Agenda packet — Oxnard City Council, April 15, 2025 (part 6 of 6)

700-student elementary school, and a 1,200-student middle school and the proposed Teal Club Specific Plan was revised to remove that 25-acre area from the TCSP area; and WHEREAS, the Recirculated Draft EIR was circulated for a 60-day public review period that began on December 17, 2021 and ended on February 15, 2022; and WHEREAS, after the close of the comment period on the DEIR, the DEIR was modified as set forth in Section 9.0 of the Final EIR, Responses to Comments on the Recirculated Draft EIR; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City has prepared Final EIR No. 2015-01 containing all comments received on the DEIR, written responses to all substantive comments, and necessary changes to the text of the DEIR; and
WHEREAS, Final EIR No. 2015-01 was mailed to commenting agencies, organizations and individuals and made available for public review on or before July 8, 2024.

WHEREAS, the City Council of the City of Oxnard has thoroughly considered Final Environmental Impact Report No. 2015-01 (State Clearinghouse No. 2012051080) (the “EIR”) for the Teal Club Specific Plan, which has been prepared in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, on November 21, 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 EIR; and
WHEREAS, on April 15, 2025, 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 EIR; and
WHEREAS, the comments of the Councilmembers, Commissioners, agencies, interested groups, and members of the public have received adequate responses.

WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected by the City in its discretion) and hold harmless 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. Based on the entire record before the City Council and all written and oral evidence presented, including the Planning Commission Staff Report and all attachments thereto, the City Council:
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Resolution No. _____ (EIR No. 2015-01; Teal Club Specific Plan Environmental Impact Report) City Council Hearing Date: April 15, 2025

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1. Certifies that Final Environmental Impact Report No. 2015-01 is adequate and was completed in compliance with CEQA and the State CEQA Guidelines and reflects the City of Oxnard’s independent judgment and analysis.

2. Finds that the City Council has been presented with all of the information described in the Recitals and Final EIR 2015-01 and has considered this information prior to adopting this Resolution.

3. Approves the Findings of Fact in satisfaction of State CEQA Guidelines Section 15091, which are attached hereto as Exhibit A and incorporated herein by reference

4. Approves the Mitigation Monitoring and Reporting Program contained in the Final EIR in satisfaction of State CEQA Guidelines Section 15091(d), which is attached hereto as Exhibit B and incorporated herein by reference.

5. Approves the Statement of Overriding Considerations contained in the Final EIR in satisfaction of State CEQA Guidelines Section 15093, which is attached hereto as Exhibit A and incorporated herein by reference.

SECTION 2. The City Council, in accordance with the California Environmental Quality Act (CEQA), determines that after implementation of standard conditions and mitigation measures identified in the Final EIR, the project would result in one or more Class I potentially significant and unavoidable impacts and has considered the Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. The Planning & Environmental Services Manager is hereby authorized to file a Notice of Determination with the Ventura County Clerk pursuant to Section 15094 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION 3. All aspects of this Project shall not become effective unless and until the City Council approves the Development Agreement.

SECTION 4. The Secretary shall certify the adoption of this Resolution. (signatures on following page)
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Resolution No. _____ (EIR No. 2015-01; Teal Club Specific Plan Environmental Impact Report) City Council Hearing Date: April 15, 2025

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PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Luis A. McArthur, Mayor
ATTEST:
____________________________
Luly Lopez, City Clerk
APPROVED AS TO FORM:
_____________________________
Stephen M. Fischer, City Attorney
Exhibits:

Exhibit A: Findings of Fact and Statement of Overriding Considerations Exhibit B: Mitigation Monitoring and Reporting Program
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CEQA Findings and Statement of Overriding
Considerations
for
Teal Club Specific Plan
Pursuant to CEQA Sections 15091 and 15093
and Public Resources Code Section 21081
The Final Environmental Impact Report (Final EIR) prepared by the City of Oxnard (City) for the Teal Club Specific Plan (“the project”) identifies significant environmental impacts that will result from implementation of the project. The City finds that the inclusion of certain mitigation measures as part of project approval will reduce all but the following significant impacts to levels that are less than significant: air quality and agricultural resources. No feasible mitigation measures have been identified to reduce these impacts to a less-than-significant level or mitigation measures have been identified but would not reduce impacts to a level of less than significant; these impacts will remain significant unavoidable impacts of the project. These impacts will be overridden due to specific considerations that are described within this document.

As required by the California Environmental Quality Act (CEQA), the City, in adopting these CEQA Findings and Statement of Overriding Considerations, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the project. The City finds that the MMRP, which is incorporated by reference, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project. In accordance with CEQA and the CEQA Guidelines, the City adopts these findings as part of the project approval. Pursuant to Public Resources Code Section 21082.1(c)(3), the City also finds that the Final EIR reflects the City’s independent judgment as the lead agency for the project. 1227
Table of Contents

CEQA Findings of Fact and Statement of Overriding Considerations i Table of Contents
1 Introduction .................................................................................................................................... 1

1.1 Statutory Requirements for Findings ................................................................. 1

1.2 Procedural Findings ............................................................................................ 2

1.3 Findings Required Under CEQA .......................................................................... 3

1.4 Record of Proceedings ........................................................................................ 3

1.5 Findings ............................................................................................................... 4 2 Project Description ......................................................................................................................... 5

2.1 Project Objectives ............................................................................................... 5

2.2 Project Summary ................................................................................................ 6

2.3 Alternatives ......................................................................................................... 6 3 Effects Determined to be Mitigated to Less than Significant Levels .............................................. 8

3.1 Aesthetics ........................................................................................................... 8

3.2 Agricultural Resources ........................................................................................ 9

3.3 Air Quality ........................................................................................................... 9

3.4 Biological Resources .........................................................................................12

3.5 Geology and Soils ..............................................................................................13

3.6 Hazards and Hazardous Materials ....................................................................15

3.7 Hydrology and Water Quality ...........................................................................18

3.8 Land Use and Planning ......................................................................................18

3.9 Public Services and Recreation .........................................................................20

3.10 Utilities ..............................................................................................................21 4 Significant Effects that Cannot be Mitigated to a Less than Significant Level ..............................24

4.1 Agricultural Resources ......................................................................................24

4.2 Air Quality .........................................................................................................25

4.3 Cumulative Impacts ..........................................................................................27 5 Feasibility of Project Alternatives .................................................................................................29

5.1 Alternative 1: No Project – No Development Alternative ................................29

5.2 Alternative 2: Phase 1 Development Only ........................................................30

5.3 Alternative 3: Reduced Intensity ......................................................................30

5.4 Environmentally Superior Alternative ..............................................................31 6 Statement of Overriding Considerations ......................................................................................32 7 Conclusion.....................................................................................................................................34

7.1 Incorporation by Reference ..............................................................................34

7.2 No Recirculation of the Recirculated Draft EIR is Required ..............................34

7.3 Summary ...........................................................................................................34

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Introduction

CEQA Findings of Fact and Statement of Overriding Considerations 1 1 Introduction

1.1 Statutory Requirements for Findings
This statement of findings addresses the potentially significant environmental impacts associated with the proposed Teal Club Specific Plan (TCSP) (“proposed project”) located in the City of Oxnard and is made pursuant to Section 15091 of the California Environmental Quality Act Guidelines (CEQA Guidelines), which provides that:
(a) No public agency will approve or carry out a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) will be supported by substantial evidence in the record.

Section 15092 of the CEQA Guidelines further stipulates that:
(b) A public agency will not decide to approve or carry out a project for which an EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or (2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093.

As required by CEQA, the City of Oxnard, in adopting these findings, must also adopt a Mitigation Monitoring and Reporting Program (MMRP) for the project. The MMRP, which is incorporated by reference and made a part of these findings, meets the requirements of Section 15097 of the CEQA Guidelines by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project.
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2 Whenever these findings specifically refer to a mitigation measure that will avoid or mitigate a potentially significant impact, that specific mitigation measure is hereby made a specific condition of approval of the Teal Club Specific Plan.

1.2 Procedural Findings
The City Council of the City of Oxnard finds as follows.

Based on the nature and scope of the Teal Club Specific Plan, the City Council of Oxnard determined, based on substantial evidence, that the Teal Club Specific Plan may have a significant effect on the environment and prepared an EIR. The EIR was prepared, noticed, published, circulated, reviewed and completed in full compliance with the CEQA Public Resources Code Sections 21000 et seq. CEQA and the CEQA Guidelines (14 California Code of Regulations Sections 15000 et. Seq.), as follows.

On May 18, 2012 the City of Oxnard circulated a Notice of Preparation (NOP) for a 45-day comment period to help identify the types of impacts that could result from the proposed project, as well as potential areas of controversy. The NOP was filed with the County Clerk and mailed to public agencies (including the State Clearinghouse and the California Department of Transportation), and nearby addresses. Comments received by the City on the NOP were taken into account during the preparation of the Draft EIR.

The original Draft EIR was made available on the City’s website for public review on August 3, 2015.

The Notice of Availability of a Draft EIR was posted with the County Clerk, mailed to local, regional, state, and other public agencies (including the State Clearinghouse and the California Department of Transportation), and nearby property owners and occupants. Hard copies of the Draft EIR were available for public review upon request. The Draft EIR public comment period began on August 3, 2015 and ended on October 5, 2015. The City received 29 comment letters on the Draft EIR. In addition to written comments, verbal comments were received at the Planning Commission hearing of September 3, 2015. One of the commenters on the Draft EIR was Dr. Cesar Morales, Superintendent of Schools for the Oxnard School District (OSD). In the comment letter, Superintendent Morales explained that the Facilities Implementation Program Semi-Annual Report adopted by the OSD in January 2015 provided for the acquisition of a 20-25 acre site at the corner of Doris Avenue and Patterson Road within the TCSP area to develop school facilities. The proposed Specific Plan was put on hold pending a decision on the school site by OSD. While the proposed Specific Plan was on hold, the Draft EIR that was circulated in 2015 was not finalized and was not certified.

In February 2019, the OSD Board of Trustees approved a 25-acre parcel in the original TCSP area for development of a district office, a 700-student elementary school, and a 1,200-student middle school (although the OSD Board of Trustees approved the project, the land use permit approval from the City of Oxnard has not yet occurred). In response, the proposed Teal Club Specific Plan has been revised to remove that 25-acre area from the TCSP area. The revised TCSP would not include 58,000 square feet for a new school, fire station, and park as originally analyzed in the original 2015 EIR.

This Recirculated Draft EIR analyzes the effects associated with the revised TCSP, taking into account changes to the environmental and regulatory setting and taking into account comments that were received in the original Draft EIR circulated in 2015. The Recirculated Draft EIR was circulated for a 60-day public review period that began on December 17, 2021 and ended on February 15, 2022. The City of Oxnard (City) received 39 comment letters on the Recirculated Draft EIR. 1231
Introduction

CEQA Findings of Fact and Statement of Overriding Considerations 3 Subsequent to the end of the public review period for the Recirculated Draft EIR, and consistent with the requirements of Section 15088(a) of the CEQA Guidelines, the City of Oxnard, as the Lead Agency, has considered the public comments received on the Recirculated Draft EIR for the project and has prepared written responses to each of the comments received relative to environmental issues.

Pursuant to Section 15132 of the CEQA Guidelines, the Final EIR consists of the following:
(a) The Recirculated Draft EIR, including all of its appendices. (b) A list of persons, organizations, and public agencies commenting on the Recirculated Draft EIR.
(c) Copies of all letters received by the City during the Recirculated Draft EIR public review period and responses to significant environmental points concerning the Recirculated Draft EIR raised in the review and consultation process.
(d) Any other information added by the Lead Agency.

1.3 Findings Required Under CEQA
The City Council (the final decision-making body) of the City of Oxnard (the CEQA Lead Agency) will determine whether to certify the EIR for the Project. Because the Recirculated Draft EIR identified a potentially significant environmental impact, the City Council must also make certain “findings” as part of its action to certify that the EIR has been completed in compliance with CEQA and to approve the Teal Club Specific Plan. Pursuant to CEQA Guidelines Section 15091 and CEQA Guidelines Section 21081, no public agency shall approve or carry out a project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are:
▪ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. ▪ Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ▪ Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

1.4 Record of Proceedings
For purposes of CEQA and the findings set forth herein, the record of proceedings for the City’s decision on the proposed project consists of: a) matters of common knowledge to the City, including, but not limited to, federal, State and local laws and regulations; and b) the following documents which are in the custody of the City:
▪ Notice of Preparation and other public notices issued by the City in conjunction with the proposed project (see Appendix A of the Recirculated Draft EIR for the Notice of Preparation); 1232
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4 ▪ The Draft EIR dated August 2015 and supporting documentation prepared for the proposed project and Appendices A through K and all documents cited, incorporated by reference, or referred to therein;
▪ The Recirculated Draft EIR and supporting documentation prepared for the proposed project (Recirculated Draft EIR dated December 2021 and Appendix A through K), and all documents cited, incorporated by reference, or referred to therein; ▪ The written and verbal comments and documents submitted to the City by agencies, organizations, and members of the public (before, during, and after the close of the public comment periods.);
▪ The Mitigation Monitoring and Reporting Program;
▪ The Final EIR for the Teal Club Specific Plan dated March 2023 and all documents cited, incorporated by reference, or referred to therein;
▪ All findings and resolutions adopted by the City in connection with the proposed project, and documents cited or referred to therein;
▪ The City of Oxnard General Plan;
▪ Minutes or verbatim transcripts of information and study sessions, workshops, public meetings, and public hearings held by the City in connection with the proposed project; and ▪ Any other materials required to be in the record of proceedings by public Resources Code section 21167.6, subdivision (e).

The location and custodian of the documents and other materials that constitute the record of proceedings are:

City of Oxnard
Planning Division
214 South C Street
Oxnard, California 93030
Contact: Jay Dobrowalski, Planning Supervisor, (805) 385-3948

1.5 Findings
The Final EIR is incorporated into these findings in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Teal Club Specific Plan in spite of the potential for associated significant and unavoidable adverse impacts.

For the purposes of these findings, the impact discussions include the relevant policies and actions, as well as the separate mitigation measures imposed to reduce the impacts where the policies did not result in a less than significant impact. In the findings that follow, impact numbers are provided.

The impact numbers correspond to sections of the Final EIR that contain an expanded discussion of impacts. Please refer to the referenced impact sections of the Final EIR for more detail.

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Project Description

CEQA Findings of Fact and Statement of Overriding Considerations 5 2 Project Description
This section lists the objectives of the proposed project, provides a brief description of the project, and lists the project alternatives evaluated in the Recirculated Draft EIR.

2.1 Project Objectives
The TCSP Project Proponent’s objectives of the project are to:
1) Create an integrated land, transportation, and infrastructure plan that allows for a mix of residential, mixed-use and commercial development to minimize the need for short distance single-person vehicle trips both within the project and within the City. 2) Provide a balance and economic match, to the extent feasible, between on-site housing and employment opportunities.
3) Create an integrated vehicular, pedestrian and bicycle circulation system that connects residential, industrial and commercial uses within the project. 4) Create recreational opportunities accessible to the neighborhood and City of Oxnard. 5) Establish land uses that permit a range of housing opportunities with varying densities, types, styles, prices and tenancy characteristics including compliance with the 2030 General Plan Housing Element affordability requirements.
6) Adopt design guidelines and regulations to provide for consistent and orderly implementation of the plan.
7) Provide development and transitional land use patterns that do not conflict with surrounding land uses and neighborhoods.
8) Avoid leapfrog development and accommodate projected growth in a location adjacent to existing infrastructure, urban services, existing circulation elements and community facilities. 9) Minimize traffic trips by providing a variety of neighborhood services in the commercial area of the project.
10) Establish development regulations to ensure residential neighborhoods are compatible with the surrounding area and all proposed land uses are properly integrated or buffered, as appropriate.
11) Access the City’s Advanced Water Purification program for non-potable water uses. 12) Provide an adequate buffer between the TCSP area and agricultural uses to the west on both an interim and permanent basis, as needed.
13) Utilize commercial land uses to buffer the TCSP area from the Oxnard Airport to the south. 14) Provide bike and trail linkages between the TCSP area and existing facilities. 15) Provide a mix of land uses that are financially independent, sustainable, and not a fiscal burden on the General Fund of the City of Oxnard.
16) Ensure appropriate phasing and financing for community facilities including street and road improvements, water, urban runoff and flood control facilities, and parks. 1234
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6 17) Create neighborhoods with lasting value by setting high quality standards for residential and commercial land development and related public improvements. 18) Comply with the State of California’s “Build it Green” standards.

The City of Oxnard’s objectives of the project are to:
1) Develop a project consistent with the 2030 General Plan and other adopted and relevant City policies and capital improvement plans and programs.
2) Incorporate innovative, feasible, flexible features that assist the City in implementing relevant 2030 General Plan and related environmental, economic development, and planning goals, policies, and programs.

2.2 Project Summary
The proposed project involves the adoption of a Teal Club Specific Plan (TCSP), a Specific Plan that would involve residential, commercial, and park uses on the 149.72-acre area Teal Club Specific Plan area (“TCSP area”). The TCSP area includes seven agricultural parcels currently in active agricultural production, two of the parcels (seven acres) are located within the City of Oxnard and five parcels (142.72 acres) are in the County of Ventura. Therefore, the proposed project would also involve Pre- Zoning that would allow for the Annexation of a 142.72-acre collection of five agricultural parcels to the City of Oxnard (City), Annexation approval by the Ventura County Local Agency Formation Commission (LAFCo), and Annexation to the Calleguas Municipal Water District (CMWD) and Metropolitan Water District (MWD). The TCSP area is also within the land use planning area for the Oxnard Airport and would require approval by the Ventura County Airport Land Use Commission.

The TCSP would involve development on the 149.72-acre area north of Teal Club Road (known locally as “Teal Club”). Development of the TCSP area would involve construction of up to 990 single and multifamily residential units (of which approximately 148 would be affordable housing units); development of up to 132,000 gross square feet (gsf) of business park; up to 60,000 square feet of Urban Village commercial space; 17.76 acres of community and neighborhood parks and open space; new and widened on- and off-site arterials and collector streets; utility infrastructure including complete recycled water irrigation; resident and visitor parking; bicycle and pedestrian paths and sidewalks; bus transit stops; various pocket parks and resident recreation areas; and landscaping within the individual residential projects. In compliance with the LAFCo policy to avoid creating unincorporated islands, the project includes Annexation of 11.4 acres (9 parcels) south of Teal Club Road that would be Pre-Zoned Light Manufacturing (M-1) with capacity for up to 347,608 gsf of manufacturing uses. The project site is entirely within the Oxnard City Urban Restriction Boundary (CURB) and, therefore, does not require voter approval to adopt the proposed TCSP, Pre- Zoning, and Annexations. Overall, the entire project area is 161.12 acres (149.72-acre TCSP area plus the 11.4-acre additional Annexation area).

2.3 Alternatives
Based on the project objectives and anticipated environmental consequences, and pursuant to CEQA Guidelines Section 15126.6, the following project alternatives were selected for analysis:
▪ Alternative 1: No Project - No Development
▪ Alternative 2: Phase 1 Development Only
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CEQA Findings of Fact and Statement of Overriding Considerations 7 ▪ Alternative 3: Reduced Intensity
A more detailed description of these alternatives, and required findings, are set forth in Section 5, Feasibility of Project Alternatives.
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8 3 Effects Determined to be Mitigated to Less
than Significant Levels
The Recirculated Draft EIR identified certain potentially significant effects that could result from the project. However, the City finds, for the reasons stated in the EIR, that mitigation identified in the Recirculated Draft EIR and Initial Study would reduce impacts to less than significant levels. The City finds that all the mitigation measures described below are feasible and agrees to adopt them as conditions of approval for the project. Accordingly, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR and adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less than significant levels. These mitigation measures will effectively be part of the project.

3.1 Aesthetics
Impact AES-2
Scenic resources in the project area consist of farmland and tree windrows along the eastern boundary of the project area. These resources help define the project area’s visual character and quality. Implementation of the proposed project would replace these visual resources with urban development. Therefore, the project would both eliminate scenic resources and substantially alter the visual character and quality of the site. However, impacts would be Class II, significant but mitigable.

Mitigation Measure AES-2 Windrows in Project Landscaping.

A windrow shall be created throughout the length of the Beverly Drive greenbelt. In addition, in order to reinforce the project’s boundaries, windrows shall be created between the project area and the proposed school project, which abuts the project area, and between the Phase 1 and Phase 2 boundaries. The windrows shall be designed to emulate traditional regional windrows originally planted for farming operations, including spacing of trees and tree species of like stature as determined by the Community Development Director. The windrow plan shall be submitted for review and approval by the Oxnard Planning Department prior to issuance of grading permits or building permits in the TCSP area. The windrows shall be maintained for the life of the project, including necessary irrigation and protection for tree establishment and tree maintenance and replacement to maintain the aesthetic look and tree safety for the life of the project.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts to scenic resources would be mitigated to a less than significant level with incorporation of the required mitigation measure.
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Effects Determined to be Mitigated to Less than Significant Levels

CEQA Findings of Fact and Statement of Overriding Considerations 9

3.2 Agricultural Resources
Impact AG-2
Development of non-agricultural uses in the TCSP area could potentially cause compatibility conflicts with on-site and nearby agricultural uses. Impacts would be Class II, significant but mitigable.

Mitigation Measure AG-2 Agricultural Buffers
TCSP development adjacent to active agricultural operations shall provide fencing and a minimum buffer of 300 feet to the agricultural operations, consistent with the Ventura County Agricultural Commissioner’s Agricultural/Urban Buffer Policy (2006). If this distance is not practical due to project design or features, a minimum 150-foot buffer is acceptable if a vegetative screen is provided as specified in the Agricultural/Urban Buffer Policy. Consistent with Mitigation Measure AES-2, vegetative screens shall be windrows designed to emulate traditional regional windrows originally planted for farming operations, including spacing of trees and tree species of like stature as determined by the Community Development Director.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts to agricultural operations would be mitigated to a less than significant level with incorporation of the required mitigation measure.

3.3 Air Quality
Impact AQ-1
Project construction would generate temporary air pollutant emissions of ozone precursors ROG and NOX, as well as fugitive dust (PM10 and PM2.5). VCAPCD recommends that lead agencies include mitigation measures to reduce construction emissions; therefore, temporary construction-related air quality impacts would be Class II, significant but mitigable Mitigation Measure AQ-1(a) Dust Control Measures
The following shall be implemented during grading and construction to control dust.

1. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of dust.

2. Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavating activities. Application of water (preferably reclaimed, if available) should penetrate sufficiently to minimize fugitive dust during grading activities.

3. Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities:
a. All trucks shall be required to cover their loads as required by California Vehicle Code Section 23114.
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10 b. All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site 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.

4. Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area within three weeks, it shall be seeded and watered until grass growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust.

5. Signs shall be posted on-site limiting traffic to 15 miles per hour or less.

6. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to affect adjacent properties), all clearing, grading, earth moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust from being an annoyance or hazard, either off-site or on-site.

7. Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads.

8. Personnel involved in grading operations, including contractors and subcontractors, shall wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations.

9. Shaker plates shall be installed at all truck exits from the site.

10. Dust control requirements shall be shown on all grading plans.

11. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible off the site: (805) 303-3708 during business hours and (805) 303-3700 after hours.

Mitigation Measure AQ-1(b) Construction Equipment Controls The following shall be implemented during construction to minimize emissions of ozone precursors.

1. Construction contractors shall minimize equipment idling time throughout construction.

Engines shall be turned off if idling would be for more than five minutes.

2. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers’ specifications.

3. The number of pieces of equipment operating simultaneously shall be minimized.

4. Construction contractors shall use alternatively fueled construction equipment (such as compressed natural gas, liquefied natural gas, or electric) when feasible.

5. The engine size of construction equipment shall be the minimum practical size.

6. Heavy-duty diesel-powered construction equipment manufactured after 1996 (with federally mandated clean diesel engines) shall be utilized wherever feasible. 1239
Effects Determined to be Mitigated to Less than Significant Levels

CEQA Findings of Fact and Statement of Overriding Considerations 11

7. During the smog season (May through October), the construction period should be lengthened so as to minimize the number of vehicles and equipment operating at the same time

8. Use of minimum of Tier 4 diesel rating for off-road construction equipment and engine model year 2010 and above for on-road construction vehicles.

Mitigation Measure AQ-1(c) Low Volatile Paints
Low volatile interior and exterior paints (less than 50 g/L ROC/VOC) shall be used for architectural coatings wherever painted surfaces are proposed.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Construction-related air quality impacts would be mitigated to a less than significant level with incorporation of the required mitigation measure.

Impact AQ-4
The proposed project would not generate population growth beyond AQMP forecasts. It would not inhibit the City’s ability to meet the goals of its EAP with implementation of energy efficiency measures described in Impact AQ-2. Impacts relating to AQMP and EAP consistency are therefore considered Class II, significant but mitigable.

Mitigation Measure AQ-2 (b) Increased Efficiency
Applicants for all projects in the TCSP area and in the nine parcels south of Teal Club Road proposed for Annexation shall include in construction and building management contracts the following energy saving requirements, or measures shown to be equally effective:
• Residential and commercial land use shall increase efficiency 15% beyond Title 24 to achieve a Tier 1 “green building” designation within the California Green Building Code, or equivalent as determined by the Community Development Director. • Use of solar or low-emission water heaters in new buildings. • Require that commercial landscapers providing services at the common areas of the TCSP area use electric or battery-powered equipment, or other internal combustion equipment that is either certified by the California Air Resources Board or is three years old or less at the time of use, to the extent that such equipment is reasonably available and competitively priced in Ventura County (meaning that the equipment can be easily purchased in stores in Ventura County and the cost of the equipment is not more than 20% greater than the cost of standard equipment).

Applicants for all projects in the TCSP area shall provide documentation of energy savings associated with materials proposed for use at time of building permit application.

Mitigation Measure AQ-2 (c) Passive Energy Conservation Design Applicants for all projects in the TCSP area and the nine parcels south of Teal Club Road proposed for Annexation shall include passive energy conservation design elements, including 1240
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12 building material massing, orientation, architectural elements (deeply recessed windows, eave overhangs, etc.), landscape shading, recycled or low-impact materials, window glazing to increase insulation, and water circulation pumps to reduce water use, and/or similar measures shown to be equally effective.

Applicants for all projects in the TCSP area and the nine parcels south of Teal Club Road proposed for Annexation shall provide documentation of energy savings associated with materials and methods proposed for use at time of building permit application. These documents shall be reviewed by City staff for achievement of adequate energy conservation Mitigation Measure AQ-2 (d) Natural Ventilation
Applicants for all projects in the TCSP area and the nine parcels south of Teal Club Road proposed for Annexation shall include natural ventilation in building design plans.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Construction-related air quality impacts would be mitigated to a less than significant level with incorporation of the required mitigation measures.

3.4 Biological Resources
Impact BIO-1
Within the TCSP area, the additional Annexation area, and where Teal Club Road and Patterson Road will be widened, construction during the bird nesting season could directly or indirectly affect nesting birds protected under the Migratory Bird Treaty Act and the CFGC 3503. This is a Class II, significant but mitigable, impact.

Mitigation Measure BIO-1(a) Nesting Bird Survey
If tree removal is to occur during the bird-breeding season (February 15 through September 15), at a minimum one (1) survey shall be conducted prior to tree removal by a qualified biologist (a person with a biology degree and/or established skills in bird recognition). The survey shall occur no more than one (1) week prior to tree removal. The work limits plus a 250-foot buffer, as feasible, shall be surveyed to accommodate potential active raptor nests, as well as other birds nesting nearby. A copy of the biologist contract for these services shall be submitted to the Planning Department for review and approval prior to issuance of grading permits. A report summarizing the findings of the survey and the recommended buffers shall be provided to the Planning Department prior to vegetation removal activities.

Mitigation Measure BIO-1(b) Establishment of Appropriate Buffers In the event that nesting birds are observed within 250 feet of the disturbance/construction area, species-specific exclusionary buffers shall be determined by the qualified biologist, and construction timing and location shall be adjusted accordingly until the nestlings have fledged and are no longer dependent upon the nest. The active nests and exclusionary buffers shall be monitored by a qualified biologist (at least initially) to determine if the active nests are being 1241
Effects Determined to be Mitigated to Less than Significant Levels

CEQA Findings of Fact and Statement of Overriding Considerations 13 adversely affected by construction activities and to determine if a buffer would need to be increased to reduce such effects.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to nesting birds would be mitigated to a less than significant level with incorporation of the required mitigation measure.

Impact BIO-2
California horned lark and monarch butterflies, both locally sensitive animal species, were not observed on-site during site surveys but may occur within the project area. If present during construction, individuals could potentially be adversely affected. However, impacts to these species would not substantially reduce the populations or affect population sustainability. This is a Class II, significant but mitigable, impact.

Mitigation Measures BIO-1(a-b)
Discussed above under Impact BIO-1.

Mitigation Measure BIO-2(a) Monarch Butterfly Survey
If tree removal occurs during the aggregation season (September through December), a qualified biologist (a person with a biology degree and/or established experience with butterflies) shall determine the presence/absence of monarch butterfly activity on-site. At a minimum, one survey shall be performed no more than one week prior to initial tree removal. A copy of the biologist contract for these services shall be submitted to the Planning Department for review and approval prior to issuance of grading permits. A report summarizing the findings of the survey and the recommendations shall be provided to the Planning Department prior to tree trimming/removal activities.

Mitigation Measure BIO-2(b) Establishment of Appropriate Buffers If temporary aggregation activity is observed, a 100-foot buffer shall be established until after the aggregation season or until the monarchs have left the site.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts to horned lark and monarch butterflies would be mitigated to a less than significant level with incorporation of the required mitigation measure.

3.5 Geology and Soils
Impact GEO-2
The TCSP area and additional Annexation area is within a State designated Liquefaction Hazard Zone. In addition, near-surface alluvial soils in the project area are not considered suitable to 1242
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14 support structures and expansive soils may be present. However, geotechnical engineering solutions are available to remediate these issues, and development of the residential and other uses envisioned in the TCSP and additional annexation area would be feasible from a geotechnical perspective. Mitigation Measure GEO-2 would reduce impacts to a Class II, significant but mitigable, level.

Mitigation Measure GEO-2 Geotechnical Recommendations
All recommendations contained within the TCSP geological “due diligence” investigation conducted by Geolabs in 2004 (Appendix D of this EIR) shall be followed for future development proposals within the TCSP area and annexation area south of Teal Club Road. These recommendations include the following, unless superseded by a project-specific geotechnical report reviewed and approved
• A uniform blanket of compacted fill shall be created for support of structural footings in the alluvial area.
• Areas that are to be paved shall be scarified to at least 12 inches below existing or rough grade (whichever is deeper), brought to near material’s optimum moisture content, and compacted to appropriate relative compaction.
• Areas with disturbed materials and areas to support structures shall be improved by over excavating the unsuitable materials and replacing them with engineered fill. • Any import materials that are to be used as structural fill shall be approved by a qualified geotechnical engineer prior to placement.
• Compressible soils that lie within areas to receive engineered fill shall be removed to relatively incompressible material, moisture conditioned, and replaced as properly compacted fill.
• Conduct laboratory testing to verify the expansive properties of the near-pad-grade materials shall be performed at the completion of rough grading.

