultivation site and as requested by the City. (5) Floor plan identifying the location, dimensions, and boundaries of all proposed canopy areas taking into account space needed for ongoing care of plants and a description of the proposed method of physically delineating those boundaries at the site. (J) A permittee shall only be allowed to cultivate the square feet of canopy space permitted by State law and in the Commercial Cannabis Business Permit issued by the city for the premises.

SEC. 11-488. PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES.
489
37 (A) In addition to any regulations adopted by the city council, the city manager or his or her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this article. (B) Regulations shall be published on the city’s website. (C) Regulations promulgated by the city manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all State and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager or his or her designee.
(D) Testing laboratories, distribution facilities and special events shall be subject to State law and shall be subject to additional regulations as determined from time to time as more regulations are developed pursuant to this section and any subsequent State of California legislation regarding the same.

SEC. 11-489. COMMUNITY RELATIONS.
(A) Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within 600 feet of the commercial cannabis business.
(B) During the first year of operation pursuant to this article, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this article shall attend quarterly meetings with the city manager or his or her designee(s), and other interested parties as deemed appropriate by the city manager or his or her designee(s), to discuss costs, benefits, and other community issues arising as a result of implementation of this article. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or his or her designee(s) when and as requested by the city manager or his or her designee(s).
(C) Commercial cannabis businesses to which a permit is issued pursuant to this article shall describe benefits that the cannabis business would provide to the local community, such as community contributions, volunteer services and/or economic incentives, stated in the Community Benefits Agreement.

SEC. 11-490. PERMIT HOLDER RESPONSIBLE FOR VIOLATIONS.

The person to whom a commercial cannabis business permit is issued pursuant to this article shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Oxnard. whether committed by the permittee or any 490
38 employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence.

SEC. 11-491. INSPECTION AND ENFORCEMENT.
(A) The city manager, or his or her designee(s) charged with enforcing the provisions of the City of Oxnard code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this article or under applicable provisions of State law.
(B) It is unlawful for any Person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this article or under State or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this article or under State or local law.
(C) The city manager, or his or her designee(s) charged with enforcing the provisions of this article may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes.

Any samples obtained by the City of Oxnard shall be logged, recorded, and maintained in accordance with established procedures by the City of Oxnard city manager or these regulations.

SEC. 11-492. COMPLIANCE WITH STATE REGULATIONS.

It is the stated intent of this article to regulate commercial cannabis activity in the City of Oxnard in compliance with all provisions MAUCRSA and any subsequent State legislation.

SEC. 11-493. VIOLATIONS DECLARED A PUBLIC NUISANCE.

Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

SEC. 11-494. EACH VIOLATION A SEPARATE OFFENSE.

Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Oxnard. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any 491
39 other relief or remedy available at law or in equity. The City of Oxnard may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his or her designee(s), may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the city manager, or his or her designee(s).

SEC. 11-495. PENALTIES.

Each and every violation of the provisions of this article may at the discretion of the district attorney or city attorney be prosecuted as an infraction or misdemeanor and upon conviction be subject to imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment. Each commercial cannabis business may be cited for any violation of any law and/or any rule, regulation and/or standard adoption pursuant to this article. A fine not to exceed $10,000 for the first violation, $15,000 for the second violation and revocation of the permit for a period of two years after which time the business operator would have to reapply.

The fine for operating an unlicensed and/or unpermitted commercial cannabis business shall be $30,000 per day and the issuance of a notice to appear in court. Each day a violation is committed or permitted to continue shall constitute a separate offense. At the discretion of the city manager or his or her designee, higher or lower fines or penalties may be recommended based on the facts of individual cases where generally supported by aggravating or mitigating circumstances. Aggravating factors may include, but are not limited to: prior disciplinary history, nature and severity of the act(s), violations, offenses, or crime(s) under consideration, actual or potential harm to the public, actual or potential harm to any consumer, prior warning letters, licensee involvement, premises in high crime area, lack of cooperation by licensee in investigation, appearance and actual age of minor, continuing course or pattern of conduct.

Mitigating factors may include, but are not limited to: length of licensure at subject location without prior discipline problems, positive action by licensee to correct problem, documented training of licensee and employees and cooperation by licensee in investigation.

SEC. 11-496. REMEDIES CUMULATIVE AND NOT EXCLUSIVE.

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. 492
40 Section 2. Amend OCC Chapter 16, Article III, Division 11, Section 16-163 to read as follows:

SEC. 16-163. INDUSTRIAL LAND USES BY ZONE: INDUSTRIAL LAND USE MATRIX.

The allowed land uses in the industrial zoning districts are identified in the following table, subject to the limitations identified in the Notes Section.

Industrial Land Use Matrix
Key:

Blank: Not Allowed P: Permitted Use (Requires a Zone Clearance) SUP: Special Use Permit DDR: Development Design Review Permit Land Use Zone District
CM BRP M-L M-1 M-2 Notes
Administrative, executive, and/or corporate
offices which are a part of a predominantly
industrial operation, including
governmental offices and facilities

P P P P P
Administrative, financial, professional,
medical, and general office services

P P SUP
Adult businesses, except adult motels P P P P Refer to section 16-337 Adult day care facilities P P
Adult motels P Refer to section 16-336
Agricultural and construction vehicle sales
with incidental repair and service

SUP DDR DDR
Agricultural, limited to growing of crops P P P P P
Aircraft modification, storage, repair, and
maintenance
P P
Aircraft sales P P P P
Alcohol sales: on-site, off-site, and wine
tasting

SUP SUP SUP SUP
Ambulance base facilities P P P P P
Appliance repairs P P P
Asphalt or concrete manufacture or refining DDR
Assembly or repair of small electrical and
electronic equipment
P P P
Assisted living residential facility SUP
Auction houses P P P P P
Boat building and repair P P
Boiler repair and maintenance P P
Book binding P P P P P
Bottling/canning plants P P P
Breweries, microbrew
(less than 60,000 barrels). A SUP is
required if including tasting rooms

DDR DDR DDR DDR
Breweries, craft
(more than 60,000 barrels, less than 2

DDR DDR DDR DDR
493
41 million barrels). A SUP is required if
including tasting rooms
Breweries, large
(more than 2 million barrels)

DDR DDR
Brick, tile, or terra cotta manufacture DDR DDR
Business furniture, supplies, and equipment
sales
P P P
Cabinet or carpenter shops P P P P
Cafeterias accessory to permitted uses for
the convenience of persons employed on the
premises

P P P P
Carpet, rug, and dry-cleaning plants P P P P
Cement, glass, lime, gypsum, or plaster
manufacture
DDR
Ceramic products P P P P
Children’s day care facility serving more
than 15 children

SUP SUP
Churches SUP SUP SUP SUP SUP Refer to section 16-
162(B)
Coffee shops, cafes P P DDR DDR DDR
Cold storage facilities including agricultural
freezers and ice production and sales
P P P
Commercial and retail uses P DDR DDR DDR Refer to section 16-171 Commercial Cannabis Activities
Cultivation DDR DDR DDR DDR Refer to sections 11-
473 and 16-173
Distribution DDR DDR DDR DDR Refer to sections 11-
473 and 16-173
Manufacturing DDR DDR DDR DDR Refer to sections 11-
473 and 16-173
Retail SUP Refer to sections 11-
473 and 16-173
Testing DDR DDR DDR DDR Refer to sections 11-
473 and 16-173
Commercial recreational and entertainment
uses, such as batting cages, gymnasiums,
boxing gyms, escape rooms, bowling alleys,
skating rinks, and similar recreational uses
as determined by the planning manager

DDR DDR DDR DDR
Computer and business machine sales and
service
P P P
Convenience markets and drugstores P DDR
Corporate training and professional
development facilities including ancillary
outdoor activities

P P P P P
Day care facilities accessory to industrial
uses

DDR DDR DDR
494
42 Day care facilities (over 12 children) as a
principal use

DDR DDR
Distribution, warehousing, and wholesaling P P P P P
Drive-through services SUP SUP SUP
Drop forge industries DDR
Dwelling unit, one per establishment, for
security or management when located on
the premises where such person is
employed in such capacity and accessory to
an industrial use

DDR DDR DDR DDR
Electric motor rebuilding P P P P
Electrical and lighting supply P P
Electronic and computer repair P P P
Emergency shelter for families SUP P
Emergency shelter, permanent SUP P
Emergency shelter, temporary SUP P
Employment agencies P P
Energy generation, distribution, storage, and
support facilities, including electrical and
gas utilities

SUP SUP SUP SUP DDR
Explosives, manufacture or storage DDR
Farmworker housing SUP P P P
Feed sales P P P
Fertilizer manufacture DDR
Firearm and ammunition sales SUP Refer to Chapter 16,
Division 19
Fish smoking, processing, curing, or
canning

DDR DDR
Florists P P
Freight classification yard, including truck
and bus storage and maintenance
DDR P
Furniture manufacture and assembly P P P P
Furniture upholstery shops P P P
Garbage, offal, or dead animal reduction or
dumping
P
Garment manufacturing P P P P
Gas bulk storage, manufacturing, and
distribution of flammable liquids and all
gases
DDR
General office, including legal,
professional, medical, consulting, or similar
P P
Indoor firearm range SUP Refer to Chapter 16,
Division 20
Iron, steel, brass, or copper foundry or
fabrication plant

SUP DDR
Kennels and animal boarding DDR DDR DDR DDR
Kennel day care P P P P
Laboratories, research only P P
495
43 Laundry, commercial P P P P
Light metal fabrication (for example, sheet
metal, wrought iron, and the like)

P P P P
Lumber yards with incidental sales of
building and hardware supplies (outside
storage)

SUP SUP P
Machine shops P P P P
Manufacture and assembly of electrical and
electronic instruments, devices, and
components

P P P P P
Manufacturing and maintenance of electric
neon signs

P P P P
Manufacturing, compounding assembly, or
treatment of articles or merchandise from
prepared materials such as, but not limited
to, canvas, cloth, stones, wood products,
and leather
P P P
Manufacturing, compounding, processing,
packaging, or treatment of food products
such as, but not limited to, bakery, dairy,
fruits and vegetables, and honey
P P P
Marine equipment sales with incidental
repair and service

P P P P
Medical product sales P P P
Medical: hospitals and medical centers SUP
Metals recycling and storage, including
sales

SUP DDR
Mini-warehouses and self-storage facilities SUP SUP SUP SUP Refer to Resolution No. 6446
Mobile home sales and display DDR DDR DDR DDR
Motels, hotels, and convention facilities SUP SUP
Multifamily Residential uses up to 30
dwelling units per acre on parcels identified
in the AHD additive zone, subject to the
provisions in section 16-420
SUP
Off-site non-accessory signs or billboards SUP Refer to section 16- 608(G)
Oilcloth or linoleum manufacture P
Outdoor storage or assembly as a primary
use
SUP
Outdoor storage, incidental/accessory to
uses otherwise permitted

DDR DDR DDR
Paint, oil, shellac, turpentine, and varnish
manufacture
DDR
Paper and pulp manufacture DDR
Pawnshops SUP
Petroleum bulk plants and distribution SUP DDR
Petroleum refining DDR
Photographic studios and services P P P
496
44 Planning mills SUP DDR
Plastic manufacturePP
Plumbing supplyPPP
Printing shop, lithographing, photocopying,
blueprinting, and publishing
PPPPP
Product assembly plants and production
facilities primarily engaged in final or
partial assembling of packaging of
premanufactured, treated, or fabricated
components, materials, or products
PPPPP
Public service uses - communications, fire
and police, water, and other governmental
or public facilities

DDR DDR DDR DDR DDR
Radio or television broadcasting stationPPPPP
Railroad support services SUP DDR
Recycling collection: collection recycling
facility for the acceptance of materials from
the public including a bulk or single-feed
reverse vending machine, a kiosk unit, or a
permanent building

DDR DDR
Recycling mobile unit: mobile recycling
unit used for the collection of recycled
materials including the bins, boxes, or
containers for the collection of recyclable
materials

DDR DDR DDR DDR
Recycling processing facility: processing
facility for ferrous and non-ferrous
materials including the preparation of
material for efficient shipment which
includes baling, briquetting, flattening,
grinding, crushing, mechanical sorting,
shredding, cleaning, and re- manufacturing.

