Agenda packet — Oxnard City Council, December 5, 2023 (part 1 of 2)

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 December 5, 2023
Closed Session - 4:30 PM
Appointment Items - 5:30 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: 844 9811 1392

3. Passcode: 415728

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 IN- PERSON 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/city- meetings.
*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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 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 internet- based 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: F.G., an individual, et al. v. City of Oxnard, et al.

Ventura County Superior Court, Case No. 56-2022-00562807-CU-OE-VTA Legislative Body: City Council

D. APPOINTMENT ITEMS (5:30 PM)

1. City Manager Department
SUBJECT: Update on Current Pests and Diseases that are Impacting Agriculture in Ventura County.

RECOMMENDATION: That the City Council received an update by the Ventura County Agricultural Commissioner Korinne Bell on the Asian Citrus Psyllid, Huanglongbing, the Queensland Fruit Fly and potential impacts to farms/orchards.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Special Guest from the North Pole.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
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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: Southern California's Illegal Food Vendor Problem.

RECOMMENDATION: That the Public and City Council receive a City Manager discussion about Southern California's illegal food vendor problem.

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
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 November 7, 2023, regular meetings as presented.

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

2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.
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RECOMMENDATION: That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.

(The Finance and Governance Committee approved 3-0 on November 14, 2023 to approve the staff recommendation to forward the item for Council approval.) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 385-5400

3. Public Works Department
SUBJECT: Grant Application Resolution for CalRecycle Grant Programs. (10 minutes)

RECOMMENDATION: That the City Council adopt a resolution:

1. Authorizing the City Manager or designee to submit a grant application resolution to the California Department of Resources Recycling and Recovery (CalRecycle) (no local match) in SB 1383 Local Assistance Grant Program funds

2. Authorizing the City Manager or designee to execute grant agreements;

3. Authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and

4. Authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Fire Department
SUBJECT: Authorize Blanket Purchase Order for Stryker Sales, LLC in a Not to Exceed (NTE) Amount of $400,000 through June 30, 2024

RECOMMENDATION: That the City Council authorize the Mayor to execute Blanket Purchase Orders (BPO) with Stryker Sales, LLC for a total amount NTE $400,000 for the purchase of grant- funded automatic chest compression systems and other routine operational expenses.

(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)
Legislative Body: The City Council
Contact: Alexander Hamilton, (805) 385-7700

5. Fire Department
SUBJECT: Memorandum of Agreement Between the City of Oxnard (Fire Department) and Oxnard Union High School District

RECOMMENDATION: That the City Council approve and authorize the Mayor to enter into a Memorandum of Agreement between the City of Oxnard (Fire Department) and Oxnard Union High School District for an after-school program to introduce high school students to fire service.

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 5, 2023 PAGE 5

6. Community Development Department

SUBJECT: Adoption of Ordinance Nos. 3034, 3035, 3036, 3037, 3038, 3039, and 3040 - Planning & Zoning (PZ) Permit No. 23-580-03 (Zoning Text Amendments) - Implementation of the City’s Adopted Amended 6th Cycle 2021-2029 Housing Element

RECOMMENDATION: That the City Council adopt the following Ordinances amending Chapter 16 of the Oxnard City Code (OCC) to implement the Adopted Amended 6th Cycle of the 2021-2029 Housing Element and find that the adoption of the Ordinances are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and (3) and 15061(b)(3) of the CEQA Guidelines:

1. Ordinance No. 3034 - An Ordinance of the City Council of the City of Oxnard amending Accessory Dwelling Unit parking and impact fee requirements in Oxnard City Code (OCC) Section 16-468 & 16-622; and

2. Ordinance No. 3035 - An Ordinance of the City Council of the City of Oxnard amending the City’s Density Bonus Ordinance in OCC Section 16-410; and

3. Ordinance No. 3036 - An Ordinance of the City Council of the City of Oxnard amending the Emergency Shelter Standards in OCC Section 16-504 and 16-622; and

4. Ordinance No. 3037 - An Ordinance of the City Council of the City of Oxnard streamlining ordinance provisions, clarifying permitting requirements, simplifying code requirements, and amending requirements on Farmworker Housing, Supportive Housing, Low-Barrier Navigation Center, Single Room Occupancy and Residential Care facilities in OCC Section 16-10, 16-20 to 16-144, 16-148, 16-300, 16-303, 16-333, 16-441 & 16- 622 ; and

5. Ordinance No. 3038 - An Ordinance of the City Council of the City of Oxnard amending Reasonable Accommodation requirements in OCC Section 16-501.5; and

6. Ordinance No. 3039 - An Ordinance of the City Council of the City of Oxnard streamlining, clarifying, and simplifying permit procedures for Development Design Review, Special Use Permit Expiration and Major and Minor Modification to Special Use Permit in OCC Sections 16-525, 16-553 and 16-560 amendments; and

7. Ordinance No. 3040 - An Ordinance of the City Council of the City of Oxnard amending the Attached Dwelling Unit standards in OCC Section 16-360. (This item originated from a Public Hearing at the November 7, 2023 City Council meeting and was previously heard by the Planning Commission, therefore this item did not originate in Committee.) Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

7. Public Works Department

SUBJECT: Public Project Agreement 32400255 with J.R. Filanc Construction Company, Inc for Secondary Sedimentation Tank Mechanical Equipment Replacement at the Oxnard Wastewater Treatment Plant (OWTP), Specification No. PW 23-112.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $948,477 in project funds for Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP, Specification No. PW 23-112;

2. The Mayor to Execute an Agreement with J.R. Filanc Construction Company, Inc (Filanc) in the amount of $790,397 for the Project;

3. A Project contingency amount of $79,040 (10%) with Filanc for a total not to exceed value of $869,437 for the Project;
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4. A Project allocation amount of $79,040 (10%) for engineering, inspection, survey and project management for the Project; and

5. Budget appropriations of $948,477 from the available fund balance in the Wastewater Operating Fund (611) and the corresponding appropriation and revenue transfer in the Wastewater Capital Fund (612) for use of this 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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

8. City Manager Department
SUBJECT: Appointment of Councilwoman Gabriela Basua to Regional Defense Partnership for the 21st Century (RDP-21).

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Councilwoman Gabriela Basua to the Regional Defense Partnership for the 21st Century (RDP-21).

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
M. REPORTS

1. Housing Department
SUBJECT: Acquisition of Real Property located at 131 East Seventh Street and Disposition of Real Property located at 418 West Fourth Street in Downtown Oxnard. (10 minutes)

RECOMMENDATION: That the City Council:

1. Find that the recommended actions do not constitute a “project” subject to the California Environmental Quality Act pursuant to Section 21065 of CEQA and Sections 15004(b)(4) and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;

2. Approved the disposition of improved real property located at 418 West Fourth Street in the amount of $400,000 for a future private use;

3. Approve the acquisition of unimproved real property located at 131 East Seventh Street in the amount of $430,000 for the future development of affordable housing;

4. Approve and authorize a budget appropriation of $30,000 from the Housing In Lieu Fees Fund (Fund 360-Subfund 7050) available fund balance and authorize an exchange of value for completion of the two transactions;

5. Approve and authorize a budget appropriation of $75,000 from the Housing In Lieu Fees Fund ( Fund 360-Subfund 7050) available fund balance for necessary transaction and future maintenance costs; and

6. Authorize the City Manager or his designee to execute any and all documents necessary to facilitate these transactions.

(This item did not originate in Committee.)

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Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/EmzgpuhC2hA
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

2. Public Works Department
SUBJECT: Solid Waste (Refuse) Rates Discussion. (50 minutes)

RECOMMENDATION: That the City Council:

1. Provide comments and feedback on the goals, variable input, preliminary scenarios, and the process and timeline for solid waste rates; and

2. Direct staff to move forward to the next steps in the rate setting process on the basis of Scenario 4.
(Public Works and Transportation Committee approved 2-0)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/-SNEvyuWTKM
Live presentation to be provided by a consultant.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department

SUBJECT: Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Wastewater Division New Maintenance Building Project. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to Execute an Agreement with Roesling Nakamura Terada Architects, Inc. in the amount of $1,000,000 for Architectural and Engineering Services.

(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/ASNpjcWxwpk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Agreement 32400247 with Quest National Holdings dba Quest National Security for Security Guard Services at Various City Locations. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Quest National Holdings dba Quest National Security, for an initial term starting January 1, 2024, ending December 31, 2024, with the options to extend through December 31, 2028, and for a total contract not-to-exceed amount of $6,000,000 for security guard services at various City locations.

(The Public Works and Transportation Committee outcome was unknown at the time this agenda 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

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was posted.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/zYIm6Ksnc84
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
N. ADJOURNMENT

8 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1

DATE: December 5, 2023

TO: City Council

FROM: Dee Lai, Assistant City Clerk, (805) 385-8200, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of November 7, 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, Assistant City Clerk

ATTACHMENTS

1. 11 07 2023 Council Minutes

9 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
November 7, 2023

A. ROLL CALL, POSTING OF AGENDA

At 5:31 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. Dee Lai, Assistant City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal; Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela Zavala, Mayor Pro Tem Bryan A.

MacDonald, and Mayor John C. Zaragoza were present.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

C. CLOSED SESSION (5:30 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 633 and 635 Meta Street, Oxnard, CA (APN 201-0-272-220) Agency Negotiator: Emilio Ramirez
Negotiating Party: Las Vegas Lights Exchange LP
Under Negotiation: Price and terms of payment
Legislative Body: City Council
At 5:32 p.m., the City Council recessed into a closed session. At 6:04 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 item C.1.

D. OPENING CEREMONIES (6:00 PM)
Mayor Pro Tem MacDonald led the pledge of allegiance followed by a moment of silence.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating November 11, 2023 as "Veterans Day." Mayor Zaragoza read the Proclamation and delivered it to David Singer. David and five other service members joined the Council on the dais to accept the Proclamation, thanked the Council, and spoke briefly.

No public comments were received.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Karla Alejandra, Luciano Morales, Jeremy Goldberg, Alex Anand, Maria Navarro, Lupe Montano, Mechael Wright Hodges, Rev. Greg Runyon, and Lucy Cartagena.

G. 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 10 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 2

Oxnard's statistics as compared with other cities in the region.

Alex Nguyen, City Manager, provided community updates and Oxnard’s statistics.

No public comments were received.

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

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

No public comments were received.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K.8 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Mark Ross, Isabel Payne, Valeria Resendiz, Bryan Rodriguez, Karla Alejandra, Devina Garcia, Kyremina, Noemi Tungui, Rev. Greg Runyon, Thalia Ramirez, Leo Martinez, Jacob Travers, Leah Pehmohsen, Aime Hanna, Ryan Drury, Taylor Buck, Mike Montoya, Angel Marie, Sara Mshaiel, Jas Roman, Lucy Cartagena, and Chamubo Lopez.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of October 3, 2023, regular meetings as presented.

2. Police Department
SUBJECT: Police Department "Military Equipment" Purchase.

RECOMMENDATION: That the City Council approve the Police Department’s purchase and use of small Unmanned Aerial Vehicles, and Light Sound Diversionary Devices, which are defined by California Government Code sections 7070(c)(1) and 7070 (c)(12) as “military equipment."

(This item did not originate in Committee).

3. Fire Department
SUBJECT: Paramedic/Emergency Medical Technician (EMT) Student Education Agreement (Field Internship) with Ventura County Community College District.

RECOMMENDATION: That the City Council authorize the City Manager to enter into a Paramedic/ Emergency Medical Technician (EMT) student education agreement (field internship) with the Ventura Community College District for a five-year term at no cost.

(The Community Services, Public Safety, Housing and Economic Development Committee approved 3-0 on September 12, 2023).

4. Fire Department
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SUBJECT: Authorize Blanket Purchase Orders for Allstar Fire Equipment Co. and L.N. Curtis & Sons for a Not to Exceed (NTE) Amount of $500,000 and $1,000,000 respectively through June 30, 2024.

RECOMMENDATION: That the City Council authorize the Mayor to execute Blanket Purchase Orders (BPOs) with the following vendors:

1. Allstar Fire Equipment Co. (Allstar) for a total amount NTE $500,000 for the purchase of structural firefighting personal protective equipment (PPE) and tools.

2. L.N. Curtis & Sons (L.N Curtis) for a total amount NTE $1,000,000 for the purchase of firefighting tools and equipment for wildland and tools mounted on response vehicles.

(The Finance & Governance Committee approved 3-0 on September 26, 2023)

5. Community Development Department
SUBJECT: Deferred Development Impact Fee Agreement for Lockwood I and II Senior Apartment Projects.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute an agreement (A-8538) with Vintage at Lockwood, LP, a California limited partnership deferring development impact fees, until the time of final inspection or the date the certificate of occupancy is issued, whichever comes first, in the amount of $3,814,360.30 for the Lockwood I Senior Apartments Project PZ 21-535-05 (Density Bonus) & PZ 21-500-01 (Special Use Permit) located at 2001 Outlet Center Drive; and

2. Approve and authorize the Mayor to execute an agreement (A-8539) with Vintage at Lockwood, LP, a California limited partnership deferring development impact fees, until the time of final inspection or the date the certificate of occupancy is issued, whichever comes first, in the amount of $3,701,298.87 for the Lockwood II Senior Apartments Project PZ 21-535-06 (Density Bonus) & PZ 21-500-10 (Special Use Permit) located at 2152 Lockwood Street.

(This item did not originate in Committee. Both the Lockwood I & Lockwood II Senior Apartment projects were approved by the Planning Commission. Also, pursuant to Government Code Section 66007, the City must allow for the deferral of these impact fees and charges upon request).

6. Police Department
SUBJECT: First Amendment to Agreement with Comsite Pacific, Inc.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute the First Amendment to Agreement (contract number 9642-22-PO) for Comsite Pacific, Inc. dba Pegasus Telecommunications Consulting Group in the amount of $280,000 for a not to exceed contract amount of $445,000 and to extend the term 3 more years until December 31, 2026 for the Oxnard Police Department radio infrastructure consulting.

(This item did not originate in Committee).

7. Police Department
SUBJECT: Resolution Commending Officer David Landsverk for over Twenty-Six Years of 12 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 4

Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a Resolution No. 15,750 commending David Landsverk for over twenty-six years of service to the City of Oxnard Police Department.

(This item did not originate in Committee).

8. Housing Department
SUBJECT: Encampment Resolution Grant.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute an agreement with the County of Ventura for partnership in delivery of encampment response outreach and case management services in an amount not to exceed $1,163,614.34; and

2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators for the period between November 1, 2023 and August 30, 2024 to offer non-congregate shelter.

3. Authorize the City Manager, or designee, the ability to appropriate the $1,015,638.88 in grant funds and the General Fund allocation of $200,000 for services in partnership with the Ventura County Health Care Agency.

(This item did not originate in Committee.)

Consent Item K.2
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; the motion passed 6-1. Councilmember Valenzuela Zavala voted no.

Consent Items K.1, K.3, K.4, K.5, K.6, K7, and K.8
It was moved by Councilwoman Basua, seconded by Mayor Pro Tem MacDonald, 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 8:55 p.m. the Council took a short recess. At 9:01 p.m., the City Council reconvened in an open session in the Council Chambers.

L. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Planning & Zoning Permit No. 23-580-03 (Zoning Text Amendment) Relating to Implementation of the City’s Adopted Amended 2021-2029 6th Cycle Housing Element (45min)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing; and

2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (General Rule); and

3. Introduce the following seven ordinances for first reading (by title only) (PZ 23-580-03):
a. An Ordinance of the City Council of the City of Oxnard amending Accessory 13 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 5

Dwelling Unit parking and impact fee requirements in Oxnard City Code (OCC) Section 16-468 & 16-622; and
b. An Ordinance of the City Council of the City of Oxnard amending the City’s Density Bonus Ordinance in OCC Section 16-410; and
c. An Ordinance of the City Council of the City of Oxnard amending the Emergency Shelter Standards in OCC Section 16-504 and 16-622; and d. An Ordinance of the City Council of the City of Oxnard streamlining ordinance provisions, clarifying permitting requirements, simplifying code requirements, and amending requirements on Farmworker Housing, Supportive Housing, Low-Barrier Navigation Center, Single Room Occupancy and Residential Care facilities in OCC Section 16-10, 16-20 to 16-144, 16-148, 16-300, 16-303, 16-333, 16-441 & 16-622; and
e. An Ordinance of the City Council of the City of Oxnard amending Reasonable Accommodation requirements in OCC Section 16-501.5; and f. An Ordinance of the City Council of the City of Oxnard streamlining, clarifying, and simplifying permit procedures for Development Design Review, Special Use Permit Expiration and Major and Minor Modification to Special Use Permit in OCC Sections 16-525, 16-553 and 16-560; and
g. An Ordinance of the City Council of the City of Oxnard amending the Attached Dwelling Unit standards in OCC Section 16-360.

(This item did not originate in Committee).

Dee Lai, Assistant City Clerk, announced the affidavit of publication and stated that no written communications were received on this item.

Councilmember Teran, and Councilmember Valenzuela Zavala, stated that they had Ex Parte communications with Barbara Macri-Ortiz and Maria Navarro. Mayor Pro Tem MacDonald stated that he had Ex Parte communication with Barbara Macri-Ortiz.

Heather Davis, Contract Planner, Joe Pearson, Planning Manager, and Jeff Pengilley, Community Development Director, were available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing.

Public comment was received from
Barbara Macri-Ortiz.

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

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

M. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending September 30, 2023. (10 minutes)
14 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 6

RECOMMENDATION: That the City Council receive and file the report.

(This item did not originate in Committee.)
Phillip Molina, City Treasurer, presented and was available to answer questions. No public comments were received. The report was received and filed. No formal action was required.

2. City Attorney Department
SUBJECT: Ordinance of the City Council Prohibiting Single-Use Plastic Foodware (15 minutes)

RECOMMENDATION: That the City Council approve the introduction and first reading by title only and waive any further reading of the ordinance entitled: "Ordinance of the City Council of the City of Oxnard, California Amending Article XXIV of Chapter 7 of the Oxnard City Code Prohibiting the Use and Distribution of Single-Use Plastic Foodware."

(This item is exempt from CEQA pursuant to Title 14 of the California Rules of Regulation section 15061(b)(3))

(Public Works and Transportation Committee approved 3-0) Michelle McCarron, Assistant City Attorney, Chelsey Ballot, Deputy City Attorney, Eric Zetz, Environmental Services Manager, and Jeff Pengilley, Community Development Director, were available to answer questions.

Public comment was received from Andrew Gallagher. Discussion ensued among the council and staff.

It was moved by Councilmember Teran, seconded by Councilmember Valenzuela Zavala, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-1. Mayor Pro Tem MacDonald voted no.

At 9:56 p.m., City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

It was moved by Councilmember Perello, 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.

3. Police Department
SUBJECT: Fifth Amendment to Agreement A-7858 with Axon Enterprises, Inc. for Body Worn Camera and Other Services Utilized by the Police Department (10 minutes).

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Fifth Amendment to contract A-7858 with Axon International, Inc., increasing the contract's total agreement amount to $4,102,311.26.

(This item did not originate in Committee.)
Rocky Marquez, Police Commander, was available to answer questions. No public comments were received.

Discussion ensued among the council and staff.

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

4. Public Works Department
SUBJECT: Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck 15 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 7

Centers for Repair and Maintenance of Autocar Refuse Trucks, Allison Transmissions, Freightliner Trucks and Detroit and Cummins Engines (10 minutes).

RECOMMENDATION: That the City Council approve and authorize an Agreement with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $1,250,000 for the repair and maintenance of Autocar refuse trucks, Allison transmissions, Freightliner trucks and Detroit and Cummins engines as part of the City’s equipment fleet on an on-call/as needed basis.

(Public Works and Transportation Committee approved 3-0 on October 10, 2023) Jose Arreola, Fleet Services Manager, and Michael Wolfe, Public Works Director, were available to answer questions. No public comments were received. Discussion ensued among the council and staff.

It was moved by Councilwoman Basua, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-0-1. Mayor Pro Tem MacDonald was absent.

5. Public Works Department

SUBJECT: Agreement 32400232 with Garcia’s Landscaping Maintenance Inc. for Landscape Maintenance Services for the Riverpark Ballfields within Community Facilities District No. 5. (15 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. for landscape maintenance services for the Riverpark Ballfields within Community Facilities District No. 5 in the amount not to exceed $1,725,000, for the entire five-year and two months term of the Agreement ending December 31, 2028.

(Public Works and Transportation Committee approved 3-0) Eric Storrie, Special Districts Manager, Anthony Miller, Project Manager, and Michael Wolfe, Public Works Director, were available to answer questions. No public comments were received. Discussion ensued among the council and staff.

It was moved by Councilmember Teran, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, Perello, Teran, Valenzuela Zavala, and Zaragoza voted in favor ;
the motion passed 6-0-1. Mayor Pro Tem MacDonald was absent.

6. Public Works Department
SUBJECT: Agreement 32400239 with SGD Enterprises dba Four Seasons Landscaping for Landscape Maintenance Services within Community Facilities District No. 5. (15 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Agreement with SGD Enterprises dba Four Seasons Landscaping for landscape maintenance services within Community Facilities District No. 5 in the amount not to exceed $6,545,000.00 for the maximum five year and two month term of the Agreement, with the initial agreement term of fourteen months, ending December 31, 2024, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on December 31, 2028.

(Public Works and Transportation Committee approved 3-0) Anthony Miller, Project Manager, and Michael Wolfe, Public Works Director, were available to answer questions. No public comments were received. Discussion ensued among the council and staff. 16 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 8

It was moved by Councilmember Teran, seconded by Mayor Pro Tem MacDonald, 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.

7. Public Works Department

SUBJECT: Agreement 32400240 with Mariposa Landscapes, Inc. for Landscape Maintenance Services for 37 Landscape Maintenance Districts and 1 Maintenance Assessment District within the City of Oxnard. (15 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Agreement for up to five years with Mariposa Landscapes Inc for landscape maintenance services within the City’s 37 Landscape Maintenance Districts and 1 Maintenance Assessment District in the amount not to exceed $9,000,000 that includes all possible extensions for the maximum 5 year term ending December 31, 2028.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela Zavala, to approve the recommended action as presented. VOTE:

Basua, MacDonald, Madrigal, Perello, Valenzuela Zavala, and Zaragoza voted in favor; the motion passed 6-1. Councilmember Teran voted no.

8. Public Works Department
SUBJECT: Agreement 32400238 with Mariposa Landscapes Inc. for Landscape Maintenance Services within Community Facilities District No. 2. (15 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Mariposa Landscapes Inc. for landscape maintenance services within Community Facilities District No. 2 in the amount not to exceed $1,564,500.00 for the maximum five-year term of the Agreement, with an initial term of twelve months, ending December 31, 2024, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on December 31, 2028.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, 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. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:30 p.m.

___________________________________ _________________________________ DEE LAI JOHN C. ZARAGOZA Assistant City Clerk Mayor

17 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 7, 2023 PAGE 9

18 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2

DATE: December 5, 2023

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 385-5400, [email protected]

SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.

RECOMMENDATION

That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.

(The Finance and Governance Committee approved 3-0 on November 14, 2023 to approve the staff recommendation to forward the item for Council approval.)

BACKGROUND

The City’s annual audit for FY 2014-15 produced 111 single-audit findings. These findings primarily concerned the City's policies and procedures (or lack thereof) for accounting and financial management. Between fiscal year 2016 through the fiscal year ended June 30, 2018, the City’s annual audits continued to identify new findings in the double digits. For FY 2019-20, there was one additional audit finding, for Information Technology General Controls, which was communicated to City Council via a separate confidential written report due to its sensitive nature. For FY 2020-21, there was one new finding for accounting and financial management, but only two earlier audit findings remain unresolved, and there were no material weaknesses. For FY 2021-22, there were no new findings for accounting and financial management; only two prior findings remain unresolved. FY 2021-22 is the third year in a row where the City had no material weaknesses. Below is a table summarizing the audit finding history.

History of Findings by Fiscal Year A
# of New Finding
B
# of Repeat
Findings
C = (A+B) + Prior Year
C
Total # of Findings
FY 2014-15 111 0 111
FY 2015-16 5 0 116
FY 2016-17 10 9 135
FY 2017-18 24 13 172
FY 2018-19 8 3 183
FY 2019-20 1 0 184
FY 2020-21 1 1 186
19 FY 2021-22 0 0 186

In order to correct the various accounting and financial management audit findings, the City was required to produce a Corrective Action Plan, or CAP. This plan, updated annually, addresses all unresolved findings, and the steps and timeline to correct them. Staff created a detailed audit scorecard, and began presenting it to the Finance & Governance Committee, and to City Council, every six months.

DISCUSSION

During our FY 21-22 Single Audit, Eadie + Payne determined that the City sufficiently completed the corrective action plan for the findings identified in the FY 20-21 audit related to the CDBG HUD findings. Only two findings remain outstanding; the findings related to (1) the Indirect Cost Allocation Plan Update and (2) the Information Technology General Controls.

We have continued to make progress on the corrective actions for both findings. For the Indirect Cost Allocation Plan finding, the City has developed a central cost allocation plan that includes a cost allocation method for indirect costs. The new central cost allocation plan was completed after the FY 23-24 budget cycle; the City plans to implement the cost allocation plan with the FY 24-25 budget. The City Council will continue to receive updates on the IT General Controls findings through separate confidential reports.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on November 14, 2023 to approve the staff recommendation to forward the item for Council approval.

Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls

ATTACHMENTS
None

20 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3

DATE: December 5, 2023

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Grant Application Resolution for CalRecycle Grant Programs. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution:

2. Authorizing the City Manager or designee to execute grant agreements;

3. Authorizing the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and

4. Authorizing the Public Works Director or designee to submit non-financial reports. (This item did not originate in Committee.)

BACKGROUND

State of California Senate Bill 1383 (SB 1383) also known as the Short-Lived Climate Pollutants (SLCP) law, was signed on September 9, 2016. SB 1383 requires jurisdictions to increase the diversion of organic waste from landfills and meet the statewide target to divert organic landfill disposal by 75% in 2025. The law took effect on January 1, 2022, and required compliance with a majority of its provisions by that date. The City and many other local jurisdictions have struggled to comply with SB 1383’s deadlines due to the lack of existing local infrastructure to process organic waste, disruption of supply chains by the Covid-19 pandemic, staffing shortages, and a lack of funding from the State for this unfunded mandate.

To provide jurisdictions with relief from penalties for not complying with SB 1383 requirements by January 1, 2022, the State of California passed Senate Bill 619 (SB 619) on October 5, 2021. SB 619 allowed the City to submit a Notice of Intent to Comply (NOIC), proposing a timeline for execution of the provisions required by SB 1383 to avoid civil penalties from the California Department of Resources Recycling and Recovery (CalRecycle) for non-compliance. The City Council passed Resolution No. 15,542 in order for staff to submit the NOIC to CalRecycle. The NOIC was submitted to CalRecycle on March 1, 2022.

In November 2022, CalRecycle issued a draft Corrective Action Plan (CAP) to the City outlining 30 tasks in order for the City to come into compliance with SB 1383. The City of Oxnard is one of 126 California jurisdictions that have been issued a CAP. Environmental Resources (ER) staff and CalRecycle staff worked to finalize the CAP’s tasks and target completion dates and concurred to a proposed agreement on February 7, 2023. On March 6, 2023, CalRecycle issued the final CAP to the City. All tasks must be completed no later than March 1, 2024. Currently, ER staff has confirmed the completion of 12 tasks. The remaining 18 tasks need to be completed by March 1, 2024.

To provide jurisdiction assistance in complying with SB 1383’s requirements, CalRecycle is administering a non- 21 competitive grant program. Grant funds can be used to pay for: capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement requirements, record keeping or any other item that will help a jurisdiction with the implementation of SB 1383. CalRecycle has allocated $90,000,000 for the SB 1383 Local Assistance Grant Program and the base award will be set at $75,000. The remaining funds will then be distributed to eligible jurisdictions based on per capita calculations using the Department of Finance’s January 2023 population statistics. CalRecycle estimates the City of Oxnard’s total eligible grant amount to be $341,702.

DISCUSSION

As allowed by Resolution No. 15,748 (Attached), ER staff submitted an application for this grant, by the initial grant application due date of November 15, 2023. However, the program requires a Council-approved grant resolution specifically for CalRecycle grant programs, by December 20, 2023, to finalize the application (Attachment 1). If the City Council approves the proposed resolution, ER staff will submit the approved grant resolution to CalRecycle by the secondary due date of December 20, 2023. This grant resolution will be effective for a term of 5 years from the date of adoption and will allow the City to apply for the SB 1383 Local Assistance Grant Program.

ER will use the SB 1383 Local Assistance Grant Program funds to purchase:

1. Bins and carts for recyclable materials and organic waste;

2. Educational and outreach materials for residential and commercial waste generators;

3. Compliance tracking software for recordkeeping and enforcement;

4. Recovered organic waste products to meet the City’s procurement target;

5. Any other qualifying material or service which will assist the City in complying with SB 1383.

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

If awarded, CalRecycle Grants Program funds will be recognized and appropriated to the State & Local Grant Fund (210). There is no local match required for this grant.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Eric Zetz, Division Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Grant Reso 15,748

2. CalRecycle Grant Programs Resolution

22 23
24 CITYCOUNCILOFTHECITYOFOXNARD
RESOLUTIONNO.________A RESOLUTIONAUTHORIZINGSUBMITTALOFINDIVIDUALGRANTAPPLICATIONSFORTHECALRECYCLESB1383LOCALASSISTANCEGRANTPROGRAM WHEREAS,PublicResourcesCodesections48000etseq.authorizetheDepartmentofResourcesRecyclingandRecovery(CalRecycle)toadministervariousgrantprograms(grants)infurtheranceoftheStateofCalifornia’s(State)effortstoreduce,recycleandreusesolidwastegeneratedinthestatetherebypreservinglandfillcapacityandprotectingpublichealthandsafetyandtheenvironment;and WHEREAS,infurtheranceofthisauthorityCalRecycleisrequiredtoestablishproceduresgoverningtheapplication,awarding,andmanagementofthegrants;and WHEREAS,CalRecyclegrantapplicationproceduresrequire,amongotherthings,anapplicant’sgoverningbodytodeclarebyresolutioncertainauthoritiesrelatedtotheadministrationofCalRecyclegrants;and NOW, THEREFORE,BEITRESOLVEDthattheCityCounciloftheCityofOxnardauthorizesthesubmittalofapplicationstoCalRecyclefortheSB1383LocalAssistanceGrantProgram;and BEITFURTHERRESOLVEDthattheCityManager, EnvironmentalResourcesDivisionManager, EnvironmentalResourcesRecyclingManagerorhis/herdesignee,isherebyauthorizedandempoweredtoexecuteinthenameoftheCityofOxnardallgrantdocuments,includingbutnotlimitedto,applications,agreements,amendmentsandrequestsforpayment,necessarytosecuregrantfundsandimplementtheapprovedgrantproject;and //
//
//
//
//
//
//
25 Resolutionfor CalRecycleSB1383Local AssistanceGrant ProgramPage2BEITFURTHERRESOLVEDthattheseauthorizationsareeffectiveforfiveyearsfromthedateofadoption.

APPROVEDANDADOPTEDthis5thdayofDecember, 2023,bythefollowingvote:.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________JohnC.Zaragoza,Mayor
ATTEST:
__________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
__________________________________StephenM.Fischer, CityAttorney 26 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4

DATE: December 5, 2023

TO: The City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Authorize Blanket Purchase Order for Stryker Sales, LLC in a Not to Exceed (NTE) Amount of $400,000 through June 30, 2024

RECOMMENDATION

That the City Council authorize the Mayor to execute Blanket Purchase Orders (BPO) with Stryker Sales, LLC for a total amount NTE $400,000 for the purchase of grant-funded automatic chest compression systems and other routine operational expenses.

(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)

BACKGROUND

A blanket purchase order (BPO) is an agreement established with a vendor to fill repetitive needs for goods. BPOs make it easier for the vendor and departments to fill recurring needs, while using the City's full buying power by taking advantage of quantity discounts, saving administrative time, and reducing paperwork. BPOs are established as purchase orders with a maximum order amount or not to exceed (NTE) amount, rather than for a specific amount. BPOs with an annual NTE amount greater than $200,000 require the Mayor or most senior Council Member’s approval and signature.

DISCUSSION

On December 7, 2022, the City Council authorized the Fire Department to be a subrecipient of a FEMA Assistance to Firefighters Grant submitted by Ventura County Fire Protection District. The District was regionally awarded thirty five (35) Automatic Chest Compression Devices (ACCD’s) with eight (8) units awarded to the City of Oxnard at $18,165.00 unit cost for a total cost of $145,320. In addition to this one-time purchase, the Department estimates spending roughly $30,000 on routine purchases of durable and disposable medical supplies for everyday emergency medical services and $17,000 for a service plan to maintain the existing chest compression systems. The balance of the contract will be utilized as funding is identified for other grant funded items or for unanticipated needs that may arise during the year.

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 Department’s Fiscal Year 2023-24 Budget includes appropriations in the amount of $47,000 (General Fund 101) and $145,320 (Federal Grant Fund 200) for purchases under this BPO. Additional purchases against the BPO will be made only if additional funding is identified through budgetary savings, approved increases in appropriations or new grant funding. The Department will return to Council to request additional appropriations should that be necessary. 27 For Finance Use Only: General Fund (Org. 1012501 Obj. 52400); Federal Grant Fund (Org. 2001001 Obj. 59800 Project C2412); Capital Outlay Fund (Org. 3012501 Obj. 56040, Project C2412)

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Rose Rodarte, Administrative Services Manager, Alexander Hamilton, Fire Chief

ATTACHMENTS

1. FY24 Stryker BPO NTE 400K 10.2023 (1)

28 Blanket Purchase Order in the Amount of
$400,000 with Stryker Sales, LLC
Alexander Hamilton, Fire Chief
29 The Community Services, Public Safety, Housing &
Development Committee recommends that the City Council
authorize the Mayor to execute Blanket Purchase Orders
(BPO) with Stryker Sales, LLC for a total amount NTE
$400,000 for the purchase of grant funded automatic chest compression systems and other routine operational
expenses.

RECOMMENDATION
2 30
A blanket purchase order (BPO) is an agreement established with a vendor to fill repetitive needs for goods. BPOs make it easier for the vendor and departments to fill recurring needs, while using the City's full buying power by taking advantage of quantity discounts, saving administrative time, and reducing paperwork. BPOs are established as purchase orders with a maximum order amount or not to exceed (NTE) amount,
rather than for a specific amount. BPOs with an annual NTE amount greater than $200,000 require the Mayor or most
senior Council Member’s approval and signature.

BACKGROUND
3 31

SPENDING LIMIT
• City of Oxnard was awarded a FEMA AFG Grant as a
subrecipient for the purchase of eight (8) Automatic Chest Compression Devices.
• The unit cost is $18,165.00 for total cost of $145,320. • The Department expects to spend approximately $47,000 on other routine expenses with this vendor.
• The annual spend with Stryker will exceed $200,000
requiring City Council approval.

DISCUSSION
4 32
FISCAL YEAR 2023/2024 FISCAL IMPACT
• $192,320 has been allocated in the Department’s
General Fund (101) and Grant Fund (200) budgets to
cover the cost of the devices and other routine needs.
• Use of the remaining BPO amount will be utilized for
other equipment and supply needs from this vendor if
funding sources become available.

FISCAL IMPACT
5 33
Questions?
34 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5

DATE: December 5, 2023

TO: The City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Memorandum of Agreement Between the City of Oxnard (Fire Department) and Oxnard Union High School District

RECOMMENDATION

That the City Council approve and authorize the Mayor to enter into a Memorandum of Agreement between the City of Oxnard (Fire Department) and Oxnard Union High School District for an after-school program to introduce high school students to fire service.

(The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.)

BACKGROUND

In May 2022, the Oxnard Fire Department released a 5-year strategic plan. One of the six identified goals is related to recruitment and investing in strategies aimed at hiring more women and Oxnard community members as Firefighters. To accomplish this goal, the Fire Department seeks to foster partnerships with existing community organizations and develop partnerships with local high schools. The desired outcome is a fire department that reflects and represents the diverse Oxnard community it serves.

DISCUSSION

This partnership adds to the myriad of programs that the Oxnard Union High School District offers their students. Historically, these programs have been known as "after-school" programs. However, the program we have developed involves five weekends of instruction, providing students with 60 hours of training and five high school credits towards graduation.

The program will target juniors and seniors and will be modeled after our successful Fire Explorer Post curriculum. The program will include a field trip to the Oxnard College Fire Technology Campus to encourage students to continue their fire service education.

Students who excel in the program will be invited to become Oxnard Fire Department Explorers. This will allow them to participate in ride-alongs and respond to emergency calls for service. There are also explorer drill days and the statewide Fire Explorer Muster competition.

The Oxnard Fire Department is planning to launch the first cohort in January 2024.

STRATEGIC PRIORITIES

The cost to the Fire Department for the training hours over the five weekends is estimated at $20,000 in overtime. There is sufficient funding available in the FY2023-24 adopted Fire Department's overtime budget in the General Fund.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 2-0 on November 14, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Alexander Hamilton, Fire Chief, Fara Ravan, Administrative Services Support Supervisor

ATTACHMENTS

1. MOA for After-School Fire Tech _ The City of Oxnard Fire Department and Oxnard Union High School District

36 A-8542

OXNARD UNION HIGH SCHOOL DISTRICT

OXNARD FIRE DEPARTMENT
Memorandum of Agreement
This Memorandum of Agreement (“Agreement”) is made and entered into effective upon the date signed by the parties: the CITY of Oxnard (“CITY”), a municipal corporation, and Oxnard Union High School District, hereinafter referred to as “OUHSD.”

RECITALS
WHEREAS, OUHSD is preparing students for college, career, and life success; WHEREAS, OUHSD is committed to providing students with opportunities for career exploration in fire and public safety;
WHEREAS, the City of Oxnard, through the Oxnard Fire Department (“CITY”), supports youth career exploration;
WHEREAS, the CITY aims to promote fire safety awareness and provide career exploration opportunities for students in collaboration with the OUHSD; WHEREAS, the CITY and OUHSD desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, considering the mutual promises hereinafter set forth, the CITY and OUHSD agree as follows:

I. SCOPE OF SERVICES

A. The CITY shall provide students up to 60 hours of career exploration opportunities in fire and public safety each school semester through after-school program activities.

B. CITY shall provide OUHSD with a list of activities/presentation topics students will learn for promotion and marketing purposes.

C. CITY shall provide OUHSD with an attendance roster verifying the number of hours each student completed in the program. Upon successful completion of 60 semester hours, OUHSD students will receive five career exploration elective credits.

D. OUHSD will work with CITY to ensure that the parent/guardian of the participating student completes any necessary paperwork required for participation in the program.

E. CITY will make arrangements with OUHSD for transportation/field trip needs, should activities include field trips to other related work-based learning sites.

F. No student shall be assigned tasks or duties that a regular CITY employee normally performs. 37 A-8542
2 G. To the extent permissible by law, CITY shall treat as confidential all information relating to students and all records and information accessed while providing services under this Agreement. Except as required by law or court order, CITY shall not disclose to any third person or entity any confidential or private information regarding a student without the written consent or authorization of that student’s parent or legal guardian.

I. COMPENSATION AND PAYMENT
CITY will provide the staff and facility required to carry out each session of the program with no fee to OUHSD or its students.

II. TERM
This Agreement shall be effective from the date signed by both parties and shall continue for a three-year period unless extended by written consent of both Parties.

III. COMPLIANCE WITH LAWS
CITY and OUHSD shall observe and comply with all applicable federal, state, and county laws, regulations, and ordinances.

IV. STATUS OF CONTRACTOR
A. It is understood and agreed that CITY (including CITY employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto.

CITY-assigned personnel shall not be entitled to any benefits payable to employees of OUHSD. CITY is an independent contractor that provides services to students of OUHSD with no fee to the OUHSD or its students.

B. Attorneys’ Fees: If any action or proceeding arising out of or relating to this Agreement is commenced by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, reasonable attorneys’ fees, costs and expenses incurred in the action or proceeding.

C. It is understood and agreed by the parties hereto that all personnel employed by CITY shall be entirely and exclusively under the direction, supervision, and control of the CITY. All terms of employment, including schedule, wages, working conditions, discipline, hiring and discharging, or any other terms of employment or requirements of law, shall be determined by CITY.

IV. ASSIGNMENT
Neither party may assign or delegate this Agreement without the prior written consent of the other party.

V. INTERPRETATION
This Agreement shall be deemed to have been prepared equally by both parties, and the Agreement and its provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

VI. DISPUTES
In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between them. If the dispute cannot be resolved by mutual agreement, the parties agree to binding arbitration to settle the dispute prior to any civil litigation, pursuant to the laws of the State of California, once the informal resolution process has been exhausted.
38 A-8542
3 VII. TERMINATION
Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing.

VIII. PRIOR AGREEMENTS
This Agreement constitutes the entire contract and full understanding between CITY and OUHSD regarding the subject matter of this Agreement. Any other agreements, whether oral or written, between CITY and OUHSD regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement. This Agreement is intended to be comprehensive as an integrated agreement containing all of the understandings and contractual obligations of the parties regarding these issues.

IX. EXECUTION IN COUNTERPARTS, ELECTRONIC SIGNATURE
This Agreement may be executed in counterparts such that the signatures may appear on separate pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

Signatures transmitted by facsimile shall be deemed original signatures.

This Agreement may be executed by either or both Parties via electronic signature, which shall have the same force and effect as a wet signature.

X. ADDITIONAL PROVISIONS
The additional provisions attached hereto in Exhibit A and Exhibit B are part of this Agreement and incorporated herein by reference.

XI. NOTICE INFORMATION
A. Any notices to the CITY shall be delivered by mail addressed to:

Oxnard Fire Department
Alexander Hamilton
Fire Chief
360 West Second Street
Oxnard, CA 93030
B. Any notice to OUHSD shall be delivered by mail addressed to:

Oxnard Union High School District
Dr. Tom McCoy, Superintendent
1800 Solar Drive
Oxnard, CA 93030
39 A-8542
4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as the day and year first written below.

CITY OF OXNARD
By: _____________________________ Date _____________________________ John C. Zaragoza, Mayor
ATTEST:

By: _____________________________ Date _____________________________ Rose Chaparro, City Clerk
APPROVED AS FORM:

By: _____________________________ Date _____________________________ Stephen M. Fischer, City Attorney

OXNARD UNION HIGH SCHOOL DISTRICT
By: _____________________________ Date _____________________________ Dr. Tom McCoy
Superintendent, Oxnard Union High School District
40 A-8542
5 OXNARD UNION HIGH SCHOOL DISTRICT

CITY OF OXNARD

EXHIBIT A
Mutual Indemnification and Coverage Obligations between the Oxnard Union High School District (OUHSD) and Oxnard Fire Department (CITY)
Indemnification: To the fullest extent allowed by law, OUHSD shall defend, indemnify, and hold harmless CITY and its elected and appointed officials, directors, officers, agents, employees, volunteers, and guests against any claim or demand arising from any actual or alleged act, error, or omission by OUHSD or its elected and appointed officials, directors, officers, agents, employees, volunteers, or guests.

To the fullest extent allowed by law, CITY shall defend, indemnify, and hold harmless OUHSD and its elected and appointed officials, directors, officers, agents, employees, volunteers, and guests against any claim or demand arising from any actual or alleged act, error, or omission by CITY or its directors, officers, agents, employees or guests.

Insurance/Coverage: The insurance or liability coverage shall include, as may be reasonable and appropriate given the acts and activities contemplated by this agreement, commercial general liability, premises liability, automobile liability (owned, not-owned, and hired), professional liability/errors and omissions, employer’s liability, product liability, completed operations, and/or educator’s legal liability coverage. To the full extent of the Parties’ respective indemnity obligations, but only up to the agreed limit of liability set forth below, the Parties’ insurance or liability coverage agreements shall also be endorsed to extend “additional insured” or “additional covered party” status to all proposed indemnities.

Limits of Insurance/Coverage: OUHSD and CITY agree to purchase and/or maintain through the duration of this agreement and for a period of no less than one (1) year(s) thereafter, insurance or liability coverage (such as liability coverage provided by a Join Powers Agency) ensuring their ability to meet their respective defense and indemnity obligations set forth above. Such insurance or liability coverage shall have a limit of liability of no less than $1,000,000 per claim/occurrence and $2,000,000 in the aggregate.

Each Party also represents that for the period of this agreement, they will purchase and maintain any insurance or liability coverage as required by law or regulation, including workers’ compensation coverage. With respect to such required coverage, each Party shall provide evidence of such coverage by way of a Certificate of Insurance or Certificate of Coverage.

In the event of a claim covered by these provisions, the Parties agree to take all steps reasonable or necessary to cooperate in defending and protecting their joint interests, including efforts to reduce defense costs (through joint representation whenever possible), expenses, and potential liability exposures.
41 A-8542
6 OXNARD UNION HIGH SCHOOL DISTRICT

COMMUNITY CLASSROOM NON-PAID STUDENT INTERNSHIP

EXHIBIT B

PROGRAM AGREEMENT
This Program Agreement (the “Agreement”) is made and entered into on September 12, 2023 by and between Oxnard Union High School District (hereinafter referred to as “Local Educational Agency” or “LEA”) and the City of Oxnard through the Oxnard Fire Department (hereinafter referred to as “Business Partner”).

Oxnard Fire Department Oxnard Union High School District Business Partner School
Kevin Todd / Alex Hamilton Teresa Telles / Monica Phillippe Business Partner Liaison Name School Contact Name
805-385-7700/805-513-3012 805-487-7582/805-278-1607
Telephone Number Telephone Number
[email protected]/[email protected] teresa.telles@oxnardunion/[email protected] E-mail Address E-mail Address
360 W. Second St. 1800 Solar Drive
Street Address Street Address
Oxnard, CA 93030 Oxnard, CA 93030
CITY, State, Zip code CITY, State, Zip code

PROGRAM
Utilize the facilities and equipment of a public agency or private business to provide students the opportunity to expand competencies developed in a career technical course in unpaid on-the-job experiences. Competencies to be taught are found on Attachment 1, Competencies, attached hereto and incorporated by this reference. 2023-24 September 12, 2023 Continue Annually, per MOU School Year Beginning Date of Program Ending Date of Program 360 W. Second Street,
60 hours per semester Oxnard, CA 93030 Fire Station 1 Hour(s) of Program Business Partner Location Business Partner Department CONDITIONS. Business Partner will have no obligation to provide the program until LEA returns a signed copy of this Agreement.

NATURE OF RELATIONSHIP. The LEA and Business Partner agree the relationship created by this Agreement is that of independent parties. In performing the program, the LEA and Business Partner shall be, and at all times are, independent and not partners, joint venturers, agents, or employees of the other party, and nothing contained herein shall be construed to be inconsistent with this relationship or status.

TERMINATION OR AMENDMENT. This Agreement may be terminated or amended in writing at any time by mutual written consent of all of the parties to this Agreement and may be terminated by either party for any reason by giving the other party 30 days advance written notice.

COMPLIANCE WITH LAWS. Business Partner hereby agrees that Business Partner, officers, agents, 42 A-8542
7 employees, shall obey all local, state, and federal laws and regulations in the performance of this Agreement, including, but not limited to, minimum wages laws and/or prohibitions against discrimination.

All statutes and regulations applicable to minors in employment relationships apply to community classroom internship programs.

Compliance with laws includes California Code of Regulations Title 8, Section 3203, Injury and Illness Prevention Program, Section 3205, COVID-19 Prevention Program, and all other applicable safety and health regulations.

NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. Business Partner represents and agrees that it does not and shall not discriminate against any employee or applicant for employment, company, individual or group of individuals, because of ancestry, age, color, disability (physical and mental, including HIV and AIDS), genetic information, gender identity, gender expression, marital status, medical condition, military or veteran status, national origin, race, religion, sex/gender, and sexual orientation.

GOVERNING LAW AND VENUES. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in state or federal court situated in the County of Ventura, State of California.

DISPUTE RESOLUTION
All matters pertaining to this Agreement shall be discussed by the two (2) Contacts listed above. The discussion will be a collaborative effort to resolve any dispute that has arisen.

If the collaborative discussion fails to reach a conclusion, the parties agree that they will submit the matter to a mutually agreed upon mediator. Notwithstanding the next section, Attorneys’ Fees, the cost of the mediator shall be borne equally by the parties.

ATTORNEYS FEES. In the event of any action or proceeding to interpret or enforce the terms of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such actions or proceeding.

INDEMNIFICATION.

Business Partner agrees to defend, indemnify, and hold harmless LEA, its officers, agents, employees, volunteers and/or students from any and all claims, demands, losses, damages and expenses, including legal fees and costs, or other obligations or claims arising out of any liability or damage to person or property, or any other loss, sustained or claimed to have been sustained arising out of activities of the Business Partner or those of any of its officers, agents, employees, or student teacher(s) or intern(s) of the Business Partner, whether such act or omission is authorized by this Agreement or not. The provisions of this indemnification do not apply to any damage or losses caused solely by the negligence of the LEA or any of its officers, agents, employees, volunteers and/or students.

LEA agrees to defend, indemnify, and hold harmless Business Partner, its officers, directors, agents, and/or employees, from any and all claims, demands, losses, damages and expenses, including legal fees and costs, or other obligations or claims arising out of any liability or damage to person or property, or any other loss, sustained or claimed to have been sustained arising out of activities of the LEA or those of any of its officers, agents, employees, volunteers and/or students of the LEA, whether such act or omission is authorized by this Agreement or not. The provisions of this Agreement do not apply to any damage or losses caused solely by the negligence of the Business Partner or any of its officers, agents, employees, volunteers and/or students.

This Indemnification shall survive the closing or termination of this agreement. 43 A-8542
8 INSURANCE.

1. LEA shall procure and maintain, during the term of this Agreement, not less than the following General Liability Insurance coverage in the amounts of $1,000,000 per occurrence and $2,000,000 aggregate LEA shall procure and maintain, during the term of this Agreement, Workers’ Compensation insurance, or self-insurance, as required by California law, on all of its student interns engaged in non-paid work related to the performance of this Agreement. LEA shall procure and maintain Employers’ Liability insurance coverage of $1,000,000.

2. Business Partner, at its own cost and expense, shall procure and maintain during the term of this Agreement, policies of insurance for the following types of coverage:
a. Commercial General Liability Insurance. Business Partner shall procure and maintain, during the term of this Agreement, not less than the following General Liability Insurance coverage in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.

Commercial General Liability insurance shall include products/completed operations, property damage, and personal and advertising injury coverage.
b. Other Coverages as Dictated by the LEA. Business Partner shall procure and maintain, during the term of this Agreement, Abuse and Molestation coverage in the amounts of $1,000,000 per occurrence and $2,000,000 aggregate.
c. Certificates of Insurance. Business Partner shall provide certificates of insurance to LEA as evidence of insurance coverage required herein, not less than 15 days prior to commencing the proposed activity, and at any other time upon the request of the LEA. Certificates of insurance will be deemed invalid if proper endorsements are not attached. Certificates of such insurance shall be filed with the LEA on or before the commencement of the services under this agreement.
d. Business Partner’s Commercial General Liability insurance and Abuse and Molestation coverage shall name the LEA, its governing board, officers, agents, employees, and/or volunteers as additional insureds.

All endorsements specifying additional insureds for any of the Insurance Policies shall be as indicated below or an equivalent endorsement reasonably acceptable to the LEA.

1.General Liability: CG 20 26 10 01
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the LEA. f. Insurance written on a “claims made” basis is to be renewed by the Business Partner and all Business Partner subcontractors for a period of three (3) years following termination of this Agreement. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this agreement and will cover the Business Partner for all claims made. g. Failure to Procure Insurance. Failure on the part of the Business Partner, or any of its subcontractors, to procure or maintain required insurance shall constitute a material breach of contract under which the LEA may immediately terminate this Agreement.

NATURE OF AGREEMENT. This Agreement constitutes a binding expression of the understanding of the parties with respect to the Lease Agreement and is the sole contract between the parties with respect to the subject matter thereof. There are no collateral understandings or representations or agreements other than those contained herein. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all other agreements and communications however characterized, written or oral, between or on behalf of the parties hereto with respect to the subject matter hereof. This Agreement may only be modified by a written instrument signed by authorized representatives of each of the parties hereto.

SEVERABILITY. It is intended that each paragraph of this Agreement shall be treated as separate and divisible, and in the event that any paragraphs are deemed unenforceable, the remainder shall continue to be in full force and effect so long as the primary purpose of this Agreement is unaffected. 44 A-8542
9 AUTHORITY. Business Partner represents and warrants that Business Partner has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

COUNTERPART EXECUTION: ELECTRONIC DELIVERY. This Agreement may be executed in any number of counterparts which, when taken together, shall constitute one and the same instrument. Executed counterparts of this Agreement may be delivered by PDF email or electronic facsimile transmission and shall have the same legal effect as an “ink-signed” original.

ACKNOWLEDGEMENT AND AGREEMENT
I have read this agreement and agree to its terms.

Business Partner Administrator Signature Date

SITE AGREEMENT
Site Administrator Signature Date

LOCAL EDUCATIONAL AGENCY APPROVAL
LEA Administrator Signature Date
45 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6

DATE: December 5, 2023

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

RECOMMENDATION

That the City Council adopt the following Ordinances amending Chapter 16 of the Oxnard City Code (OCC) to implement the Adopted Amended 6th Cycle of the 2021-2029 Housing Element and find that the adoption of the Ordinances are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and (3) and 15061(b)(3) of the CEQA Guidelines:

2. Ordinance No. 3035 - An Ordinance of the City Council of the City of Oxnard amending the City’s Density Bonus Ordinance in OCC Section 16-410; and

3. Ordinance No. 3036 - An Ordinance of the City Council of the City of Oxnard amending the Emergency Shelter Standards in OCC Section 16-504 and 16-622; and

5. Ordinance No. 3038 - An Ordinance of the City Council of the City of Oxnard amending Reasonable Accommodation requirements in OCC Section 16-501.5; and

7. Ordinance No. 3040 - An Ordinance of the City Council of the City of Oxnard amending the Attached Dwelling Unit standards in OCC Section 16-360.
(This item originated from a Public Hearing at the November 7, 2023 City Council meeting and was previously heard by the Planning Commission, therefore this item did not originate in Committee.)

BACKGROUND

Following a public hearing at the November 7, 2023 City Council meeting, the Council introduced Ordinance Nos. 3034, 3035, 3036, 3037, 3038, 3039, and 3040 with a vote of 7-0 for first reading by title only, waiving further reading. If adopted by City Council on December 5, 2023, the ordinances will take effect thirty days thereafter.

46 STRATEGIC PRIORITIES

This agenda item supports an 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 targeting site-based redevelopment opportunities.

FINANCIAL IMPACT

No financial impacts to the City are associated with the proposed Zone Text Amendment.

COMMITTEE OUTCOME

This item originated from a Public Hearing at the November 7, 2023 City Council meeting and was previously heard by the Planning Commission, therefore this item did not originate in Committee

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

ATTACHMENTS

1. November 7, 2023 City Council Staff Report (w_o attachments)

2. Ordinance No. 3034 - Accessory Dwelling Units

3. Ordinance No. 3035 - Density Bonus

4. Ordinance No. 3036 - Emergency Shelter Standards

5. Ordinance No. 3037 - Streamline, Farmworker Housing, Supportive Housing, Low-Barrier Navigation Center, SRO and Residential Care facilities

6. Ordinance No. 3038 - Reasonable Accommodation

7. Ordinance No. 3039 - DDR, SUP Expiration and Major and Minor Modification to SUP

8. Ordinance No. 3040 - Attached Dwelling Unit standards

47 48
49 50
51 52
53 54
ATTACHMENT2ACCESSORYDWELLINGUNITSTANDARDS

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3034
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC)§16-467ACCESSORY DWELLINGUNITSAND§16-622PARKINGSPACEANDLOADINGREQUIREMENTS, RELATEDTOIMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILED BY CITY OF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC).TheproposedmodificationistoupdatetheAccessoryDwellingUnit(ADU)parkingrequirementsinOCCSections16-468and16-622tocomplywithcurrentStatelaw(GovernmentCode65852.2subd.(a)(1)(D)(xi))thatreplacementofoff-streetparkingspacescannotberequiredwhenADUsarecreatedthroughtheconversionofa garage,carportorcoveredparkingstructureandGovernmentCode65852.2subd.(a)(1)(D)(x)],thatallowsADUparkingspacesonexistingdriveways; andupdatetheimpactfeerequirementsinOCCSection16-467tobeconsistentwithStateADUguidelinesthatADUfeesforADUs750squarefeetshouldbeproportionaltoexistingsinglefamilyoraveragesquarefootageofunitsformultifamilydevelopment;and WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,onSeptember7,2023thePlanningCommissionheldapublichearingontheamendmentstoChapter16oftheOCCtoimplementZoningTextAmendments(ZTA)stipulatedintheadoptedAmended2021-2029HousingElementPrograms6,9,22,27and32andadopteda ResolutionrecommendingthattheCityCouncilapprovePlanning&ZoningPermitNo.23-580-03(ZoneTextAmendment);and WHEREAS,onNovember7,2023,theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelawandencouragingtheorderlydevelopmentofsmallaccessorystructuresand/orbuildingsonresidentiallotsandprovidingresidentswithincreasedflexibilityinprovidingparkingforgarageconversionstoaccommodateADUs. Therearenochangesrecommendedundertheproposed 55 OrdinanceNo.3034[AccessoryDwellingUnitStandards]Page2of6 ZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1.OxnardCityCodeChapter16,ArticleV, Division13entitled“AccessoryDwellingUnits”,Section16-468andArticleX,Division2 “ParkingandLoadingSpaceRequirements”areamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEV.SPECIFICUSEREQUIREMENTS
DIVISION13. ACCESSORYDWELLINGUNITS
SEC.16-467.GENERALSTANDARDSFORALLACCESSORYDWELLINGUNITS.

