Agenda packet — Oxnard City Council, September 17, 2024 (part 7 of 7)

Health (NIOSH) promote standards and regulations to protect the hearing of people exposed to high levels of industrial noise.

Speech Interference. Another common problem associated with noise is speech interference. In addition to the obvious issues that may arise from misunderstandings, speech interference also leads to problems with concentration fatigue, irritation, decreased working capacity, and automatic stress reactions. For complete speech intelligibility, the sound level of the speech should be 15 to 18 dBA higher than the background noise. Typical indoor speech levels are 45 to 50 dBA at 1 meter, so any noise above 30 dBA begins to interfere with speech intelligibility. The common reaction to higher background noise levels is to raise one’s voice. If this is required persistently for long periods of time, stress reactions and irritation will likely result.

Sleep Disturbance. Noise can disturb sleep by making it more difficult to fall asleep, by waking someone after they are asleep, or by altering their sleep stage, e.g., reducing the amount of rapid eye movement (REM) sleep. Noise exposure for people who are sleeping has also been linked to increased blood pressure, increased heart rate, increase in body movements, and other physiological effects. Not surprisingly, people whose sleep is disturbed by noise often experience secondary effects such as increased fatigue, depressed mood, and decreased work performance.

Cardiovascular and Physiological Effects. Human’s bodily reactions to noise are rooted in the “fight or flight” response that evolved when many noises signaled imminent danger. These include increased blood pressure, elevated heart rate, and vasoconstriction. Prolonged exposure to acute noises can result in permanent effects such as hypertension and heart disease.

Impaired Cognitive Performance. Studies have established that noise exposure impairs people’s abilities to perform complex tasks (tasks that require attention to detail or analytical processes) and it makes reading, paying attention, solving problems, and memorizing more difficult. This is why there are standards for classroom background noise levels and why offices and libraries are designed to provide quiet work environments.

Construction Noise Threshold is Misinterpreted
The Noise Memo in Appendix I errs by using the Federal Transit Administration (FTA) detailed assessment methodology with the contradictory and less stringent general assessment threshold.

Appendix I states on page 11 that “a construction-related noise level threshold is adopted from the FTA Construction Noise Handbook for General Assessment Construction Noise Criteria” and that “The construction noise criteria threshold for residential uses is 90 dBA (Leq-1hour) during the daytime.” This is correctly cited from the manual.

Additionally, on Page 15, the Noise Appendix states that in order to “calculate construction noise levels, hourly activity or utilization factors … are estimated based on the temporal characteristics of other previous and current construction projects.” These values are then given as an input in Table 6, which affects the construction noise source level used in the model (and thus the final modeled construction noise level).
1035

WILSON IHRIG
Lockwood III Apartments
Comment on Noise Analysis

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However, it should be noted that the FTA advises assuming a usage factor of 1 when using a general assessment in the Transit Noise and Vibration Impact Assessment Manual.2 The same document notes that usage factors are only utilized in the detailed assessment. Included usage factors in a general assessment underestimates noise by as much as 7 decibels for pieces of equipment that are used in the analysis, such as cranes. This difference is baked into the different criteria. The general assessment will almost always have higher levels than the detailed assessment since there is no usage factor adjustment, and thus has a higher criterion of 90 dBA. The detailed assessment is the inverse; typically lower modeled construction noise levels with a lower criterion of 80 dBA. The document's approach of using FTA general assessment criteria while incorporating usage factors significantly underestimates the potential impact of construction noise, especially since the modeled noise for the Site Preparation and Grading phases are 7 dBA over the 80 dBA threshold. This error should be fixed in an updated EIR, with more attention paid to consistency different construction noise modeling methodologies and thresholds.

On-Site Operational Noise Analysis is Incomplete
The Noise Analysis does not study impacts generated by noise produced by this project on nearby receivers. As such, it’s possible the rooftop mechanical equipment, among other things, would raise nearby ambient levels over impact thresholds. This is especially a concern at night since HVAC systems can run at any hour.

There are no calculations nor any evidence provided that demonstrates mechanical equipment used in the Project will not be potentially significant at nearby sensitive receivers. Typical noise levels associated with mechanical equipment can be placed in a noise model with distance attenuation and project geometry to determine if there is an impact that would require mitigation. To confirm a less than significant impact, the Project Applicant should demonstrate in an Environmental Impact Report that the level generated by these sources is below reasonable significance thresholds.

The Potential for Building Damage Caused by Construction Vibration is Not Studied Table 8 presents modeled construction vibration annoyance levels along with associated thresholds for applicable sensitive receivers. The FTA guidance manual states on Page 182 that “Buildings founded on the soil near the construction site [can] respond to these [construction] vibrations with … slight damage at the highest [vibration] levels.” As such, it is imperative that all nearby sensitive receivers are analyzed for construction vibration damage to nearby structures, as such levels are within the realm of possibility. This should be included in an Environmental Impact Report.

Off-Site Operational Noise Analysis is Incomplete
Table 9 in the Noise Analysis presents Existing Plus Project Noise Levels with and without the project traffic and compares this difference to significance thresholds. However, the analysis only considers Rice Avene, Gonzales Road, and Rose Avenue. This means that potential traffic noise increases on Lockwood Ave and Outlet Center Drive are not considered.

This is particularly egregious for Lockwood Street, which is the main access road in and out of the site. Current traffic levels are presumably low, and even slight increases may double traffic, which 2 https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-andvibration-impact-assessment-manual-fta-report-no-0123_0.pdf page 177 1036

WILSON IHRIG
Lockwood III Apartments
Comment on Noise Analysis

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could increase noise levels by 3 dBA3. As such, there is a potential for significant impacts, and the issue should be studied in an Environmental Impact Report.

Conclusion
The IS/MND includes several errors, including an improper interpretation of construction noise guidelines, and little to no analysis on rooftop mechanical noise, construction vibration damage to buildings, and off-site noise on Lockwood Ave and Outlet Center Drive. These error and omissions should be corrected in a revised IS/MND or in and Environmental Impact Report.

Please feel free to contact me with any questions on this information.

Very truly yours,

WILSON IHRIG
John Meighan
Associate
lockwood 3 apartments mnd - comments on noise analysis - j meighan.docx 3 Since 3dBA represents a doubling of sound energy https://www.nps.gov/subjects/sound/mapfaq.htm 1037

JACK MEIGHAN
Associate
Jack joined Wilson Ihrig in 2021 and works out of our Los Angeles office.

He is an experienced acoustical engineer with expertise in projects involving rail transit systems, highways, CEQA analysis, environmental noise reduction, mechanical drawing reviews, and construction noise and vibration mitigation. He has hands-on experience with project management, including client coordination and presentations, as well as in designing, developing, and testing MATLAB code used in acoustics applications. His expertise includes field measurements, developing test plans and specifying, purchasing, setting up and repairing acoustic measurement equipment. He has experience in using Traffic Noise Model (TNM), CadnaA, EASE, Visual Basic, LabView, and CAD software.

Education
• B.S. in Mechanical Engineering, University of Southern California, Los Angeles, CA Project Experience
LA Metro Regional Connector, Los Angeles CA
Planned, took, and processed measurements as part of a team to determine the effectiveness of floating slab trackwork for a new subway in downtown Los Angeles that travels below the Walt Disney Concert Hall and the Colburn School of Music.

Rodeo Credit Enterprise CEQA Analysis for New Construction, Palmdale, CA Wrote an accepted proposal and executed it for a noise study project to determine noise mitigation requirements on a new housing development. Led all aspects of the project and managed the budget during all phases of project completion. Completed five separate projects of this type for this company.

Blackhall Studios, Santa Clarita, CA
Led the vibration measurement effort for a new soundstage directly adjacent to an existing freight and commuter rail line. Tested equipment, processed data, and analyzed results to determine the vibration propagation through the soil to the proposed soundstage locations, and was part of the team that developed mitigation techniques for the office spaces directly next to the rail line.

Octavia Residential Condos CEQA Study, San Francisco, CA Calculated the STC ratings for the proposed windows to meet Title 24 requirements, modeled the acoustic performance of floor and ceiling structures, researched noise codes, helped with a mechanical design review, and wrote a report summarizing the results for a new Condominium project being developed in San Francisco.

ARRIVE San Diego Airport Terminal 1 Replacement, CA
Conducted interior noise and vibration measurements, analyzed measurement data to help determine project criteria, modeled the existing and future terminals in CadnaA, and was part of a team that did a complete HVAC analysis of the entire terminal, as part of a CEQA analysis where a new terminal for the airport is being designed.

Five Points Apartments Noise Study, Whittier, CA
1038

WILSON IHRIG
Jack Meighan – Page 2
*Work done prior to working for Wilson Ihrig
Conducted measurements, researched sound data and solutions, and recommended mitigation for a new apartment complex that was located next to an existing car wash, as part of a CEQA review.

USC Ellison Vibration Survey, Los Angeles, CA
Conducted vibration measurements as part of a survey to determine the effectiveness of vibration isolation platforms that are used to insulate cell growth in a cancer research facility. Determined the effectiveness and presented this information to the client. Researched and recommended a permanent monitoring system so the client could view data in real time.

TEN50 Condos Noise Investigation, Los Angeles, CA
Was part of a team that investigated the noise source of an unwanted popping noise in luxury condominiums in Downtown Los Angeles. Helped isolate the noise source location with accelerometers to determine where vibrations were occurring first and used an acoustic camera to determine where in the condo the noise was coming from. 2000 University Mixed-Use Building, Berkely, CA
Wrote a construction noise monitoring plan based on environmental noise calculations, as required by CEQA, wrote a report summarizing the results, and attended a client meeting to discuss options.

Bay Area Rapid Transit (BART) On-Track, CA, San Francisco Bay Area, CA* Day to day project manager, responsible for meetings, presentations, and coordination with the client for an ongoing noise study on the BART system. Developed MATLAB code to process measurements and determine areas where high corrugation was present, contributing to excessively high in-car noise levels. Performed noise measurements inside both the right of way and the vehicle cabin, in addition to rail corrugation measurements.

California I-605/SR-60 Interchange Improvement, Los Angeles, CA* Developed a noise model of the area that predicted sound levels for abatement design, in addition to conducting noise measurements and analysis. Led the Team in use of the FHWA Traffic Noise Model Software for the project, involving three major highways and two busy interchanges extending over 17 miles in southern California.

Sound Transit On-Track, Seattle, WA*
Took measurements, fixed equipment, and developed software in MATLAB to process Corrugation Analysis Trolley measurements as part of an ongoing noise study on the Sound Transit Link system.

Tested vibration data to determine the best measurement and processing techniques to store the data in an online database for in-car measurements.

LA Metro CRRC Railcar Testing, Los Angeles, CA*
Led the effort to plan the measurements, determine measurement locations and finalize the test plan. Formulated a method to capture speed data directly from legacy train vehicles. Executed noise and vibration specification measurements for new rail cars delivered by CRRC.

City of Los Angeles, Pershing Square Station Rehabilitation Noise Monitoring, CA* Built noise models, wrote a construction noise plan, and assisted in on-site construction noise issues as they arose for a renovation of the Pershing Square metro station in downtown Los 1039

WILSON IHRIG
Jack Meighan – Page 3
*Work done prior to working for Wilson Ihrig
Angeles. Trained construction personnel in techniques for noise reduction and how to conduct noise monitoring measurements to meet project specifications.

City of Orange Metrolink Parking Garage Construction Monitoring, CA* Wrote an adaptive management vibration monitoring plan, set up equipment to monitor live vibration levels, and generated weekly reports as part of an effort to build a new parking garage.

Designed, planned, and completed measurements to predict and mitigate pile driving construction impacts at three historic building locations adjacent to the construction site. Coordinated with the client whenever an on-site problem arose.

LA Metro Westside Subway Construction, Los Angeles, CA* Planned, organized, and processed noise measurements for the Purple Line extension construction.

Implemented both long term microphones to measure noise levels and accelerometers to measure vibration levels in existing subway tunnels. Oversaw noise monitoring at sensitive construction sites for the project and worked with the contractor to find ways to reduce construction noise levels by approximately 10dB.

Montreal Réseau Express Métropolitain, Canada*
Conducted vibration propagation measurements used to create models to predict operational vibration levels for an under-construction transit line. Managed equipment, solved problems in the field, and wrote parts of the report summarizing the findings of the acoustic study.

NCHRP Research Report 882 & 886, Multiple Locations (Dayton and Columbus, OH) Took on-highway measurements and wrote, designed, developed, and tested MATLAB code to identify specific spectrograms to use for analyses for a project evaluating barrier reflected highway traffic noise differences in the presence of a single absorptive or reflective noise barrier.

Siemens Railcar Testing for Sound Transit, Seattle, WA* Measured in-car noise and vibration for new rail cars delivered by Siemens. Developed new internal techniques for measurements based on the written specifications. Contributed to the team that helped identify issues that new cars had in meeting the Sound Transit specifications for noise and vibration. Participated in developing the test plan and specified then acquired new equipment for the measurement.

Toronto/Ontario Eglinton Crosstown Light Rail, Final Design, Canada* Assisted in vibration propagation measurements, analysis, and recommendations for mitigation for a 12-mile light-rail line both on and under Eglinton Avenue. Set up and ran equipment for at-grade measurements with an impact hammer for underground measurements with an impact load cell that was used during pre-construction borehole drilling. 1040
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION 24-01 TO ALLOW FOR THE CONSTRUCTION OF A NEW FIVE-STORY, 234-UNIT, MIXED-INCOME, MULTI-FAMILY

APARTMENT BUILDING AND RELATED IMPROVEMENTS LOCATED ON
THE EXISTING, VACANT 5.17-ACRE PROPERTY AT 2151 LOCKWOOD STREET (APN: 213-0-090-275). FILED BY MARK ROSS – MANAGER, SVM DEVELOPMENT, 1534 MOORPARK ROAD #337, THOUSAND OAKS,
CALIFORNIA 91360 (THE “APPLICANT”) ON BEHALF OF SUNBELT ENTERPRISES, LLC, 5715 MESMER AVENUE, LOS ANGELES, CALIFORNIA 90230 (THE “PROPERTY OWNER”).

WHEREAS, on November 2, 2022, Mark Ross (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 22-500-04 (Special Use Permit), Planning and Zoning Permit No. 22-535-03 (Density Bonus), and Planning and Zoning Permit No. 22-570-01 (Zone Change), to allow for the construction of a new five-story, 234-unit, mixed-income, multi-family apartment building and related improvements located on the existing, vacant 5.17-acre property at 2151 Lockwood Street (“the Project”). The Special Use Permit allows for the development of mixed-income housing on the property; the Zone Change adopts the Affordable Housing Discretionary (-AHD) Additive Zone; and the Density Bonus Permit allows the project to exceed the base unit density; and
WHEREAS, the City is the lead agency for purposes of the project pursuant to Public Resources Code section 21067; and
WHEREAS, the City determined that the Project and its associated actions are subject to the environmental review requirements of the California Environmental Quality Act (“CEQA”); and
Whereas, the Development Advisory Committee (DAC) reviewed the plans on December 14, 2022, and March 1, 2023, and provided conditions of approval for the project that are incorporated within the recommended permits; and
WHEREAS, Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, the Planning Division has prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA, including, without limitation CEQA Guidelines Sections 15070, 15071, 15072, and 15073, which have been incorporated as conditions; and
WHEREAS, a Notice of Intent to Adopt an Initial Study and Draft Mitigated Negative Declaration (IS/MND) for the Project was published and posted on March 18, 2024, at the State Office of Planning and Research (OPR) website and at the Ventura County Recorder’s Office pursuant to CEQA Guidelines Sections 15072 and 15073; and WHEREAS, the public comment period on the Draft IS/MND ran for thirty (30) days commencing on March 18, 2024 and ending on April 17, 2024; and WHEREAS, after the close of the comment period on the IS/MND, the IS/MND was 1041
Resolution No. ________
City Council Hearing Date: September 17, 2024

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modified as set forth in Chapter 4 of the Response to Comment document; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City has prepared Final IS/MND 24-01 containing all comments received on the Draft IS/MND 24-01, written responses to all substantive comments, and necessary changes to the text of the Draft IS/MND 24-01; and WHEREAS, on August 1, 2024, the Planning Commission of the City of Oxnard conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the Final IS/MND 24-01 and made a recommendation to City Council; and WHEREAS, on September 17, 2024, the City Council of the City of Oxnard conducted a duly noticed public hearing, and received and reviewed all written and oral evidence related to the Final IS/MND 24-01; and
WHEREAS, the City Council has carefully reviewed Planning Commission Resolution No. 2024-18 recommending approval of IS/MND 24-01 for the subject project; and WHEREAS, the City Council finds after due study and deliberation that the public interest and general welfare require the adoption of the Final IS/MND 24-01; and WHEREAS, the comments of the Councilmembers, agencies, interested groups, and members of the public have received adequate responses.

