17-500-10 PC Staff Report - Granicus

TO: Planning Commission FROM: Paul McClaren, Associate Planner DATE: May 17, 2018 SUBJECT: Planning and Zoning Permit No. 17-500-10 (Special Use Permit) Located at 2400

Ventura Road

1) Recommendation: That the Planning Commission adopt a Resolution approving Planning and Zoning Permit No. 17-500-10 (Special Use Permit), subject to certain findings and conditions.

2) Project Description and Applicant: The Applicant is requesting to develop a single-story, 1,842 square-foot Starbucks coffee shop with a drive-thru at 2400 S. Ventura Road, within the Port Place Shoppes in the Bartolo Square North neighborhood. For the purposes of this Staff Report, the foregoing project description shall be referred to as the “Project.” Filed by Alton Klein (“Applicant”) for the property owner, Red Mountain Asset Fund III, LLC, 1234 East 17th Street, Santa Ana, CA 92701.

3) Existing & Surrounding Land Uses: The site consists of a .94 acre, recently subdivided lot currently used as a parking lot. Prior to the subdivision the lot was part of the larger property commonly known as the Port Place Shoppes. Recent redevelopment of the Port Place Shoppes has seen the establishment of a Smart and Final and LA Fitness as anchor stores to the shopping center as well as many smaller businesses. The following table identifies the existing and surrounding land uses, zoning, and General Plan designations (Attachment A):

Location Zoning General Plan Existing Land

Use

Project Site

General Commercial – Planned Development – All affordable

housing opportunity program overlay (C-2-PD-AH)

Community Commercial (CCM)

Parking

North Multi-family Residential – Planned

Development (R-2-PD) Residential Medium

(RM) Multi-Family

Housing

South


housing opportunity program overlay (C-2-PD-AH)


Restaurants and Gas Stations

PZ: 17-500-10; Starbucks – Drive-thru Planning Commission Date: May 17, 2018

Location Zoning General Plan Existing Land

Use

East


housing opportunity overlay program (C-2-PD-AH)


Retail Shopping Center

West City of Port Hueneme HUE Retail Shopping

Center

4) Background Information: On September 19, 1968, the Planning Commission adopted

Resolution No. 2601, approving Planned Development Permit (PD) No. 75 for the construction of an approximately 118,900 square-foot Kmart shopping center. On January 5, 1984, the Planning Commission approved Resolution Nos. 6637 and 6638 for Special Use Permit No. U-1084 and PD No. 408, respectively. Special Use Permit No. U-1084 allowed for the construction of a Burger King with a drive thru and PD No. 408 allowed the construction of a Furr’s Cafeteria Restaurant, which is currently occupied by Fuji Buffet. On November 4, 2015, the Planning Manager approved Minor Modification No. 15-140-30 allowing the exterior modification of the existing shopping center, which included a complete façade remodel, repaving of parking areas, installation of a new loading zone, curb cut, trash enclosures, and the establishment of an updated sign program. The renovated shopping center has been re-branded as the Port Place Shoppes. On September 6, 2016 the City Council adopted resolution 14,958 approving Vesting Tentative Tract Map No. 16-300-02 (Tract No. 5974). The Final Map was approved by the Development Services Director on February 7, 2018 subdividing the property.

5) Environmental Determination: Pursuant to Article 19, Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines. This section pertains to construction of new stores, motels, offices, restaurants or similar structures not exceeding 2,500 square-feet in floor area. As the building to be constructed is only 1,842 square-feet, staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment, and recommends that the Planning Commission direct City staff to file the attached Notice of Exemption (Attachment B).

6) Analysis:

a) General Discussion: The Applicant is seeking approval to construct a 1,842 square-

foot Starbucks with a drive-thru which will be operational 24 hours per day. The Starbucks project will employ 15 to 25 people in three shifts with 4 to 6 people working per shift. The proposal provides 52 parking stalls which is a 24 stall surplus. A revocable offer for dedication of ten feet of property along Ventura Road has been required for future widening and creation of a bus stop turn out (see Attachment C).


b) General Plan Consistency: The City’s 2030 General Plan land use designation for

the subject site is Community Commercial (CCM) which allows for the development of retail centers at arterial intersections with two or more anchor retailers. The project is an addition to an existing retail location with multiple anchor tenants. Approval of this Special Use Permit has been determined to be consistent with the General Plan and the property’s land use designation. Consistency with the 2030 General Plan is defined by the relationship between 2030 General Plan policies and the proposed project. The three consistency classification levels are:

I. Direct Applicability to a Proposed Project or Program (full text of the policy and an explanation).

II. Related or Indirect Applicability to the Proposed Project or Program (policy title and an explanation for each or groups of related or indirectly related policies).

III. No or Distant Applicability to the Proposed Project or Program (all policies not listed as Level I and II are assumed to be consistent).

POLICY LEVEL POLICY OR TITLE EXPLANATION

CD-1.7 CD-4.2 CD-4.4

ICS-2.11 ER-5.7

I

Compact Development. Commercial Revitalization and Redevelopment.

Commercial Area Aesthetics. Scenic Highway Preservation. Minimizing Paved Surfaces.

The project improves the efficiency of the shopping center by adding aesthetically pleasing and functional space to an under used parking lot in a shopping

center that is undergoing redevelopment.

CD-3.4 CD-9.2 CD-9.4 CD-14.1 CD-14.2 CD-14.3 ICS-1.4 ICS-6.4 ER-10.1

II

Neighborhood Quality of life. Revitalization and Redevelopment

View Corridor Preservation Design Review Process

Development Advisory Committee Functions (DAC)

Quality of Design Infrastructure Conditions of Approval

Private Bus Transportation Promote use of Native and Water Wise Plants

The Development Advisory Committee (DAC) review process

led to changes in the project and/or conditions of approval that

meet these Level II policies.

All others III

All policies not listed above No or Distant Applicability to the

Proposed Project

c) Conformance with Zoning Development Standards: The proposed development

is located in the General Commercial - Planned Development (C-2-PD) zone district with an All Affordable Housing Opportunity Program (AAHOP) overlay. In accordance with


the City Code, the proposed retail use within the existing shopping center may permitted with an approved Special Use Permit. Applicable development standards of the C-2-PD have been compared with the proposed project, as follows:

DEVELOPMENT

STANDARD

REQUIREMENT

PROPOSED

COMPLIES?