Exceptasprovidedinsection16-469,("FireSafetyExceptiontoSetbackRequirementsforAccessoryDwellingUnits")orasstipulatedinsection16-467.1,16-467.2,or16-467.3,accessorydwellingunitsshallmeetorexceedallofthefollowingstandards. (A) Functionalareas-Theaccessorydwellingunitshallcomplywithallapplicablehabitabilitystandards.Theaccessorydwellingunitshallcontainanindependentkitchenfacilitythatshallincludethefollowingfeatures:(i)sink;(ii)refrigeratorofmorethanfive-cubicfeetcapacity;and(iii)rangeorcooktop.Theaccessorydwellingunitshallincludeaseparatebathroomwithsink,toilet,andbathingfacility;andseparateorcombinedlivingandsleepingareas. (B) Foundation-Theaccessorydwellingunitshallbeconstructedonapermanentfoundation,complyingtotheCaliforniaBuildingStandardsCode. (C) Architecture-Anattachedordetachedaccessorydwellingunitshallcomplywiththearchitecturalstandardsofsection16-23andshallbeofmaterials,colorsandinastylewhichareeachcompatiblewiththeprimaryresidence,orasreasonableasdeterminedbythedirector. 56 OrdinanceNo.3034[AccessoryDwellingUnitStandards]Page3of6 (D) Publicutilityconnectionfees,meters,andcapacityupgrades-Theaccessorydwellingunitshallbeservedbyadequatepublicutilityfacilitiesincluding,butnotlimitedto,electric,sewer,waterandstreets,ascertifiedbythepublicworksdirector. (1) Accessorydwellingunitsshallnotbeconsideredbyalocalagency,specialdistrict,orwatercorporationtobeanewresidentialuseforthepurposesofcalculatingconnectionfeesorcapacitychargesforutilities,includingwaterandsewerservice. (2) Newutilityconnectionorpaymentofimpactfeesshallnotberequiredforanaccessorydwellingunitoflessthan750grosssquarefeet. (3) Newutilityconnectionorpaymentofimpactfeesshallberequiredforanaccessorydwellingunitof750grosssquarefeetorlargerbasedonthefollowingformula:(a) Calculatefullimpactand/orconnectionfeesbasedonthetotalaccessorydwellingunitsize;(b) Divideaccessorydwellingunitsizeremaindergreaterthan750squarefeetintothetotalsizein(a);(c) Multiply(a)times(b).Anyimpactfeeschargedforanaccessorydwellingunitof750squarefeetormoreshallbechargedproportionatelyinrelationtothesquarefootageoftheprimarydwellingunit.ImpactfeesforanADUof750squarefeetormoreonalotwithamultifamilydwellingshallbechargedattheadoptedmulti-familyrateappropriatefortheconstructiontype.Forpurposesofthisparagraph,“impactfee”doesnotincludeCityofOxnardwaterorsewerconnectionfeesorcapacitycharges.

SEC.16-468.OFF-STREETPARKING.
(A) Parkingrequirements-Therequirementsofcitycodesection 16-622(F)(entitled"ScheduleofVehicle-Off-StreetParkingRequirements")apply,wherenotspecifiedinthissection. (B) Off-streetparkingrequirementsforaccessorydwellingunitsshallnotexceedoneparkingspaceperunitorperbedroom,whicheverisless.Thesespacesmaybeprovidedastandemparking.Theaccessorydwellingunitparkingspace(s)maynotbelocatedintherequiredfrontyardsetback. (C) Off-streetparkingisnotrequiredinanyofthefollowinginstanceswhentheapplicantdemonstratesthat:
(1) Theaccessorydwellingunitislocatedwithinone-halfmilewalkingdistanceofpublictransit,includingtransitstationsandbusstations; (2) Theaccessorydwellingunitislocatedwithinanarchitecturallyandhistoricallysignificanthistoricdistrict; (3) Theaccessorydwellingunitisatype2A,2B,ortype4,constructedentirelywithintheproposedorexistingprimarydwellingunitoranattachedordetachedaccessorystructureand/orgarage; (4) Whenon-streetparkingpermitsarerequiredbythecitybutnotofferedtotheoccupantoftheaccessorydwellingunit;or (5) Whenthereisacarsharevehicleuselocatedwithinoneblockoftheaccessorydwellingunit. (D) Demolishedorconvertedrequiredparkingspaces-Whenarequiredgarage,carport,orcoveredparkingstructurefortheprimarydwellingunitisdemolishedorconvertedinconjunctionwiththeconstructionofanaccessorydwellingunit,noreplacementparkingspacesarerequired.requiredparkingfortheprimarydwellingunitshallbeprovidedontheproperty,outsideofthefrontyardsetback,andonacityapprovedpadorstructure.(Ord.No.2914,2925,2959,2984) ARTICLEX.OFF-STREETPARKING
57 OrdinanceNo.3034[AccessoryDwellingUnitStandards]Page4of6 DIVISION2.PARKINGSPACEANDLOADINGREQUIREMENTS
SEC.16-622.SCHEDULEOFVEHICLEOFF-STREETPARKINGREQUIREMENTS. (F) Thefollowingtableliststheminimumoff-streetparkingrequirementsforthecity.

Uses MinimumOff-StreetParkingRequirements
Notes
Residential:Detachedsingle-familyunits: Detachedsingle-familydwellingwitheither(1)detachedaccessorydwellingunitor(2)theconstructionofadditionalsquarefootagetoaccommodateanattachedaccessorydwellingunit Sameasaboveforthesinglefamilydwelling.Foraccessorydwellingunits:Inadditiontotherequiredparkingforthesinglefamilydwelling,thereshallalsobeanumberofvehicleparkingspacesequaltothegreaterof:(a)one;or(b)thenumberofbedroomsintheaccessorydwellingunit,whicheverisless.Thevehicularaccesstotheparkingareafortheaccessorydwellingunitshallbeatleasttenfeetwideandpaved.Therequiredparkingspace(s)foranaccessorydwellingunitarenotrequiredtobecovered.

Parkingforaccessoryunitsmaybeprovidedeitheras(1)tandemparkingonanexistingdrivewayorinanexistinggarage;or(2)inasetbackarea.Theaccessorydwellingunitparkingspace(s)maynotbelocatedintherequiredfrontyardsetback.Theparkingshallbelocatedonthesamelotastheprimaryresidentialdwellingunit.Thedirectormay,however,disapprovesuchtandem/setbackparkingifthedirectorfindsthatthetandem/setbackparkingisnotfeasiblebaseduponspecificsiteorregionaltopographicalorfireandlifesafetyconditions,orthatitisnotpermittedanywhereelseinthejurisdiction.

Theaccessorydwellingunitparkingspace(s)maynotbelocatedinthefrontyard.Theparkingshallbelocatedonthesamelotastheprimaryresidentialdwellingunit.

Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode. 58 OrdinanceNo.3034[AccessoryDwellingUnitStandards]Page5of6 Section4.ExemptfromCEQA.TheCityCouncildeterminesandfindsthattheadoptionofthisOrdinanceisexemptfromreviewunderthe CaliforniaEnvironmentalQualityAct (“CEQA”)pursuantto Sections15060(c)(2)and(3)and15061(b)(3)oftheGuidelinestotheCaliforniaEnvironmentalQualityActbecausetheactivityiscoveredbythegeneralrulethatCEQAappliesonlytoprojectswhichhavethepotentialforcausingasignificanteffectontheenvironment.Whereit canbeseenwithcertaintythatthereisnopossibilitythattheactivityin questionmayhavea significanteffectontheenvironment,theactivityis notsubjecttoCEQA.Therefore,CEQAdoesnotapplytothisaction.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3034wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
59 OrdinanceNo.3034[AccessoryDwellingUnitStandards]Page6of6 PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3035
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC)§16-410DENSITYBONUS,RELATEDTO IMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILED BY CITY OF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC).

WHEREAS,theproposedmodificationis to updatetheDensityBonusordinancein OCCSection16-410to complywithcurrentStateDensityBonuslaw(GovernmentCode65915et seq.),includinganincreasein allowabledensitybonusup to 50%,an increasein numberof incentives,reductionsin theaffordabilityrequirementsfor incentives,reductionand waiverof parkingrequirementsundercertaincircumstances,removalofthecommoninterestrequirementforfor-saledevelopment,andotherrevisionstotheStateDensityBonuslaw. ThismodificationalsoupdatesthenumberingwithinSection16-410fromlettersdenotingsubsections(16.410A,16-410B,etc.)tonumbers(16-410.1,16-410.2,etc.)tobeconsistentwiththenumberingformatformostsectionsinChapter16; and WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,on September7, 2023the PlanningCommissionhelda publichearingon theamendmentsto Chapter16 of theOCCto implementZoningTextAmendments(ZTA)stipulatedin theadoptedAmended2021-2029HousingElementPrograms6, 9, 22,27and32andadopteda Resolutionrecommendingthatthe CityCouncilapprovePlanning& ZoningPermitNo.23-580-03(ZoneTextAmendment);withthefollowingrecommendedrevisions:1. Minortextrevisionsidentifiedbystaff inanAttachmenttothePlanningCommissionatthehearingonSeptember7,2023,basedoncommunityinput;and2. RevisedraftOCCSection16-441.3(C)torequireanon-sitemanagerforSRODevelopmentof16ormoreunitsandoff-siteoron-sitemanagementforSRODevelopmentwithlessthan16units;and3. ReviseOCCSection16-622existingoff-siteparkingrequirementsforGroupquarterstylefacilitiesfromonespaceforevery4farmworkerstoonespaceforeverysixfarmworkers;and4. ReviseOCCSection16-622draftoff-siteparkingrequirementforSRODevelopmenttoremove 61 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page2of23 allvehicleparkingrequirementsandonlyrequireonelongtermbicyclestoragespaceperunit; and WHEREAS,onNovember7,2023, theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelawandencouragingdevelopmentofaffordablehousingincompliancewithcurrentStateDensityBonuslaw. TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1. OxnardCityCodeChapter16,ArticleIV, Division7Aentitled“DensityBonusandRelatedIncentivesandConcessionsProgram”,Section16-410etseq.isamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

DIVISION7A. DENSITYBONUSANDRELATEDINCENTIVESANDCONCESSIONSPROGRAM 16-410A.1. Purpose16-410B.2.Definitions16-410C.3. Eligibilityfordensitybonusesandincentives16-410D.4.Fees16-410E.5.Applicationrequired16-410F.6.Contentofapplication16-410G.7.Effectofproposalforwaiverorreductionofdevelopmentstandards16-410H.8.Densitybonusallowanceforhousingdevelopmentwithaffordablehousingcomponent16-410I.9.Densitybonusforhousingdevelopmentwithaffordablehousingcomponentandchildcarefacility16-410J.10.Densitybonusforseniorcitizenhousingdevelopment16-410K.11. Densitybonusforlanddonation16-410L.12. Affordablehousingincentives 62 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page3of23 16-410M.13.Numberofincentivesgranted16-410N.14. Criteriafordenialofapplicationforincentives16-410O.15. Waiverormodificationofdevelopmentstandards16-410P.16. Parkingstandardmodificationsforqualifiedhousingdevelopments16-410Q.17. Densitybonusandaffordablehousingincentiveprogram16-410R.18. Determinationondensitybonusandaffordablehousingincentiveprogramrequests16-410S.19. Affordablehousingagreementandequitysharingagreement16-410T.20.Densitybonusorincentiveforcondominiumconversionprojects16-410U.21. Enforcementprovisions16-410V.22. Burdenisonapplicant ARTICLEV.SPECIFICUSEREQUIREMENTS
DIVISION7A.DENSITYBONUSANDRELATED INCENTIVESANDCONCESSIONSPROGRAM SEC.16-410A.1.PURPOSE.

ThepurposeofthisDivision7AistomeettherequirementssetforthinCal.Gov’tCode,Section65915 etseq.(knownastheStateDensityBonusLaw).IfanyprovisionofthisDivision7AconflictswithStatelaw,orprovidesmorerightsthanarelegallyrequiredbyStatelaw,theminimumrequirementsofStatelawshallcontrol. (Ord.No.2912)
SEC.16-410B.2.DEFINITIONS.

InadditiontothedefinitionsinsSection 16-10,thefollowingdefinitionsapplytothisdivisionandshallcontroloveranyconflictingdefinitionsinsSection 16-10.Statelawdefinitions,astheymaybeamendedfromtimetotime,controloverthedefinitionsinthissSection.WherethedefinitionsareprovidedbyStatelaw,thecitationtothestatutefollows. (A) AFFORDABLEHOUSINGAGREEMENT-anagreementbetweentheCityofOxnardandthedeveloperpursuanttoSection16-410.19. (AB) AFFORDABLEHOUSINGBENEFITS-Oneormoreofthefollowing:
(1) AdensitybonuspursuanttosSection 16-410.8;
(2) AnincentivepursuanttosSection 16-410.12;
(3) AdevelopmentstandardwaiverormodificationpursuanttosSection 16-410.15;and (4) AparkingstandardmodificationpursuanttosSection 16-410.16. (BC) AFFORDABLEHOUSINGCOST-ThedefinitionsetforthinCal.HealthandSafetyCode,Section50052.5.(Cal.Gov’tCode,Section65915(c)(2)) (CD) AFFORDABLEHOUSINGDEVELOPER-Theapplicantorpermitteeofaqualifiedhousingdevelopmentanditsassigneesorsuccessorsininterest. (DE) AFFORDABLERENT-ThedefinitionsetforthinCal.HealthandSafetyCode,Section50053(b).(Cal.Gov’tCode,Section65915(c)(1)) 63 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page4of23 (EF) AFFORDABLEUNIT-Aresidentialdwellingunitthatisguaranteedbytheaffordablehousingdevelopertoberentedorsoldinaccordancewiththerequirementsofthisdivisiontooneofthefollowing:
(1) Averylowincomehousehold;
(2) Alowerincomehousehold(Cal.HealthandSafetyCodeSection50079.5);or (32) Amoderateincomehouseholdwithinacommoninterestfor-saledevelopment(Cal.Gov’tCode,Section65915(c)(l)-(c)(2)). (3)Astudenthousingrentalbedforalowerincomestudent,anditsproratashareofassociatedcommonareafacilities.(Cal.Gov’tCode,Section65915(b)(1)(F)(ii) (FG) APPROVALAUTHORITY-ThepersonorbodywithinthecCitywhoisauthorizedtoprovidediscretionaryapprovalorministerialapprovalofahousingdevelopment.Ifmultiplepersonsorapprovalbodiesareauthorizedtomakeoneormoresuchapprovals,thenthepersonorbodywiththehighestauthorityshallbedeemedtheapprovalauthority. (GH) CHILDCAREFACILITY-Achilddaycarefacilityotherthanafamilydaycarehome,includingbutnotlimitedtoinfantcenters,preschools,extendeddaycarefacilities,andschoolagechildcarecenters(Cal.Gov’tCode,Section65915(h)(4)). (HI) CITY-TheCityofOxnardoritsdesignee.
(IJ) COMMONINTERESTDEVELOPMENT-Anyofthefollowing:acommunityapartmentproject,acondominiumproject,aplanneddevelopment,orastockcooperativepursuanttoCal.CivilCode,Section4100.Allcommoninterestdevelopmentunitsmustbeofferedtothepublicforpurchase(Cal.Gov’tCode,Section65915(b)(1)(D)). (JK) CONDOMINIUMCONVERSIONPROJECT-AresidentialprojectinwhichtheapplicantproposestoconvertapartmentunitstocondominiumspursuanttoCal.Gov’tCode,Section65915.5(a). (KL) DENSITYBONUS-ExceptasusedinsSection 16-410.20,CondominiumConversionProjects,adensityincreaseovertheotherwisemaximumallowableresidentialdensityasofthedateofapplicationtothecCityforaqualifiedhousingdevelopment.(CalGov’tCode,Section65915(f))Asusedinsection 16-410.20,"densitybonus"shallbedefinedassetforthinsSection 16-410.2(Cal.Gov’tCode,Section65915.5(b)) (LM) DENSITYBONUSUNITS-Dwellingunitsgrantedpursuanttosection 16-410H Cal.Gov’tCode,Section65915whichexceedtheotherwisemaximumallowableresidentialdensity. (MN) DEVELOPER - Theapplicant or permitteeof aqualifiedhousingdevelopment andits assignees or successors ininterest. (NO) DEVELOPMENTSTANDARD-Asiteorconstructioncondition,including,butnotlimitedto,aheightlimitation,asetbackrequirement,afloorarearatio,anon-siteopen-spacerequirement,oraparkingratio,thatappliestoaresidentialdevelopmentpursuanttothezoningordinance,thegeneralplan,specificplanorothercitycondition,law.policy,resolution,orregulation(Cal.Gov’tCode,Section65915(o)(l2)). (P) DOMESTICPARTNER- Thedefinitionset forthinCaliforniaFamilyCodeSection297. Anindividualisconsideredadomestic partner of theowner bypresentingtheDeclarationofDomesticPartnershipfiledwiththeCaliforniaSecretaryofState(Cal.FamilyCodeSection297). (Q) EQUITYSHAREAGREEMENT-AnagreementbetweentheCityofOxnardandtheinitialbuyerofanaffordableunitofferedforsalepursuanttoSection16-410.19. 64 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page5of23 (NR) HOUSINGDEVELOPMENT-Adevelopmentprojectoffiveormoreresidentialunits,includingmixed-usedevelopments.ThisalsoincludesasubdivisionorcommoninterestdevelopmentthatisapprovedbythecCityandconsistsofresidentialunitsorunimprovedresidentiallotsandeitheraprojecttosubstantiallyrehabilitateandconvertanexistingcommercialbuildingtoresidentialuseorthesubstantialrehabilitationofanexistingmultifamilydwellingwheretheresultoftherehabilitationwouldbeanetincreaseinavailableresidentialunits.Theresidentialunitswithinahousingdevelopmentshallbeoncontiguoussitesthatarethesubjectofonedevelopmentapplication,butdonothavetobebaseduponindividualsubdivisionmapsorparcels. (Cal.Gov’tCode,Section65915(i)) (S) HOUSING RELATED COST (PURCHASER) - The definitionset forthinCaliforniaCodeof Regulations Section6920.Housing related cost is inclusive of mortgage loan payments, mortgage insurance payments, property taxes andassessments, homeowner associationfees, reasonableutilities allowance, insurancepremiums, maintenancecosts,andspacerentifthehousingunitissituatedonrentedland. (OT) HOUSEHOLDINCOMECATEGORYDEFINITIONS (1) ACUTELYLOWINCOMEHOUSEHOLDS-Personsandfamilieswhoseincomesdonotexceedfifteenpercent(15%)of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for familysizeandrevisedannually,asdefinedinCal.HealthandSafetyCode,Section50063.5,asmaybeamended.(2) EXTREMELY LOWINCOME HOUSEHOLDS - Persons and families whose incomes do not exceed thirty percent(30%) of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size andrevisedannually,asdefinedinCal.HealthandSafetyCode,Section50106,asmaybeamended. (13) VERYLOWINCOMEHOUSEHOLD-AhouseholdPersonsandfamilieswhoseincomedoesnotexceedfiftypercent(50%)ofthecounty'smedianhouseholdincomeVenturaCountyMetropolitanStatisticalArea,adjustedforfamilysizeandrevisedannually,asdefinedinCal.HealthandSafetyCode,Section50105.(Cal.Gov’tCode,Section65915(b)(1)(B)) (24) LOWINCOMEHOUSEHOLD-Ahouseholdwhoseincomedoesnotexceedeightypercent(80%)ofthecounty'smedianhouseholdincomeVenturaCountyMetropolitanStatisticalArea,adjustedforfamilysizeandrevisedannually, asdefinedinCal.HealthandSafetyCode,Section50079.5.(Cal.Gov’tCode,Section65915(b)(1)(A)) (5) LOWER INCOME HOUSEHOLDS - Includes acutely lowincome households, extremelylowincomehouseholds,very lowincome households andlowincomehouseholds whosegross incomes areeightypercent (80%) or less of theareamedianincomefor theVenturaCountyMetropolitanStatistical Area, adjustedfor familysizeandrevisedannually,pursuanttoCaliforniaHealthandSafetyCodeSection50079.5and50105,asmaybeamended. (36) MODERATEINCOMEHOUSEHOLD-Personsorfamilieswhoseincomedoesnotexceed120%ofthecounty'smedianhouseholdincomeVenturaCountyMetropolitanStatisticalArea,adjustedforfamilysizeandrevisedannually,asdefinedinCal.HealthandSafetyCode,Section50093.(Cal.Gov’tCode,Section65915(b)(1)(D)) (PU) INCENTIVE-"Incentivesandconcessions"asthatphraseisusedinCal.Gov’tCode,Section65915(k). (QV) MARKET-RATEUNIT-Adwellingunitthatisnotanaffordableunit. (RW) MAXIMUMALLOWABLERESIDENTIALDENSITY-Thedensityallowedundertheapplicablezoningordinanceandthelanduseelementofthegeneralplan,orifarangeofdensityispermitted,meansthemaximumallowabledensityforthespecificzoningrangeandlanduseelementofthegeneralplanapplicabletotheproject.Wherethedensityallowedunderthezoningordinanceisinconsistentwiththedensityallowedunderthelanduseelementofthegeneralplan,thegeneralplandensityshallprevail.(Cal.Gov’tCode,Section65915(d)(2)(o)(6)) (SX) MINIMUMAFFORDABLEHOUSINGCOMPONENT-Ahousingdevelopmentprojectwhichincludesaminimumofanyofthefollowing:affordablehousingasidentifiedinCal.Gov’tCode,Section65915(b) 65 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page6of23 (1) VERYLOWINCOMEMINIMUMAFFORDABLEHOUSINGCOMPONENT-Providesatleast5%ofthetotalunitsfortoverylowincomehouseholdresidents(Cal.Gov’tCode,Section65915(b)(1)(B));or (2) LOWINCOMEMINIMUMAFFORDABLEHOUSINGCOMPONENT-Providesatleast10%ofthetotalunitsforlowtoincomehouseholds(Cal.Gov’tCode,Section65915(b)(1)(A));or (3) MODERATEINCOMEMINIMUMAFFORDABLEHOUSINGCOMPONENT-Providesatleast10%ofthetotaldwellingunitsinacommoninterestdevelopmentformoderateincomehouseholds(Cal.Gov’tCode,Section65915(b)(1)(D)). (4) ASENIORCITIZENHOUSINGDEVELOPMENT-Asthattermisdefinedinsection 16-410.2.(Cal.Gov’tCode,Section65915(b)(1)(C)) (5) Tenpercentofthetotalunitsofahousingdevelopmentfortransitionalfosteryouth,asdefinedinCal.EducationCode,Section66025.9,ordisabledveterans,asdefinedinCal.Gov’tCode,Section18541,orhomelesspersons,asdefinedinthefederalMcKinney-VentoHomelessAssistanceAct(42U.S.C.Sec.11301 etseq.).Theunitsdescribedinthisdivision(R)(5)shallbesubjecttoarecordedaffordabilityrestrictionof55yearsandshallbeprovidedatthesameaffordabilitylevelasverylowincomeunits.(Cal.Gov’tCode,Section65915(b)(1)(E)) (Y) MAJORTRANSITSTOP-asitecontaininganyofthefollowing:(a) Anexistingrailorbusrapidtransitstation;or(b) Theintersectionoftwoormoremajorbusrouteswithafrequencyofserviceintervalof15minutesorlessduringthemorningandafternoonpeakcommuteperiods,asdefinedinsubdivision(b)ofSections21155and21064.3ofthePublicResourcesCode.“Locatedwithinone-halfmileofamajortransitstop”meansanypointonaproposeddevelopmentiswithinone-halfmileofanypointonthepropertyonwhichamajortransitstopislocated,includinganyparkinglotownedbythetransitauthorityorotherlocalagencyoperatingthemajortransitstop.Unobstructedaccesstothemajortransitstopmeansaresidentisabletoaccessthemajortransitstopwithoutencounteringnaturalorconstructedimpediments.Forpurposesofthissubparagraph,“naturalorconstructedimpediments”includes,butisnotlimitedto,freeways,rivers,mountains,andbodiesofwater,butdoesnotincluderesidentialstructures,shoppingcenters,parkinglots,orrailsusedfortransit.(Cal.Gov’tCode,Sections65915(o)(2),65915(o)(4)and65915(p)(2)). (TZ) OTHERINCENTIVESOFEQUIVALENTFINANCIALVALUE-ThereductionorwaiverofrequirementswhichthecCitymightotherwiseapplyasconditionsofcondominiumconversionapproval,butshallnotbeconstruedtorequirethecCitytoprovidecashtransferpaymentsorothermonetarycompensation.(Cal.Gov’tCode,Section65915.5(c)) (UAA) QUALIFIEDHOUSINGDEVELOPMENT-AhousingdevelopmentthatmeetstherequirementsofsSection 16-410.3 fordensitybonus. (VBB) QUALIFIEDLAND-LandofferedfordonationinaccordancewithsSection 16-410.11 thatmeetsthecriteriasetforthinsSection 16-410.11. (CC) RENT - The definition set forth in Cal. Code of Regulations, Section 6918. Monthly rent shall be an averageofestimatedcosts forthenexttwelvemonths.Rentisinclusiveofthetotalofmonthlypaymentsforarentalorcooperativeunitfor:(1) Useandoccupancyofahousingunitandlandandfacilitiesassociatedtherewith.(2) Any separately charged fees or service charges assessed bythelessor whicharerequiredof all tenants, otherthansecuritydeposits.(3) A reasonable allowancefor utilities not includedin(1) or (2) above, includinggarbagecollection, sewer, water,electricity, gas, andother heating, cookingandrefrigerationfuels. Utilities does not includetelephoneservice. Suchanallowanceshalltakeintoconsiderationthecostofanadequatelevelofservice. 66 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page7of23 (4) Possessory interest, taxes, or other fees or charges assessed for use of the land and facilities associatedtherewithbyapublicorprivateentityotherthanthelessor. (WDD) SENIORCITIZENHOUSINGDEVELOPMENT-AresidentialdevelopmentasdefinedinCal.CivilCode,Sections51.3and51.12,oramobilehomeparkthatlimitsresidencybasedonagerequirementsforhousingforolderpersonspursuanttoCal.CivilCode,Sections798.76or799.5.(Cal.Gov’tCode,Section65915(b)(1)(C)) (XEE) SENIORCITIZENHOUSINGDEVELOPMENTUNIT-Aresidentialdwellingunitwithinaseniorcitizenhousingdevelopmentthatisavailableto,andoccupiedby,aseniorcitizenasdefinedinCal.CivilCode,Section51.3.(Cal.Gov’tCode,Section65915(b)(1)(C)) (YFF) SPECIFIC,ADVERSEIMPACT-Asignificant,quantifiable,direct,andunavoidableimpact,basedonobjective,identifiedwrittenpublichealthorsafetystandards,policies,orconditionsastheyexistedonthedatetheapplicationforthehousingdevelopmentwasdeemedcomplete.Inconsistencywiththezoningordinanceorgeneralplanlandusedesignationshallnotconstituteaspecific,adverseimpactuponthepublichealthorsafety.(Cal.Gov’tCode,Section65589.5(d)(2)) (ZGG) TOTALUNITSANDTOTALDWELLINGUNITS-ConsistentwithCal.Gov’tCodeSection65915(o)(8),forthepurposeofthisordinanceonly,Ddwellingunitsotherthandensitybonusunitsawardedpursuanttothisdivision.(Cal.Gov’tCode,Section65915(b)(3)) (AAHH) ZONINGORDINANCE-Chapter16and17oftheCityofOxnardMunicipalCode. (Ord.No.2912;3002)
SEC.16-410C.3.ELIGIBILITYFORDENSITYBONUSESANDINCENTIVES.

Densitybonusesareavailabletoaffordablehousingdevelopersinaccordancewiththisdivisionforadevelopmentthatwillcontainatleastoneofthefollowing:
(A) HousingdevelopmentswhichincludeaminimumaffordablehousingcomponentasidentifiedinCal.Gov’tCode,Section65915(b),pursuantto(sSection 16-410.8 andsSection(A)); (B) Housingdevelopmentswhichincludeaminimumaffordablehousingcomponentandachildcarefacility(section 16-410I); (C) SeniorcitizenhousingdevelopmentsasidentifiedinCal.Gov’tCode,Section65915(b)(1)(C)andpursuantto(sSection 16-410.10);and (D) LanddonationsforverylowincomehousingasidentifiedinCal.Gov’tCode,Section65915(g)(section 16-410K). (C) (E) TenpercentofthetotalunitsofaAhousingdevelopmentthatincludesaminimumhousingcomponentarefortransitionalfosteryouth(asdefinedinCal.EducationCode,Section66025.9),disabledveterans(asdefinedinCal.Gov’tCode,Section18541),orhomelesspersons(asdefinedinthefederalMcKinney-VentoHomelessAssistanceAct;42U.S.C.Sec.11301 etseq.)asidentifiedinCal.Gov’tCode,Section65915(b)(1)(E).Theunitsdescribedinthissubparagraphdivision(E)shallbesubjecttoarecordedaffordabilityrestrictionoffifty-five(55)yearsandshallbeprovidedatthesameaffordabilitylevelasverylowincomeunits.(Cal.Gov’tCode,Section65915(b)(1)(E)); (D) StudenthousingdevelopmentsasidentifiedinCal.Gov’tCode,Section65915(b)(1)(F)andsubjecttotherequirementstherein; 67 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page8of23 (E) Housingdevelopmentsthatincludes100%ofallunitsinthedevelopment,includingtotalunitsanddensitybonusunits,areforlowerincomehouseholds,exclusiveofamanager’sunitorunits,anduptotwentypercent(20%)oftheunitsinthedevelopmentmaybeaffordabletomoderate-incomehouseholds(Cal.Gov’tCode,Section65915(b)(1)(G)); (F) Housingdevelopmentsthatincludeaminimumaffordablehousingcomponentandachildcarefacility,pursuantto(Section 16-410.9); (G) LanddonationsforverylowincomehousingasidentifiedinCal.Gov’tCode,Section65915(g),pursuantto(sSection 16-410.11). (H) Forthepurposeofcalculatingadensitybonus,theresidentialunitsmustbeoncontiguoussitesthatarethesubjectofonedevelopmentapplication,butdonothavetobebaseduponindividualsubdivisionmapsorparcels.

NotwithstandinganylanguageinthisDivision7AtothecontraryandconsistentwiththeSecondAppellateDistrictcaseof KalnelGardensv.CityofLosAngeles (2016)3Cal.App.5th927,withinthecoastalzone.DensitybonusesshallnotbeavailabletoaffordablehousingdevelopersifthecCityfindsthattheproposedprojectcannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (Ord.No.2912)
SEC.16-410D.4.FEES.

AnapplicationforadensitybonuspermitshallbeaccompaniedbythefeesetbyresolutionofthecCitycCouncil. (Ord.No.2912)
SEC.16-410E.5.APPLICATIONREQUIRED.

WhenanapplicantseeksadensitybonusforahousingdevelopmentthatmeetsthecriteriasetoutinsSection 16-410.8 (Cal.Gov’tCode,Section65915)theaffordablehousingdevelopermustcomplywithallofthefollowingrequirements:
(A) TheapplicantshallfileanapplicationforadensitybonuspermitinaccordancewithsSections 16-410.5 and 16-410.6 thatincludesaminimumaffordablehousingcomponent,whetherornottheprojectalsorequiresorhasbeengrantedaspecialusepermitorotherpermitsorapprovals.(Cal.Gov’tCode,Section65915(b)(l)) (B) Stateintheapplicationthespecificminimumaffordablehousingcomponentproposedforthehousingdevelopment.(Cal.Gov’tCode,Section65915(b)(2)) (C) EnterintoanagreementwiththecCityoritsdesigneepursuanttosSection 16-410.19 tomaintainandenforcetheaffordablehousingcomponentofthehousingdevelopment.(Cal.Gov’tCode,Section65915(c)) (Ord.No.2912)
SEC.16-410F.6.CONTENTOFAPPLICATION.
(A) Theapplicationforadensitybonuspermitshallincludethefollowinginformation:
(1) Adescriptionoftheproject,includingthenumberofdwellingunits,thenumberofaffordableunitsandlevelofaffordability,thetotalnumberofunitsinthedevelopmentbynumberofbedrooms, andthelocationoftheaffordableunits; 68 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page9of23 (2) Adescriptionofthedensitybonusandtheincentivesorconcessionsrequested,ifany,inaccordancewithsSections 16-410.8 thru 16-410.13 (Cal.Gov’tCode,Section65915(b)(2)(d)(l)); (3) Forparkingstandardmodificationrequests,thattherequirementsofsSection16-410.16 16-426 aremet(Cal.Gov’tCode,Section65915(p)); (4) Thelocation,design,andphasingcriteriarequiredbysSection 16-410.17,includinganyproposeddevelopmentstandard(s)modificationsorwaiverspursuanttosSection 16-410.15; (5) AnyproposalforthewaiverorreductionofdevelopmentstandardswhichwaiverorreductionisrequiredtoallowthecCitytoavoidphysicallyprecludingtheconstructionofadevelopmentmeetingthecriteriaofCal.Gov’tCode,Section65915(b)atthedensitiesorwiththeconcessionsorincentivespermittedbythestatute; (6) Theproposedmethodofensuringthecontinuedaffordabilityofalllow,verylowrentalunits,orseniorunits,orchildcarefacilities,thatqualifiedtheapplicantfortheawardofthedensitybonusforatleastfifty-five(55)yearsoralongerperiodoftimeifrequiredbytheconstructionormortgagefinancingassistanceprogram,mortgageinsuranceprogram,orrentalsubsidyprogram,asrequiredbyCal.Gov’tCode,Section65915(c)(1);and (7) Otherinformationreasonablyrequestedbycitystaffneededtoestablisheligibilityforarequesteddensitybonus,incentivesorconcessions,ortodemonstratethattheincentivemeetsthedefinitionofidentifiableandactualcostreductionstoprovideforaffordablehousingcostsoraffordablerents. (B) FortheapplicationforadensitybonuspermitforthedonationofqualifiedlandpursuanttosSection16-410.11,theapplicationmustshowthelocationofthequalifiedlandinadditiontoincludingsufficientinformationtoestablishthateachrequirementofthatsectionhasbeenmet.(Cal.Gov’tCode,65915(g)(2)) (C) TheapplicationforadensitybonuspermitforahousingdevelopmentwithachildcarefacilitythatconformstotherequirementsofsSection 16-410.9 and/orsSection 16-410.12.(Cal.Gov’tCode,Section65915(b))andincludesachildcarefacilitythatwillbelocatedonthepremisesof,aspartof,oradjacentto,theproject,shallshowthelocationandsquarefootageofthechildcarefacilityinadditiontoincludingsufficientinformationasonhowtheapplicantproposestoregulateattendanceatthechildcarefacilitytoconformtotherequirementsofCal.Gov’tCode,Section65915(h)(2)(B). (D) AnapplicationforadensitybonuspermitwillnotbeprocesseduntilalloftheprovisionsofthisDivision7Aarecompliedwithandshallbeprocessedconcurrentlywithotherrequiredentitlementsforwhichtheaffordablehousingbenefitissought. (E) Approvalofadensitybonuspermit,incentives,concessionsorwaiversshallbemadebytheapprovalauthoritywithinthecCitythatisauthorizedtoapprovetheassociateddiscretionaryapprovalorministerialapprovalfortheunderlyingdevelopmentpermitforthehousingdevelopment.Theapprovalofthedensitybonusapplicationisnon-discretionaryunlessthecCityadoptswrittenfindingsjustifyingthedenialofthedensitybonusapplication.Theapprovalauthority'sdecisionshallonlybeappealableifthepermitisdenied.Anappealshallbegrantediftheapprovalauthority'sdecisiondoesnotincludewrittenfindingsorifthewrittenfindingsdonotjustifythedenialconsistentwithstateorlocallaw. (Ord.No.2912,3002)
SEC.16-410G.7.EFFECTOFPROPOSALFORWAIVERORREDUCTIONOFDEVELOPMENTSTANDARDS.

AproposalforawaiverorreductionofdevelopmentstandardsshallneitherreducenorincreasethenumberofincentivesorconcessionstowhichtheapplicantisentitledpursuanttoCal.Gov’tCode,Section65915(e)(2). 69 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page10of23 (Ord.No.2912)
SEC.16-410H.8.DENSITYBONUSALLOWANCEFORHOUSINGDEVELOPMENTWITHAFFORDABLEHOUSINGCOMPONENT.

IftherequirementsofsSection 16-410.3 aremet,thentheaffordablehousingdeveloperisentitledtoadensitybonuspursuanttoCal.Gov’tCode,Section65915(f).Theamountofdensitybonustowhichtheapplicantisentitledshallvaryaccordingtotheamountbywhichthepercentageofaffordableunitsofferedbytheapplicantexceedsthepercentageoftheminimumaffordablehousingcomponent;theapplicantmayalsoelecttoacceptalesserpercentageofdensitybonusornoincreaseindensity(Cal.Gov’tCode,Section65915(f).Alldensitycalculationsresultinginfractionalunitsshallberoundeduptothenextwholenumber.(Cal.Gov’tCode,Section65915(f)(5).Developersofhousingunderthisdivisionarenoteligibletorequesttomakein-lieuaffordablehousingpaymentinsteadofprovidingaffordablehousingunits. (Ord.No.2912)
SEC.16-410I.9.DENSITYBONUSFORHOUSINGDEVELOPMENTWITHAFFORDABLEHOUSINGCOMPONENTANDCHILDCAREFACILITY. (A) Criteria-ForadensitybonustobegrantedpursuanttosSection 16-410.9(B)forhousingdevelopmentwithaminimumaffordablehousingcomponentwithandachildcarefacilityinahousingdevelopment,allofthefollowingmustbesatisfied:
(1) Compliancewitheachoneoftheminimumeligibilityrequirementsidentifiedinsection 16-410C.(Cal.Gov’tCode,Section65915(h)(1))Cal.Gov’tCode,Section65915(b), (2) Thehousingdevelopmentmustincludeachildcarefacilitythatwillbelocatedonthepremisesof,aspartof,oradjacentto,thehousingdevelopment.(Cal.Gov’tCode,Section65915(h)(1)) (3) Approvalofthehousingdevelopmentmustbeconditionedtoensurethatbothofthefollowingoccur:
(a) ThechildcarefacilitymustremaininoperationforaperiodoftimethatisaslongasorlongerthantheperiodoftimeduringwhichtheaffordableunitsarerequiredtoremainaffordablepursuanttosSection16-410.19(Cal.Gov’tCode,Section65915(h)(2)(A)). (b) Ofthechildrenwhoattendthechildcarefacility,thechildrenofverylowincomehouseholds,lowincomehouseholds,ormoderateincomehouseholdsmustequalapercentagethatisequaltoorgreaterthanthepercentageofdwellingunitsthatarerequiredundertherespectiveminimumaffordablehousingcomponentincomecategoryforwhichthedensitybonusissought(Cal.Gov’tCode,Section65915(h)(2)(B)). (4) ThecCityhasnotmadeafindingbaseduponsubstantialevidencethatthecommunityhasadequatechildcarefacilities.(Cal.Gov’tCode,Section65915(h)(3)) (B) Densitybonusallowance-IftherequirementsofSection16-410.9(A)aremet,thenanapplicantforahousingdevelopmentwithanaffordablehousingcomponentandchildcarefacilityisentitledto:
(1) Adensitybonuspursuanttosection16-410H;and
(2) Anadditionaldensitybonusthatisanamountofsquarefeetofresidentialspacethatisequaltoorgreaterthantheamountofsquarefeetinthechildcarefacility.(Cal.Gov’tCode,Section65915(h)(1)(A)) (2) Anadditionalconcessionorincentivethatcontributessignificantlytotheeconomicfeasibilityoftheconstructionofthechildcarefacility.(Cal.Gov’tCode,Section65915(h)(1)(B)) 70 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page11of23 (Ord.No.2912)
SEC.16-410J.10.DENSITYBONUSFORSENIORCITIZENHOUSINGDEVELOPMENT.

AnapplicantforaseniorcitizenhousingdevelopmentoramobilehomeparkthatlimitsresidencybasedonagerequirementsforhousingforolderpersonspursuanttoCal.CivilCode,Sections798.76or799.5isentitledtoadensitybonusof20%offorthenumberofseniorcitizenhousingdevelopmentunitsasidentifiedinCal.Gov’tCode,Section65915(f)(3)(A).(Cal.Gov’tCode,Sections65915(b)(1)(C)and65915(f)(3)(A)) Toqualifyasaseniorunit,atleastthirty-five(35)seniorcitizenhousingdevelopmentunitsaremaintainedandavailableforrentorsaletoseniorcitizensasdefinedinCal.CivilCode,Section51.3.

SEC.16-410K.11.DENSITYBONUSFORLANDDONATION.

Foradensitybonusforaqualifiedlanddonationtobegranted,alloftherequirementsofStatelaw,asitmaybeamendedfromtimetotime,shallbemet.SeeCal.Gov’tCode,Section65915(g).Forqualifyingdonations,thecityshallawarda15%densitybonusasidentifiedinCal.Gov’tCode,Section65915(g)(1)inadditiontoanydensitybonusearnedpursuanttothisDivision,butinnoeventshallthetotaldensitybonusfromallsourcesexceed35%fiftypercent(50%).(Cal.Gov’tCode,Section65915(g)(2)) SEC.16-410L.12AFFORDABLEHOUSINGINCENTIVES.

Cal.Gov’tCode,Sections65915(d),(j),(k)and(l)governthefollowingprovisionsregardingaffordablehousingincentives.SubjecttosSection 16-410.14,allofthefollowingapplicablerequirementsmustbesatisfiedtobegrantedanincentive(s)pursuanttosSections 16-410.12(B)and16-410.13:
(A) TheapplicantforanincentivemayalsobeanapplicantforadensitybonusandmustqualifyforadensitybonuspursuanttosSection 16-410.3 (Cal.Gov’tCode,Section65915(d)(l)). (B) Aspecificwrittenproposalforanincentive(s)mustbesubmittedwiththeapplicationfordensitybonusinaccordancewithsSection 16-410.6 (Cal.Gov’tCode,Sections65915(b)(1)and(d)(1)).Theapplicant'sproposalmaysubsequentlybeamendedorsupplementedbasedonprojectdesignorotherchangesrequestedbythecCity;provided,however,thatthecityshallhaveadditionaltimetoreviewtherequestedchanges. (C) Ifanincentive(s)pursuanttosSections 16-410.12 and 16-410.13 issought,theapplicantmustestablishthateachrequestedincentivewouldresultinidentifiableandactualcostreductionsforthequalifiedhousingdevelopmentorforrentsforthequalifiedaffordabledwellingunits.(Cal.Gov’tCode,Sections65915(k)(1)and(3)). (D) Ifanincentive(s)formixed-usezoninginconjunctionwithahousingprojectissought,theapplicantmustestablishthatrequirementsofStatelawaremet.(Cal.Gov’tCode,Section65915(k)(2)) (E) IfanadditionalincentiveforachildcarefacilityissoughtpursuanttosSection 16-410.13(D),theapplicantmustestablishthatrequirementsofthatsectionaremet. (F) Thegrantingofanincentiveshallnotbeinterpreted,inandofitself,torequireageneralplanamendment,localcoastalplanamendment,zoningchange,studyorotherdiscretionaryapproval.(Cal.Gov’tCode,Section65915(j))Anincentiveisapplicableonlytotheprojectforwhichitisgranted.Forpurposesofthisdivisionsubsection(F),"study"doesnotincludereasonabledocumentationtoestablisheligibilityfortheincentiveortodemonstratethattheincentivemeetsthedefinitionofidentifiableandactualcostreductionstoprovideforaffordablehousingcostsoraffordablerents. (Ord.No.2912)
SEC.16-410M.13NUMBEROFINCENTIVESGRANTED.
71 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page12of23 SubjecttosSection 16-410.14,theapplicantwhomeetstherequirementsofsSection 16-410.12(A)shallreceivethefollowingnumberofincentivesdescribedbelowandasshowninTable16-410.13. (A) Oneincentiveforqualifiedhousingdevelopmentprojectsthatincludeatleasttenpercent(10%)ofthetotalunitsforlowincomehouseholds,atleastfivepercent(5%)forverylowincomehouseholds,oratleasttenpercent(10%)forpersonsandfamiliesofmoderateincomehouseholdsinacommoninterestdevelopmentinwhichtheunitsareforsale.(Cal.Gov’tCode,Section65915(d)(2)(A)) (B) Twoincentivesforqualifiedhousingdevelopmentprojectsthatincludeatleast20%seventeenpercent(17%)ofthetotalunitsforlowincomehouseholds,atleasttenpercent(10%)forverylowincomehouseholds,oratleasttwentypercent(20%)forpersonsandfamiliesofmoderateincomehouseholdsinacommoninterestdevelopmentinwhichtheunitsareforsale.(Cal.Gov’tCode,Section65915(d)(2)(B)) (C) Threeincentivesforqualifiedhousingdevelopmentprojectsthatincludeatleast30%twenty-fourpercent(24%)ofthetotalunitsforlowincomehouseholds,atleastfifteenpercent(15%)forverylowincomehouseholds,oratleastthirtypercent(30%)forpersonsandfamiliesofmoderateincomehouseholdsinacommoninterestdevelopmentinwhichtheunitsareforsale.(Cal.Gov’tCode,Section65915(d)(2)(C)) (D) Fourincentivesorconcessionsforaprojectthatinclude100%oftotalunitsanddensitybonusunits,excludingmanager’sunits,thataffordabletolowerincomehouseholds,asidentifiedinGovernmentCodeSection65915(b)(1)(G).Iftheprojectislocatedwithinone-halfmileofamajortransitstop,theapplicantshallalsoreceiveaheightincreaseofuptothreeadditionalstories,orthirty-three(33)feet.(Cal.Gov’tCode,Section65915(d)(2)(D)) (E) Oneincentiveforprojectsthatincludeatleasttwentypercent(20%)ofthetotalunitsforlowerincomestudentsinastudenthousingdevelopment.(Cal.Gov’tCode,Section65915(d)(2)(E)) (F) SubjecttosSection 16-410.14(D),aqualifiedhousingdevelopmentproposalthatincludesachildcarefacilityshallbegrantedanadditionalincentivethatcontributessignificantlytotheeconomicfeasibilityoftheconstructionofthechildcarefacility.(Cal.Gov’tCode,Section65915(h)(1)(B)) TABLE16-410M.13.-INCENTIVEALLOWANCESFORQUALIFIEDHOUSINGDEVELOPMENTS

IncomeCategory Minimum%ofAffordableUnits
Verylowincome 5% 10% 15% 100%Lowincome 10% 20%17% 30%24% 100%*Commoninterest For-Saledevelopment(moderateincome) 10% 20% 30% NA
Incentivesallowed 1 2 3 4*PerGovernmentCode65915(b)(G),Onehundredpercentofallunitsinthedevelopment,includingtotalunitsanddensitybonusunits,butexclusiveofamanager’sunitorunits,areforlowerincomehouseholds,asdefinedbySection50079.5oftheHealthandSafetyCode,exceptthatuptotwentypercent(20%)oftheunitsinthedevelopment,includingtotalunitsanddensitybonusunits,maybeformoderate-incomehouseholds,asdefinedinSection50053oftheHealthandSafetyCode. (Ord.No.2912)
72 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page13of23 SEC.16-410N.14.CRITERIAFORDENIALOFAPPLICATIONFORINCENTIVES.

OutsideofthecoastalzoneandexceptasotherwiseprovidedinthisDivision7AorbyStatelaw,iftherequirementsofsSection 16-410.12(A)aremet,thecCityshallgranttheincentive(s)thatareauthorizedbysSections 16-410.12(B)and 16-410.13 unlessawrittenfinding,baseduponsubstantialevidence,ismadewithrespecttoanyofthefollowing,inwhichcasethecCitymayrefusetogranttheincentive(s):
(A) Theincentivedoesnotresultinidentifiableandactualcostreductions,consistentwithCal.Gov’tCode,Section65915(k),toprovideforaffordablehousingcostsorforrentsforthetargetedunitstobesetasspecifiedinCal.Gov’tCode,Section65915(k).(Cal.Gov’tCode,Section65915(d)(1)(A)) (B) Theincentivewouldhaveaspecific,adverseimpact,asdefinedinCal.Gov’tCode,Section65589.5(d)(2),uponthepublichealthandsafetyorthephysicalenvironmentoronanyrealpropertythatislistedintheCaliforniaRegisterofHistoricalResourcesandforwhichthereisnofeasiblemethodtosatisfactorilymitigateoravoidthespecific,adverseimpactwithoutrenderingthedevelopmentunaffordabletolow-andmoderate-incomehouseholds.(Cal.Gov’tCode,Sections65915(d)(1)(B)and65915(d)(3)) (C) TheincentivewouldbecontrarytoStateorfederallaw.(Cal.Gov’tCode,Section65915(d)(1)(C)) (D) ThecCityfinds,baseduponsubstantialevidence,thatthecommunityhasadequatechildcarefacilities,inwhichcasetheadditionalincentiveforachildcarefacilitypursuanttosSection 16-410.13(D)maybedenied.(Cal.Gov’tCode,Section65915(h)(3)) Withinthecoastalzone,thecCityshalldenyapplicationsforincentivesand/ordensitybonusesifthecCityfindsthattheproposedproject-withtherequestedincentive(s),densitybonus(es)and/orwaiverofdevelopmentstandard(s)-cannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (Ord.No.2912)
SEC.16-410O.15.WAIVERORMODIFICATIONOFDEVELOPMENTSTANDARDS.