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:

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

SECTION 2. The Final IS/MND has been completed in compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 – 21189).

SECTION 3. The Final IS/MND was presented to the City Council, which, at a hearing before the public, reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration prior to taking action regarding the Project and its associated development entitlements.

SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council Staff Report and all attachments thereto, the City Council finds pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final IS/MND 24-01 prepared for the Project. The Final IS/MND 24-01 is an accurate and complete statement of the potential environmental impacts of the project. The Final IS/MND 24-01 was prepared under the direction of the City of Oxnard Planning Division and reflects its 1042
Resolution No. ________
City Council Hearing Date: September 17, 2024

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independent judgment and analysis of the environmental impacts.

SECTION 5. The City Council hereby adopts of the Final IS/MND 24-01, set forth attached hereto and incorporated herein by reference, and based thereon and on the Record as a whole, the City Council hereby finds that all potentially significant environmental effects of the Project its associated development entitlement actions have been reduced to a less-than-significant level in that all significant environmental effects have been eliminated or substantially lessened as set forth in the IS-MND. Based upon the foregoing, the City Council determines that the Project and its associated actions will not have a significant effect upon the environment.

SECTION 6. The City Council hereby adopts of the mitigation measures set forth in the Final IS/MND 24-01 and its accompanying Mitigation, Monitoring, and Reporting Program (“MMRP”), pursuant to Public Resources Code Section 21081.6, which is a program design to ensure compliance with the mitigation measures imposed to avoid or substantially lessen the significant effects identified in the Mitigated Negative Declaration/Initial Study and said mitigation measures are described in the MMRP included therein and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oxnard hereby adopts an Final IS/MND 24-01, attached to the staff report and incorporated by reference.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
1043
Resolution No. ________
City Council Hearing Date: September 17, 2024

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Stephen M. Fischer, City Attorney
1044
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

UPHOLDING PLANNING COMMISSION APPROVAL OF PLANNING AND
ZONING PERMIT NO. 22-500-04 (SPECIAL USE PERMIT) AND 22-535-03 (DENSITY BONUS) TO ALLOW FOR THE CONSTRUCTION OF A NEW
FIVE-STORY, 234-UNIT, MIXED-INCOME, MULTI-FAMILY APARTMENT

BUILDING AND RELATED IMPROVEMENTS AND TO AUTHORIZE A
MINISTERIAL DENSITY BONUS ON THE EXISTING, VACANT 5.17-ACRE PROPERTY AT 2151 LOCKWOOD STREET (APN: 213-0-090-275). FILED BY MARK ROSS – MANAGER, SVM DEVELOPMENT, 1534 MOORPARK
ROAD #337, THOUSAND OAKS, CALIFORNIA 91360 (THE “APPLICANT”) ON BEHALF OF SUNBELT ENTERPRISES, LLC, 5715 MESMER AVENUE, LOS ANGELES, CALIFORNIA 90230 (THE “PROPERTY OWNER”).

WHEREAS, on November 2, 2022, Mark Ross (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 22-570-01 (Zone Change), Special Use Permit (PZ 22-500-04), and Planning and Zoning Permit No. 22-535-03 (Density Bonus); and
WHEREAS, if the aforementioned entitlement applications are collectively approved by the City of Oxnard, the project would be permitted to develop a new five-story, 234-unit, mixed-income, multi-family apartment building and related improvements located on the existing, vacant 5.17-acre property at 2151 Lockwood Street (APN: 213-0-090-275) (“Project”); and
WHEREAS, the City of Oxnard as the Lead Agency, has prepared Final IS/MND 24-01 in accordance with the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines; and
WHEREAS, pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, the Planning Division has prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA, including, without limitation CEQA Guidelines Sections 15070, 15071, 15072, and 15073, which have been incorporated as conditions; and WHEREAS, a Notice of Intent to Adopt an Initial Study and Draft Mitigated Negative Declaration (IS/MND) (MND 24-01) for the Project was published and posted on March 18, 2024, at the State Office of Planning and Research (OPR) website and at the Ventura County Recorder’s Office pursuant to CEQA Guidelines Sections 15072 and 15073; and 1045
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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WHEREAS, in accordance with the California Environmental Quality Act, the Planning Commission considered the proposed Final IS/MND 24-01 before making its recommendation, on the basis of the whole record before it found, there is no substantial evidence that the project will have a significant effect on the environment, and recommends that the City Council adopt the Final IS/MND 24-01; and
WHEREAS, the Planning Commission is concurrently recommending the City Council approve a Zone Change requests to amend the City’s Zoning Ordinance Map to change the zoning of the subject project site from Business Research Park (BRP) to Business Research Park - Affordable Housing Discretionary (BRP-AHD); and
WHEREAS, on August 1, 2024, the Planning Commission conducted a duly noticed public hearing to consider the Applicant’s request to approve Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Density Bonus Permit (22-535-03) for the construction of a new five-story, 234-unit, mixed-income, multi-family apartment building and related improvements, in accordance with Sections 16-530 through 16-553 (Special Use Permit) of the Oxnard City Code and to allow for a parking modification to allow for 1) a parking modification to allow for 75 of the parking spaces to be compact parking spaces in accordance with Section 16-651 of the OCC; and
WHEREAS, Sections 16-531, 16-410F, and 16-651 of the Oxnard City Code authorizes the Planning Commission to approve a Special Use Permit, Density Bonus Permit, and relief from parking requirements, respectively; and
WHEREAS, as a result of the request, the project shall be conditioned to enter into an agreement and record a restriction, requiring that a minimum of 24% of the residential units be

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1046
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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affordable at the low-income level in compliance with Section 65915 for a period of at least 55 years.

WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, that the project meets the criteria set out in the City’s Affordable Housing -AHD Additive Zones (Division 7C, OCC Section 16-420); and
WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, that the project meets the criteria set out in California Government Code § 65915 to § 65918 and to the City’s Density Bonus and Related Incentives and Concessions Program (Division 7A, OCC Section 16-410A to 16-410V, inclusive); and WHEREAS, the Planning Commission found that the Project meets all necessary criteria of OCC Section 16-420, 16-410, and Government Code Section 65915 to be considered eligible for the requested concessions and waviers; and
WHEREAS, the Planning Commission found that the concessions and waivers are not contrary to any federal, state or local law; and
WHEREAS, the Project has been reviewed by the Development Advisory Committee (DAC) and the DAC has prepared conditions of approval that are incorporated within the recommended permits; and
WHEREAS, the Planning Commission found that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the Planning Commission Staff Report; and
WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, that the project meets the criteria set out in the City’s Affordable Housing -AHD Additive Zones (Division 7C, OCC Section 16-420); and
WHEREAS, the comments of the Planning Commissioners, members of the public, and interested groups and agencies have been adequately responded to; and WHEREAS, the Planning Commission found after due study and deliberation that it is a reasonable exercise of the City’s police powers to condition the project to ensure the continued health, safety, and welfare of the public by providing housing opportunities inclusive of affordable housing units for the residents of the City of Oxnard; and WHEREAS, the Special Use Permit and Density Bonus are consistent with the policies and directives in the 2030 General Plan and Zoning Ordinance to allow development to those areas that can be served by existing or planned utilities, transportation, and service systems; and WHEREAS, the Planning Commission found that the Applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of

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1047
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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the citizenry in general and the persons who work, visit or live in this development in particular; and
WHEREAS, the Commission considered Final IS/MND 24-01 prior to taking action on the Project; and
WHEREAS, the Planning Commission found that the Project conforms to the City of Oxnard 2030 General Plan elements thereof, and the Oxnard City Code for the reasons set forth in the Planning Commission Staff Report, subject to City Council approval of the Zone Change (PZ 22-570-01); and
WHEREAS, the Planning Commission found after due study and deliberation that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular.

WHEREAS, on August 1, 2024, the Planning Commission voted 4-0 (with three Commissioners absent), to adopt Resolution No. 2024-20 to approve the Project; and WHEREAS, Appellant has appealed the Planning Commissions approval of Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and associated Density Bonus (PZ 22-535-03) to the City Council; and
WHEREAS, on September 17, 2024, the City Council conducted a duly noticed public hearing to consider the Appellant’s Appeal of the Planning Commission’s decision to approve Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and associated Density Bonus (PZ 22-535-03) in accordance with Oxnard City Code Sections 16-530 through 16-553 of the Oxnard City Code; and
WHEREAS, the City Council finds that the Project conforms to the City of Oxnard 2030 General Plan elements thereof and the Oxnard City Code for the reasons set forth in the City Council Staff Report; and
WHEREAS, pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, the Planning Division has prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA, including, without limitation CEQA Guidelines Sections 15070, 15071, 15072, and 15073, which have been incorporated as conditions; and WHEREAS, the City Council has held a public hearing at which it received and

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1048
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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considered oral and written testimony on Final IS/MND 24-01 for the proposed project, the IS/MND documents are incorporated by reference in this resolution; and WHEREAS, on September 17, 2024, the City Council reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and City Council, as well as other pertinent information and appeal; and
WHEREAS, the City Council finds that the Applicant agrees as a condition of this Resolution that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this Resolution or any actions or proceedings, acts or determinations taken, done or made before the approval of this resolution that were part of the approval process.

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

SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the Staff Report and all attachments thereto, pursuant to Section 16-531 of the Oxnard City Code, the Planning Commission finds with respect to the Special Use Permit:

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

As described in the Staff Report, development of mixed-income multi-family housing on the existing, underutilized site located in a transitional industrial zone is consistent with General Plan goals and policies, which promote increasing the City’s housing supply, locating new housing near transportation routes, expanding the property tax base, and improving the urban environment.

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

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The project proposes to construct the third phase of a new multi-family housing development. The previously approved two phases are currently under construction near the subject project site. The area also contains commercial and service uses.

The proposed project, including uses and structures, is in alignment with the neighboring uses, buildings, and structures, and therefore will not adversely affect or be materially detrimental to such uses, buildings, or structure, nor to the public health, safety and general welfare.

3. The site that is subject to the special use permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by Section 16-532.

The size and shape of the project site allows for the development of yards, walls, fences, parking, courtyards, terraces, recreational facilities, storage, and utilities, as required by the project. Proposed exceptions to front yard setback, building height, interior yard space, balcony size, landscape planter size, and first-story residential space reflect the specific requirements of the mixed income, multi-family residential development project. Given these circumstances, the site for the proposed use is adequate in size and shape.

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

As described in the Staff Report, the project will be accessed via two driveways taking access from Lockwood Street to the south. The site will be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic the proposed project is anticipated to generate.

5. The site that is subject to the special use permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.

As a condition of approval for the special use permit, the applicant shall be required to construct a new, upgraded sewer line along Lockwood Street, which is necessary to provide adequate service to meet the cumulative needs of the subject project as well as other previously approved residential projects in the vicinity of the subject project.

The new, upgraded sewer line shall be required to meet City specifications. The applicant shall also be required to construct a new sewer connection to the proposed project. In addition, the project will construct on-site storm drainage facilities. Other existing services are adequate to provide for the proposed project.

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Division 7C. Affordable Housing -AHP and -AHD Additive Zones Findings (Oxnard City Code Section 16-420L- Findings)

6. Community-level environmental review as defined in the California Public Resources Code, Section 21159.20, has been adopted or certified, and the development consistent with the project evaluated in the environmental document, or the development is otherwise exempt from the California Environmental Quality Act.

Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with the requirements of CEQA (Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The IS/MND identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas. The IS/MND (State Clearinghouse No. 2024030528) was available for public review from March 18, 2024, to April 17, 2024. The City of Oxnard received comment letters on the IS/MND from agencies, organizations, and interested parties. The written comments and responses to each of those comments received during the public review period of the Administrative Draft of the IS/MND are included in the Final IS/MND.

The IS/MND did not identify any potentially significant and unavoidable impacts (impacts that cannot be reduced to a less than significant level). The IS/MND identifies Less than significant impacts with mitigation incorporated (impacts that can be reduced to a less than significant level with mitigation measures) and less than significant impacts (impacts that do not require mitigation measures because the proposed project will not have a significant impact). The IS/MND concludes that after implementation of standard conditions and mitigation measures, all less than significant impacts associated with the proposed project would be reduced to less than significant levels. The IS/MND includes a Mitigation Monitoring and Reporting Program (MMRP) that details the process to implement the required mitigation measures.

Therefore, staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the Final IS/MND has been completed in compliance with CEQA; that the Final IS/MND was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the Final IS/MND prior to approving the project; and that the Final IS/MND reflects the lead agency‘s independent judgment and analysis.

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7. The development and other projects approved prior to the approval of the development can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.

The new, upgraded sewer line shall be required to meet City specifications. The applicant shall also be required to construct a new sewer connection to the proposed project.

8. The development does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code.

The project site is not known to contain any existing or potential historical, cultural, or paleontological resources. Recommended conditions of approval/mitigation measures for the proposed project require monitoring during construction, and appropriate consultation and disposition of any potential resources which may be discovered on site. Therefore, the project would avoid having a significant effect on any historical, cultural, or paleontological resource.

9. The development site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties.

The development site, which was historically used for agriculture, and which is currently vacant, is not known to have stored or used any materials that have an unusually high risk of fire or explosion. Nearby uses include commercial, service, and residential, which do not store or use any materials that have an unusually high risk of fire or explosion.

10. The development site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.

As a condition of approval for the special use permit, the applicant shall be required to install, inspect, and maintain residential ventilation systems (MERV 14 or better), which would mitigate for potential adverse air quality-related health impacts resulting from proximity to the US-101/Ventura Freeway.

As a design feature of the proposed project, existing noise generators (US-101/Ventura Freeway) are mitigated at outdoor residential living areas (patios and balconies), by railings variously designed as open metal, solid, and/or solid with

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glazed panel, as necessary to provide sound attenuation; such that all patios and/or balconies comply with City noise standards.

11. The development is not located on a site that is any of the following:
(1) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(2) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2 (June 21. 1993).
(3) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (4) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(5) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(6) Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (7) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a

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no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(8) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(9) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(10) Lands under conservation easement.

The project site does not contain any of the above-referenced conditions.

12. The development is not located on a site where any of the following apply: The development would require the demolition of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

The project site does not contain any existing housing.

SECTION 4. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that the Project will not have a significant impact on the environment as identified and discussed in MND 24-01. Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, has prepared an IS/MND (State Clearinghouse No. 2024030528) in accordance with the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The IS/MND identifies and discusses potential impacts, mitigation measures, and monitoring requirements.

SECTION 5. This Resolution shall not become effective unless and until the City of Oxnard City Council adopts the Final IS/MND 24-01 and approves the associated Zone Change (PZ No. 22-570-01). If the City Council fails to approve any of these permits, then this Resolution shall become null and void and be of no further force and effect.

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SECTION 6. Based on the findings set forth herein, the City Council hereby approves Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and associated Density Bonus (PZ 22-535-03), subject to the attached conditions of approval.

SECTION 7. The decision of the City Council shall be final.

SECTION 8. The City Clerk shall certify the adoption of this Resolution.

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

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

GENERAL PROJECT CONDITIONS

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

2. This permit is granted for the plans approved August 1, 2024 (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a minor modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a major modification to the plans is approved by the Planning Commission. A minor modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A major modification shall be required for substantial changes or increases in such items. (PL, G-2)

3. This permit shall automatically become null and void 36 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by the

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issuance of a grading, foundation, or building permit and the construction of substantial improvements. (PL, G-3)

4. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows the Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)

5. By commencing any activity related to the project or using any structure authorized by this permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)

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

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

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

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

9. Developer shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9)

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

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

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

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

14. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)

15. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).

LANDSCAPE STANDARD CONDITIONS

16. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1)

17. Prior to issuance of building permits or the proposed use is initiated, whichever comes first, Developer shall submit two copies of landscape and irrigation plans, along with the appropriate permit application and fees, to the Development Services Division and obtain approval of such plans. (PK/DS, PK-2)

18. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic irrigation systems that have been approved by the City’s Landscape Architect. (PK, PK-3)

19. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensure compliance. (PK, PK-4)

20. Prior to the issuance of City issues a certificate of occupancy, Developer shall provide a watering schedule to the building owner or manager and to Planning Division or designee.