Max. building height 2 stories or 35 feet. 24’7” YES

Front yard setback 30 feet when abutting designated scenic corridors, per Community Development

Goal-9.4 of the 2030 General Plan. 35’7” YES

Side yard setback 5 feet 200+ feet YES

Rear yard setback 15 feet if >16 feet in height 85+ feet YES

Floor Area Ratio 35% max. (per General Plan) 4.5% Starbucks 27% Shopping

Center YES

Off-street parking: Handicapped

Bicycle Loading

1 Space per 50 square-feet Minus 1 space per 23 feet of drive-thru

28 Required 2 Handicapped

1 Loading zone required (12’ x 40’)

52 Spaces 2 Handicapped 1 Loading zone

(12’ x 38’)

YES

Trip Reduction Measures 5 Bicycle Spaces 6 Bicycle spaces YES

Drive-Thru Facilities Stacking for 3 cars between order board and window and 5 cars behind window

6 cars between board and

window and 9 cars behind

board.

YES

Parking area Landscape Req. Finger Planters

Parking lot landscaping 5% 9’W x 20’L – every 10 spaces w/ 2 trees

5.8% YES

Trash enclosures & transformers

To be screened at installation. Standard

Enclosure with landscaping

YES

Rooftop equipment May not protrude above height of parapet. Screened YES

d) Site Design: The 40,995 square-foot parcel is located adjacent to Ventura Road approximately 450 feet north of West Channel Islands Boulevard. The project is within the Port Place Shoppes, and is abutted by existing commercial buildings. The proposed 1,842 square-foot Starbucks building will feature a drive-thru, which will wrap around its western façade. Outdoor seating areas are provided on the easterly side of the building and to the north in the stormwater detention area. A new trash enclosure will be provided between the entrance to the drive-thru and a row of parking. The building’s west


elevation will be set back approximately 35 feet from the existing curb along Ventura Road.

e) Circulation and Parking: Main vehicular ingress/egress is provided by existing

driveways to the north and south of the site coming off of Ventura Road. The site is fully accessible from all driveways into the Port Place Shoppes. The drive-thru entry is accessed from the first parking isle east of the building. As part of the Development Advisory Committee the drive-thru lane was redesigned to accommodate a greater number of cars (14 cars) than required by code (8 cars). The Project provides 52 vehicular off-street parking spaces which exceeds Oxnard City Code requirements for the building size and proposed use by 24 spaces. Two of the 52 surface parking spaces will be for ADA required parking. An off-site parking and reciprocal access agreement between Starbucks and the rest of the Port Place Shoppes has been recorded. This is to ensure that the entire shopping center has access to the additional spaces being provided. The construction of a new pedestrian sidewalk south of the proposed Starbucks building will improve pedestrian circulation from Ventura Road to the Starbucks and the rest of the Port Place Shoppes retail buildings. There are currently no existing pedestrian paths from Ventura Road to the retail shops in in the shopping center. Condition of Approval No. 66 requires the Developer to dedicate 10 feet of the property’s Ventura Road frontage for street widening and a future bus stop turn out. Loading and unloading of goods will occur within the parking lot east of the proposed building. This is not expected to cause any conflicts with the circulation and operations of the site, as loading/unloading are expected to occur in the early morning hours.

f) Building Design: The building’s design will feature a beige stucco exterior with wide

aluminum control joints. A colored tile (“Alchemy Copper”) will be installed as a 4 foot wainscot on the façade on the south, east and portions of the north sides. The tile will also be installed for the full height of the two tower elements on the east and south sides. A metal awning (Sherwin Williams “Mindful Gray”) will extend from the façade on the east, south and one third of the west walls. The main entrance is facing east toward the interior of the shopping plaza and the drive-thru wraps around the building on the west side. Additionally, a cornice painted “Mindful Gray” will cap the perimeter of the parapet roof on the building.

g) Signs: Business signage is not part of this approval. Condition of Approval No. 9

requires the developer to obtain a sign permit for all signage.

h) Landscaping and Open Space: Landscaping is provided throughout all parking


areas. Enhanced landscaping is provided along the building’s western elevation (along Ventura Road), in order to provide screening for the queue of vehicles using the drive-thru. Additionally, much of the drive-thru lane will be paved with permeable material to reduce run-off and allow infiltration which is consistent with the 2030 General Plan’s Minimizing Paved Surfaces policy (ER 5.7). Water use will be kept at a minimum, as California native and drought resistant plant varieties are used extensively in the proposed landscaping. Condition of Approval No. 18 requires the project to comply with Ordinance No. 2822 which adopted the City of Oxnard Landscape Water Conservation Standards.

i) All-Affordable Housing Opportunity Program (AAHOP): The applicant was notified that the property was part of the AAHOP and provided with details of the incentives that are available for affordable housing projects. The applicant chose not to pursue an all-affordable or mixed-use all-affordable housing project.

7) Development Advisory Committee: The Development Advisory Committee (DAC)

reviewed this project on July 26, 2017 and January 10, 2018. The recommendations of the DAC were incorporated into the plans or addressed in the conditions in the attached resolution.

8) Community Workshop: On April 6, 2018, the Applicant mailed 580 public notices of the

Community Workshop meeting to all property owners within the Bartolo Square North neighborhood and to the Oxnard School District. A sign advertising the Community Meeting was also posted on the project site with a brief description of the Project request, as well as contact information for City staff and the Applicant. A Community Workshop was conducted on April 16, 2018 but no members of the public attended. As of the date of this report, no members of the public have comment in regards to this permit request.

9) Appeal Procedure: In accordance with Section 16-545 of the Municipal Code, the

Planning Commission’s action may be appealed to the City Council within 18 days after the decision date. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fee before the end of the appeal period.

Attachments:

A. Maps (Vicinity, General Plan, Zoning, Aerial) B. Notice of Exemption C. Reduced Project Plans D. Resolution

Prepared by: ______

PM Approved by: ______

KM

ATTACHMENT “A”

Maps (Vicinity, General Plan, Zoning)

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ATTACHMENT “B”

Notice of Exemption

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Project Description: PLANNING AND ZONING PERMIT NO. 17-500-10 (Special Use Permit) A request to construct a single story, 1,842 square-foot Starbucks coffee shop with a drive-thru on a .94 acre lot located at 2400 S. Ventura Road, in the Port Place Shoppes center within the Bartolo Square North neighborhood. Finding: The Planning Division of the Development Services Department of the City of Oxnard has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA).

Ministerial Project Categorical Exemption Statutory Exemption Emergency Project Quick Disapproval [CEQA Guidelines, 14 Cal. Code of Regs. 15270] No Possibility of Significant Effect [CEQA Guidelines, 14 Cal. Code of Regs.

15061(b)(3)] Supporting Reasons: In accordance with Section 15303 (New Construction or Conversion of Small Structures) of the State of California Environmental Quality Act (CEQA), projects involving new construction of restaurants not exceeding 2.500 square-feet in floor area may be found exempt from the requirements of CEQA. As this project proposes to construct a 1,842 square foot drive-thru restaurant, staff has determined that there is no substantial evidence that the project may have a significant effect on the environment.