Outdoor bin storage allowed for the
collection of recycled materials

SUP SUP
Refrigeration and air conditioning repair
and service
PPPP
Research and development, experimental or
developmental laboratories
PPPP
Research, development, and clinical
laboratories and uses including associated
incidental and outpatient clinics
P
Restaurants and delicatessensPPP DDR DDR
Rock crusher or distribution of rock, sand,
or gravel
DDR
Sale of building and hardware supplies
within a building
PPPP
Specialized commercial retail centers
oriented toward major transportation
elements such as freeways, expressways,
SUP
497
45 and other major transportation corridors.

Specialized commercial uses include
promotional, discount, factory outlet, and
off-price shopping centers, as well as
centers that are tourist-oriented or oriented
to other specialized markets. Specialized
commercial uses may also include general
commercial uses in special or unique
settings
Stationery and office supplies P P
Supportive housing SUP
Taxidermist P P P
Textiles manufacturing P P P
Trade schools, public and private schools
and colleges, dance, and performing arts
studios

P P DDR
Transitional housing SUP
Vehicle assembly SUP DDR
Vehicle and equipment dismantling and
recycling, including sale of parts and
vehicles
SUP
Vehicle rental agencies DDR DDR DDR
Vehicle repair, including engine overhaul,
body and fender work, transmission,
radiator repair, painting, and upholstering

P P P P
Vehicle service stations SUP SUP SUP SUP DDR
Vehicle storage SUP SUP
Veterinarians with on-site kennels DDR DDR DDR DDR
Veterinarians with no on-site kennels P P P P
Welding shops P P P
Wine production facility SUP P P
Wine tasting with or without cafes SUP SUP SUP
Section 3. Amend OCC Chapter 16, Article III, Division 11, Section 16-173 to read as follows:

SEC. 16-173. DEVELOPMENT DESIGN REVIEW PERMIT REQUIRED FOR SPECIFIC COMMERCIAL CANNABIS ACTIVITIES.
(A) A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the business and research park (BRP) zone, the limited manufacturing (ML) zone, the light manufacturing (M-1) zone, and the heavy manufacturing (M-2) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit. 498
46 (B) A commercial cannabis business for retail uses may be permitted in the business and research park (BRP) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit. (C) A commercial cannabis business for retail uses may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit (SUP). A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit.

Section 4. Article XVI of Chapter 11 of the Oxnard City Code (Oxnard City Code Section 11-450 to 11-496) is hereby amended.

Section 5. This ordinance shall apply to applications for land use approvals that are filed on or after the effective date of this ordinance and to applications for land use approvals that have been filed but have not been accepted as complete as of the effective date of this ordinance.

Section 6. Cumulative Ordinance. Nothing in this Ordinance shall be interpreted to allow any land use which is not expressly listed as permitted or conditionally permitted within the City’s Zoning Code.

Section 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause summary thereof to be published within fifteen calendar (15) days of the adoption and shall post a certified copy of this Ordinance, including for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ______ was first read on _____________, to become effective thirty (30) days thereafter. [Remainder of Page Left Intentionally Blank]
499
47 PASSED AND ADOPTED this ___ day of ______________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
________________________________
John Zaragoza, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephen M. Fischer, City Attorney Rose Chaparro, City Clerk 500
Attachment
C. Legislative Draft of ZTA - Chapters 11 and 16, as amended by Aug. 3, 2023 Staff Report. 501
ARTICLE XVII. COMMERCIAL CANNABIS ACTIVITY
SEC. 11-450. PURPOSE AND INTENT.

It is the purpose and intent of this article to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult-use for persons over the age of 21 as authorized by the Control, Regulate and Tax Adult Use Cannabis Act (“AUMA” or “Proposition 64" enacted by California voters in 2016), while imposing sensible regulations on the use of land to protect the city’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this article to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Oxnard and to enforce rules and regulations consistent with State law. It is the further purpose and intent of this article to require all commercial cannabis operators to obtain and renew annually a permit to operate within the City of Oxnard. Nothing in this article is intended to authorize the possession, use, or provision of cannabis for purposes that violate State or federal law. The provisions of this article are in addition to any other permits, licenses and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approval required under State, city, or other law.

SEC. 11-451. LEGAL AUTHORITY.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter “MAUCRSA”), any subsequent State legislation and/or regulations regarding same, the City of Oxnard is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Oxnard to all commercial cannabis activity.

SEC. 11-452. CANNABIS CULTIVATION AND COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS ARTICLE.

Except as specifically authorized in this article, the commercial cultivation, manufacturemanufacturing, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Cal. Bus. and Prof. Code, Section 26090(e)), of cannabis or cannabis product is expressly prohibited in the City of Oxnard.

SEC. 11-453. COMPLIANCE WITH STATE AND LOCAL LAWS.

It is the responsibility of the owners and operators of a commercial cannabis business to ensure that it is always operating in a manner compliant with all applicable State and local 1 502
laws, and any regulations promulgated thereunder. Nothing in this article shall be construed as authorizing any actions that violate federal, State law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable federal, State and local laws, including the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), and any subsequently enacted State law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the local commercial cannabis business permit. Nothing in this article shall be construed as authorizing any actions that violate federal or State law regarding the operation of a commercial cannabis business.

SEC. 11-454. DEFINITIONS.

When used in this article, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(A) A-LICENSE - A State license issued by the BureauDepartment of Cannabis Control (DCC) for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendationsa valid State issued medical cannabis card.
(B) A-LICENSEE - Any personPerson holding a license for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendationsa state issued medical cannabis card.
(C) APPLICANT - An owner applying for a commercial cannabis business permit pursuant to this article.
(D) BATCH - A specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1) HARVEST BATCH - A specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals and harvested at the same time.
(2) MANUFACTURED CANNABIS BATCH - Either of the following:
(a) An amount of cannabis concentrates or extract that is produced in one production cycle using the same extraction methods and standard operating procedures. (b) An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures. (E) BUREAU - The Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation, or its successor. 2 503
(F) CANNABIS - All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this article, CANNABIS does not mean “industrial hemp” as defined by Cal. Health and Safety Code, Section 11018.5 or Cal. Food and Agricultural Code Section 81000. (GF) CANNABIS ACCESSORIES - The same meaning as in Cal. Health and Safety Code, Section 11018.2.
(H) CANNABIS INNOVATION ZONE - A park or campus which is one contiguous commercial area of land which has many cannabis related businesses grouped together.

Each individual business would be clearly defined, which has a unique entrance and immovable physical barriers between uniquely licensed premises. (IG) CANNABIS CONCENTRATE - Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this article. A cannabis concentrate is not considered food, as defined by Cal. Health and Safety Code, Section 109935, or drug, as defined by Cal. Health and Safety Code, Section 109925. (JH) CANNABIS PRODUCT - A product containing cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health and Safety Code, Section 11362.5 (as the same may be amended from time-to-time) or pursuant to the Adult Use of Cannabis Act. For purposes of this article, “cannabis” does not include industrial hemp as defined by Cal. Food and Agricultural Code, Section 81000, or Cal.

Health and Safety Code, Section 11018.5.
(KI) CANNABIS PRODUCTS - The same meaning as in Cal. Health and Safety Code, Section 11018.1.
(LJ) CANNABIS WASTE - Any material intended for disposal that contains cannabis but is not otherwise considered a hazardous waste. Cannabis waste consisting solely of plant material shall be considered an organic waste as defined in Public Resources Code section 42649.8(d).
(K) CANOPY - The designated area(s) at a licensed premise, except nurseries that will contain mature plants at any point in time.
(1) CANOPY shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries; and
(2) CANOPY may be non contiguous but each unique area included in the total canopy 3 504
calculation shall be separated by an identifiable boundary which include, but are not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds or garden plots; and
(3) If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total CANOPY calculation. (ML) CAREGIVER or PRIMARY CAREGIVER - The same meaning as that term is defined in Cal. Health and Safety Code, Section 11362.7.
(NM) CHILD RESISTANT - Designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly. (ON) CITY - The City of Oxnard including the area within the territorial city limits of the city and such territory outside of the city over which the city council has jurisdiction or control by virtue of any provision of law.
(PO) COMMERCIAL CANNABIS ACTIVITY - Includes the possession, manufacturemanufacturing, distribution, cultivation, processing, storing, laboratory testing, packaging, labeling or transportation of cannabis and cannabis products as provided for in this division.
(QP) COMMERCIAL CANNABIS BUSINESS - Any business or operation which engages in medicinal or adult-use commercial cannabis activity.
(RQ) COMMERCIAL CANNABIS BUSINESS PERMIT - A regulatory permit required to be issued by the City of Oxnard pursuant to this article to a commercial cannabis business and is required before anyby the City of Oxnard prior to commercial cannabis activity may bebeing conducted in the city. Such permit cannot be issued before a Certificate of Occupancy is granted for the location at which the commercial cannabis business will be located. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business’s ongoing compliance with all of the requirements of this article and any regulations adopted by the city governing the commercial cannabis activity at issue.
(SR) CULTIVATION - Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(TS) CULTIVATION SITE - A location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. (UT) CUSTOMER - A natural person 21 years of age or over, or a natural person 18 years of age or older who possesses a physician’s recommendation or aState issued medical marijuanacannabis identification card.
(V) DAY CARE CENTER - The same meaning as in Cal. Health and Safety Code, Section 1596.76.
(WU) DELIVERY - The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer.
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(X) DIRECTOR - The director of the California Department of Consumer Affairs(V) DEPARTMENT OF CANNABIS CONTROL (DCC) - The lead State agency or successor agency responsible for regulating and licensing commercial medicinal and adult use cannabis in California, which is also responsible for licensing retailers, cultivators, distributors, testing laboratories, microbusinesses, and temporary cannabis events. (YW) DISTRIBUTION - The procurement, sale, and transport of cannabis and cannabis products between licensees.
(ZX) DISTRIBUTOR - A personPerson holding a valid commercial cannabis business permit for distribution issued by the City of Oxnard, and, a valid State license for distribution, required by State law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a license manufacturer, for sale to a licensed retailer.
(AAY) DRIED FLOWER - All dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(BBZ) EDIBLE CANNABIS PRODUCT - Cannabis product that is intended to be used, orally, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Cal. Food and Agricultural Code, Division 15 (commencing with Section 32501). An EDIBLE CANNABIS PRODUCT is not considered food, as defined by Cal. Health and Safety Code, Section 109935, or a drug, as defined by Cal Health and Safety Code, Section 109925. For purposes, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as “cannabis concentrate.”
(CCAA) FUND - The Cannabis Control Fund established pursuant to Cal. Bus. and Prof.

