TYPE OF ITEM LI Approved Recommendation Info/Consent LI Ord. No(s). ACTION. LI Other

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1 CITY OF Meeting Date ACTION TYPE OF ITEM LI Approved Recommendation Info/Consent LI Ord. No(s). Report LI Res. No(s). J Public Hearing LI Other J Other Prepared By: Kathleen Mall ICP LEED Green Associate Contra<: ~ja enda Item No. :J Z ~~~~~~~~~""'-'~==::=;_.=;;::;.===~~._, Ci Attome ~ Finance DATE: October 6, 2015 TO: FROM: SUBJECT: City Council Ashley Golden, Development Services Director 1'J/1U--- Development Services Department )P Planning and Zoning Permit No (Special Use Permit - Planned Residential Group); PZ (Zoning Text Amendment); PZ (Zone Change); and Mitigated Negative Declaration (MND) for the Construction of a 70-Unit Senior Living and Memory Care Facility (Coastal Senior/Assisted Living). The Project Site is Located at 2300 E. Pleasant Valley Road (APN ) and Bounded by Pleasant Valley Road to the north; Single Family Residential to the east; a Mobile Home Park to the south; and a 101-unit Apartment Project Proposed by the Same Applicant to the west. Filed by Vince Daly of Dansk Investments, 6591 Collins, Ste. Ell, Moorpark, California RECOMMENDATION That City Council: 1. Adopt an ordinance approving Planning and Zoning Permit No (Zone Change) from Community Reserve (CR) to Multiple-Family Residential Planned Development (R-2-PD), subject to certain findings and conditions. 2. Adopt an ordinance approving Planning and Zoning Permit No (Zoning Text Amendment), subject to certain findings and conditions. 3. Adopt a resolution upholding the decision of the Planning Commission approving Planning and Zoning Permit No (Special Use Permit - Planned Residential Group) and Mitigated Negative Declaration No , subject to certain findings and conditions. DISCUSSION On September 3, 2015, the Planning Commission held a public hearing and received comments regarding the proposed Project to develop a two-story, 70-unit, 51,589 square foot senior living and memory.care residential building and site improvements and amenities on a 1.05 acre site (2300 E. Pleasant Valley Road - APN ).

2 PZ (SUP/PRG); (ZTA), (ZC) October 6, 2015 Page2 The proposed project has been reviewed for consistency with the Oxnard City Code (OCC) for development of attached dwellings in the R-2 Multiple Family zone. The proposed ZTA and SUP/PRG allows flexibility in the density, building height, minimum dwelling size, balcony, storage, and parking of the underlying zone to accommodate the proposed type of senior/assisted living residential use. Analysis tables of consistency with the 2030 General Plan and conformance with the OCC Zoning Development Standards are provided in the Planning Commission staff report (Attachment 1 ). With approval of the ZTA and SUP/PRG, the project complies with the OCC Zoning Development Standards. The Planning Commission considered Staff's recommendation along with oral and written comments by persons who attended the meeting. The Commission's discussion, comments and concerns centered on traffic concerns. The public expressed concern regarding potential traffic and traffic impacts on Pleasant Valley and Etting Roads as a result of the project. After the close of the public hearing and Planning Commission deliberation, the Planning Commission voted (6-0; Commissioner Frank was absent) to adopted Resolution Nos , , and recommending City Council approval of the Zone Change and ZTA and approving the Special Use Permit, Planned Residential Group Permit and Mitigated Negative Declaration. The SUP/PRG and MND are being appealed to the City Council in order to allow the City Council to consider the entitlement permits as one integrated project. The City initiated Zone Change from Community Reserve (CR) to Multiple Family Zone (R-2-PD) will bring the property into compliance with the 2030 General Plan designation of Residential Low Medium (RLM). A ZTA is proposed to add "Senior and/or Senior Assisted Living Commercial Residential Facility" to the Oxnard City Code. In accordance with Section of the California Environmental Quality Act (CEQA) Guidelines, the City of Oxnard prepared Mitigated Negative Declaration (MND) No to analyze the potential environmental effects of the project and the adjacent proposed "Coastal" Apartment Homes project. The MND identified mitigation measures for six areas of potential concern which included: a) Air Quality - short term air quality impacts associated with construction; b) Cultural Resources - tree protection for historic trees onsite and off site within the immediate proximity; c) Geology/Soils - implement recommendations in the Geotechnical Engineering Study; d) Hydrology/Water Quality - water supply and conservation; e) Noise - impacts from traffic and construction; and f) Transportation - circulation mitigations. The proposed mitigations would ensure that any impacts associated with the proposed project would be less than significant. No significant adverse effects are expected to result from the proposed project.