The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (PK, PK-5)

21. All trees planted or placed on the property by Developer shall be at least 24-inch-box size.

All shrubs and vines shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6)

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22. At the time of landscape plan check submittal, the landscape planting and irrigation plans shall comply with the current title 23 Model Water Efficient Landscape Ordinance (MWELO). (PK, PK-7.1)

23. Consistent with the City Council Resolution 15,569 which declared a continuance of the Stage 2 water shortage condition within the City of Oxnard, the project is required to implement and maintain the mandatory water conservation requirements for as long as City Council Resolution 15,569 is in effect or is amended/replaced by the City of Oxnard.

RESIDENTIAL

24. Developer shall provide an automatic irrigation controller and a written seasonal watering schedule for all front yard and street side yard landscaping. The watering schedule shall include variations for seasonal changes, sun and shade exposure of plants, type of plants, duration and frequency of irrigation, and suggestions as to how to conserve water. As part of the landscape plan check submittal process, the City’s Landscape Architect shall review the sufficiency of instructions for the operation of the irrigation controller and the watering schedule cycles. (PK, PK-11)

25. Developer shall review with and provide instructions to the buyer or property manager concerning the irrigation controller operation and the watering schedules.

26. Developer shall install sod or other alternative drought tolerant and California native friendly landscaping in the lawn areas of all front yards and street side yards. (PK, PK-13)

UNDEVELOPED LAND

27. Developer agrees that the project has aesthetic impacts arising from conversion of undeveloped land to developed land, which the landscaping improvements for the project are intended to mitigate. Developer further agrees that the landscaping improvements must be maintained in order to continue to mitigate such impacts. In order to provide for such maintenance, Developer has agreed to enter into an agreement with the City to cast a ballot in favor of formation of an assessment district to fund such maintenance and in favor of assessments on the project property. Before or during escrow for the sale of property within the project, Developer shall provide each buyer with a document disclosing, in large type, that the project property is subject to annual assessments for landscape maintenance, and stating the probable range of dollar amounts of such assessments for the next fiscal year.

To confirm that the buyer has read the document, Developer shall require the buyer to sign the document. Developer shall retain all such documents for at least three years and shall allow the City to inspect and copy all such documents upon reasonable request. (PK, PK-18)

WATER CONSERVATION

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28. Developer shall install an irrigation system that includes a water sensor shut off device as a water conservation measure. (PK, PK-22)

29. At time of submittal to the Building and Engineering Division for plan check, Developer’s Landscape Architect or Architect shall provide the City with written confirmation that they have reviewed the civil engineering construction drawings and that the NPDES requirements are not in conflict with meeting the City’s landscape requirements. (PK, PK-23)

30. Developer shall include a note on the Landscape Plans submitted to the Building and Engineering Division for a building permit that “all landscaping and irrigation comply with Ordinance No. 2822, which adopted the City of Oxnard Landscape Water Conservation Standards, and applicable water conservation requirements of the State of California”. (PK, PK-24)

31. At the time of Plan Check submittal, the landscape plans shall contain an exhibit titled “Tree Tabulation Chart”. The Tree Tabulation Chart shall contain a listing of all existing trees on site and shall refer to them by number as identified in the Arborist’s Tree Report.

The Tree Tabulation Chart shall clearly list all trees to remain, be removed or transplanted.

The Chart shall contain the Arborist’s economic appraisal value of each tree(s) removed as well as computations and calculations showing how the value of the removed tree(s) was put back into new tree sizes for the project that are in addition to meeting the City’s minimum tree size of 24” box. (PK)

PLANNING DIVISION STANDARD CONDITIONS

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

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

34. Before the City issues building permits, Developer shall include a reproduction of all conditions of this permit as adopted by resolution of the Planning Commission and/or the City Council in all sets of construction documents and specifications for the project. (PL, PL-3)

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

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

37. During the plan check review process, the Developer shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within alleyways, pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting. (PL)

38. Prior to issuance of building permits, Developer shall demonstrate that light standards illustrated on conceptual lighting plan do not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet.

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

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

41. Developer shall provide graphic site directories at principal access walkway points. (PL/B, PL-10)

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

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

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

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

46. Developer shall provide elevators in structures of three stories or more, except where the third story consists entirely of upper levels of residence that have entrances at the first or second story. (PL/B, PL-17)

47. Developer shall pay applicable impact fees, including but not limited to the fees authorized by City Council Resolution 15,329 (Growth Requirement Capital Fee, Park and Recreation Fee, Traffic Circulation Fee, Storm Drainage Fee, Mobility Fee, Public Art Program Fee, and Utility and Undergrounding in-Lieu Fee) and for wastewater, water system, water service and meter, storm drain, traffic (City and County), growth capital, park, public art, and General Plan maintenance connection and/or impact fees before issuance of building permits.

48. Developer shall participate in the City's Public Art Program by paying the Public Art fee prior to issuance of building permits, in accordance with City Council Resolution No. 14,124. (PL, PL-50)

RESIDENTIAL

49. Developer shall install all roof and building rain gutters and downspouts to integrate as closely as possible with building design elements, including matching adjacent building colors as closely as possible. Developer shall submit a plan and scheme for approval by the Planning Division Manager prior to issuance of building permits. (PL, PL-18)

50. Developer shall provide utility meters, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access for residents and service persons.

Developer shall coordinate placement and design of such items accordingly, with the Planning Division Manager, the appropriate utility service provider and the United States Postal Service, prior to issuance of building permits. (PL, PL-19)

51. Developer shall provide a powered gate operating system with fob entry access automatic garage door openers for all driveway gates or garages.

52. Prior to issuance of fine grading plans, Developer shall provide at least two types of driveway finishes or decorative designs. The details of the driveways shall be to the satisfaction of the Planning Division Manager. (PL, PL-22)

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53. Railings and enclosures for patios and balconies shall provide at least 50 percent enclosure for screening and privacy. Developer shall include details of the railings and enclosures on the construction documents. (PL/B, PL-24)

54. Walls separating the patio areas of different units shall be of solid construction, such as masonry, stucco, or wood over wood. Ground level patios shall be enclosed by walls not less than five feet high, except as otherwise approved by this permit. (PL/B, PL-25)

55. Additions and patio covers shall conform to the requirements of the applicable setbacks required for the Affordable Housing -AHP and -AHD Additive Zone, or as otherwise approved by this permit, and match the materials and style of the residence. (PL/B, PL-27)

56. Light standards illuminating interior walkways shall be no more than eight feet high. Light shall not intrude into private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet high. Light shall be directed away from dwelling units. (B, PL-30)

57. Developer shall provide masonry walls and/or iron style picket fencings, or a combination of both on street side yards and along project perimeter property lines. Developer shall install interior lot line fences, to be constructed of wood or other material, subject to the approval of the Planning Division Manager.

PLANNING DIVISION SPECIAL CONDITIONS

58. Applicant shall deposit $5,000 for mitigation monitoring and reporting associated with development project, PZs 22-500-04 (Special Use Permit), 22-570-01 (Zone Change), and 22-535-03 (Density Bonus). Such funds shall be deposited prior to submission of plans for building or grading permits. (PL).

59. Applicant shall submit a check made out to the City of Oxnard for payment of outstanding discretionary permit and environmental processing fees associated with the development project. Funds shall be deposited prior to issuance of a grading permit.

60. These conditions of approval impose specific fees, dedications, reservations and/or other exactions. Pursuant to Government Code Section 66020, the 90-day period in which the Developer or applicant has to protest the imposed fees, dedications, reservations and/or other exactions has begun as of the date that the conditions of approval are approved.

61. Developer shall remove any and all graffiti from the project premises, including but not limited to graffiti on or within the building and/ or any structures, within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the underlying colors and/or design and shall not look like a paint patch. (PL)

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

63. This permit is granted subject to the approval of Planning and Zoning Permit No. 22-570-01 (Zone Change) for the project property. (PL)

64. During all excavation and grading on site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufactures' standards.

65. Construction activities should be limited to 7:00 a.m. and 6:00 p.m. weekdays and Saturday, but not on national holidays, in accordance with the Oxnard City Code and the General Plan policies restricting construction times, whichever is more restrictive.

66. The project shall comply with all standards and codes except as approved by Density Bonus Application/ Concessions and Waivers under Oxnard City Code.

67. As bicycle parking is not visible from the street, directional signage to bicycle parking shall be included at the main building entrance. The signage shall be in the form of either a directory not exceeding six (6) square feet and or up to ten (10) individual directional signs not exceeding 1 square-foot each. The plans shall be altered prior to the project being submitted to the initial plan check submittal to Building & Engineering.

68. The applicant shall provide a notice to potential residents clearly outlining the issues associated with living in a mixed-use environment. The language for this disclosure shall be drafted by the applicant and submitted to the Community Development Director. The final language shall be approved to the satisfaction of the Community Development Director.

Copies of each signed disclosure shall be made available for review upon written request by the City.

69. The multifamily development is within 500 feet of US 101 or industrially zoned property.

The project is required to install high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 14 or better in the intake of residential ventilation systems.

Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV 14 filter. To ensure long-term maintenance and replacement of the MERV 14 filters in the individual units, the following shall occur:
a. The developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk from US 101 and industrial zones for all affected units.
b. For rental units within 500 feet of the US 101 or any industrially zoned property, the owner/property manager shall maintain and replace MERV 14 filters in

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accordance with the manufacturer's recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from US 101 and industrially zoned properties when windows are open.

70. The multifamily dwellings shall be constructed and designed in accordance with the minimum noise standards. An acoustical report addressing exterior noise sources shall be submitted with the dwelling construction plans for approval by the Building Official. The acoustical report shall address construction and operational phases. a. Construction: The acoustical report shall describe if the construction will involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers, occurring near sensitive-receptors shall be evaluated for potential vibration impacts. Developments are required to implement construction techniques which result in construction-related vibration that is less than the Federal Transit Administration vibration-annoyance criteria of 78 VdB during the daytime (7:00am-10:00pm) and not allowed during the nighttime (10:01pm-6:59am)
b. Operations: The applicant shall submit evidence to the satisfaction of the Director that all units with patios and/or balconies meet the 65 dBA CNEL.

71. Standpipe systems required by the Fire Department shall be designed to be located within building areas, such as staircase or tuck under parking areas that will lend to visually screen. (PL)

72. No rooftop equipment shall be installed unless screened from all sides by a designed parapet or building element that extends above the height of the tallest part of such equipment. (PL)

73. Developer shall remove any and all graffiti from the project premises, including but not limited to graffiti within the building, such as in restrooms or fitting rooms, within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the remaining area.

74. Street side yard walls shall be set back 10 feet from any public sidewalk, or as otherwise approved by this permit.

75. Developer shall ensure that all construction equipment is maintained and tuned to recommended manufacturer's specifications.

76. At all times during construction activities, Developer shall minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust.

77. During construction, Developer shall water the area to be graded or excavated prior to commencement of grading or excavation operations. Such application of water shall be at

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least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities.

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

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

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

81. The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), Rule 55 (Fugitive Dust), and Rule 55.1 (Removal of Visible Roadway Accumulations).

82. Developer shall mitigate air quality emissions associated with development of the subject site through a contribution to the City’s Transportation Demand Management (TDM) program.

Such fee shall be calculated at the time of building permit issuance in accordance with the Ventura County Air Quality Assessment Guidelines, as amended. Such fee shall be collected in full prior to building permit issuance.

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

84. Mitigation Measure BIO-1: If construction activities occur within the bird nesting season (generally defined as February 15 through September 15), a qualified biologist shall conduct a nesting bird survey within 7 days prior to the start of construction. If an active nest is observed within 500 feet of the proposed construction, the nest shall be avoided, and a suitable buffer zone shall be delineated in the field such that no impacts shall occur until the

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nest has been determined to be inactive by a qualified biologist. Construction buffers are generally 300 feet for passerines and up to 500 feet for raptor species; however, avoidance buffers may be reduced at the discretion of the biologist, depending on the location of the nest and species tolerance to human presence and construction-related noise.

If activities must take place within an established buffer, steps shall be taken to reduce indirect effects to nesting activity by actively reducing construction noise within proximity to a presumed nest location and/or installing temporary construction noise barriers. If the reduction of noise is not feasible, construction activities shall be postponed until the nest is deemed inactive and/or the breeding season has concluded.

Cultural Resources

85. Workers Environmental Awareness Program. Prior to the start of construction activities, all construction personnel shall be trained regarding identification and treatment protocol for inadvertent discoveries of resources (archaeological and tribal) and human remains. A basic presentation and handout or pamphlet shall be prepared to ensure proper identification and treatment of inadvertent discoveries of cultural resources and human remains. The purpose of the training is to provide specific details on the kinds of materials that may be identified during ground disturbing activities and explain the importance of and legal basis for the protection of human remains and significant cultural resources. Each worker shall also be trained in the proper procedures to follow in the event that cultural resources or human remains are uncovered during ground disturbing activities. These procedures include but are not limited to work curtailment or redirection, and the immediate contact of the site supervisor and a Qualified Archeologist per Mitigation Measure CUL-2. (MND, CUL-1)

86. Inadvertent Discovery Clause. In the event that potential archaeological resources are unearthed, ground-disturbing activities shall be halted or diverted away from the vicinity of the find (at least 100 feet) and a Qualified Archaeologist shall be notified immediately to assess the significance of the find and determine whether or not additional study is warranted. An appropriate buffer area shall be established by the Qualified Archaeologist.

Reasonable assumptions regarding the potential for additional discoveries in the vicinity, and safety considerations for those making an evaluation and potential recovery of the discovery shall be provided by the Qualified Archaeologist. This buffer area shall be established around the find where construction activities shall not be allowed to continue until the evaluation is completed. Grading activities shall be allowed to continue outside of the buffer area, and an archaeological monitor shall be provided during these grading activities outside the buffer area, if determined necessary by the Qualified Archaeologist.

All resources unearthed by Project construction activities shall be evaluated by the Qualified Archaeologist. If a resource is determined by the Qualified Archaeologist to constitute an archeological resource pursuant to the CEQA Guidelines Section 15064.5, the

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Qualified Archaeologist shall coordinate with the Applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resource. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If in coordination with the City, it is determined that preservation in place is not feasible, appropriate treatment of the resource shall be developed by the Qualified Archaeologist in coordination with the City and may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any archaeological material collected shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school, Tribe, or historical society in the area for educational purposes. (MND, CUL-2)

87. Paleontological Resources. In the event that potential paleontological resources are unearthed, ground-disturbing activities shall be halted or diverted away from the vicinity of the find (at least 50 feet) and a Qualified Paleontologist shall be notified immediately to assess the significance of the find and determine whether or not additional study is warranted. All paleontological resources shall be identified, handled, and treated in accordance with the applicable provisions of the Society of Vertebrate Paleontology (SVP) standards.

An appropriate buffer area shall be established by the Qualified Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. Grading activities shall be allowed to continue outside of the buffer area, and a paleontological monitor shall be provided during these grading activities outside the buffer area, if determined necessary by the Qualified Paleontologist. At the Qualified Paleontologist’s discretion, and to reduce any construction delay, the grading and excavation contractor shall assist in removing rock/sediment samples for initial processing and evaluation. If preservation in place is not feasible, the Qualified Paleontologist shall implement a paleontological salvage program to remove the resources from their location. Any fossils encountered and recovered shall be prepared to the point of identification and catalogued before they are submitted to their final repository.

Any fossils collected shall be curated at a public, non-profit institution with a research interest in the materials, such as the Museum of Ventura County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school or historical society in the area for educational purposes. (MND, CUL-3)

88. If human remains are encountered, the Applicant or its contractor shall halt work in the vicinity (within 100 feet) of the discovery and contact the Ventura County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5, which requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American

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descent, the coroner has 24 hours to notify the NAHC. The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the permission of the landowner, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing of, with appropriate dignity, the human remains and any associated grave goods. The MLD shall complete his or her inspection and make his or her recommendation within 48 hours of being granted access by the landowner to inspect the discovery. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Upon the discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the MLD on all reasonable options regarding their preferences for treatment. (MND, CUL-4)

POLICE DEPARTMENT STANDARD CONDITIONS
Exterior Lighting

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

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90. Exterior lighting of the site, including parking areas, shall be between 1 and 7-foot candles and shall be in harmony with existing adjacent lighting schemes. Lighting bollards shall not be used as part of the foot candle calculation on photometric sheets.