Code, Section 26210.
(DDBB) GREENHOUSE - A fully enclosed permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation.
(CC) INDOOR CULTIVATION - The cultivation of cannabis within a permanent structure using exclusively artificial light.
(EEDD) KIND - Applicable type or designation regarding a particular cannabis variant or cannabis product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
(FFEE) LABELING - Any label or other written, printed, or graphic matter upon a cannabis product, upon its container.
(GGFF) LICENSE - A State license issued by the State and includes both an A-license and an M-license, as well as a testing laboratory license.
(HHGG) LICENSEE - Any person holding a license under this article, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
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(IIHH) LICENSING AUTHORITY - The City of Oxnard and/or State agency responsible for the issuance, renewal, or reinstatement of the license, or the City of Oxnard and/or State agency authorized to take disciplinary action against the licensee. (JJII) LIMITED-ACCESS AREA - An area in which cannabis is stored or held and is only accessible to a licensee or permittee and authorized personnel. (KKJJ) LIVE PLANTS - Living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(LLKK) LOCAL JURISDICTION - A city, county or city and county. (MMLL) LOCAL EQUITY APPLICANT - Applicant with at least 40% local ownership. To remain a local equity applicant, a minimum of 40% local ownership must be maintained in the aggregate. Ownership shall not fall below 40% at any time and for the entire periodlife of time in which a local equity applicant has athe commercial cannabis business permit issued by the city. If an applicant does not obtain a commercial cannabis business permit based upon the local equity status, then that applicant shall not be deemed a local equity applicant.
(NNMM) LOCAL OWNERSHIP - Ownership interest(s) held by one or more natural persons who are a resident within the city’s corporate boundaries as of the date the application is submitted and who maintain local residency at all times while their ownership interest(s) are used for qualifying as a local equity applicant for one or more commercial cannabis business permits. A minimum of 40% of cannabis ownership (in the aggregate) is required to be composed of residents of the City of Oxnard for the duration of the commercial cannabis business permit issued to the Local Equity Applicant. Factors used to determine local residency shall include (as applicable) but are not limited to the following: ownership or rental of dwelling unit within the city’s corporate boundaries that is the primary residence; California driver’s license with a residential address within the city’s corporate boundaries that is the primary residence; voter registration at a residential address within the city’s corporate boundaries that is the primary residence; residential address within the city’s corporate boundaries used for filing State and federal income tax returns that is the primary residence; and the natural person does not have a homestead exemption in any jurisdiction other than within the city’s corporate boundaries. LOCAL OWNERSHIPLocal ownership is subject to ongoing verification under penalty of perjury.

Failure to maintain a minimum of 40% local ownership is grounds for revocation of the commercial cannabis business permit..
(OONN) LOT - A batch or a specifically identified portion of a batch. (PPOO) M-LICENSE - A State license issued by the State for commercial cannabis activity involving medicinal cannabis.
(QQPP) M-LICENSEE - Any personPerson holding a license by the State for commercial cannabis activity involving medicinal cannabis.
(RRQQ) MANUFACTURE - To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(SSRR) MANUFACTURED CANNABIS - Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or 6 507
oral ingestion or for topical application.
(TTSS) MANUFACTURER - A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container. (UUTT) MANUFACTURING SITE - A location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of Oxnard and, a valid State license as required for manufacturing of cannabis products. (VVUU) MEDICINAL CANNABIS or MEDICINAL CANNABIS PRODUCT - Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health and Safety Code, Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation. (VV) MIXED-LIGHT CULTIVATION - The cultivation of cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or one of the artificial lighting models, excluding hoop structures. (WW) NONVOLATILE SOLVENT - Any solvent used in the extraction process that is not a volatile solvent. For purposes of this article, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing. (XX) NURSERY - A licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically, for the propagation and cultivation of cannabis. (YY) OPERATION - Any act for which a license is required under the provisions of this article, or any commercial transfer of cannabis or cannabis products. (ZZ(ZZ) OUTDOOR CULTIVATION - The cultivation of cannabis, outside of a structure, without the use of artificial lighting in the canopy area at any point in time. Cultivation within a hoop structure is considered outdoor cultivation. (AAA) OWNER - Any of the following:
(1) A personAn individual with an aggregate ownership interest of 20% or more in the person applying for a license,Person with the commercial cannabis business permit or a licensee, unless the interest is solely a security, lien, or encumbrance. (2) The manager of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the business applying for a license, or who has a financial interest in the business other than a fixed lease of real property.
(AAABBB) PACKAGE - Any container or receptacle used for holding cannabis or cannabis 7 508
products.
(BBBCCC) PATIENT or QUALIFIED PATIENT - The same definition as Cal. Health and Safety Code, Sections 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of Cal. Health and Safety Code, Section 11362.5.10. (CCCDDD) PERSON - Includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(DDDEEE) PERSON WITH AN IDENTIFICATION CARD - The meaning given that term by Cal. Health and Safety Code, Section 11362.7.
(EEE) PHYSICIAN’S RECOMMENDATION - A recommendation by a physician that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health and Safety Code, Section 11362.5. (FFF) PREMISES - The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee unless the operator is granted a M-license and an A-license for the same type of activity and such operation is lawful under stateState and local laws, rules and regulations. (GGG) PROCESSING - A cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufacturednon manufactured cannabis products.
(HHH) PURCHASER - The customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(III) RETAILER - A commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including by an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator who holds both a valid commercial cannabis business permit from the City of Oxnard authorizing the operation of a retailer, and a valid State license as required by State law to operate as a retailer. (JJJ) SELL, SALE, and TO SELL - Include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one personPerson to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(KKK) STATE LICENSE - A permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. (LLL) TESTING LABORATORY - A laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons 8 509
involved in commercial cannabis activity in the State.
(2) Licensed by the State of California.
(MMM) TOPICAL CANNABIS - A product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Cal. Health and Safety Code, Section 109925.
(NNN) TRANSPORT - The transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same.
(OOO) UNIQUE IDENTIFIER - An alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(PPP) VOLATILE SOLVENT - Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

Examples of VOLATILE SOLVENTS include, but are not limited to, butane, hexane, and propane.
(QQQ) YOUTH CENTER - Any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or stateState parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

SEC. 11-455. CANNABIS EMPLOYEE PERMIT REQUIRED.

A request for a cannabis employee permit will only be initiated after securing a favorable recommendation for a commercial cannabis business permit. If an owner has employees at the time of submittal of the commercial cannabis business permit application, a request for a cannabis employee permit can be initiated in advance of issuance of a discretionary land use permit.
(A) Any person who is an employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable State law. (B) Any person who is an employee or who otherwise works within, manages or is an Owner of a commercial cannabis business must obtain a commercial cannabis employee work permit from the city prior to performing any work at any commercial cannabis business.
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(C) Applications for a commercial cannabis employee work permit shall be developed, made available, and processed by the city manager or his or her designee(s), and shall include, but not be limited to, the following information:
(1) Name, address, and phone number of the applicant;
(2) Age and verification of applicant. A copy of a birth certificate, driver’s license, government issued identification card, passport or other proof that the applicant is at least 21 years of age must be submitted with the application; (3) Name, address of the commercial cannabis business where the person will be employed, and the name of the primary manager of that business; (4) A list of any crimes enumerated in Cal. Bus. and Prof. Code, Section 26057(b)(4) for which the applicant or employee has been convicted;
(5) Name, address, and contact person for any previous employers from which the applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing; (6) The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the city manager or his or her designee(s);
(76) A signed statement under penalty of perjury that the information provided is true and correct;
(87) If applicable, verification that the applicant is a qualified patient or primary caregiver;
(98) A fee paid in an amount set by resolution of the city council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is non-refundable and shall not be returned in the event the work permit is denied or revoked.
(D) (1) The applicable city department head or his or her designee(s) shall review the application for completeness, shall conduct a background check to determine whether the applicant was convicted of a crime or left a previous employer for reasons that show the applicant:
(a) Has been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in Cal. Penal Code, Sections 186.11, 470, 484, and 504a; or
(b) Has committed a felony or misdemeanor involving fraud, deceit, embezzlement; or (c) Was convicted of a violent felony, a crime of moral turpitude; or (d) The illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
(2) Discovery of these facts showing that the applicant is dishonest or has been convicted of the requisite crimes are grounds for denial of the permit. Where the applicant’s sentence (including any term of probation, incarceration, or supervised release) for possession of, 10 511
possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is completed, such underlying conviction shall not be the sole ground for denial of a commercial cannabis work permit. Furthermore, an applicant shall not be denied a permit if the denial is based solely on any of the following: (i) a conviction for any crime listed in subsection (D)(1)(d) above for which the applicant has obtained a certificate of rehabilitation pursuant to Cal. Penal Code, Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or (ii) a conviction that was subsequently dismissed pursuant to Cal.

Penal Code, Sections 1203.4, 1203.4a, or 1203.41 or any other provision of State law allowing for dismissal of a conviction.
(E) The applicable department head or his or her designee(s) shall issue the commercial cannabis employee permit or a written denial to the applicant within 30 days of the date the application was deemed complete. In the event the cannabis employee work permit cannot be issued within this time period, then the city manager or his or her designee(s) may issue a temporary work permit for an employee upon completing a preliminary background check and if the business can demonstrate to the city manager or his or her designee(s) that the employee is necessary for the operation of the business. The temporary permit may be immediately revoked by the city manager or his or her designee(s) upon determination that the applicant has failed the background check or upon the issuance of the permanent work permit.
(F) An employee work permit shall be valid for a 1236-month period and must be renewed on an annual basisevery three years. Renewal applications shall contain all the information required in subsection (C) above including the payment of a renewal application fee in an amount to be set by resolution of the city council. (G) In the event a person changes employment from one commercial cannabis business in the city to another, the work permit holder shall notify the applicable department head or his or her designee(s) in writing of the change within ten days, or the work permit shall be suspended or revoked, and such person shall not be permitted to work at any commercial cannabis business in the city.
(H) The city may immediately revoke the commercial cannabis employee permit should the permit holder be convicted of a crime listed in subsection (D) above or if facts become known to the city that the permit holder has engaged in activities showing that he or she has been convicted of a crime involving dishonesty.
(I) The city manager or his or her designee(s) is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements. (J) The applicant may appeal the denial or revocation of a commercial cannabis employee permit by filing a notice of appeal with the city clerk within ten days of the date the applicant received the notice of denial. The city manager or his or her designee shall hear such appeal and his or her decision shall be final and not subject to further appeals. (K) The applicable city department head or his or her designee(s) shall issue a permit in the form of a personal identification card that can be worn in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.

SEC. 11-456. MAXIMUM NUMBER AND TYPE OF AUTHORIZED COMMERCIAL CANNABIS BUSINESSES PERMITTED.
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(A) The number of each type of commercial cannabis business that shall be permitted to operate in the city at any one time shall be as follows:
(1) Cannabis manufacturing - Maximum of eight (8) at any one time, with up to three permits issued to local equity applicants.
(2) Cannabis testing lab - Maximum of one (1) at any one time. (3) Cannabis distributor - Maximum of three (3) at any one time, with up to three permits issued to local equity applicants.
(4) Cannabis retail - Maximum of sixteen (16) at any one time, with up to three permits issued to local equity applicants.
(5) Cannabis cultivation - Maximum of five (5) at any one time. (B) This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city under each category. Nothing in this article creates a mandate that the city council must issue any or all of the commercial cannabis business permits.
(C) Each year following the city manager’s initial award of commercial cannabis business permits, if any, or at any time at the city council’s discretion, the city council may reassess the number of commercial cannabis business permits which are authorized for issuance.