Supplemental subsurface investigations shall be performed for each specific development project within the project area to more thoroughly evaluate the materials within the site and update/augment the measures listed above as appropriate. These reports shall be submitted for City review and approval prior to issuance of grading or building permits within the project area. All recommendations of the supplemental investigations shall be incorporated into approved grading and construction plans.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to liquefaction would be mitigated to a less than significant level with incorporation of the required mitigation measure.
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CEQA Findings of Fact and Statement of Overriding Considerations 15

3.6 Hazards and Hazardous Materials
Impact HAZ-2
Development of the TCSP and additional parcels to be annexed would require the demolition of structures that could contain asbestos or lead based paints. Demolition of these buildings, if these materials are present, could potentially expose workers to hazards that would adversely affect human health and safety. Also, buried asbestos-cement (“transite”) water pipes contain asbestos.

However, compliance with both locally adopted Ventura County Air Pollution Control District (VCAPCD) and State regulations regarding the handling and disposal of these materials would reduce these potential impacts to Class II, significant but mitigable.

Mitigation Measure HAZ-2(a) Asbestos and Lead Based Paint Surveys Prior to issuance of a demolition permit for any structure, a lead-based paint and asbestos survey shall be performed by a qualified and appropriately licensed professional and submitted to the City. All testing procedures shall follow recognized local standards as well as established California and Federal assessment protocols. The lead-based paint and asbestos survey report shall quantify the areas of lead –based paint and asbestos containing materials.

Mitigation Measure HAZ-2(b) Asbestos Abatement
Prior to any demolition or renovation, onsite structures that contain asbestos must have the asbestos containing material removed according to proper abatement procedures recommended by the asbestos consultant and as required by the VCAPCD. All abatement activities shall be in compliance with California and Federal OSHA, and with the VCAPCD requirements. Only asbestos trained and certified abatement personnel shall be allowed to perform asbestos abatement. All asbestos containing material removed from onsite structures shall be hauled and disposed of by a transportation company licensed to handle asbestos- containing materials and disposed of at a licensed receiving facility and under proper manifest.

Following completion of the asbestos abatement, the asbestos consultant shall provide a report documenting the abatement procedures used, the volume of asbestos containing material removed, where the material was disposed. This report shall include transportation and disposal manifests or dump tickets. The abatement report shall be prepared for the property owner or other responsible party, with a copy submitted to the VCAPCD and the City of Oxnard.

Mitigation Measure HAZ-2(c) Lead Based Paint Removal
Prior to the issuance of a permit for the renovation or demolition of any structure, a licensed lead- based paint professional shall be contracted to evaluate the structure for lead-based paint.

If lead-based paint is discovered, it shall be removed according to proper abatement procedures recommended by the consultant and in accordance with VCAPCD, State of California and Federal requirements. Only lead-based paint trained and certified abatement personnel shall be allowed to perform abatement activities. All lead-based paint removed from these structures shall be hauled and disposed of by a transportation company licensed to transport this type of material. In addition, the material shall be taken to a landfill or receiving facility licensed to accept the waste. Following completion of the lead based paint abatement, the lead based paint consultant shall provide a report documenting the abatement procedures used, the volume of lead based paint removed, where the material was moved to, and include transportation and 1244
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16 disposal manifests or dump tickets. The abatement report shall be prepared for the property owner or other responsible party, with a copy submitted to the VCAPCD and the City of Oxnard.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to demolition of structures that could contain asbestos or lead-based paint would be mitigated to a less than significant level with incorporation of the required mitigation measure.

Impact HAZ-3
The proposed TCSP area is currently used for agriculture. Residual levels of chlorinated pesticides were found in the soil. Chemicals could be released during grading activities for development under the proposed TCSP, exposing construction workers and nearby receptors to contaminated soils.

However, with adherence to existing regulations pertaining to the remediation of such soils, impacts would be Class II, significant but mitigable.

Mitigation Measure HAZ-3 Remediation
The following recommendations (including those contained in the Phase I ESA) shall be implemented during construction of projects within the TCSP area:
• The upper agricultural disturbed soil (approximately upper 1 to 1.5 feet below surface level, to be determined by Building and Engineering Services), shall be removed and the site shall be recompacted.
• Monitoring of residual levels of pesticides and metals (including arsenic and lead) shall be confirmed both during and following completion of the grading activities to be sure residual levels are below action levels. San Francisco Bay Regional Water Quality Control Board’s Environmental Screening Levels (ESLs) and hazardous waste screening thresholds for contaminants in soil (CCR Title 22, Section 66261.24) shall be used to set appropriate residual levels of contamination found.
• If residual organochlorine pesticide or metals contamination (including arsenic and lead) is found at levels exceeding ESLs and/or hazardous waste screening thresholds for contaminants in soil (CCR Title 22, Section 66261.24), a Soil Management Plan, Removal Action Plan or equivalent document must be prepared by a qualified hazardous materials consultant. The plan must establish remedial measures and/ or soil management practices to ensure construction worker safety and the health of future workers, residents, and visitors. The Plan shall be submitted to the hazardous materials response team in the Oxnard Fire Department for review and approval.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to contaminated soils would be mitigated to a less than significant level with incorporation of the required mitigation measure.
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CEQA Findings of Fact and Statement of Overriding Considerations 17 Impact HAZ-5
The proposed TCSP area and additional annexation area are both within the Oxnard Airport’s traffic pattern zone (TPZ) and are subject to height restrictions. Structures in these areas may be considered obstructions to air travel. Impacts related to airport safety clearance are Class II, significant but mitigable.

Mitigation Measure HAZ-5(a) FAA Notification
For all development in the TCSP area and the additional annexation area, the applicant shall notify the FAA via online application at FAA’s https://oeaaa.faa.gov/oeaaa/external/portal.jsp website. The FAA will determine if the structure is an “obstruction” or “hazard” to aviation, and if so, will make recommendations to reduce the obstruction or hazard. Prior to issuance of building permits, the applicant shall forward the FAA determination and recommendations to the City of Oxnard and the City shall require that the applicant implement the recommendations provided by the FAA. Recommendations may include the use of red obstruction lighting on new construction.

Mitigation Measure HAZ-5(b) Structural Coverage in the TCSP Area Structures within the TCSP area shall conform to the following guidelines:
• Residential uses: Maximum structural coverage of the residential planning areas must be no more than 25%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts.
• Commercial uses: Maximum structural coverage of the commercial planning areas must not exceed 50%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts.

Mitigation Measure HAZ-5(c) Structural Coverage in the Additional Annexation Area
Structures within the additional annexation area shall conform to the following guidelines:
• Commercial and industrial uses: Maximum structural coverage must not exceed 50%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts. Where development is proposed immediately adjacent to the airport property, site plans shall be designed to locate structures as far as practical from the runway.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to airport safety clearance would be mitigated to a less than significant level with incorporation of the required mitigation measure.
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18 3.7 Hydrology and Water Quality
Impact HWQ-4
During excavation and grading in the project area, groundwater could be encountered onsite. This may require temporary or permanent dewatering. However, impacts would be Class II, significant but mitigable.

Mitigation Measure HWQ-4 Dewatering Program
Prior to the issuance of any grading permits in the project area, a qualified engineer, hydrologist or hydrogeologist shall estimate from the final engineering plans the volume of dewatering necessary for development within the project area. If dewatering is required, a dewatering program shall be designed to properly convey and treat dewatering discharge in accordance with the NPDES permits, as well as state and local regulations. The program shall be subject to the approval of the City of Oxnard Public Works Department. The program shall include site design methods for treatment and conveyance of temporary, and permanent if required, dewatering discharge, including infiltration ponds, vegetated swales, and/or reuse for landscape irrigation. Prior to the implementation of a dewatering program, groundwater sampling shall be performed to ensure that the system is adequately designed and permitted to address onsite groundwater conditions. Groundwater samples shall be analyzed for chemicals related to agricultural operations (i.e.: pesticides and arsenic) , petroleum hydrocarbons, and volatile organic compounds (VOCs).

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to groundwater would be mitigated to a less than significant level with incorporation of the required mitigation measure.

3.8 Land Use and Planning
Impact LU-2
The proposed project is potentially inconsistent with applicable land use plans, policies and regulations. This is a Class II, significant but mitigable impact.

Mitigation Measures
Mitigation measures included in Sections 4.1, Aesthetics, 4.2, Agricultural Resources, 4.3, Air Quality, 4.5, Geology and Soils, 4.7, Hazards and Hazardous Materials, 4.10, Noise, and 4.13, Transportation and Traffic would reduce environmental impacts to help achieve consistency with adopted goals and policies.

CEQA Findings of Fact and Statement of Overriding Considerations 19 EIR. Impacts related to inconsistency with applicable land use plans would be mitigated to a less than significant level with incorporation of the required mitigation measure.

Impact LU-3
The proposed project would be generally compatible with existing adjacent urban and airport uses, with incorporation of mitigation measures included in the transportation, air quality, hazards, and noise sections of this EIR. This is considered a Class II, significant but mitigable, impact.

Mitigation Measure LU-3(a) FAA Notification
For all development in the TCSP area and the additional Annexation area, the applicant shall notify the FAA via online application at FAA’s https://oeaaa.faa.gov/oeaaa/external/portal.jsp website. The FAA will determine if the structure is an “obstruction” or “hazard” to aviation, and if so, will make recommendations to reduce the obstruction or hazard. Prior to issuance of building permits, the applicant shall forward the FAA determination and recommendations to the City of Oxnard and the City shall require that the applicant implement the recommendations provided by the FAA. Recommendations may include the use of red obstruction lighting on new construction.

Mitigation Measure LU-3(b) Structural Coverage in the TCSP Area Structures within the TCSP area shall conform to the following guidelines:
• Residential uses: Maximum structural coverage of the residential planning areas must be no more than 25%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts
• Commercial uses: Maximum structural coverage of the commercial planning areas must not exceed 50%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts.

Mitigation Measure LU-3(c) Structural Coverage in the Additional Annexation Area
Structures within the additional Annexation area shall conform to the following guidelines:
• Commercial and industrial uses: Maximum structural coverage must not exceed 50%. “Structural coverage” is defined as the percent of building footprint area to total land area, including streets and greenbelts. Where development is proposed immediately adjacent to the airport property, site plans shall be designed to locate structures as far as practical from the runway.

Mitigation Measure LU-3(d) Avigation Easement
Prior to issuance of final tract maps for development pursuant to the proposed Specific Plan or rezone of additional Annexation areas, the project applicant shall grant an avigation easement to the County of Ventura to record that the property owner(s) acknowledge that their properties are in an area subject to frequent aircraft overflights and that such overflights may result in noise, exhaust emissions and vibrations.
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20 Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to compatibility with urban and airport uses would be mitigated to a less than significant level with incorporation of the required mitigation measures.

3.9 Public Services and Recreation
Impact PS-1
The proposed project would incrementally increase demands on the Oxnard Fire Department. This increase would affect the personnel, equipment, and the organization of the Fire Department. This would be a Class II, significant but mitigable impact.

Mitigation Measure PS-1 New Fire Station, Equipment, and Staffing The developer shall provide sufficient proportional funding for development of an additional fire station, fire engine, and staff to provide fire/emergency services to the project area. The City of Oxnard shall create a Community Facilities (Mello Roos) District within the project area to offset proportional associated staffing costs. Mitigation shall be in place and operational prior to occupancy to be determined by the Oxnard Fire Department.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to fire department demand would be mitigated to a less than significant level with incorporation of the required mitigation measure.

Impact PS-2
The proposed project would incrementally increase demands on the Oxnard Police Department, which could adversely affect the Police Department. This would be a Class II, significant but mitigable impact.

Mitigation Measure PS-2(a) Oxnard Police Department Consultation Prior to approval of individual Development Design Review permits, the developer shall work closely with the Oxnard Police Department prior to the final design of the project to ensure the development of adequate security measures for the construction and occupancy stages of development. Such measures shall include but are not limited to the following:
• Compliance with Oxnard Police Department recommendations relative to building design, site design, visibility, access, graffiti control, landscaping, security lighting, doors, locks and other relevant factors in the preparation of the final plans. • The Oxnard Police Department shall be included in the plan check process to enable the Department to recommend specific improvements that will enhance crime prevention for the project and allow for the police to better plan for calls that may be generated by the development.
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CEQA Findings of Fact and Statement of Overriding Considerations 21 • Implement fencing and security measures during the construction phase. The City of Oxnard Police Department shall approve security measures
Mitigation Measure PS-2(b) New Police Staffing
The developer shall provide sufficient proportional funding for development of additional police staffing to provide police protection services to the project area. The City of Oxnard shall create a Community Facilities (Mello Roos) District within the project area to offset proportional associated staffing costs. Mitigation shall be in place and operational prior to occupancy to be determined by the Oxnard Police Department.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Impacts related to police department demand would be mitigated to a less than significant level with incorporation of the required mitigation measure.

3.10 Utilities
Impact UTL-2
Buildout under the proposed TCSP would generate an estimated water demand of about 389 acre feet per year. The City’s projected water supply is expected to be adequate to serve the TCSP demands though the Year 2035, based on planned increases in supply provided by recycled water and transfer of groundwater sources from agricultural activities to the City. However, certain sources of supply included in the City’s projections are not yet available. Impacts would be Class II, significant but mitigable.

Mitigation Measure UTL-2(a) Availability of Recycled Water In order to ensure that the proposed TCSP does not draw from Phase I AWPF recycled water, the City shall confirm that planned additional AWPF capacity is at least 50% funded and engineering plans are 25% completed before any building permits for the first phase of the TCSP are issued and/or adequate alternative new water are available.

Mitigation Measure UTL-2(b) On-site Recycled Water System The recycled water system serving the TCSP area shall include the following:
• Pipeline extension from the mainline in Ventura Road to the property. The developer shall be responsible for either constructing the line or payment of fees to the City for its construction.
• A recycled water system that serves all practical irrigated areas and which is: (1) separated from the domestic water system; (2) constructed per the City’s Recycled Water Construction Standards; (3) irrigated at night; and (4) properly signed. Note that the signs shall be installed once the system is fully operational.
• Mainline shall be a public system with meters, as appropriate, to recycled water customers.

The developer shall be responsible for the design and construction of the recycled water 1250
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22 main pipeline system within the development. Construction shall be per City standard requirements with payment of applicable fees.
• Separate meters for the portion of the irrigated area intended for the future recycled water system and the portion of the system that will not be connected to the future recycled water system, if any.
• Until the recycled water system is operational, the common area irrigation system shall be connected to the domestic system. Once recycled water is available, and connection to the recycled water system is made, the developer shall remove the connection to the domestic water system.
• Prior to the availability of recycled water, the developer shall be responsible for payment of the Recycled Water Connection Fee or the water connection fee, whichever is greater for facilities constructed.
• At such time as recycled water is available, the developer shall be responsible for all costs involved with the re-connection of the applicable portions of the irrigation system to the public recycled water system, including appropriate signage. Credits for connection fees shall be given by the City based on the size of the meter(s). Under no circumstance will there be a refund of water connection fees already paid. • The developer shall be responsible for appropriate CCRs covering the use of recycled water within the property and for proper disclosures.

Mitigation Measure UTL-2(c) Exterior Water Conservation The developer shall incorporate into the TCSP the following exterior water conservation features in order to reduce water demand to the greatest extent feasible, with a goal of at least 30% water use reduction compared to traditional turf landscaping. These shall include, but are not limited to:
• Landscape of common areas with low water-using plants (i.e., drought tolerant plant species);
• Weather-based irrigation controllers for all landscaped areas; • Minimize the use of turf by limiting it to lawn dependent uses; and, • Wherever turf is used, install warm season grasses
Mitigation Measure UTL-2(d) On-site Domestic Water System The on-site domestic water system shall include:
• Connections to the City’s system in at least two locations as approved by the City, generally located along the eastern side of the property (Ventura Road) and along either the north or south side of the development away from Ventura Road. There shall be an on-site looped main transmission system through the development.
• Public pipeline systems which feed into separate water meters for each ownership. In addition, there shall be separate water meters for each multi-family unit, but not apartments.
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CEQA Findings of Fact and Statement of Overriding Considerations 23 • An internal water system designed to provide for the higher of either maximum day plus fire or peak hour demand.

Mitigation Measure UTL-2(e) Water Neutrality
To ensure that the proposed TCSP meets the objectives of the City’s Water Neutrality Policy, the City shall confirm, at the time individual phases of the project are reviewed, that the FCGMA allocation transfer rate in place is sufficient to meet the water demand of the phase under consideration. Additional water demand above the amount of transferred supply, shall be provided by the applicant to offset the net additional water demand associated with the project. This shall be accomplished through a Water Neutrality Plan to be reviewed and approved by the City prior to issuance of any building permit. The Water Neutrality Plan shall contain any combination of the following measures, or other measures suggested by the Applicant, that are quantifiable, permanent offsets of existing potable water use elsewhere in the City, or bring new water supply to the City, that match or exceed potable water shortfall:
a. Use recycled water for indoor residential uses, including but not limited to, toilet flushing; b. Use recycled water for indoor business park and commercial elements of the project including, but not limited to, toilet and urinal flushing, process uses and air conditioning. c. Contribute to expansion of the City’s water conservation program, such as but not limited to offsets available through programs such as toilet exchange and showerhead replacements;
d. Provide to the City financial contributions towards City programs which generate in-City water conservation or recycled water capacity or conveyance not otherwise required by another State or local water conservation program;
e. Participate in other similar programs with cumulatively result in an adequate water supply contribution; and
f. Provide to the City water supplies equal to the shortage amount.

The City shall ensure implementation of the approved plan in all aspects of permitting and construction of individual phases addressed in the plan.

Finding
The City of Oxnard finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Phase 2 impacts related to water supply would be mitigated to a less than significant level with incorporation of the required mitigation measure.
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24 4 Significant Effects that Cannot be Mitigated
to a Less than Significant Level
A significant unavoidable impact is an impact that cannot be mitigated to a less than significant level if the project is implemented, because no feasible mitigation has been identified. Except for the impacts described below, all significant impacts associated with the proposed project would be reduced to a less than significant level with incorporation of mitigation measures identified in the Final EIR. The project would result in the following significant unavoidable impacts:

4.1 Agricultural Resources
Impact AG-1
Implementation of the proposed TCSP would result in the conversion of approximately 149.5 acres of “important farmland” with prime soils to non-agricultural uses. This would result in the permanent loss of agricultural lands. Therefore, impacts would be Class I, significant and unavoidable.

Mitigation Measure AG-1 Agricultural Conservation
The applicant shall implement one of the two options below. The applicant for projects involving the Phase 1 properties shall implement Option 1, the Agricultural Conversion In-Lieu fee. For the applicants for Phase 2 properties, Option 1 is also the preferred option, though the City may review and allow Option 2.

Option #1: Agricultural Conversion In-Lieu Fee. Prior to issuance of the first grading permit, the applicant shall have paid an agricultural conservation in-lieu fee to the City of Oxnard. The final fee amount shall be determined by the City of Oxnard at its discretion. The funds shall be used for land acquisition (land or structure), refurbishment and/or construction of farmworker housing units within Oxnard. The use of such funds shall be determined at the discretion of the City Manager, Community Development Director, and Housing Director.

Option #2: Purchase of Agricultural Conservation Easements. Prior to recordation of the first final map in the TCSP area, the applicant shall have recorded permanent agricultural conservation easements on at least 50 acres in either the Oxnard Plain area of Ventura County, the Santa Clara River floodplain, or a location otherwise deemed acceptable by the City of Oxnard Community Development Department. Prior to issuance of a building permit for construction of the 500th residential unit, the applicant shall have recorded permanent agricultural conservation easements on at least 100 acres in the Oxnard Plain area of Ventura County, the Santa Clara River floodplain, or a location otherwise deemed acceptable by the City of Oxnard Community Development Department. Prior to issuance of a building permit for construction of the 990th residential unit, the applicant shall have recorded permanent agricultural conservation easements on at least 149.5 acres in the Oxnard Plain area of Ventura County, the Santa Clara River floodplain, or a location otherwise deemed acceptable by the City of Oxnard Community Development Department. All agricultural lands to be preserved via conservation easement shall be of comparable quality to the farmland of statewide importance that would be converted under implementation of the TCSP, containing row crops or tree crops 1253
Significant Effects that Cannot be Mitigated to a Less than Significant Level

CEQA Findings of Fact and Statement of Overriding Considerations 25 and high soil fertility. Agricultural conservation easements shall perpetually restrict non-farm development and other uses that are inconsistent with commercial agriculture. To the extent feasible, the applicant shall coordinate with and provide funding for qualified land conservation entities (i.e., land trusts) to secure and hold the easements in perpetuity.

Finding
Implementation of the required mitigation measures would reduce impacts to agricultural resources either through the payment of an in-lieu fee which the City would use for land acquisition, refurbishment, and/or construction of farmworker housing units within Oxnard or through the applicant’s purchase of permanent agricultural conservation easements The City finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations (Section 6 of these Findings).

4.2 Air Quality
Impact AQ-2
Operational emissions of ROG and NOX would exceed VCAPCD’s daily thresholds. While the impacts of vehicle emissions and related impacts are mitigable with payment of Transportation Demand Management (TDM) fees, not all operational emissions are mitigable. Therefore, the project would have a Class I, significant and unavoidable, impact to regional air quality.

Mitigation Measure AQ-2(a) TDM Fees
The TCSP project developer shall provide payment of fees to the City’s Transportation Demand Management Plan Fund Fee for Mitigation for Air Quality. Fees will be based on the formula provided by the Ventura County APCD. The fees will be based on the exceedance of the threshold for ROG and NOx that is attributable to mobile emissions for Phase 1 and Phase 2. The fees shall be based on the unit cost for ROG and NOx, in effect at the time the fee is to be paid using the VCAPCD guidelines formula of:
• (excess emissions lbs/day) x (unit cost ROG) x (days in operation) x (3 years) = Total cost • (excess emissions lbs/day) x (unit cost NOx) x (days in operation) x (3 years) = Total cost Payment of Phase 1 fees is required prior to issuance of the first certificate of occupancy for Phase 1. Payment of Phase 2 fees is required prior to issuance of the first certificate of occupancy for Phase 2. Payment of fees associated with the additional Annexation area is required for future developers prior to issuance of certificate of occupancy.

Mitigation Measure AQ-2(b) Increased Efficiency.

Applicants for all projects within the TCSP area and in the nine parcels on the south side of Teal Club Road proposed for annexation shall include in construction and building management contracts the following energy saving requirements, or measures shown to be equally effective:
• Residential and commercial land use shall increase efficiency 15% beyond Title 24 to achieve a Tier 1 “green building” designation within the California Green Building Code. • Use of solar or low-emission water heaters in new buildings. 1254
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26 • Require that commercial landscapers providing services at the common areas of the TCSP area use electric or battery-powered equipment, or other internal combustion equipment that is either certified by the California Air Resources Board or is three years old or less at the time of use, to the extent that such equipment is reasonably available and competitively priced in Ventura County (meaning that the equipment can be easily purchased in stores in Ventura County and the cost of the equipment is not more than 20% greater than the cost of standard equipment). Applicants for all projects within the TCSP area shall provide documentation of energy savings associated with materials proposed for use at time of building permit application.

Mitigation Measure AQ-2(c) Renewable Energy
All structures within the TCSP area and within the nine parcels south of Teal Club Road with a flat or nearly flat roof area of over 10,000 square feet shall be designed to support the installation of solar panels and/or similar equipment that generates electricity from sunlight and/or wind. (This is a current requirement of Title 24 for all newly constructed single family residences and low-rise multifamily residential buildings, but shall also apply to all development proposed within the TCSP area and within the nine parcels on the south side of Teal Club Road proposed for annexation.) The owner/tenant of the building may elect to install such equipment to service the building and/or enter into a commercially reasonable public or private utility agreement for purposes of generating energy or transmission, if requested by the City and economically feasible.

Mitigation Measure AQ-2(d) Passive Energy Conservation Design.

Applicants for all projects within the TCSP area and in the nine parcels south of Teal Club Road proposed for annexation shall include passive energy conservation design elements, including building material massing, orientation, landscape shading, recycled or low-impact materials, window glazing to increase insulation, and water circulation pumps to reduce water use, and/or similar measures shown to be equally effective.

Applicants for all projects within the TCSP area and nine parcels south of Teal Club Road proposed for annexation shall provide documentation of energy savings associated with materials and methods proposed for use at time of building permit application. These documents shall be reviewed by City staff for achievement of adequate energy conservation.

Mitigation Measure AQ-2(e) Natural Ventilation. Applicants for all projects within the TCSP area and in the nine parcels south of Teal Club Road proposed for annexation shall include natural ventilation in building design plans whenever feasible.

Finding
Implementation of the required mitigation measures would reduce NOX emissions associated with the operation of the TCSP and projects on the nine parcels south of Teal Club Road proposed for annexation. Payment of TDM fees would mitigate the impacts from mobile emissions to the extent feasible provided that the final square footage and dwelling units does not exceed those described in Section 2.0, Project Description, of the Recirculated Draft EIR. At this programmatic stage of planning for the TCSP, there are no specific building design plans and therefore it cannot be ensured that individual projects would include the design components necessary to reduce the impacts from area emissions to a less than significant level. Due to the exceedance of VCAPCD thresholds for ROG and NOX that are not attributable to mobile emissions and therefore not mitigable by payment of 1255
Significant Effects that Cannot be Mitigated to a Less than Significant Level

CEQA Findings of Fact and Statement of Overriding Considerations 27 fees, impacts would remain significant after mitigation. (However, mitigation measures AQ-2(b) through AQ-2(e) do ensure that the projects would be consistent with City of Oxnard General Plan policies intended to reduce operational emissions.) The City finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations (Section 6 of these Findings).

4.3 Cumulative Impacts
An EIR is required to discuss the cumulative impacts of a project when the project’s incremental effect is cumulatively considerable. CEQA Guidelines Section 15130(a). “Cumulatively considerable” means that the incremental effects of the project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. CEQA Guidelines Section 15065(a)(3); Pub. Resources Code Section 21083(b)(2).

The City finds that the proposed project will result in cumulatively considerable impacts to agriculture and air quality.

As discussed in Section 4.3, Air Quality, of the Recirculated Draft EIR, Ventura County is currently in nonattainment under the federal 2008 standard for 8-hour ozone (AQMP, 2016) and under the state standards for ozone, PM2.5, and PM10, related projects could exceed an air quality standard or contribute to an existing or projected air quality exceedance. With regard to determining the significance of the proposed project’s contribution, the VCAPCD recommends that a project’s potential contribution to cumulative impacts should be assessed utilizing the same significance criteria as those for project specific impacts. Therefore, this EIR assumes that individual development projects that generate operational emissions that exceed the VCAPCD recommended daily thresholds for project-specific impacts would also cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment. As discussed in Impact AQ- 2, operational emissions associated with full buildout of the proposed project would exceed VCAPCD thresholds for ROG and NOX. Therefore, the emissions generated by the proposed project would be cumulatively considerable regarding a substantial contribution to an existing or projected air quality violation.

As discussed in Section 4.2, Agricultural Resources, of the Recirculated Draft EIR, the proposed project combined with other planned and pending projects would contribute to the conversion of agricultural land to non-agricultural uses. The City’s 2030 General Plan Program EIR, which was certified in October 2011, found significant and unavoidable impacts related to the conversion of agricultural land to non-agricultural uses, as no feasible mitigation measures were available to reduce this impact to a less than significant level. Project development would convert approximately 149.5 acres of important farmland to non-agricultural uses and would therefore substantially contribute to this significant impact, even with implementation of Mitigation Measure AG-1 to avert the future regional conversion of important farmland with agricultural conservation easements.

A number of regulatory mechanisms are in place to minimize the conversion of agricultural land to nonagricultural use outside of the CURB, including the County SOAR ordinances, City CURB, and greenbelt agreements between Camarillo and Oxnard and between the City of Oxnard and City of Ventura. Nevertheless, planned development of Prime Farmland, Farmland of Statewide Importance, and Unique Farmland within the CURB line would result in cumulatively significant agricultural resource impacts, as the conversion of such land to non-agricultural uses cannot be fully mitigated. According to the City’s 2030 General Plan Program EIR (recirculated November 2009 1256
City of Oxnard
Teal Club Specific Plan

28 version), cumulative development would result in the conversion of up to 2,215 acres of important farmland, of which 1,048 acres would be farmland of statewide importance. The specific 149.5 acre loss of farmland associated with buildout of the proposed project is included in General Plan assessment as shown on Figure 5-1, Important Farmland Updates, of the recirculated 2030 General Plan Program EIR and represents approximately 14% of the total cumulative loss of “important” farmlands within the CURB. Thus, the cumulative impact to agricultural would be significant and the project’s contribution would be cumulatively considerable.

Finding
Implementation of the proposed project would result in cumulatively considerable air quality impacts associated with the Ventura County area’s nonattainment for various criteria air pollutants and the project’s operational ROG and NOX emissions. While mitigation measure AG-2(a-e) as discussed above would be required, the project would still have cumulative impacts. The City finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations (Section 6 of these Findings).

Implementation of the proposed project would result in cumulatively considerable agricultural impacts due to the conversion of 149.5 acres of important farmland. While mitigation measure AG- 1, as discussed above, would be required, impacts would remain cumulatively considerable. The City finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations (Section 6 of these Findings).

1257
Feasibility of Project Alternatives

CEQA Findings of Fact and Statement of Overriding Considerations 29 5 Feasibility of Project Alternatives
The Recirculated Draft EIR included several project alternatives. The City hereby concludes that the Recirculated Draft EIR sets forth a reasonable range of alternatives to the proposed project so as to foster informed public participation and informed decision making. The City finds that the alternatives identified and described in the Recirculated Draft EIR were considered and further finds two of them to be infeasible for the specific economic, social, or other considerations set forth below pursuant to CEQA Guidelines Section 21081.

In addition to the project, the following alternatives were evaluated in the Recirculated Draft EIR, and are more fully described in Section 7, Alternatives, of the Recirculated Draft EIR.

5.1 Alternative 1: No Project – No Development
Alternative
The CEQA Guidelines stipulate that an EIR specifically include a “No Project” alternative. The purpose in including a No Project Alternative is to allow decision-makers to compare the impacts of approving the project with the impacts of not approving the project.

This alternative assumes that the proposed project is not approved and that the project area is not developed. For the TCSP area, the existing County of Ventura Zoning of Agricultural Exclusive-40 and County of Ventura General Plan designation of Agricultural would remain and the area would remain in active agricultural uses. The existing structures on-site would not be demolished. The nine parcels in the additional Annexation area would not be Annexed and would remain designated as Agricultural-Urban Reserve in the Ventura County General Plan.

The No Project – No Development alternative would involve no changes to the physical environment and thus would have no environmental effects. As such, this alternative would have no impact with respect to aesthetics, agricultural resources, biological resources, geology, greenhouse gas emissions/climate change, hazards and hazardous materials, hydrology, noise, population, education, and housing, public services and recreation, traffic, or utilities and energy. This alternative would eliminate the proposed project’s significant and unavoidable impacts with respect to conversion of important farmland, operational air pollution emissions, and change in visual character. No mitigation measures would be required for the No Project – No Development alternative. Overall impacts would be lower than those of the proposed project since no change to environmental conditions would occur.