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

92. LED or similar in nature and spectrum (3,000K to 20,000K Correlated Color Temperature).

93. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians. Lenses shall be flat and parallel to the ground/floor. Wall packs and other luminaires that throw light laterally are not allowed unless specifically approved by Planning and Police.

94. Outdoor lighting instruments shall not be placed in close proximity to trees. In the event outdoor lighting instruments and trees are in close proximity an additional sheet will be required illustrating light and tree placement showing trees with a 20-year maturity.

95. Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This plan shall include all outdoor areas as well as the parking facility. This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures. Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This plan shall include all outdoor areas as well as the parking facility. This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures. Plan sheet shall include:
a. Tree species table which shows canopy bottom, top, and broadest diameter at a 20-year maturity. Bottom of tree canopies shall not be less than 15-above any drive area to provide clearance for Fire and Solid Waste Vehicles. b. Pole mounted luminaires shall be placed to illuminate under tree canopies at a 20-year maturity. Pole and arm instruments should be considered in areas between landscape finger-planters.
c. Areas where walkways exist opposite from parking stalls, Pole and arm instruments should be placed directly opposite from finger-planters.

Luminaires used in the photometric calculations shall only include those instruments mounted 8-feet or more above walking/driving surface. This plan shall be submitted to [email protected] and approved prior to the issuance of building permits.

96. Interior tuck under and garage parking facilities shall be illuminated between 5 and 15 foot-candles utilizing LED or similar luminaires with a spectrum 3,000K to 20,000K Correlated Color Temperature.

97. Parking stalls shall be enumerated with painted numbers on the surface of the parking

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98. stall. However, the stall numbers shall not correspond to the residential unit assigned the stall.

Security Camera Systems

99. Security camera system shall be operated 24 hours a day to monitor the activity at the site.

The system shall be designed to capture images of all persons and all vehicles that enter the site. Cameras shall also be distributed throughout the site to capture general activities. The camera system shall comply with these minimum standards:
a. The camera system shall be cloud based to facilitate off-site and mobile monitoring.
b. Access to the cloud based camera system may be made accessible to the Oxnard Police Department for specific areas of the property and adjacent areas that are either public, or, semi-public that include: adjacent public street, alleys, sidewalks, and within the private property the parking facility and paseo.

Contact [email protected] to participate in this program. c. If the Police Department is provided access to the cloud based camera system, privacy of residents shall be taken into consideration. d. Cameras and supporting equipment shall supply digital color images under normal lighting conditions. Greyscale images are expected for infra-red lighting.
e. Cameras shall be made by a reputable manufacturer and maintained to current industry standards.
f. Cameras shall have low light capability to facilitate the later identification of persons involved in criminal or problem activities.
g. The video system shall utilize a Digital Video Recorder (DVR). VHS and other formats are prohibited.
h. The video system shall allow recording, live viewing and playback of recorded video for a period of a period of at least 30 days.
i. Recorded images shall bear a date and time stamp that cannot be altered. j. All entry doorways to the premises shall be monitored by a camera or cameras that are strategically mounted for face capture of persons who enter. Such cameras shall be mounted no higher than 7-feet above the floor/ground. Face capture images shall be determined as those images where the clarity of a person’s facial image is sufficient for later identification. k. All vehicular entrances to the parking facilities shall be monitored by a camera or cameras that are placed to capture images of sufficient quality where the vehicle’s license plate, make, model and color can be easily identified. l. Cameras in domed casings are highly encouraged as their area of focus is not easily determined by a casual observer.
m. A camera shall be dedicated to face capture image of any person accessing the call system at the exterior of the primary entrance.
n. Site management shall provide in a timely manner any digital records of security camera or access control systems requested pursuant to a police investigation or for the periodic inspection of equipment required under these conditions.

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o. Security cameras shall be installed to monitor activity around each side of the building’s exterior.

Access Control Systems
100.The site shall be equipped with an access control system that shall restrict human and vehicle access to semi-public areas of the site. The areas considered “semi-public” shall include: parking areas restricted to residents, the building lobby, mailroom, shared hallways, laundry rooms, activity rooms, pool and physical fitness facilities. 101. The access control system shall utilize instruments such as cards, fobs, QR decals or other devices that can be individually programmed to provide access, as appropriate, for an individual user. The system shall have the capability to add or subtract an access instrument assigned to a particular residential unit, employee, or service provider. 102. The access control system shall include a call system at the exterior of the site’s primary entrance that allows guests to contact residents or the managers to request access. The access control point at this entrance shall be enabled to open by a resident from their unit or from a remote digital device.
103. The access control system shall record each permitted access and the authorizing individual and the instrument/method used to facilitate the access. 104. “Click-To-Enter” access technology shall be installed at each pedestrian and vehicular entrance to a semi-public area to provide access to first responders.

Security Plan
105. A Security Plan shall be submitted to [email protected] and approved prior to the issuance of building permits. The purpose of the Security Plan is to align the applicant’s need to secure the development site for its end users with current security standards and to provide the Police Department an understanding of the layout of the site in the event of a critical incident. The Security Plan, when submitted directly to the Police Department, is considered a confidential document. The plan shall include:
a. The Security Plan Sheet will identify the location of each security camera, camera recording/support equipment, all elements of an access control system, and any safe or secure room or rooms designed to maintain valuable assets or records.
b. The Security Plan shall include a chart identifying each camera by an alpha-numeric, the scope of their capture area, and placement of the camera above the floor/ground.
c. The Security Plan shall identify all doors with an alpha-numeric (e.g. D-1, D-2, etc.) that serve passage between public & semi-public, semi-public to semi-public and similar access points where tenants and their guests routinely pass without needing specific permission from a resident or property

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manager/responsible party or resident. This would include access to the lobby, parking garage, laundry room, mailroom, emergency exits, etc. When a camera is positioned for face capture it shall be noted on the camera chart. d. The Security Plan shall identify any area which is served by an intrusion/burglary alarm system.
e. The Security Plan shall identify all the components of the access control system their location and a chart that identifies each instrument with an alpha-numeric with the device name, make and model. The access control system shall provide site access to tenants and persons authorized by the site management. The access control sites shall include areas deemed semi-public such as the lobby, parking garage, laundry room, mailroom and any shared facility such as an activity room or community kitchen.
f. Click-to-Enter technology shall be installed to provide access for first responders to all entrances to the facility that serve as an interface between public and semi-public areas. All such access points shall be identified on the Security Plan.
g. The permittee/property manager/owner shall maintain all security features in good working condition and consistent with industry standards. 106. Site management is encouraged to have an active and cooperative relationship with their neighbors and the Oxnard Police Department. To facilitate this effort these elements shall be established by the site management:
a. Site management should establish a dedicated email address for the site (ie:
acmeapartments&acme.com). Once the email address has been established, site management should send an email to [email protected] identifying the site address, management company, phone number, dedicated email address, and the person managing the site.
b. A sign shall be posted so it is readable from the public right of way and placed at or near the primary entrance which identifies the management company name, phone number and the dedicated email address.
c. Site management should participate in crime prevention programs designed for multi-unit residential housing facilities.
d. The property owner should inform the Oxnard Police Department of changes in site management and/or the dedicated email address by sending an email to [email protected].
107. Any digital records from the security camera system or access control system shall be made available to any representative of the Oxnard Police Department in a timely manner upon request related to any official police investigation. If requested, the site manager shall upload or email any digital records at the request of a representative of the Oxnard Police Department.

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108. A Security Plan shall be submitted to and approved by the Police Department prior to the issuance of building permits. The submission shall be made in a PDF format and sent to [email protected]. The email subject line shall have the 7-digit Planning PZ number and the site’s address to identify the project. The plan shall include the security features at the site consistent with the Security Plan Requirements document provided during the development review process. The Security Plan shall not be submitted with other development documents or plan sheets. This is done to maintain a level of confidentiality of the security features of the site between the developer/end user of the development and the Oxnard Police Department.

Alarms
109. Any intrusion alarm system installed at the site shall utilize motion and infrared technology or similar technology to differentiate between human and non-human motion.

The alarm system shall be compliant with Oxnard City Code 11-95 through 11-100.

Landscape
110. Landscape elements shall be arranged and maintained to provide clear lines of sight and eliminate potential places of concealment.
111. Trees shall not be located where they would conflict with lighting instruments.

Appropriate proximity is based on a tree's canopy size at twenty-year maturity. 112. Creeping fig or similar climbing vine shall be used to dissuade the application of graffiti on CMU walls.
113. Natal Plum or similar hedge shrub shall be used as a “defensive barrier to protect against unhoused habitation in areas prone to such activities.
114. Trees shall be maintained so that the canopies do not interfere with pedestrian or vehicular traffic and safe sightlines are maintained.
115. Landscape elements shall be arranged to provide clear lines of sight and eliminate potential places of concealment and dissuade the application of graffiti. Through the life of the project, the property shall be maintained to address these issues.

Site Management
116. Parking stalls shall be enumerated. However, the stall numbers shall not correspond to the residential unit assigned the stall.
117. Graffiti shall be removed or painted over within 48-hours of application. Site management shall maintain a supply a paint to match the building’s exterior color scheme.

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118. Developer/owner/site manager shall inform owners and renters via tenant rules, the provisions of Oxnard City Ordinance 7-100 through 7-106 as it applies to hosting loud parties or events. And, that should Police respond to a disturbance multiple times, a service charge may be incurred up to $500.

Signage
119. All vehicular entrances to the parking area shall be posted in compliance with California Vehicle Code 22658(a). Persons in lawful possession of the property may then cause the removal of a vehicle parked on the property to the nearest public garage if parked without the owner’s permission. (PD)
120. A sign shall be posted at or near the primary entrance to the site that identifies the management company name, phone number and the email address dedicated to the site management office.
121. A sign shall be posted at each entrance to the site stating: “No loitering, trespassing or drinking alcoholic beverages. Pursuant to State Law & City Ordinance”. 122. Courtyard area signage & tenant rules – Amplified music shall not be audible beyond the confines of the Courtyard area.

Mail Delivery
123. Mail and parcel delivery shall be in a room controlled by the building’s access control system. This room shall be configured so that only tenants, USPS and parcel delivery services have access. Building guests shall not have access to this area. This area shall also be monitored by the site’s security camera system. This area shall have these features:
a. Prior to the issuance of building permits the developer shall contact the Oxnard Postmaster to ensure that the mail and parcel delivery system for the site will meet the requirements of the USPS.
b. A secure mailbox shall be provided for each residential unit. c. A secure system for receiving parcel deliveries shall be established and maintained. (PD/USPS)

FIRE DEPARTMENT STANDARD CONDITIONS
124. Developer shall construct all vehicle access driveways on the project property to be at least 26 feet wide. Developer shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. Developer shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1)

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125. All roof covering materials on the project property shall be of non-combustible or fire retardant materials approved by the Fire Chief and in compliance with the City Code. (FD, F-2)
126. Before the City issues building permits, Developer shall obtain the Fire Chief’s approval of a plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3) 127. At Developer’s expense, Developer shall obtain two certified fire flow tests for the project property. The first test shall be completed before City approval of building plans and the second shall be completed after construction and prior to the issuance of a certificate of occupancy. A mechanical, civil, or fire protection engineer must certify the tests.

Developer shall obtain permits for the tests from the Engineering Division. Developer shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4) 128. All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5) 129. The project shall meet the minimum requirements of the “Fire Protection Planning Guide” published by the Fire Department. (FD, F-6)
130. At all times during construction, developer shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for fire fighting apparatus to all parts of the project property. (FD/DS, F-7)
131. Developer shall identify all hydrants, standpipes and other fire protection equipment on the project property as required by the Fire Chief. (FD, F-8) 132. Developer shall install security devices and measures, including walkway and vehicle control gates, entrance telephones, intercoms and similar features, subject to approval of the Police Chief and the Fire Chief. Vehicle control gates shall be operable by City approved radio equipment. (FD/PD, F-9)
133. Developer shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10)
134. The turning radius of all project property driveways and turnaround areas used for emergency access shall be a minimum of 48 feet outside diameter for a semi-trailer. (FD, F-11)
135. Developer shall provide automatic fire sprinklers as required by the City Code and shall contact the Fire Chief to ascertain the location of all connections. (FD, F-12)

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136. Developer shall install in each structure in the project a detection/alarm system with a central station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and allows the central station monitor to inform the Fire Department of the point of entry into the structure that is nearest the fire. (FD, F-13)
137. Developer shall comply with Certified Unified Program Agency (CUPA) requirements regarding the storage, handling and generation of hazardous materials or waste. Prior to the issuance of building permits, Developer shall contact the CUPA division of the Fire Department to ensure that such requirements are followed. (FD, F-16) 138. Developer shall install a carbon monoxide detector on each level of the residence in accordance with the manufacturer’s specifications. The detector shall be hardwired with a battery backup. (FD, F-17)

FIRE DEPARTMENT SPECIAL CONDITIONS
139. Areas designated by the Fire Marshal as Fire Lanes shall be identified by a red curb and signage per the California Department of Motor Vehicles. 140. Locate Fire Department Connection and provide a fire hydrant with 50-feet. 141. Class I standpipe is required in each stairwell and within the parking area. 142. Fire sprinkler coverage is required for:
a. Covered Parking.
b. Patios, overhangs or any other projections that are 48” or more from the structure. c. Open areas beneath stairs that serve a habitable space or when that area is accessible for storage or has mechanical equipment.
d. The protection of the forced air unit when located in the attic or other areas that are normally inaccessible.
143. All emergency egress/Fire Department access windows or doors that serve any room that can be utilized for sleeping, shall have access to a public right-of-way without re-entering the structure.
144. Ensure landscape trees do not block bedroom emergency window exits. 145. Before the city issues a certificate of occupancy, the developer shall install a Knox key

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vault at a location to be determined by the Fire Department. 146. Gurney size elevators will be required.

ENVIRONMENTAL RESOURCES DIVISION
147. A Construction and Demolition Waste Management Plan (ERDC-1) must be submitted to the Environmental Resources Division for review and approval prior to issuance of a building permit establishing a goal that at least 65% of the waste generated on the project will be diverted from the landfill.
148. After completion of construction and prior to a certificate of occupancy being issued, a Construction and Demolition Waste Management Report (ERDC-2) must be submitted that demonstrates that at least 65% of the waste generated on the project has been diverted from the landfill. This Report must also include legible copies of weight tickets, receipts, or invoices for materials sent to disposal or reuse/recycling facilities. 149. An Occupancy Plan must be submitted to the Environmental Resources Division prior to issuance of a certificate of occupancy. The Plan must clearly state how all three waste streams will comply with all applicable state laws, including AB 939, AB 341, AB 1826, and SB 1383, and any subsequent legislation adopted in the future, will be managed on site in perpetuity.
150. Any/all organic waste that is generated must be diverted from landfill disposal, as material of this type is not allowed in a trash dumpster. If landscaping is performed by an entity other than the City of Oxnard (i.e. self-haul or third party private hauler), the landscape service providers must be informed, in writing, of this condition and the property management must complete and submit an Alternative Services Certification annually. 151. Any new or renovated waste enclosures, including collection rooms, must be sized so that they can accommodate all three waste streams and meet minimum safety and operational requirements, including vehicle path of travel, employee access, and prevention of illegal dumping and/or vandalism. Use the City’s approved Standard Plates, but modify dimensions accordingly.
152. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling. Regardless of hauling methods, all materials collected must be conveyed to the Del Norte Regional Recycling and Transfer Station. 153. Procedures shall be developed for the project to ensure that the property management makes provisions to divert a minimum of 50% while striving for 75% diversion of waste material generated at this location in perpetuity. This can be achieved by subscribing to the City’s residential curbside or mandatory commercial recycling services and through annual

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tenant education that may include source reduction, recycling, reuse, and organics collection requirements.
154. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a manner approved by the City Engineer. 155. Developer and operator shall install clearly labeled storage containers in the kitchen base cabinet within each unit to facilitate separate disposal of recyclable and non-recyclable waste typically generated by tenants. The location and specifications (size, materials, etc.) of such storage unit shall be shown on the construction document floor plans submitted to the City for building permits. Recycling guidelines shall be clearly posted on the door of the storage cabinet. The intent of this mitigation measure is to create a situation wherein recycling is as convenient for project guests as disposing of trash. 156. Developer and operator shall provide recycling containers near the point of use in common areas for guests and residents to dispose of their recyclable waste (examples: indoors for newspapers and beverage containers; outdoors for beverage containers). Containers used exclusively for recycling shall be clearly identified as "recycling only" with clear icons or other graphics on each container appropriate to the container's content. 157. Apartment operator (Management) shall provide literature in each apartment (including on the door of the storage cabinet) explaining the importance of recycling, what can be recycled, and providing suggestions for source reduction, as well as water and energy conservation. City contacts for waste reduction, water conservation, and energy savings shall be listed in the literature.
158. Property Owner (Management) shall provide training to the housekeeping/janitorial staff (including visual aids for each housekeeping cart) for separating tenant’s refuse into recyclable and disposable trash.
159. Property Owner (Management) shall provide housekeeping/janitorial carts which accommodate separated recyclable and non-recyclable trash. Visual aids for each housekeeping cart shall include a general list of mixed recyclables accepted and the standard 3-arrow recycling symbol on the collection container. (P-11) 160. Property Owner (Management) shall provide sufficient containers to custodial staff to prevent the contamination of recyclables with waste or moisture. 161. The property owner(s) shall provide a source separated three (3) stream waste system by providing separate trash chutes for: (1) refuse, (2) commingled recycling and (3) organic material, generated by the proposed development;
a. Alternatively, if the property owner(s) proposes a two (2) stream waste system (no organic material chute) then the property owner(s) shall then provide organic waste

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receptacles on each proposed floor for use by the residents on that floor. The organic waste receptacles on each floor, will need to be regularly emptied by the property owner(s) staff and placed into the organic waste bin located in the trash room. The organic waste material bin(s) will then need to be brought out to the designated staging area to be serviced, by the property owner(s) staff. b. All materials shall be placed in commercial bins, and brought to the designation staging area.
162. The property owner(s) staff shall pull out refuse/recycle/organic bins to the staging area where refuse equipment may access the bins for collection, on the day(s) of service. The refuse/recycle/organic bins shall be moved back to the trash room by the property owner(s) staff immediately after being serviced by the City;
163. A designated staging area for the service of refuse/recycle/organic bins shall be located on the property, be accessible by an unobstructed path of at least 16' high and 12' wide to ensure safe access, have a height clearance of 25' (for overhead bin lifting, be improved to withstand refuse equipment weighing up to 62,000 lb and be at a location approved by the Environmental Resources Division.

DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS
164. Developer shall pay plan check and processing fees in effect at the time of construction plan submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)
165. Developer’s Engineer shall design parking lot structural sections based on an analysis of the soils R-value and a traffic index (T.I.) approved by the City Engineer. The minimum structural section for parking lots is two inches of asphalt on four inches of base material.

Developer shall indicate the proposed structural section and design T.I. on the site improvement plans. (DS-2)
166. Developer shall have the site improvement plans prepared using standard Building and Engineering Division format(s) by a civil engineer licensed in the State of California. The plans shall incorporate recommendations from soil engineering and geology reports. Prior to issuance of a grading permit, improvement plans must be approved by the City Engineer and ink-on-mylar plans filed with the Building and Engineering Division. (DS-3)
167. Developer shall submit improvement plans and drainage calculations demonstrating that storm drain runoff from the project property and all upstream areas will be safely conveyed to an approved drainage facility. The design and conveyance route shall be compatible with the City’s Master Plan of Drainage and shall be approved by the City Engineer prior to approval of improvement plans. (DS-4)

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168. Developer shall protect building pads from inundation during a 1% chance (100-year) storm. (DS-5)
169. Developer shall replace all broken, uplifted, or missing curb, gutter, or sidewalk along the street frontage(s) of the project. (DS-6)
170. Before connecting the project to existing sewer and water service laterals, Developer shall conduct an inspection (pothole or video) of the existing lateral(s) and arrange for City staff to view inspection results. Developer shall make repairs to such facilities as determined necessary by City staff. Developer shall bring all existing water services into compliance with current City standards including removal of unused water or sewer laterals by disconnection at the main. (DS-7)
171. Each structure shall be served by separate sewer and water services in accordance with City Code. (DS-8)
172. Curb cut widths and design shall conform to City ordinances, standards, and policies in effect at the time City issues an encroachment permit. (DS-9) 173. Developer’s site improvement plans shall include an on-site sewer plan. (DS-10) 174. Developer shall provide fire hydrants such that all points of all structures are within one hundred fifty (150) feet of a fire hydrant, or as otherwise approved by the Fire Department. Fire hydrant line improvements shall be designed in accordance with City standards and shown on the civil site improvement plans prior to issuance of a site improvement/grading permit. Developer shall provide the City with an easement over onsite waterlines using standard City format. (DS-11)
175. Developer shall install all new on-site electric, cable, telephone and similar utility service laterals underground. Services shall be installed underground to the nearest suitable riser pole as determined by the appropriate utility service provider. (DS-12) 176. Developer shall enter into an agreement, approved as to form by the City Attorney, to install and construct all public improvements and grading required by this permit and by the City Code. Developer shall post security satisfactory to the Finance Director, guaranteeing the installation and construction of all required improvements within the time period specified in the agreement or any approved time extension. (DS-14)
177. A California licensed civil engineer shall prepare the public/site improvement plans and documents for this project in accordance with City standards and shall submit all such plans to the City Engineer. Submittal shall include, but not necessarily be limited to, grading, street, drainage, sewer, water and other appurtenant improvement plans, construction cost estimates, soils reports, and all pertinent engineering design calculations. City will not approve a parcel map or final map nor issue a grading, site

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improvement or building permit until the City Engineer has approved all improvement plans. (DS-15)
178. Prior to issuance of a site improvement permit, Developer shall provide to the Building and Engineering Division digital copies of all project maps, address map, and/or civil improvements drawings in DWG format. Prior to improvement bond release, Developer shall provide updated digital files containing all changes that occur during construction. (DS-16)
179. Developer shall provide all necessary easements for streets, highways, alleys, sidewalks, parkways, landscaping, utilities, drainage facilities, or other improvements as required by City. If such easements cannot be obtained from the property owner by negotiation, City may acquire them at the expense of Developer by exercise of the power of eminent domain. Developer shall bear all costs of eminent domain proceedings, including appraisal, acquisition, attorney’s fees, and court costs. Before City issues a site improvement permit, Developer shall dedicate all required easements to City. (DS-19) 180. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the City Engineer issue a stop work order until such time as the graffiti is removed. (DS-20)
181. The conditions of this resolution shall prevail over all omissions, conflicting notations, specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)
182. Developer shall pay the cost of all inspections of on-site and off-site improvements. (DS-22)
183. Developer shall be responsible for all project-related actions of Developer's employees, contractors, subcontractors, and agents until City accepts the improvements. (DS-23) 184. Prior to beginning construction, Developer shall designate in writing an authorized agent who shall have complete authority to represent and to act for Developer. The authorized agent shall be present at the work site whenever work is in progress. Developer or the authorized agent shall make arrangements acceptable to City for any emergency work.

When City gives orders to the authorized agent to do work required for the convenience and safety of the general public because of inclement weather or any other cause, and the orders are not immediately acted upon by the authorized agent, City may do or have such work done by others at Developer's expense. (DS-24)
185. "Standard Specifications for Public Works Construction" latest edition (including modifications thereto by City) and applicable City Standard Plates and Design Criteria

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shall be the project specifications, except as noted otherwise on the approved improvement plans. City reserves the right to upgrade, add to, or revise these specifications and plans and all other City ordinances, policies, and standards. If the improvements required of this project are not completed within 12 months from the date of City’s approval of the improvement plans, Developer shall comply with and conform to any and all upgraded, additional or revised specifications, plans, ordinances, policies and standards. (DS-27)
186. Prior to issuance of a grading/site improvement permit, Developer shall obtain City Engineer approval for any proposed construction phasing. The improvement plans (and associated phasing plans) shall clearly indicate any interim or off-site improvements required by City. (DS-28)
187. Developer shall retain a California licensed Civil Engineer to ensure that the construction work conforms to the approved improvement plans and specifications and to provide certified "as-built" plans after project completion. Developer’s submittal of certified "as-built" plans is a condition of City’s final acceptance of the project and release of any associated security. (DS-29)
188. All grading shall conform to City's standard grading notes, City Code, and recommendations of Developer’s soils engineer as approved by the City Engineer. (DS-30)
189. Developer shall construct sufficient drainage facilities concurrent with rough grading operations to mitigate any potential flooding or erosion affecting adjacent properties and public rights-of-way. (DS-31)
190. Developer shall design all slopes steeper than 5 (horizontal) to 1 (vertical) with a minimum 18-inch wide level area (at both top and bottom of slope) where it adjoins a wall, fence, sidewalk, trail, curb or similar improvement. (DS-32) 191. Storm drain, sewer and water facilities shall conform to applicable City Master Plans.

Developer shall prepare plans for these facilities in accordance with City’s engineering design criteria in effect at the time of improvement plan submittal. Developer shall submit plans with pertinent engineering analyses and design calculations for review and approval by the City Engineer prior to issuance of a site improvement permit. (DS-34) 192. Developer shall design project grading to convey stormwater to a street, alley, or approved drain so that there are no undrained depressions. (DS-35) 193. Prior to issuance of a site improvement permit, Developer shall provide to the City Engineer easements or written consent (as determined appropriate by the Development Services Director) from all affected landowners for any diversion of historical flows or change in drainage conditions caused by the project. (DS-36)

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194. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and solid waste systems in a manner approved by the City Engineer. (DS-38) 195. Developer shall install water mains, fire hydrants and water services in conformance with City standard plates, design criteria and specifications as directed by the City Engineer. (DS-41)
196. Developer shall install adequately sized water services and meters to each lot or unit in accordance with City standards in effect at the time of building permit issuance. There shall be no interconnections between structures. (DS-42) 197. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45)
198. Prior to designing the water system for the project, Developer shall have a certified fire flow test performed to determine existing water pressure and flow characteristics with a minimum of two flowing hydrants. The water system for the building fire sprinkler shall be designed to allow for a 10 psi drop in the static water pressure measured during the fire flow test. After construction and before City issues a certificate of occupancy, the City Engineer may require a second test. Developer shall obtain permits from the City Engineer prior to performing tests. Developer shall have all tests certified by a mechanical, civil, or fire protection engineer and provide written results of all tests to the City Engineer. (DS-47)
199. Developer shall improve all streets, alleys, sidewalks, curbs, and gutters adjacent to the project in accordance with City standards, as necessary to provide safe vertical and horizontal transitions. (DS-52)
200. Developer shall install all water, gas, sewer, storm drain, electrical, cable television, and telephone lines before any paving is placed. (DS-54)
201. Developer shall submit a landscape irrigation plan prepared by a licensed professional, showing proper water meter size, backflow prevention devices, and cross-connection control. (DS-59)
202. Developer shall be responsible for and bear the cost of replacement of all existing survey monumentation (e.g., property corners) disturbed or destroyed during construction, and shall file appropriate records with the Ventura County Surveyor's Office. (DS-64) 203. Developer shall construct a concrete apron along the length of the trash bin staging area opening that extends a minimum of 15 feet from the face of the trash bin staging area into the driveway aisle.
204. Developer shall provide adequate vehicle sight distance as specified by CalTrans specifications at all driveways and intersections. (TR-71)

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205. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73)
206. Developer shall design project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit (Order R4-2010-0108 including all revisions) for new development and redevelopment projects.

Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures (“2011 TGM”). (DS-78) 207. Developer’s stormwater quality calculations shall include site specific analysis and recommendations from a geotechnical engineer, and if applicable, a landscape architect for design and implementation of stormwater treatment and infiltration devices.

Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of site specific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM.

Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (DS-81)
208. Using forms provided by the Building and Engineering Division, Developer shall submit a stormwater quality control measures maintenance and operations plan ("the Plan") for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, Developer shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the City Engineer approves the Plan and Developer provides an executed copy of the City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (DS-82)
209. Developer’s stormwater quality control measures maintenance and operations plan shall include: 1) Requirement to clean on-site storm drains at least twice a year; once immediately before the first of October (the beginning of the rainy season) and once in January. The City Engineer may require additional cleaning; 2) Requirement to maintain parking lots free of litter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent the accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system. Developer may not discharge any cleaning agent into the storm drain system; 3)

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Requirement to label all on-site storm drain inlets with the message "Don't Dump - Drains to Ocean" in accordance with City standards. (DS-83) 210. Developer’s engineer shall submit written confirmation that the project landscape drawings comply with the landscape requirements of the Technical Guidance Manual for Stormwater Quality Control Measures for all landscape-based stormwater quality best management practices. (DS-84)
211. Developer shall provide pre-treatment for all infiltration-based stormwater quality Best Management Practices (“BMPs”.) Pre-treatment devices must effectively reduce sediment load entering infiltration BMPs to minimize occlusion of underlying soils and reduce long term maintenance requirements and thereby maintain the infiltration capacity of the BMP. 2011 TGM compliant pre-treatment such as vegetated swales are an approved form of pre-treatment. Proprietary pre-treatment devices must be capable of removing 80% of 50 micron particles to be considered adequate pre-treatment. Typical catch basin inserts do not provide the sufficient sediment storage to provide pre-treatment. (DS-85)
212. Prior to issuance of a grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall provide evidence of assignment of a permit identification number by the California State Water Resources Control Board indicating submittal of a Notice of Intent (NOI) by the Developer in accordance with the NPDES Construction General Permit. Developer shall comply with all requirements of the General Permit and the Ventura Countywide MS4 Permit, including preparation of a Stormwater Pollution Prevention Plan (SWPPP). Developer shall keep the SWPPP updated to reflect current site conditions and a copy of the SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-86) 213. Developer shall construct proposed walkways that cross vehicular drive aisles of enhanced concrete. The concrete color shall contrast with the parking lot paving material to clearly identify pedestrian areas. (DS-101)
214. Developer shall pay to the County of Ventura a road mitigation fee in accordance with the agreement between the City and the County of Ventura. Proof of payment shall be provided to the Building and Engineering Division prior to issuance of a building permit. (DS-105)

DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS
215. Driveway gates shall be located at a minimum distance of 40-feet measured from the back of the walk. (DS)
216. The drive aisle width shall be 26-feet minimum unless approved otherwise by the Fire Department. (DS)

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217. The design and construction of the new driveway approaches on Lockwood Street shall not alter any portions of the existing bioswales. If alteration of the bioswale is needed, the design and calculations shall be submitted to the City Engineer for review and approval, demonstrating full compliance with the previous design parameters and the latest applicable stormwater requirements. (DS)
218. The onsite sidewalks and walkways shall provide a 5-foot minimum unobstructed width. At the discretion of the City Engineer, the width may be reduced to 4-feet for specific locations proven infeasible to maintain the 5-foot clear requirement. If affected by vehicle overhang, the width of the sidewalk shall be increased. (DS) 219. Americans with Disabilities Act (ADA) and Electric Vehicle (EV) parking spaces not affecting sidewalks shall be 18-feet deep minimum without wheel stops, and those affecting sidewalks shall be 19-feet deep with wheel stops placed at the 17-foot mark. (DS) 220. Standard parking stalls shall be 19-feet deep or 17-feet with a 2-foot overhang. Where the 17-foot deep parking stall depth is used, the entire parking stall shall be kept clear from all obstructions, including landscape curbing. (DS)
221. Compact parking stalls shall be 17-feet by 8-feet minimum plus 2-feet of overhang.Except stalls 68, 69 & 89, which shall be 17-feet by 8-feet minimum plus 1’-3” of overhang, as approved by this permit. (DS)
222. Onsite infrastructure improvements, including pavement, sidewalks, and underground utilities such as storm drainage and sanitary sewer systems, shall be privately owned and maintained. Any improvements that need to be owned by the City, such as the water system, shall be clearly labeled as ‘Public’ on the project improvement plans. (DS) 223. Developer shall review the Title Report and show on a stand-alone exhibit all existing easements, agreements, covenants, and deed restrictions recorded on the property and identify how they affect the project. The exhibit shall clearly identify if any recorded documents need to be vacated or quitclaimed, subject to review and approval of the City Engineer. (DS)
224. Prior to issuance of a site improvement permit, the Developer shall provide (or update as appropriate) the City Engineer with a 100-scale base map for addressing purposes. The map shall be drawn on 18-inch by 24-inch mylar and shall show the standard address map title block, north arrow, street names, Tract number, phase boundary and lot numbers. The City will assign all addresses. (DS)
Stormwater
225. The proposed underground stormwater detention and retention facilities shall be located at a minimum of 10-feet away from the property line and structural facilities. (DS)

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226. Developer's Geotechnical Engineer shall perform percolation tests on the exposed bottom of all infiltration chambers immediately prior to facility construction and provide the City with an opinion that the exposed soil layer is suitable for the proposed infiltration facility based on the review of the existing geotechnical reports, percolation tests, infiltration facility design, and characteristics of the exposed soil layer. This requirement shall be clearly noted on the improvement plans. The report shall be reviewed and approved by the Project Civil Engineer. (DS)
227. Stormwater runoff from this project site shall be limited to a post-development discharge of 1 cubic feet per second (CFS)/acre for all events up to a 100-year event and onsite detention shall be provided in conformance with the “Agreement for Storm Water Retention within Rice Road Drain Watershed” and the approved drainage report for Tract 4881. The analysis for the detention and stormwater discharge shall account for the entire project site, including the adjacent street frontages to the street centerline. The detention basin(s) shall be designed in accordance with Public Works standards and policies.