Date

Kathleen Mallory, AICP Planning Manager

ATTACHMENT “C”

Reduced Project Plans

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1124" BOX LOW

WATER USESIZE QUANTITYSYMBOL

CERCIS MEXICANASTANDARD TRUNK

MEXICAN REDBUD

BOTANICAL NAME COMMON NAME

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1624" BOX MEDLOPHOSTEMONCONFERTUS

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SYMBOL

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255 GAL LOWWESTRINGIAMUNDI

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855 GAL LOWBOUGAINVILLEA'RASPBERRY ICE'

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1815 GAL LOWCALLISTEMON'LITTLE JOHN'

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75 GAL LOWMACFADYENAUNGUIS-CATI

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7715 GAL LOWLAURUSNOBILIS

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8715 GAL LOWDIETESVEGETA

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861 GAL LOWKALANCHOELUCIAE

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725 GAL LOWAGAVEATTENUATA

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@ 18" O.C.1 GAL LOWCAREX PANSA DUNE SEDGE

WATER USESIZE QUANTITYBOTANICAL NAME COMMON NAME

4 LOWOLEA 'WILSONII'STANDARD TRUNK

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16 MEDROBINIA'PURPLE ROBE'

LOCUST EXISTINGTO REMAIN

EXISTING LANDSCAPE TO REMAIN- REPLACE ANY LANDSCAPE DAMAGED DURINGCONSTRUCTION WITH LIKE SPECIES. CONTRACTOR TO MAINTAIN EXISTING LANDSCAPEIN A HEALTHY CONDITION DURING CONSTRUCTION.

36" DRIVE THRU

36" HIGH MAINTAINED HEDGE

SECTION A,A - 36" HIGH MAINTAINED HEDGE @ DRIVE THRU 1/4"=1'-0"

Prepared by:

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305 N. Harbor Blvd, Suite 222Fullerton, California 92832

Tel: (714) 680-0417California License #3098

Email: [email protected]

ALTON KLEINRED MOUNTAIN RETAIL GROUP1234 EAST SEVENTEENTH STREETSANTA ANA, CA 92701

S T A R B U C K S1301-1355 WEST CHANNEL ISLAND BLVD.

OXNARD CA Landscape Conceptual Plan

ATTACHMENT “D”

Resolution

RESOLUTION NO. 2018-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 17-500-10 (SPECIAL USE PERMIT) TO DEVELOP A SINGLE-STORY, 1,842 SQUARE-FOOT STARBUCKS COFFEE SHOP WITH A DRIVE-THRU ON A .94 ACRE LOT LOCATED AT 2400 S. VENTURA ROAD, WITHIN THE PORT PLACE SHOPPES, SUBJECT TO CERTAIN FINDINGS AND CONDITIONS. FILED BY ALTON KLEIN FOR THE PROPERTY OWNER RED MOUNTAIN ASSET FUND III, LLC, 1234 EAST 17TH STREET, SANTA ANA, CA 92701.

WHEREAS, on June 7, 2017, Alton Klein of Red Mountain Group, (the “Applicant”), submitted a

request to construct a single story, 1,842 square-foot Starbucks coffee shop with a drive-thru

on a .94 acre lot located at 2400 S. Ventura Road, within the Port Place Shoppes; and

WHEREAS, on May 17, 2018, the Planning Commission of the City of Oxnard (“Planning

Commission”) conducted a duly noticed public hearing to consider Applicant’s request to

approve Planning and Zoning Permit No. 17-500-10 (Special Use Permit), to construct a

single story, 1,842 square-foot Starbucks coffee shop with a drive-thru on a .94 acre lot (the

“Project”) in accordance with Section 16-530 through 16-553 of the Oxnard City Code; and

WHEREAS, the Planning and Environmental Services Division has completed a preliminary environmental assessment of the Project in accordance with the California Environmental Quality Act (CEQA) and determined that the Project is subject to a Class 3 Categorical Exemption.

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

SECTION 1. Based on the entire record before the Planning Commission and all written

and oral evidence presented, including the Planning Commission Staff Report and all attachments

thereto, the Planning Commission finds:

(1) The proposed use is in conformance with the City of Oxnard Land Use Plan and

the elements thereof and other adopted standards.

The proposed use is consistent with the 2030 General Plan, and the elements thereof and other adopted standards, as discussed in Section 6(b) of the Planning Commission Staff Report.

(2) The proposed use will not adversely affect or be materially detrimental to the

adjacent uses, buildings or structures or to the public health, safety or general

welfare.

The Project is designed to be architecturally compatible with the design of the surrounding buildings in the Port Place Shoppes and is in compliance with applicable City codes for development of new commercial structures.

Resolution No. 2018- PZ 17-500-10 (SUP) May 17, 2018

(3) The site for the proposed use is adequate in size and shape to accommodate the

yards, walls, fences, parking and loading facilities, landscaping and all items

required by the conditions of approval.

The Project meets all pertinent development standards, discussed in greater detail in Section 6(c) of the Planning Commission Staff Report.

(4) The site for the proposed use will be served by highways adequate in width and

improved as necessary to carry the kind and quantity of traffic such use will

generate.

The Project will be adequately served by all existing infrastructure as reviewed at the Development Advisory Committee meeting and will generate minimal impact of traffic on streets and highways as determined by the City Traffic Engineer.

(5) The site for the proposed use will be provided with adequate sewerage, water,

fire protection and storm drainage facilities.

The Project will be served by existing water and sewer connections. In accordance with the Stormwater Quality Conditions of this Resolution, the Project’s design will comply with stormwater control measures as required by the Los Angeles Regional Water Quality Control Board’s municipal separate storm sewer system (“MS4”) permit.

SECTION 2. In accordance with CEQA guidelines, §15303, the project qualifies as a Class 3

categorical exemption (New Construction or Conversion of Small Structures). This section pertains

to construction of new stores, motels, offices, restaurants or similar structures not exceeding 2,500

square feet in floor area. The Planning and Environmental Services Division is hereby authorized

and directed to file a Notice of Exemption with the Ventura County Clerk pursuant to Section 15602

of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this

Resolution.

SECTION 3. Based on the findings set forth herein, the Planning Commission hereby

approves Planning and Zoning Permit 17-500-02 (Special Use Permit), subject to the attached

conditions of approval.

SECTION 4. The decision of the Planning Commission shall be final unless an appeal of the

action is filed in accordance with the provisions of Section 16-545 of the Oxnard City Code.

SECTION 5. The Secretary shall certify the adoption of this Resolution.