3 PZ (SUP/PRG); (ZTA), (ZC) October 6, 2015 Page 3 FINANCIAL IMPACT The base property tax assessment at the time of purchase of the property in 2014 was $2.8 Million for both the apartment and senior projects sites. If the project is approved, the base property tax for the senior project will be based upon an appraised value of approximately $11.2 Million. The project will be subject to payment of applicable development and impact fees and development will contribute to future property tax revenues. Attachment #1 - Planning Commission Staff Report (September 3, 2015) #2 - PowerPoint Presentation (Hearing of September 3, 2015) #3 - Planning Commission Resolutions No , 22, and 23 (Draft not yet signed) #4 -Proposed Resolution for PZ (SUP-PRG) and MND #5 -Proposed Ordinance for PZ (ZTA) #6 - Proposed Ordinance for PZ (ZC) Note: Attachment# 1 has been provided to City Council under separate cover. Copies for review are available at the Help Desk in the Library after 6:00 p.m. on Thursday prior to the Council meeting and in the City Clerk's Office after 8:00 a.m. on Friday prior to the Council meeting.

4 9/24/2015 Coastal Senior/ Assisted Living 2300 E. Pleasant Valley Road Aerial and Vicinity: PZ No SUP- PRG PZ No Zoning Text Amendment PZ No Zone Change MND No Public Hearing Planning Commission, Site Photographs Site Photographs Project Description: Coastal Senior Assisted Living Project PZ I (Special Use Permit - Planned Residential Group): 51,589 sf, 70-unit Senior/Assisted Living residential building, PZ I (Zoning Text Amendment) to add "Senior and/or Senior Assisted Living Residential Facility" to Oxnard City Code, and PZ (Zone Change) CR to R-2-PD; City-initiated for compliance with the 2030 GP. Project Development Summary: Coastal Senior/Assisted Living Develop 1.05 acre site with 2-Story, 70-unit Senior/Assisted Living Residential Bldg w/ 53 senior living units (43 studio & I 0 one-bdrm) w/kitchenettes, & 17 memory care rooms. Commercial kitchen; common dining rooms, lounge, bar and lobby; movie room; gym; craft & game rooms, doctor's office; salon; offices for manager, reception, sales. 6 1

5 9/24/2015 General Plan: Res. Low Med. (RLM) designation allows up to 12 dwelling units/acre (75 units). Applicant requestin~ 101 units with 15 low income. 7 8 Overall Project Context: Coastal Apartment Homes I North I 10 Coastal Senior/Assisted Living Site Plan: 11 Coastal Apartment Homes 12 Coastal Senior/Assisted Living 2