Requirementsforwaiverormodificationofdevelopmentstandards:
(A) Application-Toqualifyforawaiverorreductionofoneormoredevelopmentstandards,theapplicantmustsubmitawrittenapplication(togetherwithanapplicationforaqualifiedhousingdevelopment)thatstatesthespecificdevelopmentstandard(s)soughttobemodifiedorwaivedandthebasisoftherequest.(Cal.Gov’tCode,Section65915(e)(1))Anapplicantforawaiverormodificationofdevelopmentstandard(s)pursuanttothissectionmayrequestameetingwiththedirectortoreviewtheproposal.Ifrequested,thedirectorshallmeetwiththeapplicant.(Cal.Gov’tCode,Section65915(e)(1)).Anapplicationforthewaiverorreductionofdevelopmentstandard(s)pursuanttothissectionshallneitherreducenorincreasethenumberofincentivestowhichtheapplicantisentitledpursuanttoSection 16-410.12.(Cal.Gov’tCode,Section65915(e)(2)) (B) Todenytherequestedwaiverorreductionofdevelopmentstandard(s)outsideofthecoastalzone,thecCityshallmakeawrittenfinding,baseduponsubstantialevidence,ofanyofthefollowing:
(1) Therequestedwaiverorreductionofdevelopmentstandard(s)wouldhaveaspecificadverseimpact(asdefinedinCal.Gov’tCode,Section65589.5(d)(2))uponpublichealthandsafetyorthephysicalenvironmentoronanyrealpropertythatislistedintheCaliforniaRegisterofHistoricalResourcesandforwhichthereisnofeasiblemethodtosatisfactorilymitigateoravoidthespecificadverseimpactwithoutrenderingthedevelopmentunaffordabletoverylow,low-income,andmoderate-incomehouseholds. (2) Therequestedwaiverorreductionofdevelopmentstandard(s)wouldbecontrarytoStateorfederallaw. 73 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page14of23 (C) Withinthecoastalzone,thecCityshalldenytherequestedwaiverorreductionofdevelopmentstandard(s)ifitfindsthattherequestedwaiverorreductionofdevelopmentstandard(s)cannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (D) Grantingapplicationforwaiverormodificationofdevelopmentstandards-IftherequirementsofsSections 16-410.15(A)and(B)aresatisfied,theapplicationforwaiverormodificationofdevelopmentstandard(s)shallbegranted,unless,withinthecoastalzone,thewaiverormodificationofdevelopmentstandard(s)cannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (E) IftherequirementsofsSections 16-410.15(A)and(B)aresatisfied,thecCityshallnotapplyadevelopmentstandardthatwillhavetheeffectofphysicallyprecludingtheconstructionofaqualifiedhousingdevelopmentatthedensitiesorwiththeincentivespermittedbythisDivision7A(Cal.Gov’tCode,Section§65915(e)(1))unless,withinthecoastalzone,thewaiverormodificationofdevelopmentstandard(s)cannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (Ord.No.2912)
SEC.16-410P.16.PARKINGSTANDARDMODIFICATIONSFORQUALIFIEDHOUSINGDEVELOPMENTS. (A) Requirementsforparkingstandardmodifications-ModificationofparkingstandardsetforthinsSection 16-622 areavailableonlyforqualifiedhousingdevelopments.Anapplicationforparkingstandardmodificationsstatingthespecificmodificationrequestedmustbesubmittedwiththequalifiedhousingdevelopmentapplication.(Cal.Gov’tCode,Section65915(p)(3)) (B) Parkingstandardmodifications-IftherequirementsofsSection16-410.3aremet,thevehicularparkingratio,inclusiveofhandicappedandguestparking,shallnotexceedthefollowingratios(Cal.Gov’tCode,Section65915(p)(1)):
(1) Zerotoonebedroom:oneon-siteparkingspace.
(2) Twotothreebedrooms:twooneandone-half on-siteparkingspaces. (3) Fourandmorebedrooms:twoandone-halfon-siteparkingspaces. (C) NotwithstandingSection16-410.16(B),ifadevelopmentincludesatleasttwentypercent(20%)ofthetotalunitsaffordabletolowincomehouseholds,atleast11percentofthetotalunitsaffordabletoverylowincome,oratleastfortypercent(40%)moderate-incomeunitswithinafor-salehousingdevelopments;thedevelopmentislocatedwithinone-halfmileofamajortransitstop;andtheresidentsofthedevelopmenthaveunobstructedaccesstothemajortransitstopfromthedevelopmentthen,upontherequestofthedeveloper,theCityshallnotimposeavehicularparkingratio,inclusiveofparkingforpersonswithadisabilityandguests,thatexceeds0.5spacesperbedroom. (Cal.Gov’tCode,Section65915(p)(2)) (D) NotwithstandingSection16-410.16(B),ifadevelopmentconsistssolelyofrentalunits,exclusiveofamanager’sunitorunits,withanaffordablehousingcosttolowerincomefamilies;thedevelopmentislocatedwithinone-halfmileofamajortransitstop;andtheresidentsofthedevelopmenthaveunobstructedaccesstothemajortransitstopfromthedevelopmentthen,upontherequestofthedeveloper,theCityshallnotimposeavehicularparkingratio, (Cal.Gov’tCode,Section65915(p)(3)(A)) (E) NotwithstandingSection16-410.16(B),ifadevelopmentconsistssolelyofrentalunitsforindividualswhoaresixty-two(62)yearsofageorolderthatcomplieswithSections51.2and51.3oftheCivilCode,exclusiveofamanager’sunitorunits,withanaffordablehousingcosttolowerincomefamilies;thedevelopmenthaseitherparatransitserviceorunobstructedaccess;andthedevelopmentislocatedwithinone-halfmileofafixedbusrouteservicestopthatoperates 74 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page15of23 atleasteighttimesperday,thenupontherequestofthedeveloper,theCityshallnotimposeavehicularparkingratio, (Cal.Gov’tCode,Section65915(p)(3)(B)) (F) NotwithstandingSection16-410.16(B),ifadevelopmentconsistssolelyofrentalunitsforeitheraspecialneedshousing,asdefinedinSection51312oftheHealthandSafetyCode,orasupportivehousing,asdefinedinSection50675.14oftheHealthandSafetyCode,exclusiveofamanager’sunitorunits,withanaffordablehousingcosttolowerincomefamilies;thedevelopmenthaseitherparatransitserviceorunobstructedaccess;andthedevelopmentislocatedwithinone-halfmileofafixedbusrouteservicestopthatoperatesatleasteighttimesperday,thenupontherequestofthedeveloper,theCityshallnotimposeavehicularparkingratio, (Cal.Gov’tCode,Section65915(p)(4)) (G) Ifthetotalnumberofparkingspacesrequiredforthequalifiedhousingdevelopmentisotherthanawholenumber,thenumbershallberoundeduptothenextwholenumber.Forpurposesofthissection,"on-siteparking"maybeprovidedthroughtandemparkingoruncoveredparking,butnotthroughon-streetparking.(Cal.Gov’tCode,Section65915(p)(45)) (H) Exceptasotherwiseprovidedinthissection,allotherprovisionsofChapter16,ArticleX(Off-StreetParkingRequirements)applicabletoresidentialdevelopmentapply. (I) AnapplicantmayrequestadditionalparkingincentivesbeyondthoseprovidedinthissectionifappliedforpursuanttosSection16-410.12.(Cal.Gov’tCode,Section65915(p)(56)) (F) Exceptions-Uponrequestoftheapplicant,thefollowingmaximumparkingstandardsshallapply,inclusiveofhandicapandguestparking,totheentirehousingdevelopmentsubjecttothisDivision7A,asrequiredbyCal.Gov’tCode,Section65915(p):
(1) Amaximumof0.5parkingspacesperbedroomshallapplywhenallthefollowingconditionsapply(Cal.Gov’tCode,Section65915(p)(2)):
(a) Thedevelopmentincludesthemaximumpercentageoflow-orverylow-incomeunitsprovidedforsection 16-410H (DensityBonusAllowanceforHousingDevelopmentwithAffordableHousingComponent). (b) Thedevelopmentislocatedwithinone-halfmileofamajortransitstop,asdefinedinCal.PublicResourcesCode,Section21155(b). (c) Thereisunobstructedaccesstothemajortransitstopfromthedevelopment.Adevelopmentshallhaveunobstructedaccesstoamajortransitstopifaresidentisabletoaccessthemajortransitstopwithoutencounteringnaturalorconstructedimpediments. (2) Amaximumof0.5parkingspacesperunitshallapplywhenallthefollowingconditionsapply(Cal.Gov’tCode,Section65915(p)(3)(A)):
(a) Thedevelopmentconsistssolelyofrentalunits,exclusiveofamanager'sunitorunits,withanaffordablehousingcosttolower-incomefamilies,asprovidedinCal.HealthandSafetyCode,Section50052.5. (b) Thedevelopmentislocatedwithinone-halfmileofamajortransitstop,asdefinedinCal.PublicResourcesCode,Section21155(b). (c) Thereisunobstructedaccesstothemajortransitstopfromthedevelopment.Adevelopmentshallhaveunobstructedaccesstoamajortransitstopifaresidentisabletoaccessthemajortransitstopwithoutencounteringnaturalorconstructedimpediments. (3) Amaximumof0.5parkingspacesperunitshallapplywhenallthefollowingconditionsapply(Cal.Gov’tCode,Section65915(p)(3)(B)):
75 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page16of23 (a) Thedevelopmentconsistssolelyofrentalunits,exclusiveofamanager'sunitorunits,withanaffordablehousingcosttolower-incomefamilies,asprovidedinCal.HealthandSafetyCode,Section50052.5. (b) Thedevelopmentisforindividualswhoare62yearsofageorolderandwhichcomplieswithCal.CivilCode,Sections51.2and51.3. (c) Thedevelopmentshallhaveeitherparatransitserviceorunobstructedaccess,withinone-halfmile,tofixedbusrouteservicethatoperatesatleasteighttimesperday. (4) Amaximumof0.3parkingspacesperunitshallapplywhenallthefollowingconditionsapply(Cal.Gov’tCode,Section65915(p)(3)(C)):
(a) Thedevelopmentconsistssolelyofrentalunits,exclusiveofamanager'sunitorunits,withanaffordablehousingcosttolower-incomefamilies,asprovidedinCal.HealthandSafetyCode,Section50052.5. (b) Thedevelopmentisaspecialneedshousingdevelopment,asdefinedinCal.HealthandSafetyCode,Section51312. (c) Thedevelopmentshallhaveeitherparatransitserviceorunobstructedaccess,withinone-halfmile,tofixedbusrouteservicethatoperatesatleasteighttimesperday. (J) Notwithstandingallowancesinsection 16-410P(F)above,IfthecCityoranindependentconsultanthasconductedanarea-wideorjurisdiction-wideparkingstudyinthelastsevenyears,thenthecCitymayimposeahighervehicularparkingrationottoexceedtheratiodescribedinsSection 16-410.16(B)above,basedonsubstantialevidencefoundintheparkingstudythatincludes,butisnotlimitedto,ananalysisofparkingavailability,differinglevelsoftransitaccess,walkabilityaccesstotransitservices,thepotentialforsharedparking,theeffectofparkingrequirementsonthecostofmarket-rateandsubsidizeddevelopments,andthelowerratesofcarownershipforlow-andverylow-incomeindividuals,includingseniorsandspecialneedsindividuals.ThecCityshallpaythecostsofanynewstudy.ThecCityshallmakefindings,basedonaparkingstudycompletedinconformitywiththissubsection(J)division(G),supportingtheneedforthehigherparkingratio.(Cal.Gov’tCode,Section65915(p)(7) (Ord.No.2912)
SEC.16-410Q.17.DENSITYBONUSANDAFFORDABLEHOUSINGINCENTIVEPROGRAM. (A) Projectdesignandphasing-ProjectsseekinganaffordablehousingbenefitpursuanttothisDivision7Amustcomplywiththefollowingrequirements,unlessotherwisespecifiedinwritingbythedirector:
(1) Location/dispersalofunits-Affordableunitsshallbereasonablyproportionatelydispersedthroughoutthedevelopmentbybedroomsizewherefeasibleandshallcontainonaveragethesame(orgreater)numberofbedroomsasthemarket-rateunits. (2) Phasing-Ifaprojectistobedevelopedinphases,eachphasemustcontainthesameorsubstantiallysimilarproportionofaffordableunitsandmarket-rateunits.Alternatively,moreaffordableunitsmaybeprovidedduringtheinitialphase(s). (3) ExteriorappearanceDesign-Theexteriorappearanceandqualityoftheaffordableunitsmustbesimilartothemarket-rateunits.Theexteriormaterialsandimprovementsoftheaffordableunitsmustbesimilarto,andarchitecturallycompatiblewith,themarket-rateunits.Allaffordableunitsshallbedesignedandconstructedtobearchitecturallyconsistentandsimilarinsize,shape,qualityandappearance(includingallinteriorandexteriorfinishes)totheunitsnotreservedtobeaffordable. 76 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page17of23 (B) Applicationrequirements-Anapplicationforoneormoreaffordablehousingbenefitsmustbesubmittedasfollows:
(1) EachaffordablehousingbenefitrequestedmustbespecificallystatedinwritingontheapplicationformprovidedbythecCity. (2) TheapplicationmustincludetheinformationanddocumentsnecessarytoestablishthattherequirementsofthisDivision7Aaresatisfiedforeachaffordablehousingbenefitrequested,including:
(a) Fordensitybonusrequests,thattherequirementsofsSection 16-410.3 aremet; (b) Forincentiverequests,thattherequirementsofsSection 16-410.12 aremet; (c) Fordevelopmentstandardwaiverormodificationrequests,thattherequirementsofSection 16-410.15 aremet;and/or (d) Forparkingstandardmodificationrequests,thattherequirementsofsSection 16-410.3 aremet. (3) Theapplicationmustbesubmittedconcurrentlywithacompleteapplicationforaqualifiedhousingdevelopment. (4) Theapplicationmustincludeasiteplanthatcomplieswithandincludesthefollowing:
(a) Forspecialneeds,supportivehousing,orseniorcitizenhousingdevelopmentprojects-thenumberandlocationofproposedtotalunitsanddensitybonusunits. (b) Forallqualifiedhousingdevelopmentprojectsotherthanspecialneeds,supportivehousingorseniorcitizenhousingdevelopmentprojects-thenumberandlocationofproposedtotalunits,affordableunits,anddensitybonusunits.Thedensitybonusunitsshallbepermittedingeographicareasofthequalifiedhousingdevelopmentotherthantheareaswheretheaffordableunitsarelocated.(Cal.Gov.Code,Section65915(i)) (c) Thelocation,design,andphasingcriteriarequiredbysSection 16-410.17(A),includinganyproposeddevelopmentstandard(s)modificationsorwaiverspursuanttosSection 16-410.15. (5) TheapplicationforaqualifiedhousingdevelopmentmuststatethelevelofaffordabilityoftheaffordableunitsandincludeaproposalforcompliancewithsSection 16-410.19 forensuringaffordability. (6) IfadensitybonusisrequestedforaqualifiedlanddonationpursuanttosSection 16-410.11,theapplicationmustshowthelocationofthequalifiedlandinadditiontoincludingsufficientinformationtoestablishthateachrequirementinsSection 16-410.11 hasbeenmet. (7) IfanadditionaldensitybonusorincentiveisrequestedforachildcarefacilitypursuanttosSection 16-410.9 and/orsSection 16-410.13(D),theapplicationshallshowthelocationandsquarefootageofthechildcarefacilityinadditiontoincludingsufficientinformationtoestablishthateachrequirementinsSection 16-410.9 and/orsSection 16-410.13(D)hasbeenmet. (C) AnapplicationforanaffordablehousingbenefitunderthisDivision7Awillnotbeprocesseduntilalloftheprovisionsofthissectionarecompliedwithasdeterminedbythedirectorandshallbeprocessedconcurrentlywiththeapplicationforthequalifiedhousingdevelopmentprojectforwhichtheaffordablehousingbenefitissought.

Priortothesubmittalofanapplicationforaqualifiedhousingdevelopment,anapplicantmaysubmittothedirectorapreliminaryproposalforaffordablehousingbenefits. (Ord.No.2912)
77 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page18of23 SEC.16-410R.18.DETERMINATIONONDENSITYBONUSANDAFFORDABLEHOUSINGINCENTIVEPROGRAMREQUESTS.

TheapprovalauthorityontheunderlyingqualifiedhousingdevelopmentapplicationisauthorizedtoapproveordenyanapplicationforanaffordablehousingbenefitinaccordancewiththisDivision7A. (A) Affordablehousingbenefitdeterminations-AnapplicationforanaffordablehousingbenefitshallbegrantediftherequirementsofthisDivision7Aaresatisfiedunless:
(1) TheapplicationisforanincentiveforwhichafindingismadeinaccordancewithsSection 16-410.14;or (2) Theunderlyingapplicationforthequalifiedhousingdevelopmentisnotapprovedindependentofandwithoutconsiderationoftheapplicationfortheaffordablehousingbenefit;or (3) Thehousingdevelopmentisproposedonanypropertythatincludesaparcelorparcelsonwhichrentaldwellingunitsareor,ifthedwellingunitshavebeenvacatedordemolishedinthefive-yearperiodprecedingtheapplication,havebeensubjecttoarecordedcovenant,ordinance,orlawthatrestrictsrentstolevelsaffordabletopersonsandfamiliesoflowerorverylowincome;oroccupiedbylowerorverylowincomehouseholds,unlesstheproposedhousingdevelopmentreplacesthoseunits,andeitherofthefollowingapplies:
(a) Theproposedhousingdevelopment,inclusiveoftheunitsreplacedpursuanttothisdivision(A)(3),containsaffordableunitsatthepercentagessetforthunderStatelaw;or (b) Eachunitinthedevelopment,exclusiveofamanager'sunitorunits,isaffordableto,andoccupiedby,eitheralowerorverylowincomehousehold. (4) Forproposedprojectswithinthecoastalzone,theproposedprojectcannotfeasiblybeaccommodatedonthesiteinamannerthatisinconformitywiththeCaliforniaCoastalAct. (B) Affordablehousingbenefitcomplianceprovisions-ToensurecompliancewiththisDivision7AandStatelaw,approvalofanapplicationforanaffordablehousingbenefitmaybesubjectto,withoutlimitation:
(1) Theimpositionofconditionsofapprovaltothequalifiedhousingdevelopment,includingimpositionoffeesnecessarytomonitorandenforcetheprovisionsofthisDivision7A; (2) Anaffordablehousingagreementand,ifapplicable,anequitysharingagreementpursuanttosSection 16-410.19,includingtheimpositionofreasonablefeestopreparetheagreements;and (3) Recordeddeedrestrictionimplementingconditionsofapprovaland/orcontractualorlegallymandatedprovisions. (C) Appeals-Ifthedeterminationoftheunderlyingapplicationforthequalifiedhousingdevelopmentisappealedalongwiththedecisionoftheaffordablehousingbenefit,thentheentireprojectshallbecontrolledbytheappealproceduresapplicabletotheunderlyingapplication. (Ord.No.2912,3002)
SEC.16-410S.19.AFFORDABLEHOUSINGAGREEMENTANDEQUITYSHARINGAGREEMENT. (A) Generalrequirements-Nodensitybonuspursuanttosection 16-410C shallbeeffectiveunlessanduntiltheaffordablehousingdeveloper,oritsdesigneeapprovedinwritingbythedirector,entersintoanThedeveloperwillberequiredtoenterintoanaffordablehousingagreementwiththeCityand,ifapplicable,thedevelopermustalsorequirethatallinitialbuyersoftheaffordableunitsofferedforsaleexecuteanequitysharingagreementwiththecCityoritsdesigneepursuanttoandincompliancewiththissection.(Cal.Gov’tCode,Section65915(c)).Thedensitybonus 78 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page19of23 affordablehousingagreementmaybecombinedwiththeaffordablehousingagreementandotherdocumentsrequiredbyDivisions7Band7C.TheagreementsshallbeintheformprovidedbythecCitywhichshallcontaintermsandconditionsmandatedby,ornecessarytoimplement,Statelawandthisarticle.TheHousingDirectormaydesignateaqualifiedadministratororentitytoadministertheprovisionsofthissectiononbehalfofthecCity.TheaffordablehousingagreementshallberecordedintheofficeoftheVenturaCountyRecorderpriorto,orconcurrentlywith,finalmaprecordationor,wherethequalifiedhousingdevelopmentdoesnotincludeamap,priortoissuanceofabuildingpermitforanystructureonthesite.TheHousingDirectorisherebyauthorizedtoenterintotheagreementsauthorizedbythisSectiononbehalfofthecCityuponapprovaloftheagreementsbythecCityaAttorneyforlegalformandsufficiency. (B) Loworverylowincomeminimumaffordablehousingcomponentorseniorcitizenhousingdevelopment-Minimumaffordablehousingcomponent. (2) (1) Rentalunits-RentsforthelowincomeandverylowlowerincomeaffordableunitsthatqualifiedthehousingdevelopmentforthedensitybonuspursuanttosSection 16-410.3 shallbesetandmaintainedatanaffordablerentremainaffordableforatleastfifty-five(55)years,oralongerperiodifrequiredbytheconstructionormortgagefinancingassistanceprogram,mortgageinsuranceprogram,orrentalsubsidyprogram,asfollows(Cal.Gov’tCode,Section65915(c)(1)). (1) (a) Theaffordablehousingdeveloperofaqualifiedhousingdevelopmentbasedupontheinclusionoflowincomeand/orverylowincomeaffordableunitsforrentmustenterintoanAffordableHousingAgreementwiththecCitytomaintainthecontinuedaffordabilityoftheaffordableunitsfor55years,oralongerperiodifrequiredbytheconstructionormortgagefinancingassistanceprogram,mortgageinsuranceprogram,orrentalsubsidyprogram,asfollows(Cal.Gov’tCode,Section65915(c)(1)).TheagreementshallestablishspecificcompliancestandardsandspecificremediesavailabletothecCityifsuchcompliancestandardsarenotmet.Theagreementshallamongotherthings,specifythenumberoflower-incomeaffordableunitsbynumberofbedrooms;standardsforqualifyinghouseholdincomesorotherqualifyingcriteriabaseduponthespecificprojectdevelopment;standardsformaximumaffordablerents;thepersonresponsibleforcertifyingtenantincomes;proceduresbywhichvacancieswillbefilled:requiredannualreportandmonitoringfees:restrictionsimposedonlower-incomeaffordableunitsonsaleortransfer;andmethodsofenforcingsuchrestrictions. (3 2) For-sale units - Owner-occupied moderate and lower income and very lowincome affordable units thatqualified the housing development for the density bonus pursuant to sSection 16-410.3 shall be available at anaffordablehousingcost (Cal. Gov’tCode,Section65915(c)(1)).For-saleverylow,lowandmoderateunitsshallnothaveatermof affordabilitybut andshall besubject toanequitysharingagreement that meets therequirementsofCal.Gov’tCode, Section 65915(c)(2) unless the equity sharing agreement is in conflict with the requirements of another publicfunding source or law(Cal. Gov’t Code, Section 65915(c)(2)). If a Resale Restriction agreement or other affordabilityagreement is required for the development by another public funding source or law, the minimum term of theaffordability restriction shall be forty-five (45) years or the minimumtermrequired by the applicable public fundingsourceorlaw,whicheverislonger. (43) Toqualifyasaseniorunit,atleast35seniorcitizenhousingdevelopmentunitsaremaintainedandavailableforrentorsaletoseniorcitizensasdefinedinCal.CivilCode,Section51.3. (Movedto16-410.10) (C) Moderateincomeminimumaffordablehousingcomponent-
(1a) Theaffordablehousingdeveloperofaqualifiedhousingdevelopmentbasedupontheinclusionofmoderateincomeaffordableunitsinacommoninterestfor-saledevelopmentmustenterintoanagreementwiththecCityensuringthat:
79 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page20of23 (ai) TheinitialoccupantsbuyersofthemoderateincomeaffordableunitsthataredirectlyrelatedtothereceiptofthedensitybonusrequiredunderthisDivisionarepersonsandfamiliesofamoderateincomelowerormoderateincomehouseholds,asrequired. (bii) TheunitsareofferedatanaffordablehousingcostasdefinedinSection16-410.2.(Cal.Gov’tCode,Section65915(c)(2)) (2b) TheaffordablehousingdeveloperofqualifiedhousingdevelopmentbaseduponamoderateincomeminimumaffordablecomponentinitialeligiblebuyerofanaffordableunitofferedforsaleshallenterintoanequitysharingagreementforacommoninterestdevelopmentwiththecCity(Cal.Gov’tCode,Section§65915(c)(2)).Theequityshareagreementshallberecordedasalienagainstthepurchasedproperty,securingandstatingtheCity’sequityshareintheproperty.ThecCityshallenforcetheequitysharingagreementunlessitisinconflictwiththerequirementsofanotherpublicfundingsourceorlaw.(Cal.Gov’tCode,Section65915(c)(2))Theequitysharingagreementshallincludeataminimumthefollowingprovisions:
(ai) Uponresale,theselleroftheunitshallretainthevalueofimprovements,thedownpayment,andtheseller'sproportionateshareofappreciation.AnyImprovementsmustbeconstructedwithabuildingpermit.ThecCityshallrecaptureanyinitialsubsidy,asdefinedindivision(CB)(2)(b)(ii)below,anditsproportionateshareofappreciation,asdefinedindivision(CB)(2)(cb)(iii)below,whichamountshallbeusedwithinfiveyearsforanyofthepurposesdescribedinCal.HealthandSafetyCode,Section33334.2(e)thatpromoteshomeownership(Cal.Gov’tCode,Section65915(c)(2)(A)); (bii) Forpurposesofthissubdivision,thecCity'sinitialsubsidyshallbeequaltothefairmarketvalueoftheunitatthetimeofinitialsaleminustheinitialsalepricetothemoderateincomehousehold,plustheamountofanydownpaymentassistanceormortgageassistance.Ifuponresalethemarketvalueislowerthantheinitialmarketvalue,thenthevalueatthetimeoftheresaleshallbeusedastheinitialmarketvalue(Cal.Gov’tCode,Section65915(c)(2)(B)); (ciii) ThecCity'sproportionateshareofappreciationshallbeequaltotheratioofthecCity'sinitialsubsidytothefairmarketvalueoftheunitatthetimeofinitialsale.(Cal.Gov’tCode,Section65915(c)(2)(C)) (DC) Minimumaffordablehousingcomponentandchildcarefacility-Ifanadditionaldensitybonusorincentiveisgrantedbecauseachildcarefacilityisincludedinthequalifiedhousingdevelopment,theaffordablehousingagreementshallalsoincludetheaffordablehousingdeveloper'sobligationspursuanttosSection 16-410.9(A)(3)formaintainingachildcarefacility,ifnototherwiseaddressedthroughconditionsofapproval. (Ord.No.2912)
SEC.16-410T.20.DENSITYBONUSORINCENTIVEFORCONDOMINIUMCONVERSIONPROJECTS. (A) ThecCitywillgranteitheradensitybonusorprovideotherincentivesofequivalentfinancialvaluetoacondominiumconversionprojectthatagreestopaythereasonablynecessaryadministrativecostsincurredbythecCitypursuanttothissectionifeither:
(1) Thirty-threepercent(33%)ofthetotalunitsoftheproposedcondominiumprojectisaffordabletopersonsandfamiliesofmoderateincomehouseholds;or (2) Fifteenpercent(15%)ofthetotalunitsoftheproposedcondominiumprojectwillbeaffordabletopersonsandfamiliesoflowerincomehouseholds(Cal.Gov’tCode,Section65915.5(a)). (B) Definitionofdensitybonusforcondominiumconversionprojects-IftherequirementsofsSection 16-410.20(A)aremet,thenthecondominiumconversionprojectwillbeentitledtoanincreaseinunitsof25%overthenumberof 80 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page21of23 apartments,tobeprovidedwithintheexistingstructureorstructuresproposedforconversionfromapartmentstocondominiums.(Cal.Gov’tCode,Section65915.5(b)) (C) Pre-submittalpreliminaryproposalsfordensitybonusorincentiveforcondominiumconversionprojects-Priortothesubmittalofaformalrequestforsubdivisionmapapprovalorotherapplicationfornecessarydiscretionaryapprovals,anapplicanttoconvertapartmentstoacondominiumprojectmaysubmittothedirectorapreliminaryproposalfordensitybonusorotherincentivesofequivalentfinancialvalue.Thedirectorshall,within90daysofreceiptofawrittenproposal,notifytheapplicantofthedirector'spreliminaryresponseandscheduleameetingwiththeapplicanttodiscusstheproposalandthedirector'spreliminaryresponse.(Cal.Gov’tCode,Section65915.5(d)) (D) Applicationfordensitybonusorincentivesforcondominiumconversionprojects-AnapplicantmustsubmitacompletedapplicationprovidedbythecCityforadensitybonusorforotherincentivesofequivalentfinancialvalue.Theapplicationmustbesubmittedconcurrentlywiththeapplicationforthecondominiumconversionproject.Theapplicationmustincludethefollowing:
(1) AllinformationanddocumentationnecessarytoestablishthattherequirementsofsSection 16-410.20(A)aremet; (2) Theproposalforadensitybonusortheproposalforotherincentivesofequivalentfinancialvalue; (3) Siteplansdemonstratingthelocationoftheunitstobeconverted,theaffordableunits,themarket-rateunits,andthedensitybonusunitsinthecondominiumconversionproject;and (4) AnyotherinformationanddocumentationrequestedbythecCitytodetermineiftherequirementsofsSection 16-410.20(A)aremet. (E) Boththeapplicationforadensitybonusorotherincentivesofequivalentfinancialvalueandtheapplicationforthecondominiumconversionmustbecompletebeforetheapplicationforadensitybonusorotherincentivesofequivalentfinancialvaluewillbeconsidered. (F) Grantingdensitybonusorincentiveforcondominiumconversionprojects- (1) Approval-
(a) IftherequirementsofsSection 16-410.20(A)aremet,thedecision-makingbodyforthecondominiumconversionprojectapplicationisauthorizedtograntanapplicationforadensitybonusorotherincentivesofequivalentfinancialvalue,subjecttosSection 16-410.20(F)(2). (b) Reasonableconditionsmaybeplacedonthegrantingofadensitybonusorotherincentivesofequivalentfinancialvaluethatarefoundappropriate,including,butnotlimitedto,enteringintoanaffordablehousingagreementpursuanttosSection 16-410.19 whichensurescontinuedaffordabilityofunitstosubsequentpurchaserswhoarepersonsandfamiliesofmoderateincomehouseholdsorlowincomehouseholds.(Cal.Gov’tCode,Section65915.5(a)) (2) Ineligibility-AnapplicantshallbeineligibleforadensitybonusorotherincentivesofequivalentfinancialvalueiftheapartmentsproposedforconversionconstituteaqualifiedhousingdevelopmentforwhichadensitybonusasdefinedinsSection 16-410B.1 orotherincentiveswereprovided.(Cal.Gov’tCode,Section65915.5(f)) (3) Decisiononcondominiumconversionproject-NothinginthissectionshallbeconstruedtorequirethecCitytoapproveaproposaltoconvertapartmentstocondominiums.(Cal.Gov’tCode,Section65915.5(e)) (Ord.No.2912)
SEC.16-410U.21.ENFORCEMENTPROVISIONS.
81 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page22of23 (A) Occupancy-Priortooccupancyofanaffordableunit,thehousehold'seligibilityforoccupancyoftheaffordableunitmustbedemonstratedtothecCity.ThisprovisionappliesthroughouttherestrictedtimeperiodspursuanttosSection 16-410.19 andappliestoanychangeinownershiportenancy,includingsubletting,oftheaffordableunit. (B) Ongoingcompliance-Uponrequest,theaffordablehousingdevelopermustshowthattheaffordableunitsarecontinuallyincompliancewiththisDivision7Aandthetermsoftheaffordablehousingagreement.Upon30-daynotice,thecCitymayperformanaudittodeterminecompliancewiththisDivision7Aandthetermsofanyagreementorrestriction. (C) Enforcement-ThecCityhastheauthoritytoenforcetheprovisionsofthisDivision7A,thetermsofaffordablehousingagreementsandequitysharingagreements,deedrestrictions,covenants,resalerestrictions,promissorynotes,deedoftrust,conditionsofapproval,permitconditions,andanyotherrequirementsplacedontheaffordableunitsortheapprovalofthequalifiedhousingdevelopment.InadditiontotheenforcementpowersgrantedinthisDivision7A,thecCitymay,atitsdiscretion,takeanyotherenforcementactionpermittedbylaw,includingthoseauthorizedbycityordinances.Suchenforcementactionsmayinclude,butarenotlimitedto,acivilactionforspecificperformanceoftherestrictionsandagreement(s).damagesforbreachofcontract,restitution,andinjunctiverelief.TheremediesprovidedforhereinshallbecumulativeandnotexclusiveandshallnotprecludethecCityfromseekinganyotherremedyorrelieftowhichitotherwisewouldbeentitledunderlaworequity. (Ord.No.2912)
SEC.16-410V.22.BURDENISONAPPLICANT.

Whenanapplicantseeksadensitybonusforadevelopmentorfordonationofland,theapplicantbearstheburdenofestablishingthatthehousingdevelopmentmeetsthethresholdrequirements. (Ord.No.2912)
Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section5. PursuanttoGovernmentCodeSection36933(c)(1),theCityAttorneywasdesignatedtoprepare,andtheCityClerkpublished,a summaryofthisOrdinance,anda certifiedcopytheOrdinancewaspostedintheOfficeoftheCityClerkaminimumoffivedaysbeforetheCityCouncil’sadoptionoftheOrdinance. 82 OrdinanceNo.3035[DensityBonusOrdinanceAmendment]Page23of23 Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3035wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3036
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC)§16-504 EMERGENCYSHELTER DEVELOPMENTAND OPERATIONSTANDARDSAND§16-622PARKINGSPACEANDLOADINGREQUIREMENTS,RELATEDTOIMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILEDBY CITYOF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC).Theproposedmodificationis toupdatetheemergencyshelterstandardsinOCCSection16-504toonlythosethatcomplywithstatelaw(GovernmentCodeSection65583),andwillupdatetheparkingschedulematrixinSection16-622toincludeEmergencyShelterparking; and WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,onSeptember7,2023thePlanningCommissionheldapublichearingontheamendmentstoChapter16oftheOCCtoimplementZoningTextAmendments(ZTA)stipulatedintheadoptedAmended2021-2029HousingElementPrograms6,9,22,27and32andadopteda ResolutionrecommendingthattheCityCouncilapprovePlanning&ZoningPermitNo.23-580-03(ZoneTextAmendment);and WHEREAS,onNovember7,2023,theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelaw, supportcontinuedeffortstoimplementtheVenturaCountyContinuumofCareprogramforthehomelessandtheOxnardFive-YearHomelessProgramandencouragingtheprivateandpublicsectorstoproducehousingthatmeetstheneedsofspecialneeds,extremelylow-,verylow-and-lowincomehousing. TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and 84 DraftOrdinanceNo.3036[EmergencyShelterAmendment]Page2of5 WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1.OxnardCityCodeChapter16,ArticleV, Division18entitled“EmergencyShelters”,Section16-504andArticleX,Division2 “ParkingandLoadingSpaceRequirements”areamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEV.SPECIFICUSEREQUIREMENTS
DIVISION18.EMERGENCYSHELTERS
SEC.16-504.EMERGENCYSHELTERDEVELOPMENTANDOPERATIONSTANDARDS. (A) Permanentemergencyshelters,andemergencysheltersforfamiliesandlow-barriernavigationcentersshallmeetthefollowingstandards:
(1) Noshelterpatronshallbere-admittedtothesameemergencyshelterwithinfivedaysofbeingdischargedafterastayofsixmonths. (2) Ifsitecharacteristicspermit,anenclosedorscreenedwaitingareashallbeprovidedbetweentheon-siteintakeareaforshelterpatronsandthepublicright-of-wayinordertopreventqueuingwithinanypublicright-of-way. (3) Eachsheltershallestablishhoursofoperationforpatronintakeanddischarge,patronrulesofconductandproceduresfornotifyingpatronsofsuchhoursandrulesofconduct. (4) On-sitemanager/shelterpersonnelshallbeprovidedduringallhoursofoperationwhenpatronsarepresent.Adesignatedareaforon-sitepersonnelshallbelocatednearthemainentrytotheshelterforthepurposeofcontrollingadmittanceandprovidingsecurity. (5) TheemergencyshelteroperatorshallconductabackgroundcheckonallprospectivepatronsusingMegan'sLawdatabaseandrestrictpatronintakeinaccordancewithStateandlocalregisteredsexoffenderresidencyrestrictions. (6) Patronsshallnotpossessorconsumealcoholicbeveragesorillegaldrugswhileintheshelter,norshalltheypossessweaponsofanykindwhileintheshelter. (7) Spaceshallbeallocatedforeachpatronconsistingofabedandstoragearea. 85 DraftOrdinanceNo.3036[EmergencyShelterAmendment]Page3of5 (8) Atleasttwotoilets,oneshowerandonesinkshallbeprovidedforeverytwentypatrons. (9) Asheltershallbelimitedtoservingnomorethanthenumberofpatronsallowedbyfireorbuildingcodeoccupancy. (10) Off-streetparkingshallbeprovidedpursuanttoSection16-622ofthisChapterfortheon-sitemanager. (11) Eachemergencysheltershallbeequippedwithexteriorsecuritylightinginaccordancewithsection 16-320 ofthezoningcode.Lightingshallbeshieldedfromalladjacentresidentialareas. (12) Theemergencyshelteroperatorshallmaintainanon-sitesecurityplanandemergencypreparednessplan. (13) Allitemsstoredoutdoorsshallbescreenedfromtheviewofallpublicrights-of-way. (14) Shouldanemergencyshelterbeproposedwithin300feetofaschool,thedevelopmentservicesdirectorordesigneemayrequestthatthedeveloper/sponsorcoordinatewiththeschooldistricttoaddresspotentialconcerns. (Ord.No.2864)
ARTICLEX.OFF-STREETPARKING
DIVISION2.PARKINGSPACEANDLOADINGREQUIREMENTS
SEC.16-622.SCHEDULEOFVEHICLEOFF-STREETPARKINGREQUIREMENTS. (F) Thefollowingtableliststheminimumoff-streetparkingrequirementsforthecity.

Uses MinimumOff-StreetParkingRequirements Notes
Residential:Special Housing: EmergencyShelter,permanentorLow-BarrierNavigationCenter Oneoff-streetspacefortheon-sitemanager. SeeSection16-504 Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3036wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
87 DraftOrdinanceNo.3036[EmergencyShelterAmendment]Page5of5 PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
______________________________________JohnZaragoza,Mayor ATTEST:
______________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
______________________________________StephenM.Fischer, CityAttorney 88 ATTACHMENT5FARMWORKERHOUSING,SUPPORTIVEHOUSING,LOW-BARRIERNAVIGATIONCENTER,SINGLEROOMOCCUPANCY, RESIDENTIALCAREFACILITIESANDSTREAMLINEORDINANCEPROVISIONS

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3037
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16(ZONING)OFTHEOXNARDCITYCODE(OCC),BYREPLACINGRESIDENTIALLANDUSEANDDEVELOPMENTSTANDARDSFORR-1,R-2.R-3,R-4ANDMH-PDZONESINARTICLEIII,DIVISIONS2TO6(§16-20TO §16-102)WITHREFORMATTED RESIDENTIALZONES,IN ARTICLEIII,DIVISIONS2 (§16-20TO §16-25);REPLACINGCOMMERCIALLANDUSEANDDEVELOPMENTSTANDARDSFORC-O,C-1,C-2 ZONESIN ARTICLEIII,DIVISIONS7 TO 9 (§16-105TO §16-144)WITHREFORMATTEDCOMMERCIALZONES,IN ARTICLEIII, DIVISIONS7 (§16-105TO §16-109);AMENDINGRESIDENTIALANDCOMMERCIALZONEPERMITTEDUSESTO ALLOWSUPPORTIVE HOUSING, LOW-BARRIER NAVIGATION CENTERS,FARMWORKERHOUSING,SINGLEROOMOCCUPANCYANDRESIDENTIALCAREFACILITIESCONSISTENTWITHSTATELAW IN §16-22RESIDENTIALLANDUSESBYZONE, §16-107COMMERCIALLANDUSESBYZONE, §16-148DOWNTOWNALLOWEDUSESAND§16-622PARKINGSPACEANDLOADINGREQUIREMENTS; UPDATEDEFINITIONSIN§16-10DEFINITIONSAND§16-300STANDARDSFORALLZONES,ANDREPLACEARTICLEV, DIVISIONS10WITHNEWLY CREATEDSTANDARDSIN §16-441SINGLEROOMOCCUPANCY;RELATEDTOIMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILEDBY CITYOF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC).

WHEREAS,theproposedmodificationwillupdatetheresidentialandcommercialzoningrequirementsin OCCSections16-20through16-144to streamlineordinanceprovisions,clarifypermittingrequirements,simplifythecoderequirementsperHousingElementProgram6 byconsolidatingresidentialandcommerciallanduseanddevelopmentstandardsintoat-a-glancematrices,consistentwiththeformatusedintheIndustrialZonesDivision(Sections16-160et.Seq.),andwillupdatestandardsforirregularlotsinSection16-300toallowtheDirectortodeterminethefrontlotline,updatehowbuildingheightsaremeasuredinSection16-303forconsistencywithdefinitionsthroughouttheOCC, andupdateallowabledrivewaysurfacesinSection16-333toremovingabarriertoconstruction; WHEREAS,theproposedmodificationwillbringtheOCCintocompliancewiththestateEmployeeHousingAct(HealthandSafetyCodeSections17021.5,17021.6,and17021.8),byallowingFarmworkeremployeehousingthatservessixorfewerpersonsasa singlefamilystructureinallzoningdistrictswheresingle-familyoccupancyis allowedin thesamewaysingle-familyhousingis allowed,andFarmworker 89 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page2of41 employeehousingwithlessthan12unitsor36bedsasanagriculturaluse.ThisupdatewillbeimplementedinthenewresidentialandcommerciallandusematricesinSections16-22and16-107,andintheTable16-148DowntownAllowedUses.

WHEREAS,theproposedmodificationwillbringtheOCCintocompliancewithAB2162,byallowingSupportiveHousingbe allowedwithoutdiscretionaryreviewin areaszonedfor residentialusewheremultifamilyand mixedusesdevelopmentare permitted,includingin nonresidentialzonespermittingmultifamilyuses.ThisupdatewillbeimplementedinthenewresidentialandcommerciallandusematricesinSections16-22and16-107,andintheTable16-148DowntownAllowedUses.TheproposedmodificationwillalsoupdatetheparkingschedulematrixinSection16-622toincludeSupportiveHousing; WHEREAS,theproposedmodificationwillbringtheOCCintocompliancewithAB101,byallowinglow-barriernavigationcenters(LMNC)withoutdiscretionaryreviewin areaszonedformixed-useandinnonresidentialzonespermittingmultifamilyuses.ThisupdatewillbeimplementedinthenewcommerciallandusematrixinSection16-107andintheTable16-148DowntownAllowedUses.Theproposedmodificationwillalsoupdatedefinitionsin Section16-10andtheparkingschedulematrixinSection16-622toincludeLBNC WHEREAS,theproposedmodificationwillbringtheOCCintocompliancewithSB2,byallowingsingleroomoccupancy(SRO)inatleastonezone.ThisupdatewillbeimplementedinthenewresidentialandcommerciallandusematricesinSections16-22and16-107,andintheTable16-148DowntownAllowedUses.ThemodificationwillalsocreatespecificstandardsfordevelopmentofSROinSection16-441,andwillupdatedefinitionsinSection16-10andtheparkingschedulematrixinSection16-622toincludeSRO; WHEREAS,theproposedmodificationwillbringtheOCCintocompliancewithAB686,byallowingResidentialCareFacilitieswithsevenormorepersonsasa residentialuseinzoneswheremultifamilyhousingarepermitted,subjectonlytothoserestrictionsthatapplytootherresidentialdwellingsofthesametypeinthesamezone.Thisupdatewillbe implementedin thenewresidentialandcommerciallandusematricesinSections16-22andintheTable16-148DowntownAllowedUses.TheproposedmodificationwillalsoupdatetheparkingschedulematrixinSection16-622toclassifyparkingrequirementsforthefacilitiesfortheelderly–independentliving,assistedliving,memorycare,etc.as residentialusesratherthanhealthfacilitiesincompliancewiththeFairHousingAct.Parkingrequirementsforassistedliving,convalescenthomeandnursinghomeshavebeenrelocatedtofallunder“Residential”intheoff-streetparkingmatrix,andcategorieshavealsobeenundatedtoincludethecurrenttypesofseniorhousing; WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,on September7, 2023the PlanningCommissionhelda publichearingon theamendmentsto Chapter16 of theOCCto implementZoningTextAmendments(ZTA)stipulatedin the 90 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page3of41 adoptedAmended2021-2029HousingElementPrograms6, 9, 22,27and32andadopteda Resolutionrecommendingthatthe CityCouncilapprovePlanning& ZoningPermitNo.23-580-03(ZoneTextAmendment)withthefollowingrecommendedrevisions:1. Minortextrevisionsidentifiedbystaff inanAttachmenttothePlanningCommissionatthehearingonSeptember7,2023,basedoncommunityinput;and2. RevisedraftOCCSection16-441.3(C)torequireanon-sitemanagerforSRODevelopmentof16ormoreunitsandoff-siteoron-sitemanagementforSRODevelopmentwithlessthan16units;and3. ReviseOCCSection16-622existingoff-siteparkingrequirementsforGroupquarterstylefacilitiesfromonespaceforevery4farmworkerstoonespaceforeverysixfarmworkers;and4. ReviseOCCSection16-622draftoff-siteparkingrequirementforSRODevelopmenttoremoveallvehicleparkingrequirementsandonlyrequireonelongtermbicyclestoragespaceperunit;and WHEREAS,onNovember7,2023,theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelaw, andencouragingtheprivateandpublicsectorstoproduceaffordablehousing,supportivehousing,low-barriernavigationcenters,farmworkerhousing,singleroomoccupancyandresidentialcarefacilitiesthatmeetstheneedsofspecialneeds,extremelylow-,verylow-and-lowincomepersons. TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:
91 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page4of41 Section1. OxnardCityCodeChapter16, ArticleIII,Divisions2 through9 entitled“Zones,UsesandRequirement”;Division10,Section16-148entitled“AllowedUses”;ArticleV, Division10,Section16-441entitled“SingleRoomOccupancy”;andArticleX,Division2 “ParkingandLoadingSpaceRequirements”areamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEII. DEFINITIONSSEC.16-10.DEFINITIONS. (A) Forthepurposesofthischapter,thefollowingwordsshallhavethefollowingmeanings: (22) BUILDINGHEIGHT–Total vertical height ofabuildingmeasuredfromtheaveragefinishedgradewithinfivefeetofatthebaseofthebuildingtothehighestpointofthebuilding,andasfurtherdefinedinSection16-303.(XX) DENSITY, RESIDENTIAL (NET) – the number of dwelling units inanacreof land, excludinglandfor publicdedicationsuchaspublicright-of-way. ResidentialDensityisusuallyindicatedasdwellingunitsperacre(du/ac). (61) FRONTLOTLINE- Thelinedividingalot orparcelfromanofficiallydesignatedstreet;provided,however,thatifthestreetiswithoutfrontage,thecommissionCommunityDevelopmentDirectorshalldesignatethefrontlotline.(XX) LOW-BARRIER NAVIGATIONCENTER - a housing first, low-barrier, service-enriched shelter focused on movingpeople into permanent housing that provides temporary living facilities while case managers connect individualsexperiencing homelessness to income, public benefits, healthservices, shelter, andhousing. “Lowbarrier” means bestpracticestoreducebarrierstoentry,andmayinclude,withoutlimitation,thefollowing:1. Thepresenceofpartnersifitisnotapopulation-specificsite,suchasforsurvivorsofdomesticviolenceorsexualassault,women,oryouth;2. Pets;3. Thestorageofpossessions;and4. Privacy,suchaspartitionsaroundbedsinadormitorysettingorinlargerroomscontainingmorethantwo(2)beds,orprivaterooms.(CaliforniaGovernmentCodeSection65660) (83) LOT AREA (NET) - The number of square feet enclosed by the lot lines of a lot, excluding land for publicdedicationsuchaspublicright-of-way. (120) REARLOTLINE- Thelot linemost nearlydistant andparallel tothefront lot lineanddividingthelot fromanalley or adjoining lot; provided, however, that the planning commission Community Development Director shalldesignatetherearlotlineforthroughlots,triangular-shapedlotandotherirregularlots.(XX) SINGLE-ROOMOCCUPANCY (SRO) - a residential facilitycontainingsixor morehousingunits whereeachhousingunit is madeupexclusivelyof asingleroom. Thehousingunits areoftenfurnishedandmayhaveindividualorsharedkitchenand/or bathroomfacilities. Eachhousingunit is offeredonamonthlyrentalbasisorlonger. RegulationsforSingle-RoomOccupancysetforthinsections16-441to16-441.3ofthiscode.

ARTICLEIII.ZONES,USESANDREQUIREMENTS
DIVISION2.R-1SINGLE-FAMILYRESIDENTIALZONES
SEC.16-20.PURPOSE.

Thiszoneshallprovideadistrictoflowdensity,single-familydwellings,withselectedrelatedusesbyspecialusepermit,andseconddwellingunitssubjecttocertainconditions. 92 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page5of41 Thefollowingaredescriptionsofthepurposeandintentofeachoneoftheresidentialzoningdistrictsinthecity.Allpermittedandconditionallypermittedusesshallbeconsistentwiththepurposeandintentoftherespectivezone. (A) R-1(SingleFamilyZone).ThepurposeoftheR-1zoneistoprovideadistrictforlowdensity,single-familydwellings,selectedrelatedusesbyspecialusepermit,andseconddwellingunitssubjecttocertainconditions. Thiszonedistrictalsoallowsformanufacturedhomesonpermanentfoundations,andfarmworkerhousingservingsixorfewerpersonspursuanttostatutoryrequirements.(B) R-2(Multi-FamilyZone).ThepurposeoftheR-2zoneistoprovideadistrictoflow-density,multi-familydwellings,aswellasemergencysheltersforfamilies,andsupportivehousingpursuanttostatutoryrequirementsthatmaintainaresidentialcharactersuitableforlocationsabuttingsingle-familydwellings.(C) R-3(GardenApartmentZone).ThepurposeoftheR-3zoneistoprovideadistrictofmoderate-density,multiple-familydwellings,aswellasemergencysheltersforfamilies,transitionalhousing,andsupportivehousingpursuanttostatutoryrequirements,suitableforlocationsabuttingcommercialcentersandinotherlocationswheremoderatedensityiswarranted.(D) R-4(HighRiseZone).ThepurposeoftheR-4zoneistoprovideadistrictforhigh-density,multi-familydwellings,emergencysheltersforfamilies,transitionalhousing,andsupportivehousingpursuanttostatutoryrequirements,andotherusessuitableforlocationwithinthecitycoreandinotherselectedareas.(E) MH-PD(MobileHomePlannedDevelopmentZone).ThepurposeoftheR-4zoneistoprovideadistrictforthedevelopmentofmobilehomeparksandtopermitmobilehomeuseforsingle-family,farmworkerhousing,small,licensedresidentialcarefacilities,aswellassupportivehousingpursuanttostatutoryrequirements.

SEC.16-21.PERMITREQUIREMENTSFORRESIDENTIALUSES.

Therequiredpermitforarespectiveresidentiallanduseisindicatedinsection16-22,residentiallandusematrix.Thepermitrequirementsareasprovidedforinthischapterandasfurtherprovidedforbelow. (A) ZoningClearance.Permittedusesaresubjecttotherequirementforapprovalofazoneclearanceinaccordancewiththischapter.ThepermitapplicationrequirementsandprocessforazoningclearancearesetforthinArticleVII,Division1,ofthischapter.(B) SitePlanReview(SPR)permit.ASPRpermitmaybeusedfordevelopmentswherethestatehasmandatedthattheCity'sapprovalmustbeministerial.ThepermitapplicationrequirementsandprocessforSPRpermitaresetforthinArticleVII,Division1A,ofthischapter.(C) DevelopmentDesignReview(DDR)permit.ThepermitapplicationrequirementsandprocessforDDRpermitaresetforthinArticleVII,Division2,ofthischapter.(1) ADDRpermitisrequiredforallnewconstructionunlessaSpecialUsePermit,SitePlanRevieworotherzoningpermitisrequiredunderthisChapter.ADDRpermitisalsorequiredforthereviewandapprovalofausewhichrequiresadministrativereviewtoensurecompliancewiththeprovisionsofthischapterandotherregulatoryrequirements.(2) Forthereviewofusesproposedtobelocatedinexistingstructures,theDirectormaydeterminethelevelofinformationandplansrequired.(D) SpecialUsePermit(SUP).ThepermitapplicationrequirementsandprocessforaSpecialUsePermitaresetforthinArticleVII,Division3,ofthischapter.(E) Minormodifications.Whereaplanningpermitsuchasaspecialusepermit,planneddevelopmentpermit,developmentdesignreviewpermitorsiteplanreviewhasbeenpreviouslyapproved,theDirectormayelecttomodifythatexistingpermitinlieuofrequiringtheapplicationandapprovalofanewspecialuseordevelopmentdesignreviewpermitforaproposedphysicalmodificationoruseclearance,providedsuchphysicalmodificationiswithinthe 93 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page6of41 parametersforminormodificationsprovidedforinthischapterorbyadministrativepolicy.TherequirementsandprocessforModificationstoaSpecialUsePermitaresetforthinArticleVII,Division4,ofthischapter.ModificationstoaSitePlanReviewpermitaresetforthinArticleVII,Division1A,ofthischapter.ModificationstoaDevelopmentDesignReviewpermitareprocessedinthesamemannerastheoriginaldevelopmentdesignreviewpermitassetforthinArticleVII,Division2.(F) Specificplanpermitrequirements.Fordevelopmentinareaswithinadesignatedspecificplan,thespecificplanwillidentifytheprocessingrequirementsforuses. Wherethespecificplanissilentonauseorprocess,orwherestatelawallowsforause(e.g.accessorydwellingunits),thefollowingtableidentifiesthepermitprocessingrequirements.

SEC.16-22.RESIDENTIALLANDUSESBYZONE:RESIDENTIALLANDUSEMATRIX.

Theallowablelandusesintheresidentialzoningdistrictsareidentifiedinthefollowingtable.

ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes Accessorybuildings,includingotherusescustomarilyincidentaltothepermittedresidentialuse P P P P SeeSections16-300and16-301
Accessorydwellingunits P P P P P RefertoArticleV,Division13Accessoryusesnormallyincidentaltomobilehomeparks P
Adultdaycarefacilities servingnomorethan6adults

P P P P P
Adultdaycarefacilities serving7to15adults

SUP SUP SUP
Adultdaycarefacilities servingmorethan15adults

SUP SUP
Assistedlivingresidentialfacility,State-licensed,serving7ormorepersons

SUP SUP SUP
Babysitting,Accessory P P P P P
Bedandbreakfastinn SUP SUP RefertoArticleV,Division3Childcarecenters servingnomorethan6children

P P P P P
94 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page7of41 ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes Childcarecenters servingnomorethan15children

SUP SUP SUP
Childcarecenters servingmorethan15children

SUP SUP
Churches SUP SUP SUP SUPCommonrecreationfacilitiesandstructures P
Condominiums SUP SUP SUP SUP SeeSection 16-395Congregatelivinghealthfacilities nomorethan6beds

P P P P P
Congregatelivinghealthfacilities of7to15beds

SUP SUP SUP SUP SUP
Congregatelivinghealthfacilities morethan15beds

SUP SUP SUP
Conventsservingnomorethan15persons

SUP SUP SUP
Emergencysheltersforfamilies SUP SUP SUP RefertoSection16-504Farmworkeremployeehousingservingsixorfewerpersons

DDR DDR DDR DDR DDR
Grounds,landscaping,flowerandvegetablegardensandfruittrees,notgrownexpresslyforprofit

P P P P
Grounds,privategreenhousesandhorticulturalcollections,flowerandvegetablegardensandfruittrees,notgrownexpresslyforprofit

P P P P
High-densityapartments DDRHomeOccupationswithahomeoccupationpermit P P P P P RefertoArticleV,Division6
95 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page8of41 ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes Hospitalsandconvalescenthospitals

SUP SUP
LargefamilydaycarehomesthatthePlanningManagerfindstocomplywiththestandards P P P P P SeeSection 16-440
Manufacturedhousingconsistingofsingle-familydwellingsconstructedbymodularmanufacturedmethodsormobilehomescertifiedundertheNationalMobileHomesConstructionandSafetyStandardsActof1974,providedsuchhomesareofapermanentcharactersecuredtoapermanentfoundation

DDR DDR DDR DDR SUP
Mobilehomeandmobilehomeaccessoryequipmentsales
SUP SeeSection16-25
Mobilehomeparks SUP SeeSection16-25Multiple-familyresidentialdevelopment

DDR DDR DDR
Multifamilyresidentialusesupto30dwellingunitsperacreonparcelsintheAHPadditivezone

SPR SPR SPR
Multifamilyresidentialusesupto30dwellingunitsperacreonparcelsintheAHDadditivezone

SUP SUP SUP
Off-streetparking P P P P P RefertoArticleXOfficeformobilehomespacerentalinamobilehomeorinarecreationbuildingonly SUP
Privateclubs,fraternities,sororities,andlodges,exceptingthosethechiefactivityofwhich

SUP SUP
96 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page9of41 ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes isaservicecustomarilycarriedonasabusinessPrivateorparochialschools,exceptthoseofacorrectionalnatureorthoseintendedforthementallyhandicapped

SUP SUP SUP
Publicorprivateparksandplaygrounds

SUP SUP SUP SUP SUP
PublicparkingonR-3lotsadjacenttooracrossfromthealleyfromC-2lots P
Publicschools,elementary,juniorhigh,highschool,colleges

SUP SUP SUP SUP SUP
Publicutilitystructure SUP SUP SUP SUP SUPResidentialcarefacilitiesservingnomorethan6persons

P P P P P
Residentialcarefacilitiesserving7ormorepersons

DDR DDR DDR
Residentialstockcooperativesandcommunityapartments
SUP SUP SUP SeeSection 16-395Short-termrentalswithshorttermrentalpermit P P P P RefertoArticleXI
SingleRoomOccupancy(SRO) SUP SeeSection16-441
Signs P P P P RefertoArticleIXSingle-familydwellingconventionallybuiltandofapermanentcharacter.(Separateservants’quartersmaybeestablishedinconnectionwithsingle-familydwellingsofnineroomsorlarger,exclusiveofbathrooms,whensuchdwellingsarelocatedonlotsofnotlessthan10,000sq.ft.)

DDR DDR DDR DDR
97 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page10of41 ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes Smallresidentialhealthorcarefacilities,state-licensed,servingnomorethansixpersons,orsmallfamilydaycarehome,state-certifiedorlicensed,servingnomorethaneightchildren.

P P P P P
Storage,incidentaltopermitteduses,containedwithinanaccessorybuilding

P P P P
Supportivehousing DDR SPR SPR SPRSwimclubs,tennisclubs,golfcourses,andsimilarusesincidentaltoaresidentialtractordevelopment

SUP SUP SUP SUP
Temporaryuseswithtemporaryusepermit,includingtemporarysalesorrentaloffice,caretakerunitonconstructionsite,modelhome,andsimilarusesdeterminedbytheDirectortobecompatiblewiththezoneandsurroundlanduses P P P P P RefertoArticleV,Division15
Timeshares X SUP X
TownhousecondominiumsorotherCommunityOwnershipUnit,includingcondominiumconversion SUP SUP SUP SUP RefertoArticleV,Divisions5&6
Traditionalbedandbreakfast(Homestay),onlyintheWilsonNeighborhood DDR DDR DDR DDR RefertoArticleV,Division3
Traditionalbedandbreakfast(Homestay)
SUP SUP SUP SUP RefertoArticleV,Division3Transitionalhousing DDR DDR 98 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page11of41 ResidentialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReviewSUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Notes WirelessCommunicationsFacilities,stealth SUP SUP SUP SUP SUP RefertoArticleV,Division16
*ADevelopmentDesignReviewPermitisrequiredforallnewconstructionunlessaSpecialUsePermit,SitePlanRevieworotherzoningpermitisrequiredunderthisChapter.

SEC.16-23.RELATEDUSES.DEVELOPMENTSTANDARDS.

Thefollowingtablesetsforthdevelopmentstandardsforalloftheresidentialzonedistrictsinthecity.Allpermittedandconditionallypermittedusesshallbeconsistentwiththepurposeandintentoftherespectivezone.

DevelopmentStandards Standard ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Minimumdwellingsize 1,000sq.ft.,exclusiveofgarages,carports,oranyaccessorybuilding. 1Bdrmunit:450sq.ft.2+Bdrmunit:800sq.ft
1Bdrmunit:450sq.ft.2+Bdrmunit:800sq.ft
1Bdrmunit:450sq.ft.2+Bdrmunit:800sq.ft
NA
Heightpermitted
TwoStoriesupto25ft.

TwoStoriesupto25ft.

ThreeStoriesupto35ft.

FourStoriesupto45ft.*
SeeSection16-24foradditionalrequirements.Minimumlotarea/Density 6,000sq.ft. 3,500sq.ft.oflotareaforeachdwellingunit.

SeeSection16-24for
2,400sq.ft.oflotareaforeachdwellingunit.

SeeSection16-24for
1,500sq.ft. oflotareaforeachdwellingunit.

SeeSection16-24for
3,000sq.ft.minimumlotarea;6½mobilehomelotspergrossacre. 99 DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page12of41 DevelopmentStandards Standard ZoneDistrict R-1 R-2 R-3 R-4 MH-PD additionalrequirements. additionalrequirements.
additionalrequirements.