This alternative would be inherently consistent with the Ventura County General Plan but would not fulfill the vision of the City of Oxnard General Plan for the project area, which pre-designates the project area as “Urban Village” and includes a goal to support development of this land.

Findings
The No Project – No Development Alternative would not meet several of the objectives of the proposed project, including:
• Provide a mix of residential and commercial development to minimize vehicle trips (Objective 1)
1258
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30 • Create recreational opportunities (Objective 4)
• Create housing opportunities (Objective 5)
The City rejects Alternative 1 as infeasible because it would not achieve several of the project objectives.

The findings for the Teal Club Specific Plan set forth in this document and the overriding social, economic and other considerations set forth in the Statement of Overriding Considerations provide support for the proposed project and the elimination of this alternative from further consideration.

5.2 Alternative 2: Phase 1 Development Only
This alternative anticipates that Phase 2 of the TCSP would not be developed. The 57.9 acres that comprise Phase 2 would continue to be used for agriculture. The 91.8 acres of the Phase 1 planning area would be developed, 150-foot agricultural buffers (with a vegetative screen) would be provided and the Phase 2 area would be removed from the TCSP. The resulting project (Phase 1 only) would include 723 dwelling units at various densities, a 6.5‐acre Community Park, and Urban Village core along Ventura Road. Total non-residential development in the TCSP area would include 60,000 square feet of commercial/mixed-use space. Development of the business research park would not occur. The additional nine parcels south of Teal Club Road would still be annexed and zoned for light manufacturing, potentially facilitating up to 347,608 square feet of light industrial development.

Overall, this alternative would result in 267 fewer residential units than the proposed project (a 27% reduction) and 132,000 fewer square feet of non-residential development (a 29% reduction). This alternative would result in the demolition of one existing single-family residence in the TCSP area and approximately six residences in the additional Annexation area.

Alternative 2 would require the same mitigation measures to reduce impacts related to aesthetics, biological resources, Hazards and Hazardous materials, Hydrology and Water Quality, Land Use and Planning, Public Services, Transportation and Traffic, Utilities and Service Systems However, this alternative would result in different operational impacts in some areas. Because the alternative would include fewer residential units, impacts related to greenhouse gas emissions and noise would be reduced. Nonetheless, Alternative 2, like the proposed project, would result in unavoidable significant impacts related to Agricultural Resources and Air Quality.

Findings
This alternative would reduce, but not eliminate, the significant and unavoidable impacts related to Air Quality and Agricultural Resources. This alternative would generally meet the project objectives, although fewer housing units, office uses, and public park acreage would be constructed.

The City rejects Alternative 2 as infeasible because it would not meet the project objectives to the same extent as the proposed project and would not eliminate the significant and unavoidable air quality and agricultural resources impacts.

5.3 Alternative 3: Reduced Intensity
This alternative would be similar to the proposed project with similar land uses and development patterns, but would replace the business research park area with single-family residential units. This 1259
Feasibility of Project Alternatives

CEQA Findings of Fact and Statement of Overriding Considerations 31 alternative assumes 387 single-family dwelling units would be constructed (instead of the 220 under the proposed project) and 603 multi-family dwelling units would be constructed (instead of the 770 under the proposed project). In other words, 167 additional single-family units would be constructed and 167 fewer multi-family units would be constructed; the total number of dwelling units would remain the same as the proposed project. This alternative would also reduce the commercial/mixed-use building area by 10,000 square feet and would not involve the 132,000 square feet of business research park use. All other components of the proposed project would remain, including the 990 dwelling units.

In total, this alternative would reduce non-residential development in the TCSP area development by 142,000 square feet. The additional nine parcels south of Teal Club Road would still be annexed and zoned for light manufacturing, potentially facilitating up to 347,608 square feet of light industrial development. Overall, this alternative would result in 142,000 fewer square feet of non- residential development (a 26% reduction).

In comparison to the proposed project, Alternative 3 would require the same mitigation measures to reduce impacts related to Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Public Services, Transportation and Traffic, and Utilities and Service Systems. Alternative 3 would result in less impacts related to Greenhouse Gas Emissions, but would still result in unavoidable impact to Agriculture and Air Quality.

The City rejects Alternative 3 as infeasible because it would not meet the project objectives to the same extent as the proposed project ad would not eliminate the significant and unavoidable air quality and agricultural resources impacts.

5.4 Environmentally Superior Alternative
The CEQA Guidelines state than an EIR shall identify an environmentally superior alternative. If the environmentally superior alternative is the “No Project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives (Section 15126.6(e)(2)).

Alternative 1: No Project – No Development would avoid all of the proposed project impacts and would be environmentally superior to the proposed project. However, this alternative would not fulfill the project objectives.

Among the other alternatives being considered, Alternative 2: Phase 1 Only Development could be considered environmentally superior, as it would reduce impacts in many issue areas, due primarily to the 57-acre reduction in the development area. This alternative would reduce, but not eliminate, the significant and unavoidable impacts related to Air Quality and Agricultural Resources. This alternative would generally meet the project objectives, although fewer housing units, office uses and public park acreage would be constructed.
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32 6 Statement of Overriding Considerations
CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable risks when determining whether to approve a project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 19093(B)). The proposed project would result in a significant unavoidable impact related to Agricultural Resources and Air Quality.

No feasible mitigation measures have been identified that would reduce these impacts to a less than significant level. These significant unavoidable impacts are identified and discussed in Section 5 of these Findings. The City finds that the significant unavoidable impacts to Agricultural Resources and Air Quality are outweighed by the proposed project’s benefits and is acceptable in light of the benefits of the project, based on the findings below:
▪ The City has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the project, as described above. ▪ All mitigation measures required in the Final EIR have been incorporated into the project and will be implemented through the MMRP, incorporated by reference herein. ▪ In accordance with CEQA Guidelines Section 15093, the City has, in determining whether or not to approve the project, balanced the economic, legal, social, technological, and other benefits, including region-wide or statewide environmental benefits of the project against these unavoidable environmental risks, and has found that the benefits of the project outweigh the unavoidable adverse environmental effects.
▪ The proposed project would fulfill all of the project objectives, whereas some of the proposed alternatives, each of which has the same significant and unavoidable impacts, do not.

The following statements specify the reasons why, in the City’s judgment, the benefits of the project outweigh its unavoidable environmental risks. The City also finds that any one of the following reasons for approval cited below is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City will stand by its determination that each individual reason is sufficient. The substantial evidence supporting the City Findings and the benefits described below can be found in the Record of Proceedings. ▪ The proposed project fulfills the vision for the Teal Club Specific Plan area provided in the City’s General Plan.
▪ The proposed project helps create an economic match between on-site housing and employment opportunities.
▪ Implementation of the proposed project will result in the development of a new, well-designed, economically feasible residential community that consists of a variety of residential products and unit types. The project would allow for development of up to 990 residential units, 148 of which would be affordable housing options.
1261
Statement of Overriding Considerations

CEQA Findings of Fact and Statement of Overriding Considerations 33 ▪ Implementation of the project would allow for up to 60,000 square feet to be used for retail, mixed se, and office use and would be centered around a Public Plaza and be within walking distance of public transportation and residential units.
▪ The proposed project would promote a mix of land uses on the site that would be financially independent and sustainable.
▪ The addition of 990 residential units to the City of Oxnard will make a substantial contribution toward attainment of community housing goals. The diverse residential types will address a number of communities housing issues, including affordable and market rate multi-family housing, smaller single-family housing for first-time home buyers, move-up housing, and executive housing.
▪ The project would create an integrated vehicular, pedestrian and bicycle circulation system that connects residential, industrial, and commercial uses within the project. This would help minimize short distance single-person vehicular trips.
▪ The project would create recreational opportunities for citizens of Oxnard. ▪ The project would permit a variety of housing opportunities and would comply with the 2030 General Plan Housing Element affordability requirement. ▪ The project would concentrate development near commercial space in the area while also allowing for the creation of necessary buffers between residential development and the Oxnard Airport and Agricultural land.
▪ Implementation of the project would include designation of two park areas, one a 10-acre community park and the other a 7.38-acre park. There would also be a greenbelt in the proposed project area for a total of 17.76 park and open space acres. ▪ The TCSP consists of traditional neighborhood design components that promote “porch and street orientation” and encourage walking and interaction between residents. Both single- family residences (Low-Medium Density) and courtyard/cluster homes (Low-Medium Density) would include porches and architectural elements reflecting the early 20th Century diversity and character of style evident in the nearby F and G Streets historic district and other recently developed neighborhoods. High, Medium, and Medium-High Density areas would orient to internal pathways and common areas with connection to the public walking network and to the urban village.

After balancing the specific economic, legal, social, technological, and other benefits of the project alternatives, the City of Oxnard has determined that the unavoidable adverse environmental impacts identified may be considered acceptable due to the specific considerations listed above which offset the unavoidable, adverse environmental impact that will be caused by implementation of the proposed project.

Recognizing that significant and unavoidable impacts will result from implementation of the project, the City adopts this Statement of Overriding Considerations. Having adopted all feasible mitigation measures and recognizing the significant and unavoidable impact, the City hereby finds that each of the separate benefits of the project, as stated herein, is determined to be unto itself an overriding consideration, independent of other benefits, that warrants approval of the proposed project and outweighs and overrides its unavoidable significant effect, and thereby justifies the approval of the project.
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34 7 Conclusion

7.1 Incorporation by Reference
These findings incorporate the text of the Final Environmental Impact Report for the City of Oxnard Teal Club Specific Plan by reference and in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, the determination of the environmentally superior alternative, and the reasons for approving the project in spite of the potential for associated significant and unavoidable adverse impacts.

7.2 No Recirculation of the Recirculated Draft EIR is
Required
The changes and new information provided in the Final EIR consist of clarifications of the Recirculated Draft EIR analysis and do not include identification of new significant impacts associated with the project or mitigation measures, or new project alternatives or mitigation measures that warrant consideration.

The City of Oxnard finds that the new information added in the Final EIR merely clarifies, amplifies, or makes insignificant modifications to an adequate EIR and is not “significant” within the meaning of CEQA Guidelines Section 15088.5. The City of Oxnard further finds that incorporating the new information does not deprive the public of a meaningful opportunity to comment on the project or its effects, and that no information has been added to the Final EIR that would warrant recirculation pursuant to Public Resources Code Section 21092.1. Finally, the City of Oxnard has reviewed and considered comments made after the Final EIR was issued and finds that those comments do not present significant new information within the meaning of CEQA Guidelines Section 15088.5 or otherwise warrant recirculation of the Final EIR pursuant to Public Resources Code Section 21092.1.

These findings are based on all the information presented in the Final EIR and the record of proceedings.

7.3 Summary

1. Based on the foregoing Findings and the information contained in the record, the City has made one or more of the following Findings with respect to each of the significant effects of the project:
a. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects identified in the Final EIR.
b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other public agency.
c. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR that would otherwise 1263
Conclusion

CEQA Findings of Fact and Statement of Overriding Considerations 35 avoid or substantially lessen the identified significant environmental effects of the project.

2. Based on the foregoing Findings and the information contained in the record, the City determines that:
a. All significant effects on the environment due to the approval of the project have been eliminated or substantially lessened where feasible.
b. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 6, above.

1264
Mitigation Monitoring and Reporting Program

1 Mitigation Monitoring and Reporting Program

CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is intended to track
and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in
the Final Environmental Impact Report (Final
EIR), specifications are made herein that i
dentify the action required, the monitoring that must
occur, and the agency or department responsible for oversight.

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2 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

A
esthetics

A
ES
-
2 Windrows in Project Landscaping

A windrow shall be created throughout the length
of the Beverly Drive greenbelt. In addition, in order
to reinforce the project’s boundaries, windrows
shall be
created between the project area and the
proposed school project, which abuts the project
area, and between the Phase 1 and Phase 2
boundaries. The windrows shall be designed to
emulate traditional regional windrows originally
planted for farming operation
s, including spacing
of trees and tree species of like stature as
determined by the Community Development
Director. The windrow plan shall be submitted for
review and approval by the Oxnard Planning
Department prior to issuance of grading permits or
buildi
ng permits in the TCSP area. The windrows
shall be maintained for the life of the project,
including necessary irrigation and protection for
tree establishment and tree maintenance and
replacement to maintain the aesthetic look and
tree safety for the life

of the project.

Submit a windrow plan for review and
approval
prior to issuance of grading
permits or building permits in the TCSP
area
.

C
reate windrows throughout the
length of the Beverly Drive greenbelt,
between the project and the proposed
school project, and between the Phase
1 and Phase 2 boundaries.

Maintain windrows for the life of the
project.

Review and approve
the windrow plan.

Conduct inspections
to ensure
maintenance of
windrows for the life
of the project.

Once prior to
issuance of
grading
permits or
building
permits.

Periodically
throughout
life of the
project

City of
Oxnard
Community
Development
Department

Agricultural
Resources

AG
-
1 Agricultural Conservation

The applicant shall implement one of the two
options below. The applicant for projects involving
the Phase 1 properties shall implement Option 1,
the Agricultural Conversion In
-
Lieu fee.

For the
applicants for Phase 2 properties, Option 1 is also
the preferred option, though the City may review
and allow Option 2.

Option

#1: Agricultural Co
nservation

In
-
Lieu Fee.

Prior to issuance of the first grading permit, the
applicant shall have paid an agricultural
conservation in
-
lieu fee to the City of Oxnard. The
final fee amount shall be determined by the City of
Oxnard at its discretion. The funds shall be used for
The

applicant shall implement one of
the two options, either paying an
agricultural conservation in
-
lieu fee

(Option #1)
, which is preferred, or
have
recorded permanent agricultural
conservation easements on at least 50
acres in either the Oxnard Plain area of
Ventura County, the Santa Clara River
floodplain, or a location otherwise
deemed acceptable by the City of
Oxnard Community Development
Depa
rtment

(Option #2)
.

Confirm payment of
fees
(Option #1)
or
recordation of
agricultural
conservation
easements

(Option
#2)
.

Option #1:

Prior to
issuance of
the first
grading
permit

Option #2:

Prior to
recordation of
the first final
map in the
TCSP area

City of
Oxnard
Community
Development
Department

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Mitigation Monitoring and Reporting Program

3 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

land acquisition (land or structure), refurbishment
and/or construction of farmworker housing units
within Oxnard. The use of such funds shall be
determined at the discretion of the City Manager,
Community Development Director, and Housing
Director.

Option #2: Purchase of Agricultural Conservation
Easements.

Prior to recordation of the first final
map in the TCSP area, the applicant shall have
recorded permanent agricultural conservation
easements on at least 50 acres in either the
Oxnard Plain area of Ventura County, the Santa
Clara River floodplain, or a lo
cation otherwise
deemed acceptable by the City of Oxnard
Community Development Department. Prior to
issuance of a building permit for construction of
the 500th residential unit, the applicant shall

have
recorded permanent agricultural conservation
easements on at least 100 acres in the Oxnard
Plain area of Ventura County, the Santa Clara River
floodplain, or a location otherwise deemed
acceptable by the City of Oxnard Community
Development Departmen
t. Prior to issuance of a
building permit for construction of the 990
th

residential unit, the applicant shall have recorded
permanent agricultural conservation easements on
at least 149.5 acres in the Oxnard Plain area of
Ventura County, the Santa Clara Ri
ver floodplain,
or a location otherwise deemed acceptable by the
City of Oxnard Community Development
Department. All agricultural lands to be preserved
via conservation easement shall be of comparable
quality to the farmland of statewide importance
that w
ould be converted under implementation of
the TCSP, containing row crops or tree crops and
high soil fertility. Agricultural conservation
easements shall perpetually restrict non
-
farm
development and other

uses that are inconsistent
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Teal Club Specific Plan

4 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

with commercial agriculture. To the extent
feasible, the applicant shall coordinate with and
provide
funding for qualified land conservation
entities (i.e., land trusts) to secure and hold the
easements in perpetuity.

AG
-
2 Agricultural Buffers

TCSP development adjacent to active agricultural
operations shall provide fencing and a minimum
buffer of 300 feet to the agricultural operations,
consistent with the
Ventura County Agricultural
Commissioner’s Agricultural/Urban Buffer Policy
(2006). If this distance is not practical due to
project design or features, a minimum 150
-
foot
buffer is acceptable if a vegetative screen is
provided as specified in the Agricult
ural/Urban
Buffer Policy. Consistent with Mitigation Measure
AES
-
2, vegetative screens shall be windrows
designed to emulate traditional regional windrows
originally planted for farming operations, including
spacing of trees and tree species of like statur
e as
determined by the Community Development
Director.

Provide f
encing
and a minimum buffer
of 300 feet (or 150 feet with vegetative
screen if 300 feet is not possible due to
project design) for development
adjacent to active agricultural
operations.

The City shall review
plans
to

confirm the
necessary
agricultural buffers
are
included in
project plans.

Once

prior to
issuance of
grading
permit.

City of
Oxnard
Community
Development
Department

Air Quality

AQ
-
1 (a) Dust Control Measures

The following shall be implemented during grading
and construction to control dust.

1. The area disturbed by clearing, grading, earth
moving, or excavation operations shall be
minimized to prevent excessive amounts of
dust.

2. Pre
-
grading/excavation activities shall include
watering the area to be graded or excavated
before commencement of grading or
excavating activities. Application of water
(preferably reclaimed, if available) should
penetrate sufficiently to minimize fugitiv
e dust
during grading activities.

I
mplement dust
control measures
during construction and grading.

Confirm dust control
measures are
implemented.

Periodically
throughout
constructi
o
n

activities.

City of
Oxnard
Community
Development
Department

1268
Mitigation Monitoring and Reporting Program

5 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

3. Fugitive dust produced during grading,
excavation, and construction activities

shall be
controlled by the following activities:

All trucks shall be required to cover their
loads as required by California Vehicle Code
Section 23114.

All graded and excavated material, exposed
soil areas, and active portions of the
construction site,
including unpaved on
-
site
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 approp
riate. Watering shall
be done as often as necessary and
reclaimed water shall be used whenever
possible.

4. Graded and/or excavated inactive areas of the
construction site shall be monitored at least
weekly for dust stabilization. Soil stabilization
methods shall be periodically applied to
portions of the construction site that are
inactive for over four days. I
f no further grading
or excavation operations are planned for the
area within three weeks, it shall be seeded and
watered until grass growth is evident, or
periodically treated with environmentally safe
dust suppressants, to prevent excessive fugitive
dust
.

5. Signs shall be posted on
-
site limiting traffic to
15 miles per hour or less.

6. During periods of high winds (i.e., wind speed
sufficient to cause fugitive dust to affect
adjacent properties), all clearing, grading, earth
moving, and excavation operations shall be
curtailed to the degree necessary to prevent
1269
City of
Oxnard

Teal Club Specific Plan

6 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

fugitive dust from being an annoyance or
hazard, either off
-
site or on
-
site.

7. Adjacent streets and roads shall be swept at
least once per day, preferably at the end of the
day, if visible soil material is carried over to
adjacent streets and roads.

8. Personnel involved in grading operations,
including contractors and subcontractors, shall
wear respiratory protection in accordance with
California Division of Occupational Safety and
Health regulations.

9. Shaker plates shall be installed at all truck exits
from the site.

10. Dust control requirements shall be shown on all
grading plans.

Signs displaying the APCD Complaint

Line
Telephone number for public complaints shall be
posted in a prominent location visible off the site:
(805) 303
-
3708 during business hours and (805)
303
-
3700 after hours.

AQ
-
1(b)
Construction Equipment Controls

The following shall be implemented during
construction to minimize emissions of ozone
precursors.

1. Construction contractors shall minimize
equipment idling time throughout construction.

Engines shall be turned off if idling would be for
more than five minutes.

2. Equipment engines shall be maintained in good
condition and in proper tune as per
manufacturers’ specifications.

3. The number of pieces of equipment operating
simultaneously shall be minimized.

4. Construction contractors shall use alternatively
fueled construction equipment (such as
compressed natural gas, liquefied natural gas,
or electric) when feasible.

Implement construction equipment
controls to minimize emissions of
ozone precursors during construction.

Confirm measures
are implemented.

Periodically
throughout
constructi
o
n
activities.

City of
Oxnard
Community
Development
Department

1270
Mitigation Monitoring and Reporting Program

7 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

5. The engine size of construction equipment shall
be the minimum practical size.

6. Heavy
-
duty diesel
-
powered construction
equipment manufactured after 1996 (with
federally mandated clean diesel engines) shall
be utilized wherever feasible.

7. During the smog season (May through
October), the construction period should be
lengthened so as to minimize the number of
vehicles and equipment operating at the same
time.

8. Use of minimum of Tier 4 diesel rating for off
-
road construction equipment and engine model
year 2010 and above for on
-
road construction
vehicles.

AQ
-
1(c) Low Volatile Paints

Low volatile interior and exterior paints (less than
50 g/L ROC/VOC) shall be used for
architectural
coatings wherever painted surfaces are proposed.

Use low volatile paints.

Verify that building
plans
specify use of
low volatile paints.

Once p
rior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

AQ
-
2(a) TDM Fees

The TCSP project developer shall provide payment
of fees to the City’s Transportation Demand
Management Plan Fund Fee for Mitigation for Air
Quality. Fees will be based on the formula
provided by the Ventura County APCD. The fees
will be based on the excee
dance of the threshold
for ROG and NOx that is attributable to mobile
emissions for Phase 1 and Phase 2. The fees shall
be based on the unit cost for ROG and NOx, in
effect at the time the fee is to be paid using the
VCAPCD guidelines formula of:



(excess emissions lbs/day) x (unit cost ROG) x
(days in operation) x (3 years) = Total cost



(excess emissions lbs/day) x (unit cost NOx) x
(days in operation) x (3 years) = Total cost

Provide payment of fees to the
City’s
Transportation Demand Management
Plan Fund Fee for Mitigation for Air
Quality.

Payment of Phase 1 fees is required
prior to issuance of the first certificate
of occupancy for Phase 1. Payment of
Phase 2 fees is required prior to
issuance of the first certificate of
occupancy for Phase 2. Payment of
fees associated with the additional

Annexation area is required for future
developers prior to issuance of
certificate of occupancy.

V
erify payment of
fees and
keep
record
of payment of the
required fees
on file
.

Prior to
certificate of
occupancy for
each phase
.

City of
Oxnard
Community
Development
Department

1271
City of
Oxnard

Teal Club Specific Plan

8 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Payment of Phase 1 fees is required prior to
issuance of the first certificate of occupancy for
Phase 1. Payment of Phase 2 fees is required prior
to issuance of the first certificate of occupancy for
Phase 2. Payment of fees associated with the
additional

Annexation area is required for future
developers prior to issuance of certificate of
occupancy.

AQ
-
2(b)

Increased Efficiency

Applicants for all projects in the TCSP area and in the nine parcels south of Teal Club Road proposed for
Annexation shall include in construction and building
management contracts the following

energy saving
requirements, or measures
shown to be equally
effective:



Residential and commercial land use shall
increase efficiency 15% beyond Title 24 to
achieve a Tier 1 “green building” designation
within the California Green Building Code, or
equivalent as determined by the Community
Development Director.



Use of solar or low
-
emission water heaters in
new buildings.



Require that commercial landscapers providing
services at the common areas of the TCSP area
use electric or battery
-
powered equipment, or
other internal combustion equipment that is
either certified by the California Air Resources
Board or is three years o
ld or less at the time of
use, to the extent that such equipment is
reasonably available and competitively priced
in Ventura County (meaning that the
equipment can be easily purchased in stores in
Ventura County and the cost of the equipment
is not more

th
an 20% greater than the cost of
standard equipment).

I
nclude energy saving measures in
construction an
d

building management
contracts

and
provide

documentation of
energy savings associated with materials
proposed for use at time of building
permit application.

Verify measures are
included in
construction and
building
management
contracts.

Verify measures
implemented during
construction.

Once

prior to
building
permit
approval
.

Periodically
throughout
construction.

City of
Oxnard
Community
Development
Department

1272
Mitigation Monitoring and Reporting Program

9 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Applicants for all projects in the TCSP area shall
provide

documentation of energy savings associated
with materials proposed for use at time of building
permit application.

AQ
-
2(c)

Passive Energy Conservation Design

Applicants for all projects in the TCSP area and the
nine parcels south of Teal Club Road proposed for
Annexation shall include passive energy conservation
design elements, including building
material massing,
orientation, architectural elements (deeply recessed
windows, eave overhangs, etc.), landscape shading,
recycled or low
-
impact materials, window glazing to
increase insulation, and water circulation pumps to
reduce water use, and/or simil
ar measures shown to
be equally effective.

I
nclude passive energy conservation
design elements
and provide

documentation of energy savings
associated with building materials and
method
s at the time of building permit
application.

Review documents
for achievement of
adequate energy
conservation
.

Once prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

AQ
-
2(d)

Natural
Ventilation

Applicants for all projects in the TCSP area and the
nine parcels south of Teal Club Road proposed for
Annexation shall include natural ventilation in
building design plans.

Include natural ventilation in building
design plans.

Review plans to
confirm they include
natural ventilation.

Once prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

Biological Resources

BIO
-
1(a)
Nesting Bird Survey

If tree removal is to occur during the bird
-
breeding
season (February 15 through September 15), at a
minimum one (1) survey shall be conducted prior
to tree removal by a qualified biologist (a person
with a biology degree and/or established skills in
bird
recognition). The survey shall occur no more
Conduct

a survey prior to tree removal
.

S
ubmit to the City Planning
Department a copy of the biologist
contract for review and approval
.

Review and approve
the biologist contract
and the report
summarizing the
survey findings.

Once p
rior to
issuance of
grading
permits
.

City of
Oxnard
Community
Development
Department

1273
City of
Oxnard

Teal Club Specific Plan

10 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

than one (1) week prior to tree removal. The work
limits plus a 250
-
foot buffer, as feasible, shall be
surveyed to accommodate potential active raptor
nests, as well as other birds nesting nearby. A copy
of the biologist contract for these services shall b
e
submitted to the Planning Department for review
and approval prior to issuance of grading permits.

A report summarizing the findings of the survey
and the recommended buffers shall be provided to
the Planning Department prior to vegetation
removal activi
ties.

Provide a report summarizing the
findings

to the Planning Department
prior to vegetation removal activities
.

BIO
-
1(b)

Establishment of Appropriate Buffers

In the event that nesting birds are observed within
250 feet of the disturbance/construction area,
species
-
specific exclusionary buffers shall be
determined by the qualified biologist, and
construction timing and location shall be adjusted
accordingly unti
l the nestlings have fledged and are
no longer dependent upon the nest. The active
nests and exclusionary buffers shall be monitored
by a qualified biologist (at least initially) to
determine if the active nests are being adversely
affected by construction

activities and to
determine if a buffer would need to be increased
to reduce

such effects.

Install e
xclusionary buffers
as
determined by the biologist if nesting
birds are found.

Verify buffers are in
place.

Periodically
during
construction.

City of
Oxnard
Community
Development
Department

BIO
-
2(a)

Monarch Butterfly Survey

If tree removal occurs during the aggregation
season (September through December), a qualified
biologist (a person with a biology degree and/or
established experience with butterflies) shall
determine the presence/absence of monarch
butterfly activity on
-
s
ite. At a minimum, one
survey shall be performed no more than one week
prior to initial tree removal. A copy of the biologist
contract for these services shall be submitted to
the Planning Department for review and approval
prior to issuance of grading per
mits. A report
Applicant shall ensure a qualified
biologist is on site to determine
presences/absence of monarch
butterflies on site during aggregation
season.

Submit the biologist contract to the
Planning Department for review and
approval.

Provide a report summarizing the
findings

to the Planning Department
.

Review and approve
the biologist contract
and the report
summarizing the
survey findings.

Prior to
issuance of
grading
permits
.

City of
Oxnard
Community
Development
Department

1274
Mitigation Monitoring and Reporting Program

11 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

summarizing the findings of the survey and the
recommendations shall be provided to the
Planning Department prior to tree
trimming/removal activities
.

BIO 2(b) Establishment of Appropriate Buffers

If temporary aggregation activity is observed, a
100
-
foot buffer shall be
established until after the
aggregation season or until the monarchs have left
the site.

Install buffers as determined by the
biologist.

Verify buffers are in
place.

Periodically
during
construction.

City of
Oxnard
Community
Development
Department

Cultural Resources

CR
-
1(a) Native American Monitoring

(
r
ecommended mitigation measure
)

Developer shall contract with a Native

American
monitor to be present during all subsurface
grading, trenching or construction activities on the
project area. The monitor shall provide a monthly
report to the Planning Division summarizing their
activities during the reporting period. A copy of the
contract for these services shall be submitted to
the Planning Manager for review and approval
prior t
o grading activities on site. The

monitoring
report(s) shall be provided to the Planning Division
prior to approval of final building permits.

C
ontract with a Native American
monitor who will provide a monthly
report to the Planning Division
.

Review and approve
the contract and
review and approve
monthly reports.

Review
contract prior
to issuance of
grading
permit.

Review
reports
monthly.

City of
Oxnard
Community
Development
Department

CR
-
1(b
)
Procedures for Discovery of Intact Cultural
Resources

(
r
ecommended mitigation measure)

In the event that archaeological resources are
unearthed during project construction, all earth
disturbing work

within the vicinity of the find must
be temporarily suspended or redirected until an
archaeologist has evaluated the nature and
significance of the find. After the find has been
appropriately mitigated, work in the area may
resume. A Chumash representative

shall monitor
any mitigation work associated with Native
American cultural material.

In the event that archaeological
resources are unearthed during project
construction

applicant shall halt
ground disturbing work and ensure a
Chumash representative is on site to
monitor mitigation work
.

Verify monitor is in
place.

Periodically
during
construction.

City of
Oxnard
Community
Development
Department

1275
City of
Oxnard

Teal Club Specific Plan

12 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

CR
-
1(c) Procedures for Discovery of Human Remains

(
r
ecommended mitigation measure)

If human remains are unearthed, State Health and
Safety Code Section 7050.5 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 descent, the
coroner has 24 hours to not
ify the California Native
American Heritage Commission.

In the case that human remains are
unearthed Applicant must not further
disturb them and must contact the
California Native American Heritage
Commission within 24 hours if the
remains are of Native American
descent
.

Verify work has
stopped and
procedures are
followed.

Periodically
during
construction.

City of
Oxnard
Community
Development
Department

CR
-
1(d) Unanticipated Discovery of Tribal Cultural Resources (
r
ecommended mitigation measure)

In the event that cultural resources of Native
American origin are identified during construction,
all earth
-
disturbing work within the vicinity of the
find
must be temporarily suspended or redirected
until an archaeologist has evaluated the nature
and significance of the find and an appropriate
Native American representative, based on the
nature of the find, is consulted. If the City
determines that the resou
rce is a tribal cultural
resource and thus significant under CEQA, a
mitigation plan shall be prepared and
implemented in accordance with state guidelines
and in consultation with Native American groups.

The plan would include avoidance of the resource
or,

if avoidance of the resource is infeasible, the
plan would outline the appropriate treatment of
the resource in coordination with the archeologist
and the appropriate Native American tribal
representative.