Developer shall include a hydrograph exported from the software or Excel for use in the detention system sizing in accordance with the latest Ventura County Design Hydrology Manual. (DS)
228. The Developer shall provide an executed City Standard Declaration of Restrictive Covenant for Detention Basin Perpetual Maintenance by the property owner prior to the approval of the grading/site improvement plans. (DS)
229. The Developer shall demonstrate to the satisfaction of the City Engineer the flow control design and hydrograph analysis to capture the required retention and detention volumes.

The Developer shall demonstrate that the detention basin discharges or infiltrates the detention volume in 24 hours or less. The retention volume shall be infiltrated in 72 hours or less. If the retention volumes are used for detention purposes, all the retention and detention volumes shall be emptied in 24 hours or less. (DS) 230. The stormwater retention volume shall be computed using the weighted composite C-value and account for the entire project or tributary area. (DS) 231. The onsite stormwater pipeline system, including the final discharge line from the detention system, shall be sized hydraulically to handle the 100-year storm event that accounts for the downstream tailwater elevation or hydraulic grade line from Lockwood Street. The drainage report shall include as-built plans showing the previously established hydraulic grade line. (DS)
232. The onsite drain inlets shall be designed with a 50% clogging factor at depressed locations. (DS)
233. The drainage report for the project shall include an assessment of the upstream stormwater run-on from Freeway 101 into the project and demonstrate how that run-on is handled consistent with the original intent of Tract 4881. (DS)

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234. Developer shall install ‘Full Capture System Devices’ (“Devices”) certified by the State Water Resources Control Board Executive Director in compliance with the Statewide Trash Amendments (“Amendments”) in the flow control structures discharging stormwater runoff offsite from any portion of this project that meets the definition of ‘Priority Land Use’ as defined by the Amendments at the time of issuance of a grading/site improvement permit.

The Devices shall be sized to treat the 1-year 1-hour storm event and designed in accordance with requirements of the Amendments and the Technical Guidance Manual for Stormwater Quality Control Measures (“TGM”). (DS)
Wastewater:
235. Developer shall coordinate with Lockwood 1 and 2 projects (also known as PZ 21-500-01 and PZ 21-500-10) to construct the required downstream sewer improvements outlined in the memo entitled “City of Oxnard Sewer Recommendations – Lockwood 1, 2, and 3” dated February 27, 2024. The required downstream sewer improvements are required due to the additional sewer discharge that will be generated by the Lockwood 1, 2, and 3 projects beyond the previously permitted land use designation. The required sewer improvements identified in the memo include: 1) Upgrading the existing 18-inch vitrified clay pipe (VCP) to 21-inch polyvinyl chloride pipe (PVC) from the sewer manhole MH-R21-100 to MH-R21-103 and 2) upgrading the overcapacity pipes with the ratio flow depth to internal pipe diameter above 0.6 from manhole MH-1 to MH-118. The sewer improvements shall be completed prior to building occupancy. (DS) 236. The sewer system shall be designed with sewer manholes, mains, and laterals located a minimum of 10-feet from all detention and retention basins unless approved otherwise by the City Engineer. The private sewer system shall be labeled clearly on the improvement plans. (DS)
Water:
237. In accordance with City Code, the Developer shall provide separate services and water meters for: 1) residential uses; 2) commercial facilities; and 3) landscape irrigation systems.

The Developer shall properly abandon all existing sewer and water laterals currently extended to the site that will not be used in the final design. Abandonment shall occur at the City main. (DS)
238. Unless there is an existing property owners association with executed Covenants, Conditions & Restrictions (CC&Rs), the Developer shall be responsible for providing irrigation to all proposed trees and landscaping in the parkway. (DS) 239. Developer shall dedicate a 15-foot water easement to the City that encompasses the onsite water system as required by Public Works Standards and as directed by the City Engineer.

The easement shall encompass all fire hydrants, water meters, water mains, and valves.

Unless otherwise approved by the City Engineer, water service lines after the meters and privately owned backflow devices shall be located outside the water easement. Except

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Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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where the City Engineer approves incidental crossings, all other utilities shall be located outside the water easement. (DS)
240. A water system hydraulic report shall be prepared using fire flow data to demonstrate that the required fire flow rate and pressure will be provided to the site fire hydrants. The water system shall provide a minimum of 2,500 gallons per minute (unless the Fire Department requires a higher flow) while still meeting the 20-psi residual pressure while supplying full domestic water demands for the project site. The size of the public water main shall be 8-inches minimum unless the hydraulic calculations dictate a larger main. (DS) 241. Prior to site improvement/grading permit issuance, Developer shall demonstrate to the satisfaction of the City Engineer that the water proposed water demands for the project and associated improvements are within the appropriate ranges for the land use designation originally established under Tract 4881. If the projected water demands exceed the previously established demands, the project shall design and construct water conservation elements for both indoor and outdoor water use to reduce the water demands to the maximum extent feasible consistent with the City’s Water Neutrality Policy. (DS) Trash Enclosure/Waste Collection Rooms:
242. Developer shall construct all trash rooms to include: a) A floor that is substantially level (2% max slope); b) a raised concrete curb on the inside similar to the curb shown on the City Standard trash enclosure; c) a minimum of 11-feet of vertical clearance (to accommodate open and closing of bin covers and chutes); d) a layout design of sufficient size to accommodate the number of storage bins determined necessary by the Environmental Resources Division; e) sufficient unobstructed aisle width to allow for removal of each individual bin; f) vented trash room with electric-powered rollup doors or approved equal. The final design of the trash rooms is subject to the approval of the Environmental Resources Division. (DS)
243. Prior to occupancy, Developer shall submit a proposed trash enclosure/waste room operation plan to the Environmental Resources Division for review and approval, and provide the City Engineer with an approved copy. At a minimum, the proposal shall require onsite maintenance staff who will be responsible for managing the trash rooms, setting out the containers on collection day, rotating the food waste containers, and returning the bins and containers according to the collection schedule. (DS) 244. The property management is responsible for setting out the refuse containers on collection day; the City will not offer push service and will not be responsible for setting out the containers. (DS)
245. The trash servicing and staging areas shall be constructed out of reinforced concrete with a maximum surface slope of 2% in any direction. The design of the service pad shall allow the trucks to service the bins in the site's general circulatory driveway aisle without the

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1089
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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need to drive into the trash enclosure driveway throat. The staging area for the refuse bins shall be outside the 26-foot driveway aisle. (DS)
HOUSING DEPARTMENT CONDITIONS:

Density Bonus Requirements
246. Prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site Owner/Developer shall enter into a Density Bonus agreement with the City in a form approved by the Housing Director and City Attorney ensuring the continued affordability of the thirty-eight (38) units which qualified the applicant for a 50% Density Bonus increase above base density of one hundred and fifty-six (156) units and three (3) Density Bonus Concessions.
247. The Density Bonus agreement shall be recorded in the Office of the Ventura County Recorder. The term of the agreement shall be for a minimum of fifty-five (55) years, the term shall commence upon occupancy of the first unit in the development. 248. The Density Bonus Agreement shall, among other things, specify the number of affordable units by number of bedrooms, level of affordability, collection of an annual report, standards for qualifying household incomes or other qualifying criteria. Owner/Developer hereby agree that fees may be charged to the developer for monitoring, staff time expended for preparation of the Density Bonus agreement and subsequent compliance with said agreement.
249. Pursuant to the Owner/Developer’s Density Bonus requirements, Owner/Developer must make thirty-eight (38) units available for rent to households with annual incomes at or below 80% the Area Median Income (AMI) for Ventura County. (Lower Income) 250. The thirty-eight (38) affordable units must include a mixture of unit types by bedroom count that is proportionate to the same percentage ratio as the market rate units. In order to comply with Density Bonus requirements as well as the City of Oxnard Additive Zone Ordinance 2999 and Inclusionary Housing Ordinance 2980, one (1) studio, three (3) one-bedroom units, three (3) two-bedroom units, and one (1) three-bedroom units must be offered for rent to very-low income households with annual incomes that do not exceed 50% of the AMI for Ventura County, as set forth in California Health and Safety Code 50105. The remaining thirty (30) affordable units must be offered for rent to low income households with annual incomes that do not exceed 80% of the AMI for Ventura County, as set forth in California Health and Safety Code 50079.5, and must include two (2) studios, eleven (11) one-bedroom units, fourteen (14) two-bedroom units, and three (3) three-bedroom units.

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1090
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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251. Prior to offering the affordable units for rent, the Owner/Developer must submit to the Housing Director the proposed rental amounts for the affordable units for review and approval.
252. For Low-Income Households, “Affordable Rent” shall be inclusive of a reasonable utility allowance and not exceed one-twelfth (1/12) times the product of thirty percent (30%) times sixty percent (60%) of area median income adjusted for family size appropriate to the Affordable Unit for households earning less than or equal to sixty percent (60%) of the AMI for Ventura County Metropolitan Statistical Area as set forth in the sections 6918 and 6932 of Title 25 of the California Code of Regulations and as Affordable Rent is defined in California Health and Safety Code 50053 (b)(4), unless another subsidy program is used, in which case the stricter requirement shall be applied. In adjusting rents for household size for this purpose, it shall be assumed that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, and four persons will occupy a three-bedroom unit.
253. For Very-Low Income Households, “Affordable Rent” shall be inclusive of a reasonable utility allowance and not exceed one- twelfth (1/12) times the product of thirty percent (30%) times fifty percent (50%) of area median income adjusted for family size appropriate to the Affordable Unit for households earning less than or equal to fifty percent (50%) of the AMI for Ventura County Metropolitan Statistical Area as set forth in the sections 6918 and 6932 of Title 25 of the California Code of Regulations, unless another subsidy program is used, in which case the stricter requirement shall be applied. In adjusting rents for household size for this purpose, it shall be assumed that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will a two-bedroom unit, and four persons will occupy a three-bedroom unit.
254. Prior to issuance of a certificate of occupancy, Owner/Developer shall obtain written approval from the Housing Department certifying that the required number of affordable units are being provided at Affordable Rents and that a Management Plan, prepared by the Owner/Developer, for the operation and management of the Affordable Rental Units has been submitted to the Housing Department and approved by the Housing Director.

Owner/Developer shall provide a copy of the written approval issued by the Housing Department to the City’s project planner prior to issuance of the certificate of occupancy.

Affordable Housing Additive Zone Requirements
255. Prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of the first building permit for any structure on the site Owner/Developer shall enter into an Affordable Housing Agreement with the City in a form approved by the Housing Director and City Attorney ensuring the continued affordability of at least thirty-two (32) units (20% of the development’s base density), as set forth in Section 16-420E.(A) of the City of Oxnard Additive Zone Ordinance 2999.

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1091
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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256. The Affordable Housing agreement shall be recorded in the Office of the Ventura County Recorder. The term of the agreement shall be for a minimum of 55 years, the term shall begin upon occupancy of the first unit in the development. 257. The 20% affordability requirement shall also comply with the City of Oxnard Inclusionary Housing Ordinance 2980, which requires that eight (8) of the affordable units be made available for rent to very-low income households with incomes at or below 50% of the AMI for Ventura County, as set forth in California Health and Safety Code 50105. The remaining twenty-four (24) affordable units must be made available for rent to low income households with incomes at or below 80% of the AMI for Ventura County, as set forth in California Health and Safety Code 50079.5 and Section 16-420E.(B) of the City of Oxnard Additive Zone Ordinance 2999.
258. The rent for Very-Low and Low-Income Households shall be calculated as described in conditions 252 and 253 above.
259. The thirty-two (32) affordable units must include a mixture of unit types by bedroom count that is proportionate to the same percentage ratio as the market rate units. In order to comply with the City of Oxnard Additive Zone Ordinance 2999 and Inclusionary Housing Ordinance 2980, one (1) studio unit, three (3) one-bedroom units, three (3) two-bedroom units, and one (1) three-bedroom unit must be offered for rent to very-low income households with annual incomes that do not exceed 50% of the AMI for Ventura County, as set forth in California Health and Safety Code 50105. The remaining twenty-four (24) affordable units must be offered for rent to low income households with annual incomes that do not exceed 80% of the AMI for Ventura County, as set forth in California Health and Safety Code 50079.5, and must include two (2) studio units, nine (9) one-bedroom units, eleven (11) two-bedroom units, and two (2) three-bedroom units. 260. Oxnard Preference. To the maximum extent permitted by applicable law, Owner/Developer will establish a preference for the rental of the affordable units to qualified and otherwise eligible households, subject to other restrictions related to funding sources. Preference will be established as follows:
a. Households that live and work in the City of Oxnard. b. Households that live or work in the City of Oxnard; and c. All other households. Developer will prepare and implement a marketing plan intended to offer a first view of housing opportunities of all affordable units to be developed to Oxnard residents and workers. Such a marketing plan will offer such a first view for at least sixty days.

PASSED, APPROVED, AND ADOPTED this 17th day of September 2024, by the following vote:

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1092
Resolution No. _______ (Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and 22-535-03 (Density Bonus))
City Council Date:September 17, 2024

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AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

John Zaragoza, Mayor
ATTEST:
____________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer, City Attorney

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1093

ORDINANCE OF THE CITY OF OXNARD
ORDINANCE NO. 3050

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OXNARD APPROVING PLANNING AND ZONING PERMIT NO.
22-570-01 (ZONE CHANGE) TO ALLOW THE ZONE CHANGE OF THE PROPERTY AT 2151 LOCKWOOD STREET (APN: 213-0-090-275) FROM

BUSINESS RESEARCH PARK (BRP) TO BUSINESS RESEARCH PARK - AFFORDABLE HOUSING DISCRETIONARY (BRP-AHD). FILED BY
MARK ROSS – MANAGER, SVM DEVELOPMENT, 1534 MOORPARK
ROAD #337, THOUSAND OAKS, CALIFORNIA 91360 (THE
“APPLICANT”) ON BEHALF OF SUNBELT ENTERPRISES, LLC,
5715 MESMER AVENUE, LOS ANGELES, CALIFORNIA 90230
(THE “PROPERTY OWNER”).