SeeSection16-25foradditionalrequirements.

Frontyardsetback
20ft.;ortheaveragefor60%ofblock,butnotlessthan15ft.min.

SeeSection16-24foradditionalrequirements.
25%ofthedepthofthelot,notlessthan25ft.ormorethan60ft.

SeeSection16-24foradditionalrequirements.
20ft.;15ft.ifaccesstoallparkingisfromanalley.
20ft.;15ft.ifaccesstoallparkingisfromanalley.
10ft.
20ftfrompublicwayorotherresidentialorcommercialzoneoruse.

SeeSection16-25foradditionalrequirements.

Interioryardsideyardsetback
10%ofthewidthofthelot,butnotlessthan3ft.,andneednotexceed5ft. 10%ofthewidthofthelot,butnotlessthan3ft.,andneednotexceed5ft. 5ft.for1-2storybuildings,7.5ft.for2½storybuildings.
5ft.for1-2storybuildings,increasedby2.5ft.foreachadditionalstory. 10ft.

Cornerlotsideyardsetback
50%offrontyardsetbackforlot
SeeSection16-24foradditionalrequirements.

Sameasinteriorlots,exceptforreversecornerlot.

Reversecornerlotsideyardsetbackonthestreetsideshallbe50%ofthefrontyardintherearofthecornerlot.

SeeSection16-24foradditionalrequirements
One-halftherequiredfrontyard.
10ft. 10ft.
20ftfrompublicwayorotherresidentialorcommercialzoneoruse.

SeeSection16-25foradditionalrequirements.
100
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page13of41 DevelopmentStandards Standard ZoneDistrict R-1 R-2 R-3 R-4 MH-PD Rearyardsetback 25%ofdepthoflotandneednotexceed25ft.;Additionsanddetachedstructurestomaintaina 15ft.setback.

SeeSection16-24foradditionalrequirements.
25%ofdepthoflotnottoexceed25ft.
25ft. 5ft.for1-2storybuildings,increasedby2½ft.foreachadditionalstory. 10ft.
20ftfrompublicwayorotherresidentialorcommercialzoneoruse.

SeeSection16-25foradditionalrequirements.

Interioryardspace
15%minimumor900sq.ft.,whicheverislessandbecompletelyopenfromgroundtosky.** SeeSection16-24foradditionalrequirements.
30%oflotarea,minimum15ft.by15ft.area,andcompletelyopenfromgroundtosky.** SeeSection16-24foradditionalrequirements.
30%oflotarea,minimum15ft.by15ft.area,andcompletelyopenfromgroundtosky.** SeeSection16-24foradditionalrequirements.
30%oflotarea,minimum15ft.by15ft.area,andcompletelyopenfromgroundtosky.** SeeSection16-24foradditionalrequirements.
450sq.ft.,minimum15ft.by15ft.,completelyopenfromgroundtosky.

SeeSection16-25foradditionalrequirements.

SpaceforAccessoryBuildings
If1storyinheightwithsamerequiredfront,rear,andsideyardsetbacksasmainbuilding.

Mayoccupyrearyardsetbackif1storyandlocated6ft.fromnearestpartofmainbuilding.

Coveredpatiosandcoveredparkingspacesmayprojectintotherequired10ft.setbackamaximumof5ft.

SeeSection16-25foradditionalrequirements.
*AdditionalheightmaybeallowedwithapprovalofaSUP.**exceptforapatio,pergola,orarooforbalconyoverhangnotexceeding30in. 101
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page14of41 SEC.16-24.SPECIALREQUIREMENTSSPECIFICTOR-1,R-2,R-3ANDR-4.

Thepurposeofthissectionistoprovideregulationsspecifictotherespectiveresidentialzoningcategoriesasfollows. (A) R-1Zone.
(1) ArchitecturalStandards.Thefollowingexteriorarchitecturalstandardsshallapplytoallsingle-familydwellingsincludingmobilehomeslocatedinanR-1zone:
(a) Exteriorsidingshallbemadeofnonreflectiveandnonmetallicmaterials.Acceptablesidingmaterialincludeswood,stucco,ceramictile,brick,stone,orothermasonrymaterials,oranycombinationofthesematerials.(b) Color/textureofexteriormaterialsshallbecompatiblewiththeadjacentsingle-familystructures.(c) Roofstructures,exceptforauthorizeddeckareas,shallbeslopedandprovideaneaveprojectionofnolessthan6inchesandnogreaterthan30inches.(d) Roofingmaterialshallconsistofoneofthefollowing:woodshingle,woodshake,synthetic,compositeshingle,ceramictile,orconcretetile,exceptstandingseammetallicorcopperroofingsurfaces,exceptreflectivesurfacesshallnotbepermittedontheresidentialstructureoronanygarageorcarport. (2) Afindingthataproposedresidentialstructurecomplieswiththeforegoingarchitecturalstandardsshallbemadeaspartofthespecialusepermitorplanneddevelopmentpermit. (3) Iftheproposedstructuredoesnotentailaspecialusepermitorplanneddevelopmentpermit,thedirectorshallmakeafindingofcompliance. (`64Code,Sec.34-36.3) (Ord.No.1373)
(2) R-1LotRequirements
(a) MinimumLotArea.Everynewlycreatedlotshallhavealotareaofnotlessthan6,000squarefeet.(b) MinimumLotFrontage. Thefrontagemeasuredatthefrontlotlineshallbeatleast50feet. Frontageforthispurposeshallbedefinedasthelinearmeasurementbetweenthetwosidepropertylinesattheirpointoftangencywiththecurb.(c) MinimumLotDimensions. I. Interiorlotsshallbenolessthan60feetinwidth.II. Cornerlotsshallbenolessthan75feetinwidth.III. Thedepthofalotshallbeatleast100feet. (3) R-1FrontYard
(a) Thereshallbeafrontyardsetbackofnotlessthan20feet;exceptthathousesconstructedwithgarageshavingaswingdriveway,withtheentrancefacingthesidepropertyline,mayhaveaminimum15-footsetback. Wherestandarddwellingswithinanyblockvaryfromtherequiredsetback,theaveragesetbackofsuchstandarddwellingsshalldeterminetherequiredsetbackwithinthatblockifthestandarddwellingscompriseatleast60%oftheblock.(b) Incalculatingtheaveragesetback,housesonreversecornerlotsandhouseswhollyontherearhalfofthelotshallnotbecounted. Innocaseshallsetbacksoflessthan15feetbeallowed,orsetbacksofmorethan60feetberequired. 102
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page15of41 (c) Thereshallbeadistanceofnotlessthan20feet,measuredatthecenterlineofthedriveway,betweenthegaragedoorandthefrontpropertyline. (`64Code,Sec.34-40) (Ord.No.893,946,1019,1409,1611)
(4) R-1SideYard
(a) Oninteriorlotsthereshallbeasideyardoneachsideofabuildingofnotlessthan10%ofthewidthofthelot;providedthatsuchsideyardshallnotbelessthanthreefeetandneednotexceedfivefeetinwidth.(b) Oncornerlotsthesideyardregulationshallbethesameasfortheinteriorlotsexceptinthecaseofareversedcornerlot. Inthecaseofareversedcornerlot,thereshallbeasideyardonthestreetsideofthecornerlotofnotlessthan50%ofthefrontyardrequiredonthelotsintherearofsuchcornerlot,andnoaccessorybuildingonthecornerlotshallprojectbeyondthefrontyardlineonthelotsintherear;providedfurtherthatthisregulationshallnotbesointerpretedastoreducethebuildablewidth(afterprovidingtherequiredinteriorsideyard)ofareversedcornerlotofrecordonMarch29,1945,tolessthan28feet,nortoprohibittheerectionofanaccessorybuildingwherethisregulationcannotreasonablybecompliedwith. (`64Code,Sec.34-41) (Ord.No.893,1019)
(5) R-1RearYard
(a) Thereshallbearearyardofnotlessthan25%ofthedepthofthelot;provided,suchrearyardneednotexceed25feet.(b) Single-storyandtwo-storyadditionsprojectingintotherequiredrearyardmaybemadeifattachedtoexistingsingle-familydwellingsprovidedsuchadditionsmaintainaminimum15-footsetbackfromtherearpropertylineforthoselotsnotabuttinganalley;andforthoselotshavingrearpropertylinesthatabutastreet,alleyorparkingspacemaintainedbythepublicandmorethan20feetwide,theadditionshallmaintaina15-footsetbackfromthecenterlineofthestreet,alleyoropenspaceandinnocaselessthanfivefeetfromtherearpropertyline. (`64Code,Sec.34-42) (Ord.No.893,1409,1611)
(6) R-1InteriorYardSpace. Interioryardspaceshallbeprovidedoneachlotequaltoatleast15%ofthelotarea,or900squarefeet,whicheverisless,andshallbecompletelyopenfromgroundtoskyexceptforapatio,pergola,orarooforbalconyoverhangnotexceeding30inches. Interioryardspacemayincludeallofthatopenareafromtherequiredfrontyardsetbacklinetotherearpropertylinewhichhasaminimumdimensionof10feetby15feet. (`64Code,Sec.34-42.1) (Ord.No.893,1019,1777,1611)
(7) R-1SpaceAccessoryBuildingsMayOccupy. Anaccessorybuildingispermittediftheaccessorybuildingisnotmorethanonestoryinheightandmaintainsthesamerequiredfront,rearandsideyardsetbackasthemainbuilding. (`64Code,Sec.34-42.2) (Ord.No.1409,1611)
(B) R-2Zone.
(1) R-2Density.Thereshallbeatleast3,500squarefeetoflotareaforeachdwellingunit. Thereshallbenomorethansixdwellingunitsinanyonebuilding. Nomorethanonedwellingunitmaybeconstructedonanylotwithanaveragewidthoflessthan50feetorwithanarealessthan7,000squarefeet. AnylotofrecordonMay21,1981,which 103
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page16of41 is6,000ormoresquarefeetmaycontaintwodwellingunits,providedthelotmeetstheminimumwidthrequiredbythissection. (`64Code,Sec.34-53) (Ord.No.904,1019,1333,1862,1866)
(2) R-2FrontYard
(a) Thereshallbeafrontyardofnotlessthan25%ofthedepthofthelot,providedsuchfrontyardneednotexceed25feet. Wherestandarddwellingswithinanyblockvaryfromtherequiredsetback,theaverageofsuchstandarddwellingsshalldeterminetherequiredsetbackforthatblockifsuchstandarddwellingscompriseatleast60%oftheblock. Incalculatingsuchaveragesetback,housesonreversedcornerlotsandhouseswhollyontherearhalfofalotshallnotbecounted. (b) Innocaseshallsetbacksoflessthan25feetbeallowed,ormorethan60feetberequired. Wheresixormoredwellingsaretobebuiltconcurrentlywithinagivenblock,frontyardsofthatblockmayaverageaminimumof20feet,providedhouseswithineachblockarestaggeredbetween15to25feet,andprovidedfurtherthatthereshallbeadistanceofnotlessthan20feetmeasuredatthecenterlineofthedrivewaybetweenthegaragedoorandthefrontpropertyline. (`64Code,Sec.34-54) (Ord.No.904,1611)
(3) R-2SideYard
(a) Oninteriorlotsthereshallbeasideyardoneachsideofabuildingofnotlessthan10%ofthewidthofthelot,providedthatsuchsideyardshallnotbelessthanthreefeetandneednotexceedfivefeetinwidth.(b) Oncornerlotsthesideyardregulationshallbethesameasforinteriorlotsexceptinthecaseofareversedcornerlot. Inthiscase,thereshallbeasideyardonthestreetsideofthecornerlotofnotlessthan50%ofthefrontyardrequiredonthelotsintherearofsuchcornerlot,andnoaccessorybuildingonthecornerlotshallprojectbeyondthefrontyardlineonthelotsintherear.Thisregulationshallnotbeinterpretedtoreducethebuildablewidth(afterprovidingtherequiredinteriorsideyard)ofareversedcornerlotofrecordonMarch29,1945,tolessthan25feet,nortoprohibittheerectionofanaccessorybuildingwherethisregulationcannotreasonablybecompliedwith. (`64Code,Sec.34-55) (Ord.No.904,1611)
(4) R-2InteriorYardSpace
(a) Eachlotshallprovideforinterioryardspaceinanareaequaltoatleast30%ofthelotarea. Thisinterioryardspaceshallbecompletelyopenfromgroundtoskyexceptforapatioorpergolaortheprojectionsofthoseitemsreferredtoinsections 16-304, 16-305, 16-306,and 16-307.(b) Eachinterioryardspaceareashallhaveaminimumdimensionof15by15feet.(c) Theinterioryardspaceshallbecompletelyseparatefromanyarearequiredforautomobilecirculation. (`64Code,Sec.34-57) (Ord.No.904,1237,1409,1862,1866,2152) (C) R-3Zone.
(1) R-3Density.
104
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page17of41 (a) Exceptasprovidedinthissection,thereshallbeatleast2,400squarefeetoflotareaforeachdwellingunit. Nomorethantwodwellingunitsshallbeconstructedonanylotwithanaveragewidthbetween50and60feet.(b) Nomorethanonedwellingunitshallbeconstructedonanylotwithanaveragewidthlessthan40feet.(c) AnylotofrecordonMay21,1981,whichhasmorethan4,800squarefeetmaycontainthreedwellingunits,providedthelotmeetstheminimumwidthrequirementherein.(`64Code,Sec.34-60) (Ord.No.970,1019,1862,1866) (2) R-3InteriorYard. Eachlotshallprovideforinterioryardspaceinanareaequaltoatleast30%ofthelotarea. Thisinterioryardspaceshallbecompletelyopenfromgroundtoskyexceptforapatioorpergolaortheprojectionsofthoseitemsreferredtoinsections 16-304 through 16-307. Theinterioryardspaceshallbelocatedinanareabetweentherequiredfrontyardsetbackandtherearpropertyline. Eachinterioryardspaceareashallhaveaminimumdimensionof15by15feet. Theinterioryardspaceshallbecompletelyseparatefromanyarearequiredforautomobilecirculation.Twenty-fivepercentoftherequiredinterioryardspacemaybeondecksifsuchdeckshaveaminimumdimensionoftenfeetandaminimumof200squarefeet,andaredirectlyaccessiblefromtheunitsserved. Alldecksshallbeopentotheskyexceptforallowedroofprojectionsandshallbeprovidedwithflooringandrailingssuitableforoutdooractivity. (`64Code,Sec.34-63.1) (Ord.No.970,1019,1237,1409,1862,1866,2152) (D) R-4Zone.
(1) R-4BuildingHeight. Fourstoriesshallbepermittedbutshallnotexceed45feetexceptasotherwiseprovidedinthischapter. However,buildingsnotexceeding11storiesor100feetmaximummaybeapprovedbyspecialusepermitasprovidedinsections 16-530 to 16-553. (`64Code,Sec.34-66) (Ord.No.1037,1409,1574)
(2) R-4Density. Thereshallbeatleast1,500squarefeetoflotareaforeachdwellingunit. Nomorethantwodwellingunitsshallbeconstructedonanylotwithanaveragewidthbetween40and50feetorwithanareabetween4,000and5,000squarefeet. Nomorethanonesingle-familydwellingunitshallbeconstructedonanylotwithanaveragewidthlessthan40feetoranarealessthan4,000squarefeet. Anylotwithanaveragewidthbetween65and50feetshallcomplywiththeR-3zonestandards. (`64Code,Sec.34-67) (Ord.No.1037,1862,1866)
(3) R-4InteriorYard. Eachlotshallprovideforinterioryardspaceinanareaequaltoatleast30%ofthelotarea. Thisinterioryardspaceshallbecompletelyopenfromgroundtoskyexceptforapatioorpergolaortheprojectionsofthoseitemsreferredtoinsections 16-304 through 16-307. Theinterioryardspaceshallbelocatedinanareabetweentherequiredfrontyardsetbackandtherearpropertyline. Eachinterioryardspaceareashallhaveaminimumdimensionof15by15feet. Theinterioryardspaceshallbecompletelyseparatefromanyarearequiredforautomobilecirculation.Twenty-fivepercentoftherequiredinterioryardspacemaybeondecksifsuchdeckshaveaminimumdimensionoftenfeetandaminimumof200squarefeet,andaredirectlyaccessiblefromtheunitsserved. Alldecksshallbeopentotheskyexceptforallowedroofprojectionsandshallbeprovidedwithflooringandrailingssuitableforoutdooractivity. 105
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page18of41 (`64Code,Sec.34-63.1) (Ord.No.970,1019,1237,1409,1862,1866,2152) SEC.16-25.SPECIALREQUIREMENTSSPECIFICTOMH-PD.

ThepurposeofthissectionistoprovideregulationsspecifictotheMobileHomePlannedDevelopmentzoningdistrictasfollows. (A) MobileHomeParkSitePlanRequired.Thedeveloperofamobilehomeparkshallsubmitadetailedsiteplan,drawntoa1-inchequals40feetscalewitheachspecialusepermitapplication. (`64Code,Sec.34-57.5)(Ord.No.1477)
(B) DesignCriteria.Anapplicationforspecialusepermittodevelopamobilehomepark,supportedbyadetailedsiteplan,maybeapprovediftheproposeddevelopmentmeetsthefollowingdesigncriteria:(1) Density-Themaximumpermitteddensityshallbe6½mobilehomelotspergrossacre.(2) Lotdimensions-Minimumlotwidthsandareasshallberequiredtomeetlotcoverageandyard,mobilehomespacing,andotherrequirementsassetforthinthisdivision.Iftheserequirementsaremet,andtheresultinglotpatternisfunctionalandefficientlyprovidesforutilitiesandforconvenientpedestrianandvehicularaccess,lotlinesshallnotberequiredtobeperpendiculartostreetsorradialtocurves,andlotshapesmaytakeanyform.(3) Lotlocation-Lotsintendedforplacementofmobilehomesshallbesolocatedwithrespecttostreetsanddrivewaysastooptimizetheplacementofsuchmobilehomesforoccupancy.Consideringsize,requiredyardsandmannerofsupport,thelotshallbesuitableforthetypeofmobilehomeunitproposed.(4) Yardsandopenspaces-Yardsandotheropenspacesrequiredbythisdivisionshallbedesignedtoperformavarietyoffunctionsincludingassuringadequateprivacy,usableoutdoorlivingspace,desirableviews,naturallightandventilation,accesstoandaroundtheunits,off-streetparkingspaceandspacingbetweenmobilehomesandotherbuildingstoreducepotentialadverseeffectsofnoise,odor,glareandfirehazards.(5) Datarequired-Upontherequestofthedirectorofcommunitydevelopment,thedevelopershallfurnishdatatoshowthatstormwatersandotherdrainagecanadequatelybecarriedontheproposedmobilehomeparkstreets. (`64Code,Sec.34-57.6)(Ord.No.1477)
(C) SubdivisionProhibited;LotArea;Marking;Anchorage.(1) Subdivisionofamobilehomeparkisprohibited.(2) Theminimumlotareaforeachmobilehomeshallbe3,000squarefeet.Eachlotinamobilehomeparkshallbemarkedclearlyonthegroundbypermanentflushstakes,markersorothersuitablemeans.(3) Anyimprovementsnecessaryonthelotforthesupportoranchoringofthetypeofmobilehomeunitproposedshallbeprovidedandthemobilehomeunitsosupportedoranchoredbeforeoccupancy. (`64Code,Sec.34-57.7)(Ord.No.1477)
(D) YardSetbacks;MaximumLotCoverage.(1) Thefrontyardsetbackshallbeaminimumoftenfeet.(2) Thesideyardsetbackshallbeaminimumoftenfeet.(3) Therearyardsetbackshallbeaminimumoftenfeet.(4) Mobilehomesadjacenttoapublicwayorotherresidentialorcommercialzoneoruseshallbesetbackanadditionaltenfeetfromthemobilehomelotlinesorrequiredperimeterwall,exceptwhenthecommissiondeterminesthatspecialcircumstancesjustifymodificationofthisstandard. 106
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page19of41 (5) Coveredpatiosandcoveredparkingspacesmayprojectintotherequiredten-footsetbackamaximumoffivefeetandshallmaintainaminimumoffivefeetfromtheestablishedlotlineinasideyardbutshallmaintaintherequiredten-footfrontyardsetback.(6) Themaximumlotcoveragebythemobilehomeanditsaccessorystructuresshallbe75percent. (`64Code,Sec.34-57.8)(Ord.No.1477)
(E) InteriorYardSpaceRequired. Interioryardspaceofnotlessthan450squarefeetshallbeprovidedoneachlot.Thespaceshallbecompletelyopenfromgroundtoskyandmayincludeonlyareafromtherequiredfrontyardsetbacklinetotherearpropertylinewhichhasaminimumdimensionof15feetby15feet. (`64Code,Sec.34-57.9)(Ord.No.1477)
(F) OpenSpace;RecreationArea.(1) Commonlandscapedopenspaceandrecreationareasshallbeprovidedintheparkinaccordancewiththissection.(2) Commonopenspaceshallcomprise16percentofthegrossmobilehomeparkacreage,iftheparkprovidesacommonrecreationcenterwithatotalfloorareaofnotlessthan25squarefeetpermobilehomelotforthefirst150lots,and15squarefeetperlotthereafter,butinnocaselessthan4,000squarefeet.(3) Commonopenspaceshallbe20percentofthegrossmobilehomeparkacreage,iftheparkdoesnotprovideacommonrecreationcenterasdescribedabove.(4) Commonopenspacesshallhaveaminimumdimensionoftenfeetbytenfeet.Parkwalkwaysatleasttenfeetwideandleadingtoopenspaceandrecreationfacilitiesmaycountaspartofthisarea.(5) Recreationareasshallbeprovidedatcentrallocationsconvenienttoparkresidentsandtheparkservicecenters.(6) Recreationareasmayincludespaceforcommonbuildingsandcommonusefacilities,suchasindoorrecreationareas,swimmingpools,outdoorcourtsforgamesandsimilarrecreationfacilities. (`64Code,Sec.34-57.10)(Ord.No.1477)
(G) Landscaping;FencesAndScreening.(1) Thecommonopenareasofeachmobilehomeparkshallbelandscapedinaccordancewithalandscapeplanapprovedbythedirector.(2) Thedirectorshallapproveamobilehomeparklandscapeplanthatmeetsthefollowingcriteria:(a) Allsetbacks,bufferzonesandopenspacesshallbelandscaped.Trees,shrubs,vinesandgroundcoverarerequiredinlandscapinginvaryingproportionsandmustharmonize.(b) Apermanentirrigationsystemcomprisedofbubblers,sprinklersandhosebibsshallbeinstalledforallcommonopenspaceandcommonrecreationareas.(c) Rockshallbeutilizedasgroundcoveronlyinabalancedlandscapingdesign,andshallnotpredominate.(d) Substantialnumbersofspecimentreesofnotlessthan15galloncontainersizeshallbeplantedthroughouttheparkandinthecommonopenareas.Specimentreesshallalsoberequiredatleastevery30feetalonganysetbackadjacenttopublicstreets.(e) Adjacenttopublicwaysorotherresidentialorcommercialzonesoruses,transitionalscreeningshallbeprovidedbylandscapingtheten-footwidebufferzonesrequiredbySubsectionL.Landscapingwhichwillgrowtonotlessthan20feetinheightshallbeplantedthereininordertoscreenthemobilehomesfromexternallanduses.(f) Allopenareasexceptdriveways,parkingareas,walkways,utilityareas,improveddecks,patiosandporchesshallbelandscapedandmaintainedadequately.(g) Atleastonetreeof15gallonstock,eightfeethighshallbeplantedoneachmobilehomelot. 107
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page20of41 (h) Fenceandlandscapingmaterialshallbelimitedinheightatintersectionsofstreets,drivewaysandpedestrianwalkwaystothatdeemedcompatiblewithpedestrianandtrafficsafetyasdescribedinSubsectionH.(i) Alllandscapingrequiredinthissectionshallbeinstalledpriortooccupancyandmaintainedproperlybytheparkmanagementorowners,orboth,inaccordancewiththelandscapingplanapprovedbythedirector. (`64Code,Sec.34-57.11)(Ord.No.1477)
(H) VehicularAccessAndCirculation;LoadingAreas;Driveways.(1) Mainentrance-Themainvehicularentrancetoamobilehomeparkshallconsistof2ten-foottravellanesforingressandanadditional2ten-foottravellanesforegress,separatedbyalandscapedmedianaminimumtenfeetinwidthtoadepthoftheintersectionwiththefirstcrossstreetthatconnectswiththegeneralparkcirculationnetwork.(2) Secondaryentrance.(a) Asecondaryentranceforaccessbymobilehomesandemergencyvehiclesisrequiredandshallconsistofone18-foottravellaneforingressandone18-foottravellaneforegresswithnoparkingallowedtothefirstcrossstreet.Thisentrancemaybepermittedonlyonanabuttingthoroughfareorcollectorstreetandshallprovidesolidgatingthesameheightastheadjoiningwall.(b) Nofencing,landscapingorothermaterialimpedimenttovisibilitymorethan2½feetabovecurblevelshallbecreatedormaintainedattheintersectionofanystreetinamobilehomepark,andanystreetprovidingaccesstoamobilehomeparkwithinrighttrianglesconstructedasfollows:theapexoftherightanglebeingtheintersectionoftheedgeoftheprivatedriveandthepublicright-of-way,onelegextendingintothemobilehomepark25feet,thesecondlegextending50feetalongthepublicright-of-waytowardtheoncomingtraffic,theendoftheselegsbeingconnectedbytheperipheralwall.Wherethereispedestrianorbicycleaccessfromwithinthemobilehomeparktoastreetatitsedgesbypathsoracrossyardsorotheropenspacewithoutabarriertoaccesstothestreet,nomaterialimpedimenttovisibilitymorethan2½feetabovecurblevelshallbecreatedormaintainedexceptasappropriatetothecircumstancesoftheparticularcase.(3) Vehicularcirculation.(a) Allotherstreetsshallbe36feetinwidth,curbtocurb,ifguestparkingisallowedononesideofthestreet;orshallbe28feetinwidth,curbtocurb,ifnoparkingisallowedonthestreet.(b) Cul-de-sacswithaminimum50-footturningradiusshallbeprovidedwherenecessaryforaccessorpublicsafety.(4) Internalparkroadways-Internalparkroadwaysandareasusedforaccessorparkingshallbedesigned,constructedandpavedinaccordancewithcitystandards.(5) Loadingareas-Loadingareasshallbeprovidedwherenecessaryforconvenientaccesstodeliveryvehicles,whichshallnotobstructthemaintraveledway.(6) Driveways-Adrivewaydesignedtoservethemobilehomelotsshallbeaminimumof15feetinwidth. (`64Code,Sec.34-57.12)(Ord.No.1477,1498)
(I) StreetNamesAndSpaceNumbers.(1) Thestreetnamesandhousenumbersofthemobilehomeparkshallbesubjecttoapprovalofthecity'sstreetnamingcommittee,andshallbeintegratedwiththoseofthesurroundingareaaccordingtothecity’sstreetnamingpolicy.(2) Eachmobilehomespaceshallbeuniformlyaddressedwithnumbersthatarevisiblefromtheparkstreetorserviceroad. (`64Code,Sec.34-57.13)(Ord.No.1477)
(J) Parking.
108
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page21of41 (1) Residentialoff-streetparkingshallbeprovidedataratiooftwospacesintandemforeachmobilehomepadandshallbecontiguoustoeachpad.Onespaceshallbecovered.(2) Additionalparkingspacesshallbeprovidedataratioofoneparkingspacetofivemobilehomespaces,andshallbelocatedwithincentralizedbaysnotmorethan150feetfromthemobilehomesserved.Thisconditionmaybemodifiedbythecommissiontoenhancethedesignofthepark.(3) Residentialparkingspacesshallbedesignedtoassurethataparkedvehiclewillnotencroachintothestreetorwalkwayarea.Wheretheparkingaccessisfromthefrontofthemobilehome,therequiredparkingareashallnotprojectclosertotheaccessstreetthanthefrontofthemobilehome.(4) Parkingshallbeprovidedadjacenttocommonrecreationalfacilitiesandthecommonadministrativeofficesataratioofatleastonespaceforeach15mobilehomelotscontainedinthepark. (`64Code,Sec.34-57.14)(Ord.No.1477,1498,2336)
(K) Walkways.(1) Pedestriancirculationshallbeprovidedbyasystemofwalkways.Awalkwayshalloriginatenearanindividualmobilehomelot,servicearea,parkingbayorstorageareaandshallleadtoacommonrecreationareaorservicefacility.(2) Walkwaysshallbeaminimumwidthoffourfeet.(3) Walkwaysshallnotinallcasesbeadjacenttointeriorstreets. (`64Code,Sec.34-57.15)(Ord.No.1477)
(L) BoundaryWall;BufferZones. Asix-foothighsolidmasonryorbrickwallshallbeconstructedalongallboundariesabuttingotherproperties.Adjacenttoanypublicstreetthereshallbeaten-footwidebufferzonelocatedbackofthepropertylineinfrontoftheaboverequiredwall.Thebufferzoneshallbelocatedadjacenttotheexteriorboundaries,betweenthepropertylineandtherequiredperimeterwall.ThebufferzoneshallbelandscapedasprovidedinSubsectionG. (`64Code,Sec.34-57.16)(Ord.No.1477)
(M)RecreationVehicleStorage;GeneralStorageLockers.(1) Inadditiontootherrequiredparkingwithinapark,centralizedstorageareasforrecreationvehiclesofalltypesshallbeprovidedwithaminimumofonestoragespaceforeachfourmobilehomespaces.(2) Storageareasshallhaveadrainedsurfaceusableundernormalseasonalweatherconditions.(3) Storageareasshallbescreenedfromviewbypermanentmasonrywallseightfeetinheight.(4) Ageneralstoragelockerwithaminimumof90cubicfeetcapacityshallbeprovidedoneachoccupiedmobilehomelot. (`64Code,Sec.34-57.17)(Ord.No.1477)
(N) COMMONLAUNDRYSERVICEFACILITIES.(1) Laundryfacilitiesequippedwithwashingmachinesanddryersshallbeprovidedinapermanentbuildingwhichiscentrallylocatedandaccessibletoalltenants.(2) Thelaundryfacilitiesshallincludeatleastonelavatoryandwaterclosetforeachsexlocatedindistinctlymarkedrooms.(3) Outsidedryingyards,ifprovidedwiththelaundryfacility,shallbescreenedwithasix-foothighdecorativewallconstructedwithmaterialsofthesametypeasotherwallsorfenceswithinthepark. 109
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page22of41 (4) Thelaundryfacilitybuildingshallbeconstructedofmaterialsthatcarryoutthegeneralthemeofotherpermanentbuildingsinthepark. (`64Code,Sec.34-57.18)(Ord.No.1477)
(O) ManagementOffice.(1) Eachmobilehomeparkshallmaintainamanagementoffice.Theofficeshallbeanintegralpartofthemainrecreationfacilityormanager'smobilehomeandshallnotbeinaseparatebuilding.Themanagementofficeshallhaveaccesstoalavatoryandwatercloset.(2) Thepersontowhomacitybusinesslicenseforamobilehomeparkisissuedshallprovideresident,full-timesupervisionatalltimestomaintaintheparkincompliancewiththisdivisionandtokeepitsfacilitiesingoodrepairandinacleanandsanitarycondition. (`64Code,Sec.34-57.19)(Ord.No.1477)
DIVISION3.R-2MULTIPLE-FAMILYZONERESERVED
DIVISION4.R-3GARDENAPARTMENTZONERESERVED
DIVISION5.R-4HIGHRISERESIDENTIALZONERESERVED
DIVISION6.MH-PDMOBILEHOMEPLANNEDDEVELOPMENTZONERESERVED DIVISION7.C-OCOMMERCIALOFFICEZONES
SEC.16-105.PURPOSE.

Thiszoneshallprovideadistrictforlow-profileprofessionalusessuitableforlocationabuttingresidentialusesandforhigh-riseofficesandrelatedusesinselectedlocations. (`64Code,Sec.34-57.68)(Ord.No.1036)
Thefollowingaredescriptionsofthepurposeandintentofeachoneofthecommercialzoningdistrictsinthecity.Allpermittedandconditionallypermittedusesshallbeconsistentwiththepurposeandintentoftherespectivezone. (A) C-O(CommercialOfficeZone).ThepurposeoftheC-Ozoneistoprovideadistrictforlow-profileprofessionalusessuitableforlocationabuttingresidentialusesandforofficesandrelatedusesinselectedlocations.(B) C-1(NeighborhoodShoppingCenterZone).ThepurposeoftheC-1zoneistoprovideadistrictofconvenienceshoppingandpersonalserviceslocatedprimarilytoservetheneighborhoodwithinwhichthedistrictislocatedandhavingdevelopmentstandardsandperformancestandardssuitableforlocationabuttingresidentialuses.(C) C-2(GeneralCommercialZone).ThepurposeoftheC-2zoneistoprovideadistrictforretailcentersandfree-standingcommercialalongarterialroads.Thiszoningdistrictalsoaccommodatesoffices,live/workandmixed-usecommercialandresidentialdevelopment.

SEC.16-106.PERMITREQUIREMENTSFORCOMMERCIALUSES.

Therequiredpermitforarespectivecommerciallanduseisindicatedinsection16-107,commerciallandusematrix.Thepermitrequirementsareasprovidedforinthischapterandasfurtherprovidedforbelow. 110
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page23of41 (A) ZoningClearance.Permittedusesaresubjecttotherequirementforapprovalofazoneclearanceinaccordancewiththischapter.ThepermitapplicationrequirementsandprocessforazoningclearancearesetforthinArticleVII,Division1,ofthischapter.(B) SitePlanReview(SPR)permit.ASPRpermitmaybeusedfordevelopmentswherethestatehasmandatedthattheCity'sapprovalmustbeministerial.ThepermitapplicationrequirementsandprocessforsiteplanreviewpermitaresetforthinArticleVII,Division1A,ofthischapter.(C) DevelopmentDesignReview(DDR)permit.ThepermitapplicationrequirementsandprocessfordevelopmentdesignreviewpermitaresetforthinArticleVII,Division2,ofthischapter.(1) ADDRpermitisrequiredforallnewconstructionunlessaSpecialUsePermit,SPRorotherzoningpermitisrequiredunderthisChapter.ADDRpermitisalsorequiredforthereviewandapprovalofausewhichrequiresadministrativereviewtoensurecompliancewiththeprovisionsofthischapterandotherregulatoryrequirements.(2) Forthereviewofusesproposedtobelocatedinexistingstructures,theDirectormaydeterminethelevelofinformationandplansrequired.(D) SpecialUsePermit(SUP).ThepermitapplicationrequirementsandprocessforaSUParesetforthinArticleVII,Division3,ofthischapter.(E) Minormodifications.Whereaplanningpermitsuchasaspecialusepermit,planneddevelopmentpermit,developmentdesignreviewpermitorsiteplanreviewhasbeenpreviouslyapproved,theDirectormayelecttomodifythatexistingpermitinlieuofrequiringtheapplicationandapprovalofanewpermitforaproposedphysicalmodificationoruseclearance,providedsuchphysicalmodificationiswithintheparametersforminormodificationsprovidedforinthischapterorbyadministrativepolicy.TherequirementsandprocessforModificationstoaSpecialusepermitaresetforthinArticleVII,Division4,ofthischapter.ModificationstoaSitePlanReviewpermitaresetforthinArticleVII,Division1A,ofthischapter.ModificationstoaDevelopmentDesignReviewpermitareprocessedinthesamemannerastheoriginaldevelopmentDesignReviewpermitassetforthinArticleVII,Division2.(F) Specificplanpermitrequirements.Fordevelopmentinareaswithinadesignatedspecificplan,thespecificplanwillidentifytheprocessingrequirementsforuses. Wherethespecificplanissilentonauseorprocess,thefollowingtableidentifiesthepermitprocessingrequirements.

SEC.16-107.COMMERCIALLANDUSESBYZONE:COMMERCIALLANDUSEMATRIX Theallowablelandusesinthecommercialzoningdistrictsareidentifiedinthefollowingtable.

CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Accessorybuildingsandusescustomarilyincidentaltoanyoftheprimarycommercialusewhenlocatedonthesamelot,subjecttotheapprovalofthedirector P P* P
AccessoryDwellingUnitwithAccessoryDwellingUnitclearanceonlotdeveloped P RefertoArticleV,Division13
111
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page24of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes withoneormorelegalprimarydwellingstructuresAccessorysignsaspermittedherein.Nofreestandingsignshallbepermitted P P* P
Adultdaycarefacilitiesservingnomorethan15adults

SUP SUP DDR
Adultdaycarefacilitiesservingmorethan15adults

SUP SUP
Adultmotels DDR DDR RefertoArticleV,Division1Antiquestore PAssistedlivingresidentialfacility SUP SUPBakeryordoughnutshopemployingnotmorethan5personsonpremises P* P
Bank PBarorcocktailloungeorrestaurantservingalcoholicbeverages SUP
Beautyshopsandbarbershops P P* PBedandBreakfastInn SUP RefertoArticleV,Division3Bicyclerepairshop,employingnotmorethan5personsonpremises P* P
Billiardorpoolhall PBirdstoreorpetshop PBlueprinting,photostating,andprinting PCandy,nut,confectionarystore P* PCannabisretail,providedthattheownerhasfirstobtainedacommercialcannabisbusinesspermit X SUP SUP RefertoArticleXVII,Chapter11
Carwash(nonmechanicalorself-service) P* PChildren'sdaycarefacilityservingnomorethan15children P P P
Children'sdaycarefacilityservingmorethan15children

SUP SUP
112
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page25of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Churches SUP SUP Refertosection16-162(B)Cleaningandpressingestablishmentusingnoninflammableandnonexplosivecleaningfluid P
Commercialcondominiums SUP SeeSection 16-395Commercialrecreationaluses,includingbutnotlimitedtoaskatingrink,bowlingalley,miniaturegolf,kiddieride,amusementcenter,drivingrange,andsportsauditorium SUP
Commercialschool,includingbusinesscollege
P
Communitycarefacilitiesservingmorethan6persons
3 SUP
Congregatelivinghealthfacilitiesnomorethan15beds
3 DDR
Congregatelivinghealthfacilitiesmorethan15beds
3 SUP
Conservatoryofmusic PConveniencemarket P* PConveniencemarket,includingincidentalsalesofalcoholicbeveragesforconsumptionoffthepremises

SUP SUP
Conveniencestoresormini-marketswhichmaybothservepackagedalcoholicbeveragesanddispensegasoline SUP
Conventsservingnomorethan15persons SUPDepartmentstore PDrive-inanddrive-throughestablishments,includingdrive-inrestaurant,drive-throughormechanicalcarwashandfilmprocessingbooth SUP
Electricdistributionsubstation SUP PEmbroidery,sewingnotionsshop P* P 113
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page26of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Emergencyshelters
3 forfamiliesortemporary
P RefertoSection16-504Emergencyshelters
3 permanent
SUP RefertoSection16-504Employmentagency PFarmworkemployeehousing 3 SUPFireandpolicestations PFirearmandammunitionsales SUP RefertoArticleV,Division19Furniturestore PGiftshop P* PGrocery,fruit,orvegetablestore P* PHealthspaormassageparlor,excludinganadultmassageparlor P SeeSection 16-336Home-findingagency P PHomeOccupationsincidentaltoaprimaryresidentialusewithahomeoccupationpermit P P P RefertoArticleV,Division6
Hospitalsandconvalescenthospitals SUP SUPHotelsandmotorhotels SUP SUPIcecreamshop P* PIcestoragehouseofnomorethan5toncapacity P
Interiordecoratingstore PLaboratories,whenincidentaltomedical,dental,andsimilaruses P P
LargefamilydaycarehomesincidentaltoaprimaryresidentialusethatthePlanningManagerfindstocomplywiththestandards P P P SeeSection 16-440
Laundryanddrycleaningestablishments P* PLibrary PLodge,fraternalorganizationnottoincludesaleofalcoholicbeverages P
114
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page27of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Low-barrierNavigationCenter
3 SPR RefertoSection16-504Meatmarketsordelicatessenstore P* PMedicallaboratory PMixedUseMultifamilyResidential,Live/WorkandWork/Livehousing,upto18dwellingunitsperacre 3 SUP SeeSection16-109
MixedUseMultifamilyResidentialupto30dwellingunitsperacrewithgreaterthan15%floorareacommercialorofficespaceinAHPadditivezone 3 DDR SeeSection 16-420
Mobilehomesalesareaprovidedthatnorepairorreconditioningispermitted SUP
Mortuary SUP PMotorvehiclerepairincludingtune-up,carburetorshop,transmissionandradiatorrepair,electricalspecialty,frontendalignment,topandupholsteryshop,wheelbalancingandtheinstallationofbrakes,mufflersandtires,providedthatallrepairactivityandstorageofmaterialstakesplacewithinanenclosedbuilding SUP
MultifamilyresidentialusessubjecttoR-3zonedevelopmentstandards 3 SUP SeeSection16-109MultifamilyResidentialusesupto30dwellingunitsperacreonparcelsintheAHDadditivezone 3 SUP SeeSection 16-420
MultifamilyResidentialusesupto30dwellingunitsperacreonparcelsintheAHPadditivezone 3 SPR SeeSection 16-420
Musicorvocalinstruction PMusicstore PNewsstand,newspaperoffice PNursery,flowerorplants POff-streetparking P P 115
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page28of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Officecondominiums SUP SUP SeeSection 16-395OtherusessimilarinnatureoroperationtopermittedorrelatedusesintheC-1zone SUP
Pawnshops SUPPharmaciesengagedprimarilyinsellingpharmaceuticalsandmedicalsupplies SUP P* P
Privateclubs,fraternities,sororities,andlodges,exceptthosethechiefactivityofwhichisaservicecustomarilycarriedonasabusiness

SUP SUP
Privateorparochialschools,exceptthoseofacorrectionalnatureorthoseintendedforthementallyhandicapped SUP
Professionalandbusinessoffices,includingmedical,dental,legal,engineering,architectural,insurance,realestate,andotherofficesnotengagedinsellinggoodsorproducts P P
PublicorPrivateparksandplaygrounds SUP SUP SUPPublicparkingarea PPublicschools,elementary,juniorhigh,highschool,colleges

SUP SUP SUP
Publicutilitystructure SUPR-3zonepermittedandrelateduses SUPRadioandtelevisionstoreandrepairshopincidentaltoretailsales P
Recreationalvehicleparknotincludingvehiclestorageortrailersover30feetinlength SUP
Residentialcarefacilitiesservingnomorethan15persons
3 DDR
Residentialcarefacility
3 SUP SUPResidentialstockcooperativesandcommunityapartments SUP SeeSection 16-395
116
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page29of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Resort-vacationtimesharessubjecttoR-3zonedevelopmentstandards SUP SUP SeeSections 16-58 through 16-63Restaurant,generalorfastfood,notservingalcoholicbeverages P
Restaurant,generalpurpose,providedthat:Establishmentdoesnotservealcoholicbeveragesorofferentertainment;andEstablishmentdoesnotservefoodtopatronsintheirautomobilesorpermittake-outordeliveryoffoodotherthanasaclearlyincidentalorminorpartoftheoperation.

SUP SUP
Retailstoresorbusinessesnotinvolvinganykindofmanufacture,processing,ortreatmentofproductsotherthanasisclearlyincidentaltotheretailbusinessconductedonthepremises;andprovidedthat:notmorethan5personsareemployedinthemanufacture,processing,ortreatmentofproducts;andsuchoperationsorproductsarenotobjectionableduetonoise,odor,dust,smoke,vibrationorothersimilarcauses P
Saleofalcoholicbeveragesforconsumptionoff-site
SUP
Servicestations SUP* SUP SeeSection16-109Shoerepairstore P* PSingleRoomOccupancy 3 SUP SeeSection16-441Signs P P RefertoArticleIXSigns,non-accessory SUPSmallresidentialhealthorcarefacilitiesthatconformtocityordinancesrestricting P
117
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page30of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes buildingheights,setbacks,lotdimensions,placementofsignsandothermattersapplicabletodwellingsofthesametypeinthesamezone,andthatprovideservicestonomorethan6persons,ortonomorethan8childreninthecaseofasmallfamilydaycarehomeSoftdrinkfountain P* PStationerystore P* PStoragegarage PStudios(exceptmotionpicture) PSupportivehousing 3 SPRSwapmeet,providedthat:theuseiscarriedoutinabuildingofatleast10,000sq.ft.;thereisnooutdoordisplayofmerchandiseunlessallowedbyatemporaryusepermit;andtherearenosignsontheexteriorofthebuildingidentifyingindividualvendors SUP SeeSection 16-476
Swimclubs,tennisclubs,golfcourses,andsimilarusesincidentaltoaresidentialtractordevelopment SUP
Taxidermist PTelephoneexchange PTheater P SeeSection16-331Tradeschoolthatisnotobjectionableduetonoise,odor,orvibration P
Transitionalhousing
3 SUPVehiclesales,newandused,includingtrucksalesandincidentalautomotiveserviceandrepair SUP
Veterinaryhospitalsforsmallanimals,servingcommonhouseholdpets,providedthatnooutdoorkennelsarepermitted SUP
118
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page31of41 CommercialLandUseMatrix Key: Blank:NotAllowed X:ProhibitedUseP:PermittedUse SPR:SitePlanReview**SUP:SpecialUsePermit DDR:DevelopmentDesignReviewPermit **LandUse ZoneDistrict C-O C-1 1 C-2
2 Notes Weddingchapel PWirelessCommunicationsFacilities,stealth P P P RefertoArticleV,Division161 :Allstores,shopsorbusinessesinaC-1zoneshallberetailestablishmentssellingnewmerchandiseonly.Allshopssecondarytotheconveniencemarketshallbenolargerthan1,500squarefeetofgrossfloorareaunlessaspecialusepermitgrantsadditionalgrossfloorarea.Allsalesorstorageshallbeconductedwithinatotallyenclosedbuilding,exceptforservicestations.2 NootherusesshallbepermittedintheC-2zonewithouttheapprovaloftheCityCouncil.3 :Exceptthatsuchfacilitiesshallnotbepermittedintheairporthazardoverlayzone.*:PermittedintheC-1zoneprovidedsuchusesdonotsellalcoholicbeveragesforconsumptiononoroffthepremises.**ADevelopmentDesignReviewPermitisrequiredforallnewconstructionunlessaSpecialUsePermit,SitePlanRevieworotherzoningpermitisrequiredunderthisChapter.

SEC.16-108.DEVELOPMENTSTANDARDS.

Thefollowingtablesetsforthdevelopmentstandardsforallofthecommercialzonedistrictsinthecity.Allpermittedandconditionallypermittedusesshallbeconsistentwiththepurposeandintentoftherespectivezone.

DevelopmentStandards Standard ZoneDistrict C-O C-1 C-2 Heightpermitted 15ft.* 20ft. 35ft.*Frontyardsetback 10ft. 10ft.;20ft.ifabutsaresidentialzone. 10ft.**
Interiorlotsideyardsetback
5ft.;1ft.increaseforeachadditionalstory.
10ft. 5ft.;nosetbackifabutsanotherC-2zonedlot.**Cornerlotsideyardsetback 10ft.;1ft.increaseforeachadditionalstory.
50%ofthefrontyardsetback.
5ft.;nosetbackifabutsanotherC-2zonedlot.**Reversecornerlotstreetside:sideyardsetbackrearingresidentialzone SameasFrontyardsetback 50%ofthefrontyardrequiredonthelotsintherearofsuchlot.

SameasFrontyardsetback
Rearyardsetback 10ft.;1ft.increaseforeachadditionalstory. 15ft. Nosetbackrequiredforbuildingslessthan16ft.;
119
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page32of41 DevelopmentStandards Standard ZoneDistrict C-O C-1 C-2 15ft.forbuildingsover16ft.;10ft.ifabutsapublicalley.***AdditionalheightmaybeallowedwithapprovalofaSUP.**Buildingsusedexclusivelyfordwellingpurposesshallcomplywiththefront,side,andrearyardregulationsoftheR-3zone.Buildingshavingcommercialusesonthelowerfloorandresidentialusesontheupperfloororfloorsshallcomplywiththefront,sideandrearyardregulationsoftheC-2zoneforcommercialfloorsandtheR-3zonefortheresidentialfloors.

SEC.16-109.SPECIALREQUIREMENTSSPECIFICTOC-O,C-1ANDC-2.

Thepurposeofthissectionistoprovideregulationsspecifictotherespectivecommercialzoningcategoriesasfollows. (A) C-OZone.
(1) ResidentialUsesProhibited,exceptasallowedperStateLaw.(a) Residentialusesshallnotbepermittedinthiszone,exceptasallowedperStateLaworexceptthatanyexistingdwellingmaybemaintainedandanynecessarystructuralalterationsthatarerequiredbylawmaybemadetoperpetuatesuchanonconforminguse.(b) Aspecialusepermitforamulti-storystructuremayapprovepenthousesoroneormorefloorsoflivingunitsinadditiontotheprofessionalusesorotherusespermittedbythisdivision. (`64Code,Sec.34-70.3)(Ord.No.1036)
(2) ConversionOfExistingStructuresProhibited. Existingdwellingsandotherresidentialstructuresshallnotbeconvertedtoprofessionaluse.Existinghotelsandmotelsshallnotbeconvertedtotimeshareuse. (`64Code,Sec.34-70.4)(Ord.No.1036,1959)
(3) IncidentalRetailandProfessionalServices. Retailcommercialusesshallnotbepermittedexceptthatwhereaspecialusepermitapplicationhasbeenfiledforamulti-storystructure,thespecialusepermitapprovalbodymayapproveretailuses,suchasrestaurantsandcoffeeshops,andpersonalservices,suchasbarbershops,intendedprimarilytoservetheoccupantsofthebuilding. (`64Code,Sec.34-70.5)(Ord.No.1036)
(4) CannabisUsesProhibited. Allcannabis-relatedusesareprohibitedintheC-OCommercialOfficeZone. (Ord.No.2929)
(B) C-1Zone.
120
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page33of41 (1) C-1BasicProvisions.Onlyoneneighborhoodshoppingcentermaybesozonedforeachneighborhoodspecifiedinthegeneralplan.Propertymaybezonedasaneighborhoodshoppingcenteronlywhenallofthefollowingstandardsaremet:(a) Thepropertyislocatedattheintersectionofthoroughfaresorattheintersectionofathoroughfareandacollectorstreet.(b) Theneighborhoodwithinwhichthepropertyissituatedcontainsaminimumof600residentsorisshownonadoptedcitymapstocontainthatnumberofdwellingunitsafterdevelopment.(c) Theproperty,whendevelopedasaneighborhoodshoppingcenter,shall:(i) Haveasamajortenant,aconveniencemarketorsimilaroutletfordailyshopping needs;(ii) Featurearchitectureofresidentialcharacterinconformancewiththeneighborhood;and(iii) Beinconformancewiththetrafficandcirculationrequirementsofthiscode.(`64Code,Sec.34-72) (Ord.No.1565) (2) C-1LotArea. Eachneighborhoodshoppingcentershallnormallyberectangularinshapewithanareaofapproximatelyoneacreandadepthofapproximately150feet. Innocaseshallaneighborhoodshoppingcenterhavelessthan21,780squarefeet(one-halfacre)ormorethan65,340squarefeet(oneandone-halfacre)includingthearea,ifany,devotedtoservicestationuse. Suchcentersshallhaveaminimumwidthof100feetandaminimumaveragedepthof135feet. (`64Code,Sec.34-77) (Ord.No.1565)
(3) C-1ProhibitedUses.ThefollowingusesshallnotbepermittedintheC-lzone:(a) Newresidentialuses,exceptasallowedperStateLaw.Existingresidentialusesshallbesubjecttotheprovisionsherein;(b) Conversionofdwellingstocommercialusesunlessaspecialusepermitisapprovedasprovidedinsections16-530through16-553;(c) Drive-inortake-outcafeorrestaurant;(d) Fooddelivery,cateringorfoodpickuportake-outestablishments;(e) Bars,cocktailloungesandthelike;(f) Liquorstores;(g) AdvertisingstructuresotherthanthosepermittedinarticleIXofthischapter. (`64Code,Sec.34-75)(Ord.No.1565,2929,2972)
(4) ServiceStationUse.ServicestationsarepermittedonapprovalofaSpecialUsePermit,providedtheservicestationislimitedtotheretailsaleofgasoline,oil,tiresandautomobileaccessories,lubricationservices,minorautomotiverepairsandthereplacementorinstallationofautomotiveaccessoriesprovidedthat:(a) Noservicestationshallhavemorethantwopumpislandsormorethansixpumps;(b) Noservicestationshallhavemorethantwolubricationhoistsandallsuchhoistsshallbelocatedwithinanenclosedstructure;and(c) Nosalesorrentalsoftrucks,trailers,cars,equipment,etc.,shallbepermitted. (5) NeighborhoodshoppingcenterDevelopmentStandards.(a) Aneighborhoodshoppingcentershallhaveazonewall,landscapingandon-sitelightingasrequiredbythischapter.(b) Eachneighborhoodshoppingcentershallnormallyberectangularinshapewithanareaofapproximatelyoneacreandadepthofapproximately150feet.Innocaseshallaneighborhoodshoppingcenterhavelessthan21,780 121
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page34of41 squarefeet(one-halfacre)ormorethan65,340squarefeet(oneandone-halfacre)includingthearea,ifany,devotedtoservicestationuse.Suchcentersshallhaveaminimumwidthof100feetandaminimumaveragedepthof135feet. (`64Code,Sec.34-78.3)(Ord.No.1565,2336)
(C) C-2Zone.
(1) YardRequirementsForDwellings.(a) Buildingsusedexclusivelyfordwellingpurposesshallcomplywiththefront,sideandrearyardregulationsoftheR-3zone.(b) Buildingshavingcommercialusesonthelowerfloorandresidentialusesontheupperfloororfloorsshallcomplywiththefront,sideandrearyardregulationsoftheC-2zoneforcommercialfloorsandtheR-3zonefortheresidentialfloors. (`64Code,Sec.34-85)(Ord.No.1409)
(2) OperatingStandardForSaleOrStorageOfUsedFabricItems. Operatorsofretailstoresthatsellpreviouslyowned,secondhandorusedmerchandise,shallthoroughlylaunderordry-cleansuchmerchandisethatismadeoffabric(suchascurtains,slipcoversandbedlinens)beforeofferingsuchmerchandiseforsaleorstoringsuchmerchandiseonthepremises.Onrequestofpolicedepartmentorcodeenforcementdivisionpersonnel,theoperatorofsuchastorewhohascompliedwiththisoperatingstandardshallsignastatementunderpenaltyofperjuryprovidingthefactsastohowandwhensuchcomplianceoccurred. (Ord.No.2626)
DIVISION8.C-1NEIGHBORHOODSHOPPINGCENTERZONERESERVED
DIVISION9.C-2GENERALCOMMERCIALZONERESERVED
DIVISION10. DOWNTOWNZONES
SEC.16-148.DowntownAllowedUses.

AllowedUses
Table16-148
Uses¹
DowntownZones
DTE DTE-O DTG DTCResidential
AssistedLiving,ResidentialCareFacility<6persons P P --- --- AssistedLiving,ResidentialCareFacility>6persons P P P
7 P
7 AccessoryDwellingUnit(ADU) P --- --- ---
Dwelling,multifamily P P P
7 P
7 122
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page35of41 Dwelling,single-familyattached P P --- ---
Dwelling,single-familydetached P P --- ---
Home-basedbusiness ⁴ P P P P
Farmworkeremployeehousing<6persons P P --- ---
Low-BarrierNavigationCenter P P P P
SingleRoomOccupancy --- --- C ---
SupportiveHousingandTransitionalHousing P P P
7 P
7 Work/live,Live-Work --- P P P
7 Agriculture-Related
CommercialGarden/Greenhouse(s)<3,000sqft --- P P P
CommercialGarden/Greenhouse(s)>3,000sqft --- P P P³
Farmworkeremployeehousing<12unitsor36beds --- P P P
Farmer'sMarket --- --- P P
ARTICLEIV.STANDARDSFORALLZONES
DIVISION1.GENERALREQUIREMENTS
SEC.16-300.ACCESSORYBUILDINGSONFRONTYARDONTHROUGHLOTS,IRREGULARLOTS,ANDLOTSWITHMULTIPLESTREETFRONTAGE. (A) TheCommunityDevelopmentDirector(“Director”)shallhavetheauthoritytodeterminethefrontlotlineonthroughlots,irregularlots,lotswithmultiplestreetfrontage,andlotswithoutastreetfrontage.Inanycasewhereathroughlothasadepthofnotmorethan150feet,accessorybuildingsnotexceedingonestoryand15feetinheightmaybelocatedinoneoftherequiredfrontyards,providedthateveryportionofsuchbuildingsisatleastfivefeetfromthenearestfrontlotline.