In the event that cultural resources of
Native American origin are identified
during construction, all earth
-
disturbing work must be suspended or
redirected. An archaeologist must
evaluate the find and a Native
American representative must be
consulted. If

necessary, a mitigation
plan shall be prepared and
implemented to avoid the resource if
feasible.

Verify work has
stopped and
procedures are
followed.

Periodically
during
construction
.

City of
Oxnard
Community
Development
Department

Geology and Soils

GEO
-
2 Geotechnical
Recommendations

All recommendations contained within the TCSP
geological “due diligence” investigation conducted
by Geolabs in 2004 (Appendix D of this EIR) shall be
followed for future development proposals within
the TCSP area and annexation area south of Teal
Incorporate

geotechnical
recommendations
into grading and
construction plans.

Review and approve
grading and
construction

plans to
ensure geotechnical
Prior to
issuance of
grading and
building
permits.

City of
Oxnard
Community
Development
Department

1276
Mitigation Monitoring and Reporting Program

13 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Club Road. These recommendations include the
following, unless superseded by a project
-
specific
geotechnical report reviewed and approved



A uniform blanket of compacted fill shall be
created for support of structural footings in the
alluvial area.



Areas that are to be paved shall be scarified to
at least 12 inches below existing or rough grade
(whichever is deeper), brought to near
material’s optimum moisture content, and
compacted to appropriate relative compaction.



Areas with disturbed materials and areas to
support structures shall be improved by over
excavating the unsuitable materials and
replacing them with engineered fill.



Any import materials that are to be used as
structural fill shall be approved by a qualified
geotechnical engineer prior to placement.



Compressible soils that lie within areas to
receive engineered fill shall be removed to
relatively incompressible material, moisture
conditioned, and replaced as properly
compacted fill.



Conduct laboratory testing to verify the
expansive properties of the near
-
pad
-
grade
materials shall be performed at the completion
of rough grading.

Supplemental subsurface investigations shall be
performed for each specific development project
within the project area to more thoroughly
evaluate the materials within the site and
update/augment the measures listed above as
appropriate. These reports sha
ll be submitted for
City review and approval prior to issuance of
grading or building permits within the project area.

All recommendations of the supplemental
recommendations
are included
.

1277
City of
Oxnard

Teal Club Specific Plan

14 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

investigations shall be incorporated into approved
grading and construction plans.

Hazards and Hazardous Materials

HAZ
-
2(a)

Asbestos and Lead Based Paint Surveys

Prior to issuance of a demolition permit for any
structure, a lead
-
based paint and asbestos survey
shall be performed by a qualified and appropriately
licensed
professional and submitted to the City. All
testing procedures shall follow recognized local
standards as well as established California and
Federal assessment protocols. The lead
-
based
paint and asbestos survey report shall quantify the
areas of lead
–
bas
ed paint and asbestos containing
materials.

Conduct
lead
-
based paint and asbestos
survey

and submit to City
.

Review and approve
survey report.

Prior to
issuance of
demolition
permit.

City of
Oxnard
Community
Development
Department

HAZ
-
2(b)

Asbestos Abatement

Prior to any demolition or renovation, onsite
structures that contain asbestos must have the
asbestos containing material removed according to
proper abatement procedures recommended by
the asbestos consultant and as required by the
VCAPCD. All abatement a
ctivities shall be in
compliance with California and Federal OSHA, and
with the VCAPCD requirements. Only asbestos
trained and certified abatement personnel shall be
allowed to perform asbestos abatement. All
asbestos containing material removed from onsit
e
structures shall be hauled and disposed of by a
transportation company licensed to handle
asbestos
-
containing materials and disposed of at a
licensed receiving facility and under proper
manifest. Following completion of the asbestos
abatement, the asbest
os consultant shall provide a
report documenting the abatement procedures
used, the volume of asbestos containing material
removed, where the material was disposed. This
report shall include transportation and disposal
manifests or dump tickets. The abatem
ent report
Remove a
sbestos containing material
according to proper abatement
procedures recommended by the
asbestos consultant and as required by
the VCAPCD
.

Prepare and submit abatement report
to the VCAPCD and City.

Verify procedures are
followed.

Review and approve
abatement report.

Prior to
issuance of
demolition
permit and as
needed during
demolition.

City of
Oxnard
Community
Development
Department

and VCAPCD

1278
Mitigation Monitoring and Reporting Program

15 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

shall be prepared for the property owner or other
responsible party, with a copy submitted to the
VCAPCD and the City of Oxnard.

HAZ
-
2(c) Lead Based Paint Removal

Prior to the issuance of a permit for the renovation
or demolition of any structure, a licensed lead
-

based paint professional shall be contracted to
evaluate the
structure for lead
-
based paint. If lead
-
based paint is discovered, it shall be removed
according to proper abatement procedures
recommended by the consultant and in
accordance with VCAPCD, State of California and
Federal requirements. Only lead
-
based paint

trained and certified abatement personnel shall be
allowed to perform abatement activities. All lead
-
based paint removed from these structures shall
be hauled and disposed of by a transportation
company licensed to transport this type of
material. In addi
tion, the material shall be taken to
a landfill or receiving facility licensed to accept the waste. Following completion of the lead based
paint abatement, the lead based paint consultant
shall provide a report documenting the abatement
procedures used, th
e volume of lead based paint
removed, where the material was moved to, and
include transportation and disposal manifests or
dump tickets. The abatement report shall be
prepared for the property owner or other
responsible party, with a copy submitted to the

VCAPCD and the City of Oxnard.

Remove lead based paint
according to
proper procedures
.

Prepare and submit abatement report
to the VCAPCD and City.

Verify procedures are
followed.

Review and approve
abatement report.

Prior to
issuance of
demolition
permit and as
needed during
demolition.

City of
Oxnard
Community
Development
Department

and VCAPCD

HAZ
-
3 Remediation

The following recommendations (including those
contained in the Phase I ESA) shall be implemented
during
construction of projects in the TCSP area:



The upper agricultural disturbed soil
(approximately upper 1 to 1.5 feet below
surface level, to be determined by Building and
U
pper agricultural disturbed soil shall
be removed and the site shall be
recompacted.

Monitor r
esidual
levels of

pesticides
and metals.

Verify grading plans
include removal and
recompaction of soil.

Verify monitoring has
occurred.

Prior to
approval of
grading
permit.

City of
Oxnard
Community
Development
Department

and Oxnard

1279
City of
Oxnard

Teal Club Specific Plan

16 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Engineering Services), shall be removed and the
site shall be recompacted.



Monitoring of residual levels of pesticides and
metals (including arsenic and lead) shall be
confirmed both during and following
completion of the grading activities to be sure
residual levels are below action levels. San
Francisco Bay Regional Water Quali
ty Control
Board’s Environmental Screening Levels (ESLs)
and hazardous waste screening thresholds for
contaminants in soil (CCR Title 22, Section
66261.24) shall be used to set appropriate
residual levels of contamination found.



If residual organochlorine pesticide or metals
contamination (including arsenic and lead) is
found at levels exceeding ESLs and/or
hazardous waste screening thresholds for
contaminants in soil (CCR Title 22, Section
66261.24), a Soil Management Plan, Remov
al
Action Plan or equivalent document must be
prepared by a qualified hazardous materials
consultant. The plan must establish remedial
measures and/ or soil management practices to
ensure construction worker safety and the
health of future workers, residen
ts, and
visitors. The Plan shall be submitted to the
hazardous materials response team in the
Oxnard Fire Department for review and
approval.

If residual
pesticides or metals are
found to
exceed ESLs and/or hazardous
waste screening thresholds for
contaminants in soil
, prepare a
Soil
Management Plan, Removal Action
Plan
and
submitted to the hazardous
materials response team in the Oxnard
Fire Department for review and
approval.

Review and approve
Soil Management
Plan
.

Fire
Department

HAZ
-
5(a) FAA Notification.

For all development in the TCSP area and the
additional annexation area, the applicant shall
notify the FAA via online application at FAA’s
https://oeaaa.faa.gov/oeaaa/external/portal.jsp
website. The FAA will determine if the structure is
an “obstruction”

or “hazard” to aviation, and if so,
will make recommendations to reduce the
obstruction or hazard. Prior to issuance of building
Notify

the FAA
.

Implement recommendations from
FAA as appropriate.

Forward the FAA determination and
recommendations to the City.

Verify FAA has
reviewed plans and
that the applicant
has implemented
recommendations as
appropriate.

Prior to
issuance of
building
permit.

City of
Oxnard
Community
Development
Department

1280
Mitigation Monitoring and Reporting Program

17 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

permits, the applicant shall forward the FAA
determination and recommendations to the City of
Oxnard and the City shall require that the applicant
implement the recommendations provided by

the
FAA. Recommendations may include the use of red
obstruction lighting on new construction.

HAZ
-
5(b) Structural Coverage in the TCSP Area

Structures within the TCSP area shall conform to
the following guidelines:



Residential uses: Maximum structural
coverage of the residential planning areas
must be no more than 25%.
“Structural
coverage” is defined as the percent of building
footprint area to total land area, including
streets and greenbelts



Commercial uses: Maximum structural
coverage of the commercial planning areas
must not exceed 50%. “Structural coverage” is
defined as the percent of building footprint
area to total land area, including streets and
greenbelts.

Include in project plans that s
tructural
coverage shall be no more than 25% in
residential areas and no more than
50% in commercial areas
.

Verify project plans
meet guidelines.

Prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

HAZ
-
5(c)

Structural Coverage in the Additional Annexation Area

Structures within the additional annexation area
shall conform to the
following guidelines:

Commercial and industrial uses: Maximum
structural coverage must not exceed 50%.
“Structural coverage” is defined as the percent of
building footprint area to total land area, including
streets and greenbelts. Where
development is
proposed immediately adjacent to the airport
property, site plans shall be designed to locate
structures as far as practical from the runway.

Include in project plans that s
tructural
coverage in the additional annexation
area shall not exceed 50%
.

Verify project plans
meet guidelines.

Prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

1281
City of
Oxnard

Teal Club Specific Plan

18 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Hydrology and Water Quality

HWQ
-
4 Dewatering Program

Prior to the issuance of any grading
permits in the
project area, a qualified engineer, hydrologist or
hydrogeologist shall estimate from the final
engineering plans the volume of dewatering
necessary for development within the project area.

If dewatering is required, a dewatering program
sha
ll be designed to properly convey and treat
dewatering discharge in accordance with the
NPDES permits, as well as state and local
regulations. The program shall be subject to the
approval of the City of Oxnard Public Works
Department. The program shall inc
lude site design
methods for treatment and conveyance of
temporary, and permanent if required, dewatering
discharge, including infiltration ponds, vegetated
swales, and/or reuse for landscape irrigation. Prior
to the implementation of a dewatering program,

groundwater sampling shall be performed to
ensure that the system is adequately designed and
permitted to address onsite groundwater
conditions. Groundwater samples shall be analyzed
for chemicals related to agricultural operations
(i.e.: pesticides and a
rsenic) , petroleum
hydrocarbons, and volatile organic compounds
(VOCs
).

qualified engineer, hydrologist or
hydrogeologist shall estimate from the
final engineering plans the volume of
dewatering necessary for development
within the project area
.

If necessary a dewatering program
shall be designed to properly convey
and treat dewatering discharge in
accordance with the NPDES permits, as
well as state and local regulations
.

Verify dewatering
plan in place, if
needed.

Prior to
issuance of
grading
permits.

City of
Oxnard
Public Works
Department

Land Use and Planning

LU
-
3(a) FAA Notification

For all development in the TCSP area and the
additional Annexation area, the applicant shall
notify the FAA via online application at FAA’s
https://oeaaa.faa.gov/oeaaa/external/portal.jsp
website. The FAA will determine if the structure is
an “obstruction”

or “hazard” to aviation, and if so,
will make recommendations to reduce the
obstruction or hazard. Prior to issuance of building
Notify the FAA.

Implement recommendations from
FAA as appropriate.

Forward the FAA determination and
recommendations to the City.

Verify FAA has
reviewed plans and
that the applicant
has implemented
recommendations as
appropriate.

Prior to
issuance of
building
permit.

City of
Oxnard
Community
Development
Department

1282
Mitigation Monitoring and Reporting Program

19 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

permits, the applicant shall forward the FAA
determination and recommendations to the City of
Oxnard and the City shall require that the applicant
implement the recommendations provided by the
FAA. Recommendations may include the use of red
obstruction lig
hting on new construction.

LU
-
3(b)
Structural Coverage in the TCSP Area

Structures within the TCSP area shall conform to
the following guidelines:



Residential uses: Maximum structural coverage
of the residential planning areas must be no
more than 25%. “Structural coverage” is
defined as the percent of building footprint
area to total land area, including streets and
greenbelts



Include in project plans that s
tructural
coverage shall be no more than 25% in
residential areas and no more than
50% in commercial areas
.

Verify project plans
meet guidelines.

Prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

LU
-
3(c) Structural Coverage in the Additional Annex
ation

Area

Structures within the additional Annexation area
shall conform to the following guidelines:

Commercial and industrial uses: Maximum
structural coverage must not exceed 50%.
“Structural coverage” is defined as the percent of
building footprint area to total land area, including
streets and greenbelts. Where development is
proposed immediately adja
cent to the airport
property, site plans shall be designed to locate
structures as far as practical from the runway

Include in project plans that s
tructural
coverage in the additional annexation
area shall not exceed 50%
.

Verify project plans
meet guidelines.

Prior to
issuance of
building
permits.

City of
Oxnard
Community
Development
Department

LU
-
3(d) Avigation Easement

Prior to issuance of final tract maps for
development pursuant to the proposed Specific
Plan or rezone of additional Annexation areas, the
G
rant an avigation easement to the
County of Ventura acknowledging that
Verify avigation
easement has been
granted.

Prior to
issuance of
City of
Oxnard
Community

1283
City of
Oxnard

Teal Club Specific Plan

20 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

project applicant shall grant an avigation easement
to the County of Ventura to record that the
property owner(s) acknowledge that their
properties are in an area subject to frequent
aircraft overflights and that such overflights may
result in noise, exhau
st emissions and vibrations.

their properties are in an area subject
to frequent aircraft overflights.

final tract
maps
.

Development
Department

Public Services and Recreation

PS
-
1 New Fire
Station, Equipment, and Staffing

The developer shall provide sufficient proportional
funding for development of an additional fire
station, fire engine, and staff to provide
fire/emergency services to the project area. The
City of Oxnard shall
create a Community Facilities
(Mello Roos) District within the project area to
offset proportional associated staffing costs.

Mitigation shall be in place and operational prior
to occupancy to be determined by the Oxnard Fire
Department

Provide

sufficient proportional funding
for development of an additional fire
station, fire engine, and staff to
provide fire/emergency services to the
project area
.

Verify funds have
been provided.

Create

a Community
Facilities

District
within the project
area
.

Prior to
occupancy
permit.

City of
Oxnard
Community
Development
Department

and Oxnard
Fire
Department

PS
-
2 (a)

Oxnard Police Department Consultation

Prior to approval of individual Development Design
Review permits, the developer shall work
closely
with the Oxnard Police Department prior to the
final design of the project to ensure the
development of adequate security measures for
the construction and occupancy stages of
development. Such measures shall include but are
not limited to the foll
owing:



Compliance with Oxnard Police Department
recommendations relative to building
design, site design, visibility, access, graffiti
control, landscaping, security lighting, doors,
locks and other relevant factors in the
preparation of the final plans.



The Oxnard Police Department shall be
included in the plan check process to enable
the Department to recommend specific
improvements that will enhance crime
Coordinate

with the Oxnard Police
Department to ensure there are
adequate safety measures included in
the construction and occupancy stages
of development.

Implement Police Department
recommendations.

Confirm coordination
has occurred and
that
recommendations
are implemented.

Prior to
approval of
individual
Development
Design Review
permits

City of
Oxnard
Community
Development
Department

and City of
Oxnard Police
Department

1284
Mitigation Monitoring and Reporting Program

21 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

prevention for the project and allow for the
police to better plan for calls that may be
generated by the development.



Implement fencing and security measures
during the construction phase. The City of
Oxnard Police Department shall approve
security measures
.

PS
-
2 (
b
)

New Police Staffing

The developer shall provide sufficient proportional
funding for development of additional police
staffing to provide police
protection services to the
project area. The City of Oxnard shall create a
Community Facilities (Mello Roos) District within
the project area to offset proportional associated
staffing costs. Mitigation shall be in place and
operational prior to occupancy
to be determined
by the Oxnard Police Department.

Provide proportional funding for the
development of additional police
staffing.

Verify funds have
been provided.

Create

a Community
Facilities

District
within the project
area
.

Prior to
occupancy
permit.

City of
Oxnard
Community
Development
Department

and Oxnard
Police
Department.

Transportation/Traffic

T
-
1(a)
Ventura Road between Doris Avenue and Teal Club Road

(recommended mitigation measure)

The project developer shall construct the widening
of this roadway segment to primary arterial (six
lane) standards. Construction shall be completed
prior to occupancy clearance for any portion of
Phase 1 development.
.

I
mplement necessary
improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase 1
development
.

City of
Oxnard
Community
Development
Department

T
-
1(b)
Doris
Avenue between the Plan Area Boundary and Ventura Road

(recommended mitigation measure)

The project developer shall construct the widening
of this roadway segment to full local arterial (four
lane) standards. Construction shall be completed
prior to
occupancy clearance for any portion of
Phase 1 development.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase 1
development
.

City of
Oxnard
Community
Development
Department

T
-
1(c)
Teal Club Road between Ventura Avenue and Coronado Road

(recommended mitigation measure)

The project developer shall construction the
widening of this roadway segment to full local
arterial (four lane) standards. Construction shall be
Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
Prior to
occupancy
clearance for
City of
Oxnard
Community

1285
City of
Oxnard

Teal Club Specific Plan

22 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

completed prior to occupancy clearance for any
portion of Phase 1 development.

plans and have been
completed.

any portion of
Phase 1
development
.

Development
Department

T
-
1(d)
Patterson Road
between the Plan Area Boundary and Teal Club Road

(recommended mitigation measure)

The project developer shall implement
improvements at this location of the widening of
this roadway segment to local arterial (two lane)
standards. Improvements shall occur prior to
occupancy clearance for any portion of Phase 2
development.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase
2 development
.

City of
Oxnard
Community
Development
Department

T
-
1(e)
Teal Club Road between Coronado Road and Patterson Road

(recommended mitigation measure)

The project developer shall implement
improvements at this location of the
widening of
this roadway segment to local arterial (four lane)
standards. Improvements shall occur prior to
occupancy clearance for any portion of Phase 2
development.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase
2 development
.

City of
Oxnard
Community
Development
Department

T
-
1(f)
Doris Avenue between Patterson Road and Victoria Avenue

(recommended
mitigation measure)

The project developer shall install safety measures
as determined by the City’s Traffic Engineer to
address the open ditch on the north side of the
roadway.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase
2 development
.

City of
Oxnard
Community
Development
Department

T
-
1(g)
Teal Club Road between Patterson Road and Victoria Avenue

(recommended mitigation measure)

The project developer shall install safety measures
as determined by the City’s Traffic Engineer to
address the open ditch on the north side of the
roadway.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase
2 development
.

City of
Oxnard
Community
Development
Department

T
-
2(a) Victoria Avenue and Teal Club Road

(recommended mitigation measure)

The project
developer sha
l
l

be responsible for
signalization of the intersection. Signalization shall
occur prior to occupancy clearance for any portion
of Phase 1 development.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
The City of
Oxnard
Community

1286
Mitigation Monitoring and Reporting Program

23 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

Phase
1 development
.

Development
Department

T
-
2(b) Ventura Road and

Beverly Drive

(Recommended mitigation measure)

The
project developer shall

be responsible for
signalization of the intersection. Signalization shall
occur prior to occupancy clearance for any portion
of Phase 1 development.

Implement necessary improvements at
each listed intersection.

Verify improvements
are part of project
plans and have been
completed.

Prior to
occupancy
clearance for
any portion of
Phase
1 development
.

The City of
Oxnard
Community
Development
Department

T
-
3(a) Victoria Avenue/ Doris Avenue
(recommended mitigation measure)

The project developer shall pay a fair share cost
(estimated at 40%) towards implementing
improvements to the Victoria Road and Doris
Avenue intersection that add a third northbound
through lane and a third southbound thru lane.

The fair share cost shall b
e determined by the
City’s Traffic Engineering Division based on the
project’s trip generation and distribution.

Improvements shall occur prior to occupancy
clearance for any portion of Phase 2 development.

Pay
a fair cost towards implementing
road
improvements at the Victoria
Road and Doris Avenue intersection.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

T
-
3(b) Victoria Avenue and Teal Club Road
(recommended mitigation measure)

The project developer shall pay a fair share cost
(estimated at 23%) towards implementing
improvements to the Victoria Avenue and Teal
Club Road intersection to signalize the intersection
and add a third southbound thru lane. To provide
for acceptable serv
ice levels, installation of a third
northbound and southbound through lane,
consistent with the future planned widening of
Victoria Avenue to Primary Arterial (six
-
lane)
standards, would be required. The fair share cost
shall be determined by the City’s Tr
affic
Engineering Division based on the project’s trip
generation and distribution. Improvements shall
occur prior to occupancy clearance for any portion
of Phase 2 development.

Pay the fair cost towards implementing
road improvements at the Victoria
Avenue and Teal Club Road
intersection.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

1287
City of
Oxnard

Teal Club Specific Plan

24 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

T
-
3( c) Patterson Road and Doris Avenue
(recommended mitigation measure)

The
project developer shall pay a fair share cost
(estimated at 21%) towards signalizing the
intersection of Patterson Road and Doris Avenue.

To provide for acceptable operations, a traffic
signal should be installed and a left
-
turn lane and
shared through/rig
ht
-
turn lane should be provided
on all approaches. This will require widening of the
eastbound approach. The fair share cost shall be
determined by the City’s Traffic Engineering
Division based on the project’s trip generation and
distribution. Improvement
s shall occur prior to
occupancy clearance for any portion of Phase 2
development
.

Pay a fair cost towards implementing
road improvements at the Patterson
Road and Doris Avenue intersection.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

T
-
4(a) Victoria Avenue/Gonzales Road
(recommended mitigation measure)

The project developer shall pay a fair share cost
(estimated at 10%) towards intersection
improvements
including conversation of the
southbound right
-
turn lane to a shared
through/right
-
turn lane, and conversion of the
westbound #2 through lane to a shared
through/right
-
turn lane. The fair share cost shall be
determined by the City’s Traffic Engineering
Div
ision based on the project’s trip generation and
distribution. Improvements shall occur in
conjunction with the widening of Victoria Avenue
south of Gonzale
s

Road to provide three
southbound travel lanes
.

Pay a fair cost towards implementing
road improvements at the Victoria
Avenue/Gonzales Road intersection.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

T
-
4(b) Patterson Road/Teal Club Road
(recommended mitigation measure)

The project developer shall pay a fair share cost
(estimated at 17%) towards signalizing the
intersection of Patterson Road and Teal Club Road.

The fair share cost shall be determined by the
City’s Traffic Engineering Division based on the
project’s trip generation and distribution.

Pay

a fair cost towards implementing
road improvements at the
Patterson
Road/ Teal Club
Road intersection
.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

1288
Mitigation Monitoring and Reporting Program

25 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

T
-
4(c) Ventura Road/Doris Avenue
(
re
commended mitigation measure)

The project developer shall pay a fair share cost
(estimated at 33%) towards reconfiguring the
intersection to a dedicated left
-
turn lane, a
through lane,
and a shared through/right
-
turn
lane. The fair share cost shall be determined by the
City’s Traffic Engineering Division based on the
project’s trip generation and distribution.

Improvements shall occur prior to Phase 2
occupancy clearance.

Pay a fair cost towards implementing
road improvements at the Ventura
Road/Doris Avenue intersection.

Verify fees have been
paid.

Prior to
occupancy
clearance for
Phase 2
development
.

City of
Oxnard
Community
Development
Department

Utilities and Energy

UTL
-
2 (
a)

Availability of Recycled Water

In order to ensure that the proposed TCSP does
not draw from Phase I AWPF recycled water, the
City shall confirm that planned additional AWPF
capacity is at least 50% funded and engineering
plans are 25%
completed before any building
permits for the first phase of the TCSP are issued
and/or adequate alternative new water are
available.

None

T
he City shall confirm
that planned
additional AWPF
capacity is at least
50% funded and
engineering plans are
25% completed
.

B
efore any
building
permits for
the first phase
of the TCSP
are issued
and/or
adequate
alternative
new water are
available
.

The City of
Oxnard
Community
Development
Department

UTL
-
2 (b)

On
-
site Recycled Water System

The recycled
water system serving the TCSP area
shall include the following:



Pipeline extension from the mainline in
Ventura Road to the property. The
developer shall be responsible for either
constructing the line or payment of fees to
the City for its construction.



A recycled water system that serves all
practical irrigated areas and which is: (1)
separated from the domestic water system;
(2) constructed per the City’s Recycled
Water Construction Standards; (3) irrigated
Include plans for the
recycled water
system serving the TCSP area
to
include the described features.

The city shall confirm
these features are in
place.

Once prior to
issuance of
building
permits.

The City of
Oxnard
Community
Development
Department

1289
City of
Oxnard

Teal Club Specific Plan

26 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

at night; and (4) properly signed. Note that
the signs shall be installed once the system is
fully operational.



Mainline shall be a public system with
meters, as appropriate, to recycled water
customers. The developer shall be
responsible for the design and construction
of the recycled water main pipeline system
within the development. Construction shall
be per City

standard requirements with
payment of applicable fees.



Separate meters for the portion of the
irrigated area intended for the future
recycled water system and the portion of the
system that will not be connected to the
future recycled water system, if any.



Until the recycled water system is
operational, the common area irrigation
system shall be connected to the domestic
system. Once recycled water is available,
and connection to the recycled water system
is made, the developer shall remove the
connection to

the domestic water system.



Prior to the availability of recycled water, the
developer shall be responsible for payment
of the Recycled Water Connection Fee or the
water connection fee, whichever is greater
for facilities constructed.



At such time as recycled water is available,
the developer shall be responsible for all
costs involved with the re
-
connection of the
applicable portions of the irrigation system
to the public recycled water system,
including appropriate signage. Credits fo
r
connection fees shall be given by the City
based on the size of the meter(s). Under no
circumstance will there be a refund of water
connection fees already paid.

1290
Mitigation Monitoring and Reporting Program

27 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments



The developer shall be responsible for
appropriate CCRs covering the use of
recycled water within the property and for
proper disclosures.

UTL
-
2 (c)

Exterior Water Conservation

The developer shall incorporate into the TCSP the
following exterior water conservation features in
order to reduce water demand to the greatest
extent feasible, with a goal of at
least 30% water
use reduction compared to traditional turf
landscaping. These shall include, but are not
limited to:



Landscape of common areas with low water
-
using plants (i.e., drought tolerant plant
species);



Weather
-
based irrigation controllers for all
landscaped areas;



Minimize the use of turf by limiting it to lawn
dependent uses; and,



Wherever turf is used, install warm season
grasses.

I
ncorporate exterior water
conservation features to reduce water
demand.

Verify features are
included in the
project plans.

Once prior to
issuance of
building
permits.

The City of
Oxnard
Community
Development
Department

UTL
-
2 (d)

On
-
site Domestic Water System

The on
-
site domestic water system shall include:



Connections to the City’s system in at least
two
locations as approved by the City,
generally located along the eastern side of
the property (Ventura Road) and along
either the north or south side of the
development away from Ventura Road.

There shall be an on
-
site looped main
transmission system through

the
development.



Public pipeline systems which feed into
separate water meters for each ownership.

In addition, there shall be separate water
The developer shall ensure the on
-
site
domestic water systems has
connections to the City’s system in at
least two locations as approved by the
City, public pipelines systems which
feed into separate water meters for
each ownership and
a
n internal water
system designed to provide for the
higher of either maximum day plus fire
or peak hour demand
.

Verify features are
included in the
project plans.

Once prior to
issuance of
building
permits.

The City of
Oxnard
Community
Development
Department

1291
City of
Oxnard

Teal Club Specific Plan

28 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

meters for each multi
-
family unit, but not
apartments.



An internal water system designed to
provide for the higher of either maximum
day plus fire or peak hour demand.

UTL
-
2 (e)

Water Neutrality

To ensure that the proposed TCSP meets the
objectives of the City’s Water Neutrality Policy, the
City shall confirm, at the time individual phases of
the
project are reviewed, that the FCGMA
allocation transfer rate in place is sufficient to
meet the water demand of the phase under
consideration. Additional water demand above the
amount of transferred supply, shall be provided by
the applicant to offset the

net additional water
demand associated with the project. This shall be
accomplished through a Water Neutrality Plan to
be reviewed and approved by the City prior to
issuance of any building permit. The Water
Neutrality Plan shall contain any combination o
f
the following

measures, or other measures
suggested by the Applicant, that are quantifiable,
permanent offsets of existing potable water use
elsewhere in the City, or bring new water supply to
the City, that match or exceed potable water
shortfall:

Use recycled water for indoor residential
uses, including but not limited to, toilet
flushing;

Use recycled water for indoor business park
and commercial elements of the project
including, but not limited to, toilet and urinal
flushing, process uses and
air conditioning.

Contribute to expansion of the City’s water
conservation program, such as but not limited
to offsets available through programs such as
Complete allocation transfers.

If additional water demand above the
transferred supply is needed, develop
a Water Neutrality Plan.

Review and confirm
allocation transfer
rates are sufficient to
meet demand.

Review and approve
Water Neutrality
Plan if needed.

Ensure
implementation of
the approved plan
.

P
rior to
issuance of
building
permit for
individual
phases.

Periodically
during life of
the project.

The City of
Oxnard
Community
Development
Department

1292
Mitigation Monitoring and Reporting Program

29 Mitigation Measure/

Condition of Approval

Applicant
Action Required

City
Monitoring
Action Required

Monitoring
Timing and
Frequency

Responsible

Agency

Compliance Verification

Initial

Date

Comments

toilet exchange and showerhead
replacements;

Provide to the City financial contributions
towards City programs which generate in
-
City
water conservation or recycled water capacity
or conveyance not otherwise required by
another State or local water conservation
program;

Participate in other similar programs with

cumulatively result in an adequate water
supply contribution; and

Provide to the City water supplies equal to
the shortage amount.

The City shall ensure implementation of the
approved plan in all aspects of permitting and
construction

of individual phases addressed in the
plan.

1293
City of
Oxnard

Teal Club Specific Plan

30 This page intentionally left blank.

1294
ORDINANCE NO. _____ AN ORDINANCE APPROVING PLANNING AND ZONING PERMIT NO. 15-640-01

(SPECIFIC

PLAN),

AND

CERTIFYING

FINAL

ENVIRONMENTAL

IMPACT

REPORT

NO.

2015-01

FOR

THE

TEAL

CLUB

SPECIFIC

PLAN,

GENERALLY

LOCATED

NORTH

TEAL

CLUB

ROAD,

EAST

PATTERSON

ROAD,

SOUTH

DORIS

AVENUE,

AND

WEST

VENTURA

ROAD,

(APNs

183-0-070-060,

-070,

-110,

-125,

-135,

-140,

-240)
.