The city council at its discretion, may determine that the number of commercial cannabis business permits should remain the same, or be expanded.

SEC. 11-457. COMMERCIAL CANNABIS BUSINESS PERMIT; APPLICATION PROCEDURE. (A) The city manager or his or her designee shall adopt the procedures to govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permit(s), which shall include or require the city manager to provide detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to each set of review criteria (“review criteria”). The city manager or his or her designee(s) shall be authorized to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes, solicit applications, and conduct initial evaluations of the applicants. (B) At the time of filing, each applicant shall pay an application fee established by resolution of the city council, to cover all costs incurred by the city in the application process.
(C) After the initial review, ranking, and scoring under the review criteria, the city manager or his or her designee(s) will make a final determination in accordance with this section and shall either deny or approve the final candidates and shall select the top candidates in each category of the commercial cannabis businesses. Notwithstanding anything in this article to the contrary, the city manager’s decision as to the selection of the prevailing candidates shall be final and shall not be subject to appeal. (D) Official issuance of the commercial cannabis business permit(s) is conditioned upon the prevailing candidate(s) obtaining all required land use approvals and completing to the city’s satisfaction all conditions of approval required for the site to be issued a certificate of 12 513
occupancy and commercial cannabis business business permit.. Following the city manager’s selection of the personPerson who shall be issued a commercial cannabis business permit, the prevailing candidate(s) shall apply to the city’s community development department to obtain required land use approvals or entitlements for thepursuant to Section 16-163. A special use permit (SUP) or a development design review (DDR) permit shall be required prior to the issuance of building permits. The SUP and DDR shall expire one year after issuance if the applicant has not diligently pursued obtaining the necessary building permits and complying with the conditions of approval needed for the business to open at the approved location. The permittee’s location and use approvals shall include compliance with all applicable provisions of the California Environmental Quality Act. The community development director shall formally issue the commercial cannabis business permit(s) once the community development director or his or her designee(s) affirms that all of the required land use approvals have been obtained and all required conditions of approval have been complied with.
(E) Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a term of 12 months and shall expire at the end of the 12- month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a commercial cannabis business permit, unless all of the State and local laws and regulations, including but not limited to the requirements of this article and of the permit, have been complied with.
(F) Notwithstanding anything in this article to the contrary, the city manager reserves the right to reject any or all applications if the city manager determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit’s term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the city council may terminate or delay the program created under this article. (G) If an application is denied, a new application may not be filed for one year from the date of the denial.
(H) Each personPerson granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the city council, to cover the costs of administering the commercial cannabis business permit program created in this article.
(I) Preservation of rights. The city reserves the right to reject any or all applications. Prior to permit issuance by the city council, the city may also modify, postpone, or cancel any request for applications, or the entire program under this article, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under State law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this article, may be cancelledcanceled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to possible rejection for failure to comply with other requirements in this article, an applicant also risks being rejected for any of the following reasons:
(1) Proposal received after designated time and date.
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(2) Proposal not containing the required elements, exhibits, nor organized in the required format.
(3) Proposal considered not fully responsive to the request for permit application.

SEC. 11-458. PERSONS PROHIBITED FROM HOLDING A LICENSE OR EMPLOYEE WORK PERMIT.

Any person who has been issued any of the following actions or notices for non-compliance, shall be prohibited from holding a commercial cannabis business permit in the city, with such actions or notices also grounds for denial of a commercial cannabis business permit:
(A) The applicant has been denied a license or has had a license suspended or revoked by any city, county, city and county or any other State cannabis licensing authority; (B) The applicant was notified that they were conducting commercial cannabis activity in non-compliance with this chapter 11 or other City of Oxnard ordinances, codes or requirements in which they failed to discontinue operating in a timely manner; (C) Evidence that the applicant was in non-compliance of properly paying federal, State or local taxes and/or fees when notified by the appropriate agencies; (D) The applicant was conducting commercial cannabis activity in the city in violation of local and State law.

SEC. 11-459. EXPIRATION OF COMMERCIAL CANNABIS BUSINESS PERMITS.

Each commercial cannabis business permit issued pursuant to this article shall expire 12 months after the date of its issuance. Commercial cannabis business permits may be renewed as provided in section 11-461.

SEC. 11-460. REVOCATION OF PERMITS.

Commercial cannabis business permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to any policy, procedure or regulation in this article.

SEC. 11-461. RENEWAL APPLICATIONSOF COMMERCIAL CANNABIS BUSINESS PERMITS. (A) An application for renewal of a commercial cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit. (B) The renewal application shall contain all thethe current owner and employee information, copy of the owner’s State license, the city business tax certificate, and such other information as required for new applicationsby the city. (C) The applicant shall pay a regulatory compliance fee in an amount to be set by the city council to cover the costs of processing the renewal permit application, together with any 14 515
costsresolution. The regulatory compliance fee shall not exceed the reasonable cost incurred by the city to administer the program created underby this article. The applicant shall pay this annual fee, at the time of renewal, on a yearly basis. (D) An application for renewal of a commercial cannabis business permit may be rejected if any of the following exists:
(1) The application is filed less than 60 days before its expiration. (2) The commercial cannabis business permit is suspended or revoked at the time of the application.
(3) The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application. (4) The commercial cannabis business has failed to conform to the requirements of this article, or of any regulations adopted pursuant to this article. (5) The permittee fails or is unable to renew its State of California license. (6) If the city or State has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this article, of the city ordinance, or of the State rules and regulations, and the city or State has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit. (E) The city manager or his or her designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the city manager or his or her designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the city manager or his or her designee(s) shall be handled pursuant to sectionsSections 11-464 to 11-465.
(F) If a renewal application is rejected, a personPerson may file a new application pursuant to this article no sooner than one year from the date of the rejection.

SEC. 11-462. EFFECT OF STATE LICENSE SUSPENSION, REVOCATION, OR TERMINATION.

Suspension of a license issued by the State, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the State, or its respective department or division, reinstates or reissues the State license. Should the State, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Oxnard.

SEC. 11-463. APPEALS.

Unless specifically provided elsewhere to the contrary, whenever an appeal is specifically provided for in this article, the appeal shall be conducted as prescribed in this article. 15 516
SEC. 11-464. WRITTEN REQUEST FOR APPEAL OF DECISION OF CITY MANAGER OR PLANNING COMMISSION.
(A) Within ten calendar days after the date of a decision of the city manager or his or her designee(s) to revoke, or suspend, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.
(B) Within ten eighteen calendar days after the date of a decision of the planning commission to approve a special use permit pursuant to this article, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.
(C) At the time of filing, the appellant shall pay the designated appeal fee in an amount, established by resolution of the city council.
(D) Appeals shall be conducted in accordance with Section 16-465.

SEC. 11-465. APPEAL HEARING.
(A) Upon receipt of the written appeal pursuant to sectionSection 11-464, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city.
(B) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than 90 days from the date of such filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing. (C) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The decision of the city council shall be final.

SEC. 11-466. APPEAL FROMOF DECISION OF COMMUNITY DEVELOPMENT DIRECTOR. (A) Within ten calendar days after the date of a decision of the community developer director pursuant to this article, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper. At the time of filing, the appellant shall pay the designated appeal fee, established by resolution of the city council.
(B) Upon receipt of the written appeal pursuant to subsection (A), the city clerk shall set the matter for a hearing before the planning commission. The planning commission shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. The appeal shall be held within a reasonable time after filing the appeal, but in no event later than 90 days from the date of such filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing. 16 517
(C) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The decision of the planning commission shall be final.

SEC. 11-467. CHANGE IN LOCATION; UPDATED REGISTRATION FORM.

Any time the location of a commercial cannabis business or retailer specified in the regulatory permit is proposed to be changed, the applicant shall be required to first secure a new commercial cannabis business permit, and discretionary land use permit for the new location before moving to that location, with such approvals subject to terminating the commercial cannabis business permit at the existing location so there is no net increase in the number of cannabis business permits issued within the city. The process and the fees shall be the same as for a new facility and in accordance with the regulations specified in this article. No proposed change in location shall be considered until such time as the original location has first been opened for business for a minimum of one year consistent with the requirement of the city’s regulations.

SEC. 11-468. TRANSFER OF CANNABIS BUSINESS PERMIT.
(A) The holder of a cannabis business permit shall not transfer ownership or control of the permit to another person unless and until the transferee obtains an amendment to the permit from the city manager or his or her designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager or his or her designee in accordance with all provisions of this article (as though the transferee were applying for an original cannabis business permit) accompanied by a transfer fee in an amount set by resolution of the city council (or if not set, shall be the same amount as the application fee), and the city manager or his or her designee determines, after hearing, in accordance with this section that the transferee passed the background check required for permittees and meets all other requirements of this article. The decision of the city manager is final. For the purposes of this subsection (A) “control” shall be deemed to be the aggregate transfer of 40% or more of the ownership of the permit.
(B) Commercial cannabis business permits issued through the grant of a transfer by the city manager or his or her designee shall be valid for a period of one year beginning on the day the city manager or his or her designee approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit in the manner required by this article.
(C) Changes in ownership of a permittee business structure or a substantial change in the ownership of a permittee business entity (i.e., changes that result in a cumulative change of more than 5140% of the original ownership) must be approved by the city manager or his or her designee through the transfer process contained in subsection (A).

Failure to comply with this provision is grounds for permit revocation. (D) (1) A permittee may change the form of business entity without applying to the city manager or his or her designee for a transfer of permit, provided that either:
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(a) Thethe membership of the new business entity is substantially similar to original permit holder business entity (at least 5160% of the membership is identical), or (b) If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA provided that the board of directors (or in the case of an unincorporated association, the individual(s) listed on the city permit application) of the original permittee entity are the same as the new business entity.
(2) Although a transfer is not required in these two circumstances, the The permit holder is required toshall notify the city manager in writing of the change within ten days of the change. Failure to comply with this provision is grounds for permit revocation. (E) No commercial cannabis business permit may be transferred when the city manager or his or her designee has notified the permittee that the permit has been or may be suspended or revoked.
(F) Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.
(G) Notwithstanding any language in this section to the contrary, no transfer of a local equity ownership interest in a business that obtained its commercial cannabis business permit as a local equity applicant shall be allowed if such proposed transfer would reduce the local equity interest in the commercial cannabis business to a level below that required for a local equity applicant.

SEC. 11-469. CITY BUSINESS TAX CERTIFICATE.

Prior to commencing operations, a commercial cannabis business shall obtain a City of Oxnard business tax certificate, pursuant to article I.

SEC. 11-470. BUILDING PERMITS AND INSPECTION.

Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the fire department approvals, health department approvals and other zoning and discretionary land use permit(s) and approvals.

SEC. 11-471. CERTIFICATION FROM THE COMMUNITY DEVELOPMENT DIRECTOR.

Prior to submittal of a commercial cannabis business permit application, a certification, the applicant shall obtain a zoning clearance (ZC) and zoning verification letter (ZVL) from the community development director or his or her designee(s) certifying that the business is located on a site that meets all of the requirements of chapter 16 and this article shall be obtained. A fee shall be established by city council resolution for submittal and processing 18 519
of this certification.