SEC.16-303.BUILDINGHEIGHTS.
(A) Zoneheightmaximumsandmeasurement–Exceptasprovidedinthissection,nobuildingshallbeerected,reconstructed,orstructurallyalteredtoexceedtheheightlimitestablishedforthezoneinwhichsuchbuildingislocated.Thebuildingheightshallbemeasuredfromthetopoftheaveragecurbelevationoftheadjacentprincipalpublicstreet.averagefinishedgradewithinfivefeetofthebuilding. (B) Publicorsemi-publicbuildings-Publiclyorsemi-publiclyownedorleasedbuildings,schools,hospitals,churches,orinstitutionsmayexceedtheheightlimitoftheindividualzonesanderectsuchbuildingstoaheightnottoexceedthelesserofsixstoriesor75feet,providedaspecialusepermitisobtained.Ingrantingspecialusepermit,therequired 123
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page36of41 front,sideandrearyardsshallbeincreasedanadditionalonefootforeachfourfeetofheightoverthepermitted35feetfortheproposedbuildingheightlimitoftheunderlyingzone. (C) Throughlots-Athroughlotisanoncornerlotwhichisadjacenttotwopublicstreetsandlocatedbetweentwoseparatelots.Onthroughlots,theheightofabuildingmaybemeasuredfromtheaveragecurbelevationofeitherstreet. (D) Topstructuresandfreestandingstructures-Penthousesorroofstructuresforthehousingofelevators,stairways,tanks,ventilatingfansorsimilarequipmentrequiredtooperateandmaintainthebuilding,andfireorparapetwalls,skylights,towers,flagpoles,chimneys,smokestacks,orsimilarstructuresrelatedtobuildingsandusesincommercialorindustrialzonestheunderlyingzonemaybeerectedabovetheheightlimitsprescribedinthiscode,butnopenthouseorroofstructure,oranyspaceabovetheheightlimitshallbeallowedforthepurposeofprovidingadditionalfloorspace.

SEC.16-333.PARKINGONRESIDENTIALPROPERTYVISIBLEFROMPUBLICSTREETS. (A) Nopersonshallparkorstoreavehicleonanyportionofresidentialpropertyvisiblefromapublicstreetunlessthevehicleisparkedonadriveway. (B) Forpurposesofthissection,thefollowingwordsandphrasesshallmean:
(1) DRIVEWAY-Asolidorcontinuousslabofconcreteorasphaltaminimumofthreeinchesthick;orothersurfaces,subjecttoapprovalbytheCommunityDevelopmentDirector,withandofdimensionscapableofencompassingtheexterioroutlineofanyvehicleparkedthereon;providedthataccesstosuchdrivewayisprovidedfromapublicright-of-waybyanauthorizedcurbcutorotherapprovedmeans.

ARTICLEV.SPECIFICUSEREQUIREMENTS
DIVISION10.OILDRILLINGDISTRICTSSINGLEROOMOCCUPANCY
SEC.16-441.INTENTANDPURPOSE
Single-roomoccupancy(SRO)unitscanprovideavaluableformofaffordableprivatehousingforindividualsandcanserveasanentrypointintothehousingmarketforextremelylow-incomepopulations,includingformerlyhomelesspersons,seniors,andthosewithdisabilities.Thepurposeofthissectionistoestablishdevelopmentandoperationalstandardsforsingle-roomoccupancyunits.

SEC.16-441.1APPLICABILITY
ThestandardscontainedinthissectionshallapplytoallSROunitswhereallowedbythezoningclassificationforaproperty. DevelopmentthatismadeupofallSROunits,withexceptionofamanager’sunit,isnotsubjecttotheAttachedDwellingUnitDevelopmentStandardsinSection16-361ofthisChapterbutshallbesubjecttotheAttachedDwellingUnitDesignStandardsinSection16-362.

SEC.16-441.2DEFINITIONS
124
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page37of41 (A) AFFORDABLERENT-ThedefinitionsetforthinCal.HealthandSafetyCode,Section50053(b),inclusiveofreasonableutilityallowance,asdefinedinHealthandSafetyCode50053(b)(3)forlowerincomehouseholdswhosehouseholdincomeisnotgreaterthaneightypercent(80%)oftheVenturaCountyAreaMedianIncome(AMI),adjustedforfamilysize,asdefinedinCaliforniaHealthandSafetyCodeSection50079.5andrevisedannually.(B) LOWERINCOMEHOUSEHOLDS-Includesacutelylow-incomehouseholds,extremelylowerincomehouseholds,verylow-incomehouseholdsandlow-incomehouseholdswhosegrossincomesare80%orlessoftheareamedianincomefortheVenturaCountyMetropolitanStatisticalArea,adjustedforfamilysizeandrevisedannually,pursuanttoCaliforniaHealthandSafetyCodeSection50079.5and50105,asmaybeamended.(C) SINGLE-ROOMOCCUPANCY(SRO)-aresidentialfacilitycontainingsixormorehousingunitswhereeachhousingunitismadeupofasingleroomthatmayhaveindividualorsharedkitchenand/orbathroomfacilitiesandareoftenfurnished.Eachhousingunitisofferedonamonthlyrentalbasisorlonger.

SEC.16-441.3DEVELOPMENTANDOPERATIONSTANDARDS
(A) Occupancy. An SROunit shall be occupiedbynot morethan2people. Occupancyof single-roomoccupancyunitsmayberestrictedtoseniorsorbeavailabletopersonsofallages.(B) Tenancy. TenancyofSROunitsshallbeofferedforaminimumof30daysorlonger.(C) On-siteManagement. AnSROfacilitywith16or moreunits shall haveanonsitemanager. AnSROfacilitywithless than 16 units shall provide a management office either on-site or off-site. The manager shall be accessible toresidents, lawenforcement personnel, andanyother individuals whoneedtoestablishcommunicationuponor aboutthepremises. Themanager alsoshall havetheauthoritytoexercisecontrol over thepremisestoensurethattheuseofthepremises does not result inlittering, nuisanceactivities, noise, or other activitiesthatadverselyimpactsurroundingproperties. Cleaning services shall be provided for common areas, common bathrooms, community kitchen, laundryfacilities,andcommonhallways.(D) Management Plan. AManagement Planshall besubmittedwiththerequiredspecial usepermit applicationforanSROfacilityandshall beapprovedbythePlanningCommission, or CityCouncil uponappeal. TheManagementPlanmust address management andoperationof thefacility, rental procedures, safetyandsecurityofresidentsandbuildingmaintenance.(E) MinimumSize. AnSROunit shall beat least 150squarefeet infloor area,excludingclosetandrestroomareas.Noindividualunitmayexceed400squarefeet,exceptforthemanager’sunit(s).(F) Density-SROresidentialdensityshallbesubjecttothedensitystandardspermittedintheunderlyingzone.(G) Entrances. All single-roomoccupancyunitsshallbeindependentlyaccessiblefromasinglemainentry,excludingemergencyandotherservicesupportexits.(H) CookingFacilities.Cookingfacilitiesshallbeprovidedeitherinindividualunitsorinacommunitykitchen.Wherecookingis inindividual single-roomoccupancyunits, eachunit shall haveasinkwithhotandcoldwater,acounterwithdedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Coderequirements,andarefrigerator.(I) RestroomFacilities. An SROunit may containpartial or full restroomfacilities. Apartial restroomfacilityshallhave at least atoilet andsink. Afull restroomfacilityshall haveatoilet, sink, andbathtub, shower, or bathtub/showercombination. If afull bathroomfacilityisnotprovidedineachSROunit,commonbathroomfacilitiesshallbeprovidedinaccordancewiththeCaliforniaBuildingCodeforcongregateresidenceswithatleastonefullbathroomperfloorandonefullbathroomperfourunits.(J) Closet. Each SROunit shall have aseparateenclosedall-weather closet. Thecloset shall beat least 120cubicfeetwithaminimumfour-foothorizontaldimensionalongoneplane.(K) Common Interior Area. Four square feet of usable common interior spaceper housingunit shall beprovided,excluding janitorial storage, laundry facilities, common hallways and storage (including bicycle storage). At least 200 125
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page38of41 square feet of common interior space shall be provided as a groundfloor entryareathat provides acentral focus fortenantsocialinteractionandmeetings.(L) LaundryFacilities. Whenlaundryfacilitiesarenotprovidedwithintheunits,laundryfacilitiesshallbeprovidedinaseparateroomattheratioofonewasherandonedryerforeveryten(10)units,withatleastonewasherandonedryerperfloor.(M) Parking. Except for projects that allowonlysenior citizens as definedinCal.CivilCode,Section51.3, Off-streetparkingshallbeprovidedpursuanttotheSROparkingrequirementidentifiedunderSection16-622ofthisChapter.(N) Affordability. All housingunits shall berentedatanaffordablerenttoverylow-incomehouseholds,exceptforamanager’sunit.(O) Existing Structures: An existing structuremaybeconvertedtoanSROfacility, consistent withtheprovisions ofthisSectionandCaliforniabuildingcodeforcongregateresidences.

ARTICLEX.OFF-STREETPARKING
DIVISION2.PARKINGSPACEANDLOADINGREQUIREMENTS
SEC.16-622.SCHEDULEOFVEHICLEOFF-STREETPARKINGREQUIREMENTS. (F) Thefollowingtableliststheminimumoff-streetparkingrequirementsforthecity.

Uses MinimumOff-StreetParkingRequirements Notes
Residential:SeniorCitizenHousingDevelopment: IndependentLivingforseniorcitizensasdefinedinCal.CivilCode51.11 Onespaceperunit,Onevisitorspaceper5units,andOnespaceforeachemployeeon-siteatpeakstaffingIndependentLivingforseniorcitizensasdefinedinCal.CivilCode51.11,wherefacilityprovidesresidentswithtransportationformedical,retailandsocialpurposesorislocatedwithin½mileofamajortransitstop

0.5spaceforeachunit,Onevisitorspaceper5units,Onespaceforeachemployeeon-siteatpeakstaffing,andOneshuttlevanparkingspace Smallresidentialhealthorcarefacility,boardandcarehomewithservinguptosixpersons Seeapplicableparkingrequirementforsingle-familyormultifamilyresidence ResidentialCarefacilityorAssistedlivingresidentialfacilitywhereunitsdonotincludeindividualkitchens,andfacilityprovidesresidentswithtransportationformedical,retailandsocialpurposes Onespaceforeverytwounitsplusoneshuttlevanparkingspace.Onevisitorspaceper5units,Onespaceforeachemployeeon-siteatpeakstaffing,andOneshuttlevanparkingspace 126
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page39of41 Congregatelivinghealthfacility,Convalescenthome,Nursinghomes,MemoryCare,orskillednursingfacilities Onevisitorspaceperthreetenbedsfornursingandconvalescenthomeswhichdonotcontainseparatelivingquarterscontainingindividualkitchens,plusonespaceforeverytwoemployeesrequiredonlargestshift.,Onespaceforeachemployeeon-siteatpeakstaffing,andOneshuttlevanparkingspaceSpecial Housing:EmergencyShelter,permanentorLow-BarrierNavigationCenter Oneoff-streetspacefortheon-sitemanager SeeSection16-504 Groupquartersstylefacility Oneoff-streetspaceforeveryfoursixfarmworkers.Onespaceforeveryfourfacilityemployees,uptofourmaximum.

Theofficialbuildingoccupancyloadshallbeusedtodeterminethenumberoffarmworkerspermitted.Singleandmulti-familyhousingunits Thesameasrequiredelsewhereinthistable
Single-RoomOccupancy Oneoff-streetspacepertwounitsandoneeasilyaccessiblelong-termbicyclestoragespaceperunit.

Withtheexceptionofonemanager’sspace,Off-streetvehicleparkingisnotrequiredwhenthedevelopmentislocatedwithinone-halfmilewalkingdistanceofpublictransit,includingtransitstationsandbusstops; SeeSeniorCitizenHousingDevelopmentparkingrequirementsforprojectsthatallowonlyseniorcitizensasdefinedinCal.CivilCodeSection51.3.

SeeSection16-441
RefertoOxnardBicycle&PedestrianFacilitiesMasterPlanforlong-termbicyclestorage SupportiveHousingorTransitionalHousing
Seeapplicableparkingrequirementforsingle-familyormultifamilyresidence Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional. 127
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page40of41 Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3037wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
128
DraftOrdinanceNo.3037[StreamlineResidentialandCommercialZoning,Farmworker, Supportive,LBNC,SRO,andResidentialCareAmendment]Page41of41 PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3038
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC)§16-501REASONABLEACCOMMODATION, RELATEDTO IMPLEMENTATIONOF THE 2021-2029HOUSINGELEMENT. FILEDBY CITYOF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC).TheproposedmodificationistoupdatetheReasonableAccommodationfindingsinOCCSection16-501toonlyincludeobjectivestandardscomplywiththeFairHousingAct; and WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,onSeptember7,2023thePlanningCommissionheldapublichearingontheamendmentstoChapter16oftheOCCtoimplementZoningTextAmendments(ZTA)stipulatedintheadoptedAmended2021-2029HousingElementPrograms6,9,22,27and32andadopteda ResolutionrecommendingthattheCityCouncilapprovePlanning&ZoningPermitNo.23-580-03(ZoneTextAmendment);and WHEREAS,onNovember7,2023, theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelaw, andencouragingtheprivateandpublicsectorstoproduceaffordablehousingthatmeetstheneedsofspecialneeds,extremelylow-,verylow-and-lowincomepersons..TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and 130
OrdinanceNo.3038[ReasonableAccommodationAmendment]Page2of5 WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1.OxnardCityCodeChapter16,ArticleV, Division17entitled“ReasonableAccommodation”,Section16-501isamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEV.SPECIFICUSEREQUIREMENTS
DIVISION17.REASONABLEACCOMMODATION
SEC.16-501.5.FINDINGSANDDECISION.
(A) Writtenfindings-Theapplicantshallbenotifiedofthedecisionwhethertoapprove,conditionallyapprove,modifyordenytherequestforreasonableaccommodationthroughawrittendetermination.ThewrittendeterminationshallbeconsistentwiththeActsandshallbebasedonthefollowingfindings,allofwhicharerequiredforapproval:
(1) TheaccommodationisrequestedbyoronthebehalfofoneormorepersonswithadisabilityprotectedundertheActs. (2) Theaccommodationisnecessarytoprovideoneormorepersonswithadisabilityanequalopportunitytouseandenjoyadwellingunit. (3) Theaccommodationwillnotimposeanunduefinancialoradministrativeburdenonthecity. (4) Theaccommodationwillnotresultinafundamentalalterationinthenatureofacityprogramorlaw,includingbutnotlimitedtolanduseandzoning. (5) Theaccommodationwillnotresultinadirectthreattothehealthandsafetyofotherpersonsorphysicaldamagetothepropertyofothers. (B) Considerations-Thedirectororplanningcommissionmayconsider,butarenotlimitedto,thefollowingfactorsindeterminingwhethertherequestedaccommodationisreasonablynecessarytoprovideoneormorepersonswithadisabilityanequalopportunitytouseandenjoyadwellingunitorwouldresultinafundamentalalterationinthenatureofthecity’szoningprogram:
(1) Whetherthereasonableaccommodationisbeingprovidedprimarilytobenefitoneormorepersonswithadisability. (2) Whetherthereasonableaccommodationisnecessaryfortherapeuticbenefittotheperson(s)withadisability. (3) Whethertheaccommodationwouldresultinasubstantialincreaseintrafficorinsufficientparking. 131
OrdinanceNo.3038[ReasonableAccommodationAmendment]Page3of5 (4) Whethergrantingtherequestedaccommodationwouldsubstantiallyundermineanyexpresspurposeofeitherthecity’sgeneralplanoranapplicablespecificplan. (5) Whethertherequestedaccommodationwouldsignificantlydepriveanyneighboringpropertyownersoftheuseandenjoymentoftheirownproperties. (6) Whethertherearepreferableand/orfeasiblealternativestotherequestedaccommodationthatmayprovideanequivalentlevelofbenefit. (C) Conditionsofapproval-Ingrantingarequestforreasonableaccommodation,thedirectororplanningcommissionmayimposeanyconditionsofapprovaldeemedreasonableandnecessarytoensurethatthereasonableaccommodationwouldcomplywiththefindingsrequiredbysubsection(A).Conditionsofapprovalforareasonableaccommodationrequestmay,whereappropriate,provideforanyorallofthefollowing:
(1) Inspectionoftheaffectedpremisesbythecitytoverifycompliancewiththisdivisionandanyconditionsofapproval; (2) Removalofthepermittedimprovementsbytheapplicantwhereremovalwouldnotconstituteanunreasonablefinancialburden,iftheneedforwhichtheaccommodationwasgrantednolongerexists;and (3) Timelimitsand/orexpirationoftheapprovaliftheneedforwhichtheaccommodationwasgrantednolongerexists. (Ord.No.2848,2926)
Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection 132
OrdinanceNo.3038[ReasonableAccommodationAmendment]Page4of5 36933.OrdinanceNo.3038wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
133
OrdinanceNo.3038[ReasonableAccommodationAmendment]Page5of5 PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
______________________________________JohnZaragoza,Mayor ATTEST:
______________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
______________________________________StephenM.Fischer, CityAttorney 134
ATTACHMENT7DEVELOPMENTDESIGNREVIEW, SPECIALUSEPERMITEXPIRATIONS,MAJORANDMINORMODIFICATIONS

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.3039
AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC),§16-525DEVELOPMENTDESIGNREVIEWPERMIT, 16-553SPECIALUSEPERMITEXPIRATION,16-560MINORMODIFICATIONTO SPECIALUSEPERMITSAND§16-561MAJORMODIFICATIONSTO SPECIALUSEPERMITS;RELATEDTOIMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILEDBY CITYOF OXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET, OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC);and WHEREAS,theproposedamendmentwillupdatetheDevelopmentDesignReviewpermitproceduresinOCCSection16-525tocodifytheexistingDDRprocessandprovidegreatercertaintyandtransparencyforthedevelopmentcommunity, therebyreducinga barriertodevelopment.Nochangestotheexistingprocedureareproposed;and WHEREAS,theproposedamendmentwillupdatetheSpecialUsePermitexpirationprovisionsfromoneyearto 36monthstoremovea potentialbarriertoconstruction,asoneyearisnotsufficientforaffordableprojectstoobtainfunding.TheproposedtextmirrorstheexpirationtextfortheSitePlanReviewpermit;and.

WHEREAS,theproposedamendmentwillexpanduponthelimitedexistingtextinSections16-560and16-561tocodifytheexistingprocessandfindingsforMinorandMajorModifications.Thisrevisionillprovidegreaterclarity, certaintyandtransparencyforthedevelopmentcommunity, therebyreducinga barriertodevelopment; WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,onSeptember7,2023thePlanningCommissionheldapublichearingontheamendmentstoChapter16oftheOCCtoimplementZoningTextAmendments(ZTA)stipulatedintheadoptedAmended2021-2029HousingElementPrograms6,9,22,27and32andadopteda ResolutionrecommendingthattheCityCouncilapprovePlanning&ZoningPermitNo.23-580-03(ZoneTextAmendment);and 135
OrdinanceNo.3039[DDR,SUPandMMAmendment]Page2of10
WHEREAS,onNovember7,2023, theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelaw, andencouragingtheprivateandpublicsectorstoproducespecialneeds,extremelylow-,verylow-and-low, moderateand-abovemoderateincomepersons. TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1. OxnardCityCodeChapter16,ArticleIV, Divisions2 through4 entitled“DevelopmentDesignReviewPermit”,“SpecialUsePermit”and“ModificationstoSpecialUsePermits”areamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEVII.PERMITPROCEDURES
DIVISION2.DEVELOPMENTDESIGNREVIEWPERMIT
SEC.16-525. WHENREQUIRED;PROCEDURES. PURPOSEANDAPPLICABILITY. (A) Thisdivisionestablishestheproceduresforconductinganadministrative-leveldiscretionaryreviewofcertaindevelopmentapplications,asidentifiedinthischapter.ThisprocessrequirestheDirectortoverifythatcertainneworexpandeduses,activities,structures,ordevelopmentoflandcomplieswithallapplicablepolicies,ordinances,and/orregulationsoftheCity. (B) PriortotheissuanceofbuildingpermitsforbuildingsorstructuresforusesforwhichthischapterdoesnotrequireaSpecialUsePermitorotherzoningpermit,anapplicationforanadministrativeDevelopmentDesignReviewpermitshallbefiledwiththeDirector. 136
OrdinanceNo.3039[DDR,SUPandMMAmendment]Page3of10
Uponreviewoftheapplication,thedirectorshallapprove,conditionallyapproveordenytheapplicationwithinthetimeperiodandinaccordancewithanyproceduresprescribedbyStatelaw. (B) Thedecisionofthedirectormaybeappealedtothecommissionwithintendaysafterthedateofthedirector'sdecision. (`64Code,Sec.34-105.7)(Ord.No.2101) SEC.16-525.1.REVIEWAUTHORITY.
(A) TheCommunityDevelopmentDirector(“Director”)isthereviewauthorityforanapplicationthatrequiresaDevelopmentDesignReviewpermit.TheDirectormayapprove,conditionallyapprove,ordenytheapplication.TheDirectormayreferanapplicationtoanotherreviewauthorityforadecisionontheDevelopmentDesignReviewpermit. (B) WhereaDevelopmentDesignReviewpermitisprocessedconcurrentlywithadiscretionarypermitthatrequiresapprovalbythePlanningCommissionorCityCouncil,thereviewauthoritywithjurisdictionoversuchdiscretionarypermitshallalsohavereviewauthorityovertheDevelopmentDesignReviewpermit.

SEC.16-525.2.PROCEDUREFORDEVELOPMENTDESIGNREVIEW.
(A) WheneverthischapterprovidesthataparticularuseordevelopmentmaybepermittedbyDevelopmentDesignReviewpermit,anapplicationforaDevelopmentDesignReviewpermitshallbedeterminedasprovidedinthisarticle. (B) AnapplicationforaDevelopmentDesignReviewpermitmaybefiledby: (1) Theowner(s)ofthesubjectproperty; (2) Anauthorizedagentrepresentingthepropertyowner(s);or (3) TheCity. (C) EachapplicationforaDevelopmentDesignReviewpermitormodificationtoaDevelopmentDesignReviewpermitmustbefiledwiththeDirectoronacityapplicationform,togetherwithrequiredfeesand/ordeposits,andallotherinformationandmaterialsasidentifiedinthecity'ssubmittalchecklist.Thecitymayaskanapplicanttoclarify,orprovideadditionalmaterialstoaddressquestionsorconcernsduringthereviewprocess.TheDirectorshallnotacceptanapplicationunlessitisaccompaniedbytheapplicationfeesetbyresolutionoftheCityCouncil. (D)TheDirectorordesigneeshallrevieweachapplicationforcompletenessandaccuracybeforeitisacceptedasbeingcompleteforprocessing.Inadditiontotherequirementsofthischapter,eachapplicationisrequiredtobeincompliancewiththerequirementoftheFAAAirportHazardOverlayandtherequirementsoftheVenturaCountyCulturalHeritageBoard. (E) TheapplicationshallbereviewedbytheDevelopmentAdvisoryCommittee(DAC)forconsistencywithapplicableregulationsandstandards. (F) Theapplicantshallbeinformedinwritingwithin30calendardaysofapplicationsubmittalorasrequiredbytheGovernmentCode,thateithertheapplicationiscompleteandhasbeenacceptedforprocessing,orthattheapplicationisincompleteandthatadditionalinformation,specifiedinwriting,shallbeprovidedbeforeitcanbeacceptedforprocessing. (G) Iftheapplicantdoesnotcompletetheirapplicationwithin90daysafternotificationthattheapplicationisincomplete,theapplicationshallbedeemedwithdrawn,unlessawrittenrequestforextensionisfiledbytheapplicantandgrantedforgoodcausebytheDirectorforaperiodnottoexceedanadditional90days.Ifanextensionisnotgranted,oriftheextensionexpires,theapplicationshallbeconsideredwithdrawn.Acourtesyletterfromthecityshould 137
OrdinanceNo.3039[DDR,SUPandMMAmendment]Page4of10
besenttotheapplicantdocumentingthewithdrawal.Anewapplication,includingfees,plans,exhibits,andothermaterialsthatwillberequiredtocommenceprocessingofanydevelopmentprojectonthesameproperty.

SEC.16-525.3.PUBLICWORKSHOPONAPPLICATION.
(A) TheapplicationforaDevelopmentDesignReviewpermitonparcelslocatedinoradjacenttoestablishedNeighborhoodPlanningAreasshallbepresentedtothegeneralpublicatacommunityworkshopconductedbythePlanningDivisionpriortoapublichearingontheproposedproject.Theworkshopisintendedtoprovidetheapplicantwiththeopportunitytopresenttheproposeddevelopmenttonearbypropertyownersandtoallowresidentstheopportunitytoaskquestionsandprovideinputdirectlytotheapplicant.

SEC.16-525.4.HEARINGONAPPLICATION.
(A) AllapplicationsforDevelopmentDesignReview permitshallbeheardbytheDirectorduringapublichearing. NoticeofthehearingshallbegivenbytheDirectorordesigneepursuanttoCal.Gov'tCode,Section65091. ThedateofthehearingontheapplicationshallbesetwithinthetimeprovidedbyStatelaw. (B) Ifforanyreason,anyhearingcannotbecompletedonthedaysetthereof,theDirectormaycontinuethehearingbypubliclyannouncingthetimeandplacetowhichthehearingiscontinued.Nootherformofnoticeofsuchcontinuanceshallberequired.

SEC.16-525.5.REQUIREDFINDINGS.

TheReviewAuthoritymustmakethefollowingfindings:
(A) Thedevelopmentisconsistentwiththeapplicablegeneralplanpoliciesandisinconformancewithapplicablezoningregulationscontainedinthischapterandotheradoptedstandards. (B) Thereareadequateinfrastructureandpublicservicesavailabletoservetheproposeddevelopment,includingsewage,water,fireandpoliceprotection,stormdrainagefacilities,roadway,sidewalksandlegalaccesstothelot. (C) Theproposeddevelopmentisonalegallycreatedlot.
(D) Thesiteisadequateinsizeandshapetoaccommodatetheyards,walls,fences,parkingandloadingfacilities,landscapinganditemswhichmayberequiredbySection16-525.6.

SEC.16-525.6.CONDITIONS.

TheconditionsimposedonaDevelopmentDesignReviewpermitmayinvolveanyfactorsaffectingtheestablishment,operationormaintenanceoftherequesteduse,including,butnotlimitedto:
(A) Specialyards,openspacesandbufferareas;
(B) Fencesandwalls;
(C) Trafficcirculationandparkingfacilities,includingvehicularingressandegressandthesurfacingandlightingofparkingareastospecifiedstandards; (D) Streetandalleydedicationsandimprovements,includingsidewalks,curbsandgutters; (E) Watersupply,fireprotection,sewerageserviceandstormdrainagefacilities; (F) Landscapingandmaintenanceofgrounds;
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(G) Regulationofnuisancefactorssuchasnoise,vibrations,smoke,dust,dirt,odors,gases,noxiousmatter,heat,glare,electromagneticdisturbancesandradiation; (H) Regulationofoperatinghoursforactivitiesaffectingnormalneighborhoodschedulesandfunctions; (I) Regulationofsignsandoutdooradvertising;
(J) Aspecifiedperiodlimitingthetimeinwhichdevelopmentmaybegin; (K) Provisionforabondorothersuretythattheproposedspecialusewillberemovedonorbeforeaspecialdate; (L) Heightlimitationstoprotectthecharacterandintegrityofabuttingparcelsorthegeneralwelfare,providedthemaximumdensityallowedforresidentialdevelopmentscanstillbeachieved;and (N) SuchotherconditionsaswillmakepossiblethedevelopmentoftheproposeddevelopmentinanorderlyandefficientmannerandingeneralaccordancewiththeintentofthischapterandincompliancewithStateLaw.

SEC.16-525.7.NOTICETOAPPLICANT.
(A) Notlaterthan10daysfollowingthedayaresolutionofdecisionisadoptedordenied,theDirectorordesigneeshallsendnotificationofthedecisiontotheapplicantattheaddressappearingontheapplicationorsuchotheraddressasisdesignatedinwritingbytheapplicant. Notificationshallincludeacopyoftheresolutionofapprovalordenial,andanyconditionsimposedonthepermit,ifgranted. (B) WithsuchnotificationtheDirectorshallprovideacopyofSection16-525.9,settingforththeprocedureforanapplicanttoappealthedecision.

SEC.16-525.8.EFFECTIVEDATEOFRESOLUTION.
(A) AresolutiongrantingordenyinganapplicationforaDevelopmentDesignReview permitormodifyingorrevokingaDevelopmentDesignReview permitordenyinganapplicationformodificationorrevocationofaDevelopmentDesignReviewpermitiseffectiveaftertheappealperiodidentifiedinthisDivisionhaspassed.

SEC.16-525.9EXPIRATIONDATEANDEXTENSION.
(A) ADevelopmentDesignReviewpermitshallexpire36monthsfromthedateofissuanceiftheuse,building,structure,orotherimprovementsforwhichthepermithasbeenissuedhasnotbeenestablishedorcommencedincompliancewiththeissuedpermitorunlessatimeextensionisapproved.Iftheapprovedapplicationisnotusedwithinthetimelimit,theapprovalbecomesnullandvoid. (B) NotwithstandingSubsection(A),above,whereanapplication,includingrequiredfees,requestinganextensionistimelyfiledpriortosuchexpirationdate,theDirectormayapproveaone-timeextensionofthetimelimitinSubsection(A),above,foraperiodofnottoexceedoneyear.Inconsideringatimeextension,thereviewauthoritymustmakethefollowingfindings:
(1) Thegrantingoftheextensionmustbebaseduponafindingofgoodcause. (2) Alloriginalfindingsforapprovalcanstillbemade.

SEC.16-525.10. FINALITYOFDECISION. AdecisionoftheDirectorshallbecomefinalandconclusiveatthetimeofexpirationoftheappealperiod10calendardaysafterthedateofthedecisionunlesspriortotheexpirationofsuchperiodatimelyappealornoticerequesting 139
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reviewinproperformisfiledwiththePlanningCommission.IntheeventanappealperiodendsonadaywhentheCityisclosedforbusiness,theappealperiodshallbeextendedtothenextbusinessday.ThefilingofsuchanappealornoticerequestingreviewshallautomaticallystaytheexecutionofthedecisionoftheDirectorpendingrenditionofadecisionbythePlanningCommission.

SEC.16-525.10. APPEALOFDECISIONTODIRECTOR;WHOMAYAPPEAL;FILINGPROCEDURES;FEE. (A) ApersonmayfileanappealonadecisionoftheDirectorapprovingordenyinganapplicationforaDevelopmentDesignReviewpermitnotlaterthan10daysafterthedateofthedecision.

AreviewofadecisionoftheDirectormaybecommencedbytheCityManagerordesigneeoramemberoftheCityCouncilbyfilingwiththeCityClerkanoriginalandtwocopiesofanoticerequestingreview. (C) AnappealmaybecommencedbyanypersonorentityaggrievedordirectlyaffectedbyadecisionoftheDirectorbyfilingwiththeSecretaryofthePlanningCommissionanoriginalandtwocopiesofanoticeofappealthatspecifiesthegroundsforappealandthereliefrequested. TheSecretaryofthePlanningCommissionshallsetthedateofhearingontheappealwithinareasonableperiodoftimeafterreceiptoftheappeal,andshallgivenoticeofapublichearingontheappealpursuanttoCal.Gov'tCode,Section65091.

DIVISION3.SPECIALUSEPERMIT
SEC.16-553.EXPIRATIONDATEANDEXTENSION.

Ifatimelimitationisspecifiedinaspecialusepermit,thespecialusepermitshallexpireassospecified.Ifnodateisspecified,aspecialusepermitshallexpirewithinoneyearfromthedateofissuanceunlesstheusehasbeensubstantiallydevelopedordiligentlypursued;provided,however,thatiftherebeanexpresswaiverinanysuchspecialusepermitoftheconditionofsuchone-yeartimelimitation,suchone-yeartimelimitationshallnotapply.Afterexpirationofaspecialusepermit,thepropertyaffectedtherebyshallbesubjecttotheregulationsoftheapplicablezoneclassification. (`64Code,Sec.34-157.1)(Ord.No.917)
(A) ASpecialUsePermitshallexpire36monthsfromthedateofissuanceiftheuse,building,structure,orotherimprovementsforwhichthepermithasbeenissuedhasnotbeenestablishedorcommencedincompliancewiththeissuedpermitorunlessatimeextensionisapproved.Iftheapprovedapplicationisnotusedwithinthetimelimit,theapprovalbecomesnullandvoid. (B) NotwithstandingSubsection(A),above,whereanapplication,includingrequiredfees,requestinganextensionistimelyfiledpriortosuchexpirationdate,theDirectormayapproveaone-timeextensionofthetimelimitinSubsection(A),above,foraperiodofnottoexceedoneyear.Inconsideringatimeextension,thereviewauthoritymustmakethefollowingfindings:
(1) Thegrantingoftheextensionmustbebaseduponafindingofgoodcause. (2) Alloriginalfindingsforapprovalcanstillbemade.

DIVISION4.MODIFICATIONSTOSPECIALUSEPERMITS
SEC.16-560.MINORMODIFICATIONS;WHENREQUIRED;PROCEDURES.
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(A) Modificationstospecialusepermitsthatsubstantiallyconformtotheapprovedorissuedpermitanddonothaveanyadditionaladverseeffectonabuttingparcelsorthegeneralhealth,safety,orwelfareareeligibleforreviewasminormodifications. Aminormodificationmayallowforanincreaseordecreaseofthefollowingelementsoftheapproveddevelopment,bynomorethantenpercent(10%):
(1) Approvedbuildingheight;
(2) Approvedsetbackdistances;
(3) Landscapecoverage;
(4) Buildingfloorarea;
(5) Sitebuildingcoverage;
(6) Dimensionalstandardsforparking,loadingandcirculationthatdonotresultinareductionintherequiredparkingandloadingspaces; (7) Outdooropenspacerequirements;
(8) Otherapprovednumericaldevelopmentstandards.
(9) Exclusions:MinorModificationstoSpecialUsePermitsshallnotbegrantedforthefollowingstandards:
(a) Minimumnumberofrequiredparkingspaces;(b) FloorAreaRatioorResidentialDensity.

InnocasemaytheincreaseordecreasebebelowtheminimumorexceedmaximumstandardsestablishedbytheCityCode.InnocaseshallaminormodificationbegrantedpursuanttothisChaptertopermitauseoractivitythatisnototherwisepermittedintheZonewherethepropertyislocated. (B) Modificationstobuildingelevationsmaybeconsideredunderaminormodification,providedthatmodifiedelevationscomplywithapplicableobjectivedesignstandardsandapplicablezoningregulationscontainedinthisChapterandotheradoptedstandards. (BC) AnapplicationforaminormodificationshallbefiledwiththeDirector.Threecopiesofthesiteplan,elevationandlandscapeplan,ifapplicable,shallbesubmittedwithaletteroutliningtherequestedmodification.TheapplicationshallstateinwritingthenatureofthemodificationrequestedandexplainwhythefindingsnecessarytograntthemodificationsidentifiedinSEC.16-560.1canbesatisfied. (CD) FeesforfilinganapplicationforaminormodificationtoaSpecialUsePermitshallbesetbyresolutionoftheCityCouncil. (DE) Uponreviewoftheapplication,theDirectorshallissueawrittendecisionapproving,conditionallyapprovingordenyingtheapplicationwithinthetimeperiodprescribedbyStatelaw. (EF) TheDirector’sdecisionofthemanagertoapprove,conditionallyapproveaMinorModificationtoaSpecialUsePermitmaybeappealedtothePlanningCommissionwithintendaysofthedateofissuance,inaccordancewiththeprocedureforhearinganapplicationforaspecialusepermitasprovidedinthischapter.ThedecisionofthePlanningCommissionshallbefinal.AppealsofadenialbytheDirectormaybemadebyfilingamajormodificationapplicationforconsiderationbythePlanningCommission. (G)IfaMinorModificationapplicationisprocessedconcurrentlywitharequireddiscretionarypermit,thereviewauthoritywithjurisdictionoverthediscretionarypermitshallalsohavereviewauthorityovertheMinorModification. 141
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SEC.16-560.1.RequiredFindingsforMinorModifications
InordertograntaMinorModificationtoaSpecialUsePermit,theReviewAuthoritymustmakethefollowingfindings:
(A) Allprovisionsofthisarticlearemet;
(B) TheproposedMinorModificationisconsistentwiththeapplicablegeneralplanpoliciesandisinconformancewithapplicablezoningregulationscontainedinthischapterandotheradoptedstandards; (C) TheapprovalorconditionalapprovaloftheMinorModificationwillnotbedetrimentaltopublichealth,safety,orgeneralwelfare.

SEC.16-561.MAJORMODIFICATIONS.
(A) MajormodificationstoaChangestoanapprovedSpecialUsePermitthatdonotqualifyasMinorModificationsunderSection16-560shallbehandledinamannersimilartotheinitialapplicationfortheSpecialUsePermit.MajorModificationsarethosethatinvolvesubstantialincreasesincoverage,majoradditionstothebuildingsorstructures,creationofextraparkingneeds,trafficorothersiteproblemsandshallbeheardbythePlanningCommission. (B) ApplicationsdescribingshallincludethesameasrequiredsubmittalmaterialrequiredforaSpecialUsePermitunderSection16-533ofthisChapterandshallbesubmittedtothePlanningDivision,therequestedmodification.Theapplicationshallstateinwritingthenatureofthemodification(s)requested. (C) FeesforfilinganapplicationforaMajorModificationtoaSpecialUsePermitshallbesetbyresolutionoftheCityCouncil. (D) AnapplicationforaMajorModificationtoaSpecialUsePermitshallbeheardandnoticeshallbeprovidedinthemannerrequiredunderDivision3ofthisArticleforaSpecialUsePermits. (`64Code,Sec.34-110.2)(Ord.No.916,1409)
SEC.16-561.1.RequiredFindingsforMajorModificationsInordertograntaMajorModificationtoaSpecialUsePermit,theReviewAuthoritymustmakethefindingsforgrantingaSpecialUsePermitinSection16-531ofthisChapter.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3039wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
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PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
______________________________________JohnZaragoza,Mayor ATTEST:
______________________________________RoseChaparro,CityClerk APPROVEDASTOFORM:
______________________________________StephenM.Fischer, CityAttorney 144
ATTACHMENT13OBJECTIVEDESIGNSTANDARDSFORMULTIFAMILY

CITYCOUNCILOFTHECITYOFOXNARD
ORDINANCENO.

AN ORDINANCEOF THE CITYCOUNCILOF THECITYOF OXNARDAMENDINGCHAPTER16 (ZONING)OF THEOXNARDCITYCODE(OCC),§16-360TO §16-362ATTACHEDDWELLINGUNITSTANDARDS; RELATEDTOIMPLEMENTATIONOFTHE2021-2029HOUSINGELEMENT. FILEDBYCITYOFOXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHCSTREET,OXNARD,CA,93030.

WHEREAS,theCityCounciloftheCityofOxnardhasconsideredZoneTextAmendment(ZTA)PZNo.23-580-03,filedbytheCityofOxnardCommunityDevelopmentDepartment,toamendChapter16oftheOxnardCityCode(OCC);and WHEREAS,theproposedamendmentwillupdatetheOCCtoprovideobjectivedesignstandardsformultifamilyresidentialdevelopmentto complywithSB330.Objectivestandardsinvolveno personalorsubjectivejudgmentbya publicofficial.Theobjectivestandardsarerequiredforstreamlinedandministerialreviewof SB 35 projectsandprovidefixedstandardsfor whenthe lawrequiresby-rightapprovalofdevelopment.Objectivedesignstandardswillalsoreducebarriersbyprovidinga predictablesetofstandardsthatare not subjectto subjectiveinterpretationandwillstreamlinereviewof multifamilydevelopmentapplications,consistentwithHousingElementProgram6;and WHEREAS,theproposedamendmentwillupdatetheSpecialUsePermitexpirationprovisionsfromoneyearto 36monthstoremovea potentialbarriertoconstruction,asoneyearisnotsufficientforaffordableprojectstoobtainfunding.TheproposedtextmirrorstheexpirationtextfortheSitePlanReviewpermit;and.

WHEREAS,theproposedamendmentwillexpanduponthelimitedexistingtextinSections16-560and16-561tocodifytheexistingprocessandfindingsforMinorandMajorModifications.Thisrevisionillprovidegreaterclarity, certaintyandtransparencyforthedevelopmentcommunity, therebyreducinga barriertodevelopment; WHEREAS,on October25,2022theStateof CaliforniaDepartmentof HousingandCommunityDevelopment(HCD)certifiedtheCityofOxnard2021-2029HousingElement.Programs6,9,22,27and32ofthe2021-2029HousingElementrequiretheCityupdateChapter16oftheOxnardCityCode(OCC)by2023tocomplywithstatelawson ADUparking,DensityBonus,SupportiveHousing,EmergencyShelters,Low-BarrierNavigationCenters,SingleRoomOccupancy, FarmworkerHousing,ResidentialCareFacilities,ReasonableAccommodation;andotherordinancemodificationstostreamline,clarifyandsimplifypermittingrequirementstocomplywithStateregulatoryrequirementsandlaws; and WHEREAS,onSeptember7,2023thePlanningCommissionheldapublichearingontheamendmentstoChapter16oftheOCCtoimplementZoningTextAmendments(ZTA)stipulatedintheadoptedAmended2021-2029HousingElementPrograms6,9,22,27and32andadopteda ResolutionrecommendingthattheCityCouncilapprovePlanning&ZoningPermitNo.23-580-03(ZoneTextAmendment);and 145
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page2of12 WHEREAS,onNovember7,2023,theCityCounciloftheCityofOxnardconducteda dulynoticedpublichearingtoconsiderPlanningandZoningPermitNo.23-580-03(ZoneTextAmendment)inaccordancewiththeOCC,and WHEREAS,theCityCouncilreceivedwrittenandverbalcommentsfromthepublic;and WHEREAS,theCityCouncilfindstheproposedZoningTextAmendmentisinthepublicinterestandgeneralwelfarebycomplyingwithStatelaw, andencouragingtheprivateandpublicsectorstoproducespecialneeds,extremelylow-,verylow-and-low, moderateand-abovemoderateincomepersons. TherearenochangesrecommendedundertheproposedZTAthatwouldreduceorcompromiseexistingstandardsthatprotectthehealth,safetyorgeneralwelfareoftheCity;and WHEREAS,theproposedZTAdoesnotinvolveanydirectphysicalchangestotheenvironment.Therearenochangesinlandformsoranintensificationoflandusesasa partoftheproposedZTA andallpublicservicesforexistinglanduseswillremainas-is,withnochangesandnodiminishmentofserviceorsafety;and WHEREAS,theproposedZTAtoChapter16oftheOCCwouldestablishspecificprovisionsconsistentwiththeactionitemsandpolicydirectivesinthe2030GeneralPlan;and WHEREAS,theCityCouncildeterminedthatthisactionisexemptfromenvironmentalreviewpursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesSections15060(c)(2)and(3)and15061(b)(3)as thisZTA is a regulatoryactionwhichwillnotresultindirectorreasonablyforeseeableindirectphysicalchangeintheenvironmentandwhenitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasignificanteffectontheenvironmentarenotsubjecttoCEQA;and WHEREAS,itisinthepublicinterest,consistentwiththe2030GeneralPlan.

NOW, THEREFORE,theCityCounciloftheCityofOxnarddoesordainasfollows:

Section1.OxnardCityCodeChapter16,ArticleIV, Divisions2entitled“AttachedDwellingUnitDevelopmentStandards”;isamendedtoreadasfollows(Onlyunderlinedportionsaretobeadded):

ARTICLEIV.STANDARDSFORALLZONES
DIVISION2.ATTACHEDDWELLINGUNITDEVELOPMENTSTANDARDS
SEC.16-360.PURPOSEANDINTENT.

Thepurposeandintentofthisdivisionistoimplementthegoalsandobjectivesofthegeneralplantoprovidequalitymultiple-familyhousing.Theobjectivedevelopmentanddesignstandardsprovidemandatorystandardsforspecifiedresidentialdevelopment.UnderStateLaw,objectivestandardsinvolvenopersonalorsubjectivejudgmentbyapublicofficialandareuniformlyverifiablebyreferencetoanexternalanduniformbenchmark.Theobjectivestandardsarerequirementsforresidentialdevelopment,aswellasmixedusedevelopmentthatincludesresidentialuses. (`64Code,Sec.36-7.9.1)(Ord.No.2152)
SEC.16-361.APPLICABILITY.DEVELOPMENTSTANDARDS.
146
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page3of12 TheprovisionsofthisdivisionSectionshallapplytothedevelopmentofanynewattachedmulti-familyresidentialprojectofsixormoreunits.Projectsoffiveunitsorlessshallbesubjectonlytothedevelopmentstandardsofthezoneinwhichsuchprojectsarelocated,Section16-361(A),andsuchotherprovisionsofthiscodeasmayapply.

SEC.16-362.DEVELOPMENTSTANDARDS.
(A) Minimumdwellingsize-Onebedroom:450squarefeet;twoormorebedrooms:800squarefeet. (B) Buildingseparation-MinimumseparationbetweenanytwobuildingsshallbeadistanceequaltohalfoftheheightofthetallerstructureunlessotherwisedeterminedbyhealthandsafetyrequirementsagreateramountisrequiredbytheCaliforniaBuildingCode.TherequiredseparationmaybereducedduringtheDevelopmentAdvisoryCommitteereviewprocess. (C) Recreationfacilities-Multiple-familyattacheddwellingunitsof12unitsormoreshallprovidecommonrecreationalfacilitieswithinterioryardspaceareastoinclude,butnotbelimitedto,onetwoormoreofthefollowing:
(1) Swimmingpools;(2) Spa;(3) Tennisand/orbasketballorvolleyballcourts;(4) Barbecuesandoutdoorpicnicfacilities;(5) Recreationbuildings;(6) Exercisecoursesandstations;(7) Children'splayequipment;and(8) SuchotherfacilitiesasareapprovedbytheReviewAuthorityplanningcommission. (D) Openarea-Projectshaving12ormoreunitsshallprovideatleastonelawnareaofnotlessthan2,500squarefeetandhavingaminimumdimensionofnotlessthan35feetinanydirection. (E) Distancetogaragefromdwellingunit-Themaximumdistancetoagaragefromanydwellingunitentryshallbe75feet. (E)(F) Balconiesandpatios-Allsecondstorydwellingunitsshallhaveatleastonepatioorbalcony,havingaminimumdimensionoftenfeetbytenfeet(100squarefeetminimum).Allgroundfloordwellingunitsshallhaveapatioconcreteslabofatleast100squarefeet. (F)(G) Balconyenclosures-Allbalconiesandpatiosshallhaverailingsorwallswhichprovideatleast50%enclosure. (G)(H) Storageareas-Eachdwellingunitshallhaveastorageareaofatleast225cubicfeet.Thestorageareamaybeincludedinthegarageareabutmaynotintrudeintotheminimumgaragedimensions. 147
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page4of12 (H)(I) Garages-Allgaragesshallhaveautomaticgaragedooropeners.Allgaragedoorsshallhavearchitecturaltreatmentordetail. (I)(J) Utilitymeters-Wall-mountedutilitymetersshallbescreenedorintegratedintothebuildingdesign.Eachdwellingunitshallbeconstructedwithaseparateutilitysystemandmeter. (J)(K) Refuseenclosures-Refuseenclosuresshallbedesignedtoreflectthemajordesignelementsordetailsoftheresidentialunitsandshallprovideaccessforpersonsseparatefromtherefusevehicleaccess.Buildingsthatincludefourstoriesormoreshallprovideelevators,exceptwherethethirdstoryconsistsentirelyofupperlevelsofresidencethathaveentrancesatthefirstorsecondstory. (K)LaundryFacilities.Eachdwellingunitshallhavealaundryareatoaccommodateawasheranddryer.Whenlaundryfacilitiesarenotprovidedwithintheunits,commonlaundryfacilitiesshallbeprovidedinaseparateroomwithaminimumoftwowashersandtwodryers.Additionalwashersanddryersmustbeprovidedforanydevelopmentthathasmorethantwentyunitsataminimumratioofonewasherandonedryerforeveryadditionaltwentyunits.Anyfractionalcalculationsshallberoundedup. (`64Code,Sec.36-7.9.3)(Ord.No.2152,2923)
SEC.16-362.DESIGNSTANDARDS.