FILED

DENNIS

HARDGRAVE,

BEHALF

BORCHARD

PROPERTY

CO-OWNERS,

434

PARK

COTTAGE

PLACE,

CAMARILLO,

CALIFORNIA

93012.

WHEREAS, the City Council of the City of Oxnard has considered the proposed Teal Club Specific Plan

(Exhibit

clarify

the

Urban

Village

outlined

within

the

2030

General

Plan;

create

planning

area

boundaries

and

Land

Use

Table.

The

new

land

use

designation

will

applied

combination

with

the

2030

General

Plan.

This

will

allow

for

the

option

develop

residential,

commercial,

mixed

use,

business

research

park,

and

open

space

under

the

Teal

Club

Specific

Plan,

identified

the

Teal

Club

Specific

Plan

within

the

project

area;

and
WHEREAS, on November 21, 2024, the Planning Commission of the City of Oxnard conducted a duly

noticed

public

hearing

where

written

and

oral

comments

were

received

and

reviewed

consider

application

for

adoption

the

Teal

Club

Specific

Plan

(PZ

15-640-01)

accordance

with

Chapter

16-575

the

Oxnard

City

Code;

and
WHEREAS, on November 21, 2024, the Planning Commission considered the project and recommended

the

following

revisions

the

project:

1. The proposed Teal Club Specific Plan shall include a minimum of 20 percent of the total 990

residential

units

designated

Affordable

units

subject

the

same

affordability

levels

and

ratios

(60

percent

very

low-income

and

40 percent

low-income

levels);

2. The proposed Class II bike lanes around the perimeter of the Teal Club Specific Plan area

developed

Class

bike

lanes;

3. The Landscape Guidelines for Residential Yards (Section 3.7.7) shall be revised to exclude

fountains

from

the

list

prohibited

items

front

yards

for

Detached

and

Attached

Cluster

Home

Areas

(R-2);

and

4. The Specific Plan shall encourage the development of electric energy developments. WHEREAS, on April 15, 2025, the City Council of the City of Oxnard conducted a duly noticed public

hearing

where

written

and

oral

comments

were

received

and

reviewed

consider

application

for

adoption

the

Teal

Club

Specific

Plan

(PZ

15-640-01)

accordance

with

Chapter

16-575

the

Oxnard

City

Code;

and
WHEREAS, the City Council finds, after due study, deliberation and a duly noticed public hearing on

April

15,

2025,

and

received

and

reviewed

written

and

oral

comments,

presented

staff

1295
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 2 of 6 and the Applicant, and that the project meets the criteria set out in Chapter 16-575 of the Oxnard

City

Code;

and
WHEREAS, the City Council found that Final EIR No. 2015-01 was completed in compliance with CEQA,

and

the

final

EIR

was

presented

the

City

Council

the

decision-making

body

the

Lead

Agency,

and

that

the

City

Council

reviewed

and

considered

the

information

contained

the

final

EIR

prior

approving

the

project;

and

the

final

EIR

reflects

the

lead

agency‘s

independent

judgment

and

analysis;

and
WHEREAS, the City Council certified Final Environmental Impact Report (FEIR) No. 2015-01 (State

Clearinghouse

No.

2012051080)

and

adopted

Statement

Overriding

Considerations.

The

FEIR

was

prepared

analyze

potential

impacts

associated

with

the

approval

and

the

implementation

The

Teal

Club

Specific

Plan

and

the

anticipated

build

out

the

149.72-acre

specific

plan

site.

The

FEIR

No.

2015-01

found

two

areas

significant

impacts

(Agricultural

Resources,

and

Air

Quality);

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

circumstances

exist:

1. As outlined in Section 6(b) and Attachment F of the Planning Commission Staff report, the

proposed

Specific

Plan

conformance

with

the

2030

General

Plan

and

other

adopted

policies

the

City

Oxnard.

2. As determined in the Final EIR No. 2015-01, the proposed Specific Plan will result in significant

impacts

which,

even

after

application

feasible

mitigation,

cannot

mitigated

less

than

significant

level

and

therefore

remain

significant

and

unavoidable,

and

will

result

benefits

such

economic,

legal,

social,

technological

other

benefits

that

may

outweigh

the

potential

significant

effects

the

environment.

3. As outlined in Section 6(c - g) of the Planning Commission Staff report, the proposed Teal

Club

Specific

Plan

conforms

adopted

City

standards

and

constitutes

good

City

planning.

WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected

the

City

its

discretion)

and

hold

harmless

the

City

Oxnard

and

its

agents,

officers

and

employees

from

and

against

any

claims,

actions

proceedings

attack,

set

aside,

void

annul

the

approval

this

ordinance

any

actions

proceedings,

acts

determinations

taken,

done

made

before

the

approval

this

ordinance

that

were

part

the

approval

process.

1296
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 3 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN

FOLLOWS:

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

SECTION 2. The City Council finds that the Teal Club Specific Plan is internally consistent with

all

other

provisions

the

City

Oxnard

2030

General

Plan.

SECTION 3. The City Council finds that the Teal Club Specific Plan will not be detrimental

the

public

interest,

health,

safety,

convenience,

welfare

the

City.

SECTION 4. The City Council finds that the project site associated with the Teal Club Specific

Plan

physically

suitable

terms

design,

location,

operating

characteristics,

shape,

size,

topography,

and

the

provision

public

and

emergency

vehicle

access,

and

public

services

and

utilities

and

served

highways

and

streets

adequate

width

and

improvement

carry

the

kind

and

quantity

traffic

the

proposed

use

would

likely

generate,

ensure

that

the

proposed

use(s)

and/or

development

will

not

endanger,

jeopardize,

otherwise

constitute

hazard

the

property

improvements

the

vicinity

which

the

property

located.

SECTION 5. The City Council determines that the proposed Teal Club Specific Plan is the best

use

for

the

subject

project

site.

SECTION 6. The City Council determines that the Teal Club Specific Plan is in the best interests

and

welfare

the

City

and

its

residents.

SECTION 7. The City Council finds and determines the project is in compliance with the California

Environmental

Quality

Act

because

EIR

(EIR

No.

2015-01)

was

considered

the

City

Council

the

public

hearing.

The

Final

EIR

was

prepared

pursuant

the

requirements

the

California

Environmental

Quality

Act

(CEQA,

Public

resources

Code

§§

21000,

seq.),

the

regulations

promulgated

thereunder

(14

California

Code

Regulations,

§15000,

seq.,

CEQA

Guidelines),

and

the

City’s

Environmental

Review

Guidelines.

The

City

Oxnard

the

Lead

Agency.

Based

upon

the

analysis

contained

the

FEIR,

the

Teal

Club

Specific

Plan

would

result

one

Class

potentially

significant

and

unavoidable

impacts

the

following

two

impact

sections:

(1)

Agricultural

Resources,

and

(2)

Air

Quality.

Pursuant

CEQA

Section

21081

and

the

State

CEQA

Guidelines,

the

City

Council

made

specific

findings

include

consideration

benefits

the

project

such

economic,

legal,

social,

technological

other

benefits

that

may

outweigh

the

potential

significant

effects

the

environment.

SECTION 8. The City Council Approve Planning and Zoning Permit No. 15-640-01 (Specific

Plan),

attached

hereto

Exhibit

and

incorporated

herein

reference

with

none

the

revisions

recommended

the

Planning

Commission.

SECTION 9. Except as expressly amended herein, the City’s Zoning Ordinance Map shall 1297
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 4 of 6 remain in full force and effect and shall apply to the property affected by this Ordinance.

SECTION 10. All aspects of this Project shall not become effective unless and until the City

Council

approves

the

Development

Agreement.

SECTION 11. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated

prepare,

and

the

City

Clerk

published,

summary

this

Ordinance,

and

certified

copy

the

Ordinance

was

posted

the

Office

the

City

Clerk

minimum

five

days

before

the

City

Council’s

adoption

the

Ordinance.

SECTION 12. The City Clerk shall certify as to the adoption of this ordinance and shall cause the

summary

thereof

published

within

fifteen

(15)

days

the

adoption

and

shall

post

certified

copy

this

ordinance,

including

the

vote

for

and

against

the

same,

the

office

the

City

Clerk,

accordance

with

Government

Code

Section

36933.

Ordinance

No.

_____

was

first

read

April

15,

2025,

and

finally

adopted

on________

become

effective

thirty

days

thereafter.

PASSED, APPROVED, AND ADOPTED this 15th day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED:

Luis A. McArthur, Mayor ATTEST: ____________________________ Luly Lopez, City Clerk 1298
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 5 of 6 APPROVED AS TO FORM: _____________________________ Stephen M. Fischer, City Attorney Exhibits: Exhibit A: Proposed Teal Club Specific Plan 1299
Ordinance No. _____ (PZ 15-640-01; Teal Club Specific Plan) City Council Hearing Date: April 15, 2025 Page 6 of 6 EXHIBIT A TEAL CLUB SPECIFIC PLAN (See Planning Commission Staff Report, Attachment B) 1300
Dobrowalski, Jay <[email protected]>
Air Quality Oxnard Airport Oxnard, CA
Lawrence Stein <[email protected]> Fri, Nov 22, 2024 at 8:12 AM To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, Larry Stein <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Aaron Starr <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Maria Navarro <[email protected]>, Arthur Valenzuela <[email protected]>, Brian McDonald <[email protected]>, Bert Perello <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Oscar Madrigal <[email protected]>, "[email protected]" <[email protected]>, Alexander Nguyen <[email protected]>, Stephen Fischer <[email protected]>, Jeff Pengilley <[email protected]>, Luly Lopez <[email protected]>, Michael Wolfe <[email protected]>, Ashley Golden <[email protected]>, Jay Dobrowalski <[email protected]>, Diana Velzy <[email protected]>, Wendy Carlton <[email protected]>, Javier Chagoyen-Lázaro <[email protected]>, "[email protected]" <[email protected]>
To Ms. Anissa, Ms Chriksta:

The Oxnard Planning Commission approved a Specific Plan that will build 1,000 residential units, 500+ feet North of Oxnard Airport last night 11/21/2024. In Oxnard, CA. The land is irreplaceable agricultural land. There has not been a commercial flight at Oxnard Airport for over 10 years. Generally, only planes using lead base fuels fly in and out of Oxnard Airport. The planes are used to teach pilots how to fly. How much lead is in the Air at Oxnard Airport? What the standard for lead in the air? How much lead is in the air where 1,000 residential units are going to be built? Could you office address my concerns prior to proposed dismantling of the EPA by the incoming president?
Oxnard Activist
1301
Dobrowalski, Jay <[email protected]>
Air Quality Oxnard Airport Oxnard, CA
Douglas Partello <[email protected]> Fri, Nov 22, 2024 at 10:27 AM To: Lawrence Stein <[email protected]>
Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, Larry Stein <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Aaron Starr <[email protected]>, Luciano Ortiz <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Maria Navarro <[email protected]>, Arthur Valenzuela <[email protected]>, Brian McDonald <[email protected]>, Bert Perello <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Oscar Madrigal <[email protected]>, "[email protected]" <[email protected]>, Alexander Nguyen <[email protected]>, Stephen Fischer <[email protected]>, Jeff Pengilley <[email protected]>, Luly Lopez <[email protected]>, Michael Wolfe <[email protected]>, Ashley Golden <[email protected]>, Jay Dobrowalski <[email protected]>, Diana Velzy <[email protected]>, Wendy Carlton <[email protected]>, Javier Chagoyen-Lázaro <[email protected]>, "[email protected]" <[email protected]>
Hello Larry, et al,
Here is a link to a synopsis of a report from Santa Clara County concerning lead poisoning of children near their airport:
https://news.santaclaracounty.gov/news-release/findings-county-commissioned-airborne-lead-study-published-online- proceedings-national
Here is just one paragraph that I hope has an impact on the decision makers considering the Teal Club Specific Plan Children who live within a half-mile of the airport had blood lead levels 20% higher than children living between half-mile to 1.5 miles from the airport. The study also correlated blood lead levels with the proximity of a child’s home and school to Reid- Hillview Airport. Children who commute toward Reid-Hillview to attend school present substantially higher blood lead levels than children who commute away from the airport.

There are many valid reasons why the TCSP should not move forward. But, the health and safety of children should be paramount for all of us. There are two new unleaded high octane fuels now available. But, there is no mandatory statute that restricts the use of leaded fuel currently. In time, I believe this will happen. But, the consequences of injury from lead poisoning is irreversible. We know that the noise levels above 65 decibels is injurious. Yet, the recommendations of the 1998 150 Noise Study for Oxnard Airport were ignored for buying out the homes on and near Little Farm Road.

We need more housing in California, and right here in Oxnard. But, we must balance that need with the long term effects of building in close proximity to an airport. It was previously deemed unsafe to build in this location. Now it is not, as the political winds have shifted. I hope and pray that the words of health, welfare, and safety are not just words, but are actual deeds that protect our children, and our community. We need a study of this before this project can move forward. We need in writing that the families living in closest proximity to the airport will be bought out, so they can move to a place that is safe, and habitable. We need to see in the proposed project language that the sewer collection pipes will be upgraded, that there will be adequate water for this development, and all of Oxnard. Mitigation of traffic, and parking, especially after AB-413 passage, will be thoughtfully considered, and mitigated. The loss of farmland of state importance is permanent.

There is no mitigation. The quality of life for those of us living near this area will be dramatically impacted. For the children, do the right thing.

Douglas Partello
Cabrillo neighborhood resident
Retired respiratory care practitioner
[Quoted text hidden]
1302
Dobrowalski, Jay <[email protected]>
Public Record Request W006033-112224 location of ASR Wells Lawrence Stein <[email protected]> Fri, Nov 22, 2024 at 3:19 PM To: Michael Wolfe <[email protected]>, Jeff Pengilley <[email protected]>, Arthur Valenzuela <[email protected]>, Brian McDonald <[email protected]>, Bert Perello <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Oscar Madrigal <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Oxnard City Clerk <[email protected]>, Wendy Carlton <[email protected]>, Alexander Nguyen <[email protected]>, Stephen Fischer <[email protected]>, Ashley Golden <[email protected]>, Jay Dobrowalski <[email protected]>, Maria Navarro <[email protected]>, Luly Lopez <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Aaron Starr <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Diana Velzy <[email protected]>, Javier Chagoyen-Lázaro <[email protected]> My public record request was submitted 11/22/2024 the day following the Planning Commission Meeting that consisted of the Public Hearing on the approval of the EIR for the Teal Club Specific Plan:

I believe that the city had no intention to build ASR the (Advance Storage and Recovery) Wells by the time the AWTF (Advance Water Treatment Facility) became operational in 2012.

Please provide the public documents indicating where the ASR wells were to be located by 2021.

There were to be sufficient ASR wells so 7,000 annual acre feet of recycled water could be blended into the city’s water system as part of the backbone of the city’s water system.

I believe that the city had no intention to build ASR the (Advance Storage and Recovery) Wells by the time the Urban Water Master Plan was adopted by Oxnard City Council in 2020.

Please provide the public documents indicating where the ASR wells were to be located by 2020.

The Urban Water Master Plan is to generate 14,000 annual acre feet of recycled water that could be blended into the city’s water system as part of the backbone of the city’s water system.

I believe that the city had no intention to build ASR the (Advance Storage and Recovery) Wells by the time the Urban Water Mater Plan was adopted by Oxnard Planning Commission as a mitigation for the source of water for the Teal Club Specific Plan on November 21, 2024. Please provide the public documents indicating where the ASR wells were to be located by November, 21, 2024. Staff alluded that the Urban Water Master Plan will produce 21,000 annual acre feet of recycled water that could be blended into the city’s water system as part of the backbone of the city’s water system.

Larry Stein
1303
Dobrowalski, Jay <[email protected]>
Concerns regarding Teal Club Specific Plan
Lawrence Stein <[email protected]> Fri, Dec 20, 2024 at 6:09 PM To: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>
Members of City Council, City of Oxnard Staff
I have several concerns regarding the Teal Club Specific Plan. Please address these concerns. 1) Staff has failed to determine if the air is safe at the Teal Club Specific Plan. The EIR for the specific plan refers to an air quality study conducted at the EPA substation near Mesa Rio High School over two miles away. Oxnard Airport which boarders the specific plan, hosts aircraft that use lead base fuels. Air that contains lead is not safe for women of child bearing years nor children under 10. Santa Paula airport has banned aircraft that use lead base fuels.

2) The Teal Club Specific Plan is bordered by 2nd Street to the North, Ventura Road to the East, Teal Club Road to the South, and Patterson Road to the West. That portion of 2nd street and Teal Club road within the specific plan will be widened by the developers to accommodate the traffic that will be generated by the residents of the 1,000 housing units within the plan. The developers will NOT be widening 2nd Steet and Teal Club Road west of Patterson Road to Victoria Avenue.

The road will remain to be the 2 lane roads with drainages ditches to the side, creating unsafe conditions caused by the increase in traffic from the new dousing units in the plan.

3) The Teal Club Specific Plan calls for taking prime agricultural land out of production to be replaced by “affordable” housing. The “affordable” housing should be for the residents of Oxnard, not for people from outside of the county. The typical price for a 3 to 4 bedroom home (2,500 square foot) in Oxnard is in the $700,000 range. A two-income household ($30.00 per hour each) could afford a $300,000 housing unit, but not $700.000. One step to bring a housing unit into a range that is affordable, is to lower the size of the housing is to reduce the size of the unit. While 1304
the city cannot set the price of a housing unit, it can set the size of a housing unit (800 to 1,000 square feet). The specific plan needs to set a limit of the size a housing unit can be in the specific plan so the units are economically affordable to residents of Oxnard and not just statutory affordable.

4) The developers are providing $2,200,000 in assistance to ‘low income’ applicants. The funding would pay for 5 housing units. 5% of 1,000 housing units would be 50 housing units. One would expect a minimum of $25,000,000 in assistance to ‘low income’ applicants. The source of funding for down payment assistance (grants) for only Oxnard residence needs to be provided. Section 8 assistance is only for rental assistance and the funding from HUD is declining.

5) The city is establishing the specific plan to be a CFD (Community Facility District) with the purpose of charging each owner of a housing unit a $300.00 monthly assessment fee. The $300.00 monthly assessment fee reduces the affordability of a housing unit. Part of the assessment fee is to pay for police officer position and a fire person position. As such, this appears to be a only a monetary transaction and not a permanent assignment of public safety personal.

The developers should pay for a 20-year annuity to cover the cost of the public safety officials that were to be covered by the CFD. A second 20-year annuity should be paid by the developers to cover the balance of the cost that were to be paid by the CFD Fees. In 20 years, the residents should be able to vote as to whether they wish to have a CFD.

6) The city has not completed the infrastructure needed for the projected population of the 2023 General Plan. The Teal Club Specific Plan should not be approved until the Oxnard City Council has approved the actual funding and source of funding of the infrastructure to complete ITS, the Urban Water Master Plan, the rebuilding of the pipe lines for water and waste water, and the rebuilding the Waste Water Facility at Perkin Road.

7) The city has not completed the infrastructure of other Specific Plans including Sports Park.

8) The Teal Club Road should be approved only after Sports Park, Campus Park and College Park have been finished. The completion of these parks have been languishing for over 20 years.

Larry Stein
1965 Falkner Place
Oxnard, CA

Oxnard [email protected]
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Dobrowalski, Jay <[email protected]>
Concerns regarding Teal Club Specific Plan
Lawrence Stein <[email protected]> Fri, Dec 20, 2024 at 8:18 PM To: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>
Please note corrected comments.
[Quoted text hidden]
2024 12 17 Teal Club Specific Plan Concerns.docx
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Dobrowalski, Jay <[email protected]>
Air Quality Teal Club Specific Plan
Lawrence Stein <[email protected]> Tue, Dec 24, 2024 at 10:37 PM To: "[email protected]" <[email protected]>, Jay Dobrowakski <[email protected]>, Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Stephen Fischer <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>
Is the air at the area specified at the Teal Club Specific Plan safe for women of child bearing age and children under 10? The air quality report in the EIR for the Teal Club Specific Plan addresses the air near Rio Mesa High School, over 3 away from the area within the Teal Club Specific Plan.

Larry Stein
1965 Falkner Place
Oxnard, CA
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Dobrowalski, Jay <[email protected]>
Air Quality Teal Club Specific Plan
Lawrence Stein <[email protected]> Thu, Dec 26, 2024 at 4:49 PM To: Stephen Fischer <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]> Staff has not answered the question as to whether the air is safe in the area encompassed by the Teal Club Specific Plan. Staff refers to a report on air quality at a location that is several miles away for the development site.
----- Forwarded Message -----
From: Lawrence Stein <[email protected]>
To: Bert Perello <[email protected]>; Aaron Starr <[email protected]>; Gabriela Rodriguez <[email protected]>; Michaela Perez <[email protected]>; [email protected] <[email protected]>; Luis McArthur <[email protected]>; [email protected] <[email protected]>; Larry Stein <[email protected]>; Jim Lavery <[email protected]>; [email protected] <[email protected]>; Daniela Aguirre <[email protected]>; Dennis Ralph <[email protected]>; Barbara and Don Pineado <[email protected]>; [email protected] <[email protected]>; Ray Blattel <[email protected]>; Steve Nash <[email protected]>; Angela Whitecomb <[email protected]>; Deterie Frank <[email protected]>; Manuel Munoz <[email protected]>; Joseph O Neil <[email protected]>; Thresa Clemen <[email protected]>; William Terry <[email protected]>; Citizen Journal <[email protected]>; Denis O'Leary <[email protected]>; Abel Magana <[email protected]>; Vince Behrens <[email protected]>; Luciano Ortiz <[email protected]>; [email protected] <[email protected]>; Saviers Road Design Team <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Kristin Gullatt <[email protected]>; Lakin Matt (he/him/his) <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Michelle Angelich <[email protected]>
Sent: Thursday, December 26, 2024 at 02:33:18 PM PST
Subject: Fw: Air Quality Teal Club Specific Plan
Good Afternoon:

Since staff has refused to state whether the air at the Teal Club Specific Plan is safe, one can draw the conclusion that the air at Teal Club Road is not safe. If one were to live in a housing unit after City Council approved housing in a area where the air is toxic, one would expect the city to be involved in litigation should an occupant suffer health issues after occupying one of the new housing units.

The city has been warned that there is a possibility the the air may be toxic to women of child bearing age and children under 10. The city has refused to test the air at the Teal Club site, but is relying on a air quality report that was taken over 2 miles away. [Quoted text hidden]
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Dobrowalski, Jay <[email protected]>
Action Plan Housing
Lawrence Stein <[email protected]> Sun, Jan 12, 2025 at 4:06 PM To: "[email protected]" <[email protected]>, Oxnard City Clerk <[email protected]> Cc: Stephen Fischer <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Maria Navarro <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, Larry Stein <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>
2023-2024 Annual Action Plan
I have several concerns:
01) Based upon the announcements from the newly elected President, he seems intent to shut down the Department of Housing in efforts to reduce the federal budget. What are the city plans (Housing Department) to replace the current funds the city obtains from the federal government thru HUD including, but not limited to Section 8 funding if HUD Funding is significantly reduced? 02) While the action plans refer to providing safe housing for residents that are using Section 8 vouchers including the usage of lead paint, there are no reference in the housing plans that may offer unsafe conditions such as lead in pipes, lead in the water and lead in the air. Regarding lead in the air, Oxnard Airport’s air traffic includes aircraft using lead-based fuel. Aircraft using lead- based fuel, fly over housing units that are likely inhabited by residents that use Section 8 vouchers.

What steps has the Housing Department taken to ensure that residents using section 8 vouchers live in housing units that is not exposed to lead in the air? 03) It is my opinion that the city does not extract sufficient funding from housing developers for ultra-low income and low-income residents of Oxnard for housing. Single family housing proposed by developers do not include the maximum size for single family housing. The cost of a 2,500 square foot single family house in Oxnard is over $700,000. Many Mansions builds housing that are affordable to ultra-low and low-income residents by building smaller housing units (studio and 1-bedroom). The developers within the Teal Club Specific Plan (TCSP) intend to build less that 1,000 housing units, some of which are intending to be apartments and condos. Instead of setting aside 5% of the housing units for ultra-low and low income, they are contributing less than $2,500,000. If 800 2,500 square foot homes are built, and sell for $700,000 each and 5% was to go towards ultra-low and low-income housing, the product would be $28,000,000, over 10 times more than what is being contributed. I do not know actual projected size of the average, single- family 1309
housing unit, nor the number of the single-family housing units being planned, but I project the developers of the housing units for TCSP are not contributing to the fair share cost by a considerable portion. I suspect that the Housing Department and the Development Service Department work in conjunction so that developers of large housing projects do not pay 5% in lieu fees but might contribute 5% of the housing units to conform with requirements, those 5% contributed units tend to have less features that the other housing units being built. 04) There are no restrictions as to the size of housing units. Housing units ranging in size from 600 to 1,000 square feet would be more affordable than a 2,500 square housing unit. Instead of building 1,000 housing units, the developers of TCSP could build 2,500 housing units on smaller lots. More truly affordable housing units could be built without impacting the developer’s fair profit. 05) What deed restrictions are tied to the 5% contributed housing stock to prevent flipping? How are the deed restriction, if any, are being monitored?
Larry Stein
1965 Falkner Place
Oxnard, CA 93033
[email protected]
2025 01 10 2023 - 2024 Action Plan Housing.docx
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Dobrowalski, Jay <[email protected]>
Re: 01 21 2025 City Council Agenda I1 Written Public Comments Lawrence Stein <[email protected]> Fri, Jan 24, 2025 at 2:05 PM To: "Lopez, Brenda" <[email protected]>
Cc: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>
Please address my concerns as you addressed the 1st concern at the City Council Meeting 01 21 2025.
01) Based upon the announcements from the newly elected President, he seems intent to shut down the Department of Housing in efforts to reduce the federal budget. What are the city plans (Housing Department) to replace the current funds the city obtains from the federal government thru HUD including, but not limited to Section 8 funding if HUD Funding is significantly reduced? 02) While the action plans refer to providing safe housing for residents that are using Section 8 vouchers including the usage of lead paint, there are no reference in the housing plans that may offer unsafe conditions such as lead in pipes, lead in the water and lead in the air. Regarding lead in the air, Oxnard Airport’s air traffic includes aircraft using lead-based fuel. Aircraft using lead- based fuel, fly over housing units that are likely inhabited by residents that use Section 8 vouchers.

Greengs Mr. Stein,
As indicated on January 16, 2025, your comments were forwarded to the Housing Department’s Oﬃce and will be ﬁled with the 2023-2024 Annual Acon Plan. The updated Annual Acon Plan will be available for your review on our website: https://www.oxnard.gov/housing/grants-management under the Annual Program Acviessecon, no later than February 7, 2025.

Thank you
Brenda Lopez
Oxnard Housing Authority
435 South D Street
Oxnard, CA 93030
(805)385-8092
This communication may contain confidential information. If you are not the intended recipient of this communication, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

Begin forwarded message:

From: Lawrence Stein <[email protected]>
Date: January 23, 2025 at 6:03:53 AM PST
To: Oxnard City Clerk <[email protected]>, Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, [email protected], Luis McArthur <[email protected]>, [email protected], Larry Stein <[email protected]> Cc: Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, [email protected], Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>
Subject: 01 21 2025 City Council Agenda I1 Written Public Comments not Acknowledged Dear City Clerk:

I submitted a public comment on Item I1 - ... Amendment to the 2023-2024 Annual Action Plan. The City Clerk did not acknowledge that a written comment was submitted. he City Mayr read the 1st issue at the public hearing, but did not read the subsequent issues and concern that I had. The Interim Housing Director addressed the issue.
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The Interim Housing Director received my concerns within the time frame specified time period for public comment on the issue. I request that both my concerns and the answers to my concerns get publicly addressed at the next City Council Meeting as well as being published in the report that will be sent to HUD. I am keen on receiving the answers to my concerns regarding lead in the air and the impact of lead in the air on those who reside in housing that is not lead free of air for Section 8 recipients. I am also concern on how the Housing Department recoups the cost of subsidized housing, when the recipients of the housing later sale the housing units at fair market price (flipping).

Larry Stein
Reply Forward
City of Oxnard Mail - Action Plan Housing.pdf
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Dobrowalski, Jay <[email protected]>
Re: [Records Center] CITY RECORDS REQUEST :: O006276-012725 Lawrence Stein <[email protected]> Mon, Jan 27, 2025 at 8:11 PM To: City of Oxnard <[email protected]>
Cc: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Maria Navarro <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> The city refers to the air quality reports in its EIRs. Please reopen the public request or have the Teal Club Specific Plan EIR thrown out as it refers to air quality reports. Does the know of or ignore toxic air in the city?
On Monday, January 27, 2025 at 02:58:14 PM PST, City of Oxnard <[email protected]> wrote:
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST Reference # O006276-012725.

Dear Lawrence Stein,
The City of Oxnard has reviewed its files and has determined that there are no responsive documents to your request and the request has been closed.
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I was informed by Community Development that this should be requested from the Ventura County Air Pollution Control District. We do not maintain those records.

To access your request please log into the Public Records Center.

Sincerely,
Wendy Carlton
Public Records Advocate
City of Oxnard
300 West Third Street
Oxnard, CA 93030

To monitor the progress or update this request please log into the Public Records Center 1315
Dobrowalski, Jay <[email protected]>
Re: [Records Center] CITY RECORDS REQUEST :: O006276-012725 Lawrence Stein <[email protected]> Tue, Jan 28, 2025 at 9:10 PM To: City of Oxnard <[email protected]>, Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Maria Navarro <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Peter Tellez <[email protected]> There is lead in the air located at Teal Club Specific Plan site. Federal and State standards are such that any lead in the air is hazardous for women of children bearing years and children under

10. Currently the land is used for growing crops. VCAPCD has not tested the air. Planes use lead base fuel at Oxnard Airport, the Teal Club Specific is next to the airport. The, city, being the lead agency has not stated that the air is lead free, nor had the air tested in the 15 years the Teal Club Specific has been under review. Will the City Attorney and the City manager attest that the air is lead free at the Teal Club Specific Site? I am of the opinion that if the City Attorney and the City Manager cannot attest that the air is safe for residential housing at the Teal Club Specific Plan site, it is not safe for residential housing to be constructed. If the city attested that the air is safe and it is not, what are the chances that the city, the developers and real estate agents will be sued by homeowners?
I spoke to officials at VCAPCD this last summer prior to contacting the EPA. I spent several months speaking to staff at the EPA. I concluded my conversations with the EPA last week after speaking the Dr. Peter Tellez, the EPA liaison for the EPA 9th district of which California is within its jurisdiction. According to Dr. Tellez, the EPA will provide funding if funding is available, if a government entity applies for funding to have its air tested. Apparently, the governing bodies have not requested funding in 15 years to have the air tested.

I am of the opinion that the city cares more the developers of housing units, than the residents who will occupy the housing units. I have cited several Specific Plans where the infrastructure has not been completed in over 10 years after the housing units have been built and the developers left the area.

This is from the City that Care Less.

Larry Stein
On Tuesday, January 28, 2025 at 09:22:41 AM PST, City of Oxnard <[email protected]> wrote:
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Attachments:

Air_Quality_Teal_Club.pdf
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST Reference # O006276-012725.

Good morning, Mr. Stein,
Thank you for your message.