STANDARD CONDITIONS OF APPROVAL FOR LAND USE PERMITS

Note: The abbreviations below identify the City department or division responsible for determining compliance with these

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

DEPARTMENTS AND DIVISIONS

CA City Attorney PL Planning Division

DS Dev Services/Eng Dev/Inspectors TR Traffic Division

PD Police Department B Building Plan Checker

SC Source Control FD Fire Department

PK Landscape Design CE Code Compliance

GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning

Division, and may not be transferred from one property to another. (PL, G-1). 2. This permit is granted for the plans dated May 17, 2018, (“the plans”) on file with the Planning

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

3. All required off-site and on-site improvements for the project, including structures, paving, and

landscaping, shall be completed prior to occupancy unless the Development Services Manager allows Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)

4. By commencing any activity related to the project or using any structure authorized by this

permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)

5. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to

indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations


taken, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-6)

6. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be

consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-7)

7. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using

the form provided by the City, for recording with the Ventura County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-8)

8. Developer shall provide off-street parking for the project, including the number of spaces, stall

size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9) 9. Before placing or constructing any signs on the project property, Developer shall obtain a sign

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

10. Developer shall obtain a building permit for any new construction or modifications to

structures, including interior modifications, authorized by this permit. (B, G-11) 11. Developer shall not permit any combustible refuse or other flammable materials to be burned

on the project property. (FD, G-12) 12. Developer shall not permit any materials classified as flammable, combustible, radioactive,

carcinogenic or otherwise potentially hazardous to human health to be handled, stored or used on the project property, except as provided in a permit issued by the Fire Chief. (FD, G-13)

13. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the

Developer, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)

14. Prior to issuance of building permits, Developer shall correct all violations of the City Code

existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).

LANDSCAPE STANDARD CONDITIONS 15. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the

Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1)

16. Prior to issuance of building permits or the proposed use is initiated, whichever comes first,

Developer shall submit two copies of landscape and irrigation plans, along with the appropriate


permit application and fees, to the Development Services Division and obtain approval of such plans. (PK/DS, PK-2)

17. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic

irrigation systems that have been approved by Parks and Facilities Superintendent. (PK, PK-3) 18. Developer shall properly maintain landscape planting and all irrigation systems as required by

the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensure compliance (PK, PK-4)

19. Prior to the issuance of City issues a certificate of occupancy, Developer shall provide a

watering schedule to the building owner or manager and to Planning Division or designee. The irrigation system shall include automatic rain shut-off devices, or instructions on how to override the irrigation system during rainy periods. (PK, PK-5)

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

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

21. The landscaping plans submit for building permits shall include additional vines planted at the

base of the green mesh to insure complete coverage of the mesh material to the satisfaction of the Planning Manager.

Water conservation 22. Developer shall install an irrigation system that includes a water sensor shut off device as a

water conservation measure. (PK, PK-22) 23. At time of submittal to the Building and Engineering Division for plan check, Developer’s

Landscape Architect or Architect shall provide the City with written confirmation that they have reviewed the civil engineering construction drawings and that the NPDES requirements are not in conflict with meeting the City’s landscape requirements. (PK, PK-23)

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

25. At the time of Plan Check submittal, the landscape plans shall contain an exhibit titled “Tree Tabulation Chart”. The Tree Tabulation Chart shall contain a listing of all existing trees on site and shall refer to them by number as identified in the Arborist’s Tree Report. The Tree Tabulation Chart shall clearly list all trees to remain, be removed or transplanted. The Chart shall contain the Arborist’s economic appraisal value of each tree(s) removed as well as


computations and calculations showing how the value of the removed tree(s) was put back into new tree sizes for the project that are in addition to meeting the City’s minimum tree size of 24” box. (PK)

FIRE DEPARTMENT STANDARD CONDITIONS 26. Developer shall construct all vehicle access driveways on the project property to be at least 26

feet wide. Developer shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. Developer shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1)

27. All roof covering materials on the project property shall be of non-combustible or fire retardant

materials approved by the Fire Chief and in compliance with the City Code. (FD, F-2) 28. Before the City issues building permits, Developer shall obtain the Fire Chief’s approval of a

plan to ensure fire equipment access and the availability of water for fire combat operations to all areas of the project property. The Fire Chief shall determine whether or not the plan provides adequate fire protection. (FD/DS, F-3)

29. At Developer’s expense, Developer shall obtain two certified fire flow tests for the project

property. The first test shall be completed before City approval of building plans and the second shall be completed after construction and prior to the issuance of a certificate of occupancy. A mechanical, civil, or fire protection engineer must certify the tests. Developer shall obtain permits for the tests from the Engineering Division. Developer shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4)

30. The project shall meet the minimum requirements of the “Fire Protection Planning Guide”

published by the Fire Department. (FD, F-6) 31. At all times during construction, developer shall maintain paved surfaces capable of handling

loads of 76,000 pounds which will provide access for firefighting apparatus to all parts of the project property. (FD/DS, F-7)

32. Developer shall provide automatic fire sprinklers as required by the City Code and shall

contact the Fire Chief to ascertain the location of all connections. (FD, F-12) 33. Developer shall install in each structure in the project a detection/alarm system with a central

station monitor that will automatically notify the Fire Department in the event of a fire in the structure. The alarm system shall include a UL or State Fire Marshal approved device, which shall not exceed design specifications, that reports the location of the fire and allows the central station monitor to inform the Fire Department of the point of entry into the structure that is nearest the fire. (FD, F-13)


FIRE DEPARTMENT SPECIAL CONDITIONS 34. Fire sprinkler coverage is required for the trash enclosure. (FD)

POLICE DEPARTMENT STANDARD CONDITIONS 35. Prior to the issuance of building permits, applicant shall receive approval of a site security plan

from the Chief of Police or his designee.

36. A site security plan shall be submitted with the building plans and shall include: a. A plan sheet documenting the floor plan and placement of cameras, camera control

equipment, floor safe or similar non-movable safe.

b. Cash handling policy document which clearly guides employees on preparing cash

trays, money drops for safe, bank deposit procedures, robbery and burglary alarm use,

and what to do in the event of a robbery or other dangerous event.

c. Designation of a location where employees can prepare cash trays and count cash out

of the view of customers.

37. The project will comply with the Outdoor Lighting Code and Guidelines. a. Outdoor lighting shall comply with Title 24, Part 6, of the California Code of

Regulations: California’s Energy Efficiency Standards for Residential and

Nonresidential Buildings.

b. Unless approved as a specific exception to this guideline, all outdoor lighting shall be

flat lens, full cut-off fixtures with the light source fully shielded with the following

exceptions:

1. Luminaires with a maximum output of 260 lumens per fixture, regardless of number of bulbs (equal to one 20-watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light from shining directly up.