6 9/24/2015 Floor Plan: Project Elevations: 13 Coastal Senior/Assisted Living 14 Coastal Senior/Assisted Living Development Code Consistency: Zone change C-R to R-2-PD (City initiated to comply with GP). Zoning Text Amendment: add "Senior and/or Senior Assisted Living Commercial Residential Facility" to various relevant sections of the Oxnard City Code. ZTA allows flexibility in dev. standards for new use as PRG through SUP. 15 Proposed ZT A: To address increased need for senior /assisted housing. Use includes both assisted living and memory care units within the same facility. Non medical residential care - limited medical support. Includes non typical community or assisted care living uses. Requires PRG/SUP permit in R2*, CO*, CBD,& BRP zones. (*and related zones) 16 Zoning Code Consistency: Through approval of the ZT A with this project variations to specific development standards for the project would be permitted: Increase Building Height (2 stories to 3 stories) Increase Unit Count per bldg (from max 6 du/bldg) Decrease Min. Dwelling Unit size Reduce Parking Requirement Eliminate requirement for Storage Areas Eliminate requirement for 2"d Story Balcony Project is consistent w/ all other dev. standards. Environmental: MND No prepared for Coastal Apartment Homes and Coastal Senior/Assisted Living. Public Review June 4 to 24, 2015; Comment letters did not change environmental analysis or conclusion. No substantial evidence that the proposed project would have a significant effect on the environment; an MND may be adopted Attachment. Page ~- of q=

7 9/24/2015 MND Public Review (20 days) 5 Comment letters from public & agencies Comment Themes: Additional mitigations to protect trees, cultural resources, bird species and monarch butterfly habitat. Mitigations measures added and clarified to address concerns. No further agency comment received. Comments did not change environmental analysis or conclusion. Response to MND: Two conditions added - biological resources (Bird/Raptor; and Monarch Butterfly) Eucy. Tree Grove - Goal is preservation of existing 14 on site trees; five trees located off site. Measures in place to address pruning, and removal if ultimately needed. Oxnard Cultural (County) Heritage board staff in support of revised mitigation measures; no objection Recommendations: Adopt Resolution recommending City Council adopt Ordinance approving PZ for Zone Change End Slide Show Adopt Resolution recommending City Council adopt Ordinance approving PZ for a Zoning Text Amendment Adopt Resolution approving of PZ for Special Use Permit - Planned Res Group and MND Roadway Improvements: General Plan Consistency: RLM designation allows up to 12 dwelling units/acre (13 units). ZTA allows flexibility in development standards of zone to accommodate proposed senior/assisted living use Site surrounded by urban dev., w/ existing utilities in Pleasant Valley Rd Enhances neighborhood diversity by developing Senior/Assisted Housing in aesthetic design. 23 Coastal Apartment Homes 24 4

8 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD ADOPTING A RESOLUTION APPROVING PLANNING AND ZONING PERMIT NO (SPECIAL USE PERMIT - PLANNED RESIDENTIAL GROUP) TO ALLOW THE CONSTRUCTION OF A 70-UNIT SENIOR ASSISTED LIVING AND MEMORY CARE RESIDENTIAL BUILDING ON A 1.05 PARCEL LOCATED ON PLEASANT VALLEY ROAD, APN , SUBJECT TO CERTAIN FINDINGS AND CONDITIONS; AND ADOPTING MITIGATED NEGATIVE DECLARATION NO FOR THE COASTAL SENIOR/ASSISTED LIVING PROJECT AND COASTAL APARTMENT HOMES PROJECT AND IMPOSE MITIGATION MEASURES IDENTIFIED WITHIN SAID MITIGATED NEGATIVE DECLARATION ON THE PARCELS KNOWN AS APN: AND BASED UPON THE PROJECT DESCRIPTION EVALUATED WITHIN IS/MND NO FILED BY VINCE DALY OF DANSK INVESTMENTS, 6591 COLLINS, STE. Ell, MOORPARK, CALIFORNIA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer") submitted a request to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (APN ); and WHEREAS, on, 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 Nos (Special Use Permit - Planned Residential Group), (Zoning Text Amendment), and ~02 (Zone Change) to allow the construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (the "Project") in accordance with the Oxnard City Code; and WHEREAS, the Project site is identified in the Housing Element Supplement Part II as an All-Affordable Housing Opportunity Program (AAHOP) site and if a developer decides to participate in the AAHOP it is required to make all housing units affordable to extremely low-, very low-, or low-income households; and WHEREAS, at this time the Applicant is not seeking to develop the Project site under the AAHOP due to the fact that the City has initiated a contract to update the Housing Element in order to reevaluate existing policies and new and existing AAHOP affordable housing sites; and WHEREAS, the Project site will most likely not be identified as an AAHOP affordable housing site within the updated Housing Element; and WHEREAS, due to the fact that the City is in the process of updating its Housing Element and the Project site will most likely not be identified as an AAHOP affordable housing site, the City is in support of the Project moving forward without Applicant's participation in the AAHOP; and Attachment_,..._,_."'"-~ Page I of 3? Q