WHEREAS, on November 2, 2022, Mark Ross (the “Applicant” and/or “Permittee”) submitted a request to approve Planning and Zoning Permit No. 22-570-01 (Zone Change), Special Use Permit (PZ 22-500-04), and Planning and Zoning Permit No. 22-535-03 (Density Bonus); and
WHEREAS, if the aforementioned entitlement applications are collectively approved by the City of Oxnard, the project would be permitted to develop a new five-story, 234-unit, mixed-income, multi-family apartment building and related improvements located on the existing, vacant 5.17-acre property at 2151 Lockwood Street (APN: 213-0-090-275) (“Project”); and
WHEREAS, the proposed Zone Change requests that the City’s Zoning Ordinance Map change the zoning of the subject project site from Business Research Park (BRP) to Business Research Park - Affordable Housing Discretionary (BRP-AHD); and WHEREAS, the City of Oxnard as the Lead Agency, has prepared Final IS/MND 24-01 in accordance with the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines; and
WHEREAS, pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, the Planning Division has prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA, including, without limitation CEQA Guidelines Sections 15070, 15071, 15072, and 15073, which have been incorporated as conditions; and WHEREAS, a Notice of Intent to Adopt an Initial Study and Draft Mitigated Negative Declaration (IS/MND) (MND 24-01) for the Project was published and posted on March 18, 2024, at the State Office of Planning and Research (OPR) website and at the Ventura County Recorder’s Office pursuant to CEQA Guidelines Sections 15072 and 15073; and 1094
Ordinance No. ____ (Planning and Zoning Permit No. 22-570-01 – Zone Change) City Council Date: September 17, 2024

Page 2 of 5 ends

WHEREAS, the public comment period on the Draft IS/MND ran for thirty (30) days commencing on March 18, 2024 and ending on April 17, 2024; and WHEREAS, after the close of the comment period on the IS/MND, the IS/MND was modified as set forth in Chapter 4 of the Response to Comment document; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City has prepared Final IS/MND 24-01 containing all comments received on the Draft IS/MND 24-01, written responses to all substantive comments, and necessary changes to the text of the Draft IS/MND 24-01; and WHEREAS, Section 16-581 of the Oxnard City Code authorizes the Planning Commission to recommend the action to be taken by the City Council on the application for a Zone Change; and
WHEREAS, the City Council has carefully reviewed Planning Commission Resolution No. 2024-19 recommending approval of a Zone Change for the subject project site; and WHEREAS, the City Council is concurrently approving Special Use Permit (PZ 22-500-04) and Density Bonus Permit (22-535-03) develop a new five-story, 234-unit, mixed-income, multi-family apartment building and related improvements located on the existing, vacant 5.17-acre property at 2151 Lockwood Street (APN: 213-0-090-275) subject to approval of the related actions within the Special Use Permits and Density Bonus Permits conditions of approval, respectively; and
WHEREAS, on September 17, 2024, the City Council conducted a duly noticed public hearing to consider the Applicant’s request to approve Planning and Zoning Permit No. 22-570-01 (Zone Change) in accordance with the City’s 2030 General Plan and Oxnard City Code (Sections 16-575 through 16-590 (Zone Change)); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the project meets the criteria set out in the Oxnard City Code; and WHEREAS, the City Council considered Final IS/MND 24-01 prior to taking action on the Project; and
WHEREAS, the Development Advisory Committee (DAC) reviewed the plans on December 14, 2022, and March 1, 2023, and provided conditions of approval for the project that are incorporated within the recommended permits; and
WHEREAS, the City Council finds after due study and deliberation that the public interest and general welfare require the approval of a Zone Change amending the City’s Zoning

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1095
Ordinance No. ____ (Planning and Zoning Permit No. 22-570-01 – Zone Change) City Council Date: September 17, 2024

Page 3 of 5 ends

Ordinance Map to change the zoning of the project site from Business Research Park to Business Research Park - Affordable Housing Discretionary (BRP-AHD); and WHEREAS, the pursuit of the Zone Change is a reasonable exercise of the City’s police powers to ensure the continued health, safety, and welfare of the public by providing housing opportunities for the residents of the City of Oxnard; and WHEREAS, the proposed Zone Change is consistent with the policies and directives in the 2030 General Plan, if the Zoning Ordinance to allow orderly development to those areas that can be served by existing or planned utilities, transportation, and service systems. The proposed Zone Change does not represent a significant change in the 2030 General Plan and Zoning Ordinance nor does it result in significant new environmental impacts that have not been previously evaluated; and
WHEREAS, the Applicant agrees that at its own expense, to indemnify and defend the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this resolution or any actions or proceedings, acts or determinations taken, done or made before the approval of this resolution that were part of the approval process.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD:

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

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

SECTION 3. The City Council finds that the Zone Change will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

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

SECTION 5. The City Council determines that the proposed Zone Change from Business Research Park to Business Research Park - Affordable Housing Discretionary (BRP-AHD) is the best use for the subject project site.

SECTION 6. The City Council determines that the Zone Change is in the best interests and welfare of the City and its residents.

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Ordinance No. ____ (Planning and Zoning Permit No. 22-570-01 – Zone Change) City Council Date: September 17, 2024

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SECTION 7. In adopting this ordinance for the Zone Change, the City Council finds and determines the project is in compliance with the California Environmental Quality Act because an Mitigated Negative Declaration was considered by the City Council, in accordance with the California Environmental Quality Act (CEQA), determines that the Project will not have a significant impact on the environment as identified and discussed in MND 24-01. Pursuant to the California Environmental Quality Act (CEQA) Section 15060, the City of Oxnard as the Lead Agency, has prepared an IS/MND (State Clearinghouse No. 2024030528) in accordance with the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The IS/MND identifies and discusses potential impacts, mitigation measures, and monitoring requirements. With implementation of mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 8. Except as expressly amended herein, the City’s Zoning Ordinance Map shall remain in full force and effect and shall apply to the property affected by this Resolution.

SECTION 9. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 10. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ____ was first read on September 17, 2024, and finally adopted on ____________ to become effective thirty days thereafter.

PASSED AND ADOPTED this ____ day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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1097
Ordinance No. ____ (Planning and Zoning Permit No. 22-570-01 – Zone Change) City Council Date: September 17, 2024

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______________________________ ________________________________ Rose Chaparro, City Clerk John C. Zaragoza, Mayor
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney

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1098
Lockwood III Apartments
1 City Council
September 17, 2024
Planning & Zoning Permit Nos.
● 22-500-04 (Special Use Permit)
● 22-535-03 (Density Bonus Permit)
● 22-570-01 (Zone Change)
Joe Pearson II, AICP, Planning and Environmental Services Manager Community Development Department
1099
Project Description
• The overall project includes a request for the following actions:
○ PZ 22-500-04 - (Special Use Permit)
• 5-story, 234 unit apartment building
• Mixed income, multi-family
• 5.17 acre site
○ PZ 22-535-03 – (Density Bonus)
• 50% density bonus increase over maximum allowable residential density for qualified affordable housing development.
• Concessions and Waivers to modify development standards related to open space requirements, balconies, bedroom locations, setbacks, parking design, and parking reductions.
○ PZ 22-570-01 – (Zone Change)
• Proposed zone change to Affordable Housing Discretionary (AHD) Additive Zone. 2 1100
Aerial-View
Project Location
3 Project Location
Reference North
Subject Site: 2151 Lockwood Street
1101
General Plan & Zoning Maps
Business Research Park Land Use Designation
General Plan Land Use Designation Zoning Designation
Business Research Park (BRP)
4 1102
Background: Planning Commission Hearings
August 1, 2024:
• Public hearing held to consider the following applications:
• 22-500-04 (Special Use Permit)
• 22-535-03 (Density Bonus Permit)
• 22-570-01 (Zone Change)
• Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01 • Pursuant to Oxnard City Code the Planning Commission is the final decision maker for the Special Use Permit and the associated Density Bonus request. • Planning Commission is the recommendation body for the Zone Change. • Staff recommended approval of all project components. 5 1103
Background: Planning Commission Hearings (continued)
August 1, 2024 (Cont.):
• At the public hearing, the Commission heard public testimony, deliberated, and made a Motion to approve the project as they could make all of the Findings required to grant the Special Use Permit and associated Density Bonus. They also recommended that the City Council approve the Zone Change and Final IS/MND.

August 15, 2024
• While, the Zone Change and Final IS/MND were already required to come before the City Council and therefore not subject to appeal, the Appellant filed a timely Appeal application with the City, appealing the Commission’s approval of the Special Use Permit, which could be appealed. Therefore, the entirety of the Project is now before the City Council.
6 1104
Proposed Site Plan
7 Reference
North
1105
Renderings of Proposed Project
Southeast Elevation 8
1106
General Plan Consistency
• The development of the proposed Project furthers many of the policies identified in the 2030 General Plan, as identified in the staff report. Some of the key policies are:
• Sustainable Community Policy 3.1 - New Residential Development • Community Development Policy 1.2 - Infill Development • Community Development Policy 1.4 – Transportation Choices • Community Development Policy 1.5 – Housing Variety
• Community Development Policy 8.5 - Impact Mitigation
• Community Development Policy 16.6 - Provide for a Variety of Housing Choices 9 1107
Zone Change Request
• Property currently zoned as Business Research Park (BRP):
• Intended for professional, administrative, research, limited manufacturing, & supporting commercial activities.
• Request for zone change to Affordable Housing Discretionary additive zone:
• Retains underlying BRP zone but allows residential development up to 30 units per acre. • Affordable Housing Additive Zones:
• City-initiated to promote affordable residential developments. • Aimed at meeting the City's Regional Housing Needs Allocation (RHNA). • City currently in compliance with RHNA goals, with capacity for additional 9,167 units. • Impact of Zone Change:
• Maintains BRP zone but allows residential development, affecting intended uses like office and limited industrial spaces.
• Considers trade-offs between residential development and tax-generating business and job opportunities.
• Project would provide for additional workforce housing, which would serve many of the existing businesses by providing for an expanded employee base. 101108
Zoning Code Compliance
• The Project would be developed under the Business Research Park - Affordable Housing Discretionary (BRP-AHD) zone district, subject to approval of the Zone Change.
• Development tables were incorporated into the staff report showing and comparing applicable development standards for this project.

1. Affordable Housing Discretionary (OCC §16-420A to 16-420I) ➢ Height- up to 5 stories
➢ Density- 30 units/acre

2. Attached Dwelling Unit Development Standards (OCC §16-360 to §16-363)

3. BRP Multiple-Family Zone (OCC §16-43 to 16-48)
111109
Zoning Code Compliance - Density Bonus
12 Density Bonus Concession (3)

1. Remove requirement for useable spaces along parking structure at ground floor level.

2. Interior Yard Space (IYS) reduction 19% (30% required).

3. Patio & Deck minimum size (10 feet X 10 feet required) reduction.

Density Bonus Waivers (3)

1. Allow for building height to increase from a maximum of 56 feet to 68 feet.

2. Allow for a reduction of the front setback 30 feet to approximately 6.5 feet.

3. Allow for landscape planter overhang to be less than 5 feet, but no less than 2 feet.

State Bonus Density Parking Reductions
Provide 351 parking spaces onsite (300 parking spaces Required).

1. 1 spaces per unit for 1 bedroom and 1.5 spaces for 2 or 3 bedrooms. (1 space/1 bedroom & 2 space/2 bedrooms or more required by the OCC).

2. Allow uncovered parking (Garage required by the OCC).

3. Allow for Tandem parking.

4. 0 Visitor parking reduction (one covered space for the first 30 units; 0.5 spaces after 31st unit required by the OCC).
1110
Environmental Review
• In accordance with Section 15060, the City of Oxnard as the Lead Agency, prepared a Mitigated Negative Declaration (MND) in accordance with CEQA and the CEQA Guidelines. • The MND:
• Identified and discussed potential impacts, mitigation measures, monitoring requirements, and residual impacts for identified subject areas.
• Was available for public review from March 18, 2024 to April 17, 2024. • Comment Letters were received during public review period and are included in the Final Draft of the IS/MND, along with responses to each of the comments. • Staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment.
• The IS/MND includes a Mitigation Monitoring and Reporting Program that details the process to implement the required mitigation measures.
131111
Summary of the Appeal
The Appellant filed an appeal with two primary grounds of appeal:

1. “SAFER believes that the City cannot proceed with the Project as Proposed because it fails to meet the City’s required minimum affordability requirement (OMC 16-420).

2. “Additionally, SAFER has submitted substantial evidence of a fair argument that the Project may have potentially significant environmental effects and the MND prepared for the Project does not adequately analyze or mitigate the potentially significant impacts from the Project.”
These grounds are further detailed in the 7 grounds discussed in the following slides. 141112
Appellant’s Grounds of Appeal 1 and Staff Responses
Ground of Appeal 1: “The Project Fails to Satisfy the Minimum Affordable Housing Requirement under the City’s Affordable Housing Additive Zone” Staff Response:

1. The language in the code, which references “all units,” is in reference to the units allowed under the Affordable Housing Discretionary (AHD) Additive zone.

2. This is consistent with the current interpretation of the Inclusionary Ordinance and Density Bonus sections of the OCC, and other prior City approvals of other development projects.
151113
Appellant’s Grounds of Appeal 2 and Staff Responses
Ground of Appeal 2: “The IS/MND Fails to Adequately Describe the Project’s Environmental Setting”
Staff Response:

1. Staff disagrees with Ground of Appeal 2, as the Project’s Environmental Setting was appropriately established pursuant to CEQA. As it relates to biological resources which is the focus of this Ground of Appeal, the setting was established via a review of resource inventory databases and various publications, as well as a site survey by the City’s CEQA consultant’s biologist.

2. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-7 through A-11 and A-24 located in Appendix L to the Final IS/MND.
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Appellant’s Grounds of Appeal 3 and Staff Responses
Ground of Appeal 3: “There is Substantial Evidence of a Fair Argument that the Project May Have Significant Biological Resource Impacts” Staff Response:

1. The City’s CEQA consultant conducted a review of resource inventory databases and various publications, as well as conducted a site survey performed by the consultant’s biologist.

2. The Final IS/MND adequately analyzed all potential Biological Resource impacts pursuant to CEQA and determined that all impacts were less than significant with mitigation incorporated.

3. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-6, A-12, and A-25 located in Appendix L to the Final IS/MND.
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Appellant’s Grounds of Appeal 4 and Staff Responses
Ground of Appeal 4: “There is Substantial Evidence of a Fair Argument that the Project May Have Potentially Significant Air Quality Impacts” Staff Response:

1. An Air Quality and Health Risk Assessment was prepared for this project which adequately analyzes all potential air quality impacts pursuant to CEQA and determined that all impacts were less than significant.

2. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-17 and A-18 located in Appendix L to the Final IS/MND.
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Appellant’s Grounds of Appeal 5 and Staff Responses
Ground of Appeal 5: “There is Substantial Evidence of a Fair Argument that the Project May Have Significant Health Risks from Indoor Air Quality Emissions” Staff Response:

2. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-14, and A-27 through A-35 located in Appendix L to the Final IS/MND.
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Appellant’s Grounds of Appeal 6 and Staff Responses
Ground of Appeal 6: “Installation of Filters to Reduce Significant Impact to a Level Below Significance Constitutes a Mitigation Measure. Use of this Mitigation Measure Must be Reflected in the Mitigation Monitoring and Reporting Program” Staff Response:

1. Air filters are already required for this project pursuant to OCC. The requirement has been incorporated into the project and the requirement is included in the project conditions of approval.

2. Therefore, the filters are part of the project and not required as a mitigation, as the impact would be less than significant with the project, as designed.

3. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-14, A-17, A-28, A-29, A-32, and A-33 located in Appendix L to the Final IS/MND.
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Appellant’s Grounds of Appeal 7 and Staff Response
Ground of Appeal 7: “There is Substantial Evidence of a Fair Argument that the Project May Have Significant Noise Impacts that were inadequately Addressed” Staff Response:

1. A noise study was prepared for this project and noise impacts were analyzed in the Final IS/MND and it was determined that all impacts were less than significant.

2. These topics discussed in this Ground of Appeal are addressed in the Final IS/MND in the response to Comments A-19, A-20, and A-36 through A-42 located in Appendix L to the Final IS/MND.

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Recommendation
Recommendation: That the City Council:
a) Adopt a Resolution adopting Final Initial Study/Mitigated Negative Declaration (Final IS/MND) No. 24-01 for the 2151 Lockwood Street (Lockwood 3) Apartments Project (Governor's Office of Planning and Research State Clearinghouse No. 2024030528); and
b) Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 22-570-01 (Zone Change), subject to certain findings and conditions; and
c) Adopt a Resolution denying the appeal and upholding the Planning Commission’s decision to grant Planning and Zoning Permit No. 22-500-04 (Special Use Permit) and Planning and Zoning Permit No. 22-535-03 (Density Bonus), subject to certain findings and conditions.
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23 CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1
DATE: September 17, 2024
TO: City Council
FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected] SUBJECT: Fifth Amendment to Tyler Technologies Software as an ERP Service Agreement (A-8767), Extending the Contract for Five-Year Term, Expiring October 31, 2029. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize the City Manager to execute a Fifth Amendment with Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) Software as a Service (SaaS) Agreement for a First Renewal for a FiveYear Term for an Amount Not to Exceed $5,800,000 for a New Ten-Year Contract Total of $11,500,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UJEE4f8u35o

BACKGROUND
On October 1, 2019, staff brought to Council a five-year Software as a Service (“SaaS”) Agreement with Tyler Technologies, Inc (Tyler) for a new Enterprise Resource Planning (ERP) system that commenced November 1, 2019 and expires on October 31, 2024. The original agreement was approved by the City Council in the amount of $9,117,985 as part of a total $14,893,817 project cost (including $5,775,832 in additional implementation and hardware costs not payable to Tyler) for a five-year term. The agreement includes the SaaS maintenance fees, implementation fees, and contingency for the purchase and implementation of the ERP system that will continue to modernize the City’s systems.

On November 17, 2020, staff brought to Council the first amendment to the contract, as well a recommendation that Council delegate authority to the City Manager for future Tyler Technologies deductive amendments. Since the original agreement was approved, there have been four amendments to date with a net impact reducing the contract total by just over $700,000, with the most recent amendment approved by Council on July 27, 2023. Staff projects that the City will spend approximately $5.7 million of the original $9.1 million contract value.