2. Luminaires that have a maximum output of 1,000 lumens per fixture, regardless of number of bulbs (equal to on 60-watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque to keep light from shining directly up.

c. Oxnard City Code §16-320: Lighting within physical limits of the area required to be

lighted shall not exceed seven foot-candles, nor be less than one foot-candle at any

point. A light source shall not shine upon, or illuminate directly any surface other than

the area required to be lighted. No lighting shall be of a type or in a location that

constitutes a hazard to vehicular traffic, either on private property or on the abutting

streets. The height of light standards shall not exceed 26 feet. To prevent damage

from automobiles, standards shall be mounted on reinforced concrete pedestals or

otherwise protected.


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

39. Lighting instruments shall be metal halide, LED or similar in nature and spectrum (3,000K to

20,000K Correlated Color Temperature).

40. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians.

41. Landscape elements shall be arranged to provide clear lines of sight and eliminate potential places of concealment.

42. Security camera systems shall meet or exceed the below standards: a. Cameras and supporting equipment shall supply digital color images under normal

lighting conditions. Greyscale images are expected for infra-red lighting.

b. Cameras shall be made by a reputable manufacturer and maintained to current

industry standards.

c. Cameras shall have low light capability and able to identify persons conducting

transactions or entering the business.

d. The video system shall utilize a Digital Video Recorder (DVR). VHS and other

formats are prohibited.

e. The video system shall allow recording, live viewing and playback of recorded video

for a period of a period of at least 30 days.

f. Recorded images shall bear a date and time stamp that cannot be altered.

g. Prior to the installation of a security camera system the applicant shall submit a plan

showing location of cameras and the scope of their capture area. The plan shall

include a list of components and a web address where a description of the

component’s specifications can be located.

h. Signage shall be posted near the primary public building entrance which states in 2”

letters: “These premises are monitored by a security camera system”.

i. Cameras in domed casings are highly encouraged as their area of focus is not easily

determined by a casual observer.

j. Signs shall be posted on the property indicating that “Security Cameras in Use”.

43. If an alarm system is installed, it shall be compliant with Oxnard City Code 11-95 through 11-100. Motion detection burglary or intrusion alarm systems shall utilize “Dual Technology” sensors capable of differentiating between human movement and non-human movement.

44. All non-custody, non-violent crimes occurring in the business shall be reported to the Oxnard Police Department via its Internet based reporting system which can be found at oxnardpd.org. The business shall supply a full report including statements, circumstances, and any related photographic evidence.


45. The restrooms shall be equipped with an access controlled door locking system such as manual

or digital code entry door locks or an electronic locking mechanism.

46. Prior to issuance of a certificate of occupancy, the Applicant will contact the Police Department’s Compliance Specialist for review and inspection of installed cameras and alarm systems.

47. An Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures.

PLANNING DIVISION STANDARD CONDITIONS

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

49. Before the City issues building permits, Developer shall include a reproduction of all

conditions of this permit as adopted by resolution of the Planning Commission and/or the City Council in all sets of construction documents and specifications for the project. (PL, PL-3)

50. Before the City issues building permits, Developer shall provide to the Planning Division

Manager color photographic reductions (8 1/2” by 11”) of full-size colored elevations and any other colored exhibit approved by the Planning Commission. Developer may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)

51. Developer may not modify any use approved by this permit unless the Planning Division

Manager determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-7)

52. During the plan check review process, the Developer shall provide a lighting plan that provides

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

53. Prior to issuance of building permits, Developer shall demonstrate that light standards

illustrated on conceptual lighting plan do not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet.


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

55. In order to minimize light and glare on the project property, all parking lot and exterior

structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9)

56. During construction, Developer shall water the area to be graded or excavated prior to

commencement of grading or excavation operations. Such application of water shall be at least twice per day and shall penetrate sufficiently to minimize fugitive dust during grading activities. (B/DS, PL-11)

57. During construction, Developer shall control dust by the following activities:

a. All trucks hauling graded or excavated material offsite shall be required to cover their

loads as required by California Vehicle Code section 23114, with special attention to

sub sections 23114(b)(2)(F), (e)(2) and (e)(4) as amended, regarding the prevention of

such material spilling onto public streets and roads.

b. All graded and excavated material, exposed soils areas, and active portions of the

construction site, including unpaved onsite roadways, shall be treated to prevent

fugitive dust. Treatment shall include, but not necessarily be limited to, periodic

watering, application of environmentally-safe soil stabilization materials, and/or roll-

compaction as appropriate. Watering shall be done as often as necessary and

reclaimed water shall be used whenever possible. (B/DS, PL-12)

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

59. Developer agrees to participate in a water conservation program that includes refitting water

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

60. Because of water limitations placed upon the City by its water providers, approval of this

permit does not guarantee that the City will issue building permits. Issuance of building permits may be delayed as a result of implementation of a water conservation or allocation plan. (PL, PL-15)


61. Prior to issuance of building permits, Developer shall pay a document imaging fee for the

planning files in an amount calculated by planning staff at the time of building permit review based on fees then in effect. (PL/B, PL-16).

Commercial/Industrial

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

63. Developer shall install all roof and building drainpipes and downspouts inside building

elements. These items shall not be visible on any exterior building elevations. (PL, PL-42) 64. For any exterior utility meter panels, Developer shall provide screening (e.g. landscaping or

other building elements as approved by the Planning Manager) from public right-of-ways. (PL, PL-43)

65. Prior to issuance of a certificate of occupancy, Developer shall remove all construction

materials and vehicles from the subject property. (PL/B, PL-47) PLANNING DIVISION SPECIAL CONDITIONS 66. Prior to the issuance of building permits, the Developer shall complete a minor modification

permit to the Port Place Shoppes master sign program to add the new building and associated frontage to the program. The modified sign program shall be compliant with all City codes. The signage for the project will be approved as part of this minor modification. The sign program will address the relocation of the pylon sign on Ventura Road to occur at the Developers expense when the City takes possession of the dedicated area. (PL/ B)

67. These conditions of approval impose specific fees, dedications, reservations and/or other

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

68. Developer shall install toilets that have automatic flush sensors in all public restrooms. Such toilets shall be included on the plans submitted for a building permit and shall be maintained and in working order at all times. (PL)


69. Developer shall install individual mirrors above each sink in a public restroom to the satisfaction of the Planning Division Manager. The details of such mirrors shall be approved prior to issuance of a building permit. Developer shall remove graffiti from the mirrors or replace the mirrors within 24 hours of graffiti appearance. (PL)