9 Resolution No PZ (Coastal Senior/Assisted Living) Page 2 WHEREAS, the Planning and Environmental Services Division has determined that the proposed Project is subject to environmental review pursuant to Section of Title 14 of the California Code of Regulations; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City of Oxnard prepared Mitigated Negative Declaration (MND No ) to analyze the potential environmental effects of the Project and the adjacent proposed "Coastal" apartment project; and WHEREAS, the Planning Commission has found on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the Project will have a significant effect on the environment and that MND No reflects the independent judgment and analysis of the City; and WHEREAS, the Planning Commission adopted MND No for the project described therein, adopted a mitigation monitoring and reporting program for the project described in MND No , and imposed mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No ; and WHEREAS, the documents and other materials that constitute the record of proceedings upon which the decision to adopt the mitigated negative declaration is based is located in the Planning Division of the City of Oxnard, and the custodian of the record is the Planning Manager;and WHEREAS, the Project was referred to various public utility companies, City departments and the Development Advisory Committee for recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD: SECTION 1. The Planning Commission, in accordance with CEQA, reviewed the Mitigated Negative Declaration (MND No ) for potential environmental effects of the Project and the adjacent proposed "Coastal" apartment project, and finds on the basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the Project will have a significant effect on the environment and that MND No reflects the independent judgment and analysis of the City. As such, the Planning Commission hereby (i) adopts MND No for the project described therein; (ii) adopts a mitigation monitoring and reporting program for the project described within MND No ; and (iii) imposes mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No

10 Resolution No PZ (Coastal Senior/Assisted Living) Page 3 SECTION 2. 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 :residential use proposed is permitted within the zone and is in conformance with the general plan. The residential use is consistent with uses considered and permitted by the Multiple Family Residential Planned Development (R-2-PD) zone. The proposed Project is contingent upon City Council approval of PZ for a Zone Change from Community Reserve (CR) to Multiple-Family Residential Planned Development (R- 2-PD), and PZ for a Zone Text Amendment to add "Senior and/or Assisted Living Residential Facility" to the Oxnard City Code. The residential use is consistent with the 2030 General Plan since the proposed residential facility is consistent with the site's land use designation of Low Medium Density Residential (RLM). As discussed in Section 6b of the Planning Commission Staff Report, the proposed Project is also consistent with the development policies of the 2030 General Plan. (2) Through project design features and conditions, the :residential use will not adversely affect or be materially detrimental to adjacent uses, buildings or structures or to the public health, safety or general welfare. Construction activities, anticipated uses, and development design will be subject to standard construction requirements of the Building and Fire Codes. The environmental impacts of the Project were reviewed in the Mitigated Negative Declaration. With the imposition of mitigation measures as conditions of approval, there is no substantial evidence that the Project and foreseeable subsequent development will have a significant effect on the environment. Therefore, the proposed residential use is not expected to have any detrimental effect upon adjacent uses, buildings or structures or to the public health, safety or general welfare. (3) The site that is subject to the special use permit is adequately served by sufficient parking as demonstrated in the submitted parking study. The site that is subject to the special use permit is adequately served by sufficient parking as demonstrated in the submitted parking study as discussed in the Planning Commission Staff Report. (4) The site that is subject to the special use permit will be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate. The development is located along a major thoroughfare in the City and as described in Section 6f of the Planning Commission Staff Report, the Project will construct appropriate primary and emergency access driveways off of Pleasant Valley Road. As a result, the site has sufficient access to streets and highways that are adequate in