I have added to the portal and am attaching to this email, pages 114-130 of the Final Environmental Impact Report (also located on the City's website). As you mentioned, the EIR includes information regarding the criteria pollutants as described in the VCAPCD Air Quality Assessment Guidelines.

Regulatory jurisdiction regarding air quality is outlined in 4.3.1 Section B in the EIR:

b. Regulatory Jurisdiction. The federal and state governments have been empowered by the federal and state Clean Air Acts to regulate the emission of airborne pollutants and have established ambient air quality standards for the protection of public health. The United States Environmental Protection Agency (USEPA) is the federal agency designated to administer air quality regulations, while the Air Resources Board (ARB) in the California Environmental Protection Agency is the state agency that administers air quality regulations. Local control in air quality management is provided by the ARB through county-level Air Pollution Control Districts (APCDs) and multi-county Air Quality Management Districts (AQMDs). The ARB has established state air quality standards and is responsible for control of mobile emission sources, while the local APCDs and AQMDs are responsible for enforcing standards and regulating stationary sources. The ARB has established 14 air basins statewide. The project site is located in the South Central Coast Air Basin and is in the jurisdiction of the Ventura County Air Pollution Control Districts (VCAPCD).

Please contact the Ventura County Air Pollution Control District for more information. Your request is now closed.

Sincerely,
Wendy Carlton
Public Records Advocate
City of Oxnard
300 West Third Street
Oxnard, CA 93030
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To monitor the progress or update this request please log into the Public Records Center.

To monitor the progress or update this request please log into the Public Records Center 1318
Dobrowalski, Jay <[email protected]>
Lead Free air? Teal Club Specific Plan Site PRC O006299-012925 Lawrence Stein <[email protected]> Wed, Jan 29, 2025 at 5:40 PM To: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, "[email protected]" <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>, Jim Lavery <[email protected]>, "[email protected]" <[email protected]>, Daniela Aguirre <[email protected]>, Dennis Ralph <[email protected]>, Maria Navarro <[email protected]>, Barbara and Don Pineado <[email protected]>, "[email protected]" <[email protected]>, Ray Blattel <[email protected]>, Steve Nash <[email protected]>, Angela Whitecomb <[email protected]>, Deterie Frank <[email protected]>, Manuel Munoz <[email protected]>, Joseph O Neil <[email protected]>, Thresa Clemen <[email protected]>, William Terry <[email protected]>, Citizen Journal <[email protected]>, Denis O'Leary <[email protected]>, Abel Magana <[email protected]>, Vince Behrens <[email protected]>, Luciano Ortiz <[email protected]>, "[email protected]" <[email protected]>, Saviers Road Design Team <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Peter Tellez <[email protected]> Please note my most recent public record request:

O006299-012925
I wish to inspect the public record that the city attests that the air over the Teal Club Specific Plan site is lead free. If the city cannot provide the record, please provide the legal reason why one cannot infer the air over the Teal Club Specific Plan site is not lead free.

The Teal Club Specific Plan site is less than 1,000 feet from the source that generates lead in the air.

Several people including 3 neighborhood council presidents have expressed concerns about the lead in the air at the Teal Club Specific Plan site. Both the EPA and the state indicate that any lead in the air is hazardous to women of child bearing age and children under the age of 10. The city Planning Commission has approved the Teal Club Specific Plan despite the Planning and Development Service Department not having received an air quality report for the site. The actual construction will not affect the air quality,
I am concerned about preexisting conditions that have not been tested. Future residents should not be subject to pre existing hazardous conditions, that would not exist if they were not residence of the specific plan site. Lead in the pipes, water and paint create similar hazardous conditions as lead in the air. Lead in the body is not reversable. The Oxnard City Council can deny the 15+ year specific plan.

Larry Stein An Oxnard Activist 01 29 2025
1319
Dobrowalski, Jay <[email protected]>
Re: Lead in the air
Lawrence Stein <[email protected]> Tue, Feb 11, 2025 at 6:55 PM To: Karin Grennan <[email protected]>
Thank for your response.

Some of my concerns were not answered.
a)
Where does your agency test for Lead in the air? Answered - Your entity does not test for lead nor is testing for lead required.
b)
Is Lead in the air toxic, if so, what demographics are face the most damage to lead in the air? Not answered
If your agency does not test for lead in the air, why? Has your agency contacted the EPA for funding to test for lead in the air? If not, why? Not answered.

Oxnard airport has planes that use lead in their fuel. There are at least two separate plans to build homes near the air port. If you do not test for lead near airports that are the source of lead in the air, how do you know what the concentrations of lead in the air are? Larry Stein

Is Lead in the air toxic, if so, what demographics are face the most damage to lead in the air? If your agency does not test for lead in the air, why? Has your agency contacted the EPA for funding to test for lead in the air? If not, why?

On Tuesday, February 11, 2025 at 04:48:52 PM PST, Karin Grennan <[email protected]> wrote:

Mr. Stein,

Ventura County doesn’t fall under the EPA monitoring requirements for lead (Pb). Source-oriented lead monitoring is required for industrial facilities that emit 0.5 tons per year (tpy) or airports that emit 1.0 tpy. Lead monitoring is also required in large urban areas (core-based statistical areas or CSBAs with a population of 500,000 or more) at multi- pollutant ambient monitoring (or NCore) sites. There are no industrial facilities or airports that are above this threshold, and there are no NCore sites in the Ventura County CBSA.

There is lead monitoring done every 12 days at the air monitoring station located on the campus of Simi Valley High School at 5400 Cochran St. as part of a statewide network of air toxic monitoring sites. Data from this monitoring effort can be accessed at https://www.arb.ca.gov/adam/toxics/sitepages/pbsimi.html.

You may find additional information of interest on the EPA’s Lead Air Pollution page. 1320

Respectfully,
Karin Grennan

KARIN GRENNAN
Public Information Officer
Office: 805-303-4002
Cell: 805-844-5797
[email protected]
Pronouns: she/her
VCAPCD.org
Please note that I work Monday through Thursday from 7:30 a.m. to 6 p.m.

From: Bautista, Ashley <[email protected]>
Sent: Friday, February 7, 2025 5:58 PM
To: [email protected]
Cc: Karin Grennan <[email protected]>
Subject: Re: Lead in the air

Mr. Stein, The best point of contact for air quality questions is the Air Pollution Control District. More information can be found at http://www.vcapcd.org/. Karin their Public Information Officer is cc’d for further info. Thanks, Ashley

Chief of Staff
District 2

Sent from my iPhone
On Feb 7, 2025, at 3:13 PM, Supervisor Gorell <[email protected]> wrote:

Good Afternoon:

Where does your agency test for Lead in the air? Is Lead in the air toxic, if so, what demographics are face the most damage to lead in the air? If your agency does not test for lead in the air, why? Has your agency contacted the EPA for funding to test for lead in the air? If not, why?

Larry Stein
1965n Falkner Place,
Oxnard, CA 805 486-6799
1322
Town Hall Meeting - Teal Club Webinar Questions
Questions and Comments provided During the Meeting
# Question Asker Name Asker Email Answer Question Time
1 lost the slide show! Mark Capehart - 03/27/2025 17:49:04 2 How long is this project will take to build? mark - 03/27/2025 17:50:13 3 Did you do the study on the traffic congestion? mark - 03/27/2025 17:52:08 4 Do you anticipate overflowing of parking congestion to the other neighborhood?mark - 03/27/2025 17:54:01 5 990 units...That is over 1800 cars minimum. mark - 03/27/2025 18:01:37 6 Is there a way to honor the Chumash (the original caretakers of this land) by either naming the park Chumash park or naming one of the streets, Chumash rd/st? Manuel Herrera - 03/27/2025 18:05:54
7 Air quality monitoring is 7 miles from TCSP proposed land. No testing for lead, or air quality has been done at the TCSP landmass, and within 1 mile of the proposed project area. Given the close proximity of the airport, and over 90% of the flights are small, lead gasoline fueled planes at OXR since 2010. Why has not lead testing been done, as the risk of lead poisoning, similar to Santa Clara Airport in size and use, been found higher lead levels than the children tested at Flint, MI? Douglas Partello - 03/27/2025 18:08:51
8 How many units of 990 are slotted for low-income housing? mark - 03/27/2025 18:09:21 9 Where can the public see the proposed Mello-Roos origination document? What would be included in the Mello-Roos for those new homeowners to face that tax burden? What would be the max cap? And the inflator?Douglas Partello - 03/27/2025 18:13:19 10Why is not adding a lane on Doris Ave. included in the plan? Douglas Partello - 03/27/2025 18:15:24 11How many parking spaces is allowed in the plan, per unit? Douglas Partello - 03/27/2025 18:16:00 12 Doris Ave is and will be a drag strip. City, please consider implementing traffic circles at intersections with the Cabrillo neighborhood. Miguel F. - 03/27/2025 18:16:27 13Will there be parking on Doris Ave. from Ventura Rd. to Patterson Rd.?Douglas Partello - 03/27/2025 18:16:33 14 Is it true that Trader Joe’s is considerring placing a store in the commercial space? Anonymous Attendee 03/27/2025 18:17:12
15 Also, please reduce the lawn area in the street-adjacent green buffers and plant substantial areas of drought tolerant or even California native landscaping. Miguel F. - 03/27/2025 18:18:17
16 The EIR only address air quality for the construction, not for the airport, or at the project area after construction is completed. Douglas Partello - 03/27/2025 18:18:19 17 Can you summarize the defined improvement plans for Doris Avenue between Patterson and Victoria? Nard1 - 03/27/2025 18:19:43
18 Table 4.3-3 of the EIR shows two Class I Air Quality negative impacts that are significant and unavoidable. What specifically are those Class I impacts?Douglas Partello - 03/27/2025 18:20:00 19 How many spaces for the multi-family units, per unit? Jay said 2 garage spaces for the single family homes only in his comment at this meeting.Douglas Partello - 03/27/2025 18:21:01 20 I think the lead concern stems from the leaded fuel used by piston airplanes doing touch and goes at Oxnard airport. A study in Northern California showed children attending a school in close proximity to an airport heavily used by small piston airplanes suffered from lead poisoning. What steps are being taken to insure children in this development Aren’t exposed to lead toxins from the piston airplanes using Oxnard airport and flying over this development?Anonymous Attendee 03/27/2025 18:21:41 21 Jay's comment was unresponsive to my question about the Mello-Roos document. Douglas Partello - 03/27/2025 18:21:56
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22 Question 1: I heard something about parks and stages. Campus Park is being built nearby and proposed a stage there that the Airport Commission shot down because it’s in the Outer Safety Zone for the Airport. Part of Teal Club falls into this same zone and the other part is the traffic pattern zone. According to the Adopted Land Use Compatibility Standardss in Safety Zones for Civilian Airports, Outdoor Amphitheaters aren’t allowed in either Teal Club Airport zone, and parks are conditional . Have you gone over this with the airport commission and if so, are they allowing the stages? Are you taking into consideration the number or airplane crashes we’ve had in the area and considering how close these homes are being built to an airport?? Question 2: I live just up from here in the historic district. We already have too much traffic traveling from Oxnard Blvd down SEcond street to Ventura Rd.

The speeders are crazy coming through here and more housing at Teal Club is only going to add more speeders & traffic Eric Andrist - 03/27/2025 18:21:56 23 2 garage spaces for the 220 single family homes. But, how many spaces per unit for the 770 multi-family units, per unit? Douglas Partello - 03/27/2025 18:23:33 24 Most people used garage for storage....the cars end up on the road causing congestion. Would there be HOA and bi-law to enforce parking in the development? mark - 03/27/2025 18:25:53
25 2016 Callegas Engineering made a report on collection sewer pipes, showing significant "surcharge" including along Ventura Rd. and 2nd Street needing upgrade of the pipe size from 10" to 16". Has that been done? And does the TCSP provide for this improvement? Douglas Partello - 03/27/2025 18:26:57 26 Are the homes on Little Farm Rd. for which there is no mitigation for airport noise going to be purchased? And those families not be at further risk of noise health impacts. Douglas Partello - 03/27/2025 18:29:02
27 WIthout widening Doris Ave. from Ventura Rd. to Victoria Ave. and the proposed K-8 school at Doris and Patterson, along with the 990 residential units, businesses, and light industrial, traffic will be A NIGHTMARE!!!! We are already jammed up at Patterson Rd. and Gonzales Rd. due to the H.S. and Thurgood Marshall school. Douglas Partello - 03/27/2025 18:31:41 28 Those that will live in the multi-family units, they will not have adequate parking.

Maybe this is why the moderator is reluctant to give that figure to us now. They WILL be coming into Cabrillo neighborhood to park. This will be a parking nighmare for those of us living in Cabrillo neighborhood, close to Doris Ave.Douglas Partello - 03/27/2025 18:33:33 29 I have done a two day walk-about, with a letter of protest to this project. I received 125 signatures. NO ONE wants this project in the Cabrillo neighborhood. Our property values will go down, with our quality of life; parking, traffic, noise, air quality, crime, trash, increased safety and ambulance traffic.Douglas Partello - 03/27/2025 18:35:28 30 We will see folks crossing Doris Ave. after then park inside the Cabrillo neighborhood, much like we see at the condos on Victoria, near Gonzales Rd.

Cars go up to 70 mph along Doris. Someone will be killed. Douglas Partello - 03/27/2025 18:38:03 31Will these questions and comments be part of the public record?Douglas Partello - 03/27/2025 18:38:54 32P.S. you said we could use the chat box but it says it’s disabled.Eric Andrist - 03/27/2025 18:38:56 33What is the apartment parking standard? Douglas Partello - 03/27/2025 18:41:40 34 Will Dennis Hardrave answer to all the aircraft noise complents from the residents? [email protected] - 03/27/2025 18:42:43 35 With the passage of AB-413, has the plan accounted for the loss of parking space on the public street, in the plan? Douglas Partello - 03/27/2025 18:44:03 36Unresponsive to question on air quality, for lead testing. Douglas Partello - 03/27/2025 18:44:43 37 It sounds like you already decided to build. So, what is the point of City Council voting? mark - 03/27/2025 18:46:22
38Trader Joe’s in Oxnard… dream on. They hate Oxnard’s people.Miguel F. - 03/27/2025 18:48:58 1324
39 You said my parking question was in the EIR and I’ve searchd and Second street isn’t even mentioned. Eric Andrist - 03/27/2025 18:52:54 40Why is the chat disabled? Douglas Partello - 03/27/2025 18:53:40 41 Why would fire be included in the Mello-Roos, when that is generally a General Fund funded service? Douglas Partello - 03/27/2025 19:00:36 42Fire was removed from CFD #5. Douglas Partello - 03/27/2025 19:00:58 43 Police service is also a General Fund service, that all residents of Oxnard should have access to safety service. Is the police service in the Mello-Roos "enhanced" service, or basic police service? RiverPark pays in their Mello-Roos for "enhanced" police service. Douglas Partello - 03/27/2025 19:02:21 44 RiverPark CFD #5 also pays for the basic level of police service, and the enhanced portion of cost. They are being "double dipped". for this service then.Douglas Partello - 03/27/2025 19:03:19 45 I do not have a microphone on my computer, so am unable to speak on this Zoom meeting. The chat is disabled, so not able to give comments or questions there either. Douglas Partello - 03/27/2025 19:04:27
46 Will the Patterson- Doris intersection be backed up at times until Doris is improved between Patterson and Victoria? Nard1 - 03/27/2025 19:06:25 47I'm wondering if people do not know how to unmute. I don't see whereDiana - 03/27/2025 19:10:18 48there is no mic icon l1so9msd - 03/27/2025 19:10:59
49 I'm trying to help those who are unable to get through after raising there hand.

I don't see where the unmute is unless it pops up when you raise your hand.

My system is not showing the microphone. Diana - 03/27/2025 19:12:31 50On the road widen of Doris at Patterson will be bottleneck l1so9msd - 03/27/2025 19:15:34 Questions Submitted Before the Meeting
1 Since the development will be in such close proximity to the airport, why was testing for lead not included in the EIR? Douglas Partello 3/24/2025 9:11:00 2 How many parking spaces are given for each of the 990 residential units? How many for the 220 single family dwellings? How many for the 770 other condominium or apartment units? Douglas Partello 3/24/2025 9:11:00 3 Where can we obtain the proposed Mello-Roos origination document? Can you share the details of the proposed Mello-Roos assessment? Douglas Partello 3/24/2025 9:11:00 4 1) What documentation can be provided that the air at the Real Club Specific Plan site is lead free? Neither the EPA nor the Ventura Air Pollution Control Authority have tested the air for lead despite that aircraft using lead in their fuel land and takeoff at the Oxnard Airport less than 1,000 from the airport? Larry Stein 3/25/2025 5:28:46
5 2) The developers of the Specific Plan will improve 2nd Street and Teal Club Roal Eastward from Patterson to Ventura Road. With housing units being planned, how will the traffic be mitigated Westward from Patterson the Victoria without improvements to 2nd Street and Teal Club Road Westward from Patterson? Larry Stein 3/25/2025 5:28:46
6 3) Oxnard City Council has not approved funding to complete the Urban Water Master Plan that is to generate annually 14,000 acre feet of recycled water to be blended into the city’s water system. The wells to store the recycled water have not been built after 10+ years. The test well 500 feet East of the Specific Plan has not been finished after 5 years of construction. After 10+ years after the adoption of the recycled water [program, not a single drop of recycled water has been blended despite the ratepayers of potable water have been paying into the program since 2012. With the water neutrality policy and the impression that I am getting that the city does not plan to complete the Urban Water Master Plan (or the Urban Water Master Plan to be functional), where will the water come from for the housing units in the Specific Plan?Lawrence P Stein 3/25/2025 5:25:12 1325
7 4) 5% of the housing units are to be set aside from low and extremely low- income residents. With the typical new housing unit in Oxnard costing over $600,000 each, and the number of housing units being palled, only $2,500,000 is being set aside for low and extremely income households instead of $60,000,000+. The demographics of affordability and the demographic of affordability for Oxnard Residents have changed since the Teal Club Specific Plan was first envisioned. Instead of building 1,000 2,500 square foot housing costing upwards of $700,000 thar are unaffordable to Oxnard Residents, why can’t 2,000 housing units ranging in size from 400 square foot units (studios) to 1,000 square foot units (3 bedroom units) with parking structures underneath each unit, be built? Lawrence P Stein 3/25/2025 5:25:12 8 5) Previous Specific Plans included infrastructure and private projects that will be built once the Specific Plan is approved. After housings units were built, the Specific Plans are often modified to exclude the infrastructure that was promised. In other cases, promised improvements such as schools, parks, and private investments never constructed after 15 years. What financial securities are being offered to assure the promised improvements and projects will be built after the housing units are occupied? Lawrence P Stein 3/25/2025 5:25:12 9 6) LMDs (Landscape Maintenance Districts) have been the source of abuse by the City of Oxnard. He city wants to setup an LMD for the Teal Club Specific Plan The city wants to use a portion of the revenue for the cost of ½ of an uniformed police officer and ½ of an uniformed firefight. Funds derived from an LMD is to be exclusively for the LMD. The amount of the assessment per housing unit for housing units within the Teal Club Specific seems to be changing. What internal controls are in place that ensure that a specific uniformed police officer and firefighter will be compensated those with those funds and it is not just a budget manipulation? What will the LMD fee be for each housing unit? Larry Stein 3/25/2025 5:28:46
10 How is developing High Density housing project, K-8 School and business to this area an improvement to Oxnard????
I want no development. I have lived in Oxnard for 65 years. The city has too many vehicles on Ventura and Victoria road now. Another high-density project will cause more congestion, parking issues, crime, noise, trash and pollution.

We don't need another K-8 school. At the last Oxnard School District Meeting three men presented the decline of students now and in the future by 25%. In other areas schools are closing. Now future layoffs for school staff and teachers. The school district constantly has bonds added to our property tax caused they need help. Why add another school to burden the taxpayers. Plus, the traffic of parents dropping off children causing another traffic nightmare.

Having a school and housing next to the airport is an accident waiting to happen. I remember several planes crashes in that area. One reason the Teal Club property owners haven't been given permission to expand due to possible plane accidents.

Vickie Bowker 3/26/2025 12:31:54
11 How will this affect the sewage and water supply in a drought ridden city??? Adding to the old sewage and water system will only cause more problems and add cost for the city. With climate change having more fields turned into concrete to cause flooding due to the drainage system of Oxnard not removing rainwater fast enough. Which was already experienced last year along Ventura Rd drainage system. Plus, to many homes in Oxnard are adding ADU in the rear yard. Which adds more street parking and street parking becomes parking lots. Vickie Bowker 3/26/2025 12:31:54
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12 Isn't a Low density housing the best for everyone??? Everyone I know is against the Teal Rd project. Oxnard needs low density housing with a front and rear yard. Not built on top of each other. But that's not the area to do it. Ventura Rd will turn into a freeway. Already it's hard to leave the city in the morning along every major route. Adding another 10K to 20K vehicles will only make the problem worst for all of us. Perfect example is the Collection. The whole area is congested all day. Now with the High-Density area of the hotels, Panda Express, gas station, Chick fillet, Starbucks, Ice cream parlor and Shake Shack. Last week the line into Shake Shack was to Chick Fillet blocking entrance into Panda Express. Had to exit by Starbucks.

Thank You for reading my objections.

Vickie Bowker
Vickie Bowker 3/26/2025 12:31:54
13 With increase new homes. What kind of traffic patterns and control in the surrounding neighborhoods? Daniels 3/27/2025 16:52:23
14Noise control? What effort does the city have? Daniels 3/27/2025 16:52:23 1327
---------- Forwarded message ---------
From: Lawrence Stein <[email protected]>
Date: Thu, Mar 27, 2025 at 7:01 PM
Subject: Town Hall meeting 03 27 2025
To: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez
<[email protected]>, [email protected] <[email protected]>, Luis McArthur <[email protected]>, [email protected] <[email protected]>, Larry Stein <[email protected]>, Stephen Fischer <[email protected]>, Martha Guillen <[email protected]>, Jay Dobrowakski <[email protected]>, Alexander Nguyen <[email protected]>, Wendy Carlton <[email protected]>, Jeff Pengilley <[email protected]>, Terrel Harrison <[email protected]>, Javier Chagoyenlazaro <[email protected]>, Luly Lopez <[email protected]>, [email protected] <[email protected]>, Steve Naveau <[email protected]>, Ashley Golden <[email protected]>, Oxnard City Clerk <[email protected]>, Michael Wolfe <[email protected]>
I submitted my question in advance and they were not asked. Staff did not answer my question Please have staff answer my questions
03 24 2025 Teal Club Specific Plan Questions
1) What documentation can be provided that the air at the Real Club Specific Plan site is lead free? Neither the EPA nor the Ventura Air Pollution Control Authority have tested the air for lead despite that aircraft using lead in their fuel land and takeoff at the Oxnard Airport less than 1,000 from the airport? 2) The developers of the Specific Plan will improve 2nd Street and Teal Club Road Eastward from Patterson to Ventura Road. With housing units being planned, how will the traffic be mitigated Westward from Patterson the Victoria without improvements to 2nd Street and Teal Club Road Westward from Patterson?
3) Oxnard City Council has not approved funding to complete the Urban Water Master Plan that is to generate annually 14,000 acre feet of recycled water to be blended into the city’s water system. The wells to store the recycled water have not been built after 10+ years. The test well 500 feet East of the Specific Plan has not been finished after 5 years of construction. After 10+ years after the adoption of the recycled water [program, not a single drop of recycled water has been blended despite the ratepayers of potable water have been paying into the program since 2012. With the water neutrality policy and the impression that I am getting that the city does not plan to complete the Urban Water Master Plan (or the Urban Water Master Plan to be functional), where will the water come from for the housing units in the Specific Plan? 4) 5% of the housing units are to be set aside from low and extremely low-income residents. With the typical new housing unit in Oxnard costing over $600,000 each, and the number of housing units being palled, only $2,500,000 is being set aside for low and extremely income households instead of $60,000,000+. The demographics of affordability and the demographic of affordability for Oxnard Residents have changed since the Teal Club Specific Plan was first envisioned. Instead of building 1,000 2,500 square foot housing costing upwards of $700,000 thar are unaffordable to Oxnard Residents, why can’t 2,000 housing units ranging in size from 400 square foot units (studios) to 1,000 square foot units (3 bedroom units) with parking structures underneath each unit, be built? 5) Previous Specific Plans included infrastructure and private projects that will be built once the Specific Plan is approved. After housings units were built, the Specific Plans are often modified to exclude the infrastructure that was promised. In other cases, promised improvements such as schools, parks, and private investments never constructed after 15 years. What financial securities are being offered to assure the promised improvements and projects will be built after the housing units are occupied? 4/1/25, 1:14 PM City of Oxnard Mail - Fwd: Town Hall meeting 03 27 2025 https://mail.google.com/mail/u/0/?ik=8839c2507f&view=pt&search=all&permthid=thread-f:1828226867128184501%7Cmsg-f:1828226867128184501&… 1/2 1328
6) LMDs (Landscape Maintenance Districts) have been the source of abuse by the City of Oxnard. He city wants to setup an LMD for the Teal Club Specific Plan The city wants to use a portion of the revenue for the cost of ½ of an uniformed police officer and ½ of an uniformed firefight. Funds derived from an LMD is to be exclusively for the LMD. The amount of the assessment per housing unit for housing units within the Teal Club Specific seems to be changing. What internal controls are in place that ensure that a specific uniformed police officer and firefighter will be compensated those with those funds and it is not just a budget manipulation? What will the LMD fee be for each housing unit? Larry Stein
4/1/25, 1:14 PM City of Oxnard Mail - Fwd: Town Hall meeting 03 27 2025 https://mail.google.com/mail/u/0/?ik=8839c2507f&view=pt&search=all&permthid=thread-f:1828226867128184501%7Cmsg-f:1828226867128184501&… 2/2 1329
Dobrowalski, Jay <[email protected]>
Teal Club Specific Plan Project Notice of Public Hearing Lawrence Stein <[email protected]> Wed, Mar 26, 2025 at 6:39 PM To: "Dobrowalski, Jay" <[email protected]>
Cc: Bert Perello <[email protected]>, Aaron Starr <[email protected]>, Gabriela Rodriguez <[email protected]>, Michaela Perez <[email protected]>, "[email protected]" <[email protected]>, Luis McArthur <[email protected]>, "[email protected]" <[email protected]>, Larry Stein <[email protected]> Is the air free from Lead at the Teal Club Specific Site? How do you know, since the EPA and the Ventura County Air Polution Control Authority has not tested the air for lead? [Quoted text hidden]
Notice of Public Hearing Teal Club Specific Plan 4.15.25.pdf 166K
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ATTACHMENT
12 F INAL E NVIRONMENTAL I MPACT R EPORT N O . 2015-01

S EE L INK B ELOW
[ HTTPS :// WWW . OXNARD . GOV / COMMUNITY - DEVELOPMENT / PLANNING - ENVIRONMENTAL - SERVICES / ENVIRONMENTAL - POSTINGS ] 1331
Teal Club Specific Plan
City Council
April 15, 2025
Planning & Zoning Permit Nos.:
15-610-01 (Annexation), 15-620-03 (General Plan Amendment), 16-560-01 (Pre-Zoning), 24-670-02 (Development Agreement), 15-630-01 (Specific Plan) Property Located North of Oxnard Airport, South of Doris Road, East of Patterson Road, and West of Ventura Road
Applicant: Borchard Property Co-Owners
1332
Project Description
2 A request for the following actions:
● General Plan Amendment
● Annexation
● Pre-Zoning
● Adopt the T eal Club Specific Plan (TCSP)
● Development Agreement (Phase 1 Only)
● Certify Final Environmental Impact Report (EIR)
The requested actions will allow for the future development of the following subject to the provision of the Specific Plan:
● Residential: up to 990 units in a variety of densities, with 15% Affordable ● Commercial: up to 55,000 sq.ft. for retail, mixed use, and office use ● Business and Research Park: up to 132,000 sq.ft. for office ● Parks and Open Space: 17.76 acres for two parks, and a greenbelt 1333
Project Location
N
3 N

PROJECT
SITE
1334
Existing Conditions
4 View from Ventura Rd and T eal Club Rd looking northwest

PROJECT
SITE

PROJECT
SITE
View from Ventura Rd and Doris Ave looking southwest
1335
Existing Conditions
5 View from T eal Club Rd looking west

PROJECT
SITE

PROJECT
SITE
View from T eal Club Rd and Patterson Rd looking northeast 1336
Surrounding Land Uses
SITE
6 N

TEAL CLUB ROAD
LIGHT

INDUSTRIAL

SINGLE FAMILY

RESIDENTIAL

BUSINESS

RESEARCH PARK
OXNARD

AIRPORT

SINGLE FAMILY

RESIDENTIAL

DORIS AVENUE

FARMLAND

VENTURA ROAD
1337
Background
Existing Development:
• The TCSP area is in active agricultural use (row crops) and has been developed with agricultural structures and single family residences. • Parcels south of T eal Club road are a mix of vacant land, and residential developments with ancillary vehicle storage and shop uses.

Proposed Project:
• In 2005, 2009, and 2011, the project was submitted, reviewed, and revised. • In 2015, the current project was submitted.
• Based on the environmental review comments, the project was revised to its current form.
• In 2024, the project was reviewed by the Planning Commission. 7 1338
General Plan Land Use Map
Existing 2030 General Plan:

Proposed 2030 General Plan:

N
N
8 AC
1339
Annexation Map
Existing City Boundary:

Proposed City Boundary:

NN
9 1340
Zoning Map
Existing Zoning (None):

Proposed Zoning:

NN
10 1341
Teal Club Specific Plan
11 The T eal Club Specific Plan seeks to create a new community that carefully integrates multiple land uses in a walkable setting. The entire plan area is linked together by the east/west multi-use trail, Class II bike lanes, and neighborhood sidewalks.

The design incorporates Urban Village concepts with an emphasis on highly-visible pedestrian routes and the interconnection of residential neighborhoods, community- serving commercial uses, recreational opportunities, the adjacent Oxnard School District educational facilities and on-site public transportation access.

TCSP includes the following items:
● Planning Areas
● Affordable Housing
● Development Standards
● Infrastructure & Community Services
● Off-site Improvements and Utilities
● Implementation
● Development Phasing and Timing
1342
Teal Club Specific Plan Phasing
12 1343
Development Agreement
13 The proposed development agreement between the Applicant and City, generally provides framework for financial commitments to City, allows for fee modifications, defines affordable housing requirements, outlines timing for infrastructure improvements, and maintenance requirements:
● Agreement will remain in effect for 10 years
● Developer will construct 6.5 acre park in Phase 1
● Developer shall construct all infrastructure improvements ● Special review process to ensure compliance with TCSP ● City will form at least one Community Facilities District at the request of the developer. ● Future development will include 15% of units as affordable to Very-Low Income and Low-Income households. Units will be affordable for 55 years
● Developer will pay a fee to City for Affordable Farmworker Housing ● Developer agrees to Local Buyer and Local Hire Preferences ● Developer will pay a Police and Fire Mitigation Fee to offset proportional staffing costs The proposed Development Agreement only applies to Phase 1 of the T eal Club Specific Plan Project. 1344
Planning Commission Recommendations
At the November 21, 2024 hearing, Staff’s recommendation was that the Commission recommend approval of the project requests as presented to the City Council.