SEC. 11-472. RIGHT TO OCCUPY AND TO USE PROPERTY.
(A) As a condition precedent to the city’s issuance of a commercial cannabis business permit pursuant to this article, any personPerson intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property acknowledging that the property owner has read this article and consents to the operation of the commercial cannabis business on the owner’s property.
(B) The lease, sublease or other agreement to occupy the property must be at fair market value and not have any terms or conditions for the permittee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the city. In addition, all leases, subleases, or other agreements must be based on a monthly rate.

SEC. 11-473. LOCATION AND DESIGN OF CANNABIS BUSINESSES.

Specific types of commercial cannabis businesses are subject to the following zoning and locational requirements:
(A) All cannabis manufacturing, testing, and distribution businesses have been conceptually identified on land use maps, with actual siting subject to land use siting criteria and buffer requirements stipulated in this article. Manufacturing, testing, and distribution facilities are conceptually permitted on property must be located on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP), as well as auto sales and service, business park, and commercial manufacturing zones within the Rose Santa Clara Corridor Specific Plan.

Manufacturing, testing, and/or distribution facilities may also be located in the following specific plan areas subject to relevant specific plan requirements: Northeast Community Specific Plan, Sakioka Farms, Camino Real Business Park, McInnes Ranch Business Park Specific Plan, and Northfield Seagate Business Park Specific Plan. (B) Cultivation is conceptually permitted on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP). Cultivation may also be located in the following areas subject to relevant specific plan requirements:

Sakioka Farms Business Park Specific Plan; McInnes Ranch Business Park Specific Plan; Arcturus Ave.; Northfield & Seagate Business Park Specific Plan; Channel Island Business Center; and Statham Business Park.
(BC) All cannabis retail dispensary businesses have been conceptually identified on land use maps, with actual siting subject to land use siting criteria and buffer requirements as stipulated in this subsection (BC). Retailers are conceptually permitted in property zoned neighborhood shopping center (C-l), neighborhood shopping center planned development (C-l-PD), general commercial (C-2), general commercial planned development (C-2-PD), coastal neighborhood commercial (CNC), and commercial planned development (CPD), 19 520
business park, retail commercial, and commercial manufacturing zones within the Rose Santa Clara Corridor Specific Plan. Retail dispensaries may also be located in the following specific plan areas subject to relevant specific plan requirements: RiverPark - commercial office, commercial convention, and commercial regional, Sakioka Farms, and Camino Real Business Park.
(CD) Compliance with any specific plan requirements.
(DE) The property on which any commercial cannabis business is located must also meet all of the following distance requirements:
(1) It shall be no closer than 600 feet of any of the following:
(a) Any school providing instruction in kindergarten or any grades 1 through 12, whether public, private, or charter, including pre-school, transitional kindergarten, and K-12.
(b) A commercial daycare center licensed by the city or county that is in existence at the time the license is issued, unless the State licensing authority or the city specifies a different radius.
(c) A youth center that is in existence at the time the license is issued, unless the State licensing authority or the city specifies a different radius. (2) The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the identified use to the closest property line of the lot on which the cannabis use is located without regard to intervening structures. (EF) Each proposed commercial cannabis business use shall:
(1) Conform with the city’s general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning, and specific plan requirements, and related development standards.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection (sprinkler and alarm; retrofit when determined necessary by the fire marshal) and storm drainage facilities for the intended purpose.

SEC. 11-474. LIMITATIONS ON CITY’S LIABILITY.

To the fullest extent permitted by law, the City of Oxnard shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this article or otherwise approving the operation of any commercial cannabis business. 20 521
As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:
(A) They must execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Oxnard and its officers, officials, employees, representatives, and agents harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the city’s issuance of the commercial cannabis business permit, the city’s decision to approve the operation of the commercial cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, State or local laws by the commercial cannabis business or any of its officers, employees or agents.
(B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city manager. (C) Reimburse the City of Oxnard for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of Oxnard may be required to pay as a result of any legal challenge related to the city’s approval of the applicant’s commercial cannabis business permit, or related to the city’s approval of a commercial cannabis activity. The City of Oxnard may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

SEC. 11-475. [RESERVED] CANNABIS DELIVERY FROM OUTSIDE THE CITY. (A) Cannabis delivery from outside the city is only allowed from state licensed operators who meets the following requirements:
(1) First obtain an Oxnard Business Tax Certificate;
(2) Provide the City with a copy of the State license issued by the Department of Cannabis Control that authorizes such deliveries; and
(3) During delivery into the city, the delivery driver from the state licensed operator displays the following information in each delivery vehicle at all times: (a) A copy of a City of Oxnard Business Tax Certificate.
(b) A copy of a State license issued by the Department of Cannabis Control. (B) Cannabis deliveries from within the city are only allowed from city licensed commercial cannabis retailers.

SEC. 11-476. RECORDS AND RECORDKEEPING.
(A) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this article), or at any time upon reasonable request of the city, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include 21 522
gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the city a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the city manager or his or her designee(s).
(B) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the city manager or his or her designee(s) upon a reasonable request.
(C) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA.
(D) Each commercial cannabis business shall allow the city to have access to the businesses books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the city’s request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city’s software and hardware.

SEC. 11-477. OPERATIONAL STANDARDS.
(A) A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the city manager or his or her designee(s), these security measures shall include, but shall not be limited to, all of the following and are considered in addition to the best practices identified in the guidelines for issuance of a cannabis business permit and/or conditions imposed as part of the discretionary land use permit approval:
(1) Alarm system (perimeter, fire, and panic buttons).
(2) Remote monitoring of alarm systems by licensed security professionals and first responders (Knox box, etc.).
(3) Perimeter lighting systems (including motion sensors) for after-hours security. (4) Perimeter security and lighting as approved by the police chief, community development department or his or her designee.
(5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.
(6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
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(7) Plan for cash handling as relevant to manufacturing, testing, and distribution operations.
(8) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
(9) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weatherproof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the city manager or his or her designee(s), and that it is compatible with the city’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the city manager or his or her designee(s).

Video recordings shall be maintained for a minimum of 90 days and shall be made available to the city manager or his or her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business, and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Oxnard police department by the commercial cannabis business, to facilitate remote monitoring of security cameras by the department or its designee.
(10) Sensors shall be installed to detect entry and exit from all secure areas, and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(11) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to Oxnard police department dispatch, and shall be configured to immediately alert dispatch for the Oxnard police department.
(12) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.
(13) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building. (14) Security personnel shall monitor premises in accordance with a security plan as authorized by the city manager or his or her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his or her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the police chief.
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(15) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (16) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the commercial cannabis business; or (b) a licensed security professional.
(17) Each commercial cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
(18) Each commercial cannabis business shall demonstrate to the police chief, city manager or their designees compliance with the State’s track and trace system for cannabis and cannabis products, as soon as it is operational.
(19) Each commercial cannabis business shall have state of the art network security protocols in place to protect computer information and all digital data. (20) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (B) Each commercial cannabis business shall identify a designated security representative/liaison to the City of Oxnard, who shall be reasonably available to meet with the city manager or his or her designee(s) regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the city manager or his or her designee upon request that meets the following requirements:
(1) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
(2) Identifies all managers of the commercial cannabis business and their contact phone numbers.
(3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(5) Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the commercial cannabis business, the parking lot, and any adjacent property under the business’s control. (6) Confirm that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these area are: (a) free of individuals loitering or causing a disturbance; (b) are cleared of employees and their vehicles one-half hour after closing.
(C) As part of the application and permitting process, each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis 24 525
products, and any currency.
(D) The commercial cannabis business shall cooperate with the city whenever the city manager or his or her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this article. Prevention fire inspectors shall be allowed access to audit buildings for fire life safety concerns on a yearly basis or as determined necessary per the fire marshal. (E) A commercial cannabis business shall notify the city manager or his or her designee(s) within 24 hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager or his or her designee(s). (2) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business. (3) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business. (4) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the city manager or his or her designee prior to commencing business operations. The city manager or his or her designee may supplement these security requirements once operations begin, subject to review by the city manager if requested by the business owner.

SEC. 11-478. RESTRICTION ON ALCOHOL AND TOBACCO SALES.
(A) No personPerson shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business. (B) No personPerson shall cause or permit the sale or tobacco products on or about the premises of the commercial cannabis business.

SEC. 11-479. FEES AND CHARGES.
(A) No personPerson may commence or continue any commercial cannabis activity in the city without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the city council which may be amended from time to time.
(B) All commercial cannabis businesses authorized to operate under this article shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State and local law. Each commercial cannabis business shall cooperate with the city with respect to any reasonable request to audit the commercial cannabis business’s books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
(C) Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into an operational agreement with the 25 526
city setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

SEC. 11-480. MISCELLANEOUS OPERATING REQUIREMENTS.
(A) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the city and/or as determined within the discretionary land use permit.
(B) Restriction on consumption - Cannabis shall not be consumed by any employee on the premises of any commercial cannabis business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (D) Reporting and tracking of product and of gross sales - Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager or his or her designee(s) prior to being used by the permittee.
(E) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
(F) Emergency contact and emergency response plan - Each commercial cannabis business shall provide the city manager or his or her designee(s) with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Each commercial cannabis business must have a fire evacuation plans, and plan to address robberies and other emergencies. Said plan shall be reviewed and approved by the fire and police chiefs or designee.
(G) Signage and notices -
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of Oxnard regulations, including, but not limited to, seeking the issuance of a city sign permit.
(2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
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(3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
(4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.
(5) (5) Signage shall notmay be directlyinternally illuminated, internally or externally illuminated with directed and shielded downward facing lighting consistent with city regulations and the conditions of approval. All signs shall conform with Section 16-595.

Signage shall not feature exposed elements.
(6)No banners (with the exception of permitted Grand-Opening Banners), flags, billboards or other prohibited signs may be used at any time. (H) Minors -
(1) Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this article for any personPerson to employ any person at a commercial cannabis business who is not at least 21 years of age. (2) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the commercial cannabis business, unless otherwise authorized by state law.
(I) Odor control - Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the community development director or his or her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the commercial cannabis businesses interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. (J) Display of permit and city business tax certificate - The original copy of the commercial cannabis business permit issued by the city pursuant to this article and the city issued 27 528
business licensetax certificate shall be posted inside the commercial cannabis business in a location readily-visible to the public.
(K) Background check - Pursuant to Cal. Penal Code, Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee or who otherwise works in a commercial cannabis business must submit fingerprints and other information deemed necessary by the police chief or his or her designee(s) for a background check by the City of Oxnard police department. Pursuant to Cal. Penal Code, Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no personPerson shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the police chief or his or her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Oxnard to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.
(L) Loitering - The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises.

SEC. 11-481. OTHER OPERATIONAL REQUIREMENTS.

The city manager or his or her designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. Minor changes may occur to the approved conditions of the special use permit (SUP) or a development design review (DDR) permit pursuant to Section 16-560.

SEC. 11-482. OPERATING REQUIREMENTS FOR TESTING LABSLABORATORIES. (A) Testing labs laboratories shall be required to conduct all testing in a manner pursuant to Cal. Bus. and Prof. Code, Section 26100 and shall be subject to State and local law. Each testing laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under this article and any subsequent State of California legislation regarding the same.
(B) Testing laboratories shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
(C) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau Department of Cannabis Control. (D) Testing laboratories shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the BureauDepartment of 28 529
Cannabis Control unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau of Cannabis Control.
(E) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by State law and that the testing laboratory employee transports the sample to the testing laboratory.
(F) Except as provided by State law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with State law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
(G) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing laboratory shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.
(H) Approval of testing laboratories shall be through approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard. The appeal of the approval or denial of such permit shall be to the planning commission pursuant to sectionSection 11-466.