11 Resolution No PZ (Coastal Senior/ Assisted Living) Page4 size and after construction intersections considered in the review of the Project will operate at acceptable levels of service. (5) The applicant has demonstrated that the proposed population densities can be accommodated by existing and future public facilities, services and infrastructure such as sewerage, water, fire protection and storm drainage facilities. The Project is considered infill development that has been found to be consistent with anticipated development for this site. The Project will be served by existing water, sewer and wastewater facilities along Pleasant Valley Road. In accordance with the Storm water 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 3. Based on the findings set forth herein, the Planning Commission hereby approves Planning and Zoning Permit (PZ) (Special Use Permit - Planned Residential Group) for the proposed Project, subject to the attached conditions of approval and contingent upon City Council approval of PZ (Zone Change) and (Zoning Text Amendment). 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 of the Oxnard City Code. SECTION 5. The Secretary shall certify the adoption of this Resolution. CONDITIONS OF APPROVAL Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the Project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). DEPARTMENTS AND DIVISIONS CA City Attorney PL Planning Division DS Dev Services/Eng Dev/Inspectors TR Traffic Division -, Attachment ::;; ~-

12 Resolution No PZ (Coastal Senior/ Assisted Living) Page5 DEPARTMENTS AND DIVISIONS PD Police Department SC Source Control PK Landscape Design B FD CE Building Plan Checker Fire Department 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 12, 2015 (architectural plans), May 8, 2015 (Planting Plan) and February 2015 (engineered site plan), ("the plans") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a minor modification to the plans is approved by the Planning and Environmental Services Manager ("Planning Manager") or a major modification to the plans is approved by the Planning Commission. A minor modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. A major modification shall be required for substantial changes or increases in such items. (PL, G-2) 3. This permit shall automatically become null and void 36 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by the issuance of a grading, foundation, or building permit and the construction of substantial improvements. (PL, G-3) 4. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Development Services Manager allows Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4) 5. By commencing any activity related to the project or using any structure authorized by this permit, Developer accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5) 6. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-6) 7. 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

13 Resolution No PZ (Coastal Senior/Assisted Living) Page 6 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 and the Shared Parking Study prepared by ATE, September 22, (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 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.IDS, PK-2) 16. Priorto 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) 17. 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, P K-4) Attachment Page,.. -,-----

14 Resolution No PZ (Coastal Senior/Assisted Living) Page 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, P K-5) 19. At the time of planting, Developer shall provide at least 24-ince box size for all new trees planted on the subject property. All shrubs and vines planted under the subject permit by the Developer shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6) PARKWAY 20. Developer shall submit four sets of parkway landscape and irrigation plans with the first submittal of public improvement plans. The City shall approve median and parkway landscape and irrigation plans when the City approves public improvement plans. Before the City issues a building permit, the irrigation plans must be approved for proper meter size, backflow prevention device, and cross connection control by the Water Production Supervisor or designee. (DS/ PK, P K-14) 21. Before the City accepts parkways from Developer, the landscaping thereon must complete a plant establishment period of 90 days or such other time as specified in this permit. (PK/DS, PK-15) 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. (PK, P K-24) FIRE DEPARTMENT STANDARD CONDITIONS 25. Permittee shall construct all vehicle access driveways on the project property to be at least 26 feet wide. Permittee shall mark curbs adjacent to designated fire lanes in parking lots to prohibit stopping and parking in the fire lanes. Permittee shall mark all designated fire lanes in accordance with the California Vehicle Code. (FD/B, F-1)