At the hearing, the Commission voted to recommend approval of each component of the project to City Council approval, with the following 5 revisions:
• Expanded Class I bike lanes
• Allowance of water fountains
• Promotion of electric energy
• Increased Affordable Housing
• Prevailing Wage requirement
14 1345
PC Recommendations
Class I Bike Lanes
• Addition of Class facilities around perimeter of site in addition to the Class II facilities
• Cyclists/pedestrians are separated from vehicle traffic Allowance of Water Fountains
• Allowed in front yard setback of R-2 zone
Promotion of Electric Energy
• Encourage all-electric development
Staff supports these revisions to the Specific Plan
15 1346
PC Recommendation - Affordable Housing
• PC recommended the project provide 20% Affordable units (Very-low Income (8%) and Low Income (12%)) for a 55 year period. • The Applicant is proposing to provide 15% Affordable units, which is consistent with the City 2030 General Plan requirement for Urban Villages. • The proposed affordable units shall be deed restricted for Very-low Income (6%) and Low Income (9%) for a 55 year period.
• City’s Inclusionary Ordinance only requires 10% Affordable units to be deed restricted for Very-low Income (5%) and Low Income (5%) for a 20 year period.
• Project includes payment of farmland mitigation fee which is to be used towards the construction of farmworker housing.
16 1347
PC Recommendation - Prevailing Wage
PC recommended Prevailing Wage for all development within Phase 1 of the TCSP , as that is covered under the Development Agreement.

Prevailing Wage requirements are established under state law and required for the construction of Public Work as defined by state law.

The Development Agreement presented to the PC required Prevailing Wage per state law consistent with all other development within the City.
• Construction of public improvements meeting the State definitions only • Not required for private development construction (i.e. individual homes, apartments, retail, etc.)
17 1348
PC Recommendation - Prevailing Wage (Cont.)
The requirement for a Project wide prevailing wage would increase the cost of homes and commercial spaces within the development and may impact the City’s ability to be competitive in attracting development. This requirement may also be detrimental to project feasibility.

T o avoid any confusion, staff's recommendation includes the removal of the Prevailing Wage language from the Draft DA. As a result, all prevailing wage requirements would default to the state regulations.
18 1349
General Plan Consistency
TCSP site has General Plan designation of “Urban Village” characterized by a mix of land uses, transit accessibility, pedestrian orientation, and neighborhood identity.

The project is consistent with the 2030 General Plan policies and goals as discussed in the Staff Report and Final EIR.

Parcels south of T eal Club Road are designated for Airport Compatible uses that do not interfere with airport operations or subject large numbers of persons to aircraft hazards.

Pursuant to Oxnard Housing Element Program 24, if the T eal Club annexation is not approved the City will be required to find alternative housing opportunities to accommodate 990 units during Fiscal Year 2025-2026 through up zoning or rezoning other properties.
19 1350
EIR Findings
20 Final EIR includes a Mitigation Monitoring and Reporting Program:
● Details process to implement required mitigation measures ● After implementation of standard conditions and mitigation measures, all potentially significant impacts will be reduced to less than significant levels Final EIR identified significant impacts:
● Agricultural Resources
● Air Quality
Findings, and Statement of Overriding Considerations (SOC) were prepared Staff recommends certification of the Final EIR
1351
Agricultural Resources
• Project will remove farmland from agricultural production • No agricultural easements within Ventura County
• Agricultural conservation in-lieu fee
• City Council authorized Development Agreement for terms of fee • Fee will be used for farmworker housing
• Benefit for displaced farmworkers
21 1352
Air Quality
• The project would have a Class I, significant and unavoidable, impact to regional air quality.
• Operational emissions of ROG and NOX would exceed VCAPCD’s daily thresholds. While the impacts of vehicle emissions and related impacts are mitigable with payment of Transportation Demand Management (TDM) fees, not all operational emissions are mitigable.
• The EIR evaluates the project's impacts on the environment (not the impacts of the environment on the project).
• Development near the Oxnard Airport Sphere of Influence is conditioned to require notice to all property owners that inhabitants may be affected by the airport and aircraft operations.
22 1353
Community Outreach
Project was presented during the March 2022 Cabrillo Neighborhood meeting.

Project was presented during the April 2022 Community Workshop meeting.

Project was presented to Planning Commission November 21, 2024. • Hearing included public comments and testimony
City hosted a virtual T own Hall meeting on March 27, 2025. • Comments and Questions received are attached to the staff report.

23 1354
Public Notice
Notice of City Council hearing provided:
• Newspaper
• On-site posting (3 locations)
• Mailed to property owners within 300 feet
Since the Planning Commission meeting, staff has received 15 comment letters regarding the project. The information in the letters does not change staff recommendations. 24 1355
Staff Recommendation
That the City Council Adopt Option 1 of the Staff Report:
a) Adopt a Resolution Certifying the Final Environmental Impact Report (EIR) No. 2015-01 for the T eal Club Specific Plan (Governor's Office of Planning and Research State Clearinghouse No. 2012051080); and
b) Adopt a Resolution approving Planning and Zoning Permit No. 15-610-01 for Annexation, subject to certain findings; and
c) Adopt a Resolution approving Planning and Zoning Permit No. 15-620-03 for a General Plan Amendment, subject to certain findings; and
d) Approve the first reading by title only and waive further reading of the proposed Ordinance titled “An Ordinance Of The City Council Of The City Of Oxnard Approving Planning And Zoning Permit No. 15-560-01 Pre-Zoning Parcels Generally Located South Of T eal Club Road, North And West Of Little Farms Road, And Bisected By Mallard Way (APNs 183-0-110-030, -045, -050, -260, -270, -395, -405, -415, 183-0-100-405, -555, -565) T o Light Manufacturing (M-1). Filed By Dennis Hardgrave, On Behalf Of Borchard Property Co-Owners, 434 Park Cottage Place, Camarillo, California 93012.”; and 25 1356
Staff Recommendation (Continued)
e) Approve the first reading by title only and waive further reading of the proposed Ordinance titled “An Ordinance Approving Development Agreement No. A-8565 (Planning And Zoning Permit No. 24-670-02) Generally Located North Of T eal Club Road, East Of Patterson Road, South Of Doris Avenue, And West Of Ventura Road, (APNs 183-0-070-060, -070, -140, -240). Filed By Dennis Hardgrave, On Behalf Of Borchard Property Co-Owners, 434 Park Cottage Place, Camarillo, California 93012.”; and
f) Approve the first reading by title only and waive further reading of the proposed Ordinance titled “An Ordinance Approving Planning And Zoning Permit No. 15-640-01 (Specific Plan), And Certifying Final Environmental Impact Report No. 2015-01 For The T eal Club Specific Plan, Generally Located North Of T eal Club Road, East Of Patterson Road, South Of Doris Avenue, And West Of Ventura Road, (APNs 183-0-070-060, -070, -110, -125, -135, -140, -240). Filed By Dennis Hardgrave, On Behalf Of Borchard Property Co-Owners, 434 Park Cottage Place, Camarillo, California 93012.”. 26 1357
27 1358

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1

DATE: April 15, 2025

TO: City Council; Housing Authority

FROM: Brenda Lopez, Interim Housing Director, (805) 385-8092, [email protected] Stephen Fischer, City Attorney, (805) 385-7483, [email protected]

SUBJECT: Loan Agreement Between the Oxnard Housing Authority and the City of Oxnard. (10 minutes)

RECOMMENDATION

That the City Council:

1. Adopt a resolution approving and authorizing the City Manager or Designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a Loan Agreement (A-8583) with Oxnard Housing Authority to partially fund the proposed settlement between the Oxnard Housing Authority and UHC 00558 Oxnard, L.P. regarding the Las Cortes housing project in the La Colonia neighborhood and other matters pertaining thereto; and

2. Authorize a FY 2024-25 budget appropriation in the amount of $800,000 from the General Fund (101) available fund balance.

That the Board of Commissioners:

1. Adopt a resolution approving and authorizing the Housing Director to take all needed actions in consultation with general counsel relative to entering into a Loan Agreement with the City of Oxnard to partially fund the proposed settlement between the Oxnard Housing Authority and UHC 00558 Oxnard, L.P. regarding the Las Cortes housing project in the La Colonia neighborhood and other matters pertaining thereto; and

2. Authorize an appropriation in the amount of $1,200,000 from the Housing Authority’s Central Fund; and

3. Authorize the write-off of bad debt associated with the Promissory Note that was entered into on June 1, 2020 (as amended and restated on January 1, 2021) for demolition costs.

(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/wjedZb0Ib5s

BACKGROUND

In 2008, the Housing Authority of the City of Oxnard (Housing Authority) received authorization from the U.S.

Department of Housing and Urban Development (HUD) to demolish 260 existing public housing units on the Colonia Village Public Housing Site (also known as The Courts or Las Cortes). The units, which were constructed in the 1950s, were located in the La Colonia neighborhood (west of Rose Avenue, south of the Del Sol Park, and north of 1st Street).

The Housing Authority and UHC 00558, L.P. (UHC) subsequently entered into a Development Agreement dated September 18, 2012 (as amended on June 1, 2015 (the “Agreement’)) for the purpose of demolishing and replacing the structures with new affordable housing units on the site. In conjunction with the Agreement, UHC obtained specific 1359
entitlements for the project, including a tentative tract map approved on December 9, 2014.

UHC subsequently completed its first phase of the project, consisting of a 144-unit multifamily apartment complex (including two manager units) for rental to low-income individuals and families.

Due to UHC’s numerous delays in the start of its second phase, there were on-going issues of loitering, trespassing and criminal incidents in the vacant units and surrounding areas. On January 1, 2021, the Housing Authority and UHC entered into an agreement in an amount not to exceed $2,500,000 for demolition costs. The final amount totaled $2,332,619 based on actual expenditures. Principal and interest due to the Housing Authority on March 31, 2025 was $2,655,505. The repayment would have been based on residual receipts of the Project. Therefore, this settlement requires the write-off of the note to include interest accrued through the write-off date. The value of this note was included in the settlement negotiations.

UHC’s second phase was to consist of 120 affordable housing units to be developed. The original number was later increased to 129 affordable housing units (including 2 manager units).The City subsequently granted multiple extensions to the tentative tract map associated with the development, but UHC never constructed this second phase, and the tentative map expired on November 13, 2023.

The Housing Authority issued a notice of default under the Agreement to UHC on February 26, 2024, followed by a termination notice on April 10, 2024. As outlined at length in its communications with UHC, the Housing Authority indicated that, based upon the issues with UHC, the Housing Authority properly terminated the agreement for cause, allowing the Housing Authority to terminate the agreement and regain control of the property without any payments to UHC.

UHC categorically rejected the Housing Authority’s termination of the Agreement on June 19, 2024, claiming that UHC had acted diligently and at all times in a commercially reasonable manner and had complied with the terms of the Agreement. UHC then invoked a provision of the Agreement, claiming that the Housing Authority was terminating the Agreement for convenience – thus entitling UHC to damages.

Under the terms of the Agreement, either party has the right to invoke arbitration – a non-judicial dispute resolution process. UHC has indicated on multiple occasions that it will invoke arbitration if the matter is not resolved.

DISCUSSION

In an effort to resolve this matter without resorting to arbitration, and potential litigation after the arbitrator reached a decision (there are limited grounds for such litigation, but it can occur), the Housing Authority and UHC entered into settlement negotiations. While the Housing Authority and the City believe that UHC’s position has limited merit, staff recommended settlement of this matter on acceptable terms for multiple reasons:

1. Uncertainty in arbitration. While the arbitration process is generally faster than litigation in state court, arbitration adds an element of uncertainty and risk because of the limited ability to file litigation to overturn an arbitrator’s decision after the arbitration has reached a final decision.

2. Cost of arbitration. Under many circumstances, arbitration can be less costly than standard litigation in state court. However, in this case, arbitration (including the discovery) would most likely be as expensive or more expensive than state court litigation based upon the likely length of the discovery and arbitration process.

3. Delay in the Housing Authority gaining control of the property for affordable housing. UHC’s failure to develop its second phase of the project has already prevented the timely development of the final portion of this important affordable housing site in the La Colonia neighborhood. Going through the arbitration process (including any potential litigation at the end of that process) would likely add years to the completion date for this project.

4. Severe Shortage of Affordable Housing. Several of the Housing Authority’s public housing and project-based voucher waitlist(s) have not been re-opened since 2019 due to the lack of unit availability; it is imperative that the Housing Authority replaces the lost inventory and pursues opportunities to increase the number of affordable housing units. This is not possible with the UHC agreement in place.

5. Noncompliance with SAC Application (Special Application Center). The Housing Authority applied to HUD for approval for the demolition and disposition of the 260 public housing units in accordance with Section 18 of the U.S. Housing Act of 1937. The Housing Authority has an obligation to HUD to develop affordable housing units. 1360

6. Incidental Costs. The expenses and personnel cost to maintain the vacant land, address trespassing issues, and daily loitering continue to accumulate over time, having a negative impact on the Housing Authority’s limited budget, as well as negatively impacting the community.

City Council provided the City Manager with settlement authority of up to $2 million on February 4, 2025. The Housing Authority and UHC reached a tentative settlement in the amount of $2,000,000 – subject to the parties entering into a formal settlement agreement and without the parties agreeing to any liability or wrongdoing.

Because, however, the Housing Authority does not have $2,000,000 in unencumbered and unrestricted cash available (the Housing Authority has $1,200,000 available) staff is proposing a $800,000 Loan Agreement that imposes performance requirements, which will require default protections such as recapture of the real property.

The proposed loan will function similar to a grant because it will be forgivable and not require repayment, provided the performance requirements are met. The proposed funding source for the loan is the City General Fund in the amount of $800,000. This action will enable the Housing Authority and UHC to settle their disputes without resorting to arbitration and/or litigation.

The proposed terms of the Loan Agreement by and between the City and the Housing Authority are summarized below.

1. The proposed Loan would have a default interest rate of 10% or the highest allowed by law;

2. Require that the affordable housing that is constructed on the property be made available to households with annual incomes at or below 80% of the Area Median Income for Ventura County; and

3. Would be automatically forgiven on the date that construction of affordable housing begins.

If approved by Council, the Loan Agreement would be executed by the City Manager or designee and the Housing Director on behalf of the Housing Authority.

Once control of the property has been acquired by the Housing Authority, it is the intent of the Housing Authority to develop a plan for construction of affordable housing on the property.

CONCLUSION

If the parties do not reach agreement on the terms of the written settlement agreement (as of the date of the publishing of this staff report, the settlement agreement has not been finalized) or if the City Council and/or the Board of Commissioners for the City of Oxnard Housing Authority do not approve the loan agreement at the meeting on April 15, 2025, then it is anticipated that this matter will go to arbitration.

STRATEGIC PRIORITIES

This agenda item is a routine operational item and does not relate to the four strategic plans adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The loan will be recognized as a note receivable and reclassified to expense once it is deemed forgivable. Staff is requesting City Council approval of a budget appropriation of $800,000 from the City’s General Fund (101) available fund balance to partially fund the proposed settlement between the Housing Authority and UHC. Staff is also requesting the Board of Commissioners’ approval of a budget appropriation of $1.2M from the Housing Authority Central Fund to pay the remaining settlement balance for a total settlement amount of $2M.

For Finance Use Only: General Fund (Org. 1011001 Obj. 57410, Project M25XX)

COMMITTEE OUTCOME

This item did not originate in Committee.

1361
Prepared by: Brenda Lopez, Interim Housing Director, Kenneth Rozell, Chief Assistant City Attorney, Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. Oxnard Housing Authority _ Las Cortes Loan Resolution (City Council)

2. Oxnard Housing Authority_ Las Cortes Loan Resolution (Housing Authority)

3. Las Cortes Loan Agreement_ City and Oxnard Housing Authority

4. Exhibit B_ Loan Agreement Promissory Note

5. Presentation

1362

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. 2025-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AND TAKE ALL

NEEDED ACTIONS IN CONSULTATION WITH CITY ATTORNEY RELATIVE TO ENTERING INTO A LOAN AGREEMENT IN THE AMOUNT OF $800,000 WITH THE

OXNARD HOUSING AUTHORITY TO PARTIALLY FUND THE PROPOSED SETTLEMENT BETWEEN THE OXNARD HOUSING AUTHORITY AND UHC 00558 OXNARD, L.P.

REGARDING THE LAS CORTES HOUSING PROJECT IN THE LA COLONIA

NEIGHBORHOOD AND OTHER MATTERS PERTAINING THERETO
WHEREAS, in 2008, Oxnard Housing Authority, a public body, corporate and politic (“Housing Authority”) received authorization from the U.S. Department of Housing and Urban Development ("HUD") to demolish 260 existing housing units, commonly known as The Courts or Las Cortes, which were originally constructed in the 1950s and located in the La Colonia neighborhood, situated west of Rose Avenue, south of Del Sol Park, and north of 1st Street (the "Property"); and WHEREAS, the Housing Authority and UHC 00558, L.P. ("UHC") entered into a Development Agreement dated September 18, 2012, as amended on June 1, 2015 (the "Agreement"), for the purpose of demolishing and replacing the existing structures with new affordable housing units on the Property; and WHEREAS, in conjunction with the Agreement, UHC obtained specific entitlements for the development project, including a tentative tract map approved on December 9, 2014; and WHEREAS, UHC completed the first phase of the Courts project, which resulted in the development of a 144-unit multifamily apartment complex for rental to low-income individuals and families (the "First Phase"); and
WHEREAS, the second phase of the Courts project (the "Second Phase") was to consist of 129 units of affordable housing, and the City of Oxnard (“City”) granted multiple extensions to the tentative tract map associated with the Second Phase; and
WHEREAS, despite these extensions, UHC failed to commence construction of the Second Phase, and the tentative tract map for the Second Phase expired on November 13, 2023; and WHEREAS, on February 26, 2024, the Housing Authority issued a notice of default under the Agreement to UHC, followed by a termination notice on April 10, 2024, stating that, due to issues with UHC's performance, the Housing Authority properly terminated the Agreement for cause, thereby regaining control of the Property without any payments to UHC; and WHEREAS, UHC categorically rejected the Housing Authority’s termination of the Agreement in a communication dated June 19, 2024, asserting that UHC had acted diligently and in a commercially reasonable manner at all times, and had complied with the terms of the Agreement, and further invoked a provision of the Agreement claiming that the Housing Authority had terminated the Agreement for convenience, entitling UHC to damages; and
WHEREAS, after extended settlement negotiations, the Housing Authority and UHC reached a tentative settlement in the amount of $2,000,000 – subject to the parties entering into a formal settlement agreement and without the parties agreeing to any liability or wrongdoing; and 1363
WHEREAS, due to the Housing Authority not having $2,000,000 in unencumbered and unrestricted cash available (with only $1,200,000 available), the Housing Authority must enter into an agreement with the City to borrow $800,000 (“Loan Agreement”) from the City in order to settle their disputes without resorting to arbitration and/or litigation; and WHEREAS, the Housing Authority has an obligation to HUD to develop affordable housing units; and
WHEREAS, the expenses and personnel costs to maintain the vacant Property, address trespassing issues, and deal with daily loitering continue to accumulate over time, having a negative impact on the Housing Authority’s limited budget and on the overall health, safety, and welfare of the city; and
WHEREAS, the City desires to provide the Housing Authority with a total of Eight Hundred Thousand Dollars ($800,000) to assist in the acquisition of the Property from UHC, with the understanding that the Loan is 100% forgivable, contingent upon the Housing Authority’s fulfillment of the terms and conditions set forth in the Loan Agreement, including the development of the Property for the creation of affordable housing; and
WHEREAS, the City Council has determined that the approval of this Resolution and the acts authorized therein are exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal.

Code of Regulations section 15280 and Public Resources Code sections 21159.21 and 21159.23; and WHEREAS, the City Council hereby finds and declares that this Resolution is being adopted by the City pursuant to the powers granted to the City.

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

1. The above recitals are true and correct.

2. The City Council further approves and authorizes the City Manager or designee to take all needed actions and execute all requisite documents on behalf of the City in consultation with the City Attorney relative to (i) the Loan Agreement; and (ii) any other agreements for the purpose of developing, maintaining and operating the Project.

3. This Resolution shall take effect from and after the date of its passage and adoption. [Signatures on the page to follow]
1364
PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Luis Mc Arthur, Mayor
ATTEST:

Luly Lopez, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
1365

HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO. 2025-______

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY

OF THE CITY OF OXNARD APPROVING AND AUTHORIZING THE HOUSING DIRECTOR

OR DESIGNEE TO EXECUTE AND TAKE ALL NEEDED ACTIONS IN CONSULTATION

WITH GENERAL COUNSEL RELATIVE TO ENTERING INTO A LOAN AGREEMENT IN THE AMOUNT OF $800,000 WITH THE CITY OF OXNARD TO PARTIALLY FUND THE

PROPOSED SETTLEMENT BETWEEN THE OXNARD HOUSING AUTHORITY AND UHC 00558 OXNARD, L.P. REGARDING THE LAS CORTES HOUSING PROJECT IN THE LA

COLONIA NEIGHBORHOOD AND OTHER MATTERS PERTAINING THERETO WHEREAS, the Housing Authority of the City of Oxnard (the “Housing Authority”) is authorized by Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended to prepare, carry out, acquire, lease, finance and operate housing projects for persons of low income and to enter into agreements for the purpose of developing and providing financing for the development of multifamily rental housing facilities located within the jurisdiction of the Housing Authority; and
WHEREAS, in 2008, Housing Authority received authorization from the U.S. Department of Housing and Urban Development ("HUD") to demolish 260 existing housing units, commonly known as The Courts or Las Cortes, which were originally constructed in the 1950s and located in the La Colonia neighborhood, situated west of Rose Avenue, south of Del Sol Park, and north of 1st Street (the "Property"); and
WHEREAS, the Housing Authority and UHC 00558, L.P. ("UHC") entered into a Development Agreement dated September 18, 2012, as amended on June 1, 2015 (the "Agreement"), for the purpose of demolishing and replacing the existing structures with new affordable housing units on the Property; and WHEREAS, in conjunction with the Agreement, UHC obtained specific entitlements for the development project, including a tentative tract map approved on December 9, 2014; and WHEREAS, UHC completed the first phase of the Courts project, which resulted in the development of a 144-unit multifamily apartment complex for rental to low-income individuals and families (the "First Phase"); and
WHEREAS, the second phase of the Courts project (the "Second Phase") was to consist of 129 units of affordable housing, and the City of Oxnard (“City”) granted multiple extensions to the tentative tract map associated with the Second Phase; and
WHEREAS, despite these extensions, UHC failed to commence construction of the Second Phase, and the tentative tract map for the Second Phase expired on November 13, 2023; and WHEREAS, on February 26, 2024, the Housing Authority issued a notice of default under the Agreement to UHC, followed by a termination notice on April 10, 2024, stating that, due to issues with UHC's performance, the Housing Authority properly terminated the Agreement for cause, thereby regaining control of the Property without any payments to UHC; and WHEREAS, UHC categorically rejected the Housing Authority’s termination of the Agreement in a communication dated June 19, 2024, asserting that UHC had acted diligently and in a commercially reasonable manner at all times, and had complied with the terms of the Agreement, and further invoked a 1366
provision of the Agreement claiming that the Housing Authority had terminated the Agreement for convenience, entitling UHC to damages; and
WHEREAS, after extended settlement negotiations, the Housing Authority and UHC reached a tentative settlement in the amount of $2,000,000 – subject to the parties entering into a formal settlement agreement and without the parties agreeing to any liability or wrongdoing; and WHEREAS, due to the Housing Authority not having $2,000,000 in unencumbered and unrestricted cash available (with only $1,200,000 available), the Housing Authority must enter into an agreement with the City to borrow $800,000 (“Loan Agreement”) from the City in order to settle their disputes without resorting to arbitration and/or litigation; and WHEREAS, the Housing Authority has an obligation to HUD to develop affordable housing units; and
WHEREAS, the expenses and personnel costs to maintain the vacant Property, address trespassing issues, and deal with daily loitering continue to accumulate over time, having a negative impact on the Housing Authority’s limited budget and on the overall health, safety, and welfare of the city; and
WHEREAS, the City desires to provide the Housing Authority with a total of Eight Hundred Thousand Dollars ($800,000) to assist in the acquisition of the Property from UHC, with the understanding that the Loan is 100% forgivable, contingent upon the Housing Authority’s fulfillment of the terms and conditions set forth in the Loan Agreement, including the development of the Property for the creation of affordable housing; and
WHEREAS, the Housing Authority has determined that the approval of this Resolution and the acts authorized therein are exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code of Regulations section 15280 and Public Resources Code sections 21159.21 and 21159.23.

NOW, THEREFORE, the Housing Authority of the City of Oxnard resolves as follows:

1. The above recitals are true and correct.

2. The Housing Authority further approves and authorizes the Housing Director or designee to take all needed actions and execute all requisite documents on behalf of the Housing Authority in consultation with General Counsel relative to (i) the Loan Agreement; and (ii) any other agreements for the purpose of developing, maintaining and operating the Project.

3. This Resolution shall take effect from and after the date of its passage and adoption. [Signatures on the page to follow]
1367
PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Luis Mc Arthur, Chairperson
ATTEST:

Luly Lopez, Secretary Designate
APPROVED AS TO FORM:

Stephen M. Fischer, General Counsel
1368
Contract #
1 AFFORDABLE HOUSING LOAN AGREEMENT

This Affordable Housing Loan Agreement (“Loan Agreement”) is made as of this 15 th day of April, 2025 by and between the City of Oxnard, a municipal corporation (“City” or “Lender”) and the Oxnard Housing Authority, a public body, corporate and politic (“Housing Authority” or “Borrower”).

RECITALS
A. In 2008, Borrower received authorization from the U.S. Department of Housing and Urban Development ("HUD") to demolish 260 existing housing units, commonly known as The Courts or Las Cortes, which were originally constructed in the 1950s and located in the La Colonia neighborhood, situated west of Rose Avenue, south of Del Sol Park, and north of 1st Street (the "Property").

B. Borrower and UHC 00558, L.P. ("UHC") entered into a Development Agreement dated September 18, 2012, as amended on June 1, 2015 (the "Agreement"), for the purpose of demolishing and replacing the existing structures with new affordable housing units on the Property.

C. In conjunction with the Agreement, UHC obtained specific entitlements for the development project, including a tentative tract map approved on December 9, 2014.

D. UHC completed the first phase of the Courts project, which resulted in the development of a 144-unit multifamily apartment complex for rental to low-income individuals and families (the "First Phase").

E. The second phase of the Courts project (the "Second Phase") was to consist of 129 units of affordable housing, and the City granted multiple extensions to the tentative tract map associated with the Second Phase.

F. Despite these extensions, UHC failed to commence construction of the Second Phase, and the tentative tract map for the Second Phase expired on November 13, 2023.

G. On February 26, 2024, the Housing Authority issued a notice of default under the Agreement to UHC, followed by a termination notice on April 10, 2024, stating that, due to issues with UHC's performance, the Housing Authority properly terminated the Agreement for cause, thereby regaining control of the Property without any payments to UHC.

H. UHC categorically rejected the Housing Authority’s termination of the Agreement in a communication dated June 19, 2024, asserting that UHC had acted diligently and in a commercially reasonable manner at all times, and had complied with the terms of the Agreement, and further invoked a provision of the Agreement claiming that the Housing Authority had terminated the Agreement for convenience, entitling UHC to damages.

I. After extended settlement negotiations, the Housing Authority and UHC reached 1369
Contract #
2 a tentative settlement in the amount of $2,000,000 – subject to the parties entering into a formal settlement agreement and without the parties agreeing to any liability or wrongdoing. Because, however, the Housing Authority does not have $2,000,000 in unencumbered and unrestricted cash available (the Housing Authority has $1,200,000 available), the Housing Authority must enter into an agreement with the City to borrow $800,000 from the City if the Housing Authority and UHC are to settle their disputes without resorting to arbitration and/or litigation.

J. The Housing Authority has an obligation to HUD to develop affordable housing units.

K. The expenses and personnel costs to maintain the vacant Property, address trespassing issues, and daily loitering continue to accumulate over time, having a negative impact on the Housing Authority’s limited budget, and on the overall health, safety and welfare of the city.

L. Lender desires to provide Borrower with a total of Eight Hundred Thousand Dollars ($800,000) to assist in the acquisition of the Property from UHC, with the understanding that the Loan is 100% forgivable, contingent upon Borrower’s fulfillment of the terms and conditions set forth in this Loan Agreement, including the development of the Property for the creation of affordable housing.

NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations, and in further consideration for the making of the Loan, Borrower and Lender hereby agree as follows:

ARTICLE 1 DEFINITIONS
The following terms have the meanings and content set forth in this section wherever used in this Loan Agreement, attached Exhibits, or documents incorporated into this Loan Agreement by reference.

1.1“BORROWER” is Oxnard Housing Authority, a public body, corporate and politic and its authorized representatives, assigns, transferees, or successors-in-interest thereto.

1.2“EFFECTIVE DATE” is April 15, 2025.

1.3"LOAN" means the Loan of funds in the total amount of Eight Hundred Thousand dollars ($800,000) from the Lender to the Borrower as provided in this Loan Agreement to provide funding for the acquisition of the Property.

1.4"LOAN AGREEMENT" means this loan agreement entered into between Lender and Borrower.

1.5"LENDER" means the City of Oxnard, a municipal corporation and its authorized representatives, officers, officials, directors, employees, and agents. 1370
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3 1.6"HAZARDOUS MATERIALS" means any hazardous or toxic substances, materials, wastes, pollutants, or contaminants which are defined, regulated, or listed as "hazardous substances," "hazardous wastes," "hazardous materials," "pollutants," “contaminants," or "toxic substances," under federal or state environmental and health and safety laws and regulations, including without limitation petroleum and petroleum byproducts, flammable explosives, urea formaldehyde insulation, radioactive materials, asbestos, and lead.

Hazardous Materials do not include substances that are used or consumed in the normal course of developing, operating, or occupying a housing project, to the extent and degree that such substances are stored, used, and disposed of in the manner and in amounts that are consistent with normal practice and legal standards at the time of such use.

1.7“HCD” means the California Department of Housing and Community Development.

1.8"HOUSING AUTHORITY" is Oxnard Housing Authority, a public body, corporate and politic and its authorized representatives, assigns, transferees, or successors-in- interest thereto.

1.9"INSURANCE REQUIREMENTS" means the insurance coverage which must be in full force and effect during the term of the Regulatory Agreement, as specified in Exhibit C, unless otherwise waived by Lender.

1.10“LOW INCOME HOUSEHOLD” means a household whose annual income does not exceed eighty percent (80%) of the Median Income.

1.11 “MEDIAN INCOME” means the median income for Ventura County Metropolitan Statistical Area as determined by HCD Official State Income Limits with adjustments for household size appropriate for the assisted unit as set forth in California Health and Safety Code sections 50079.5 and 50052.5 (h).

1.12 “NOTE" means the promissory note executed by the Borrower in favor of Lender in the amount of Eight Hundred Thousand Dollars ($800,000) to evidence the Loan substantially in the form attached hereto as Exhibit B.

1.13 “PROJECT" means the future development of affordable housing on the Property.