SEC. 11-483. OPERATING REQUIREMENTS FOR DISTRIBUTORS.
(A) A distributor shall not store non-cannabis goods or non-cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non-cannabis goods or non-cannabis accessories at a licensed premises. For the purposes of this section, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Cal. Code of Regulations, Title 16, Section 5000. (B) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing. (C) A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises. (D) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of State law, specifically the testing provisions within the California Code of Regulations.
(E) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded and the recording kept available to State and local authorities for a 29 530
minimum of 180 days, pursuant to Cal. Code of Regulations, Title 16, Section 5305. (F) A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing laboratory as being in compliance with state health and safety requirements pursuant to Cal. Code of Regulations, Sections 5705, 5710 and 5714 of Title 16.
(G) Approving of distributor shall be through the approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard. The appeal of the approval or denial of such permit shall be to the planning commission pursuant to sectionSection 11-466.

SEC. 11-484. OPERATING REQUIREMENTS FOR CANNABIS MANUFACTURING: EDIBLES AND OTHER CANNABIS PRODUCTS; SALE OR DISTRIBUTION OF EDIBLE AND OTHER CANNABIS PRODUCTS.
(A) Cannabis manufacturing facilities requiring a type-6, type-7, type S, or any subsequent created manufacturing State license (using non-volatile and volatile solvents) as defined in MAUCRSA, may be permitted to operate within those zone districts as defined in the City of Oxnard code.
(B) Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Oxnard in containers that exceeds the amount which is approved by the Oxnard fire department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of compressed gas tanks allowed on the property at any one time, as determined by the Oxnard fire department.
(C) Cannabis manufacturing facilities may use the hydrocarbons N-butane, isobutane, ethanol, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the community development department. These solvents must be of at least 99% purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
(D) If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use. The CO2 must be of at least 99% purity.
(E) Closed loop systems for compressed gas extraction systems must be used and must be commercially manufactured and bear a permanently affixed and visible serial number. (F) Certification from an engineer licensed by the State of California, or from a State certified professional engineer or state certified industrial hygienist from another state, must be provided to the community development department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
30 531
(1) The American Society of Mechanical Engineers (ASME); (2) American National Standards Institute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Society for Testing and Materials (ASTM). (G) The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified. (H) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Oxnard fire department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.
(I) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
(J) Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
(K) Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
(L) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. (M) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested. (N) Approval of manufacturing facilities shall be through approval of a development design review (DDR) permit to be issued by the community development director of the City of Oxnard. The appeal of the approval or denial of such permit shall be to the planning commission pursuant to sectionSection 11-466.

SEC. 11-485. OPERATING REQUIREMENTS FOR STORE FRONT/RETAIL FACILITIES. (A) No more than the number of cannabis retailers authorized by sectionSection 11-456 shall operate within the City of Oxnard at any one time. (B) Approval of retail dispensaries shall be through approval of a special use permit to be issued by the planning commission pursuant to Section 16-531. The appeal of the approval or denial of such special use permit shall be to the city council pursuant to sections 11-464 and 11-465.
(C) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the potential customer is 18 to 20 31 532
years old, retailer shall confirm the customer’s possession of a valid doctor’s recommendation and state- issued medical marijuanacannabis card. Persons 18 to 20 years old who are unable to produce either form of medicalthe necessary documentation cannot purchase cannabis legally and are to be denied admittance to the retail facility. For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(D) Entrances into the retailer shall be locked at all times with entry strictly controlled. A “buzz-in” electronic/mechanical entry system shall be utilized to limit access to and entry to the retail area to separate it from the reception/lobby area. Individuals must show their government-issued identification, and, in the case of or a medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Cal. Health and Safety Code, Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point of sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
(E) Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities.

Security personnel may be allowed to carry firearms if authorized by the police chief. (F) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer.

Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(G) All restroom facilities shall remain locked and under the control of management. (H) Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this subsection.
(1) The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retailer shall be contained in child-resistant packaging. (5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Cal.

Bus. and Prof. Code, Chapters 11.4 and 11.5 of Division 3. 32 533
(I) Access to retailer premises -
(1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age.
(2) Notwithstanding subsection (I)(1) above, individuals who are at least 18 years of age and in possession of a valid physician’s recommendation or state- issued medical marijuanacannabis card shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation.
(J) Authorized sales - A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendationstate issued cannabis card. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
(K) Limited access areas - A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the police chief or the development services director upon request. (L) Operating hours of the store front retailer license shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week or a reduced duration as stipulated through the discretionary land use permit.
(M) Parking requirements shall be in accordance with chapter 16, article X of the Oxnard city code - 1 parking space per 250 square feet or as stipulated in a city traffic engineer approved parking study via a request for administrative parking relief pursuant to Section 16-651. Commercial cannabis retail businesses proposed to be located within the Downtown Specific Plan area may pay a downtown parking management in-lieu fee to meet off-street parking requirements.
(N) Store front/retailRetail security requirements. All security measures required by section 11-477 (operational standards) are directly applicable to and binding on all commercial cannabis businesses, including all retailers.

SEC. 11-486. OPERATING REQUIREMENTS FOR RETAILERS WITH DELIVERY SERVICE. (A) Retailers located within the city that provide delivery are required to verify the age and the necessary documentation of each medical customer to ensure the customer is not under the age of 18 years, and to verify that the potential customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail locationstate issued cannabis card. The age verification requirement applies to both the customer and any person accepting delivery on behalf of the customer. If the latter, the individual must be at least 21 years of age.
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(B) Operating hours of the non-store front retailer shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week or a reduced duration as stipulated through the discretionary land use permit.
(C) The non-store front retailer shall only sell cannabis or cannabis products to a natural person 21 years of age or older, or a natural person 18 years of age or older who possesses a physician’s recommendation for cannabis medical use only, or a cannabis card issued pursuant to Cal. Health and Safety Code Section 11362.71. (D) The non-store front retailer may only have on-site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale.

SEC. 11-487. NON-STORE FRONT RETAILER VEHICLE REQUIREMENTS.

Prior to commencing operations, a non-store front retailer shall provide the following information to the city.
(A) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis productsProducts.
(BC) The year, make, model, color, license plate number, and vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis or cannabis productsProducts.
(CD) Proof of insurance as required in section 11-474(B) for any and all vehicles being used to deliver cannabis or cannabis productsProducts.
(DE) The licensee shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis and/or cannabis productsProducts prior to using the vehicle to deliver cannabis and/or cannabis productsProducts.
(EF) The commercialCommercial cannabis businessBusiness shall provide the city with any changes to the information required by this section in writing within 30 calendar days. (G) Delivery of cannabis products originating from the City of Oxnard are not authorized except from a retailer who has obtained both the necessary city and State permits and is in full compliance with this Section.

SEC. 11-487. OPERATING REQUIREMENTS FOR CULTIVATORS.
(A) No more than the number of cannabis cultivators authorized by Section 11-456 shall operate within the city at any one time.
(B) Approval of cultivation facilities shall be through approval of a development design review (DDR) permit to be issued by the Community Development Director of the city. The appeal of the approval or denial of such permit shall be to the Planning Commission pursuant to Section 11-466.
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(C) All commercial Outdoor Cultivation and Mixed-Light Cultivation of cannabis and nursery activity within the city is prohibited. It is hereby declared to be unlawful and a public nuisance for any Person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Oxnard to cause or allow such parcel to be used for the commercial outdoor cultivation of cannabis. (D) The commercial cultivation of cannabis must occur indoors in an approved indoor cultivation facility with a valid commercial cannabis business permit from the city under this Chapter.
(E) In no case shall cannabis plants be visible from the exterior of the building. (F) From a public right-of-way, there shall be no exterior evidence of commercial cannabis cultivation except for any signage authorized by the city. All signs shall conform with Section 16-595.
(G) Any pesticides and/or fertilizers used at the cultivation site shall be properly labeled and stored in accordance with Fire Dept. and City regulations to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (H) A commercial cannabis cultivation licensee shall comply with all applicable federal, State and local laws and regulations regarding use and disposal of pesticides and fertilizers. (I) Each commercial cannabis cultivation licensee shall submit the following in addition to the information required to secure approval of a commercial cannabis business permit:
(1) A cultivation and operations plan shall be submitted for City review and approval which will identify the type(s) of cannabis plant to be grown (species/strain), cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
(2) A monthly and yearly projected water usage plan. The plan shall include water conservation and recycling measures for capture and reuse of on site water, water treatment plan and wastewater discharge plan. Said plan shall be reviewed and approved by the City.

Every attempt should be made by the licensee to connect to the City’s recycled water line when feasible.
(3) An energy usage and conservation plan which identifies the sources of power, projected monthly and yearly usage, and efficiency plan, including use of on site renewables.
(4) Neighborhood compatibility plan which shall address odor security, safety, and other compatibility issues which may derive from the cultivation site and as requested by the City.
(5) Floor plan identifying the location, dimensions, and boundaries of all proposed canopy areas taking into account space needed for ongoing care of plants and a description of the proposed method of physically delineating those boundaries at the 35 536
site.
(J) A permittee shall only be allowed to cultivate the square feet of canopy space permitted by State law and in the Commercial Cannabis Business Permit issued by the city for the premises.

SEC. 11-488. PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES.
(A) In addition to any regulations adopted by the city council, the city manager or his or her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this article.
(B) Regulations shall be published on the city’s website. (C) Regulations promulgated by the city manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all stateState and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager or his or her designee. (D) Testing laboratories, distribution facilities and special events shall be subject to State law and shall be subject to additional regulations as determined from time to time as more regulations are developed pursuant to this section and any subsequent State of California legislation regarding the same.

SEC. 11-489. COMMUNITY RELATIONS.
(A) Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within 600 feet of the commercial cannabis business.
(B) During the first year of operation pursuant to this article, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this article shall attend quarterly meetings with the city manager or his or her designee(s), and other interested parties as deemed appropriate by the city manager or his or her designee(s), to discuss costs, benefits, and other community issues arising as a result of implementation of this article. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or his or her designee(s) when and as requested by the city manager or his or her designee(s). (C) Commercial cannabis businesses to which a permit is issued pursuant to this article shall describe benefits that the cannabis business would provide to the local community, such as community contributions, volunteer services and/or economic incentives, stated in the Community Benefits Agreement.
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SEC. 11-490. PERMIT HOLDER RESPONSIBLE FOR VIOLATIONS.

The person to whom a commercial cannabis business permit is issued pursuant to this article shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Oxnard. whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence.

SEC. 11-491. INSPECTION AND ENFORCEMENT.
(A) The city manager, or his or her designee(s) charged with enforcing the provisions of the City of Oxnard code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this article or under applicable provisions of State law. (B) It is unlawful for any personPerson having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this article or under State or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this article or under State or local law. (C) The city manager, or his or her designee(s) charged with enforcing the provisions of this article may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of Oxnard shall be logged, recorded, and maintained in accordance with established procedures by the City of Oxnard city manager or these regulations.

SEC. 11-492. COMPLIANCE WITH STATE REGULATIONS.

It is the stated intent of this article to regulate commercial cannabis activity in the City of Oxnard in compliance with all provisions MAUCRSA and any subsequent State legislation.

SEC. 11-493. VIOLATIONS DECLARED A PUBLIC NUISANCE.

Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

SEC. 11-494. EACH VIOLATION A SEPARATE OFFENSE.

Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Oxnard. 37 538
Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity.

The City of Oxnard may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his or her designee(s), may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the city manager, or his or her designee(s).

SEC. 11-495. CRIMINAL PENALTIES.

Each and every violation of the provisions of this article may at the discretion of the district attorney or city attorney be prosecuted as an infraction or misdemeanor and upon conviction be subject to imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment. Each commercial cannabis business may be cited for any violation of any law and/or any rule, regulation and/or standard adoption pursuant to this article. A fine not to exceed $10,000 for the first violation, $15,000 for the second violation and revocation of the permit for a period of two years after which time the business operator would have to reapply. The fine for operating an unlicensed and/or unpermitted commercial cannabis business shall be $30,000 per day and the issuance of a notice to appear in court. Each day a violation is committed or permitted to continue shall constitute a separate offense. At the discretion of the city manager or his or her designee, higher or lower fines or penalties may be recommended based on the facts of individual cases where generally supported by aggravating or mitigating circumstances. Aggravating factors may include, but are not limited to: prior disciplinary history, nature and severity of the act(s), violations, offenses, or crime(s) under consideration, actual or potential harm to the public, actual or potential harm to any consumer, prior warning letters, licensee involvement, premises in high crime area, lack of cooperation by licensee in investigation, appearance and actual age of minor, continuing course or pattern of conduct. Mitigating factors may include, but are not limited to: length of licensure at subject location without prior discipline problems, positive action by licensee to correct problem, documented training of licensee and employees and cooperation by licensee in investigation.

SEC. 11-496. REMEDIES CUMULATIVE AND NOT EXCLUSIVE.

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

SEC. 16-163. INDUSTRIAL LAND USES BY ZONE: INDUSTRIAL LAND USE MATRIX.

The allowed land uses in the industrial zoning districts are identified in the following table, subject to the limitations identified in the Notes Section.

Industrial Land Use Matrix
Key:

Blank: Not Allowed P: Permitted Use (Requires a Zone Clearance) SUP: Special Use Permit DDR: Development Design Review Permit 38 539
Land Use Zone District
CM BRP M-L M-1 M-2 Notes
Administrative, executive, and/or
corporate offices which are a part of
a predominantly industrial
operation, including governmental
offices and facilities

P P P P P
Administrative, financial,
professional, medical, and general
office services

P P SUP
Adult businesses, except adult motels P P P P Refer to section 16-337 Adult day care facilities P P
Adult motels P Refer to section 16-336
Agricultural and construction vehicle
sales with incidental repair and
service

SUP DDR DDR
Agricultural, limited to growing of crops P P P P P
Aircraft modification, storage, repair,
and maintenance
P P
Aircraft sales P P P P
Alcohol sales: on-site, off-site, and
wine tasting

SUP SUP SUP SUP
Ambulance base facilities P P P P P
Appliance repairs P P P
Asphalt or concrete manufacture
or refining
DDR
Assembly or repair of small
electrical and electronic
equipment
P P P
Assisted living residential facility SUP
Auction houses P P P P P
Boat building and repair P P
Boiler repair and maintenance P P
Book binding P P P P P
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Bottling/canning plants P P P
Breweries, microbrew
(less than 60,000 barrels). A SUP
is required if including tasting
rooms

DDR DDR DDR DDR
Breweries, craft
(more than 60,000 barrels, less than
2 million barrels). A SUP is required if
including tasting rooms

DDR DDR DDR DDR
Breweries, large
(more than 2 million barrels)

DDR DDR
Brick, tile, or terra cotta manufacture DDR DDR
Business furniture, supplies, and P P P
equipment sales
Cabinet or carpenter shops P P P P
Cafeterias accessory to permitted
uses for the convenience of persons
employed on the premises

P P P P
Carpet, rug, and dry-cleaning plants P P P P
Cement, glass, lime, gypsum, or
plaster manufacture
DDR
Ceramic products P P P P
Children’s day care facility serving
more than 15 children

SUP SUP
Churches SUP SUP SUP SUP SUP Refer to section
16-162(B)
Coffee shops, cafes P P DDR DDR DDR
Cold storage facilities including
agricultural freezers and ice
production and sales
P P P
Commercial and retail uses P DDR DDR DDR Refer to section 16-171 Commercial Cannabis Activities
Cultivation DDR DDR DDR DDR Refer to sections
11-473 and 16-173
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Distribution DD
R
DD
R
DD
R
DD
R
See section
16-173; Article
XVII Chapter
11Refer to
sections 11-473
and 16-173
Manufacturing DD
R
DD
R
DD
R
DD
R
See section
16-173; Article
XVII Chapter
11Refer to
sections 11-473
and 16-173
Retail SUP See section
16-173; Article
XVII Chapter
11Refer to
sections 11-473
and 16-173
Testing DD
R
DD
R
DD
R
DD
R
See section
16-173; Article
XVII Chapter
11Refer to
sections 11-473
and 16-173
Commercial recreational and
entertainment uses, such as batting
cages, gymnasiums, boxing gyms,
escape rooms, bowling alleys,
skating rinks, and similar
recreational uses as determined by
the planning manager

DDR DDR DDR DDR
Computer and business machine
sales and service
P P P
Convenience markets and drugstores P DDR
Corporate training and professional
development facilities including
ancillary outdoor activities

P P P P P
Day care facilities accessory to
industrial uses

DDR DDR DDR
Day care facilities (over 12 children)
as a principal use

DDR DDR
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Distribution, warehousing, and
wholesaling

P P P P P
Drive-through services SUP SUP SUP
Drop forge industries DDR
Dwelling unit, one per establishment,
for security or management when
located on the premises where such
person is employed in such capacity
and
accessory to an industrial use

DDR DDR DDR DDR
Electric motor rebuilding P P P P
Electrical and lighting supply P P
Electronic and computer repair P P P
Emergency shelter for families SUP P
Emergency shelter, permanent SUP P
Emergency shelter, temporary SUP P
Employment agencies P P
Energy generation, distribution,
storage, and support facilities,
including electrical and gas utilities

SUP SUP SUP SUP DDR
Explosives, manufacture or storage DDR
Farmworker housing SUP P P P
Feed sales P P P
Fertilizer manufacture DDR
Firearm and ammunition sales SUP Refer to Chapter
16, Division 19
Fish smoking, processing, curing,
or canning

DDR DDR
Florists P P
Freight classification yard, including
truck and bus storage and
maintenance
DDR P
Furniture manufacture and assembly P P P P
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Furniture upholstery shops P P P
Garbage, offal, or dead animal
reduction or dumping
P
Garment manufacturing P P P P
Gas bulk storage, manufacturing,
and distribution of flammable liquids
and all gases
DDR
General office, including legal,
professional, medical, consulting,
or similar
P P
Indoor firearm range SUP Refer to Chapter
16, Division 20
Iron, steel, brass, or copper foundry
or fabrication plant

SUP DDR
Kennels and animal boarding DDR DDR DDR DDR
Kennel day care P P P P
Laboratories, research only P P
Laundry, commercial P P P P
Light metal fabrication (for example,
sheet metal, wrought iron, and the
like)

P P P P
Lumber yards with incidental sales of
building and hardware supplies
(outside

SUP SUP P
storage)
Machine shops P P P P
Manufacture and assembly of
electrical and electronic instruments,
devices, and components

P P P P P
Manufacturing and maintenance
of electric neon signs

P P P P
Manufacturing, compounding
assembly, or treatment of articles or
merchandise from prepared materials
such as, but not limited to, canvas,
P P P
43 544
cloth, stones, wood products, and
leather
Manufacturing, compounding,
processing, packaging, or treatment of
food products such as, but not limited
to, bakery, dairy, fruits and
vegetables, and honey
P P P
Marine equipment sales with
incidental repair and service

P P P P
Medical product sales P P P
Medical: hospitals and medical centers SUP
Metals recycling and storage,
including sales

SUP DDR
Mini-warehouses and
self-storage facilities
SUP SUP SUP SUP Refer to Resolution
No. 6446
Mobile home sales and display DDR DDR DDR DDR
Motels, hotels, and convention facilities SUP SUP
Multifamily Residential uses up to
30 dwelling units per acre on
parcels identified in the AHD
additive zone, subject to the
provisions in section 16-420
SUP
Off-site non-accessory signs or
billboards
SUP Refer to section
16-608(G)
Oilcloth or linoleum manufacture P
Outdoor storage or assembly as
a primary use
SUP
Outdoor storage, incidental/accessory
to uses otherwise permitted

DDR DDR DDR
Paint, oil, shellac, turpentine,
and varnish manufacture
DDR
Paper and pulp manufacture DDR
Pawnshops SUP
Petroleum bulk plants and distribution SUP DDR
Petroleum refining DDR
Photographic studios and services P P P
44 545
Pla
nningmillsSUPDDR
PlasticmanufacturePP
PlumbingsupplyPPP
Printingshop, lithographing, photocopying, blueprinting, and publishingPPPPP Productassemblyplantsand
productionfacilitiesprimarilyengaged in final or
PPPPP
partial assemblingofpackagingof
premanufactured, treated, or
fabricatedcomponents, materials, or
products
Publicserviceuses-
communications, fireandpolice, water, and other governmental o r
publicfacilities

DDRDDRDDRDDRDDR
RadioortelevisionbroadcastingstationPPPPP
RailroadsupportservicesSUPDDR
Recyclingcollection: collection
recyclingfacilityfortheacceptanceof
materialsfromthepublic includinga
bulkorsingle-feedreversevending
machine, akioskunit, orapermanent
building
DDRDDR
Recyclingmobileunit: mobile
recyclingunitusedforthecollection
ofrecycledmaterials includingthe
bins, boxes, orcontainersforthe
collectionofrecyclablematerials

DDRDDRDDRDDR
Recyclingprocessingfacility: processing facility for ferrous and
non-ferrousmaterials includingthe
preparationofmaterial forefficient
shipmentwhich includesbaling, briquetting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re manufacturing. Outdoor bin storage allowed for the collectio n
ofrecycledmaterials
SUPSUP
45 546
Refrigeration and air conditioning
repair and service

P P P P
Research and development,
experimental or developmental
laboratories

P P P P
Research, development, and
clinical laboratories and uses
including
associated incidental and
outpatient clinics
P
Restaurants and delicatessens P P P DDR DDR
Rock crusher or distribution of
rock, sand, or gravel
DDR
Sale of building and hardware
supplies within a building

P P P P
Specialized commercial retail
centers oriented toward major
transportation elements such as
freeways,
expressways, and other major
transportation corridors. Specialized
commercial uses include promotional,
discount, factory outlet, and off-price
shopping centers, as well as centers
that are tourist-oriented or oriented to
other specialized markets.