TheprovisionsofthisSectionshallapplytothehousingdevelopmentofanynewattachedmulti-familyresidentialprojectoftwoormoreunits,notincludingAccessoryDwellingUnits.Thedevelopmentshallincorporatethefollowingobjectivedesignstandards:
(A) Neighborhoodcompatibility.
(1)Residentialdevelopmentslocatedabuttingoracrossthestreetfromasingle-familyneighborhoodshallorientthebuildingstothestreetwithindividualentries,patioareasandlandscapingfacingthesingle-familyhomes.Parkinglotareas,garagesandcarportsshallbelocatedbehindresidentialstructuresunlessitistechnicallyinfeasiblebasedonotherCityorStaterequiredstandards.(2)Duplexes,triplexes,andfourplexesabuttingoracrossthestreetfromasingle-familyneighborhoodshallincludeindividualfrontdoorsandinteriorstairs(whenstairsareneededandwhenallowedforADAaccessibility).(3)Whendeterminednecessarybyanoiseassessment,soundwallsshallincludeanearthbermandlandscaping.Wallsshallnotexceedtenlinearfeetwithoutopeningsalongprimarystreetfrontagesand25linearfeetalongsideandrearstreetfrontages. (B)Buildingdesign.
(1)Buildingsshallorienttowardstheprimarystreetfrontageorinternalcourtyard.Directpedestrianaccessshallbeprovidedbetweenthepublicsidewalkandtheprimarybuildingentry.(2)Buildingsshallcarrythesamethemeonallelevations.Forthisstandard'spurposes,athemeincludesprimary(non-accent)materialsandcolors. 148
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page5of12 (3)Exteriorsidingshallbemadeofnonreflectiveandnonmetallicmaterials.Acceptablesidingmaterialincludeswood,stucco,ceramictile,brick,stone,orothermasonrymaterials,oranycombinationofthesematerials.(4)Affordableunitsandmarketrateunitsinthesamedevelopmentshallbeconstructedofthesameorsimilarexteriormaterialsanddetailssuchthattheunitsarenotdistinguishable.(5)Blankwalls(facadeswithoutdoors,windows,landscapingtreatments)shallbelessthan30feetinlengthalongsidewalks,pedestrianwalks,orpubliclyaccessibleoutdoorspaceareas.(6) Buildingsoverthreestoriesmustprovideagroundfloorelevationthatisdistinctivefromtheupperstoriesbyprovidingamaterialchangeorcolorchangebetweenthefirstfloorandupperfloorswheninalignmentwithachangeinarchitecturalfenestrationorfacadearticulation.Thechangeinmaterialorcolorshalloccuralongatleast75%ofthebuildingfacadewithfrontageuponastreet,adjacentpublicpark,orpublicopenspace.(7)Buildingsoversevenstoriesmustprovideatallergroundfloorelevationorabaseencompassingthesecondfloorthatisdistinctivefromtheupperstoriesbyprovidingamaterialchangebetweenthefirsttwofloorsandtheupperfloorswheninalignmentwithachangeinarchitecturalfenestrationorfacadearticulation.Thechangeinmaterialshalloccuralongatleast75%ofthebuildingfacadewithfrontageuponastreet,adjacentpublicpark,orpublicopenspace.(8)Rainguttersanddownspoutsshallintegrateascloselyaspossiblewithbuildingdesignelements,includingmatchingadjacentbuildingcolorsascloselyaspossible.(9) Theprimarystreetandthesidestreetfrontages,upto75feetfromtheprimarystreetfrontpropertyline,ofon-gradeparkingpodiumsandparkingstructuresshallbelinedwithoccupiable,usablespacewithaminimumdepthof18feet.Non-linedportionsofabove-gradegarages(rearoflotsalongsidestreets,orwherezero-lotlineconditionisnotutilized)mustbesetbackatleastfivefeet.Thesetbackareashallcontainlandscapingofthesamequalityaselsewhereontheproperty.Incaseswheregaragesareexposedtothestreet,thegarageshouldbedesignedasacontinuationofthebuildingitserves,withthesamelevelofdetailandpatternofopenings.(10) Windowsfacingpublicstreetsorpublicopenspacesshallincorporateoneofthefollowing:a. 4”minimumheaders,sills,orinsetmaterial;b. 2"widetrimsurrounds;c. 2”insetorrecess.(11) Atleasttwomaterialsshallbeusedonanybuildingfaçadewithfrontageuponastreet,adjacenttoapublicparkorpublicopenspace,inadditiontoglazingandrailings.Anyonematerialmustcompriseatleast20%ofthebuildingfrontage.(12) Buildingfacadesshallbemulti-colored.Eachfacademustcontainnotlessthantwobutnotmorethanfivedistinctcolors.Extremelybrightcolorsareonlyallowedondoors,windowtrim,orotherbuildingcomponentsthatrepresentasmallportionoftheoverallbuildingfacade.Materials,finishes,fixtures,andcolorsvisiblefromstreetfrontages,publicorprivateparks,orpublicorprivateopenspaceshallbedesignedinamannerthatisconsistentwiththearchitecturalstyleofthebuilding. (C)Entrances
(1)Forallresidentialandnonresidentialuses,atleastoneprimaryentrancetoaground-flooruseshallfacetheprimarystreetright-of-way.Individualresidentialunitentriesmayfaceasecondary/sidestreetorbeaccessedthroughthebuilding'sinterior.Oncornerparcels,theprimaryentrancemayfacethestreetcorneroftheprimarystreetandasecondarystreet. 149
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page6of12 (2)EntrancesforMixed-UseDevelopments.Separateentrancesshallbeprovidedforthenonresidentialandresidentialportionsofamixed-usebuilding.(3)NonresidentialEntrancesshallincorporateatleastoneofthefollowingentryfeatures:(a) Shopfront–Characterizedbyafrontagewherethemainfaçadeofthebuildingisatorneartheright-of-way/propertyline,withthebuildingentranceatsidewalkgrade.Typicalelementsincludesubstantialglazingonthesidewalklevelandacanopyorawningelementabovemostofthefrontage.(b) Gallery,minimumwidthof10feet–Afrontagewherethemainfaçadeofthebuildingisalightedatorclosetotheright-of-way/propertylineandanattachedcantileveredshedrooforlightweightcolonnadeoverlapsthesidewalk.(c) Forecourt–Afrontagewhereaportionofthemainfaçadeofthebuildingisatorneartheright-of-way/propertylineanda(generallycentral)portionissetbacktocreateasmallcourtyard.(d) CommercialTerrace-Afrontagewhereaterraceorpatioextendsalongthebuilding’sfrontageprovidingoutdoorusestypicallyassociatedwiththenon-residentialuse,suchasoutdoorcafes.(4) ResidentialEntrances.Exteriorentrancesservingresidentialunitsorbuildingsshallincorporateoneofthefollowingentryfeatures:(a) Stoop–withaminimumsizeoffourfeetbyfourfeetandnohigherthanfivefeetinheight(abovetheadjacentsidewalk);(b) Porch–withaminimumsizesixfeetbyeightfeetforcommonentriesandatleastfivefeetbyeightfeetforindividualentries(c) Overhang(ifbuildinghasasharedlobby)witharecesseddepthofatleastthreefeet. (D) MassingandArticulation.
(1) Architecturalarticulationshallbeprovidedonallfoursidesofabuilding.Thebuildingfaçadedesignmustincorporateatleasttwo(2)details:windowtrim,windowrecesses,cornices,beltcourses,avarietyoffinishesmatchingfrontfacades,balconies,porches,andtrellises.(2) Atleasttwofeaturessuchasbalconies,cantilevers,dormers,baywindows,patios,porches,stoops,individualizedentries,andaccentmaterialsshallbeincorporatedintoeachproposedbuilding.(3) Buildingsoverthreestoriestallshallhavemajormassingbreaksatleastevery100feetalonganystreetfrontage,adjacentpublicpark,publiclyaccessibleoutdoorspace,ordesignatedopenspace,usingvaryingsetbacksand/orbuildingentries.Majorbreaksshallbeatleast30inchesdeepandfourfeetwideandextendthebuilding'sfullheight.(4) Buildingsshallhaveminormassingbreaksatleastevery50feetalongthestreetfrontage,throughvaryingsetbacks,buildingentriesandrecesses,buildingstep-backsorstructuralbays.Minorbreaksshallbeatleast12inchesdeepandfourfeetwide.(5) Rooflinesshallbeverticallyarticulatedatleastevery50feetalongthestreetfrontageusingoneofthefollowingtechniques:(a) Achangeinheightofaminimumoffour(4)feet(b) Achangeinroofpitch,plane,orform(c) Theadditionofarchitecturalelementssuchasparapets,dormers,varyingcornices,reveals,andclerestorywindows (E) Sitedesign.
(1) Whendwellingunitsareabuttingcommonopenspaceareasandparks,aminimumofonewindowfromeachdwellingshallbelocatedtooverlookcommonareasandparks. 150
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page7of12 (2) Garagesandcarportsshallbedesignedtoincludeaminimumoftwoofthefollowingfromthemainbuilding(s):materials,detailing,roofmaterials,orcolors. (3)Controlledentrancestoparkingfacilities(gates,doors,etc.)shallbeatleast20feetsetbackfromthebackofsidewalktoaccommodateonevehicleenteringthefacility,or40atleast40feetsetbackwhenmorethan40parkingspacesarerequired. (4) Wherebicycleparkingisnotvisiblefromthestreet,directionalsignagetobicycleparkingshallbeincludedatthemainbuildingentrance.Thesignageshallbeintheformofeitheradirectorynotexceedingsixsquarefeetandoruptotenindividualdirectionalsignsnotexceedingonesquarefooteach. (5) Withincommercialzonesparkingshallnotbeallowedwithinthefrontsetbackareasanddirectpedestrianaccesstothebuilding(s)mustbeprovidedfromthepublicright-of-way.Directpedestrianaccessbetweenthepublicright-of-wayandthebuildingshallnotrequirecrossingparking,driveaisles,orotherspacesusedforvehicularcirculation. (6) Withincommercialzonesallhousingdevelopmentsmusthavedirectinteractionwiththepublicright-of-way.Theseresidentialunitsmayhavecoveredpatiosanddeckswhichcanbeconstructedwithinthefrontyardsetbackwithinfivefeetofthepropertylineprovidedthepatiosordeckshavestepsandorgateswhichleaddirectlytothepublicright-of-way.Secondandthirdfloorresidentialunitsmayhavedecksandorbalconieswhichencroachuptotenfeetintothefrontyardsetback. (7) Surfaceparkinglots.InadditiontotheParkingAreaLandscapeRequirementsinSection16-641ofthisChapter,thefollowingrequirementsshallapplytosurfaceparkinglotsforresidentialdevelopment.WheretherequirementsconflictwithSection16-641,therequirementsinthisSubsectionshalltakeprecedent:(a) Allsurfaceparkinglotsshallbescreenedfromstreetviewsbyatleastoneofthefollowing:(i) Buildings(ii) DecorativeWalls(36to48inchestall)(iii) Plantedearthberm(36-48inchestall)nolessthanfivefeetwide,(iv) Plantedfencing(b) Landscapingwithinoraroundtheparkingareashallcoveraminimumratioof10%ofthenetareaoftheparkinglot.Foruncoveredparkingareasaminimumoftwoshadetreesshallbeprovidedforeverytenparkingspacesorshadetreesshallbeprovidedtoachieve30%canopycoverageofpavedareaatmaturity.(c) Atleasttwotypesofdrivewayfinishes,ordecorativedesigns,shallbeprovided.(8) ParkingStructures(a) VehicularAccessshallbelocatedintherearoronthesideofalotandaccessedbyanalley,lane,ordriveaisle.(b) Anyexposedelevationsoftheparkingstructureshallbedesignedtoreflectarchitecturalcompatibilitywithexistingorproposedstructure(s).Theexteriorelevationsoftheparkingstructureshallbedesignedtominimizetheuseofblankfacadesthroughthecombineduseofarchitecturaltreatmentsuchasheavytexturedconcrete,planters,openings,indentations,andprojectionsofexteriorwalls.(c) Garagedoorscloserthan23feettothefrontpropertylineshallhavesectionalroll-upgaragedoors.(9) Frontageimprovementsshallbedesignedtobeconsistentwithpublicworksplates.Thefrontageimprovementsshallbedesignedtoconnectwithandtransitionintoadjacentexistingfrontageimprovements. (10) Commonusesiteareasshallincluderefusecollection,maildistribution,laundry,recreation,andcongregation.Allsuchareasshallbeconnectedwithanaccessibleroute. (11) Utilitymeters,mailboxesandaddressdirectoriesshallbeplacedindecorativecabinetsandclusteredforefficientaccessforresidentsandservicepersons.Utilitymeterpanelsshallbepaintedtomatchstructures 151
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page8of12 uponwhichtheyarelocated.Suchpanelsshallbelocatedtotakeadvantageofscreening(e.g.,landscaping,orotherbuildingelements)fromanypublicright-of-waytothemaximumextentfeasible.(12)Securedmailandparceldistributionareasshallbeprovidedandshallbewelllit,secure,andshallremainopentothetenants.(13)Graphicsitedirectoriesshallbeprovidedatprincipalaccesswalkwaypoints.(14)Lighting(a) On-sitelightingshallbeofatypeandinalocationthatdoesnotconstituteahazardtovehiculartraffic,eitheronprivatepropertyoronadjoiningstreets.(b) Lightingelementsshallbeshieldedsoasnottobedirectlyvisiblefromapublicstreet.Allparkinglotandexteriorstructurelightfixturesshallbehighcut-offtypethatdivertlightingdownwardontothepropertyandshallnotcastlightskywardoronanyadjacentpropertyorroadway.(c) Topreventdamagefromvehicles,standardsinparkingareasshallbemountedonreinforcedconcretepedestalsorotherwiseprotected.(d) Thebottomofalampalongasidewalkorotherpathbeinglightedshouldnotbemorethan20feetabovetheground.(e) Sitelightingfeaturesshallbeconsistentwiththebuildingarchitecturewherelocatedinpublicview.(f) Lightstandardsilluminatinginteriorwalkwaysshallbenomorethaneightfeettall.Lightshallnotintrudeintoprivatelivingorpatioareas.Lightstandardsservingrecreationalareasheldincommonshallbenomorethan15feettall.Lightshallbedirectedawayfromdwellingunits.(g) Alldrivelanes(alleys)shallbeprovidedwithindependentlymeteredlightingwithautomaticdaylightsensorsfordusktodawnlightingwithindrivelanes. (F) Landscaping.
(1)Alltreesplantedorplacedonthepropertyshallbeatleast24-inch-boxsize.Allshrubsandvinesshallbeatleastfive-gallonsize. (2)LandscapeplantmaterialsshallcomplywiththeCityofOxnardLandscapeStandards,andtheCity’sLandscapeConservationmeasures/EmergencyDroughtDeclarationasapplicable.(3)Permanentandautomaticirrigationsystemsshallbeprovidedforalllandscapedareasperthecity'sdesigncriteriaandspecifications.Theirrigationsystemshallincludeawatersensorshutoffdeviceasawaterconservationmeasure. (G) Accessoryelements.
(1)Allaccessorybuildings(e.g.,garages,sheds,recreationfacilities)mustincorporatethesamedesign,materials,andcolorsastheprimarybuilding.Additionsandpatiocoversshallconformtotherequirementsofthezoneforsetbacks.(2)Perimeterfencingutilizedalongapublicstreetshallbeconstructedofdecorativeiron,pre-paintedweldedsteel,CMUblock,woodpicketmaterialorplantwalls(greenwalls).Streetsideyardwallsshallbesetback10feetfromanypublicsidewalk.(3) Wallsseparatingthepatioareasofdifferentunitsshallbeofsolidconstruction,suchasmasonry,stucco,orwoodoverwood.Groundlevelpatiosshallbeenclosedbywallsnotlessthanfivefeethigh.Ifasix-footfenceisdesired,thetop12inchesshallallowforvisioninandoutoftheyard,unlessahigherheightisrequiredfornoisemitigation. 152
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page9of12 (4)Allrooftop,wallmountedorgroundmountedequipmentmustbefullyscreened.Utilitymetersshallbescreenedorintegratedintothebuildingdesign.Rooftopscreeningmustusethematerialsandcolorsfromthebuildingandbearchitecturallyintegrated.(5)Allexteriorstoragefacilitiesshallbescreenedfromthepublicview,withinanenclosurewithwallsatleastsixfeetinheight.(6)Allwoodservicepoles,electricandgasmeters,firesprinklervalvesandbackflowpreventersandtransformersshallbelocatedintheleastprominentlocationsonsiteasallowedbytheutilities,andallequipmentshallbescreenedfrompublicvieweitherwithlandscaping,fencingorintegratedintothedesignoftheprimarilyoraccessorystructure. (7)RefuseandRecycling.(a) AllrefuseenclosuresshallbedesignedtocomplywiththecitymaterialmanagementandapprovedCityStandardPlanonfilewiththeCommunityDevelopmentDepartment.Theenclosuresshallincludeaconcreteapronalongthelengthofthetrashenclosureopeningthatextendsatleast15feetfromtheenclosure'sface. (b) Allrefusebinsshallbeshieldedwithinarefuseenclosurewithasolidwallandroof.Theenclosureshallbeanadequatesizetoaccommodatetherequiredcontainers.Theenclosureshallmatchthemajordesignelementsandcolorofthemainstructure.Allenclosuresandgatesshallbedetailedtowithstandheavyuse.Wheelstopsorcurbsshallalsobeprovidedtopreventdumpstersfrombangingintothewallsofenclosures.(c) Anopeningintheenclosureshallbeprovidedsothatpedestrianscanaccessthedumpsterswithoutopeningthelargegates. (d)Lightingshallbeprovidedattrashenclosuresfornighttimesecurityanduse. (e) Therefuseenclosuresshallnotbelocatedcloserthan20feet fromaresidentialunit(includingthoseonabuttingproperties),ormorethan150feetfromaresidentialunit.Nominimumdistancefromdwellingsisrequiredifthedumpstersareinafullyenclosedroom.(f)Recyclingcontainersshallbeprovidedincommonareasforresidentstodisposeoftheirrecyclablewaste(examples:indoorsfornewspapersandbeveragecontainers;outdoorsforbeveragecontainers).Containersusedexclusivelyforrecyclingshallbeclearlyidentifiedas"recyclingonly"withcleariconsorothergraphicsoneachcontainerappropriatetothecontainer'scontent. (H) Publicsafetystandards.
(1) Planssubmittedforreviewofresidentialdevelopmentshallincludethefollowingsafetyfeatures:(a) Recreationareasshallbelocatedadjacenttoresidentialuseswheneverpossible.Theseareasshallbevisibletoresidentsfromwithintheirdwellingstoallowfor"evesonthestreet"propervisualsurveillance.Placementofwindows,landscaping,lighting,andrecreationusesshallbecoordinatedtoenhanceresidentsurveillanceopportunity,butnottodetractfromtherecreationaluse.(b) Generalutilizationoftheconceptsofcrimepreventionthroughenvironmentaldesign(CPTED)intheplanninganddevelopmentstages.(2) Theinclusionofthefollowingitemsshallbeverifiedbythepublicsafetydepartmentpriortoissuanceofthefirstbuildingpermitforaresidentialunit.(a) Developmentofasecurityplanformultifamilyormixed-usedevelopmentsthatincludes:1. Managementcontactforpublicsafetyissuesavailable24-hoursaday;2. Camerasformonitoringandrecordingvehiclesandpersonsenteringthesite; 153
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3. Accesscontrolsystemstocontrolpassageintocommonareas;4. Securepostalandparceldelivery;5. Quickremovalofgraffiti;and6. Enforcementofrestrictedparkingspaces.(b) Preparationofastandardized,highdensity,"wayfinding"signprogramtoaidemergencyrespondersinfindingindividualresidentialunitsquicklyandeasily.(c) AClick2Enterradiofrequencyaccesssystemshallbeinstalledatanyvehicleandpedestrianaccesspointcontrolledbyprivacygates.(d) Security.Residentialunitsshallbedesignedtoensuretheresidents’securitythroughtheprovisionofsecuredentrancesandexitsthatareseparatefromthenonresidentialuses.Nonresidentialandresidentialusesshallnothavecommonentrancehallwaysorcommonbalconies.Theseseparationsshallbeshownonthedevelopmentplanandtheseparationsshallbepermanentlymaintained.(e) Windows.Residentialwindowsofbuildingsdirectlyadjacenttoindustrialusesshallgenerallybedirectedawayfromloadingareasanddocksunlessview-restrictingarchitecturalelementsareutilized.

SEC.16-363.DEVELOPMENTDESIGNPERMITREVIEW.

Attachedmulti-familydevelopmentsofsixormoreunitswhicharethatisproposedforaonpropertynotlocatedinaPlannedDevelopmentzone,orwhichdonototherwiserequireaSpecialUsePermit,maybeapprovedbyissuanceofaDevelopmentDesignReviewpermitoraSitePlanReviewpermitwheretheStatehasmandatedthattheCityapprovalmustbeministerial. (`64Code,Sec.36-7.9.4)(Ord.No.2152)
Section2. If anysection,sentence,clauseorphraseofthisOrdinanceisdeterminedtobeinvalid,illegalorunconstitutionalbya decisionororderofanycourtofcompetentjurisdiction,thendecisionorordershallnotaffectthevalidityandenforceabilityoftheremainingportionsofthisOrdinance.TheCityCouncildeclaresthatitwouldhavepassedandadoptedthisOrdinance,andeachsection,sentence,subsection,clause,phrase,partorportionthereof,regardlessofthefactthatanyoneormoresections,sentences,subsections,clauses,phrases,bedeclaredinvalidorunconstitutional.

Section3. CumulativeOrdinance.NothinginthisOrdinanceshallbeinterpretedtoallowanylandusewhichisnotexpresslylistedaspermittedorconditionallypermittedwithintheCity’sZoningCode.

Section4.ExemptfromCEQA.TheCityCouncildeterminesandfindsthattheadoptionofthisOrdinanceisexemptfromreviewunderthe CaliforniaEnvironmentalQualityAct (“CEQA”)pursuantto Sections15060(c)(2)and(3)and15061(b)(3)oftheGuidelinestotheCaliforniaEnvironmentalQualityActbecausetheactivityiscoveredbythegeneralrulethatCEQAappliesonlytoprojectswhichhavethepotentialforcausingasignificanteffectontheenvironment.Whereit canbeseenwithcertaintythatthereisnopossibilitythattheactivityin questionmayhavea significanteffectontheenvironment,theactivityis notsubjecttoCEQA.Therefore,CEQAdoesnotapplytothisaction. 154
OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page11of12 Section5. PursuanttoGovernmentCodeSection36933(c)(1),theCityAttorneywasdesignatedtoprepare,andtheCityClerkpublished,a summaryofthisOrdinance,anda certifiedcopytheOrdinancewaspostedintheOfficeoftheCityClerkaminimumoffivedaysbeforetheCityCouncil’sadoptionoftheOrdinance.

Section6.TheCityClerkshallcertifyastotheadoptionofthisOrdinanceandshallcausesummarythereoftobepublishedwithinfifteencalendar(15)daysoftheadoptionandshallpostacertifiedcopyofthisOrdinance,includingforandagainstthesame,intheofficeoftheCityClerk,inaccordancewithGovernmentCodeSection36933.OrdinanceNo.3040wasfirstreadonNovember7,2023,andfinallyadoptedonDecember5,2023,tobecomeeffectivethirty(30)daysthereafter.

SIGNATURESONFOLLOWINGPAGE
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OrdinanceNo.3040[ObjectiveDesignStandardsforMultifamily]Page12of12 PASSEDANDADOPTEDthis5thdayofDecember2023bythefollowingvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7

DATE: December 5, 2023

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $948,477 in project funds for Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP, Specification No. PW 23-112;

2. The Mayor to Execute an Agreement with J.R. Filanc Construction Company, Inc (Filanc) in the amount of $790,397 for the Project;

3. A Project contingency amount of $79,040 (10%) with Filanc for a total not to exceed value of $869,437 for the Project;

4. A Project allocation amount of $79,040 (10%) for engineering, inspection, survey and project management for the Project; and

BACKGROUND

The Oxnard Wastewater Treatment Plant (OTWP) contains 18 Secondary Sedimentation Tanks (SST). Constructed in 1988 and identified in the 2016 Public Works Integrated Master Plan, the mechanical equipment for the SSTs has reached the end of its useful life. Due to redundancy in the system and the large amount of construction at the OWTP, the Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP (“Project”) takes a phased approach.

Subsequent projects will occur on an annual basis, allowing continued operation and avoiding failure of equipment across all of the SSTs over a short period of time.

Capital Improvement Program (CIP) Reference:

Project No. C2402– Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP, PW 23-112 - CIP 2022-2027 - Council approved May 2, 2023 – mid-cycle CIP update.

DISCUSSION

The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to rehabilitate two of the eighteen SSTs. 157

The work is tentatively scheduled to begin in January 2024 and continue into June 2024 (100 working days), absent any delays for supply chain issues, unforeseen site conditions or inclement weather. Engineering staff will work closely with the OWTP staff to keep them informed of the schedule.

The notice inviting formal bids (NIFB) on the Project was published on September 7, 2023, and all bids were due and opened on October 10, 2023. The City received four bids. Two of the bids were rejected as non-responsive to the call for bids. The responsive bids received are as follows:

J.R. FILANC CONSTRUCTION COMPANY, INC.: $790,397
KIEWIT INFRASTRUCTURE WEST CO. $1,137.000

The lowest bidder is Filanc, and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Filanc and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Filanc.

In addition to the project award amount of $790,397, staff recommends authorizing $158,080 for the project, which includes $79,040 for project contingency (10% of the contract costs) and $79,040 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $948,477.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project shall not exceed $948,477 which includes the construction agreement, contingency and project allocation. The Secondary Sedimentation Tank Mechanical Equipment Replacement at the OWTP Project (No.

C2402) was approved by Council on May 2, 2023 during a midyear CIP update report. Staff is requesting to appropriate $948,477 from the available fund balance in the Wastewater Operating Fund (611) [and the corresponding appropriation and transfer into the Wastewater Capital Fund (612)] to fund this project.

For Finance Use Only: Wastewater Operating Fund (Org. 6111001 Obj. 59800) Wastewater Capital Fund (Org. 6123610 Obj. 49300 & 56050)

COMMITTEE OUTCOME

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.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32400255 JD FILANC CONST CO INC PW 23-112

158
Agreement No. 32400255
1 CONTRACT

CITY OF OXNARD CONTRACT FOR

SECONDARY SEDIMENTATION TANK MECHANICAL EQUIPMENT REPLACEMENT AT THE OWTP, SPECIFICATION NO. PW 23-112

THIS CONTRACT (“Contract”) is made and entered this 5
th day of December, 2023 (“Effective
Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and J.R. FILANC CONSTRUCTION COMPANY, INC. (“Contractor”). Contractor’s license number is 134877.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits fr om regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Secondary Sedimentation Tank Mechanical Equipment Replacement At The OWTP, Specification No. PW 23-112 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the serv ices rendered hereunder, City shall pay Contractor a not to exceed amount of Seven Hundred Ninety Thousand, Three Hundred Ninety-Seven Dollars ($790,397) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 159
Agreement No. 32400255

2 in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

7. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.

[signatures on following page]

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Agreement No. 32400255

3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD J.R. FILANC CONSTRUCTION COMPANY, INC.

☒ John C. Zaragoza, Mayor1 Date Omar Rodea, President 2 Date ☐ Purchasing Manager

Christine Moore, Date
ATTEST: C.F.O./Secretary

Rose Chaparro, City Date
Clerk (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 sign any formally bid public project agreement over $200,000. The Mayor may authorize and sign any informally bid public project agreement over $100,000 but up to $200,000. The Purchasing Manager may authorize and sign any informally bid public project agreement up to $100,000.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (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.

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Agreement No. 32400255

A‐1

EXHIBIT A

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Agreement No. 32400255

INS‐G‐1
Exhibit INS-G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which ma y arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insuranc e Services Office Commercial General Liability Coverage (Occurren ce Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be pe rformed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000 per claim and in the aggregate , with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors an d Omissions Insurance may be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the la ws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file w ith the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Manage r. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected].

3. Contractor agrees that all insurance coverages shall be provided by a California admitted or authorized insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “b est effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Contractor agrees that the Commercial General Liability a nd Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contribu ting to or in excess of any existing City insurance or self- insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. A ny failure to comply with reporting provisions of the policies sh all not affect coverage provided to City, its City Council, officer s, employees and volunteers. The insurance shall apply separate ly to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to pr ovide proper evidence of coverage upon receipt of a written reques t from the Risk Manager.

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Agreement No. 32400255

INS‐G‐2

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows covera ge as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and autom obile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute for ms will be accepted, however, as long as they include provisions comparable to the attached.

INS-G.doc

164
Agreement No. 32400255

INS‐G‐3

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.

GENERAL AGGREGATE
$2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)

PROPERTY DAMAGE
$

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER

NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I (print/type name), warrant th at I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

INS-G.doc
165
Agreement No. 32400255

INS‐G‐4

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date

 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of cove rage excess of the named insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSUREDS DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial Gener al Liability Coverage, occurrence form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of t he limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

INS-G.doc
SAMPLE
166
Agreement No. 32400255

INS‐G‐5

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED
SAMPLE

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriters representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom clai m is made or suit is brought except with respect to the co mpany=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(a) Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or (b) If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
167
Agreement No. 32400255

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to J.R. FILANC CONSTRUCTION COMPANY, INC., 740 N Andreasen Drive, Escondido, CA 92029 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Secondary Sedimentation Tank Mechanical Equipment Replacement At The OWTP, Specification No. PW 23-112.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Seven Hundred Ninety Thousand, Three Hundred Ninety-Seven Dollars ($790,397), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 168
Agreement No. 32400255

Code Section 1771.2, if the condition of this B ond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

J.R. Filanc Construction Company, Inc.
740 N. Andreasen Drive
Escondido, CA 92029

By:

Signature, Omar Rodea, President

By:

Signature, Christine Moore, CFO/Secretary

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed in duplicate and dat ed, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the C ontract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

169
Agreement No. 32400255

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to
J.R. FILANC CONSTRUCTION COMPANY, INC., 740 N Andreasen Drive, Escondido, CA 92029 (“Principal”), a contract (the “Contract”) for the Work described as Secondary Sedimentation Tank Mechanical Equipment Replacement At The OWTP, Specification No. PW 23-112.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Seven Hundred Ninety Thousand, Three Hundred Ninety-Seven Dollars ($790,397), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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Agreement No. 32400255

D a t e d :

“Principal”

J.R. Filanc Construction Company, Inc.
740 N. Andreasen Drive
Escondido, CA 92029

By:

Signature, Omar Rodea, President

By:

Signature, Christine Moore, CFO/Secretary

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

171

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.8

DATE: December 5, 2023

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Appointment of Councilwoman Gabriela Basua to Regional Defense Partnership for the 21st Century (RDP-21).

RECOMMENDATION

That the Mayor, with the approval of the City Council, appoint Councilwoman Gabriela Basua to the Regional Defense Partnership for the 21st Century (RDP-21).

(This item did not originate in Committee.)

BACKGROUND

On December 20, 2022, Councilmember Gabriel Teran was appointed as the City of Oxnard representative to RDP-

21. The RDP-21 Board meetings are held the first Thursday of each month beginning at 7:30 a.m. in the Pacific Conference Room in the Hall of Justice at the Ventura County Government Center, 800 South Victoria Avenue, Ventura, CA. Board members receive no compensation for service on RDP-21.

Councilmember Teran has requested to be replaced as the member to RDP-21 by Councilwoman Basua effective immediately. The next regular meeting for RDP-21 is scheduled for December 7, 2023.

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: Luly Lopez, Executive Assistant I

ATTACHMENTS
None

172

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: December 5, 2023

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Acquisition of Real Property located at 131 East Seventh Street and Disposition of Real Property located at 418 West Fourth Street in Downtown Oxnard. (10 minutes)

RECOMMENDATION

That the City Council:

2. Approved the disposition of improved real property located at 418 West Fourth Street in the amount of $400,000 for a future private use;

3. Approve the acquisition of unimproved real property located at 131 East Seventh Street in the amount of $430,000 for the future development of affordable housing;

4. Approve and authorize a budget appropriation of $30,000 from the Housing In Lieu Fees Fund (Fund 360- Subfund 7050) available fund balance and authorize an exchange of value for completion of the two transactions;

5. Approve and authorize a budget appropriation of $75,000 from the Housing In Lieu Fees Fund ( Fund 360- Subfund 7050) available fund balance for necessary transaction and future maintenance costs; and

6. Authorize the City Manager or his designee to execute any and all documents necessary to facilitate these transactions.

(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/EmzgpuhC2hA

BACKGROUND

The Oxnard City Council declared certain real property located at 418 West Fourth Street in downtown Oxnard, formerly known as the Gull Wings Children’s Museum, as surplus in February of 2022. Staff subsequently undertook and completed the process required by the Surplus Land Act to make this property available to the public and affordable housing preferred buyers but the staff did not receive any offers or expressions of interest from any potential buyers. As such, the California State Department of Housing and Community Development has authorized its disposition on the open market.

Staff has received an offer to acquire the Gull Wings Children’s Museum property from Sonflow, LLC, a California limited liability company, who intends to rehabilitate the current structure and operate a senior wellness center. Staff has procured an appraisal for the property, which defined the current market value at $400,000.

Sonflow, LLC, also owns unimproved real property located at 131 East Seventh Street in downtown Oxnard. This subject 173
property is approximately 0.2 acres. The Oxnard City Council authorized staff to negotiate the acquisition of this property at not more than the appraised market value for the purpose of developing affordable housing. Staff procured an appraisal for the property, which defined the current market value $430,000.

DISCUSSION
Staff proposes an exchange of real property by and between the City of Oxnard and Sonflow, LLC plus an additional amount of $30,000 payable from the City of Oxnard to Sonflow, LLC. Staff proposes the use of the Affordable Housing In Lieu Fund to pay for the difference in value. Additionally, staff proposes the use of the Affordable Housing In Lieu Fund to pay for the transaction costs and the expenses of maintenance post-acquisition (an additional $75,000 from the Affordable Housing In Lieu Fund).

On November 2, 2023, the Oxnard Planning Commission determined that both the disposition of the property located at 418 West Fourth Street and the acquisition of the real property located at 131 East Seventh Street are consistent with the City's General Plan.

Upon the acquisition of Sonflow’s property on Seventh Street, staff proposes to assemble it with the two adjacent unimproved properties currently owned by the City of Oxnard fronting Seventh Street, as well as a City of Onxard owned a surface parking lot fronting Oxnard Blvd (across the alley from the Seventh Street parcels). Staff proposes to issue a request for proposals seeking a development partner to acquire, develop and operate an affordable housing complex atop of active retail on the ground along Oxnard Boulevard and a ground floor neighborhood service along Seventh Street.

Separately, upon Sonflow’s acquisition of the Gull Wings Children’s Museum property, the buyer proposes to rehabilitate the current building and operate a senior wellness center. The rehabilitation of the property will be subject to the applicable City’s development review process.

ENVIRONMENTAL ANALYSIS
The proposed actions to appropriate funding and approve the acquisition and disposition of property do not constitute approval of any particular project. These recommended actions do not grant any vested development entitlements, do not bind any party or commit to any definite course of action, do not restrict the City from considering any feasible mitigation measures and alternatives, and do not restrict the City from denying a future project on either of the involved sites, and, therefore, do not constitute a project subject to the CEQA pursuant to Section 21065 of CEQA and Sections 15004(b)(4) and 15378 of the State CEQA Guidelines. As such, no environmental document pursuant to CEQA is required. The undertaking of, disbursement of funding for, and/or approval of any physical improvements is fully contingent on compliance with CEQA. Furthermore, any future project at 131 East Seventh Street would require an agreement with a yet-to-be identified development partner and would likely require approval of discretionary land use entitlements. It is anticipated that CEQA review will occur concurrent with such agreement or the processing of entitlement applications and must be completed prior to granting of any such entitlements.

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

The two proposed transactions will not impact the General Fund. A total budget appropriation of $105,000 is requested from the Housing In Lieu Fees Fund (Fund 360-Subfund7050) available fund balance to pay for the expenses of this transaction and maintenance of the site. The broker fees will be paid by the seller as a transaction cost. The Housing In Lieu Fund has an available balance of $3,037,609.

For Finance Use Only: Housing In Lieu Fees Fund (Org. 360-70508105 Obj. 55010 and 53200)

COMMITTEE OUTCOME

This item did not originate in Committee.

174
Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Purchase and Sale Agreement for 131 East Seventh Street

2. Purchase and Sale Agreement for 418 West Fourth Street

3. Presentation

175

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(Vacant Land)
Dated: August 17, 2023

1. Buyer.

1.1 City of Oxnard, a municipal corporation ,( "Buyer") hereby oﬀers to purchase the real property, hereinaŌer described, from the owner thereof (" Seller") (collecƟvely, the "ParƟes" or individually, a "Party"), through an escrow ("Escrow") to close 30 or days aŌer the waiver or saƟsfacƟon of the Buyer's ConƟngencies, (" Expected Closing Date") to be held by Lawyer's Title Co.- Shirley Franks ("Escrow Holder") whose address is 2751 Park View Court, Suite 241, Oxnard, CA 93036 ,P h o n eN o . 805-484-2701 x7375 ,F a c s i m i l eN o .818-394-4820 upon the terms and condi Ɵons set forth in this agreement (" Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligaƟons herein unless Seller expressly releases Buyer .

1.2 The term " Date of Agreement"a su s e dh e r e i ns h a l lb et h ed a t ew h e nb ye x e c uƟon and delivery (as de ﬁned in paragraph 20.2) of this document or a subsequent counteroﬀer thereto, Buyer and Seller have reached agreement in wriƟng whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Par Ɵes.

2. Property.

2.1 The real property (" Property") that is the subject of this o ﬀer consists of (insert a brief physical descripƟon) approximately 0.20 acres of vacant land is located in the County of Ventura , is commonly known as (street address, city, state, zip) 131 E. 7th Street, Oxnard, CA 93030 and is legally described as: To be provided in escrow (APN: 201-0-272-040 .)

2.2 If the legal descrip Ɵon of the Property is not complete or is inaccurate, thi s Agreement shall not be invalid and the legal descrip Ɵon shall be completed or corrected to meet the requirements of Lawyers Title Company ("Title Company"), which shall issue the Ɵtle policy hereinaŌer described.

2.4 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price (" Purchase Price") to be paid by Buyer to Seller for the Property shall be $430,000.00 , or (complete only if purchase price will be determined based on a per unit cost instead of a ﬁxed price) per unit. The unit used to determine the Purchase Price shall be:
l o ta c r es q u a r e f o o to t h e r p r o r a Ɵng areas of less than a full unit. The number of units shall be based on a calcula Ɵon of total area o f the Property as cerƟﬁed to the ParƟes by a licensed surveyor in accordance with paragraph 9.1(g). However, the following rights of way and other areas will be excluded from such calculaƟon: . The Purchase Price shall be payable as follows:
(Strike any not applicable)
(a) Cas h down payment, including the Deposit as deﬁned in paragraph 4.3 (or if an all cash transacƟon, the Purchase Price):
$430,000.00
(b) Amoun t of "New Loan" as deﬁned in paragraph 5.1, if any:
(c) Buye r shall take Ɵtle to the Property subject to and/or assume the following exisƟng deed(s) of trust ("ExisƟng Deed(s) of Trust") securing the exisƟng promissory note(s) ("ExisƟng Note(s)"):
(i) An Exis Ɵng Note ("First Note") with an unpaid principal balance as of the Closing of approximately:

Said First Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the en Ɵre unpaid balance is due on ). (ii) An Exis Ɵng Note ("Second Note") with an unpaid principal balance as of the Closing of approximately:

Said Second Note is payable at per month, including interest at the rate of % pe r annum unƟlp a i d( a n d / o rt h ee nƟre unpaid balance is due on ). (d) Buyer shall give Seller a deed of trust (" Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6( "Purchase Money Note") in the amount of:

3.2 If Buyer is taking Ɵtle to the Property subject to, or assuming, an Exis Ɵng Deed of Trust and such deed of trust permits the bene ﬁciary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as ac o n d iƟont o the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable Exis Ɵng Note. 176

4. Deposits.

4.1 Buyer has delivered to Broker a check in the sum of , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or within 2o r 3 business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check or wire transfer in the sum of $5,000.00 .I f s a i d c h e c kor wire transfer is not received by Escrow Holder within said Ɵme period then Seller may elect to unilaterally terminate this transacƟon by giving wriƩen noƟce of such elecƟon to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check o r funds shall, upon request by Buyer, be promptly returned to Buyer .

4.2 Addi Ɵonal deposits:
(a) Within 5 business days a Ōer the Date of Agreement, Buyer shall deposit with Escrow Holder the addi Ɵonal sum of to be applied to the Purchase Price at the Closing.
(b) Within 5 business days a Ōer the conƟngencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the addiƟo n a ls u mo f t ob ea p p l i e dt ot h eP u r c h a s eP r i c ea tt h eC l o s i n g . (c) If an Addi Ɵonal Deposit is not received by Escrow Holder within the Ɵme period provided then Seller may no Ɵfy Buyer, Escrow Holder , and Brokers, in wriƟng that, unless the AddiƟonal Deposit is received by Escrow Holder within 2b u s i n e ss days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

4.3 Escro w Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collecƟvely the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the Ɵming requirements of this transac Ɵon. The interest therefrom shall accrue to the beneﬁt of Buyer, who hereby acknowledges that there may be penalƟes or interest forfeitures if the applicable instrument is redeemed prior to its speciﬁed maturity. Buyer's Federal Tax Iden ƟﬁcaƟon Number is . NOTE: Such interest bearing account cannot be opened un Ɵl Buyer's Federal Tax IdenƟﬁcaƟon Number is provided.

4.4 Notwithstanding the foregoing, within 5 days a Ōer Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seller as and for independent consideraƟon for Seller's' execuƟon of this Agreement and the granƟng of the conƟngency period to Buyer as herein provided. Such independent considera Ɵon is nonrefundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed.

4.5 Upon waiver of all of Buyer's con Ɵngencies the Deposit shall become non refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n)( D e s t r u cƟon, Damage or Loss) or 9.1(o) (Material Change).

5. Financing Con Ɵngency. (Strike if not applicable)

5.1 Thi s oﬀer is conƟngent upon Buyer obtaining from an insurance company, ﬁnancial insƟtuƟon or other lender, ac o m m i t m e nt to lend to Buyer a sum equal to at least % of the Purchase Price, on terms acceptable to Buyer. Such loan (" New Loan") shall be secured by a ﬁr s td e e d o ft r u s to r m o r t g a g eo nt he Property. If thi s Agreement provides for Seller to carry back junior ﬁnancing, then Seller shall have the right to approve the terms of the New Loan.S e l l er shall have 7 days from receipt of the commitment seƫng forth the proposed terms of the New Loan to approve or disapprove of such proposed terms. If Seller fails to no Ɵfy Escrow Holder, in wriƟng, of the disapproval within said 7d a ys it shall be conclusively presumed that Seller has approved the terms of the New Loan.

5.2 If Buyer shall fail to no Ɵfy its Broker, Escrow Holder and Seller, in wriƟng within days following the Date of Agreement, that the New Loan has not been obtained, it shall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan conƟngency.

5.3 If Buyer shall no Ɵfy its Broker, Escrow Holder and Seller, in wriƟng, within the Ɵme speciﬁed in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreement shall be terminated, and Buyer shall be enƟtled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellaƟon fees and costs, which Buyer shall pay.

6. Seller Financing. (Purchase Money Note). (Strike if not applicable)

6.1 If Seller approves Buyer's ﬁnancials (see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of % per annum, with principal and interest paid as follows: . The Purchase Money Note and Purchase Money Deed of Trust shall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the ExisƟng Note(s) and/or the New Loan expressly called for by this Agreement.

6.2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)):
(a) Prepayment.P r i n c i p a l m a y b e p r e p a id in whole or in part at any Ɵme without penalty, at the opƟon of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respect to any payment of principal, interest, or other charges, not made within 10 days a Ōer it is due.
(c) Due On Sale. In the event the Buyer sells or transfers Ɵtle to the Property or any porƟon thereof, then the Seller may, at Seller's op Ɵon, require the enƟre unpaid balance of said Note to be paid in full.

6.3 If the Purchase Money Deed of Trust is to be subordinate to other ﬁnancing, Escrow Holder shall, at Buyer's expense prepare and record on Seller's behalf a request for noƟce of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate.

6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS O N SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY.

6.5 Seller's obliga Ɵon to provide ﬁnancing is conƟngent upon Seller's reasonable approval of Buyer's ﬁnancial condiƟon. Buyer to provide a current ﬁnancial statement and copies of its Federal tax returns for the last 3y e a rs to Seller within 10 days following the Date of Agreement.S e l l er has 10 days following receipt of such documentaƟon to saƟsfy itself with regard to Buyer's ﬁnancial condiƟon and to noƟfy Escrow Holder as to whether or not Buyer's ﬁnancial condiƟon is acceptable. If Selle r fails to noƟfy Escrow Holder, in wriƟng, of the disapproval of this conƟngency within said Ɵme period, it shall be conclusively presumed that Seller has approved Buyer's ﬁnancial condiƟon. If Seller is not sa Ɵsﬁed with Buyer's ﬁnancial condiƟon or if Buyer fails to deliver the required documenta Ɵon then Seller may noƟfy Escrow Holder in wriƟng that Seller Financing will not be available, and Buyer shall have the opƟon, within 10 days of the receipt of such noƟce, to either terminate this transacƟon or to purchase the Property without Seller ﬁnancing. If Buyer fails to no Ɵfy Escrow Holder within said Ɵme period of its elecƟon to terminate this transacƟon then Buyer shall be conclusively presumed to have elected to purchase the Property withou t Seller ﬁnancing.I f B u y er elects to terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancella Ɵon fees and costs, all of which shall be Buyer's obliga Ɵon.

7. Real Estate Brokers.

7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Rela Ɵonship, conﬁrms and consents to the following agency rela Ɵonships in 177
this transacƟon with the following real estate broker(s) ("Brokers") and/or their agents (“Agent(s)”):

Seller's Brokerage Firm CBRE, Inc. License No. 00409987 i st h eb r o k e r o f( c h e c ko n e ) : t h eS e l l e r ;o r b o t ht h eB u y e r a n dS e l l e r (dual agent).

Seller's Agent Brian Hutcherson License No. 02075144 is (check one): the Seller's Agent (salesperson or broker associate); or both the Seller's Agent and the Buyer's Agent (dual agent).

Buyer's Brokerage Firm CBRE, Inc. License No. 00409987 is the broker of (check one): the Buyer; or both the Buyer and Seller (dual agent).

Buyer's Agent Brian Hutcherson License No. 02075144 is (check one): the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent (dual agent).

The ParƟes acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents represen Ɵng the ParƟes or due any fees and/or commissions under this Agreement. Buye r shall use the service s of Buyer's Broker exclusively in connecƟon with any and all negoƟaƟons and oﬀers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, ﬁrm, broker, agent or ﬁnder in connecƟon with the negoƟaƟon of this Agreement and/or the consummaƟon of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, ﬁrm or enƟty, other than said Brokers and Agents is/are enƟtled to any commission or ﬁnder's fee in connecƟon with this transacƟon as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensaƟon, commission or charges which may be claimed by any broker, agent, ﬁnder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.

8. Escrow and Closing.

8.1 Upon acceptance hereof by Seller, this Agreement, including any countero ﬀers incorporated herein by the ParƟes, shall consƟtute not only the agreemen t of purchase and sale between Buyer and Seller, but also instrucƟons to Escrow Holder for the consummaƟon of the Agreement through the Escrow. Escro w Holder shall not prepare any further escrow instrucƟons restaƟng or amending the Agreement unless speci ﬁcally so instructed by the ParƟes or a Broker herein. Subject to the reasonable approval of the ParƟes, Escrow Holder may, however, include its standard general escrow provisions. I n the event that there is any conﬂict between the provisions of the Agreement and the provisions of any addi Ɵonal escrow instrucƟons the provisions of the Agreement shall prevail as to the Par Ɵes and the Escrow Holder .
8 . 2 A ss o o n a sp r a cƟcal aŌer the receipt of this Agreement and any relevant countero ﬀers, Escrow Holder shall ascertain the Date of Agreement as de ﬁned in paragraphs 1.2 and 20.2 and advise the ParƟes and Brokers, in wriƟng, of the date ascertained.

8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and prac Ɵce of the community in which Escrow Holder is located, including any reporƟng requirements of the Internal Revenue Code. I n the event of a conﬂict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shal lp r e v a i l .

8.4 Subject to saƟsfacƟon of the conƟngencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement .

8.5 Buyer and Seller shall each pay onehalf of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protec Ɵon policy of Ɵtle insurance. (See also paragraph 11.)

8.6 Escrow Holder shall verify that all of Buyer's conƟngencies have been saƟsﬁed or waived prior to Closing. The ma Ʃers contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, maƩers of agreement between the ParƟes only and are not instrucƟons to Escrow Holder .

8.7 If this transacƟon is terminated for nonsaƟsfacƟon and nonwaiver of a Buyer's ConƟngency, as deﬁned in Paragraph 9.2 or disapproval of any othe r maƩer subject to Buyer's approval, then neither of the Par Ɵes shall thereaŌer have any liability to the other under this Agreement, except to the extent of a breach o f any aﬃrmaƟve covenant or warranty in this Agreement. I n the event of such terminaƟon, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cance llaƟon fees and costs, all of which shall be Buyer's obligaƟon. If thi s transacƟon is terminated as ar e s u lt of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancella Ɵon fees and costs.

8.8 The Closin g shall occur on the Expected Closing Date, or as soon thereaŌer as the Escrow is in condiƟon for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instruc Ɵons of the ParƟes, a Party not then in default under this Agreement ma y noƟfy the other Party, Escrow Holder, and Brokers, in wriƟng that, unless the Closing occurs within 5b u s i n e ss days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

8.9 Except as otherwise provided herein, the terminaƟon of Escrow shall not relieve or release either Party from any obligaƟon to pay Escrow Holder's fees and costs or consƟtute a waiver, release or discharge of any breach or default that has occurred in the performance of the obliga Ɵons, agreements, covenants or warranƟes contained therein.

8.10 If this Escrow is terminated for any reason other than Seller's breach or default, then as a condi Ɵon to the return of Buyer's deposit, Buyer shall within 5 days aŌer wriƩen request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.

9. ConƟngencies to Closing.

9.1 IF, BEFORE EXPIRATION OF THE APPLICABLE TIME, BUYER FAILS TO PROVIDE ESCROW HOLDER WRITTEN NOTICE OF BUYER'S DISAPPROVAL OF ANY OF

Any such report shall be paid for by Buyer . Seller shall provide Buyer copies of any soils report that Seller may have within 10 days following the opening of escrowDate of Agreement. Buyer, at Buyer's sole cost, shall perform aP h a se 1R eport. (e) Governmental Approvals. Buyer has 30 or 45 days following the Date of Agreement opening of escrow to saƟsfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdicƟon over the Property and which Buyer deems necessary or desirable in connec Ɵon with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, ﬁre, police, handicapped and Americans with DisabiliƟes Act requirements, transportaƟon and environmental maƩers.

NOTE: Past uses of the Property may no longer be allowed. In the event that the Property must be rezoned, it is Buyer's responsibility to obtain the rezon ing from the appropriate government agencies. Selle r shall sign all documents Buyer is required to ﬁle in connecƟon with rezoning, condiƟonal use permits and/or other development approvals.
(f) CondiƟons of Title.E s c r ow Holder shall cause a current commitment for Ɵtle insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment (" Underlying Documents"), and a scaled and dimensioned plot showing the locaƟon of any easements to be delivered to Buyer within 10 or days following the Date of Agreement opening of escrow.B u y e r h a s 1 0 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to saƟsfy itself with regard to the condiƟon of Ɵtle. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property a Ōer the Closing, shall not be considered a failure o f this conƟngency, as Seller shall have the obligaƟon, at Seller's expense, to saƟsfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey.B u y e r h a s30 or 45 days following the receipt of the Title Commitment and Underlying Documents to sa Ɵsfy itself with regard to any ALTA Ɵtle supplement based upon a survey prepared to American Land Title Associa Ɵon ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal descripƟon and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direc Ɵon and expense. If Buyer has obtained a survey and approved the ALTA Ɵtle supplement, Buyer may elect within the period allowed for Buyer's approval of a survey t o have an ALTA extended coverage owner's form of Ɵtle policy, in which event Buyer shall pay any addi Ɵonal premium aƩributable thereto. (h) ExisƟng Leases and Tenancy Statements. Seller shall within 10 or days following the Date of Agreementopening of escrow provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collecƟvely, "ExisƟng Leases") aﬀecƟng the Property, and with a tenancy statement ("Estoppel CerƟﬁcate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant o f the Property. Selle r shall use its best eﬀorts to have each tenant complete and execute an Estoppel CerƟﬁcate. If any tenan t fails or refuses to provide an Estoppel CerƟﬁcate then Seller shall complete and execute an Estoppel Cer Ɵﬁcate for that tenancy. Buyer has 10 days from the receipt of said Exis Ɵng Leases and Estoppel CerƟﬁcates to saƟsfy itself with regard to the ExisƟng Leases and any other tenancy issues. (i) Owner's AssociaƟon. Seller shall within 10 or days following the Date of Agreement opening of escrow provide Buyer with a statement and transfer package from any owner's associaƟon servicing the Property. Suc h transfer package shall at a minimum include: copie s of the associaƟon's bylaws, arƟcles of incorporaƟon, current budget and ﬁnancial statement. Buyer has 10 days from the receipt of such documents to sa Ɵsfy itself with regard to the associaƟon.
(j) Other Agreements. Seller shall within 10 or days following the Date of Agreementopening of escrow provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will aﬀect the Property aŌer Closing. Buye r has 10 days from the receipt of said Other Agreements to saƟsfy itself with regard to such Agreements. (k) Financing. If paragrap h 5 hereof dealing with a ﬁnancing conƟngency has not been stricken, the saƟsfacƟon or waiver of such New Loan conƟngency. (l) ExisƟng Notes. If paragraph 3.1(c) has not been stricken, Seller shall with in 10 or days following the Date of Agreement provide Buyer with legible copies of the ExisƟng Notes, ExisƟng Deeds of Trust and related agreements (collecƟvely, "Loan Documents") to which the Property will remain subject aŌer the Closing. Escrow Holder shall promptly request from the holders of the Exis Ɵng Notes a beneﬁciary statement ("Beneﬁciary Statement") conﬁrming: (1) the amount of the unpaid principal balance, the current interest rate, and t h ed a t eto which interest is paid, and (2) the nature and amount of any impounds held by the beneﬁciary in connecƟon with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Bene ﬁciary Statements to saƟsfy itself with regard to such ﬁnancing.B u y e r 's obligaƟon to close is condiƟoned upon Buyer being able to purchase the Property without acceleraƟon or change in the terms of any ExisƟng Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fe e referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days from the receipt of such documents to saƟsfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date o f Agreement to saƟsfy itself with regard to the Ɵtle condiƟon of such personal property. Seller recommends that Buyer obtain a UCC 1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances a ﬀecƟng such personal property that it is aware of within 10 or days following the Date of Agreement.
(n) DestrucƟon, Damage or Loss. Subsequen t to the Date of Agreement and prior to Closing there shall not have occurred ad e s t r u cƟon of, or damage or 179
loss to, the Property or any porƟon thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cos t of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the op Ɵon, within 10 days aŌer receipt of wri Ʃen noƟce of a loss cos Ɵng more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deducƟon or oﬀset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be en Ɵtled to any insurance proceeds applicable to such loss. Unles s otherwise noƟﬁed in wriƟng, Escrow Holder shall assume no such destrucƟon, damage or loss has occurred prior to Closing.
(o) Material Change.B u y er shall have 10 days following receipt of wriƩen noƟce of a Material Change within which to saƟsfy itself with regard to such change. " Material Change" shall mean a substan Ɵal adverse change in the use, occupancy, tenants, Ɵtle, or condiƟon of the Property that occurs a Ōer the date of this oﬀer and prior to the Closing. Unles s otherwise no Ɵﬁed in wriƟng, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement.
(q) Brokerage Fee. Payment at the Closing of such brokerage fee as is speci ﬁed in this Agreement or later wri Ʃen instrucƟons to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). I t is agreed by the ParƟes and Escrow Holder that Brokers are a third party beneﬁciary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee speci ﬁed in this Agreement, without the wri Ʃen consent of Brokers.

9.2 The con Ɵngencies speciﬁed in subparagraphs 9.1(a) through (m) are for the bene ﬁt of, and may be waived by, Buyer, and are referred to collecƟvely as "Buyer's ConƟngencies"a nd individually as a" Buyer's ConƟngency."

9.3 Buyer's Ɵmely and wriƩen disapproval or condiƟonal approval of a Buyer's Con Ɵngency or any other ma Ʃer that is subject to Buyer's approval in this Agreement shall consƟtute disapproval thereof ("Disapproved Item(s)"). Concurren t with noƟce of a Disapproved Item, Buyer may make a request to Seller regarding such Disapproved Item ("Buyer's Request"). If Buyer fails to make a Ɵmely and wriƩen Buyer's Request, then this Agreement shall terminate due to the nonsaƟsfacƟon and nonwaiver of a conƟngency. Selle r may respond to aB u y e r 's Request within 10 days following Seller's receipt thereof ("Seller's Response").

Seller's acceptance of a Buyer's Request shall amend this Agreement accordingly. If Seller fails to provide a Ɵmely and wriƩen Seller's Response, then Seller's Response shall be deemed to be a rejecƟon of Buyer's Request. Buye r may, within 10 days following the earlier of Buyer's receipt of a Seller's Response (which is not an acceptance of Buyer's Request) or the date of Seller's deemed rejec Ɵon of a Buyer's Request (" Buyer's Reply Period"), reply to a Seller's Response (" Buyer's Reply") and elect to (i) terminate this Agreement due to the nonsaƟsfacƟon and nonwaiver of thea p p l i c a b l ec o nƟngency, (ii) accept the Seller's Response in which event this Agreement shall be amended accordingly, or (iii) withdraw Buyer's Request and waive the Disapproved Item in which event Buyer shall accept the Property subject to the Disapproved Item. If Buyer fails to provide a Ɵmely and wriƩen Buyer's Reply, then Buyer shall be deemed to have elected to terminate this Agreement as of the end of the Buyer's Reply Period. The date Buye r accepts aS e l l e r 's Response or withdraws aB u y e r 's Request and waives aD i s a p p r o v ed Item shall be the date of Buyer's approval of the Disapproved Item. A Party shall provide to Escrow Holder copy of all no Ɵces of a Disapproved Item, Buyer's Request, Seller's Response and Buyer's Reply and Escrow Holder shall promptly provide copies thereof to the other Party. Unles s theP a rƟes in wriƟng agree otherwise, if the Expected Closing Date is a speciﬁc calendar date and a Buyer's Reply Period expires a Ōer such speciﬁc calendar date, then notwithstanding paragraph 1.1, the Expected Closing Date shall be extended to be 3 business days aŌer the earlier of the date Buyer withdraws aB u y e r 's Request and waives the applicable Disapproved Item or Buyer accepts the applicable Seller's Response.

9.4 The ParƟes acknowledge that extensive local, state and Federal legislaƟon establish broad liability upon owners and/or users of real property fo r the invesƟgaƟon and remediaƟon of Hazardous Substances. The determina Ɵon of the existence of a Hazardous Substance Condi Ɵon and the evaluaƟon of the impact of such ac o n d iƟon are highly technical and beyond the experƟse of Brokers. The Par Ɵes acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining proper Ɵes, and Buyer and Seller are not relying upon any invesƟgaƟon by or statement of Brokers with respect thereto. The Par Ɵes hereby assume all responsibility fo r the impact of such Hazardous Substances upon their respecƟve interests herein.

10. Documents Required at or Before Closing.

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and prov ide copies thereof to each of the ParƟes.

10.2 Seller shall deliver to Escrow Holder in Ɵme for delivery to Buyer at the Closing:
(a) Gran t or general warranty deed, duly executed and in recordable form, conveying fee Ɵtle to the Property to Buyer . (b) If applicable, the Bene ﬁciary Statements concerning ExisƟng Note(s). (c) If applicable , the ExisƟng Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer . The assignment of ExisƟng Leases shall be on the most recent Assignment and Assump Ɵon of Lessor's Interest in Lease form published by the AIR or its equivalent. (d) A n aﬃdavit executed by Seller to the eﬀect that Seller is not a" f o r e i gn person" within the meaning of Internal Revenue Code Sec Ɵon 1445 or successor statutes. If Seller does not provide such a ﬃdavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall a t the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal la w with respect to purchases from foreign sellers.
(e) If the Property i s located in California, an aﬃdavit executed by Seller to the eﬀect that Seller is not a ''nonresident" within the meaning of California Revenue and Tax Code SecƟon 18662 or successor statutes. If Seller does not provide such a ﬃdavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill of sale, duly executed, conveying Ɵtle to any included personal property to Buyer . (g) If the Selle r is ac o r p o r aƟon, ad u l y e x e c u t ed corporate resoluƟon authorizing the execuƟon of this Agreement and the sale of the Property.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cas h porƟon of the Purchase Price and such addiƟonal sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P .M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the Ɵme set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obliga Ɵons hereunder . Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of ﬁre insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of no Ɵce of the status of payment of real propert y taxes during the life of the Purchase Money Note.
(c) The Assignment and Assump Ɵon of Lessor's Interest in Lease form speci ﬁed in paragraph 10.2(c) above, duly executed by Buyer. 180
(d) Assump Ɵons duly executed by Buyer of the obligaƟons of Seller that accrue aŌer Closing under any Other Agreements. (e) If applicable, a wri Ʃen assumpƟon duly executed by Buyer of the loan documents with respect to Exis Ɵng Notes. (f) If the Buye r is ac o r p o r aƟon, ad u l ye x e c u t ed corporate resoluƟon authorizing the execuƟon of this Agreement and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form poli cy of Ɵtle insurance eﬀecƟve as of the Closing, issued by the Title Company i n the full amount o ft h eP u r c h a s eP r i c e, insuring Ɵtle to the Property vested in Buyer, subject only to the excepƟons approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transac Ɵon, the policy of Ɵtle insurance shall be a joint protec Ɵon policy insuring both Buyer and Seller .

IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY , IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFEC T YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. AN EW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.

11. ProraƟons and Adjustments.

11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Par Ɵes agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levie d by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.

11.2 Insurance. WARNING:A n yi n s u r a n c ew h i ch Seller may have maintained will terminate on the Closing. Buye r is advised to obtain appropriate insurance to cover the Property.

11.3 Rentals, Interest and Expenses.S c h e d u l ed rentals, interest on ExisƟng Notes, uƟliƟes, and operaƟng expenses shall be prorated as of the date of Closing.

The ParƟes agree to promptly adjust between themselves outside of Escrow any rents received a Ōer the Closing.

11.4 Security Deposit.S e c u r i t yD e p o s i ts held by Seller shall be given to Buyer as ac r e d it to the cash required of Buyer at the Closing.

11.5 Post Closing MaƩers. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Par Ɵes by appropriate cash payment outside of the Escrow when the amount due is determined.

11.6 VariaƟons in ExisƟng Note Balances. In the event that Buyer is purchasing the Property subject to an Exis Ɵng Deed of Trust(s), and in the event that a Beneﬁciary Statement as to the applicable ExisƟng Note(s) discloses that the unpaid principal balance of such ExisƟng Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof (" ExisƟng Note VariaƟon"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such ExisƟng Note VariaƟon. If there i s to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such ExisƟng Note VariaƟon.

11.7 VariaƟons in New Loan Balance . In the event Buyer is obtaining a New Loan and the amount ul Ɵmately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note , if any, shall be reduced by the amount of such excess.