1.14"PROPERTY" means the real property located in the City of Oxnard, State of California , situated west of Rose Avenue, south of Del Sol Park, and north of 1st Street, as more particularly described in Exhibit A, which is incorporated into this Lon Agreement by this reference.

ARTICLE 2 TERMS OF THE LOAN
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4 2.1LOAN. On and subject to the terms and conditions of this Loan Agreement lender agrees to make and Borrower agrees to accept a Loan with the following terms:

2.2AMOUNT. The principal amount of the Loan shall be an amount not to exceed Eight Hundred Thousand Dollars ($800,000) and shall be evidenced by the Note.

2.3INTEREST. The Note shall not bear interest.

2.4DEFAULT INTEREST. Section 2.3 notwithstanding, in the event of a default by Borrower under this Loan Agreement and expiration of applicable cure periods, Borrower shall pay to Lender interest on the outstanding principal of the Loan, at an annual rate equal to the lesser of (i) ten percent (10%) or (ii) the highest interest allowed by law, from the date of the default until the date that the default is cured or the Lender is repaid in full.

2.5TERM OF LOAN.

The full principal amount of the Loan shall be automatically forgiven upon the commencement of construction of affordable housing on the Property.

2.6USE OF FUNDS. Loan proceeds shall be used for acquisition of the Property by Borrower from UHC.

ARTICLE 3 LOAN DISBURSEMENTS

3.1CONDITIONS PRECEDENT TO DISBURSEMENT. Lender shall not be obligated to make any disbursements of the Loan proceeds or take any other action under this Loan Agreement unless the following conditions precedent are satisfied prior to the disbursement of the Loan:

A. There exists no Event of Default nor any act, failure, omission or condition that with the giving of notice or passage of time would constitute an Event of Default; B. Unless otherwise waived by Lender, Borrower has provided to Lender a certificate of insurance or copy of the insurance policy, which policy shall be satisfactory to the Lender and which conforms to Exhibit C; and
C. Borrower shall have provided Lender with three (3) days’ written notice requesting the disbursement of the Loan.

3.2DISBURSEMENT OF LOAN PROCEEDS. Disbursement of Loan proceeds shall not exceed Eight Hundred Thousand Dollars ($800,000). 1372
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5 ARTICLE 4 OPERATION

4.1OPERATION OF PROJECT. Borrower shall execute and record a Regulatory Agreement, which shall regulate the use of the Property for affordable housing. The Project shall be operated and managed in full conformance with the terms of the Regulatory Agreement.

4.2NONDISCRIMINATION. Borrower shall not discriminate or segregate in the rehabilitation, use, enjoyment, occupancy, conveyance, lease, sublease, or rental of any part of the Property on the basis of race, color, ancestry, national origin, religion, sex, sexual preference or orientation, age, marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC) acquired or perceived, or any other arbitrary basis. Borrower shall otherwise comply with all applicable local, state, and federal laws concerning discrimination in housing.

4.3ENCUMBRANCE OF PROPERTY. Except as otherwise provided in this Loan Agreement, Borrower shall not engage in any financing or any other transaction creating any security interest or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or allow any encumbrance or lien to be made on or attached to the Property, except with the prior written consent of Lender. Borrower shall notify Lender in writing in advance of any financing secured by any deed of trust, mortgage, or other similar lien instrument that it proposes to enter into with respect to the Project or Property, and of any encumbrance or lien that has been created on or attached to the Property whether by voluntary act of Borrower or otherwise.

4.4TRANSFER OF PROPERTY. Borrower has not made or created, and shall not, make or permit any sale, assignment, conveyance, lease (other than the leasing of units in the Project pursuant to an approved lease), or other transfer of this Loan Agreement, the Project, or the Property, or any part thereof, without the prior written consent of Lender.

4.5FEES, TAXES, AND OTHER LEVIES. Borrower shall be responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Project, and shall pay such charges prior to delinquency. However, Borrower shall not be required to pay and discharge any such charge so long as (a) the legality thereof is being contested diligently and in good faith and by appropriate proceedings, and (b) if requested by Lender, Borrower deposits with Lender any funds or other forms of assurance Lender in good faith from time to time determines appropriate to protect Lender from the consequences of the contest being unsuccessful.

ARTICLE 5 INDEMNITY AND INSURANCE

5.1INDEMNITY AND INSURANCE. Borrower hereby agrees to defend, indemnify and save harmless the Lender and to procure and maintain insurance in accordance with the provisions of Exhibit C attached hereto and incorporated herein by reference, unless otherwise waived by Lender.
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6 5.2NON-LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No officials, employees and agents of Lender shall be personally liable to Borrower for any obligation created under the terms of this Loan Agreement.

ARTICLE 7 HAZARDOUS MATERIALS

6.1 REPRESENTATIONS AND WARRANTIES. After reasonable investigation and inquiry, Borrower hereby represents and warrants to the best of its knowledge, as of the date of this Loan Agreement and except as previously disclosed and acknowledged in writing by Loan or as disclosed by the reports based on environmental audit(s) performed on the Property and submitted to Lender, that (a) the Property is not and has not been a site for the use, generation, manufacture, transportation, storage, or disposal of Hazardous Materials in violation of Federal or State law; (b) the Property is in compliance with all applicable environmental and health and safety laws, regulations, ordinances, administrative decisions, common law decisions (whether federal, state, or local) with respect to Hazardous Materials, including those relating to soil and groundwater conditions ("Hazardous Materials Laws"); (c) there are no claims or actions pending or threatened with respect to the Property by any governmental entity or agency or any other person relating to Hazardous Materials; and (d) there has been no release or threatened release of any Hazardous Materials on, under, or near the Property (including in the soil, surface water, or groundwater under the Property) or any other occurrences or conditions on the Property or on any other real property that could cause the Property or any part thereof to be classified as a "hazardous waste property" or as a "border zone property" under California Health and Safety Code Sections 25220, et seq., or regulations adopted therewith.

6.2NOTIFICATION TO LENDER. Borrower shall promptly notify Lender in writing of: (a) the discovery of any concentration or amount of Hazardous Materials of which Borrower becomes aware on or under the Property requiring notice to be given to any governmental entity or agency under Hazardous Materials Laws; (b) any knowledge by Borrower (after verification of the veracity of such knowledge to Borrower's reasonable satisfaction) that the Property does not comply with any Hazardous Materials Laws; (c) the receipt by Borrower of written notice of any Hazardous Materials claims; and (d) the discovery by Borrower of any occurrence or condition on the Property or on any real property located within 2,000 feet of the Property that could cause the Property or any part thereof to be designated as a "hazardous waste property" or as a "border zone property" under California Health and Safety Code Sections 25220, et seq., or regulations adopted therewith.

6.3USE AND OPERATION OF PROPERTY. Neither Borrower, nor any agent, employee, or contractor of Borrower, nor any authorized user of the Property shall use the Property or allow the Property to be used for the generation, manufacture, storage, disposal, or release of Hazardous Materials. Borrower shall comply and cause the Project to comply with Hazardous Materials Laws.

6.4REMEDIAL ACTIONS. If Borrower has actual knowledge of the presence of any Hazardous Materials on or under the Property, Borrower shall take, at no cost or expense to Lender, all handling, treatment, removal, storage, decontamination, cleanup, transport, disposal or other remedial action, if any, required by any Hazardous Materials Laws or by any orders or 1374
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7 requests of any governmental entity or agency or any judgment, consent decree, settlement or compromise with respect to any Hazardous Materials claims. The foregoing, however, shall be subject to Borrower's right of contest below.

6.5RIGHT OF CONTEST. Borrower may contest in good faith any claim, demand, levy or assessment under Hazardous Materials Laws if (a) the contest is based on a material question of law or fact raised by Borrower in good faith, (b) Borrower promptly commences and thereafter diligently pursues the contest, (c) the contest will not materially impair the taking of any remedial action with respect to such claim, demand, levy or assessment, and (d) if requested by Lender, Borrower deposits with Lender any funds or other forms of assurance Lender in good faith from time to time determines appropriate to protect Lender from the consequences of the contest being unsuccessful and any remedial action then reasonably necessary. No Event of Default shall be deemed to exist with respect to any claim, demand, levy or attachment being contested by Borrower under the conditions of this section.

6.6ENVIRONMENTAL INDEMNITY. Borrower shall defend, indemnify, and hold Lender free and harmless against any claims, demands, administrative actions, litigation, liabilities, losses, damages, response costs, and penalties, including all costs of legal proceedings and reasonable attorney's fees, that Lender may directly or indirectly sustain or suffer as a consequence of any inaccuracy or breach of any representation, warranty, agreement, or covenant contained in this Lender Agreement with respect to Hazardous Materials, or as a consequence of any use, generation, manufacture, storage, release, or disposal (whether or not Borrower knew of same) of any Hazardous Materials occurring prior to or during Borrower's use or occupancy of the Property.

ARTICLE 7 DEFAULT AND REMEDIES

7.1EVENTS OF DEFAULT. The occurrence of any of the following events shall constitute an "Event of Default" under this Loan Agreement:

A. Monetary. Borrower's use of Loan funds for costs other than approved costs or for uses inconsistent with other terms and restrictions in this Loan Agreement; B. Operation. (1) Discrimination by Borrower on the basis of characteristics prohibited by applicable law or (2) the imposition of any encumbrances or liens on the Property without Lender prior written approval that are prohibited under this Loan Agreement; C. General performance of Loan obligations. Any substantial breach by Borrower beyond applicable notice and cure periods of any material obligations on Borrower imposed in this Loan Agreement, which directly impact the development or use of the Property for affordable housing as agreed upon;
D. Representations and warranties. A determination by Lender that its security has or will be materially impaired due to the fact that any of Borrower's representations or warranties made in this Loan Agreement were untrue in any material respect when made, or that Borrower concealed or failed to disclose a material fact from Lender; 1375
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8 E. Damage to Property. Material damage or destruction to the Property by fire or other casualty, if Borrower does not take steps to reconstruct the Property as required by this Loan Agreement;
F. Failure to Comply with Affordable Housing Goals. Failure by Borrower to develop or maintain the Property for affordable housing in accordance with the purpose of the Loan and the terms set forth in this Loan Agreement.

7.2NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. For all Events of Default, Lender shall give written notice to Borrower of any Event of Default by specifying: (a) the nature of the event or deficiency giving rise to the Default, (b) the action required to cure the deficiency, if an action to cure is possible, and (c) a date, which shall not be less than thirty (30) calendar days from the date of receipt of the notice or the date the notice was refused, by which such action to cure must be taken or if a cure is not possible within thirty (30) days, to begin such cure and diligently prosecute such to completion which shall, in any event, not exceed ninety (90) days from the date of receipt of the notice to cure. The Lender has the sole discretion to determine whatever additional reasonable time is needed to cure.

7.3LENDER'S REMEDIES. Upon the happening of an Event of Default by Borrower and a failure to cure said Event of Default within the time specified in Section 7.2 above, Lender’s obligation to disburse further Loan proceeds shall terminate, and Lender may also, in addition to other rights and remedies permitted by this Loan Agreement or applicable law, proceed with the following remedy:

A. Because the Loan is 100% forgivable, the Lender's primary remedy shall focus on ensuring that Borrower fulfills the purpose of the Loan (i.e., the development of affordable housing). However, if the Property is not developed for the purpose of creating affordable housing as required, the $800,000 loan amount shall become immediately due and payable in accordance with the terms of this Loan Agreement.

ARTICLE 8 GENERAL PROVISIONS

8.1BORROWER’S WARRANTIES. Borrower represents and warrants (1) that it has access to professional advice and support to the extent necessary to enable Borrower to fully comply with the terms of this Loan Agreement, and to otherwise carry out the Project, (2) that it is duly organized, validly existing and in good standing under the laws of the State of California, (3) that it has the full power and authority to undertake the Project and to execute this Loan Agreement, and (4) that the persons executing and delivering this Loan Agreement are authorized to execute and deliver such Agreement on behalf of Borrower.

8.2CONFLICTS OF INTEREST. Borrower covenants that:

A. Except for approved eligible administrative or personnel costs, no person described in subsection (B) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this contract or who is in a 1376
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9 position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. The Borrower shall exercise due diligence to ensure that the prohibition in this Section is followed.

B. The conflict of interest provisions apply to any person defined in California Government Code section 1090 and an employee, agent, consultant, officer, or any immediate family member of such person, or any elected or appointed official of the City, or any person related within the third (3rd) degree of such person.

8.3POLITICAL ACTIVITY. None of the funds, materials, property or services contributed by Lender or Borrower under this Loan Agreement shall be used for any partisan political activity or the election or defeat of any candidate for public office.

8.4TERM OF THIS AGREEMENT. This Loan Agreement shall commence on the Effective Date and remain in full force and effect throughout the term of this Loan.

8.5GOVERNING LAW. This Loan Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law.

8.6STATUTORY REFERENCES. All references in this Loan Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the City of Oxnard shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject as the provision to which specific reference was made.

8.7TIME. Time is of the essence in this Loan Agreement.

8.8CONSENTS AND APPROVALS. Any consent or approval of Lender or Borrower required under this Loan Agreement shall not be unreasonably withheld or conditioned. Any approval required under this Loan Agreement shall be in writing and executed by an authorized representative of the party granting the approval.

8.9NOTICES, DEMANDS AND COMMUNICATIONS. Formal notices, demands and communications between Borrower and Lender shall be sufficiently given and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Borrower and Lender as follows:

LENDER:City of Oxnard
City Manager’s Office
300 West Third Street, Fourth Floor
1377
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10 Oxnard, CA 93030
Attn: City Manager
BORROWER:City of Oxnard Housing Authority
Affordable Housing Program
435 South D Street
Oxnard, CA 93030
Attn: Housing Director

8.10BINDING UPON SUCCESSORS. All provisions of this Loan Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors-in- interest, transferees, and assigns of each of the parties; provided, however, that this section does not waive the prohibition on assignment of this Loan Agreement by Borrower without Lender's consent.

8.11RELATIONSHIP OF PARTIES. The relationship of Borrower and Lender for this Project under this Loan Agreement is and at all times shall remain solely that of a debtor and a creditor, and shall not be construed as a joint venture, equity venture, partnership, or any other relationship. Lender neither undertakes nor assumes any responsibility or duty to Borrower (except as provided for herein) or any third party with respect to the Project, the Property, or the Loan.

8.12ASSIGNMENT AND ASSUMPTION. Borrower shall not assign any of its interests under this Loan Agreement to any other party, except as specifically permitted under the terms of this Loan Agreement, without the prior written consent of Lender. Any unauthorized assignment shall be void.

8.13WAIVER. Any waiver by Lender of any obligation in this Loan Agreement must be in writing. No waiver will be implied from any delay or failure by Lender to take action on any breach or default of Borrower or to pursue any remedy allowed under this Loan Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Loan Agreement shall not operate as a waiver or release from any of its obligations under this Loan Agreement. Consent by Lender to any act or omission by Borrower shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for Lender's written consent to future waivers.

8.14INTEGRATION. This Loan Agreement, including exhibits, executed by Borrower for the Property, if any, contain the entire agreement of the parties and supersede any and all prior negotiations.

8.15OTHER AGREEMENTS. Borrower represents that it has not entered into any agreements that are inconsistent with the terms of this Loan Agreement. Borrower shall not enter into any agreements that are inconsistent with the terms of this Loan Agreement without an express waiver by Lender in writing.
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11 8.16AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Loan Agreement must be in writing, and shall be made only if executed by both Borrower and Lender.

8.17SEVERABILITY. Every provision of this Loan Agreement is intended to be severable. If any provision of this Loan Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

8.18COUNTERPARTS. This Loan Agreement may be executed by facsimile signature, which shall have the same force and effect as an original signature, and in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages of one or more counterpart copies may be removed from such counterpart copies and all attached to the same copy of this Loan Agreement, which, with all attached signature pages, shall be deemed to be an original. (Signatures appear on next page)
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12 IN WITNESS WHEREOF, Lender and Borrower have caused this Loan Agreement to be executed by their duly authorized representatives.

Lender Borrower
THE CITY OF OXNARD OXNARD HOUSING AUTHORITY, a
public body, corporate and politic
Alexander Nguyen, City Manager Brenda Lopez, Interim Housing Director

APPROVED AS TO FORM APPROVED AS TO FORM
Stephen M. Fischer, City Attorney Stephen M. Fischer, General Counsel 1380
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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Oxnard, County of Ventura, State of California, described as follows:Approximately 7.75 acres comprises Lot 5, Lot 6 and a portion of Lot 7 of the Tentative Map 5952. 1381
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EXHIBIT B

PROMISSORY NOTE
1382
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1383

EXHIBIT C

INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONSULTANTS WITH ERRORS AND OMISSIONS REQUIREMENT

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager.

All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be forwarded to the Risk Manager, addressed as follows:

City of Oxnard
Risk Manager
Reference No.
300 West Third Street, Suite 302
Oxnard, California 93030

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

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special 1384

EXHIBIT C
Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
11/20

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc
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EXHIBIT C

ACORD CERTIFICATE OF INSURANCEISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE

DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

INSURED

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE

POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH

RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE POLICY NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY) LIMITS

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

GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY
$1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person)$

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER
City of Oxnard
Attn: Risk Manager
Reference No. __________
300 W. Third Street, Suite 302
Oxnard CA 93030

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,

BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR

LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
Rev. 11/20 INS-A.doc
1386

EXHIBIT C

SUBMIT IN DUPLICATEGENERAL LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
 In Addition to Limits
Telephone:  Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim
(which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
LIABILITY LIMITS IN THOUSANDS$COVERAGES EACH OCCURRENCE AGGREGATE

OTHER PROVISIONS
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE

CLAIMS: Underwriter’s representative for claims
pursuant to this insurance.

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Risk Manager
Reference No._______
300 W. Third Street, Suite 302
Oxnard, CA 93030

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

Signature
(original signature required)
Telephone: ( ) Date Signed:

Rev. 11/20 INS-A.doc
1387

EXHIBIT C

SUBMIT IN DUPLICATEAUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”)
ENDORSEMENT NO. ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $
applies to
coverage. Per Occurrence Per Claim (which)

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

OTHER PROVISIONS

LIMIT OF LIABILITY
$ per accident, for bodily injury and property
damage.

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

Name:

Address:

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Risk Manager
Reference No. _______
300 W. Third Street, Suite 302
Oxnard, CA 93030

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/20 INS-A.doc
1388
1 PROMISSORY NOTE
$800,000 Oxnard, California
April ____, 2025
FOR VALUE RECEIVED, the undersigned, Oxnard Housing Authority, a public body, corporate and politic (“Borrower”), hereby promises to pay to the order of the City of Oxnard, a municipal corporation (“Lender”), the principal sum of Eight Hundred Thousand Dollars ($800,000). The term Loan as used herein, means the Loan evidenced by this Note. The Loan is made pursuant to the terms of a Loan Agreement (the “Loan Agreement”) dated as of April 15, 2025, executed concurrently herewith between Borrower and Lender.

1.DEFINITIONS. Any term not defined herein shall have the meanings set forth in the Loan Agreement.

2.AMOUNT AND TIME OF PAYMENT. The full principal amount of the Loan shall be automatically forgiven upon the commencement of construction of affordable housing on the Property.

3.DEFAULT INTEREST. In the event of a default by Borrower under the Loan Agreement and expiration of applicable cure periods, Borrower shall pay to Lender interest on the outstanding principal of the Loan, at an annual rate equal to the lesser of (i) ten percent (10%) or (ii) the highest interest allowed by law, from the date of the default until the date that the default is cured or the Lender is repaid in full.

4.NO DEDUCTIONS, NO OFFSETS. All payments of principal and interest hereunder shall be made without deduction of any present and future taxes, levies, duties, imposts, deductions, charges or withholdings imposed by any existing or future law, rule, regulation, treaty, directive or requirement whether or not having the force of law, which amounts shall be paid by Borrower. Borrower will pay the amounts necessary such that the gross amount of the principal and interest received by Lender is not less than that required by this Note. All stamp and documentary taxes shall be paid by Borrower. If, notwithstanding the foregoing, Lender pays any such taxes, Borrower will reimburse Lender for the amount paid, as additional interest, within five (5) days of Lender's demand for payment. Borrower will furnish Lender official tax receipts or other evidence of payment of all such amounts.

5.ABSENCE OF USURY. Borrower and Lender intend that the Loan be exempt from the restrictions contained in the California usury law, or if not exempt, that the Loan shall be in compliance with any applicable usury law. In furtherance thereof, Borrower and Lender agree that none of the terms and provisions contained in this Note, or in any other instrument executed in connection herewith, shall ever be construed to create a contract to pay for the use, forbearance or detention of money, or interest at a rate in excess of the maximum interest rate permitted to be charged by applicable law. Therefore, if a court ultimately determines that the Loan is not exempt from the California usury law, or if a court determines that the usury law of another jurisdiction should be applied to the Loan: (a) neither Borrower nor any endorsers or other parties now or hereafter becoming liable for payment of this Note shall ever be required to pay interest on this Note at a rate in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section shall control over all other provisions of this Note and any other instruments now or hereafter executed in connection herewith; (b) if the maturity hereof shall be accelerated for any reason or if the principal of this Note is paid prior to the end of the term of this Note, and as a result thereof the interest received for the actual period of existence of the Loan would be unlawful, the holder of this Note shall refund to Borrower the amount of such excess or shall credit the amount of such excess against the principal balance of the Note then outstanding; and (c) in the event that Lender or any other holder of this Note shall collect monies which are deemed to 1389
2 constitute interest which would increase the effective interest rate on this Note to a rate in excess of that permitted to be charged by applicable law, all such sums deemed to constitute interest in excess of the legal rate shall, upon such determination, at the option of the holder of this Note, be first, credited against the principal balance of this Note then outstanding, and second, returned to the Borrower.

6.ATTORNEY'S FEES. Should the indebtedness represented by this Note or any part thereof be collected at law or in equity or through any bankruptcy (including, without limitation, any action for relief from the automatic stay or any other bankruptcy proceeding) receivership, probate or other court proceedings or by any judicial or non-judicial foreclosure proceeding, or if this Note is placed in the hands of attorneys for collection after default, the Borrower and all endorsers, guarantors and sureties of this Note jointly and severally agree to pay, in addition to the principal and interest due and payable hereon, reasonable attorneys' fees and collection costs and expenses. Should any action be brought to construe, clarify, or obtain a declaration as to the terms of this Note or the parties' obligations under it, the prevailing party in such action shall recover its reasonable attorneys' fees.

7.WAIVER OF PRESENTMENT. Borrower, and any and all endorsers, guarantors and sureties of this Note, and all other persons liable or to become liable on this Note, jointly and severally waive presentment for payment, demand, notice of demand and of dishonor and nonpayment of this Note, notice of intention to accelerate the maturity of this Note, protest and notice of protest, diligence in collecting, and the bringing of suit against any other party, and agree to all renewals, extensions, modifications, partial payments, releases or substitutions of security, in whole or in part, with or without notice, before or after maturity. The pleading of any statute of limitations as a defense to any demand against the makers, endorsers, guarantors and sureties is expressly waived by each and all such parties to the extent permitted by law.

8.LOSS OF NOTE. Upon notice from any holder to Borrower of the loss, theft, destruction or mutilation of this Note and, upon receipt of indemnity reasonably satisfactory to Borrower from any holder of this note (except that if Lender is the holder of this Note, an indemnification from Lender shall be sufficient) or, in the case of mutilation hereof, upon surrender of the mutilated Note, Borrower will make and deliver a new note of like tenor in lieu of this Note.

9.SUCCESSORS AND ASSIGNS. This Note shall be binding upon and shall inure to the benefit of Borrower and Lender, and their successors and assigns.

10.SEVERABLE PROVISIONS. Every provision of this Note is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or enforceability shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.

11.NOTICES. Notices, demands, requests, elections, approvals, disapprovals, consents or other communications given under this Note shall be in writing and shall be given by personal delivery, mail or telegram or facsimile and addressed, if to Lender, City of Oxnard, 300 West Third Street, Fourth Floor, Oxnard, California 93030, Attn: City Manager, or if to Borrower, at Oxnard Housing Authority, 435 South D Street, Oxnard, California 93030, Attn: Housing Director. Notice by personal delivery shall be deemed effective upon the delivery of such notice to the party for whom it is intended at the recipient's address. Notice by mail shall be deemed effective two (2) business days after depositing such notice, certified or registered mail, postage prepaid, properly stamped and sealed, with the United States Postal Service, properly addressed regardless of whether or when the notice is actually received by the addressee. Notice by telegram shall be deemed effective upon the transmission of the telegram, telegraph charges prepaid, to the party for whom it is intended at the recipient's address. Notice by facsimile shall 1390
3 be effective upon transmission. Notice by overnight guaranteed delivery service shall be deemed effective one (1) business day after depositing such notice with said service, charges prepaid and properly addressed. Either party may give notice of any change of address in accordance with the notice procedures described above.

12.DEFAULT. Any failure to perform any obligation of Borrower under this Note, the Deed of Trust or the Loan Agreement shall be considered a default hereunder.

13.JOINT AND SEVERAL. The obligations of Borrower in this Note shall be joint and several obligations of Borrower and of each Borrower, if more than one, and of each of Borrower's heirs, devisees, legatees, administrators, executors, personal representatives, successors and assigns.

14.GENDER. In this Note, whenever the context so requires, the masculine gender includes feminine and/or neuter, and the singular number includes the plural.

15.TIME OF ESSENCE. Time is of the essence in this Note and the performance of each of the covenants and agreements contained herein.

16.GOVERNING LAW. This Note shall be construed and enforced in accordance with the laws of the State of California.

17.AUTHORITY. The person executing this Note represents and warrants that such person has the authority to execute this Note and bind borrower to its provisions.

18.CAPTIONS AND REFERENCES. The captions of the Sections of this Note are for the purposes of convenience only and are not intended to be part of this Note and shall not be deemed to modify, explain, enlarge or restrict any of the provisions hereof. All "Section" references are to the paragraphs of this Note, unless otherwise indicated.

19.SECURITY. This Note is secured by a deed of trust executed concurrently herewith, encumbering the property described therein.

21.NONRECOURSE OBLIGATION. Except as expressly provided in the second paragraph of this section, the Borrower, and the Borrower's officers, directors, employees and agents shall not have any direct or indirect personal liability for payment of the principal of, or interest on, the Note or the performance of the covenants of the Trustor under the Deed of Trust securing the Note. The sole recourse of the Lender with respect to the principal of, or interest on, the Note shall be to the property securing the indebtedness evidenced by the Note. However, that nothing contained in the foregoing limitation of liability shall (a) limit or impair the enforcement against all such security for the Note of all the rights and remedies of the Lender, or (b) be deemed in any way to impair the right of the Lender to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto.

The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the Note, except as hereafter set forth; nothing contained herein is intended to relieve the Borrower of personal liability for (a) fraud or willful misrepresentation; (b) the failure to pay taxes, assessments or other charges (which are not contested by Trustor in good faith) which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (c) the fair market value of any personal property or fixtures removed or disposed of by Trustor other than in accordance with the Deed of Trust; (d) the misapplication of any proceeds under any insurance policies or awards resulting from 1391
4 condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property; and (e) payment to the Lender of any rental income or other income arising with respect to the Property received by the Borrower after the Lender has given notice to the Borrower of the occurrence of an Event of Default, subject to the rights of any lender providing a loan secured by the Property to which the Lender has subordinated the Deed of Trust.

Oxnard Housing Authority, a public body, corporate
and politic
By: Emilio Ramirez
Its: Housing Director
1392
Loan Agreement by and between the City of
Oxnard and the Oxnard Housing Authority
Brenda Lopez, Interim Housing Director
Housing Department
City Council
April 15, 2025
1393
Background
1) In 2008, the Housing Authority of the City of Oxnard (Housing Authority) received authorization from the U.S. Department of Housing and Urban Development (HUD) to demolish 260 existing public housing units on the Colonia Village Public Housing Site.
2) The Housing Authority and UHC 00558, L.P. (UHC) entered into a Development Agreement dated September 18, 2012 (as amended on June 1, 2015) to demolish and replace the structures with new affordable housing units. 3) UHC obtained specific entitlements for the project, including a tentative tract map approved on December 9, 2014.
4) UHC completed its 1st phase of the project (Las Cortes) consisting of a 144-unit (including 2 manager units) multifamily affordable housing apartment complex 5) UHC’s 2nd phase consisting of 129 (including 2 manager units) affordable housing units, was never constructed.
2 1394
Background
6) Due to UHC’s numerous delays in the start of its 2nd phase, there were several on-going issues with trespassing, loitering and criminal activity in the vacant units and surrounding areas. 7) In June 2020, the Housing Authority and UHC entered into an agreement in an amount not to exceed $2,500,000 for demolition costs. Actual expenditures totaled $2,332,619. The repayment would be based on residual receipts of the project. The total amount due to the Housing Authority as of March 31, 2025 was $2,655,505 (principal and interest). 8) The tentative tract map expired on November 13, 2023. 9) The Housing Authority issued a notice of default to UHC on February 26, 2024, followed by a termination notice on April 10, 2024. 10) UHC rejected the termination notice claiming to have complied with all terms and invoked the termination for convenience provision of the Agreement, which in turn entitles UHC to damages. 3 1395
Background
11) The Housing Authority and UHC entered into extended settlement negotiations in an effort to reach a resolution and avoid arbitration/potential litigation. 12) A tentative settlement has been reached in the amount of $2,000,000. 4 1396
Staff recommends settlement of this matter on acceptable terms for multiple reasons:
1) Uncertainty in arbitration
2) Cost of arbitration
3) Delay in Housing Authority gaining control of the property 4) Severe Shortage in Affordable Housing
5) Noncompliance with SAC Application (HUD’s Special
Application Center)
6) Incidental Costs
Discussion
5 1397
Loan Agreement
The Housing Authority only has $1,200,000 in unrestricted funds, therefore a gap in funding the $2,000,000 settlement exists.

Staff proposes a Loan Agreement between the City and the Housing Authority that imposes performance requirements, which will require default protections. The loan will function similar to a grant because it will be forgivable and not require repayment, if performance measures are met.

The proposed terms are as follows:
1) Loan Amount $800,000 from the City General Fund (101) 2) Required use: Property must be developed with affordable housing reserved for households with incomes at or below 80% AMI 3) Interest: 10% default interest rate or the highest allowed by law 4) Term: Loan is automatically forgiven on the date construction of affordable housing begins. 6 1398
Recommendations
That the City Council:

1. Adopt a resolution approving and authorizing the City Manager or Designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a Loan Agreement with Oxnard Housing Authority to partially fund the proposed settlement between the Oxnard Housing Authority and UHC 00558 Oxnard, L.P. regarding the Las Cortes housing project in the La Colonia neighborhood and other matters pertaining thereto; and

2. Authorize a FY 2024-25 budget appropriation in the amount of $800,000 from the General Fund (101) available fund balance.

That the Board of Commissioners:

2. Authorize an appropriation in the amount of $1,200,000 from the Housing Authority’s Central Fund; and

3. Authorize the write-off of bad debt associated with the Promissory Note that was entered into on June 1, 2020 (as amended and restated on January 1, 2021) for demolition costs. 7 1399
End of Presentation
1400

Oxnard City CouncilApril 15, 2025

Oxnard City Council
April 15, 2025