Staff recommends a new five-year term with Tyler Technologies to enable the City to continue to use this essential software for modules that have been implemented within the last five years, as well as complete the implementation, and make use of the remaining modules that are at various stages of development and configuration.The original SaaS agreement between the City and Tyler is 762 pages and can be read in full at oxnard.org/ERP. The four previous amendments are attached to this report.

DISCUSSION
An Enterprise Resource Planning system is the central nervous system of any organization, and the City of Oxnard is reliant on the tools and functionality of Tyler Munis, Executime to manage and report all of the city’s financial information including all invoice payments, budgetary control, fixed asset management, grant management, project accounting, general billing, financial reporting and very soon, the calculation and payment of all payroll for all employees (HCM). Furthermore, the City is at various stages of configuration and implementation of additional Tyler modules, provided under this agreement, to update and enhance the city’s planning and licensing operations (EPL), asset 1122
management (EAM) and utility billing functions (UB).

Originally approved in 2019 at $9.1 million, it was anticipated that the City would implement all these modules within the first five year term, however, as staff has communicated to Council in prior Tyler contract amendments, project management contracts and annual ERP reports, the initial assumptions have been updated over the years as the City has learned more about the scope and magnitude of the changes necessary, and during this period, the COVID-19 pandemic significantly impacted all City function, projects, not least the ERP project.

These modifications to the timeframe, project management structure and phasing of implementation had the effect of reducing the amount of resources required under this agreement with Tyler resulting in an anticipated cost of $5.7 million compared to the original contract total of $9.1 million, a reduction in anticipated spending of $3.4 million. Much of this reduction in spend is due to reducing the amount of Tyler consulting services and extending the timelines for the implementation of later phases as the City’s understanding of the complexity of the project evolved. In September 2021, the City hired Kreative Core Technologies (KCT) to provide an assessment of the overall ERP project and provide recommendations on how best to deliver the needed improvements. This report provided a new strategy to which the City has made significant progress, delivering Core Financials in October 2022, and KCT continues to be key strategic partners assisting the City to design solutions for the remaining modules, supporting staff to implement the solutions, as well as providing key IT support. On April 16, 2024 Council unanimously approved a seventh amendment with KCT to continue these services for the City under contract number 9431-21-FN.

At the time of this report, The City has implemented two major phases of the multi-phase project, Core Financials and Executime, with the Human Capital Management (HCM) / Payroll system due to launch in the coming weeks. This amendment is required for the City to continue to operate and record and report financial transactions as is required to ensure accurate and timely information and meet external audit and grant reporting requirements. All three of the remaining phases are underway and anticipated to be implemented within the term of this amendment.

Therefore staff recommends a new five-year term not to exceed $5.45 million for a new contract total of approximately $11.5 million (ten year total) with Tyler to include implementation consulting services, project management, conversion support, hardware and annual software licensing costs. The current agreement sets out a maximum increase that can apply for any extension term of five percent (5%) for the largest portion of the contract, Software as a service (SaaS) fees. Other aspects of the contract are based upon time and materials with current estimates based upon the latest information and progress for the remaining phases to be implemented. Staff anticipates continuing implementation consulting services and Tyler project management over the duration of the implementation phases of the remaining modules; HCM, EAM, EPL and UB anticipated to be completed by September 2027 when the current plan projects the final phase to be live and stable.

The proposed fifth amendment is attached along with all previous amendments. In addition, staff will return to Council for the ERP Annual Update early in calendar year 2025.

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
Funding for the first year of this amendment is included in the Fiscal Year 2024-25 and staff will include the necessary appropriations for future fiscal years as part of those future budgets. Implementation costs are part of a Capital Improvement Program project C2034, funded currently by the General Fund via transfer to the Capital Outlay Fund due to the Aaron Starr lawsuit that prevents the City from issuing bonds. Council had approved a second set of ERP bonds for approximately $9.1 million in October 2022 that would have provided more funding for the ERP project. The Court ruled in favor of the City during its review of this case, however the case is currently under appeal, meaning the City is still unable to issue bonds at this time.

Software licensing fees for modules that have been implemented are charged to the City’s Information Technology 1123
Department in Fund 731, whereby they are subsequently recharged to operating departments via Internal Service Fund recharges as is the case with all enterprise wide software products.

Fiscal Year & Item Cost 2024-25 2025-26 2026-27 2027-28 2028-29 As needed
Total
Saas Fees 841,090 841,090 841,090 841,090 841,090 4,205,450 Proj Mgt 90,000 78,000 72,000 18,000 0 258,000
Implementation Consulting 234,000 280,800 243,360 60,840 0 819,000 Travel/ Conversion /
Hardware Contingency
75,925 434,000 509,925
Total 1,241,015 1,199,890 1,156,450 919,930 841,090 434,000 5,792,373 The table above shows anticipated timings for services including the annual licensing fees (Saas). The implementation of remaining modules is anticipated to be completed by FY2027-28 and as with previous phases, staff anticipate there may be the need to amend plans as implementation begins and staff learn more about the functionality of the remaining modules. It is sensible therefore to carry a contingency that will only be used as needed and directed by project leadership. Staff were in final negotiations with the software vendor at the time of the Finance and Governance Committee on July 23, 2024, and so these details have changed as part of that process. The final agreement is anticipated to be $361,124 higher due to final costs for the licensing, partially offset by a reduction in requested contingency amounts. Staff will return to council should any future additive amendments be necessary.

COMMITTEE OUTCOME
At their July 23, 2024 meeting, the Finance and Governance Committee unanimously approved this item to move forward to City Council at an anticipated contract amendment of $5,431,251.

Prepared by: Mark Sewell, Assistant City Treasurer / Assistant Chief Financial Officer

ATTACHMENTS

1. 8767-19-IT 1st amendment

2. 8767-19-IT 2nd amendment

3. 8767-19-IT 3rd amendment

4. 8767-19-IT 4th amendment

5. 8767-19-IT 5th amendment

6. Fifth Amendment - Tyler ERP Contract Presentation
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1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Oxnard, California, with offices at 305 W. 3rd Street, Oxnard, California 93030 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated October 1, 2019 (“Agreement”); and WHEREAS, the Term of the Agreement expires October 31, 2024 (“Expiration Date”); NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. Project Management Services. The services set forth in the Investment Summary attached hereto as Exhibit 1 are hereby added to the Agreement. Dedicated Project Management services will be billed monthly in arrears, beginning in November 2024.

2. SaaS Services.
a. SaaS Term. The term of the Agreement is hereby renewed for a one (1) year term commencing on the day following the Expiration Date (for the purposes of this Amendment, the “Renewal Term”). After the completion of the Renewal Term, the Agreement will renew automatically for up to four (4) additional one (1) year terms, at the rates set forth in the invoice attached to this Agreement as Exhibit 2, unless terminated in writing by either party at least sixty (60) days prior to the end of the thencurrent term. b. SaaS Fees. SaaS Fees, as detailed in the attached invoice, for year one are invoiced annually in advance, beginning on the commencement date of the Renewal Term.

Subsequent annual SaaS Fees are invoiced annually in advance, beginning on the anniversary of the initial invoice date.
c. Users Limits. The SaaS fees may be based on user limits indicated in the attached invoice and the Agreement, with the invoice controlling in the event of conflict. Should the number of users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.

3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
1145
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Oxnard, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Tina Mize
Group General Counsel
September 3, 2024
1146
Exhibit 1
1 Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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2024-490524-R9T7Y0 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 02/11/25
Quote Name: City of Oxnard - ERP - Project
Management 43 Months
Quote Description: Project Management - 43 Months
Sales Quotation For: Shipping Address:

City of Oxnard
300 West 3rd St.

Oxnard CA 93030-5730
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Monthly Project Management 43 $ 6,000.00 $ 0.00 $ 258,000.00 $ 0.00 TOTAL $ 258,000.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 258,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 258,000.00 $ 0.00
1148
2024-490524-R9T7Y0 CONFIDENTIAL Page 2
Contract Total $ 258,000.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. 1149
2024-490524-R9T7Y0 CONFIDENTIAL Page 3
• Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or 1150
2024-490524-R9T7Y0 CONFIDENTIAL Page 4
more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. 1151
Exhibit 2
1 Exhibit 2
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

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Page
1 of 5
Company Date

PROFORMA
213534 07/31/2024

CITY OF OXNARD
300 W 3RD ST
OXNARD, CA 93030-5738
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 30 USD

CITY OF OXNARD
300 W 3RD ST
OXNARD, CA 93030-5738
United States
1 52540
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost Contract No.: OXNARD, CA
1 Renewal: 1 EA 5,489.40 5,489.40

RECRUITING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months :
2 Renewal: 1 EA 18,524.10 18,524.10

HUMAN RESOURCES & TALENT MANAGEMENT
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 3 Renewal: 1 EA 31,212.30 31,212.30

PAYROLL W/ESS
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 4 Renewal: 1 EA 13,197.45 13,197.45

MAPLINK GIS INTEGRATION
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 5 Renewal: 1 EA 2,836.05 2,836.05

CENTRAL PROPERTY FILE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 6 Renewal: 1 EA 7,918.05 7,918.05

UTILITY BILLING INTERFACE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 7 Renewal: 1 EA 24,595.20 24,595.20

UTILITY BILLING CIS
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 8 Renewal: 1 EA 69,286.35 69,286.35

ACCTG/GL/BUDGET/AP
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 1153
Page
2 of 5
Company Date

PROFORMA
213534 07/31/2024

THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost 9 Renewal: 1 EA 8,998.50 8,998.50

CONTRACT MANAGEMENT
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 10 Renewal: 1 EA 20,785.80 20,785.80

CAPITAL ASSETS
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 11 Renewal: 1 EA 15,237.60 15,237.60

PROJECT & GRANT ACCOUNTING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 13 Renewal: 1 EA 14,547.75 14,547.75

CASH MANAGEMENT
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 14 Renewal: 1 EA 25,974.90 25,974.90

WORK ORDERS, FLEET & FACILITIES MANAGEMENT
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 15 Renewal: 1 EA 35,333.55 35,333.55

PURCHASING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 16 Renewal: 1 EA 17,997.00 17,997.00

ACCOUNTS RECEIVABLE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 17 Renewal: 1 EA 8,397.90 8,397.90

GENERAL BILLING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 18 Renewal: 1 EA 27,595.05 27,595.05

TYLER CASHIERING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 19 Renewal: 1 EA 13,671.00 13,671.00
SOFTWARE - TYLER INCIDENT MANAGEMENT/TYLER 311
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 20 Renewal: 1 EA 12,117.00 12,117.00

TYLER FORMS PROCESSING INCLUDING GODOCS
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 1154
Page
3 of 5
Company Date

PROFORMA
213534 07/31/2024

THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Quantity U/M Unit Price Total Cost 21 Renewal: 1 EA 13,856.85 13,856.85
ePROCUREMENT
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 22 Renewal: 1 EA 8,098.65 8,098.65

IVR GATEWAY
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 23 Renewal: 1 EA 2,999.85 2,999.85

TYLER CONTENT MANAGER AUTO INDEXING AND REDACTION
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 24 Renewal: 1 EA 26,994.45 26,994.45

TYLER CONTENT MANAGER SE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 25 Renewal: 1 EA 4,499.25 4,499.25

TYLER CONTENT MANAGER SELFSERVICE LICENSE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 26 Renewal: 1 EA 143,797.50 143,797.50
Energov - Community Development Suite
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 27 Renewal: 1 EA 17,850.00 17,850.00
Energov - Citizen Self Service - Business Management
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 28 Renewal: 1 EA 17,850.00 17,850.00
Energov - Citizen Self Service - Community Development
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 29 Renewal: 1 EA 25,882.50 25,882.50
Energov - e-Reviews
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 30 Renewal: 1 EA 20,244.00 20,244.00
Energov - Business Management Suite
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 31 Renewal: 1 EA 64,002.75 64,002.75

MUNIS ANALYTICS & REPORTING
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 1155
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Company Date

PROFORMA
213534 07/31/2024

CITIZEN SELF SERVICE
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 40 Renewal: 1 EA 0.00 0.00
Energov - IG Workforce Mobile
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months 41 Renewal: 1 EA 0.00 0.00
Energov - Report Toolkit
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months :
42 Renewal: 1 EA 38,573.85 38,573.85
API Toolkit Bundle
Cycle Start: 11/01/2024, End: 10/31/2025; Term: 12 months :
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Page
5 of 5
Company Date

PROFORMA
213534 07/31/2024

THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: [email protected]
Does not include any applicable taxes Order Total: 820,069.95 Comments: Upon acceptance please email your purchase order to [email protected] 1157
Oxnard, CA Amend 082724
Final Audit Report 2024-09-03
Created: 2024-09-03
By: Stacey Gerard ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAaJ_eYD32aZ-C-_Z_6dqoZHbQbJYfWSQW "Oxnard, CA Amend 082724" History
Document created by Stacey Gerard ([email protected]) 2024-09-03 - 12:38:32 PM GMT- IP address: 163.116.144.98 Document emailed to [email protected] for signature 2024-09-03 - 12:39:10 PM GMT
Email viewed by [email protected]
2024-09-03 - 12:45:23 PM GMT- IP address: 174.203.6.53
Signer [email protected] entered name at signing as Tina Mize 2024-09-03 - 9:54:36 PM GMT- IP address: 136.33.65.155
Document e-signed by Tina Mize ([email protected]) Signature Date: 2024-09-03 - 9:54:38 PM GMT - Time Source: server- IP address: 136.33.65.155 Agreement completed.
2024-09-03 - 9:54:38 PM GMT
1158
Fifth Amendment to Software as a
Service Agreement A-8767 with
Tyler Technologies, Inc.

City Council
September 17, 2024
Mark D. Sewell,
Assistant Chief Financial Officer / Assistant City Treasurer 1159
RECOMMENDATION 2
That City Council:

Approve and authorize the City Manager to execute a Fifth Amendment with Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) Software as a Service (SaaS)
Agreement for a First Renewal for a Five-Year Term for an Amount Not to Exceed $5,800,000 for a New Ten-Year
Contract Total of $11,500,000.

On July 23, 2024, the Finance and Governance Committee
unanimously recommended this contract be renewed.
1160
2016 - City issues RFP for new ERP software
2019 - City Council award a five year agreement with Tyler Technologies, Inc. for ERP, including project management, implementation support, business process engineering and annual licensing fees for a total of $9,117,985. Implementation begins.
2021 - Executime (Electronic Employee Time Entry) Launched. 2022 - Core Financials Launched.
2024 – Implementation continues:

Human Capital Management, Enterprise Planning and Licensing, Enterprise Asset Management and Utility Billing Phases
First Five Year Financials:
$5.7 million anticipated to be spent of the $9.1 million by October 31, 2024.

BACKGROUND
3 1161
ERP projects are extremely complex and learnings
incorporated into planning and execution led to amendments:

Prior Amendments

1. Bid Management module included in initial contract
removed after initial evaluation

2. Business Process Consulting removed from scope.

3. Addition of Data and Insights platform

4. Reduction in scope of some SaaS modules, Testing and restructuring of SaaS fees saving the city $606,502.

FOUR PREVIOUS AMENDMENTS
4 1162
Amendment 5 extends the agreement for an additional five year term.

Anticipated costs for next five years:
• Implementation continues for a number of modules.
• Requires Project Management and Implementation Consulting. • Approx: 5% Contingency ($250k) included for scope / functionality / conversion costs as needed and approved by City project leadership.

Staff will return to Council in the spring with the Annual ERP update.

AMENDMENT 5 – Extending the Term of the Agreement.
5 Contract Allocation $ FY
2024-25
FY
2025-26
FY
2026-27
FY
2027-28
FY
2028-29
As
Needed Total
SaaS Fees $ 841,090 841,090 841,090 841,090 841,090 4,205,450 Project Mgt $ 90,000 78,000 72,000 18,000 258,000
Implementation
Consulting $ 234,000 280,800 243,360 60,840 819,000
Travel / Hardware /
Contingency $ 75,925 As Needed
As
Needed
As
Needed
As
Needed 434,000 509,925
Total $ 1,241,015 1,199,890 1,156,450 919,930 841,090 434,000 5,792,375 1163
RECOMMENDATION 6
That City Council:

On July 23, 2024, the Finance and Governance Committee
unanimously recommended this contract be renewed.
1164
ANY QUESTIONS? 7
1165

Oxnard City CouncilSeptember 17, 2024

Oxnard City Council
September 17, 2024