70. Developer shall remove any and all graffiti from the project premises, including but not limited

to graffiti within the building, such as in restrooms or fitting rooms, within 24 hours of its appearance. The surface of such affected areas shall be matched to blend in with the underlying colors and/or design, and shall not look like a paint patch. (PL)

71. Before the City issues building permits, Developer shall provide a Graffiti Deterrent Plan,

subject to the approval the Planning Division Manager. Such plan shall include such elements as clear film on windows and/or mirrors, as well as washable paint and sealers on the building and perimeter walls. (PL)

72. Developer shall ensure that all construction equipment is maintained and tuned to

recommended manufacture’s specifications. (MND, C-1) 73. At all times during construction activities, Developer shall minimize the area disturbed by

clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. (MND, C-2)

74. During construction, Developer shall post and maintain onsite signs, in highly visible areas,

restricting all vehicular traffic to 15 miles per hour or less. (MND, C-5) 75. During periods of high winds (i.e. wind speed sufficient to cause fugitive dust to impact

adjacent properties), Developer shall cease all clearing, grading, earth moving, and excavation operations to prevent fugitive dust from being a nuisance or creating a hazard, either onsite or offsite. (MND, C-6)

76. The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations,

which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), Rule 55 (Fugitive Dust), and Rule 55.1 (Removal of Visible Roadway Accumulations). ((MND, C-7)

77. Developer shall mitigate air quality emissions associated with development of the subject site

through a contribution to the City’s Transportation Demand Management (TDM) program. Such fee shall be calculated at the time of building permit issuance in accordance with the Ventura County Air Quality Assessment Guidelines, as amended. Such fee shall be collected in full prior to building permit issuance. (MND, C-9)

78. Prior to grading permit approval, Developer shall include on the grading plans a reproduction

of all conditions of this permit pertaining to dust control requirements. (PL)

79. The Developer shall install permanent, fixed tables and chairs in the bio-retention planter. The tables and chairs will be manufactured or treated to be graffiti and etch resistant. The addition


of these features will not constitute usable space or require that this area be used in calculating parking requirements.

80. The Developer shall install permeable concrete paving in a portion of the drive-thru as shown

on the approved plans. This permeable concrete is to be properly maintained as necessary to ensure that permeability is retained for the life of the site.

ENVIRONMENTAL RESOURCES DIVISION 81. To ensure that solid waste generated by the project is diverted from the landfill and reduced,

reused or recycled, Developer shall complete and submit a “City of Oxnard C&D Environmental Resources Management & Recycling Plan” (“Plan”) to the City for review and approval. The Plan shall provide that at least 50% of the waste generated on the project be diverted from the landfill. The Plan shall include the entire project area, even if tenants are pursuing or will pursue independent programs. The Plan shall be submitted to and approved by the Environmental Resources Division prior to issuance of a building permit. The Plan shall include the following information: material type to be recycled, reused, salvaged or disposed; estimated quantities to be processed; management method used; destination of material including the hauler name and facility location. Developer shall use the Plan form.

82. Developer shall follow the approved “City of Oxnard C&D Environmental Resources

Management & Recycling Plan” and provide for the collection, recycling, and/or reuse of materials (i.e., concrete, wood, metal, cardboard, green waste, etc.) and document results during construction and/or demolition of the proposed project. After completion of demolition and/or construction, Developer shall complete and submit the “City of Oxnard C&D Environmental Resources Management & Recycling Report for Work Completed” (“Work Completed Report”) and provide legible copies of weight tickets, receipts, or invoices for materials sent to disposal or reuse/recycling facilities. For other discarded or salvaged materials, Developer shall provide documentation, on the disposal facility’s letterhead, identifying where the materials were taken, type of materials, and tons or cubic yards disposed, recycled or reused, and the project generating the discarded materials. Developer shall submit and obtain approval of the Work Completed Report prior to issuance of a certificate of occupancy.

83. Developer shall arrange for materials collection during construction, demolition, and

occupancy with the City's Environmental Resources Division or Developer shall arrange for self-hauling. Regardless of hauling methods, all materials collected must be conveyed to the Del Norte Regional Recycling and Transfer Station.

84. Developer shall make provisions to divert at least 50% of the waste material generated during

occupancy through source reduction, recycling, reuse, and green waste programs. Developer shall complete and submit a “City of Oxnard C&D Environmental Resources Management & Recycling Occupancy Plan” (“Occupancy Plan”) to the City’s Environmental Resources Division. An Occupancy Plan must be submitted and approved prior to issuance of a certificate of occupancy. An Occupancy Plan must be submitted and approved prior to issuance


of a certificate of occupancy. A “City of Oxnard C&D Environmental Resources Management and Recycling Occupancy Report” shall be submitted to the Environmental Resources Division annually for approval on the anniversary date of the certificate of occupancy or at any such time that the facility’s operational functions change significantly.

85. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and

solid waste systems in a manner approved by the City Engineer. DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS 86. Developer shall pay plan check and processing fees in effect at the time of construction plan

submittal and shall pay development fees, encroachment permit fees, and other applicable fees in effect at permit issuance. (DS-1)

87. Developer’s Engineer shall design parking lot structural sections based on an analysis of the

soils R-value and a traffic index (T.I.) approved by the City Engineer. The minimum structural section for parking lots is two inches of asphalt on four inches of base material. Developer shall indicate the proposed structural section and design T.I. on the site improvement plans. (DS-2)

88. Developer shall have the site improvement plans prepared using standard Development

Services Division format(s) by a civil engineer licensed in the State of California. The plans shall incorporate recommendations from soil engineering and geology reports. Prior to issuance of a grading permit, improvement plans must be approved by the City Engineer and ink-on-mylar plans filed with the Development Services Division. (DS-3)

89. Developer shall submit improvement plans and drainage calculations demonstrating that storm

drain runoff from the project property and all upstream areas will be safely conveyed to an approved drainage facility. The design and conveyance route shall be compatible with the City’s Master Plan of Drainage and shall be approved by the City Engineer prior to approval of improvement plans. (DS-4)

90. Developer shall protect building pads from inundation during a 1% chance (100-year) storm.

(DS-5) 91. Developer shall replace all broken, uplifted, or missing curb, gutter, or sidewalk along the

street frontage(s) of the project. (DS-6) 92. Before connecting the project to existing sewer and water service laterals, Developer shall

inspect (pothole or video) existing lateral(s) and arrange for City staff to view inspection results. Developer shall make repairs to such facilities as determined necessary by City staff. Developer shall bring all existing water services into compliance with current City standards including removal of unused water or sewer laterals by disconnection at the main. (DS-7)

