Exported using Save Emails to PDF by cloudHQ
Subject: Letter for tonight Council meeting for the Dunkin Donut project From: Manoj Khatore <[email protected]>
To: [email protected]
Cc: Manoj Khatore <[email protected]>, "cc: Behzad Noorbehesht" <[email protected]>, Janet Perez <[email protected]>, Sergio <[email protected]>, Sunday Bartlett <[email protected]>, Casey Yoong <[email protected]>, Nadine Seider <[email protected]>, [email protected], [email protected]
Date Sent: Tuesday, October 3, 2023 2:03:23 PM GMT-07:00 Date Received: Tuesday, October 3, 2023 2:04:11 PM GMT-07:00 Attachments: Letter to Oxnard City Council Agenda Item K.1 Proposed Dunkin Donut project.pdf October 3, 2023 City Council Meeting Agenda Item K.1 [Appeal of Planning Commission Approval of Planning and Zoning Permit No 22-550-01
Dear City Clerk:
This letter is to be submitted to the Council members, Mayor and any other appropriate personnel involved in the decision making regarding this project.
Thank you.
Dr. Manoj Khatore
1 / 13
2 / 13
3 / 13
Exported using Save Emails to PDF by cloudHQ
Subject: COUNCIL MEETING 10/03/2023 RE: Appeal of Planning Commission's Approval of Planning and Zoning Permit No. 22-550-1
From: Sunday - SHMG <[email protected]>
To: "[email protected]" <[email protected]>
Cc: "Stuart G. Nielson" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Date Sent: Tuesday, October 3, 2023 12:25:01 PM GMT-07:00 Date Received: Tuesday, October 3, 2023 12:25:09 PM GMT-07:00 October 3, 2023
Oxnard City Council
305 West Third Street
Oxnard, CA 93030
Re: October 3, 2023 Agenda Item No. K.1
Appeal of Planning Commission's Approval of Planning and Zoning Permit No. 22-550-1 (Major Modifica on to Special Use Permit No. 00-05-142)
Project Name: Dunkin' Donuts Major Modifica on
Property Located at 2151 E. Gonzalez Rd. (APN 213-0-090-115)
Dear Members of the Oxnard City Council:
I am the administrator for Spanish Hills Medical Group, which has its medical office located at the Palms Medical Plaza. I have been working at this location for the past 17 years.
Like the other medical professionals and staff at the Palms Medical Plaza, I have serious concerns about the proposed addition of a drive-through Dunkin Donuts business in the adjacent CBC Federal Credit Union building. The business is likely to draw a substantial number of additional visitors and cars to the driveway and parking lot that is shared by Palms Medical Plaza and the CBC building.
The traffic and parking for the Palms Medical Plaza and CBC building is already very strained near the Outlet Center Drive entry, and adding a fast-food drive-through business will cause a highly increased volume of traffic and is only going to exacerbate the problem. Although we appreciate staff’s efforts to impose conditions to try to limit these impacts, the practical reality is that this type of business simply isn’t compatible with the established uses at this site.
At the prior Planning Commission hearing on this project, there was some discussion that Palms Medical Plaza – and more specifically, the City’s 2021 approval of the condominium subdivision of the Palms Medical Plaza building – is the real source of the problem. That is not correct. The approved subdivision of the building into individually-owned medical suites did not modify the long-established use of the Palms Medical Plaza property.
It did not add to or alter any of the existing businesses conducted within the building, nor did it impact the parking at the property. Palms Medical Plaza has always provided the required on-site parking to support the medical services provided in the building.
I ask that you consider the impacts of the proposed project upon public health and safety and grant the appeal.
Sincerely,
Sunday Bartlett, Administrator
Spanish Hills Medical Group, Inc.