11.8 Owner's Associa Ɵon Fees. Escrow Holder shall: (i) bring Seller's account with the associa Ɵon current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the associaƟon from Buyer's funds.

12. Representa Ɵons and WarranƟes of Seller and Disclaimers.

12.1 Seller' s warranƟes and representaƟons shall survive the Closing and delivery of the deed for ap e r i od of 3 years, and any lawsuit or acƟon based upon them must be commenced within such Ɵme period. Seller's warran Ɵes and representaƟons are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranƟes and representaƟons to Buyer and Brokers:
(a) Authority of Seller. Seller is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligaƟons hereunder. (b) Maintenance During Escrow and Equipment Condi Ɵon At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property unƟlt h eC l o s i ng in its present condiƟon, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in wri Ɵng, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence o r prior existence of any above or below ground storage tank. (d) Compliance. Except as otherwise disclosed in wri Ɵng, Seller has no knowledge of any aspect or condi Ɵon of the Property which violates applicable laws, rules, regulaƟons, codes or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without ap e r m it where one was required, or of any unfulﬁlled order or direcƟve of any applicable governmental agency or casualty insurance company requiring any inves ƟgaƟon, remediaƟon, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Exis Ɵng Lease or Other Agreement, or create any new leases o r other agreements aﬀecƟng the Property, without Buyer's wriƩen approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer .
(g) Mechanics' Liens.T h e r e a r e n o u n s aƟsﬁed mechanics' or materialmens' lien rights concerning the Property. (h) AcƟons, Suits or Proceedings.S e l l er has no knowledge of any acƟons, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would aﬀect the Property or the right to occupy or u Ɵlize same. (i) NoƟce of Changes.S e l l er will promptly noƟfy Buyer and Brokers in wriƟng of any Material C hange (see paragraph 9.1(o)) aﬀecƟng the Property that becomes known to Seller prior to the Closing.
(j) No Tenant Bankruptcy Proceedings.S e l l er has no noƟce or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Selle r is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances aﬀecƟng such personal property, except as disclosed by this Agreement or otherwise i n wriƟng to Buyer .

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its exis Ɵng condiƟon and will, by the Ɵme called for herein, make or have waived all inspecƟons of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Par Ɵes acknowledge that, except as otherwise stated in this Agreement, no representa Ɵons, inducements, promises, agreements, assurances, oral or wriƩen, concerning the Property, or any aspect of the occupaƟonal safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or r elied upon by either Party hereto.

12.3 I n the event that Buyer learns that aS e l l er representaƟon or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an ac Ɵon or proceeding against Seller or Brokers regarding said representa Ɵon or warranty.
181

12.4 Any environmental reports, soils reports, surveys, feasibility studies, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representa Ɵves, have been delivered as an accommodaƟon to Buyer and without any representa Ɵon or warranty as to the suﬃciency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Selle r believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and inves Ɵgate the Property.

13. Possession.

Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Exis Ɵng Leases.

14. Buyer's Entry.

At any Ɵme during the Escrow period, Buyer, and its agents and representa Ɵves, shall have the right at reasonable Ɵmes and subject to rights of tenants, to enter upon the Property for the purpose of making inspecƟons and tests speciﬁed in this Agreement. N o destrucƟve tesƟng shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in wri Ɵng by Seller, Buyer shall return the Property t o the condiƟon it was in prior to such entry or work, including the recompacƟon or removal of any disrupted soil or material as Seller may reasonably direct. All suc h inspecƟons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabiliƟes, losses, expenses (including reasonable aƩorneys' fees), damages, including those for injury to person or property, arising out of or rela Ɵng to any such work or materials or the acts or omissions of Buyer, its agents or employees in connecƟon therewith.

15. Further Documents and Assurances .

The ParƟes shall each, diligently and in good faith, undertake all acƟons and procedures reasonably required to place the Escrow in condiƟon for Closing as and when required by this Agreement. The Par Ɵes agree to provide all further informa Ɵon, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.

16. A Ʃorneys' Fees.

If any Party or Broker brings an acƟon or proceeding (including arbitraƟon) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereaŌer deﬁned) in any such proceeding, ac Ɵon, or appeal thereon, shall be en Ɵtled to reasonable aƩorneys' fees and costs. Such fees may be awarded in the same suit or recovered in as e p a r a t es u i t, whether or not such acƟon or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limita Ɵon, a Party or Broker who substan Ɵally obtains or defeats the relief sought, as the case may be, whether by compromise, seƩlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The a Ʃorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all aƩorneys' fees reasonably incurred.

17. Prior Agreements/Amendments.

17.1 Thi s Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property.

17.2 Amendments to this Agreement are e ﬀecƟve only if made in wri Ɵng and executed by Buyer and Seller.

18. Broker's Rights.

18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaul Ɵng Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buye r is the defaulƟng party, payment of said Brokerage Fee is in addiƟon to any obligaƟon with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transacƟon.

19. No Ɵces.

19.1 Wheneve r any Party, Escrow Holder or Brokers herein shall desire to give or serve any noƟce, demand, request, approval, disapproval or other communicaƟon, each such communicaƟon shall be in wri Ɵng and shall be delivered personally, by messenger, or by mail, postage prepaid, to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Service of any such communica Ɵon shall be deemed made on the date of actual receipt if personally delivered, or transmi Ʃed by facsimile transmission, electronic signature, digital signature, or email. Any suc h communicaƟon sent by regular mail shall be deemed given 48 hours aŌer the same is mailed.

CommunicaƟons sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours a Ōer delivery of the same to the Postal Service or courier. If suc h communicaƟon is received on aS a t u r d a y, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party or Broker hereto may from Ɵme to Ɵme, by noƟce in wriƟng, designate a di ﬀerent address to which, or a diﬀerent person or addiƟonal persons to whom, all communicaƟons are thereaŌer to be made.

20. Dura Ɵon of Oﬀer.

20.1 If this o ﬀer is not accepted by Seller on or before 5:00 P .M. according to the Ɵme standard applicable to the city of Oxnard, California on the date of August 25, 2023 , it shall be deemed automa Ɵcally revoked.

20.2 The acceptance of this oﬀer, or of any subsequent counteroﬀer hereto, that creates an agreement between the ParƟes as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed wri Ɵng uncondiƟonally accep Ɵng the last outstanding oﬀer or counteroﬀer.

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if ini Ɵaled by both ParƟes).

THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT , THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER O

F ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT , BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW

CANCELLATIO
N FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER.

Buyer's IniƟals Seller's IniƟals
182

22. ARBITRATION OF DISPUTES. (This ArbitraƟon of Disputes paragraph is applicable only if ini Ɵaled by both ParƟes.)

22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSI T SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION &M E D I A T I ON SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED.

SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS OF EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN

ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 1
6 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF AP ARTY TO PAY SUCH PARTY'S REQUIRED SHARE

OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE OR CROSSEXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR AD E F A U LT JUDGMENT AGAINST THE NONPAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF AP A R TY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.

22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEED INGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE

BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLE R OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.

22.3 NOTICE: BY INITIALIN G IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALIN G IN THE SPACE BELOW YOU ARE GIVING UP YOU R JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATIO N OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOU R AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY .

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

Buyer's IniƟals Seller's Ini Ɵals

23. Miscellaneous.

23.1 Binding Eﬀect. Buyer and Seller both acknowledge that they have carefully read and reviewed this Agreement and each term and provision contained herein. I n addiƟon, this Agreement shall be binding on the ParƟes without regard to whether or not paragraphs 21 and 22 are iniƟaled by both of the ParƟes.

Paragraphs 21 and 22 are each incorporated into this Agreement only if ini Ɵaled by both ParƟes at the Ɵme that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature or similar technology shall be legal and binding.

23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located.

Any liƟgaƟon or arbitraƟon between the ParƟes hereto concerning this Agreement shall be iniƟated in the county in which the Property is located.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.4 Counterparts.T h is Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall consƟtute one and the same instrument. Escrow Holder , a Ōer verifying that the counterparts are iden Ɵcal except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then consƟtute the Agreement.

23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.

23.6 Conﬂict.A n y c o nﬂict between the printed provisions of this Agreement and the typewri Ʃen or handwriƩen provisions shall be controlled by the typewriƩen or handwriƩen provisions. Seller and Buyer must iniƟal any and all handwriƩen provisions.

23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to par Ɵcipate in a 1031 exchange. Any party iniƟaƟng an exchange shall bear all costs of such exchange. The coopera Ɵng Party shall not have any liability (special o r otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.

23.8 Days.U n l e ss otherwise speci ﬁcally indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agency Rela Ɵonship.

24.1 The Par Ɵes and Brokers agree that their relaƟonship(s) shall be governed by the principles set forth in the applicable secƟons of the California Civil Code , as summarized in paragraph 24.2.

24.2 When entering into a discussion with ar e a le s t a t e a g e nt regarding ar e a le s t a t e t r a n s a cƟon, aB u y er or Seller should from the outset understand what type of agency relaƟonship or representaƟon it has with the agent or agents in the transac Ɵon. Buyer and Seller acknowledge being advised by the Brokers in this transacƟon, as follows:
(a) Seller's Agent. A Seller's agent under a lis Ɵng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following aﬃrmaƟve obligaƟons: (1) To the Seller: A ﬁduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's du Ɵes. b. A duty of honest and fair dealing and good faith. c. A duty to disclos e all facts known to the agent materially aﬀecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any con ﬁdenƟal informaƟon obtained from the other Party which does not involve the a ﬃrmaƟve duƟes set forth above.
(b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situa Ɵons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon for services rendered, either in full or in part from the Seller. A n agent acƟng only for aB u y er has the following aﬃrmaƟve obligaƟons. (1) To the Buyer: A ﬁduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer . (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of hones t and fair dealing and good faith. c. A duty t o 183
disclose all facts known to the agent materially aﬀecƟng the value or desirability of the property tha t are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any con ﬁdenƟal informaƟon obtained from the other Party which does not involve the aﬃrmaƟve duƟes set forth above.
(c) Agent RepresenƟng Both Seller and Buyer . A real estate agent, either ac Ɵng directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in at r a n s a cƟon, but only with the knowledge and consent of both the Seller and the Buyer . (1) In a dual agency situaƟon, the agent has the following a ﬃrmaƟve obligaƟons to both the Seller and the Buyer: a. A ﬁduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons (a) or (b) of this paragraph 24.2. (2) I n represenƟng both Seller and Buyer, the agent may not, without the express permission of the respec Ɵve Party, disclose to the other Party conﬁdenƟal informaƟon, including, but not limited to, facts relaƟng to either Buyer's or Seller's ﬁnancial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including Seller's willingness to accept a price less than the lis Ɵng price or Buyer's willingness to pay a price greater than the price o ﬀered. (3) The above du Ɵes of the agent in ar e a l e s t a t et r a n s a cƟon do not relieve a Seller or Buyer from the responsibility t o protect their own interests. Buye r and Seller should carefully read all agreements to assure that they adequately express their understanding of the transac Ɵon. A real estate agent is a person quali ﬁed to advise about real estate. If legal or tax advice is desired, consult ac o m p e t e nt professional. Buye r has the duty to exercise reasonable care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent a ƩenƟon and observaƟon. Both Seller and Buyer should strongl y consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subject to change. (d) Further Disclosures. Throughout this transac Ɵon Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisƟng in the transacƟon. Buye r and Seller should each read its contents each Ɵme it is presented, considering the relaƟonship between them and the real estate agent in this transacƟon and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of mul Ɵple representaƟon by the Broker represenƟng that principal. Thi s disclosure may be part of a lisƟng agreement, buyer representaƟon agreement or separate document. Buye r understands that Broker represenƟng Buyer may also represent other poten Ɵal buyers, who may consider, make oﬀers on or ul Ɵmately acquire the Property. Seller understands that Broker represenƟng Seller may also represent other sellers with compeƟng properƟes that may be of interest to this Buyer . Brokers have no responsibility with respect to any default or breach hereof by either Party. The Par Ɵes agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟng to this transacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (including court costs and aƩorneys' fees), of any Broker with respect to any breach of duty, error or omission rela Ɵng to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitaƟon on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker .

24.3 ConﬁdenƟal InformaƟon. Buyer and Seller agree to iden Ɵfy to Brokers as "ConﬁdenƟal" any communicaƟon or informaƟon given Brokers that is considered by such Party to be conﬁdenƟal.

25. Construc Ɵon of Agreement. In construing this Agreement, all headings and Ɵtles are for the convenience of the Par Ɵes only and shall not be considered a part of this Agreement. Wheneve r required by the context, the singular s h a l li n c l u d et h ep l u r a la nd vice versa. Thi s Agreement shall not be construed as if prepared by one of the ParƟes, but rather according to its fair meaning as a whole, as if both Par Ɵes had prepared it.

26. Contingency:T h i s t r a n s a c t i on is contingent upon the following contingencies:

A.B u yer and Seller acknowled ge they are both party in two separate sales transactions and eac h transaction is contingent upon the other closing concurrently, to com plete the exchange.T h e subject properties are 131 E 7th Street, Oxnard, California and 418 W.4 th Street, Oxnard, California.

B. Cit y of O x n a r da n dO x n a r dC i ty Council approval of Agreement within forty-five (45) days from opening of escrow

26. AddiƟonal Provisions.

AddiƟonal provisions of this o ﬀer, if any, are as follows or are aƩached hereto by an addendum or addenda consis Ɵng of paragraphs through . (If there are no addi Ɵonal provisions write "NONE".) ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY , LEGAL EFFECT , OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO :

1. SEEK ADVICE OF COUNSEL AS TO THE LEGA L AND TAX CONSEQUENCES OF THIS AGREEMENT.

2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY . SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY , THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.

WARNING: IF THE PROPERTY IS LOCATED IN AS T A T E O T H ER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.

NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED T HAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS. 184
The undersigned Buyer oﬀers and agrees to buy the Property on the terms and condiƟons stated and acknowledges receipt of a copy hereof.

BROKER
CBRE, Inc.

AƩn: Brian Hutcherson
Title: Western Regional Manager / Senior Vice
President
Address: 4301 La Jolla Village Drive, Suite
3000, San Diego, CA 92122
Phone: 858-546-2639
Fax:

Email: [email protected]
Federal ID No.: 95-2743174
Broker DRE License #: 00409987
Agent DRE License #: 02075144
Date:

BUYER
City of Oxnard, a municipal corporation
By:

Name Printed: Alexander Nguyen
Title: City Manager
Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address: 300 West Third Street, 4th Floor,
Oxnard, CA 93030
Federal ID No.:

27. Acceptance.

27.1 Seller accepts the foregoing o ﬀer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and condi Ɵons therein speciﬁed.

27.2 In consideraƟon of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to 0 % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker % .T h i s Agreement shall serve as an irrevocable instrucƟon to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.

27.3 Selle r acknowledges receipt of a copy hereof an d authorizes Brokers to deliver as i g n ed copy to Buyer .

NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.

BROKER
CBRE, Inc.

AƩn: Brian Hutcherson
Title: Western Regional Manager
Address: 4301 La Jolla Village Drive, Suite
3000, San Diego, CA 92122
Phone: 858-546-2639
Fax:

Email: [email protected]
Federal ID No.: 95-2743174
Broker DRE License #: 00409987
Agent's DRE License #: 02075144
Date:

SELLER
Sonflow, LLC, a California limited
liability company
By:

Name Printed:

Title:

Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address: 701 Sonora Avenue, Suite 200,
Glendale, CA 91201
Federal ID No.:
185
AIR CRE * h Ʃps://www.aircre.com *2 1 36878777 * contracts@aircre .com NOTICE: No part of these works may be reproduced in any form without permission in wri Ɵng. 186
04/2022

REPRESENTATION CONFIRMATION

Date: August 17, 2023
Seller/Lessor: Sonflow, LLC, a California limited liability company Buyer/Lessee: City of Oxnard, a municipal corporation
Property Name:

Street Address, City, State: 131 E. 7th Street, Oxnard, California Further described as: ±.20 acres of land

SELLER’S AGENT

CBRE, Inc., Lic 00409987 (Seller’s brokerage firm and license number) is the broker of (check one):
[ ] the seller.
[ X ] both the buyer and seller (dual agent).

Brian Hutcherson, Lic 02075144 (individual agent and license number) is (check one):
[ ] the Seller’s Agent (salesperson or broker associate). [ X ] both the Buyer’s and Seller’s Agent (dual agent).

BUYER’S AGENT

CBRE, Inc., Lic 00409987 (Buyer’s brokerage firm and license number) is the broker of (check one):
[ ] the buyer.
[ X ] both the buyer and seller (dual agent).

Brian Hutcherson, Lic 02075144 (individual agent and license number) is (check one):
[ ] the Buyer’s Agent (salesperson or broker associate). [ X ] both the Buyer’s and Seller’s Agent (dual agent).

CBRE, INC. City of Oxnard, a municipal corporation Agent Buyer

Salesperson or Broker Associate, if any (Signature) (Date) Buyer (Signature) (Date)

Brian Hutcherson
Salesperson or Broker Associate, if any (Printed Name) Buyer (Printed Name)

Sonflow, LLC, a California limited liability company
Seller

Seller (Signature) (Date)

Seller (Printed Name)
Please note that the terms “Seller” and “Buyer” are defined by the CA Civil Code to include a lessor and lessee, respectively.

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(NonResidenƟal)
Dated: August 15, 2023

1. Buyer.

1.1 Sonflow, LLC, a California limited liability company ,( "Buyer") hereby oﬀers to purchase the real property, hereinaŌer described, from the owner thereof ("Seller") (collecƟvely, the "ParƟes"o r individually, a" Party"), through an escrow ("Escrow") to close 30 or days aŌer the waiver or sa ƟsfacƟon of the Buyer's Con Ɵngencies, (" Expected Closing Date") to be held by Lawyer's Title Co.- Shirley Franks ("Escrow Holder") whose address is 2751 Park View Court, Suite 241, Oxnard, CA 93036 , Phone No. 805-484-2701 x7375 ,F a c s i m i l e N o .818-394-4820 upon the terms and condiƟons set forth in this agreement (" Agreement").

Buyer shall have the righ t to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligaƟons herein unless Seller expressly releases Buyer.

1.2 The term "Date of Agreement"a s used herein shall be the date when by execuƟon and delivery (as deﬁned in paragraph 20.2) of this document or a subsequent counteroﬀer thereto, Buyer and Seller have reached agreement in wri Ɵng whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both ParƟes.

2. Property.

2.1 The real property (" Property") that is the subject of this o ﬀer consists of (insert a brief physical descripƟon) approximately 0.18 acres of land with a 5,990 square foot, one-story vacant building is located in the County of Ventura ,i s commonly known as (street address, city, state, zip) 418 W. 4th Street, Oxnard, CA 93030 and is legally described as: To be provided in escrow (APN: 202-0-085-190 ).

2.3 The Property includes, at no addi Ɵonal cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: electrical distribuƟon systems (power panel, bus ducƟng, conduits, disconnects, lighƟng ﬁxtures); telephone distribuƟo n s y s t e m s( l i n e s ,j a c k sa n dc o n n e cƟons only); space heaters; heaƟng, venƟlaƟng, air condiƟoning equipment ("HVAC"); air lines; ﬁre sprinkler systems; security and ﬁre detecƟon systems; carpets; window coverings; wall coverings; and None (collecƟvely, the "Improvements").

2.4 The ﬁre sprinkler monitor: is owned by Seller and included in the Purchase Price, is leased by Seller, and Buyer will need to nego Ɵate a new lease with the ﬁre monitoring company, ownership will be determined during Escrow, or there is no ﬁre sprinkler monitor .

2.5 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price (" Purchase Price") to be paid by Buyer to Seller for the Property shall be $400,000.00 , payable as follows:
(Strike any not applicable)
(a) Cash down payment, including the Deposit as de ﬁned in paragraph 4.3 (or if an all cash transac Ɵon, the Purchase Price):
$400,000.00
(b) Amount of "New Loan" as de ﬁned in paragraph 5.1, if any:
(c) Buyer shall take Ɵtle to the Property subject to and/or assume the following exis Ɵng deed(s) of trust (" ExisƟng Deed(s) of Trust") securing the exisƟng promissory note(s) ("ExisƟng Note(s)"):
(i) An Exis Ɵng Note ("First Note") with an unpaid principal balance as of the Closing of approximately:

Said First Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the en Ɵre unpaid balance is due on ). (ii) A n ExisƟng Note ("Second Note") with an unpaid principal balance as of the Closing of approximately:

Said Second Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the en Ɵre unpaid balance is due on ). (d) Buye r shall give Seller ad e ed of trust ("Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6 (" Purchase Money Note") in the amount of:

Total Purchase Price:
188

3.2 If Buyer is taking Ɵtle to the Property subject to, or assuming, an ExisƟng Deed of Trust ands u ch deed of trust permits the beneﬁciary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condi Ɵon to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpai d principal balance of the applicable Exis Ɵng Note.

4. Deposits.

4.1 Buyer has delivered to Broker a check in the sum of , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or within 2o r 3 business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check or wire transfer in the sum of $5,000.00 .I f s a i d c h e c kor wire transfer is not received by Escrow Holder within said Ɵme period then Seller may elect to unilaterally terminate this transacƟon by giving wriƩen noƟce of such elecƟon to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's c heck or funds shall, upon request by Buyer, be promptly returned to Buyer .

4.2 Addi Ɵonal deposits:
(a) Within 5 business days a Ōer the Date of Agreement, Buyer shall deposit with Escrow Holder the addi Ɵonal sum of to be applied to the Purchase Price at the Closing.
(b) Withi n 5b u s i n e ss days aŌer the conƟngencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the addiƟo n a ls u mo f t ob ea p p l i e dt ot h eP u r c h a s eP r i c ea tt h eC l o s i n g . (c) If a n AddiƟonal Deposit is not received by Escrow Holder within the Ɵme period provided then Seller may noƟfy Buyer, Escrow Holder, and Brokers, in wriƟng that, unless the Addi Ɵonal Deposit is received by Escrow Holder within 2 business days following said no Ɵce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collec Ɵvely the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the Ɵming requirements of this transacƟon. The interes t therefrom shall accrue to the beneﬁt of Buyer, who hereby acknowledges that there may be penal Ɵes or interest forfeitures if the applicable instrument is redeemed prior to its speciﬁed maturity. Buyer's Federal Tax Iden ƟﬁcaƟon Number is . NOTE: Such interest bearing account cannot be opened un Ɵl Buyer's Federal Tax IdenƟﬁcaƟon Number is provided.

4.4 Notwithstanding the foregoing, within 5d a ys aŌer Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seller as and for independent considera Ɵon for Seller's' execuƟon of this Agreement and the gran Ɵng of the con Ɵngency period to Buyer as herein provided. Suc h independent consideraƟon is nonrefundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property i s completed.

5. Financing Con Ɵngency. (Strike if not applicable)

5.1 Thi s oﬀer is conƟngent upon Buyer obtaining from an insurance company, ﬁnancial insƟtuƟon or other lender, ac o m m i t m e nt to lend to Buyer a sum equal to at least % of the Purchase Price, on terms acceptable to Buyer. Such loan (" New Loan") shall be secured by a ﬁr s td e e d o ft r u s to r m o r t g a g eo nt he Property. If thi s Agreement provides for Seller to carry back junior ﬁnancing, then Seller shall have the right to approve the terms of the New Loan.S e l l er shall have 7 days following receipt of the commitment seƫng forth the proposed terms of the New Loan to approve or disapprove of such proposed terms. If Seller fails to no Ɵfy Escrow Holder, in wriƟng, of the disapproval within said 7d a ys it shall be conclusively presumed that Seller has approved the terms of the New Loan.

6. Seller Financing. (Purchase Money Note). (Strike if not applicable)

6.1 If Seller approves Buyer's ﬁnancials (see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of % per annum, with principal and interest paid as follows: . The Purchase Money Note and Purchase Money Deed of Trust shall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the Exis Ɵng Note(s) and/or the New Loan expressly called for by this Agreement.

6.2 The Purchase Money Note and/o r the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)):
(a) Prepayment. Principal may be prepaid in whole or in part at any Ɵme without penalty, at the opƟon of the Buyer. (b) Late Charge. A late charge of 6% shall be payable wit h respect to any payment of principal, interest, or other charges, not made within 10 days aŌer it is due.
(c) Due On Sale.I n the event the Buyer sells or transfers Ɵtle to the Property or any porƟon thereof, then the Seller may, at Seller's opƟon, require the enƟre unpaid balance of said Note to be paid in full.

6.3 If the Purchase Money Dee d of Trust is to be subordinate to other ﬁnancing, Escrow Holder shall, at Buyer's expense prepare and record on Seller's behalf a request for noƟce of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate.

6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. I F BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY.

6.5 Seller's obligaƟon to provide ﬁnancing is conƟngent upon Seller's reasonable approval of Buyer's ﬁnancial condiƟon.B u y er to provide a current ﬁnancial statement and copies of its Federal tax returns for the last 3 years to Seller within 10 days following the Date of Agreement. Seller has 10 days followin g receipt of such documentaƟon to saƟsfy itself with regard to Buyer's ﬁnancial condiƟon and to noƟfy Escrow Holder as to whether or not Buyer's ﬁnancial condiƟon is acceptable. If Seller fails to no Ɵfy Escrow Holder, in wriƟng, of the disapproval of this con Ɵngency within said Ɵme period, it shall be conclusively presumed that Seller has approved Buyer's ﬁnancial condiƟon. If Seller is not sa Ɵsﬁed with Buyer's ﬁnancial condiƟon or if Buyer fails to deliver the required documenta Ɵon then Seller may noƟfy Escrow Holder in wriƟng that Seller Financing will not be available, and Buyer shall have the opƟon, within 10 days of the receipt of such noƟce, to either terminate this transacƟon or to purchase the Property without Seller ﬁnancing. If Buyer fails to no Ɵfy Escrow Holder within said Ɵme period of its elecƟon to terminate this transacƟon then Buyer shall be conclusively presumed to have elected to purchase the Property withou t Seller ﬁnancing.I f B u y er elects to terminate, 189
Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obligaƟon.

7. Real Estate Brokers.

7.1 Eac h Party acknowledges receiving aD i s c l o s u r eR e g a r d i ng Real Estate Agency RelaƟonship, conﬁrms and consents to the following agency relaƟonships in this transacƟon with the following real estate broker(s) (" Brokers") and/or their agents (“Agent(s)”):

Seller's Brokerage Firm CBRE, Inc. License No. 00409987 is the broker of (check one): the Seller; or both the Buyer and Seller (dual agent).

Seller's Agent Brian Hutcherson License No. 02075144 is (check one): the Seller's Agent (salesperson or broker associate); or both the Seller's Agent and the Buyer's Agent (dual agent).

Buyer's Brokerage Firm CBRE, Inc. License No. 00409987 is the broker of (check one): the Buyer; or both the Buyer and Seller (dual agent).

Buyer's Agent Brian Hutcherson License No. 02075144 is (check one): the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent (dual agent).

The ParƟes acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents represenƟng the ParƟes or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connec Ɵon with any and all nego ƟaƟons and oﬀers with respect to the Property for ap e r i od of 1 year from the date inserte d for reference purposes at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, ﬁrm, broker, agent or ﬁnder in connecƟon with the negoƟaƟon of this Agreement and/or the consummaƟon of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, ﬁrm or enƟty, other than said Brokers and Agents is/are enƟtled to any commission or ﬁnder's fee in connecƟon with this transacƟon as the result of any dealings or acts of such Party. Buye r and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensa Ɵon, commission or charges which may be claimed by any broker , agent, ﬁnder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifyingP a r t y .

8. Escrow and Closing.

8.1 Upo n acceptance hereof by Seller, this Agreement, including any counteroﬀers incorporated herein by the ParƟes, shall consƟtute not only the agreement of purchase and sale between Buyer and Seller, but also instruc Ɵons to Escrow Holder for the consumma Ɵon of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instrucƟons restaƟng or amending the Agreement unless speciﬁcally so instructed by the ParƟes or aB r o k er herein. Subjec t to the reasonable approval of the ParƟes, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any con ﬂict between the provisions of the Agreement and the provisions of any addiƟonal escrow instrucƟons the provisions of the Agreement shall prevail as to the ParƟes and the Escrow Holder .

8.2 As soon as pracƟcal aŌer the receipt of this Agreement and any relevant counteroﬀers, Escrow Holder shall ascertain the Date of Agreement as deﬁned in paragraphs 1.2 and 20.2 and advise the Par Ɵes and Brokers, in wriƟng, of the date ascertained.

8.3 Escro w Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and pracƟce of the community in which Escrow Holder is located, including any repor Ɵng requirements of the Internal Revenue Code. In the event of a con ﬂict between the law o f t h es t a t ew h e r et h eP r o p e r t yis located and the law of the state where the Escrow Holder is located, the law o ft h es t a t ew h e r et h eP r o p e r t yis located shall prevail.

8.4 Subject to sa ƟsfacƟon of the con Ɵngencies herein described, Escrow Holder shall close this escrow (the " Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement.

8.6 Escrow Holder shall verify that all of Buyer's conƟngencies have been saƟsﬁed or waived prior to Closing. The ma Ʃers contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, ma Ʃers of agreement between the Par Ɵes only and are not instrucƟons to Escrow Holder.

8.7 If this transac Ɵon is terminated for non saƟsfacƟon and nonwaiver of a Buyer's ConƟngency, as deﬁned in paragraph 9.2 or disapproval of any other maƩer subject to Buyer's approval, then neither of the ParƟes shall thereaŌer have any liability to the other under this Agreement, except to the extent of a breach of any aﬃrmaƟve covenant or warranty in this Agreement. In the event of such termina Ɵon, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obliga Ɵon. If this transac Ɵon is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellaƟon fees and costs.

8.8 The Closing shall occur on the Expected Closing Date, or as soon therea Ōer as the Escrow is in condi Ɵon for Closing; provided, however , that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instrucƟons of the ParƟes, aP a r t yn ot then in default under this Agreement may noƟfy the other Party, Escrow Holder, and Brokers, in wriƟng that, unless the Closing occurs within 5 business days following said no Ɵce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

8.9 Except as otherwise provided herein, the termina Ɵon of Escrow shall not relieve or release either Party from any obliga Ɵon to pay Escrow Holder's fees and costs or consƟtute a waiver, release or discharge of any breach or default that has occurred in thep e r f o r m a n c e o ft h e o b l i g aƟons, agreements, covenants or warranƟes contained therein.

8.10 If this Escrow is terminated for any reason other than Seller's breach or default, then as ac o n d iƟon to the return of Buyer's deposit, Buyer shall within 5 days aŌer wriƩen request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and oth er similar items prepared by or for Buyer that pertain to the Property.

9. Con Ɵngencies to Closing.

9.1 IF, BEFORE EXPIRATION OF THE APPLICABLE TIME, BUYER FAILS TO PROVIDE ESCROW HOLDER WRITTEN NOTICE OF BUYER'S DISAPPROVAL OF ANY OF

BUYER'S CONTINGENCIES OR ANY OTHER MATTER THAT IS SUBJECT TO BUYER'S A PPROVAL IN THIS AGREEMENT , THEN BUYER SHALL BE CONCLUSIVELY DEEMED TO HAVE SATISFIED SUCH BUYER'S CONTINGENCIES AND/OR APPROVED OF SUCH OTHER MATTERS.I fa n u m b er of days is completed in any of the opƟonal spaces in subparagraphs 9.1 (a) through (m), then such number shall apply and override the pre printed number, even if the preprinted number is not stricken. The Closing of this transacƟon is conƟngent upon the saƟsfacƟon or waiver of the following conƟngencies:
(a) Disclosure. Seller shall make to Buyer , through Escrow, all of the applicable disclosures required by law (See AIR CRE (" AIR") standard form enƟtled "Seller's 190
Mandatory Disclosure Statement") and provide Buyer with ac o m p l e t ed Property InformaƟon Sheet ("Property InformaƟon Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or days following opening of Escrowthe Date of Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the ma Ʃers disclosed. (b) Physical InspecƟon. Buyer has 4510 or days following the receipt of the Property Informa Ɵon Sheet or the Date of Agreementopening of Escrow, whichever is later, to saƟsfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance CondiƟons Report. Buyer has 30 or 45 days following the receipt of the Property Informa Ɵon Sheet or the Date of Agreementopening of Escrow, whichever is later, to saƟsfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance CondiƟons Report concerning the Property and relevant adjoining properƟes. Any suc h report shall be paid for by Buyer. A " Hazardous Substance"f or purposes of this Agreement is deﬁned as any substance whose nature and/or quanƟty of existence, use, manufacture, disposal or eﬀect, render it subject to Federal, state or local regulaƟon, invesƟgaƟon, remediaƟon or removal as poten Ɵally injurious to public health or welfare. A " Hazardous Substance CondiƟon"f or purposes of this Agreement is deﬁned as the existence on, under or relevantly adjacent to the Property of a Hazardou s Substance that would require remediaƟon and/or removal under applicable Federal, state or local law. (d) Soil InspecƟon. Buyer has 30 or 45 days following the receipt of the Property Informa Ɵon Sheet or the Date of Agreementopening of Escrow, whichever is later, to saƟsfy itself with regard to the condi Ɵon of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer . Seller shall provide Buyer copies of any soils report that Seller may have within 10 days following the Date of Agreementopening of Escrow.B u yer, at Buyer's sole cost, shall perform aP h a se Ia n daP r operty Condition Assessment on the property.
(e) Governmental Approvals. Buyer has 30 or 45 days following the Date of Agreementopening of Escrow to saƟsfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdic Ɵon over the Property and which Buyer deems necessary or desirable in connecƟon with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, ﬁre, police, handicapped and Americans with Disabili Ɵes Act requirements, transportaƟon and environmental ma Ʃers. (f) CondiƟons of Title.E s c r ow Holder shall cause a current commitment for Ɵtle insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment (" Underlying Documents"), and a scaled and dimensioned plot showing the locaƟon of any easements to be delivered to Buyer within 10 or days following the Date of Agreementopening of Escrow.B u y e r h a s 1 0 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to saƟsfy itself with regard to the condiƟon of Ɵtle. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property a Ōer the Closing, shall not be considered a failure o f this conƟngency, as Seller shall have the obligaƟon, at Seller's expense, to saƟsfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey.B u y e r h a s30 or 45 days following the receipt of the Title Commitment and Underlying Documents to sa Ɵsfy itself with regard to any ALTA Ɵtle supplement based upon a survey prepared to American Land Title AssociaƟon ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal descripƟon and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direc Ɵon and expense. If Buyer has obtained a survey and approved the ALTA Ɵtle supplement, Buyer may elect within the period allowed for Buyer's approval of a survey t o have an ALTA extended coverage owner's form of Ɵtle policy, in which event Buyer shall pay any addi Ɵonal premium aƩributable thereto. (h) ExisƟng Leases and Tenancy Statements. Seller shall within 10 or days following the Date of Agreement opening of Escrow provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collecƟvely, "ExisƟng Leases") aﬀecƟng the Property, and with a tenancy statement ("Estoppel CerƟﬁcate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant o f the Property. Selle r shall use its best eﬀorts to have each tenant complete and execute an Estoppel CerƟﬁcate. If any tenan t fails or refuses to provide an Estoppel CerƟﬁcate then Seller shall complete and execute an Estoppel Cer Ɵﬁcate for that tenancy. Buyer has 10 days from the receipt of said Exis Ɵng Leases and Estoppel CerƟﬁcates to saƟsfy itself with regard to the ExisƟng Leases and any other tenancy issues. (i) Owner's AssociaƟon. Seller shall within 10 or days following the Date of Agreementopening of Escrow provide Buyer with a statement and transfer package from any owner's associaƟon servicing the Property. Suc h transfer package shall at a minimum include: copies of the associaƟon's bylaws, arƟcles of incorporaƟon, current budget and ﬁnancial statement. Buyer has 10 days from the receipt of such documents to sa Ɵsfy itself with regard to the associaƟon.
(j) Other Agreements. Seller shall within 10 or days following the Date of Agreement opening of Escrow provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will aﬀect the Property aŌer Closing. Buye r has 10 days from the receipt of said Other Agreements to saƟsfy itself with regard to such Agreements. (k) Financing. If paragrap h 5 hereof dealing with a ﬁnancing conƟngency has not been stricken, the saƟsfacƟon or waiver of such New Loan conƟngency. (l) ExisƟng Notes. If paragraph 3.1(c) has not been stricken, Seller shall with in 10 or days following the Date of Agreement provide Buyer with legible copies of the ExisƟng Notes, ExisƟng Deeds of Trust and related agreements (collecƟvely, "Loan Documents") to which the Property will remain subject aŌer the Closing. Escrow Holder shall promptly request from the holders of the Exis Ɵng Notes a beneﬁciary statement ("Beneﬁciary Statement") conﬁrming: (1) the amount of the unpaid principal balance, the current interest rate, and t h ed a t eto which interest is paid, and (2) the nature and amount of any impounds held by the beneﬁciary in connecƟon with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Bene ﬁciary Statements to saƟsfy itself with regard to such ﬁnancing.B u y e r 's obligaƟon to close is condiƟoned upon Buyer being able to purchase the Property without acceleraƟon or change in the terms of any ExisƟng Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fe e referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days following the receipt of such documents to saƟsfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date of Agreementopening of Escrow to saƟsfy itself with regard to the Ɵtle condiƟon of such personal property. Seller recommends that Buyer obtain a UCC 1 report. Any such report shall be paid for by Buyer . Seller shall provide Buyer copies of any liens or encumbrances a ﬀecƟng such personal property that it is aware of 191
within 10 or days following the Date of Agreementopening of Escrow. (n) DestrucƟon, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruc Ɵon of, or damage or loss to, the Property or any porƟon thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cos t of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the op Ɵon, within 10 days aŌer receipt of wri Ʃen noƟce of a loss cos Ɵng more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deducƟon or oﬀset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be en Ɵtled to any insurance proceeds applicable to such loss. Unles s otherwise noƟﬁed in wriƟng, Escrow Holder shall assume no such destrucƟon, damage or loss has occurred prior to Closing.
(o) Material Change.B u y er shall have 10 days following receipt of wriƩen noƟce of a Material Change within which to saƟsfy itself with regard to such change. " Material Change" shall mean a substan Ɵal adverse change in the use, occupancy, tenants, Ɵtle, or condiƟon of the Property that occurs a Ōer the date of this oﬀer and prior to the Closing. Unles s otherwise no Ɵﬁed in wriƟng, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement.
(q) Brokerage Fee. Payment at the Closing of such brokerage fee as is speci ﬁed in this Agreement or later wri Ʃen instrucƟons to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). I t is agreed by the ParƟes and Escrow Holder that Brokers are a third party beneﬁciary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee speci ﬁed in this Agreement, without the wri Ʃen consent of Brokers.

Seller's acceptance of a Buyer's Request shall amend this Agreement accordingly. If Seller fails to provide a Ɵmely and wriƩen Seller's Response, then Seller's Response shall be deemed to be a rejecƟon of Buyer's Request. Buye r may, within 10 days following the earlier of Buyer's receipt of a Seller's Response (which is not an acceptance of Buyer's Request) or the date of Seller's deemed rejec Ɵon of a Buyer's Request (" Buyer's Reply Period"), reply to a Seller's Response (" Buyer's Reply") and elect to (i) terminate this Agreement due to the nonsaƟsfacƟon and nonwaiver of thea p p l i c a b l ec o nƟngency, (ii) accept the Seller's Response in which event this Agreement shall be amended accordingly, or (iii) withdraw Buyer 's Request and waive the Disapproved Item in which event Buyer shall accept the Property subject to the Disapproved Item. If Buye r fails to provide a Ɵmely and wriƩen Buyer's Reply, then Buyer shall be deemed to have elected to terminate this Agreement as of the end of the Buyer's Reply Period. The date Buyer accepts a Seller's Response or withdraws a Buyer's Request and waives a Disapproved Item shall b et h ed a t e of Buyer's approval of the Disapproved Item. A Party shall provide t o Escrow Holder copy of all noƟces of a Disapproved Item, Buyer's Request, Seller's Response and Buyer's Reply and Escrow Holder shall promptly provide copies thereof to the other Party. Unless the Par Ɵes in wriƟng agree otherwise, if the Expected Closing Date is as p e c iﬁc calendar date and aB u y e r 's Reply Period expires aŌer such speciﬁcc a l e n d ar date, then notwithstanding paragraph 1.1, the Expected Closing Date shall be extended to be 3 business days aŌer the earlier of the date Buyer withdraws a Buyer's Request and waives the applicable Disapproved Item or Buyer accepts the applicable Seller's Response.

9.4 The Par Ɵes acknowledge that extensive local, state and Federal legisla Ɵon establish broad liability upon owners and/or users of real property for the invesƟgaƟon and remediaƟon of Hazardous Substances. The determina Ɵon of the existence of a Hazardous Substance CondiƟon and the evaluaƟon of the impact of such a condiƟon are highly technical and beyond the exper Ɵse of Brokers. The Par Ɵes acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardou s Substances on the Property or adjoining properƟes, and Buyer and Seller are not relying upon any invesƟgaƟon by or statement of Brokers with respect thereto. The Par Ɵes hereby assume all responsibility for the impact of such Hazardous Substances upon their respecƟve interests herein.

10. Documents and Other Items Required at or Before Closing.

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and prov ide copies thereof to each of the ParƟes.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cas h porƟon of the Purchase Price and such addiƟonal sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P .M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the Ɵme set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obliga Ɵons hereunder . Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of ﬁre insurance on the improvements in the amount of the full replacement cost 192
naming Seller as am o r t g a g el o ss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of noƟce of the status of payment of real property taxes during the life of the Purchase Money Note.
(c) The Assignmen t and AssumpƟon of Lessor's Interest in Lease form speciﬁed in paragraph 10.2(c) above, duly executed by Buyer . (d) Assump Ɵons duly executed by Buyer of the obliga Ɵons of Seller that accrue a Ōer Closing under any Other Agreements. (e) If applicable , aw r iƩen assumpƟon duly executed by Buyer of the loan documents with respect to ExisƟng Notes. (f) If the Buyer is a corpora Ɵon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buyer as t a n d a rd coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of Ɵtle insurance eﬀecƟve as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring Ɵtle to the Property vested in Buyer, subject only to the excepƟons approved by Buyer . In the event there is aP u r c h a s eM o n e y D e ed of Trust in this transacƟon, the policy of Ɵtle insurance shall be a join t protecƟon policy insuring both Buyer and Seller.

IMPORTANT: IN AP U R C H A S EOR EXCHANGE OF REAL PROPERTY , IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHIC H AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.

11. Prora Ɵons and Adjustments.

11.1 Taxes. Applicable real property taxe s and special assessment bonds shall be prorated through Escrow as of the date of the Closing , based upon the latest tax bill available. The Par Ɵes agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prio r to the Closing. Paymen t of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.

11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance t o cover the Property.

11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on Exis Ɵng Notes, uƟliƟes, and operaƟng expenses shall be prorated as of the date of Closing.

The ParƟes agree to promptly adjust between themselves outside of Escrow any rents received aŌer the Closing.

11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing.

11.5 Post Closing MaƩers.A n y i t e m to be prorated that is not determined or determinable at the Closing shall be promptly adjuste d by the ParƟes by appropriate cash payment outside of the Escrow when the amount due is determined.

11.6 VariaƟons in ExisƟng Note Balances.I n the event that Buyer is purchasing the Property subject to an ExisƟng Deed of Trust(s), and in the event that a Beneﬁciary Statement as to the applicable ExisƟng Note(s) discloses that the unpaid principal balance of such ExisƟng Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof (" ExisƟng Note VariaƟon"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such ExisƟng Note VariaƟon. If there i s to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such ExisƟng Note VariaƟon.

11.7 VariaƟons in New Loan Balance.I n the event Buyer is obtaining aN ew Loan and the amount ulƟmately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess.

11.8 Owner's AssociaƟon Fees.E s c r ow Holder shall: (i) bring Seller's account with the associaƟon current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the associa Ɵon from Buyer's funds.

12. RepresentaƟons and WarranƟes of Seller and Disclaimers.

12.1 Seller's warran Ɵes and representaƟons shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or ac Ɵon based upon them must be commenced within such Ɵme period. Seller' s warranƟes and representaƟons are true, material and relied upon by Buyer and Brokers in all respects. Selle r hereby makes the following warranƟes and representaƟons to Buyer and Brokers:
(a) Authority of Seller.S e l l er is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obliga Ɵons hereunder. (b) Maintenance During Escrow and Equipment CondiƟon At Closing.E x c e pt as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property unƟl the Closing in its present condi Ɵon, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks.S e l l er has no knowledge, except as otherwise disclosed to Buyer in wriƟng, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance.E x c e pt as otherwise disclosed in wriƟng, Seller has no knowledge of any aspec t or condiƟon of the Property which violates applicable laws, rules, regulaƟons, codes or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without a permit where one was required, or of any unfulﬁlled order or direcƟve of any applicable governmental agency or casualty insurance company requiring any invesƟgaƟon, remediaƟon, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements.P r i or to the Closing, Seller will not violate or modify any ExisƟng Lease or Other Agreement, or create any new leases or other agreements aﬀecƟng the Property, without Buyer's wriƩen approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Selle r has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in wri Ɵng to Buyer .
(g) Mechanics' Liens.T h e r e a r e no unsaƟsﬁed mechanics' or materialmens' lien rights concerning the Property. (h) AcƟons, Suits or Proceedings. Seller has no knowledge of any ac Ɵons, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would aﬀect the Property or the right to occupy or uƟlize same. (i) NoƟce of Changes. Seller will promptly no Ɵfy Buyer and Brokers in wriƟng of any Material Change (see paragraph 9.1(o)) a ﬀecƟng the Property tha t becomes known to Seller prior to the Closing.
(j) No Tenant Bankruptcy Proceedings.S e l l e r h a s n o n oƟce or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property.S e l l er has no knowledge that anyone will, at the Closing, have any right to possession of any personal property include d in the Purchase Price nor knowledge of any liens or encumbrances a ﬀecƟng such personal property, except as disclosed by this Agreement or otherwise in wri Ɵng to Buyer .

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its exisƟng condiƟon and will, by the Ɵme called for herein, make or have waived all inspec Ɵons of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Par Ɵes acknowledge that, except as otherwise stated in this Agreement, no representaƟons, inducements, promises, agreements, assurances, oral or wriƩen, concerning the Property, or any aspect of the occupa Ɵonal safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto. 193

12.4 Any environmental reports, soils reports, sur veys, and other similar documents which were prepared by third party consultants and provided to B uyer by Seller or Seller's representaƟves, have been delivered as an accommodaƟon to Buyer and without anyr e p r e s e n t aƟon or warranty as to the suﬃciency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and invesƟgate the Property.

13. Possession.

Possession of the Property shall be give n to Buyer at the Closing subject to the rights of tenants under ExisƟng Leases.

14. Buyer's Entry.

At any Ɵme during the Escrow period, Buyer, and its agents and representaƟves, shall have the righ t at reasonable Ɵmes and subject to rights of tenants, to enter upon the Property for the purpose of making inspec Ɵons and tests speciﬁed in this Agreement. No destruc Ɵve tesƟng shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Followin g any such entry or work, unless otherwise directed in wriƟng by Seller, Buyer shall return the Property to the condiƟon it was in prior to such entry or work, including the re compacƟon or removal of any disrupted soil or material as Seller may reasonably direct. All such inspecƟons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabili Ɵes, losses, expenses (including reasonable aƩorneys' fees), damages, including those for injury to person or property, arising out of or relaƟng to any such work or materials or the acts or omissions of Buyer, its agents or employees in connec Ɵon therewith.

15. Further Documents and Assurances.

The ParƟes shall each, diligently and in good faith, undertake all ac Ɵons and procedures reasonably required to place the Escrow in condi Ɵon for Closing as and when required by this Agreement. The Par Ɵes agree to provide all further informaƟon, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.

16. AƩorneys' Fees.

If any Party or Broker brings an ac Ɵon or proceeding (including arbitra Ɵon) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereaŌer deﬁned) in any such proceeding, acƟon, or appeal thereon, shall be enƟtled to reasonable aƩorneys' fees and costs. Suc h fees may be awarded in the same suit or recovered in as e p a r a t es u i t, whether or not such acƟon or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limita Ɵon, a Party or Broker who substan Ɵally obtains or defeats the relief sought, as the case may be, whether by compromise, seƩlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The a Ʃorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all a Ʃorneys' fees reasonably incurred.

17. Prior Agreements/Amendments.

17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property.

17.2 Amendments to this Agreement are eﬀecƟve only if made i n wriƟng and executed by Buyer and Seller .

18. Broker's Rights.

18.1 If thi s sale is not consummated due to the default of either the Buyer or Seller, the defaulƟng Party shall be liable t o and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaul Ɵng party, payment of said Brokerage Fee is in addiƟon to any obliga Ɵon with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transac Ɵon.

19. NoƟces.

19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any no Ɵce, demand, request, approval, disapproval or other communicaƟon, each such communicaƟon shall be in wriƟng and shall be delivered personally, by messenger, or by mail, postage prepaid, to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Service of any such communicaƟon shall be deemed made on the date of actual receip t if personally delivered, or transmiƩed by facsimile transmission, electronic signature, digital signature, or email. Any such communica Ɵon sent by regular mail shall be deemed given 48 hours a Ōer the same is mailed.

CommunicaƟons sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours aŌer delivery of the same to the Postal Service or courier. If such communica Ɵon is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party o r Broker hereto may from Ɵme to Ɵme, by noƟce in wriƟng, designate a diﬀerent address to which, or ad iﬀerent person or addiƟonal persons to whom, all communicaƟons are thereaŌer to be made.

20. DuraƟon of Oﬀer.

20.2 The acceptance of this o ﬀer, or of any subsequent counteroﬀer hereto, that creates an agreement between the ParƟes as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly execute d wriƟng uncondiƟonally accep Ɵng the last outstanding oﬀer or counteroﬀer.

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if iniƟaled by bothP a rƟes).

OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT , BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER. 194
Buyer's IniƟals Seller's IniƟals

22. ARBITRATION OF DISPUTES. (This ArbitraƟon of Disputes paragraph is applicable only if ini Ɵaled by both ParƟes.)

22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETUR N OF THE DEPOSIT SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIA L ARBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATIO N HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED.

SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS O F EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN

ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROPE RTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PREARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY'S REQUIRED SHARE O

F THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE OR CROSSEXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON PAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.

22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURTO F COMPETENT JURISDICTION BY THE

BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARB ITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BA R AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.

22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LA W AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL
, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION O F DISPUTES" PROVISION. IF YO U REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMEN T TO THIS ARBITRATION PROVISION IS VOLUNTARY .

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES A RISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

Buyer's IniƟals Seller's IniƟals

23. Miscellaneous.

23.1 Binding Eﬀect. This Agreement shall be binding on the Par Ɵes without regard to whether or not paragraphs 21 and 22 are ini Ɵaled by both of the Par Ɵes.

23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located.

Any liƟgaƟon or arbitraƟon between the ParƟes hereto concerning this Agreement shall be iniƟated in the county in which the Property is located.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.

23.8 Days.U n l e ss otherwise speci ﬁcally indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agency Rela Ɵonship.

24.1 The Par Ɵes and Brokers agree that their relaƟonship(s) shall be governed by the principles set forth in the applicable secƟons of the California Civil Code , as summarized in paragraph 24.2.

24.2 When entering into a discussion with ar e a le s t a t e a g e nt regarding ar e a le s t a t e t r a n s a cƟon, aB u y er or Seller should from the outset understand what type of agency relaƟonship or representaƟon it has with the agent or agents in the transac Ɵon. Buyer and Seller acknowledge being advised by the Brokers in this transacƟon, as follows:
(a) Seller's Agent. A Seller's agent under a lis Ɵng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following aﬃrmaƟve obligaƟons: (1) To the Seller: A ﬁduciary duty of utmos t care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's du Ɵes. b. A duty of honest and fair dealing and good faith. c. A duty to disclos e all facts known to the agent materially aﬀecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any con ﬁdenƟal informaƟon obtained from the other Party which does not involve the a ﬃrmaƟve duƟes set forth above.
(b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situa Ɵons, the agent is not the Seller's 195
agent, even if by agreement the agent may receive compensaƟon for services rendered, either in full or in part from the Seller. A n agent acƟng only for aB u y er has the following aﬃrmaƟve obligaƟons. (1) To the Buyer: A ﬁduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer . (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of hones t and fair dealing and good faith. c. A duty t o disclose all facts known to the agent materially a ﬀecƟng the value or desirability of the property that are not known to, or within the diligent a ƩenƟon and observaƟon of, the ParƟes. A n agent is not obligated to reveal to either Party any conﬁdenƟal informaƟon obtained from the other Party which does not involve the aﬃrmaƟve duƟes set forth above.
(c) Agent RepresenƟng Both Seller and Buyer. A real estate agent , either acƟng directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transac Ɵon, but only with the knowledge and consent of both the Seller and the Buyer . (1) In a dual agency situa Ɵon, the agent has the following aﬃrmaƟve obligaƟons to both the Seller and the Buyer: a. A ﬁduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other du Ɵes to the Seller and the Buyer as stated above in their respec Ɵve secƟons (a) or (b) of this paragraph 24.2. (2) In represen Ɵng both Seller and Buyer, the agent may not, without the express permission of the respecƟve Party, disclose to the other Party conﬁdenƟal informaƟon, including, but not limited to, facts relaƟng to either Buyer's or Seller's ﬁnancial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including Seller's willingness to accept ap r i c e l e ss than the lisƟng price or Buyer's willingness to pay a price greater than the price oﬀered. (3) The above du Ɵes of the agent in a real estate transacƟon do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read al l agreements to assure that they adequately express their understanding of the transacƟon. A real e state agent is ap e r s on qualiﬁed to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer has the duty to exercise reasonable care to protect Buyer, including as to those fact sa b o u tt h e Property which are known to Buyer or within Buyer's diligent aƩenƟon and observaƟon. Bot h Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transac Ɵon can be complex and subject to change. (d) Further Disclosures. Throughou t this transacƟon Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisƟng in the transacƟon. Buyer and Seller should each read its contents each Ɵme it is presented, considering the relaƟonship between them and the real estate agent in this transacƟon and that disclosure. Buye r and Seller each acknowledge receipt of a disclosure of the possibility of mul Ɵple representaƟon by the Broker represenƟng that principal. This disclosure may be part of a lis Ɵng agreement, buyer representaƟon agreement or separate document. Buyer understands that Broker represenƟng Buyer may also represent other potenƟal buyers, who may consider, make oﬀers on or ulƟmately acquire the Property. Selle r understands that Broker represenƟng Seller may also represent other sellers with compe Ɵng properƟes that may be of interest to this Buyer . Brokers have no responsibility with respect to any default or breach hereof by either Party. The Par Ɵes agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟng to this transacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (including court costs and aƩorneys' fees), of any Broker with respect to any breach of duty, error or omission rela Ɵng to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitaƟon on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker .

24.3 ConﬁdenƟal InformaƟon.B u y er and Seller agree to idenƟfy to Brokers as "ConﬁdenƟal" any communicaƟon or informaƟon given Brokers that is considered by such Party to be conﬁdenƟal.

25. ConstrucƟon of Agreement. In construing this Agreement, all headings and Ɵtles are for the convenience of the Par Ɵes only and shall not be considered ap a rt of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if p repared by one of the ParƟes, but rather according to its fair meaning as aw h o l e, as if both ParƟes had prepared it.

26. Contingency:T h i s t r a n s a c t i on is contingent upon the following contingencies:

B. Cit y of O x n a r da n dO x n a r dC i ty Council approval of Agreement within forty-five (45) days from opening of escrow

26. AddiƟonal Provisions.

1. SEEK ADVICE OF COUNSEL AS TO THE LEGA L AND TAX CONSEQUENCES OF THIS AGREEMENT.

NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY . 196

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.

The undersigned Buyer oﬀers and agrees to buy the Property on the terms and condi Ɵons stated and acknowledges receipt of a copy hereof.

BROKER
CBRE, Inc.

AƩn: Brian Hutcherson
Title: Western Regional Manager / Senior Vice
President
Address: 4301 La Jolla Village Drive, Suite
3000, San Diego, CA 92122
Phone: 858-546-2639
Fax:

Email: [email protected]
Federal ID No.: 95-2743174
Broker DRE License #: 00409987
Agent DRE License #: 02075144
Date:

BUYER
Sonflow, LLC, a California limited
liability company
By:

Name Printed:

Title:

Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address: 701 Sonora Avenue, Suite 200,
Glendale, CA 91201
Federal ID No.:

27. Acceptance.

27.1 Seller accepts the foregoing o ﬀer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and condi Ɵons therein speciﬁed.