93. Developer’s site improvement plans shall include an on-site sewer plan. (DS-10)


94. Developer shall provide fire hydrants such that all points of all structures are within one

hundred fifty (150) feet of a fire hydrant, or as otherwise approved by the Fire Department. Fire hydrant line improvements shall be designed in accordance with City standards and shown on the civil site improvement plans prior to issuance of a site improvement/grading permit. Developer shall provide the City with an easement over onsite waterlines using standard City format. (DS-11)

95. A California licensed civil engineer shall prepare the public improvement plans and documents

for this project in accordance with City standards and shall submit all such plans to the City Engineer. Submittal shall include, but not necessarily be limited to, grading, street, drainage, sewer, water and other appurtenant improvement plans, construction cost estimates, soils reports, and all pertinent engineering design calculations. City will not approve a parcel map or final map nor issue a grading, site improvement or building permit until the City Engineer has approved all improvement plans. (DS-15)

96. Prior to issuance of a site improvement permit, Developer shall provide to the Development

Services Division a compact Disc (CD) containing digital copies of all project maps, address map, and/or civil improvements drawings in DWG format. Prior to improvement bond release, Developer shall provide an updated CD containing all changes that occur during construction. (DS-16)

97. The conditions of this resolution shall prevail over all omissions, conflicting notations,

specifications, dimensions, typical sections, and the like, that may or may not be shown on the improvement plans. (DS-21)

98. Developer shall pay the cost of all inspections of on-site and off-site improvements. (DS-22) 99. Developer shall be responsible for all project-related actions of Developer's employees,

contractors, subcontractors, and agents until City accepts the improvements. (DS-23) 100. Prior to beginning construction, Developer shall designate in writing an authorized agent who

shall have complete authority to represent and to act for Developer. The authorized agent shall be present at the work site whenever work is in progress. Developer or the authorized agent shall make arrangements acceptable to City for any emergency work. When City gives orders to the authorized agent to do work required for the convenience and safety of the general public because of inclement weather or any other cause, and the orders are not immediately acted upon by the authorized agent, City may do or have such work done by others at Developer's expense. (DS-24)

101. "Standard Specifications for Public Works Construction" latest edition (including

modifications thereto by City) and applicable City Standard Plates and Design Criteria shall be the project specifications, except as noted otherwise on the approved improvement plans. City reserves the right to upgrade, add to, or revise these specifications and plans and all other City ordinances, policies, and standards. If the improvements required of this project are not


completed within 12 months from the date of City’s approval of the improvement plans, Developer shall comply with and conform to any and all upgraded, additional or revised specifications, plans, ordinances, policies and standards. (DS-27)

102. Developer shall retain a California licensed Civil Engineer to ensure that the construction work

conforms to the approved improvement plans and specifications and to provide certified "as-built" plans after project completion. Developer’s submittal of certified "as-built" plans is a condition of City’s final acceptance of the project and release of any associated security. (DS-29)

103. All grading shall conform to City's standard grading notes, City Code, and recommendations of

Developer’s soils engineer as approved by the City Engineer. (DS-30) 104. Developer shall construct sufficient drainage facilities concurrent with rough grading

operations to mitigate any potential flooding or erosion affecting adjacent properties and public rights-of-way. (DS-31)

105. Developer shall design all slopes steeper than 5 (horizontal) to 1 (vertical) with a minimum 18

inch wide level area (at both top and bottom of slope) where it adjoins a wall, fence, sidewalk, trail, curb or similar improvement. (DS-32)

106. Developer shall dispose of sewage and solid waste from the project by City’s wastewater and

solid waste systems in a manner approved by the City Engineer. (DS-38) 107. Developer shall install water mains, fire hydrants and water services in conformance with City

standard plates, design criteria and specifications as directed by the City Engineer. (DS-41) 108. Developer shall install City approved backflow prevention devices for water connections if so

ordered by the City Engineer. (DS-45) 109. Prior to designing the water system for the project, Developer shall have a certified fire flow

test performed to determine existing water pressure and flow characteristics. The water system shall be designed to allow for a 10 psi drop in the static water pressure measured during the fire flow test. After construction and before City issues a certificate of occupancy, the City Engineer may require a second test. Developer shall obtain permits from the City Engineer prior to performing tests. Developer shall have all tests certified by a mechanical, civil, or fire protection engineer and provide written results of all tests to the City Engineer. (DS-47)

110. Developer shall submit a landscape irrigation plan prepared by a licensed professional,

showing proper water meter size, backflow prevention devices, and cross-connection control. (DS-59)

111. Developer shall be responsible for and bear the cost of replacement of all existing survey

monumentation (e.g., property corners) disturbed or destroyed during construction, and shall file appropriate records with the Ventura County Surveyor's Office. (DS-64)


112. Developer shall provide adequate vehicle sight distance as specified by CalTrans specifications

at all driveways and intersections. (TR-71) 113. Developer shall install bike racks in accordance with City standards at locations approved by

City Traffic Engineer. (TR-73) 114. Developer shall construct double-bin trash enclosures (one bin for recycle use) with a solid

non-combustible roof (8-foot minimum clearance) that prevents stormwater from entering the refuse bins. Developer shall provide a traffic rated drainage inlet within the enclosure to catch all enclosure wash water. This drain shall connect to the sanitary sewer system via a grease interceptor. Developer shall construct all other components of the trash enclosure in accordance with the approved City Standard Plan on file with the Development Services Division. Developer shall finish the trash enclosure to match the major design elements of the main structure subject to approval by the Planning Division. The location and configuration of the enclosure shall be approved by the Environmental Resources Division. All site refuse bins shall be stored in an approved enclosure. No objects other than refuse bins may be stored in the enclosure without the written permission of the Environmental Resources Division. (DS-80)

115. Developer’s stormwater quality calculations shall include site specific analysis and

recommendations from a geotechnical engineer, and if applicable, a landscape architect for design and implementation of stormwater treatment and infiltration devices. Geotechnical Engineering analysis and recommendations shall include, but not necessarily be limited to, determination of site specific soil infiltration rates, depth to permeable soil layers, methods to reach permeable soil layers, appropriate compaction rates, recommendations to enhance infiltration, and other requirements of the 2011 TGM. Landscape architectural recommendations shall include, but not necessarily be limited to, suggestions regarding appropriate vegetation and soil amendments for vegetated infiltration devices. Project plans shall implement approved design recommendations. (DS-81)

116. Using forms provided by the Development Services Division, Developer shall submit a

stormwater quality control measures maintenance and operations plan ("the Plan") for this project. If the BMPs implemented with this project include proprietary products that require regular replacement and/or cleaning, Developer shall provide proof of a contract with an entity qualified to provide such periodic maintenance. The property owner is responsible for the long-term maintenance and operation of all BMPs included in the project design. Upon request by City, property owner shall provide written proof of ongoing BMP maintenance operations. No grading or building permit shall be issued until the Development Services Manager approves the Plan and Developer provides an executed copy of the City’s stormwater covenant with the Plan included as an exhibit for recordation by the City. (DS-82)