Specialized commercial uses may
also include general commercial uses
in special or unique settings
SUP
Stationery and office supplies P P
Supportive housing SUP
Taxidermist P P P
Textiles manufacturing P P P
Trade schools, public and
private schools and colleges,
dance, and performing arts
studios

P P DDR
Transitional housing SUP
Vehicle assembly SUP DDR
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Vehicle and equipment dismantling
and recycling, including sale of parts
and vehicles
SUP
Vehicle rental agencies DDR DDR DDR
Vehicle repair, including engine
overhaul, body and fender work,
transmission, radiator repair,
painting, and upholstering

P P P P
Vehicle service stations SUP SUP SUP SUP DDR
Vehicle storage SUP SUP
Veterinarians with on-site kennels DDR DDR DDR DDR
Veterinarians with no on-site kennels P P P P
Welding shops P P P
Wine production facility SUP P P
Wine tasting with or without cafes SUP SUP SUP
SEC. 16-173. DEVELOPMENT DESIGN REVIEW PERMIT REQUIRED FOR SPECIFIC COMMERCIAL CANNABIS ACTIVITIES. (A) A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the business and research park (BRP) zone, the limited manufacturing (M-L) zone, the light manufacturing (M-1) zone, and the heavy manufacturing (M-2) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit.
(B) A commercial cannabis business for retail uses may bybe permitted in the business and research park (BRP) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit.
(C) A commercial cannabis business for retail uses may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit (SUP). A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit.
47 548
Attachment
D. VCAPCD Letter dated July 6, 2023.
549

VENTURA COUNTY

AIR POLLUTION CONTROL DISTRICT
Memorandum
TO: City of Oxnard Planning Commission
DATE: July 6, 2023
FROM: Nicole Collazo, Air Quality Specialist, VCAPCD Planning Division SUBJECT: Public Comment for City of Oxnard Planning Commission’s July 6, 2023 meeting, Re: Agenda Item F3
Ventura County Air Pollution Control District (APCD) would like to submit a public comment on Agenda Item F3, the proposed Cannabis Zoning Text Amendments, for the City of Oxnard’s (City) Planning Commission hearing on July 6, 2023.

APCD and other nearby air districts have been following closely how cannabis operations are being permitted in various jurisdictions, particularly processing and manufacturing operations, due to the high potential of odor impacts and public nuisance concerns. Public nuisance for air pollution is defined in the California Health and Safety Code Section 41700 as “no person can discharge air contaminants that cause injury, nuisance or annoyance to any considerable number of persons or the public, or discharge air contaminants that endanger the comfort, health or safety of such persons.”. As a result, this has been codified into APCD Rule 51, Nuisance, which most commonly pertain to considerable and verifiable dust and odor complaints. Cannabis operations are also typically permitted with APCD for emergency diesel-powered generators, boilers/water heaters, and solvents containing reactive organic compounds used in the extraction/manufacturing process.

Note- odors from the growing and harvesting of cannabis and hemp are considered agricultural operations and therefore exempt from odor enforcement and permitting requirements, per CA Health and Safety Code Section 41705, Emission Limitations, and APCD Rule 51, Nuisance.

While we understand that this item before your commission today is an amendment to an existing cannabis ordinance, of which we were not consulted on for odor and permitting requirements as it pertains to APCD when first adopted, we would like to make a good-faith effort to recommend changes to either existing or proposed cannabis ordinance language, in order to be consistent with APCD requirements and to reduce the potential for odor complaints from any nearby sensitive receptors. We submit the following recommendations.
1) Section 11-473, Location and Design of Cannabis Business. We respectfully request the setback distance for schools to be revised to 1,000 feet, in order to be consistent with California Health and Safety Code 42301.6, which requires public notice for air pollution applications if within 1,000 feet of a school. The setback distance should also apply to other sensitive receptors, such as residences. The California Health and Safety Code defines sensitive receptors as hospitals, schools, 550
and day care centers. APCD, however, also includes residences for the purposes of CEQA and assessing air quality impacts of discretionary development, and for complaint purposes. 2) Section 11-484 Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products. The use of solvents, such as those containing N-butane, isobutane, ethanol, propane, heptane, or any other volatile organic compound (VOC), requires an APCD Permit to Operate, unless an exemption is found in APCD Rules and Regulations. Such an exemption should be approved by the APCD’s Engineering Division. Please include this requirement in Section 11-484. Applicants should call the APCD Engineering Division at 805-303-3683 or email [email protected] prior to construction and/or operation of solvents requiring a permit to operate from the air district. As previously mentioned, other operations, such as the use of boilers and fossil-fueled engines may also need an APCD permit. It is best to also add a new requirement to “check in” with APCD during the permit issuance process with City divisions to ensure the proper permits are issues prior to construction and installation and avoid risk of a notice of violation of APCD Rule 10, Permits Required.
3) We recommend the following new requirement, possibly under Section 11-478, Miscellaneous Operating Requirements, or Section 11-484:
“All electricity (except for emergency power) shall be obtained from a commercial electric utility service. Fossil fuel-fired electrical generators shall only be used as emergency power.” This appears to be included in the cannabis ordinances adopted by Santa Barbara County and City of Goleta. There are known health risks from diesel engine use, such as exposure to diesel particulate matter (DPM), which is considered a toxic air contaminant (TAC) and captures up to 80% of the overall cancer risk from mobile sources in California. In addition, if the cannabis operation is “non-growing” and an APCD permit is required, our Engineering Division would require grid electricity as Best Available Control Technology, or BACT. Note- Even if the operation is exclusively for the growing of the cannabis crop (agricultural), an air permit would be required if diesel engine emissions exceed thresholds in APCD Rule 23.J.16, Exemptions from Permit. Therefore, it is best if ordinance does not allow the use of prime (non-emergency) dieselpowered engines.

Thank you for the opportunity to comment on your commission’s agenda item. Should you have any questions, you may contact me at [email protected]. cc: John Harader, Supervising Air Quality Engineer, Engineering Division, APCD (via email) 551
Attachment
E. Aug. 3, 2023 Staff Presentation.
552
Amendments to Chapters 11 and 16
of the Oxnard City Code and Commercial
Cannabis Cultivation Regulations
Planning and Zoning (PZ) Permit No. 23-580-02
Kathleen Mallory, Planning & Sustainability Manager
Matthew Simpkins, Management Analyst
Community Development Department
Planning Commission
August 3, 2023
553
Overview and Background 2
• Purpose of item is to:
○ Present proposed Zone Text Amendments (ZTA’s) to
Chapters 11 and 16 to address changes needed as a
result of implementation of the City’s existing cannabis regulations; and
○ Create new regulations to permit indoor commercial
cannabis cultivation in up to six (6) locations in the City. • Item continued from July 6th meeting due to receipt of two comments, one comment letter, and one error that
necessitated the need to continue the item and release an updated version of the proposed ordinance.
554
Analysis 3
• Aug. 3rd staff report addresses comments received after publication of the July 6th staff report and provides
recommended changes to the proposed Chapters 11 and

16. • Comment letter from Ventura County Air Pollution Control District
• Changes to the proposed Ord. as follows:
○ Section 11-487(I)(2) - Operating Requirements for
Cultivators
○ Section 11-473(B) - Modify Identified Locations where Indoor Commercial Cannabis Cultivation is Permitted
Consistent with Committee Direction
555
Analysis 4
• Comment letter from Ventura County Air Pollution Control District received July 6th.
○ Changing definition of sensitive use and boundary
○ Adding requirements or “check in” with VCAPCD; and
not allowing generators (with the exception of an
emergency).
• Staff response:
○ 2019, the Oxnard City Council made the decision to
utilize the State’s 600-feet buffer requirement.
○ The City would apply a standard condition of approval that requires an applicant to “check in” with VCAPCD.

This check in will also enable VCAPCD to ensure that
gasoline powered generators are not permitted.
556
Analysis 5
• Two additional Chapter 11 changes:
○ Section 11-487(I)(2) - Add Language to the Operating
Requirements for Cultivators (Minor change - requested
by City Public Works Dept.):
“A monthly and yearly projected water usage plan. The
plan shall include water conservation and recycling
measures for capture and reuse of on site water, and water treatment plan and wastewater discharge plan. Said plan shall be reviewed and approved by the City. Every attempt should be made by the licensee to connect to the City’s recycled water line when feasible”.
557
Analysis 6
• Two additional Chapter 11 changes, continued:
○ Section 11-473(B) - Modify Identified Locations where Indoor Commercial Cannabis Cultivation is Permitted
Consistent with July 24, 2023 Committee Direction
(legislative format):
“Cultivation is conceptually permitted on property zoned limited manufacturing (ML), light manufacturing (M1), heavy industrial (M2), and business and research park (BRP).

Cultivation may also be located in the following specific plan areas subject to relevant specific plan requirements:

Northeast Community Specific Plan, Sakioka Farms Business Park Specific Plan; Camino Real Business Park, McInnes
Ranch Business Park Specific Plan; Arcturus Ave.; and
Northfield & Seagate Business Park Specific Plan; Channel Island Business Center; and Statham Business Park.”
558
2023 Proposed Cultivation Locations 7
559
Next Steps
• Ordinance changes will be presented to City Council in September 2023.
• With approval of the indoor commercial cannabis
cultivation regulations, Staff will begin preparing application paperwork and develop the review protocol.
• The process to secure indoor cannabis cultivators is
envisioned to take approximately 12 months.
8 560
Recommendation 9
That the Planning Commission:
a) Open the public hearing and receive public testimony. b) Adopt Resolution 2023-XX recommending that the
City Council approve amendments to the OCC pertaining
to regulation of cannabis manufacturing, distribution,
testing, and retail dispensaries; and an amendment to
OCC Chapters 11 and 16 to allow up to five (5) indoor
commercial cannabis cultivators in six (6) identified areas of the City.
561
Questions?
562

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
AMENDING THE OXNARD CITY CODE (OCC) CHAPTERS 11 AND 16

PERTAINING COMMERCIAL CANNABIS ACTIVITY (ZONING TEXT
AMENDMENT; PZ NO. 23-580-02); AND INCORPORATE COMMERCIAL CANNABIS CULTIVATION (SECTIONS 16-163 AND AN AMENDMENT
TO OCC CHAPTERS 11 AND 16 TO ALLOW UP TO FIVE (5) INDOOR COMMERCIAL CANNABIS CULTIVATORS IN SIX (6) IDENTIFIED
AREAS OF THE CITY.

WHEREAS, the City Council of the City of Oxnard has considered Zone Text Amendment (ZTA) PZ No. 23-580-02, filed by the City of Oxnard Long Range Planning and Sustainability Division, to amend Chapters 11 and 16 of the OCC (Section 16-163 and Section 16-179); and WHEREAS, on January 24, 2023, the Community Services, Public Safety, Housing & Development Committee (“Committee”) voted 3-0 in favor of increasing the number of commercial cannabis cultivators permitted to operate in the city from two (2) to five (5). The Committee was also supportive of expanding the location of cultivation to be coterminous with the locations where cannabis manufacturing, distribution, and testing is allowed, with the expectation of the Rose Santa Clara Corridor Specific Plan area; and WHEREAS, on August 3, 2023, the Planning Commission of the City of Oxnard conducted a duly noticed public hearing to consider approving a resolution recommending that the City Council of the City of Oxnard approve amendments to the OCC pertaining to regulation of cannabis manufacturing, distribution, testing, and retail dispensaries; and an amendment to OCC Chapters 11 and 16 to allow up to five (5) indoor commercial cannabis cultivators in six (6) identified areas of the City (Zoning Code Text Amendments No. PZ 23-580-02); and WHEREAS, the Planning Commission received written and verbal comments from the public; and
WHEREAS, the Planning Commission finds that the proposed ZTA is in the public interest and reflects the input from residents, stakeholders in the community, and decision-makers. There are no changes recommended under the proposed ZTA that would reduce or compromise existing standards that protect the health, safety or general welfare of the City; and WHEREAS, the proposed Zone Code amendment is incorporated by reference and attached as the following exhibit:

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

Section 1. Article XVII of Chapter 11 of the Oxnard City Code regarding Commercial Cannabis 563
Ordinance No.

PZ 23-580-02 (Cannabis Cultivations and ZTA)