1901 Outlet Center Drive Suite 200
4 / 13
Exported using Save Emails to PDF by cloudHQ
Oxnard, Ca. 93036
Phone (805) 981-8300 Fax (805) 973-8709
5 / 13
Exported using Save Emails to PDF by cloudHQ
Subject: October 3, 2023 City Council Meeting Agenda Item K.1 [Appeal of Planning Commission Approval of Planning and Zoning Permit No 22-550-01]
From: "Stuart G. Nielson" <[email protected]>
To: "[email protected]" <[email protected]>
Cc: Jay Dobrowalski <[email protected]>, "[email protected]" <[email protected]>, Dennis McNulty <[email protected]>
Date Sent: Monday, October 2, 2023 2:51:46 PM GMT-07:00 Date Received: Monday, October 2, 2023 2:52:35 PM GMT-07:00 Attachments: Letter to Oxnard City Council [10.3.2023 Agenda Item K.1 -- Planning and Zoning Permit No. 22-550-01].pdf Please see the a ached le er addressing the above-referenced agenda item for the City Council mee ng tomorrow evening.
Thank you.
Stuart G. Nielson
NELSON COMIS KETTLE & KINNEY, LLP
5811 Olivas Park Drive, Suite 202
Ventura, CA 93003
Phone: (805) 604-4100
Direct: (805) 604-4107
Fax: (805) 604-4150
THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE
NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE
TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY US BY TELEPHONE, RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE E- MAIL ADDRESS.AND DELETE THE MESSAGE FROM YOUR SYSTEM.
6 / 13
NELSON !COMIS !KETTLE !&!KINNEY!LLP !!
A T T O R N E Y S ! A T ! L A W !
!
Maria!L.!Capritto ³!
Keith!H.!Fichtelman !
Keri!S.!Kettle ö!
Stuart!G.!Nielson!
William!E.!Winfield !"!
!
Stuart!A.!Comis,! Retired
Kerry!M.!Kinney,! Retired
Donna!A.!Laurent,! Retired
Mark!A.!Nelson,! Retired
Sylvia!Soto,! Retired !
!
³
Certified!Specialist!Estate!Planning,!Trust!&!Probate!Law! ! Licensed!in!California,!New!York,!and!England!&!Wales!(Solicitor) ! ö!Certified!Specialist!Family!Law !
!!!!!!!!!!California!State!Bar!Board!of!Legal!Specialization! "!Board!Certified-Business!Bankruptcy!Law!
!!!!!!!!!!!American!Board!of!Certification! !
5811!Olivas!Park!Drive,!Suite!202!
Ventura,!CA!93003!
(805)!604-4100!(Tel)!
(805)!604-4150!(Fax)!
www.calattys.com!
!
! ! !!!Sender's!Email:! [email protected] !!
Direct!Dial:!(805)!604-4107!
October 2, 2023
VIA EMAIL (
[email protected] )
Oxnard City Council
305 West Third Street
Oxnard, CA 93030
Re: October 3, 2023 Agenda Item No. K.1
Appeal of Planning Commission’s Approval of Planning and Zoning Permit No. 22-550-1 (Major Modification to Special Use Permit No. 00-05-142) Project Name: Dunkin ’ Donuts Major Modification
Property Located at 2151 E. Gonzalez Rd. (APN 213- 0-090-115)
Dear Honorable Mayor and Members of the Oxnard City Council, This firm represents Palms Medical Plaza Owners’ Association (“Palms Association”), the appellant in this matter. Palm Association’s primary concern is the compatibility of the proposed project with the medical services provided at Palms Medical Plaza and the potential for vehicle-pedestrian conflicts and congestion in the driveway and parking areas shared by Palms Medical Plaza and the project site.
In order to approve the proposed project, the City Council must find that:
(1) The project is intended to primarily serve the busi nesses and employees of the adjacent industrial area (Oxnard City Code Sec. 16-171); and
(2) The project will not adversely affect or be materia lly detrimental to adjacent uses or properties or to the public health, safety or general welfare (Oxnard City Code Sec. 16-531).
Palms Association respectfully submits that such findings cannot be made in this case.
In order to support the required findings, the project applicant, CBC Federal Credit Union (“CBC”), claims that the primary intent of the Dunkin ’ business is to serve the staff and clientele of CBC and the other tenants in the CBC building, and that the number of customers comi ng from other areas “will be minimal and not cause for concern.” Such position requires a complete suspension of disbelief. This is not a simple café or sundry shop. It is a very popular national chain that will provide drive-through service on one of the main thoroughfares in the City of 7 / 13
Oxnard City Council
October 2, 2023
Oxnard. This will be the only Dunkin ’ location within the City – the nearest store at the CBC branch in Camarillo is approximately seven miles away. The project will not be conditioned or operated in any manner that will limit service primarily to the businesses and employees within the CBC building and other adjacent properties, and it is certain to draw many customers from well beyond that area. This conclusion does not require any professional study.