117. Developer’s stormwater quality control measures maintenance and operations plan shall

include: 1) Requirement to clean on-site storm drains at least twice a year; once immediately before the first of October (the beginning of the rainy season) and once in January. The City Engineer may require additional cleaning; 2) Requirement to maintain parking lots free of litter


and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent the accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system. Developer may not discharge any cleaning agent into the storm drain system; 3) Requirement to label all on-site storm drain inlets with the message "Don't Dump - Drains to Ocean" in accordance with City standards. (DS-83)

118. Developer’s engineer shall submit written confirmation that the project landscape drawings

comply with the landscape requirements of the Technical Guidance Manual for Stormwater Quality Control Measures for all landscape based stormwater quality best management practices. (DS-84)

119. Developer shall provide pre-treatment for all infiltration based stormwater quality Best

Management Practices (“BMPs”.) Pre-treatment devices must effectively reduce sediment load entering infiltration BMPs to minimize occlusion of underlying soils and reduce long term maintenance requirements and thereby maintain the infiltration capacity of the BMP. 2011 TGM compliant pre-treatment such as vegetated swales are an approved form of pre-treatment. Proprietary pre-treatment devices must be capable of removing 80% of 50 micron particles to be considered adequate pre-treatment. Typical catch basin inserts do not provide the sufficient sediment storage to provide pre-treatment. (DS-85)

120. Prior to issuance of a grading, building or demolition permit and prior to commencement of

any clearing, grading or excavation, Developer shall prepare a Local Stormwater Pollution Prevention Plan (“Local SWPPP”.) The Local SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide MS4 Permit. The Local SWPPP shall be approved by the City Engineer prior to issuance of a site improvement/grading permit. Developer shall keep the Local SWPPP updated to reflect current site conditions and a copy of the Local SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-87)

121. Developer shall construct proposed walkways that cross vehicular drive aisles of colored

enhanced concrete. The concrete color shall contrast with the parking lot paving material to clearly identify pedestrian areas. (DS-101)

122. Prior to issuance of a site improvement permit, Developer shall provide evidence of the

recordation of a reciprocal access and drainage agreement with the adjacent property owner. (DS-104)

123. Developer shall pay to the County of Ventura a road mitigation fee in accordance with the

agreement between the City and the County of Ventura. Proof of payment shall be provided to the Development Services Division prior to issuance of a building permit. (DS-105)

DEVELOPMENT SERVICES SPECIAL CONDITIONS:


124. Prior to issuance of a grading/site improvement permit, Developer shall dedicate to the City ten (10) feet of right-of-way along the Ventura Road frontage of the project for future roadway widening. Developer is not required to construct the roadway improvements associated with the future widening. Developer shall locate all new improvements (backflow devices, etc.) outside of this dedication area and shall remove all private improvements (not including landscaping, drainage, irrigation systems, and signage and bio swale) from the area of dedication concurrent with construction of this project. (DS)

125. This project meets the definition of “Redevelopment” as defined in the current MS4 permit and associated 2011 Technical Guidance Manual for Stormwater Quality Control Measures (“TGM”). Developer shall provide stormwater mitigations (including stormwater infiltration) as required by the MS4 permit. The area of alteration shall be evaluated in the project’s stormwater quality report based on requirements of the MS4 permit and existing improvements as indicated on City Drawing number 16-07A. The final report is subject to approval of the Development Services Manager. (DS)

126. Developer proposes alterations to the existing stormwater quality best management practices implemented as a part of Planning & Zoning Permit 15-140-30. The new project best management practices must meet the mitigations required by the new area of disturbance as well as replace all best management practices altered by these new improvements. No required best management practices (existing or proposed) can be located within public right-of-way. The existing bio-swale is to remain until such time as the City takes possession of the dedication area. (DS)

127. Stormwater Quality best management practices proposed by Developer as a part of this project serve more than one lot. Developer shall provide proof of recordation of a document that holds all property owners subject to this permit equally responsible for implementation and perpetual maintenance of all proposed long-term post-construction BMPs within this project. (DS)

128. The percolation tests for this project shall include implementation of the reduction factor specified in the “Guidelines for Design, Investigation, and reporting for Low Impact Development Stormwater Infiltration” published in the Administrative Manual of the County of Los Angeles Department of Public Works. This reduction factor is in addition to the safety factor specified in the Technical Guidance Manual (“TGM”). (DS)

129. Developer’s geotechnical engineer shall perform percolation tests on the exposed bottom of all infiltration facilities immediately prior to facility construction and provide the City with a written opinion that the exposed soil layer is suitable for the proposed infiltration facility based on review of the existing geotechnical reports, percolation tests, infiltration facility design, and characteristics of the exposed soil layer. The report shall be reviewed and approved by the project civil engineer. (DS)

130. Developer’s engineer shall provide City with written confirmation that they have reviewed the landscape construction drawings within the Bio-Retention planters (or other landscape based BMPs) and that the proposed landscaping conforms to TGM standards for such devices. (DS)


131. Developer shall provide a 6” minimum vertical drop between the flow line of the parking lot concrete gutter and the flow line of the grass swale filter at each location where stormwater enters the filter swale. The transition between gutter flow line and swale flow line shall be constructed similar to a concrete ribbon gutter. (DS)

132. Developer shall design the concrete ribbon gutter along the front of the trash enclosure that provides a smooth transition that will accommodate easy maneuvering of full trash bins. (DS)

133. Developer shall furnish and install a bus shelter, bus bench, trash receptacle, bus stop sign, and bicycle rack along the Ventura Road frontage of the project. Specifications for all equipment shall comply with City of Oxnard standards. Final configuration and location of the bus stop improvements to be approved by the City Traffic Engineer. (TR)

134. Developer shall re-stripe the Ventura Road shoulder to accommodate the new bus stop installation as directed by the City Traffic Engineer. (TR)

135. Developer shall install appropriate onsite signage and pavement markings at the pedestrian crossing of the drive-thru lane. (TR)

136. Developer shall install direction signage and pavement markings to indicate circulation of drive-thru lane. (TR)

137. Developer shall install lighting along the drive-thru lane sufficient to meet City standards for parking lots. (TR)

[Signatures on following page]


PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 17th day of May, 2018.

Vincent Stewart, Chair

I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 17th day of May, 2018, and carried by the following vote: AYES: Commissioner(s): NOES: Commissioner(s): ABSENT: Commissioner(s): ABSTAIN: Commissioner(s):

Kathleen Mallory, Secretary

17-500-10 PC Staff Report - Granicus

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