27.2 In consideraƟon of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to 0 % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker % and Buyer's Broker %. This Agreement shall serve as an irrevocable instrucƟon to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.

27.3 Selle r acknowledges receipt of a copy hereof an d authorizes Brokers to deliver as i g n ed copy to Buyer .

NOTE: AP R O P E R TY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYE R BY SELLER UNDER THIS AGREEMENT.

BROKER
CBRE, Inc.

AƩn: Brian Hutcherson
Title: Western Regional Manager
Address: 4301 La Jolla Village Drive, Suite
3000, San Diego, CA 92122
Phone: 858-546-2639
Fax:

Email: [email protected]
Federal ID No.: 95-2743174
Broker DRE License #: 00409987
Date:

SELLER
City of Oxnard, a municipal corporation
By:

Name Printed: Alexander Nguyen
Title: City Manager
Phone:

Fax:

Email:

By:

Name Printed:
197
Agent's DRE License #: 02075144 Title:

Phone:

Fax:

Email:

Address: 300 West Third Street, 4th Floor,
Oxnard, CA 93030
Federal ID No.:

AIR CRE * h Ʃps://www.aircre.com *2 1 36878777 * contracts@aircre .com NOTICE: No part of these works may be reproduced in any form without permission in wri Ɵng. 198
04/2022

REPRESENTATION CONFIRMATION

Date: August 17, 2023
Seller/Lessor: City of Oxnard, a municipal corporation
Buyer/Lessee: Sonflow, LLC, a California limited liability company Property Name:

Street Address, City, State: 418 W. 4th Street, Oxnard, California Further described as: ±.18 acres of land with a 5,990 SF one-story vacant building

SELLER’S AGENT

CBRE, Inc., Lic 00409987 (Seller’s brokerage firm and license number) is the broker of (check one):
[ ] the seller.
[ X ] both the buyer and seller (dual agent).

BUYER’S AGENT

CBRE, Inc., Lic 00409987 (Buyer’s brokerage firm and license number) is the broker of (check one):
[ ] the buyer.
[ X ] both the buyer and seller (dual agent).

CBRE, INC. Sonflow, LLC, a California limited liability company Agent Buyer

Salesperson or Broker Associate, if any (Signature) (Date) Buyer (Signature) (Date)

Brian Hutcherson
Salesperson or Broker Associate, if any (Printed Name) Buyer (Printed Name)

City of Oxnard, a municipal corporation
Seller

Seller (Signature) (Date)

Seller (Printed Name)
Please note that the terms “Seller” and “Buyer” are defined by the CA Civil Code to include a lessor and lessee, respectively.

This form must be delivered before or concurrently with the signing of the purchase and sale contract (or lease). In lieu of this form, such confirmation may also be set forth in the purchase and sale contract (or lease). 199
Acquisition of Real Property located at 131 East
Seventh Street and Disposition of Real Property
located at 418 West Fourth Street in Downtown
Oxnard
Emilio Ramirez, Director
Housing Department
City Council
December 5, 2023
200

1. Propose to acquire and assemble with the
surrounding vacant land

2. Future mixed use development including
affordable housing

3. Purchase price is $430,000 is consistent with
a fair market value appraisal

4. Seller is Sonflow LLC
131 East Seventh Street 2
201
418 West Fourth Street 3

1. Propose to sell the former Gull Wings
Children Museum located at 418 West Fourth
Street

2. City Council declared the subject property as
surplus

3. The State of California has approved its
disposition on the open market

4. Sells price is $400,000 is consistent with a
fair market value appraisal

5. Buyer is Sonflow LLC and proposes to
rehabilitate the existing structure

6. Buyer to use the property as senior wellness
center
202
Recommendation 4
That the City Council:

2. Approved the disposition of improved real property located at 418 West Fourth Street in the amount of $400,000 for a future private use;

3. Approve the acquisition of unimproved real property located at 131 East Seventh Street in the amount of $430,000 for the future development of affordable housing;

6. Authorize the City Manager or his designee to execute any and all documents necessary to facilitate these transactions.
203
End of Presentation
5 204

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: December 5, 2023

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Solid Waste (Refuse) Rates Discussion. (50 minutes)

RECOMMENDATION

That the City Council:

1. Provide comments and feedback on the goals, variable input, preliminary scenarios, and the process and timeline for solid waste rates; and

2. Direct staff to move forward to the next steps in the rate setting process on the basis of Scenario 4. (Public Works and Transportation Committee approved 2-0)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/- SNEvyuWTKM
Live presentation to be provided by a consultant.

BACKGROUND

Executive Summary

The City’s Public Works Department Environmental Resources Division (ER) is an enterprise fund operation that provides Municipal Solid Waste (MSW) services to Oxnard residents and businesses, which includes collection, sorting, processing, and disposal for 34,154 residential properties and 16,378 commercial customers (includes apartment buildings) six days a week. Services include collection, sorting, transportation, and transferring material to the landfill to foster a clean, safe, and sustainable Oxnard. To provide our services while meeting all Local, State, and Federal requirements, ER:
• Recycles approximately 12,918 tons of material and 14,177 tons of organics (green waste & food waste); • Handles approximately 294,938 tons (589,876,000 lbs) of MSW annually; • Has a workforce of 179 essential workers fulfilling 529,443 hours per year; and • Has invested approximately $60 million in capital equipment, facilities, and land including the Del Norte Regional Recycling and Transfer Station and approximately 138 vehicles (109 heavy-duty trucks & 29 small vehicles)

The last time the City Council approved a cost of service analysis for ER was in May 2012, with a rate increase effective January 2013. Since January 2013 (when accounting for the removal of the Infrastructure Use Fee (IUF) in 2021) the residential rate (96-gallons) has gone from $30.15 to $30.78 per month and the most popular commercial rate (4-yard/once per week) has gone from $224.81 to $230.86 per month. This represents a 2.1% residential increase and a 2.7% commercial increase over 10 years. However, over that same decade, the consumer price index has increased by 33.9%.

Separate from rates, service fees (e.g. per ton for disposal of refuse, greenwaste, construction and demolition, and self- 205
haul disposal rates at Del Norte) increased in FYs 2012/13, 2016/17, 2018/19 for pass-through costs and decreased in FY 21/22 for the removal of the IUF.

Clearly, during the 2010’s, City Hall’s discombobulation on the heels of the District Attorney investigations into the prior decade’s activities, shocking financial audit findings, and frequent executive staff turnover had, at minimum, distracted City Hall from following best management practices, including the reviewing of rates every five years. In addition to that, the State has imposed many unfunded mandates on the solid waste industry, such as mandatory recycling and mandatory organics recycling waste programs, that require significant capital investment and operational costs not fully contemplated in previous rate studies.

Based upon the draft Fiscal Year 2023/24 cost-of-service study the ER division expenditures are anticipated to materially outpace revenues resulting in a negative ending cash balance no later than Fiscal Year 2024/25. The combination of minimal rate increases, unfunded State mandates, elevated inflation, and the need for significant capital investment to replace and rehabilitate assets is expected to result in a growing structural deficit.

Reliable and efficient solid waste service is a key component for the maintenance of solid waste services for the public health, safety, and welfare of the community. As mentioned, absent a rate adjustment, the draft cost-of-service study projects negative cash balances by FY 2024/25. Staff has provided some preliminary rate increase scenarios for discussion and consideration. Each of the scenarios assumes changes in key assumptions such as the level and timing of rate revenue adjustments, amount of capital spending, and proposed debt issuances. Based on the direction of City staff, several sensitivity analyses were performed such as examining the effects of no rate adjustment or no capital spending, among other sensitivities.

DISCUSSION

Cost of Service Study

As an industry best management practice, rates should cover the cost of providing services, establish an appropriate level of reserves, and a cost of service study (Study/Studies) should be performed every 3-5 years. This Study is critical to understanding the effectiveness and efficiencies of the operation and verifying existing rates are adequate, and providing a long-term path for the financing viability and sustainability for solid waste operations. The last ER Study was completed in 2012 and implemented in 2013. With respect to the solid waste industry in California, many things have changed over the past decade since this last review was completed. Operations must keep up with rising costs for goods and services, unfunded State mandates, and be able to implement critical capital outlay and projects that are mandated or necessary for the health and safety of our customers.

Performed regularly, Studies provide transparency into what the City can expect in the years ahead and ensure we have the financial resources to maintain our infrastructure, manage vehicles and equipment capacity for growth, implement new technologies, address existing and new state and federal regulations, and implement our capital improvement program (CIP). All of this is to provide reliable and safe service to our customers. The Study is the tool used to develop rates so that rates meet the cost of service plus the appropriate level of reserves.

Raftelis, placed under contract in December of 2022, is assisting the City with the calculations of the cost of service draft study and recommending changes to the current rates and fees structure.

Goals for the Cost of Service Study

When finalized, the cost of service study will determine the overall revenue adjustments and the total amount of revenue required from rates and fees to meet the cost of service over time. The revenue covers operating and maintenance (O&M), debt service, and capital expenses as well as reserve funding. Revenue adjustments represent the average rate increase for the City; rate changes for individual customers will depend on the cost of service analysis. Once complete, the Study will include rates and fees that promote and sustain a financially viable utility. As such, to provide guidance, staff in conjunction with Raftelis have relied upon identifying several goals in the development of preliminary rate options. These goals are important to consider when identifying rate-influencing items with variable options, such as a reserve fund balance target or Capital Improvement Program (CIP) projects. In general, the goals are to provide a safe, reliable, and sustainable solid waste service. Specific goals include:
206

1. Cover Operations and Maintenance Costs (O&M) - (G1)

2. Cover Capital Investments - (G2)

3. Legally Compliant - (G3)

4. Promote Financial Viability - (G4)

5. Community Values - (G5)

6. Provide Fairness and Equity - (G6)

Input and Considerations

The foundation of the Study and the primary objective of the solid waste rates are to reasonably recover the cost of providing service, the cost of infrastructure investment, implement known State unfunded mandates and comply with covenants of internal and external fiscal targets (referred to as the "Revenue Sufficiency" evaluation).

Ensuring adequate cash reserves and appropriate cash flows generally results in a sustainable long-term financial plan that can mitigate the financial and operating risk from unanticipated or sudden events to financial operations (e.g., changes in market conditions affecting operations and recovered materials revenues, reduced growth or tonnage, unanticipated or extraordinary expenses, unfunded mandates, etc.). The identified revenue requirements to be funded from rates are then allocated based on the type and level of service.

To assess the sustainability of the City’s charges for service, Raftelis developed a draft financial model capable of forecasting solid waste operations over a ten-year Rate Study Period but with the recommended rate revenue adjustment period comprising the Fiscal Years 2024/25 through 2028/29. By forecasting operations over this period of time we can capture funding requirements that may not be annually occurring, test sensitivity to potential changes in operations or costs, and examine projections of cash reserves and net revenue margins to evaluate compliance with formal and informal fiscal policies. Performing a thorough evaluation of the City’s funding requirements allows us to provide sound rate recommendations to help ensure the City has sufficient resources to fund operations and achieve its objectives. The following provides a brief overview of the key activities performed for the draft Study:

1. An evaluation of the service area requirements for the City was performed. This included a review of recent historical customers served and corresponding waste generation such that: i) a representative forecast of the Division’s needs from a financial standpoint could be prepared, and ii) a projection of rate revenues consistent with the projected service area needs could be developed.

2. Raftelis, with the support of City staff, analyzed a projection of the Net Revenue Requirements from rates and fees, which equates to the expenditure requirements funded from rates and fees. An illustration of the components that make up the Net Revenue Requirements is summarized below:

+ Cost of Operation and Maintenance
+ Debt Service (Vehicle Leases)
+ Indirect Cost Allocation and Administration Payments + Capital Funding Requirements
+ Deposits to Reserves for Policy Compliance and Future Expenditures – Other Operating Revenue
– Interest Income / Transfers from Operating Reserves = Net Revenue Requirements (Funded from Rates and Fees)

3. The annual cost of providing solid waste service to City customers was determined by identifying the gross revenue requirements, netting out all other applicable revenues resulting in a net revenue requirement to be funded from the respective fees. The applicable equivalent unit billing determinants, as presented within the cost of service analysis of the draft report, will be used to determine the unit cost of service to be presented in the final report. It should be noted that the information reported herein is accurate to the best of our knowledge and is assumed to be reasonable for the purposes of estimating the cost of service with rate recommendations pursuant to the Proposition 218 Omnibus Implementation Act at Gov. Code 53750. In addition to recommending rates and fees, the intent of providing this information is to help support a general understanding of the City’s financial needs to support ER’s programs, operations, and services.
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4. Based on the identified funding requirements and the draft cost of service associated with providing service over the Rate Study Period, provide preliminary rate recommendations to ensure adequate funding for the City’s needs and meet the City’s rate goals and objectives.

The following items are key components of developing the draft rate study and have a direct influence on the actual rates.

Staff has recommendations for each item, as noted. Because these factors influence any proposed rate change, staff is seeking feedback from the Public Works and Transportation Committee/City Council on each item separately. The summary of these factors with recommendations is listed below:

Factor Staff
Recommendation
Justification Goal(s)

1. Rate Study
Period
5-year period Industry standard;
long-range planning;
fairness of rates;
ensures planned
operations and
mitigates deferred
maintenance
G6

2. Pass-Through
Charge (to the
extent allowed
by State Code)
Include a pass-
through for fees as
allowed by
California
Government Code
53736 (c)
Avoids over or
underestimating
factors outside the
City’s control (e.g.
disposal fees from
third-party vendors)
G4,
G5, G6

3. Capital
Improvement
Program (CIP)
and Capital
Outlay
Implement over an
extended period to
smooth rates;
leases extended to
7 years, CIP over
20 years
Allows for CIP
projects at a pace
within existing
resources; ensures an
operable and safe
facility; safe and
reliable equipment
and vehicles
G2, G4

4. Reserve Fund
Balance Target
Endeavor to
maintain 25% (per
Resolution 15595)
Consistent with City
Council Resolution;
provides a funding
source for
emergencies and bond
covenants (if/when
required) and strong
credit ratings
G1, G4,
G5

5. Debt Coverage
Ratio (when
applicable)
Ensure funding of
annual debt
service and capital
lease payments
Ensures the City is
not in default of
debt/lease repayment
obligations
G4, G5

The draft cost of service study has evaluated and considered all revenues from both rates and fees, among other revenues.

For purposes of this report and as referenced in the draft cost of service study, rate revenues are defined as the monthly property based charges for solid waste collection and disposal service that must follow the Proposition 218 noticing 208
requirements and process. Fees are defined as charges for solid waste services and while they do not require a Proposition 218 noticing procedure, they must be cost based and in compliance with Proposition 26.

Existing Rates and History (include a benchmark CPI theoretical scenario)

The City Council approved a cost of service analysis last in May 2012, resulting in rate increases effective January 2013.

The authorized increases and decreases noted in the table below cumulatively represent a 2.1% increase in residential rates and a 2.7% increase in the most popular commercial rate since the last Study was approved and implemented in January 2013. However, over that same decade, the consumer price index has increased by 33.9%. The following tables provide the rate history for a residential customer (96-gallon cart):

Date Oct
2012
Jan 2013 Mar 2013 Jan
2014
Jan
2015
Jan
2016
Jan 2017
Residential Rate (96-
gallon)
$29.86 $30.15 $31.03 $31.03 $31.03 $31.03 $31.34
Total Change 0.0% 1.0% 2.9% 0.0% 0.0% 0.0% 1.0%
Notes Rate
Increase
Pass-
Through
Pass-
Through

Date (cont.) Jan 2018 Jan
2019
Jan
2020
Jan 2021 Jan 2022 Jan
2023
Residential Rate (96-
gallon)
$31.88 $31.88 $31.88 $30.78 $30.78 $30.78
Total Change 1.7% 0.0% 0.0% -3.5% 0.0% 0.0%
Note Pass-
Through
IUF Reduced

The below graph shows the history of residential rates since 2012. The graph also includes a benchmark scenario, if rates were theoretically increased annually by the CPI (Los Angeles-Long Beach-Anaheim, California) at a minimum. 209

Note: Residential rates increased in FY 12-13, FY 16-17, FY 18-19 and decreased in FY 21-22, reflecting the IUF reduction.

Efficiency Efforts

The ER staff is entrusted with managing enterprise funds based on an annual budget approved by the City Council. The City is committed to investing in meeting local, state, and federal regulations, ensuring safe and reliable solid waste collection services, and providing excellent customer service to residents and businesses. ER has made significant investments totaling approximately $60 million to the Material Recycling Facility (MRF) at Del Norte Regional Recycling and Transfer Station and has acquired Compressed Natural Gas (CNG) automated collection refuse vehicles, replacing older vehicles to enhance efficiency and reduce costs.

ER staff actively informs residents and businesses about recycling programs and new organic recycling laws through various channels such as social media, billing inserts, radio broadcasts, and special events. Outreach and education staff are available to assist residents and businesses by providing information on recycling and mandated programs.

Despite efficient efforts to be cost-effective, the City needs rates that meet the actual cost to provide service. Oxnard Refuse customers pay less per person served for refuse service when compared to other nearby cities. The current average rate per person for trash service is compared with other agencies in the table below:
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Challenges

There are many challenges ER faces with new and old unfunded Local, State, and Federal mandates. These include factors that are outside the control of the City (e.g. unfunded mandates and rising costs of labor, fuel, and disposal cost) and factors due to the post-pandemic (e.g. supply chain restrictions and increased cost to supplies and equipment). Another challenge is the aging vehicles, equipment, and infrastructure that need constant maintenance and repairs.

State Unfunded Mandates -

Several recycling and composting laws that took effect that had major financial and operational impacts on the solid waste collection system:

1. AB 341 Mandatory Commercial Recycling (MCR) – Adopted into California Law in 2012 and requires businesses that generate four or more cubic yards of commercial waste per week and multi-family complexes with five or more units to self-haul or subscribe to recycling services.

2. AB 1826 Mandatory Commercial Organics (MORe) – Effective January 1, 2016, and phases in the number of businesses and multi-family dwellings that are required to subscribe to commercial organic collection service.

3. AB 827 – Effective July 1, 2020, and expands upon requirements of MCR and MORe to include mandatory recycling and organics carts for businesses at the “front of house” (i.e. portion of the business open to the public) to collect waste generated by customers from products they purchase and consume on the premises.

4. SB 1383 Short-Lived Climate Pollutants (Organics Recycling) – Effective January 1, 2022, and requires jurisdictions to provide organic waste collection services to all residents and businesses so that they may divert all organic waste to a compost program.

Inflation -

Of significant importance is that the cost to operate a full-service solid waste operation is not immune to inflation. As noted above, the industry has observed significant increases to the cost of solid waste collection, operations, and disposal. 211
The U.S. Bureau of Labor Statistics measures garbage bill increases nationally through a subcomponent to CPI in the Garbage and Trash Index (G&T). The Garbage and Trash Index has increased by 20% since 2020. Raftelis calculated a weighted Producer Price Index (PPI) of the cost inputs to garbage collection service and estimated cost increases may be closer to 40% since 2020 due to labor, capital cost, and fuel cost increases.

The City’s previous solid waste cost of service analysis was last completed in 2012. Costs for goods and services have increased since that year and continue to do so while the refuse utility rates have only slightly changed (2.1% increase in residential rates and a 2.7% increase in the most popular commercial rate). In addition, recent State unfunded mandates have increased the costs of operations to avoid penalties and/or non-compliance actions by the State. This has led to a structural deficit and impacts ER’s financial stability. Without a rate increase, the draft rate model shows a negative cash balance in FY 2024/25.

Note: FY 22-23 Cash Balance base is unaudited and FY 23-24 and beyond are estimates and subject to change.

Aging Infrastructure and Equipment -

As noted above, the ER handles over 589 million pounds of municipal solid waste each year. This takes a significant amount of equipment and infrastructure. ER has 138 vehicles, including 109 large heavy-duty trucks. Additionally, the MRF houses sorters and other associated equipment related to recycling. The sorting equipment, which is key to the 6- day-a-week operations, is 27 years old and requires constant maintenance to keep up with the recycling, greenwaste, food waste, and residual trash, produced by residential, commercial, and industrial customers. Furthermore, the MRF building is 27 years old and houses ER’s administrative staff, conveyors, walking floors, and sorting equipment. The MRF needs 212
significant improvements including a new roof. Here are some examples of operating and capital costs to address this aging equipment and infrastructure:
• Average annual maintenance cost for trash truck (front-end loader) is $19,642 • Current price of a new trash truck (side-loader) is $339,053 (Purchase of zero-emission vehicles is expected to cost up to 200% more than the current price of a new CNG refuse vehicle) • Estimated roof replacement costs: $7.5 million
• Annual maintenance and repairs costs for sorting equipment (we have 31 sorting belt lines made up of conveyors, walking floors and one bailer) which can cost between $250K to $1.5 million per repair • Estimated cost for a like-for-like replacement of the MRF is $36 million (this estimate can fluctuate with the price of steel, metal, inflationary factors, and the consumer price index)

Revenues and Expenditures

The revenue streams for ER have managed to remain relatively stable over time due to several key factors. One of the primary reasons is the consistent collection of solid waste services from both residential households and businesses within the city. Waste generation rates have remained relatively constant, ensuring a consistent flow of revenue for the city's solid waste programs (see table below). On average, revenues have averaged about $47 million per fiscal year. Most recently, revenue has been impacted by the decline in sales of recycled material due to the COVID-19 pandemic, market fluctuation, and new/increased regulations on the cleanliness of the material. All of the other revenues, including the two largest, residential and commercial collections, have remained consistent. This would be consistent with a relatively stable number of customers for residential and commercial accounts.

The largest contributing expenditures to the solid waste program primarily include costs related to waste collection, transportation, and disposal. These expenditures encompass various essential activities and services involved in managing the city's solid waste effectively. Here's a breakdown of key operating expenses:

1. Waste Collection Personnel: A significant portion of the budget is allocated to employing waste collection personnel, including drivers and crew members responsible for collecting waste from residential areas, commercial establishments, and public spaces.

2. Fleet and Equipment Maintenance: Maintaining a fleet of waste collection vehicles, including garbage trucks and recycling vehicles, is crucial for day-to-day operations.

3. Fuel: Refuse heavy-duty and fleet vehicles operate on CNG, diesel, and unleaded fuel.

4. Waste Transportation: The transportation of collected waste to appropriate disposal facilities, recycling centers, or composting sites. This includes fuel costs, vehicle maintenance, and fees associated with using disposal facilities.

5. Disposal Fees: Paying fees to landfill and waste disposal facilities for the final disposal of non-recyclable waste.

Landfill fees are often calculated based on the weight or volume of waste disposed of.

6. Recycling Programs: Funding recycling initiatives, including curbside recycling collection, recycling education campaigns, and the operation of recycling centers, is another significant expenditure. This includes costs related to sorting, processing, and transporting recyclable materials to recycling facilities.

7. Organics Recycling: With the implementation of organic waste recycling programs, costs associated with collecting and processing organic waste, such as food scraps and yard trimmings, contribute to the expenditures.

8. Compliance and Regulatory Costs: Meeting state and federal regulations related to waste management, including reporting requirements and environmental compliance, requires funding. Expenditures associated with ensuring adherence to these regulations are essential components of the solid waste program's budget.

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9. Personnel Training and Safety: Providing training for waste management personnel and ensuring their safety through proper equipment and protocols. Safety measures are crucial to protect both the workers and the community as MRF processors, sorters, and workers are listed as the seventh most dangerous jobs in America.

10. Community Outreach and Education: Engaging in educational initiatives and outreach programs to inform residents and businesses about recycling practices, waste reduction, and proper disposal methods. This helps promote community participation and compliance with waste management guidelines.

ER’s expenditures have seen an increase over the past several years (see table below). In summary, the largest contributing expenditures to the solid waste program encompass waste collection personnel, fleet maintenance, waste transportation, disposal fees, recycling programs, organics recycling, compliance costs, personnel training, safety measures, and community outreach efforts. These expenditures are vital for ensuring efficient and environmentally responsible management of the city's solid waste.

Note: FYs 20-21 through 23-24 include revenue for payment to ER for the Infrastructure Use Fee which will end in FY 23-24. *1Forbes Advisor:https://www.forbes.com/advisor/legal/workers-comp/most-dangerous-jobs-america/

Rate Change Scenarios (Preliminary Calculations)

To provide revenue that will sustain critical operations and maintenance, debt service, and fund capital expenditures, an increase in rates is recommended. Raftelis began work on the cost of service draft rate study to develop a financial plan for the City’s solid waste utility that includes a ten-year rate model. Based upon the preliminary analysis, a rate adjustment is required to ensure full cost recovery of projected annual operating expenses, capital costs, and other factors including unfunded Local, State, and Federal mandates.

Updating the rates to keep up with the rising costs of providing safe and reliable services is a key component of maintaining the financial viability of the ER funds, including maintaining healthy fund balances/reserves for emergencies and applicable bond covenants (if/when required) and strong credit ratings. It is also more equitable since it looks at what customers should be paying based upon the level and type of service they receive.

To develop the financial plan, Raftelis estimated and projected annual expenses and revenues, existing and proposed debt service, modeled reserve balances, and added planned capital expenditures. The City is anticipating financing a portion of capital improvements through capital leases and debt. It is important to note that the draft cost of service study preliminarily calculates a net revenue loss for Fiscal Year 2023/24. Additionally, the draft cost of service study projects 214
that the structural deficit will continue in future years without an increase in rates.

Because of the projected deficit, staff has worked closely with Raftelis to develop a viable preliminary draft financial plan for the City’s solid waste fund. Due to the existing structural deficit in the ER Fund and the need for rate increases, the draft Study contemplates scenarios. The following scenarios are estimates and are not to be seen as fixed. These are being presented to show the sensitivity of the draft rate model to certain inputs and to initiate the conversation with the Committee Members/Councilmembers to provide comments and feedback.

Based on a collaborative effort among City staff and Raftelis several preliminary sensitivity runs and scenarios were identified and evaluated for comparison and discussion as follows:
o Model Sensitivity 1: No rate adjustment
o Assumes all identified funding requirements including operating, capital, and proposed capital lease and debt payments. Key assumptions include:
▪ Fiscal Year 2023/24 Served as Forecast Baseline as Adjusted for Actual Operating Results and known cost increases / operating expense growth estimated at 4.5% per year ▪ Assumes some additional collection routes to maintain regulatory compliance with SB1383 and service demands
▪ Assumes IUF repayments from the City to ER ends in FY 2023/24Assumes Resumption of IUF payments in FY 2024/25 to the City
▪ $43.7 million Reinvestment to MRF including new equipment and roof FY 2025/26-FY 2027/28
▪ Replacement of vehicles at end of life in FY 2024/25
▪ Compliance with CARB Zero Emissions Vehicle Requirements ▪ Primarily relies on use of capital leases and debt to fully fund capital expenditures o Recognizes no rate adjustments to assess the adequacy of existing fees to cover the cost of service

o Model Sensitivity 2: Rate Adjustments and No Capital Expenditures o Assumes all identified funding requirements except excludes capital spending o Helps identify the necessary rate increases which are driven by the structural deficit among revenues and operating expenses.

o Scenario 1: Rate Adjustments and Reduced Capital Expenditures o Assumes all identified funding requirements except reduces capital expenditures including minimal spending for the MRF rehabilitation and only funding 50% of projected new vehicle fleet requirements.
o Includes an allowance for rebuilding vehicles to extend the service life and minimize capital expenditures.
o Represents a moderate capital spending scenario, but doesn’t fully address capital reinvestment needs of the system

o Scenario 2: Phased Rate Adjustments and Reduced Capital Expenditures o Builds off of Scenario 1, but assumes a $5 million interfund loan to assist ER in phasing the identified rate increases over three (3) years.
o Represents a moderate capital spending scenario with phased increases.

o Scenario 3: Rate Adjustments and Full Capital Expenditures o Assumes all identified funding requirements as assumed in Model Sensitivity 1, including the full capital funding requirements.
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o Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance.

o Scenario 4: Phased Rate Adjustments and Full Capital Expenditures o Builds off of Scenario 3, but assumes a $5 million interfund loan to assist ER in phasing the identified rate increases over three (3) years.
o Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance with phased increases.

Baseline Model Assumptions

Assumes all identified funding requirements including operating, capital, and proposed capital lease and debt payments.

Key assumptions include:
o Fiscal Year 2023/24 Served as Forecast Baseline as Adjusted for Actual Operating Results and known cost increases / operating expense growth estimated at 4.5% per year o Assumes some additional collection routes to maintain regulatory compliance with SB1383 and service demands o Assumes IUF repayments from the City to ER ends in FY 2023/24 o Assumes Resumption of IUF payments in FY 2024/25 to the City o $43.7 million Reinvestment to MRF including new equipment and roof FY 2025/26-FY 2027/28 o Replacement of vehicles at end of life in FY 2024/25
o Compliance with CARB Zero Emissions Vehicle Requirements o Primarily relies on use of capital leases and debt to fully fund capital expenditures. o Recognizes no rate adjustments to assess the adequacy of existing fees to cover the cost of service

Model Sensitivity 1: No rate adjustment

The following charts present a forecast of the cashflow requirements relative to a projection of existing revenues. As can be seen, the solid green line presents the projected revenues under existing rates. A decline in revenues is observed in FY 2024/25 due to the final repayment of IUF reimbursement from the City. Conversely, IUF payments to the City are assumed to begin in the Fiscal Year 2024/25. Operating expenses represented as the blue stacked bars are projected to increase by approximately 4.5% per year on average.

Capital expenditures funded directly from revenues are reflected as the blue stacked bar for FY 2023/24. Debt service requirements are represented as the purple stacked bar and reflect the addition of both existing capital lease payments and proposed capital lease and debt service payments associated with the funding of $77.9 million in capital spending as shown below.

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Assuming no rate adjustments ER system cash balances are estimated to fall negative by the Fiscal Year 2024/25 as shown below.

Model Sensitivity 2: Rate Adjustments and No Capital Expenditures

Assumes all identified funding requirements pursuant to Model Sensitivity 1 except it excludes capital spending to help identify the necessary rate increases to address the structural deficit among revenues and operating expenses. The following charts present a forecast of the cashflow requirements relative to a projection of existing revenues. As can be seen in this scenario in contrast with Model Sensitivity 1, the forecast does not reflect any increase in debt service payments.

217

To fully fund the revenue requirements of the scenario the following rate adjustments were recognized:

Assuming implementation of the identified rate adjustments the City is expected to maintain compliance with the minimum reserve target equivalent to 25% of operating expenditures.

Scenario 1: Rate Adjustments and Reduced Capital Expenditures

Assumes all identified funding requirements pursuant to Model Sensitivity 1 except reduces capital expenditures including minimal spending for the MRF rehabilitation and only funding 50% of projected new vehicle fleet requirements. Includes an allowance for rebuilding vehicles to extend the service life and minimize capital expenditures. Represents a moderate capital spending scenario, but doesn’t fully address capital reinvestment needs of the system. As can be seen in this scenario in contrast with Model Sensitivity 1, the forecast assumes less debt service associated with more moderate capital 218
spending assumptions.

The following chart presents the total capital funding requirements assumed in this scenario. The majority of spending is assumed in the Fiscal Year 2025/26 associated with funding for the replacement of the MRF facility roof and partial equipment replacement. It is expected that the City will require further capital reinvestment to the MRF facility beyond the forecast period.

To fully fund the revenue requirements of the scenario the following rate adjustments were recognized:

Assuming implementation of the identified rate adjustments the City is expected to maintain compliance with the minimum reserve target equivalent to 25% of operating expenditures.

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Scenario 2: Phased Rate Adjustments and Reduced Capital Expenditures

Builds off of Scenario 1, but assumes a $5 million interfund loan to assist ER in phasing the identified rate increases over three (3) years. Represents a moderate capital spending scenario with phased increases. As can be seen in this scenario in contrast with Scenario 3, the forecast assumes a more moderate phase-in of the proposed system revenues.

The following rate adjustments were recognized:

Assuming implementation of the identified rate adjustments the City is expected to reach compliance with the minimum reserve target equivalent to 25% of operating expenditures, however, cash reserves are expected to be substantially depleted by the Fiscal Year 2025/26 resulting in an increased financial risk to other City funds.

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Scenario 3: Rate Adjustments and Full Capital Expenditures

Assumes all identified funding requirements as assumed in Model Sensitivity 1, including the full capital funding requirements. Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance. The following chart presents a forecast of the funding requirements consistent with Model Sensitivity 1, however also assumes additional revenue adjustments. The debt assumptions observed to fully fund the CIP assume: i) $46.5 million in 20-year loans at 5% interest for the facility capital improvements; and ii) approximately $28 million in capital leases with a 7-year repayment at 3% interest. Total debt and capital lease payments are expected to increase from approximately $2 million a year to $10 million a year at its highest level by the Fiscal Year 2027/28.

The following presents the proposed rate adjustments to fully fund the requirements of this scenario.

Assuming implementation of the identified rate adjustments the City is expected to maintain compliance with the 221
minimum reserve target equivalent to 25% of operating expenditures, however, cash reserves are expected to be substantially depleted by the Fiscal Year 2025/26 resulting in an increased financial risk to other City funds.

Scenario 4: Phased Rate Adjustments and Full Capital Expenditures

Assumes all identified funding requirements as stated in Model Sensitivity 1 and Scenario 3, including the full capital funding requirements. It only varies from Scenario 3 in that it phases the rate increase over a 3-year period through an assumed $5 million interfund loan. As can be seen in this scenario in contrast with Scenario 3, the forecast assumes a more moderate phase-in of the proposed system revenues.

The following rate adjustments were recognized:

Assuming implementation of the identified rate adjustments the City is expected to reach compliance with the minimum reserve target equivalent to 25% of operating expenditures, however, cash reserves are expected to be substantially 222
depleted by the Fiscal Year 2025/26 resulting in an increased financial risk to other City funds.

Scenario Comparisons and Key Observations:

Scenario Residential Bill Impact Comparison
As can be seen below, Scenario 1 and 3 represent the largest single rate revenue adjustments ranging from approximately $14 to $15 per month. Based on comparison Model Sensitivity 2 we can infer that 86% of the rate increase is to address the operating expenses / structural deficiency of the system. Of Scenarios 1 and 3, only Scenario 3 fully funds the total identified needs of the system.

Additionally, we performed a sensitivity with Scenarios 2 and 4, which phased in the rate increases over a three (3) year period. Scenario 2 represents the moderate capital funding at $7.55/month while Scenario 4 represents the full capital funding requirements at $8.70/month.

FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29
Model Sensitivity 1 $- $- $- $- $-
Model Sensitivity 2 $13.24 $1.54 $1.37 $1.41 $1.45
Scenario 1 $14.16 $3.15 $1.68 $1.49 $1.54
Scenario 2 $7.55 $7.55 $7.55 $1.60 $-
Scenario 3 $15.39 $3.69 $2.74 $2.63 $1.66
Scenario 4 $8.70 $8.70 $8.70 $1.71 $0.00
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Financial Assistance Programs

The City of Oxnard’s Utility Rate Assistance Program “Project Assist” is available for solid waste, water, and wastewater utility customers who qualify. This program was initially approved by City Council in May 2017 and has since been renewed annually. Project Assist grants financial relief equal to a monthly $25.00 maximum credit per utility bill charged to customers who meet the eligibility requirements. For FY 2023/24, staff requested to direct $241,500 from late penalty revenues to the Project Assist Program. The $241,500 allocation estimates that approximately 805 eligible utility customers could participate in the program for a full fiscal year.

Outreach Information

Requirements for Prop 218 and Timeline:

Proposition 218 has very strict rules that govern the revenue of the solid waste utility. Specifically:

1. An agency cannot collect revenue beyond what is necessary to provide the service.

2. Revenues derived from the charge shall not be used for any other purpose other than that for which the charge was imposed.

3. The amount of the fee may not be used for any other purpose other than that for which the change was imposed.

4. The amount of the fee may not exceed the proportional cost of service for the parcel.

5. No charge may be imposed for a service unless that service is actually used or immediately available to the owner of the property.

6. A written notice of the proposed charge shall be mailed to the record owner of each parcel at least 45 days prior to the public hearing when the agency considers all written protests against the charge.

Estimated Timeline for Proposition
224
Early January
2024
Mail Proposition 218 Notices (English & Spanish) containing the Proposed Solid Waste Rate increase to Property Owners and Ratepayers
March 4,
2023
Public Hearing for Proposed Rate

In addition to the required notification listed above, the City has created a multi-faceted outreach campaign to raise awareness of the Refuse Cost of Service draft Study, which includes two Community Meetings scheduled for Wednesday, November 15, 2023, at 6:30 p.m. at the South Oxnard Center and Wednesday, December 13, 2023, at 6:30 p.m. at the Oxnard City Council Chambers - streamed virtually via the City’s YouTube Channel.

Additionally, staff anticipates distributing a bilingual press release before the Community Meetings; running English and Spanish social media ads on Facebook and Instagram to inform residents and stakeholders; and publishing a bilingual print ad in VIDA newspaper. Paid outreach will be supplemented by including Refuse Cost of Service Study Community Meeting flyers in the neighborhood weekly packets and regularly posting on Nextdoor, Twitter, Facebook, and Instagram.

The City’s consultant, Raftelis, created an informational Rates 101 video in English and Spanish, which will be shared by staff at Community Meetings, on the City website, and via the City’s social media channels. Additionally, staff has created an ER Division video in English and Spanish, which details the operations and services provided by the division, and the economic challenges the division faces. The videos will be shared in a series of small clips on a YouTube playlist and social media channels for the community to access.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The solicitation of City Council input and feedback has no fiscal impact. Absent a rate adjustment, the draft cost of service study projects negative cash balances by FY 2024/25.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 14, 2023, to approve the staff recommendation and forward the item to the Council for input. The context of the staff report from Committee has been edited based on comments received at the November 14, 2023 meeting. In addition, the recommendation section has been updated to include comments that were received.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. City Presentation

2. Raftelis Presentation

225
MICHAEL WOLFE, P.E.

PUBLIC WORKS DIRECTOR
Solid Waste (Refuse)
Rates Discussion
City Council
December 5, 2023
226
Recommendation
2 That the City Council:

1. Provide comments and feedback on the goals, variable input, preliminary scenarios, and the process and timeline for solid waste rates; and

2. Direct staff to move forward to the next step in the rate setting process on the basis of Scenario 4.
227
Oxnard’s Environmental Resources
3 228
How Much Waste Is It?
4 229
Summary of Operations
5 230
Summary of Operations
6 231
7 Environmental Resources Capital Investments
232
Efficient Efforts
8 What we’re doing to keep costs down
233
Sample Item Cost Increase
9 234
Sample Product Cost Increase
10 235
Consumer Price Index
11 236
State Unfunded Mandates
12 237
Rate Setting - Goals
13 238
Input & Considerations
14 239
Refuse Rate History
15 240
Solid Waste Inflation
16 241
Single Family Rate
17 with CPI, IUF, & Pass Throughs
242
City Utility Comparison
18 243
ER Cash Balance Estimate
19 244
Expenditures vs Revenue
20 245

PROPOSED RATE OVERVIEW
21 • Assuming no rate adjustments, ER system cash balances are estimated to fall negative by the Fiscal Year 2024/25 as shown above
246

PROPOSED RATE OVERVIEW
22 247

PROPOSED RATE OVERVIEW
23 248

PROPOSED RATE OVERVIEW
24 249

PROPOSED RATE OVERVIEW
25 250

PROPOSED RATE OVERVIEW
26 251

PROPOSED RATE OVERVIEW
27 252
Recommendation
28 Recommended Key Rate Study Factors:

1. Rate study period: 5-years

2. Pass-Through Charge: Yes, to the extent allowed by
CA Government Code

3. CIP and Capital Outlay: Extended period

4. Reserve Fund Balance Target: Endeavor to reach
25%

5. Debt Coverage Ratio: Yes (when/as required)
253
Recommendation
29 Recommended Input is the basis of scenario 4:

1. Meet regulatory requirements

2. Phase initial increase over 3 years (rate smoothing) a. Borrow from other City funds (approx $5M)

3. Replacement of vehicles at end of life

4. Compliance with CARB Zero Emission Vehicle Requirement

5. Full Capital Improvement Program

6. Equipment upgrades for sustainable operations
Reminder - numbers are preliminary
254
Utility Bill Assistance
30 255
Proposition 218 Preliminary Timeline
31 256
QUESTIONS?
257
City of Oxnard
Environmental Resources Rate Study
City Council Presentation
December 5, 2023
Photo courtesy of Downtown Oxnard
258
2 Agenda
• Why are we discussing rate increases?
• Key Issues Facing Environmental Resources
• Key Steps Conducting a Rate Study
• Methodology
• Rates and Fee Design Overview
• Key Assumptions
• Preliminary Rate Scenarios
259
Why would the City do a solid waste rate study?
• The City’s Environmental Resources Division (Enterprise Fund) is not like other government services (Police, Fire, Libraries, Parks) that are funded by tax dollars from the General Fund
• The environmental resources enterprise (City’s Environmental Resources Division) is funded by customer rate revenue
› It’s a non-profit business
• Rates must keep up with costs to operate the City’s solid waste collection and disposal
• The last time City approved a cost-of-service study was in 2012 • Additional Key State Regulations: SB1383 Required addition of New Routes with No Change in Staffing resulting in Significant Increase in Overtime • By law (Proposition 218), rates must be based on the cost to provide solid waste service 3 260
Key Issues Facing Environmental Resources
4 Inflation
Since 2020, inflation
and expenditure
growth has outpaced
revenue growth for
the solid waste
system
Capital
Reinvestment
City has approximately
$60 million invested in
capital assets and
infrastructure much of
which is nearing end of
life. Additionally capital
costs has seen significant
increases in recent years.

Unfunded Mandates
AB 341 Mandatory Commercial
Recycling
AB 1826 Mandatory Commercial
Organics
AB 827 Mandatory Commercial
Organics & Recycling for
Business Customers
SB 1383 Short-Lived Climate
Pollutants (Organics Recycling)
261
Key Steps in Conducting a Rate Study
Measure M &
Rate Adoption
– 218
Procedures
Rate AdoptionRate DesignCost-of-
Service
Financial
Planning =
Revenue
Requirements
5 Compare
revenue with
operating costs,
capital costs,
and reserve
requirements
Identify
differences in
costs to serve
each of the
customer
classes
Consider level
and structure of
rate design for
each class of
service
Documentation,
report, review
by legal counsel
Notice to City
customers
Public Hearing
262
Methodology
Objective: Develop Financial Plan that Funds
Revenue Requirements and Achieves City’s
Financial Targets
› To develop the forecast the following was
modeled:
– Projected Annual Expenses and Revenues
– Modeled Reserve Balances
– Capital Improvement Plan
6 Gross Revenues Revenue
Requirements
Reserves
Capital
Expenses
Gate Fees /
Other Revenues
Monthly
Charges

REVENUE SUFFICIENCY
$ Surplus $ (Deficiency)
$ Balanced
263
Rates and Fees Design Overview
• Rates are defined as property based
charged which must follow state law in
design of the fees including Prop. 26
and Prop. 218
• Fees do not require following Prop.
218 but are required to follow Prop. 26
7 • Rates and Fees must follow all applicable laws and regulations including:
› Prop. 218
– An agency cannot collect revenue beyond what is necessary to provide the service.

Revenues derived by the charge shall not be used for any other purpose other than that for which the charge was imposed.
– A written notice of the proposed charge shall be mailed to the record owner of each parcel at least 45 days prior to the public hearing when the agency considers all written protests against the charge.
› Prop 26
– A fee need not bear a special benefit to the property so long as the fee bears a reasonable relationship to the burden the fee payor imposes on society 264
Residential Rates
8 265
Commercial
Rates
9 266
Industrial
Rates
10 267
Fees
Gate Fees: Del Norte $/Ton
Refuse $55.59
Green Waste $62.81
Construction & Demolition $66.92
11 Miscellaneous $/Ton
Security & Contamination $0.12
Walking Floor Transfer Trailer $385.34
Special Collection Services $35.00
Delivery Fee for Mechanical
Loading Containers $15.00
268
Factors Considered in the Rate Study
12 Inflationary assumptions
Growth and demand
O&M budget
Capital improvement plan
Existing debt and financing of future capital
Reserve targets
269
Key Assumptions: Baseline
13 Statistics
› Single Family Residential Accounts ~ 33,900
› Multi-Family and Non-Residential Accounts ~ 8,300
› Does not assume growth per California Department of Finance projections – DOF projects (0.37%) decline in population for Ventura County from 2024 - 2029 Revenue
› Residential and Commercial Monthly Rates
› Industrial Roll-Off Rates per Pick-up
› Gate Fees
› Other Revenues
Operating Expenses
› Adjustments made to FY 2024 budget based on known conditions › Assumes Infrastructure Use Fee Repayments start in FY 2025 270
Key Assumptions: Baseline
14 Capital
› Assumes replacement of MRF beginning in FY 2026
› Vehicles to be purchased starting FY 2025
– Assumes compliance with CARB regulations for electrification of vehicles starting FY 2025 Debt
› Long Term Debt assumed for Facilities
– Term: 20 years
– Interest Rate: 5%
› Capital Leases assumed for Vehicles
– Term: 7 years
– Interest Rate: 3%
271
Key Assumptions: Operating Expenses
15 › Based on 3 years historical trial balances,
financial reports, and operating agreements
› FY 2024 budget served as a baseline and was
adjusted for known conditions
– Budget Composition
• 45% Personnel
• 23% Disposal
• 12% Other Contracted & Prof Services
• 8% - Maintenance & Fuel
• 7% - Supplies & Other Expenses
Operating Expense Composition
272
Key Assumptions: Operating Expenses
16 • Operating Expenses
projected to grow 4.5%
annually
273
Key Assumptions: Inflation
17 Major changes effecting cost of service in recent
times:
› Industry has observed significant increases to cost of solid waste collection and disposal
› Rates have essentially remained unchanged for 10
years or since FY13
– FY13 Residential (96 gal) Rate - $30.15/mo
– Current Residential (96 gal) Rate - $30.78/mo
– Most recent audited financial statements reported
a $4 million net revenue loss in FY22
Consumer Price Index (red line): measure of change in price of representative basket of consumer goods by U.S. BLS
Garbage & Trash Index (green line): measure of solid waste bill increases nationally reported by U.S. BLS.

Weighted Index (blue line): measure of inflation to the primary cost inputs for solid waste service based on PPI and other indices accounting for labor 50%, capital 35%, and fuel at 15%. 274
Capital Improvement Projects (CIP)
18 • The CIP assumes long term debt (20 years) for facilities and capital leases (7- years) for vehicles and totals $77.9 million for the Forecast Period Funding Sources 2024 2025 2026 2027 2028 2029
Solid Waste Operating Fund $2,944,815 $200,000 $0 $0 $0 $0 Environmental Resources Sec &
Contamination $0 $0 $300,000 $0 $0 $0
Existing Debt Proceeds $0 $0 $0 $0 $0 $0
Proposed Debt $0 $0 $9,717,075 $20,250,000 $16,500,000 $0 Proposed Capital Lease $192,356 $13,646,037 $13,821,417 $34,137 $12,850 $231,320

Total Funding $3,137,172 $13,846,037 $23,838,492 $20,284,137 $16,512,850 $231,320 Project Type 2024 2025 2026 2027 2028 2029
Facility $2,944,815 $200,000 $9,717,075 $20,250,000 $16,500,000 $0 Equipment $192,356 $1,561,993 $598,523 $34,137 $12,850 $0 Vehicle $0 $12,084,044 $13,522,895 $0 $0 $231,320

Total Projects $3,137,172 $13,846,037 $23,838,492 $20,284,137 $16,512,850 $231,320 275
What would reserve balances look like
without rate increases? (Assume full CIP execution)
19 Operating Reserve = City endeavors to maintain 25% of the operating budget in utility funds (90 days)
276
20 Preliminary Rate
Scenarios
277
Important note about rate structure
• The Cost-of-Service analysis is underway and Raftelis is working closely with the City to provide the final rate design
• The following rate projections are not final and are subject to change as it projects the rate adjustments across the board
• The City will maintain its affordability program which offers a $25 discount to those who qualify 21 278
Rate Scenarios
• Model Sensitivity 1: No Rate Increase + Full Capital
• Model Sensitivity 2: Rate Increase + No Capital Expenditures • Scenario 1: Rate Increase + Reduced Capital
• Scenario 2: Phased Rate Increase + Reduced Capital + Interfund Loan • Scenario 3: Rate Increase + Full Capital
• Scenario 4: Phased Rate Adjustment + Full Capital + Interfund Loan 22 279
Baseline Model Assumptions
23 • Assumes all identified funding requirements including operating, capital, and proposed capital lease and debt payments.
• Key assumptions include:
› Fiscal Year 2023/24 Served as Forecast Baseline as Adjusted for Actual Operating Results and known cost increases / operating expense growth est. at 4.5% per year › Some additional collection routes to maintain regulatory compliance with SB1383 and service demands
› IUF repayments from the City to ER ends in FY23/24
› Resumption of IUF payments in FY24/25 to the City
› $43.7M Reinvestment to MRF including new equipment and roof FY25/26-FY27/28 › Replacement of vehicles at end of life in FY24/25
› Compliance with CARB Zero Emissions Vehicle Requirements › Primarily relies on use of capital leases and debt to fully fund capital expenditures. • Recognizes no rate adjustments to assess the adequacy of existing fees to cover the cost of service
280
Model Sensitivity 1: No Rate Increase +
Full Capital
24 • Assuming no rate adjustments ER cash balances are estimated to fall negative in Fiscal Year 2025
281
Model Sensitivity 2: Rate Adjustments &
No Capital
25 • Assumes all identified funding requirements except excludes capital spending
• Helps identify the necessary rate increases which are driven by the structural deficit among revenues and operating expenses.

Current 2025 2026 2027 2028 2029
Rate Adjustments - All Customers 43.00% 3.50% 3.00% 3.00% 3.00% 96 Gallon Residential $30.78 $44.02 $45.56 $46.93 $48.34 $49.79 Monthly Increase $13.24 $1.54 $1.37 $1.41 $1.45
64 Gallon Residential $24.70 $35.32 $36.56 $37.66 $38.79 $39.95 Monthly Increase $10.62 $1.24 $1.10 $1.13 $1.16
4 Cubic Yard - 1 x week Commercial $230.86 $330.13 $341.68 $351.93 $362.49 $373.36 Monthly Increase $99.27 $11.55 $10.25 $10.56 $10.87

282
Model Sensitivity 2: Rate Adjustments &
No Capital
26 • Assuming no capital with the previously identified rate adjustments the City is expected to meet compliance with reserve targets by FY28/29 283
Scenario 1: Rate Adjustments & Reduced
Capital
27 • Assumes all identified funding requirements except reduces capital expenditures including minimal spending for the MRF rehabilitation and only funding 50% of projected new vehicle fleet requirements.
• Includes an allowance for rebuilding vehicles to extend the service life and minimize capital expenditures.
• Represents a moderate capital spending scenario but doesn’t fully address capital reinvestment needs of the system.

Current 2025 2026 2027 2028 2029
Rate Adjustments - All Customers 46.00% 7.00% 3.50% 3.00% 3.00% 96 Gallon Residential $30.78 $44.94 $48.09 $49.77 $51.26 $52.80 Monthly Increase $14.16 $3.15 $1.68 $1.49 $1.54
64 Gallon Residential $24.70 $36.06 $38.58 $39.93 $41.13 $42.36 Monthly Increase $11.36 $2.52 $1.35 $1.20 $1.23
4 Cubic Yard - 1 x week Commercial $230.86 $337.06 $360.65 $373.27 $384.47 $396.00 Monthly Increase $106.20 $23.59 $12.62 $11.20 $11.53

284
Scenario 1: Rate Adjustments & Reduced
Capital
28 285
Scenario 2: Phased Rate Adjustments and
Reduced Capital Expenditures
29 • Builds off of the Baseline Model but assumes a $5m interfund loan to assist ER in phasing the identified rate increases over three (3) years. • Represents a moderate capital spending scenario with phased increases.

Current 2025 2026 2027 2028 2029
Rate Adjustments - All Customers 24.53% 19.70% 16.46% 3.00% 0.00% 96 Gallon Residential $30.78 $38.33 $45.88 $53.43 $55.03 $55.03 Monthly Increase $7.55 $7.55 $7.55 $1.60 $0.00
64 Gallon Residential $24.70 $30.76 $36.82 $42.88 $44.17 $44.17 Monthly Increase $6.06 $6.06 $6.06 $1.29 $0.00
4 Cubic Yard - 1 x week Commercial $230.86 $287.49 $344.12 $400.75 $412.77 $412.77 Monthly Increase $56.63 $56.63 $56.63 $12.02 $0.00

286
Scenario 2: Phased Rate Adjustments and
Reduced Capital Expenditures
30 287
Scenario 3: Rate Adjustments and Full
Capital Expenditures
31 • Assumes all identified funding requirements as assumed in Baseline Model, including the full capital funding requirements. • Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance.

Current 2025 2026 2027 2028 2029
Rate Adjustments - All Customers 50.00% 8.00% 5.50% 5.00% 3.00% 96 Gallon Residential $30.78 $46.17 $49.86 $52.60 $55.23 $56.89 Monthly Increase $15.39 $3.69 $2.74 $2.63 $1.66
64 Gallon Residential $24.70 $37.05 $40.01 $42.21 $44.32 $45.65 Monthly Increase $12.35 $2.96 $2.20 $2.11 $1.33
4 Cubic Yard - 1 x week Commercial $230.86 $346.29 $373.99 $394.56 $414.29 $426.72 Monthly Increase $115.43 $27.70 $20.57 $19.73 $12.43

288
Scenario 3: Rate Adjustments and Full
Capital Expenditures
32 289
Scenario 4: Phased Rate Adjustments and
Full Capital Expenditures
33 • Assumes all identified funding requirements as assumed in the Baseline Model including the full capital funding requirements.
› Assumes a $5m interfund loan to assist ER in phasing the identified rate increases over three (3) years. • Represents necessary rate adjustments to fund a fiscally sustainable operation and maintain regulatory compliance.

Current 2025 2026 2027 2028 2029
Rate Adjustments - All Customers 28.27% 22.04% 18.06% 3.00% 0.00% 96 Gallon Residential $30.78 $39.48 $48.18 $56.88 $58.59 $58.59 Monthly Increase $8.70 $8.70 $8.70 $1.71 $0.00
64 Gallon Residential $24.70 $31.68 $38.66 $45.64 $47.01 $47.01 Monthly Increase $6.98 $6.98 $6.98 $1.37 $0.00
4 Cubic Yard - 1 x week Commercial $230.86 $296.11 $361.36 $426.61 $439.41 $439.41 Monthly Increase $65.25 $65.25 $65.25 $12.80 $0.00

290
Scenario 4: Phased Rate Adjustments and
Full Capital Expenditures
34 291
Scenario Summary and Comparison
• Scenario 1 and 3 demonstrate the
sensitivity among a partial and fully
funded capital needs
› FY24/25 Bill Impacts Est. to
Range from $14-$15 a month
• Scenarios 2 and 4 present a phase
in approach of Scenarios 1 and 3
respectively
› FY24/25 – FY26/27 increases
range from $7.55 / month to $8.70
/ month
35 292
Scenario Summary and Comparison
36 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29
Model Sensitivity 1: No Rate Increase +
Full Capital 0.0% 0.0% 0.0% 0.0% 0.0%
Model Sensitivity 2: Rate Increase + No
Capital Expenditures 43.0% 3.5% 3.0% 3.0% 3.0%
Scenario 1: Rate Increase + Reduced
Capital 46.0% 7.0% 3.5% 3.0% 3.0%
Scenario 2: Phased Rate Increase +
Reduced Capital + Interfund Loan 24.5% 19.7% 16.5% 3.0% 0.0% Scenario 3: Rate Increase + Full Capital 50.0% 8.0% 5.5% 5.0% 3.0% Scenario 4: Phased Rate Increase +
Full Capital + Interfund Loan 28.3% 22.0% 18.1% 3.0% 0.0% 293
37 Thank you!
294
38 End of
Presentation
295

Oxnard City CouncilDecember 5, 2023

Oxnard City Council
December 5, 2023