It is self-evident from the very nature of the proposed project and observation of other similar businesses located throughout the City.
While addressing the limited scope of commercial activities permitted within the BRP zone, the staff report identifies the 7-Eleven service station and convenience store located on the opposite corner of Gonzalez Road and Outlet Center Drive and two restaurants located wit hin the Palms Marketplace. However, there are mater ial differences between those businesses and the proposed project, including the fact that they are located either on a stand-alone parcel (7-Eleven) or within a shopping center (Uptown Pizza and Café Amri), not at a site adjacent to – and with a shared driveway, access and parking with – a busy medical facility. Nor do those businesses include drive-through service or other elements which impact adjacent properties.
CBC also asserts that Palm s Association’s concerns regarding the project’ s adverse public safety impacts are based merely on “lay opinion” and are not supported by evidence. The members of Palms Association are all licensed physicians and have been occupants of Palms Medical Plaza for many years. The health, safety and well- being of the patients visiting Palms Medical Plaza are their utmost concern. Like any medical facility, many of the patients are elderly, have mobility issues, or are de aling with other medical conditions. It does not requ ire a professional study to validate the safety concerns associated with directing drive-through traffic for a popular fast food chain through a parking lot shared with such individuals. Such concerns are well-informed by many years of personal observation of the already congested conditions in the parking lot and the reasonable conclusion that the proposed project would further exacerbate those conditions by materially increasing the amount of traffic at the site.
At the August 3
rd Planning Commission hearing on the project, CBC ’s representative acknowledged that a substantial percentage of Dunkin ’s clientele is expected to consist of drive-through customers. The increased traffic and potential for vehicle-pedestrian incidents and other public safety impacts is readily apparent.
Thank you for your consideration of Palms Association’s comments and concerns. We respectfully request that the City Council grant the appeal and overturn the Planning Commission’s approval of the project .
Very truly yours,
NELSON COMIS KETTLE & KINNEY LLP
Stuart G. Nielson
cc: Dennis P. McNulty, Esq. (via email)
City of Oxnard Planning Division (via email)
Stuart G. Ni el el el el el so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so n 8 / 13
Exported using Save Emails to PDF by cloudHQ
Subject: Fwd: Dunkin Appeal: Permit No 22-550-01
From: "Pearson II, Joe" <[email protected]>
To: "Lai, Dee" <[email protected]>,Rose Chaparro <[email protected]>,City Clerk <[email protected]> Cc: "Dobrowalski, Jay" <[email protected]>, Kenneth Rozell <[email protected]> Date Sent: Thursday, September 28, 2023 5:25:05 PM GMT-07:00 Date Received: Thursday, September 28, 2023 5:25:35 PM GMT-07:00 Attachments: Response to Appeal.pdf
Hello Dee and Rose,
Please see attached comment letter for the Dunkin Donut project going to City Council on October 3rd.
Best,
Joe Pearson II, AICP | Planning and Environmental Services Manager Community Development Department
214 S C Street | Oxnard, CA 93030
O: 805-385-8272
[email protected]
www.oxnard.org
---------- Forwarded message --------- From: Dennis McNulty <[email protected]> Date: Thu, Sep 28, 2023 at 4:35 PM Subject: Dunkin Appeal: Permit No 22-550-01 To: [email protected] <[email protected]>, [email protected] <[email protected]> Cc: Stuart G. Nielson <[email protected]>, Daniel Bednar <[email protected]>, [email protected] <[email protected]>, Colin Winters <[email protected]>
Please see the attached Response to Appeal on behalf of CBC Federal Credit Union.
Dennis P. McNulty, Attorney at Law
Arnold LaRochelle Mathews VanConas & Zirbel LLP 300 Esplanade Drive, Suite 2100 | Oxnard, CA 93036 T 805.988.9886 ext 113 F 805.988.3376
9 / 13
10 / 13
11 / 13
12 / 13
13 / 13