15 Resolution No PZ (Coastal Senior/Assisted Living) Page8 26. 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) 27. Before the City issues building permits, Permittee 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) 28. At Permittee's expense, Permittee 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. Permittee shall obtain permits for the tests from the Engineering Division. Permittee shall send the results of the tests to the Fire Chief and the City Engineer. (FD/DS, F-4) 29. All structures on the project property shall conform to the minimum standards prescribed in Title 19 of the California Code of Regulations. (FD, F-5) 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, Permittee shall maintain paved surfaces capable of handling loads of 76,000 pounds which will provide access for fire fighting apparatus to all parts of the project property. (FD/DS, F-7) 32. Permittee shall identify all hydrants, standpipes and other fire protection equipment on the project property as required by the Fire Chief. (FD, F-8) 33. Permittee shall provide central station monitoring of the fire sprinkler system and all control valves. (FD, F-10) 34. Permittee 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) 35. Permittee shall install a carbon monoxide detector on each level of the residence in accordance with the manufacturer's specifications. The detector shall be hardwired with a battery backup. (FD, F-17) FIRE DEPARTMENT SPECIAL CONDITIONS 36. This project will require an automatic external defibrillator. 37. The turning radius of all project property driveways and turnaround areas used for emergency access shall be approved by the City Traffic Engineering Department. (FD/TR)

16 Resolution No PZ (Coastal Senior/Assisted Living) Page Developer shall install in each structure in the project an 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 by floor and allows the central station monitor to inform the Fire Department. (FD) 39. Areas designated by the Fire Marshal as Fire Lanes shall be identified by a red curb and signage per the California Department of Motor Vehicles. 40. Before the city issues a certificate of occupancy, the developer shall install a Knox key vault at a location to be determined by the Fire Department. 41. Gurney size elevators shall be required. PLANNING DIVISION STANDARD CONDITIONS 42. 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) 43. Any application for a minor modification to the project shall be accompanied by four copies of plans reflecting the requested modification, together with applicable processing fees. (PL, PL-2) 44. 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) 45. 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 fullsize colored elevations after the reductions are so provided. (PL, P L-4) 46. Developer acknowledges that because of population limitations placed on the City by the Air Quality Management Program, approval of this permit does not guarantee that the City will issue building permits. The City's issuance of building permits may be delayed as a result of implementation of an air quality plan. (PL, P L-5) 47. 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 and the Shared Parking Study prepared by A TE, September 22, (PL, PL-7)

17 Resolution No PZ (Coastal Senior/ Assisted Living) Page 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) 49. 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. (PL) 50. 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, P L-8) 51. 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) 52. Developer shall provide graphic site directories at principal access walkway points. (PL/B, PL-10) 53. Developer shall provide for dust control at all times during project property preparation and construction activities. (BIDS, P L-13) 54. 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, P L-14) 55. 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) 56. 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).

18 Resolution No PZ (Coastal Senior/Assisted Living) Page Developer shall install all roof and building rain gutters and downspouts to integrate as closely as possible with building design elements, including matching adjacent building colors as closely as possible. Developer shall submit a plan and scheme for approval by the Planning Division Manager prior to issuance of building permits. (PL, PL-18) 58. The project shall include architectural articulation on all four sides. Such articulation shall include, but not be limited to, window treatment; trim and a variety of finishes matching front facades; and balconies, porches, and trellises. Developer shall submit elevations depicting such articulation to the Planning Division for approval prior to issuance of building permits. (PL, PL-28) 59. Light standards illuminating interior walkways shall be no more than eight feet high. Light shall not intrude into private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet high. Light shall be directed away from dwelling units. (B, P L-3 0) 60. Developer shall pay Quimby Fees (fees for park acquisition and improvement) before issuance of building permits. The amount of the fee shall be calculated by the Planning Division, and verified by the Parks Division at the time of payment. (PK/B, PL-36) PLANNING DIVISION SPECIAL CONDITIONS 61. Developer shall provide masonry walls on street side yards and along project perimeter property lines. The measured inside wall height on the subject property shall be no taller than 6 feet or as stipulated by State Licensing requirements. In no instance shall the wall height measured on the project site exceed 7 feet. (PL/B, PL-31) 62. All parking spaces that encroach into a required walkway (9' x 17' parking stalls) shall provide a minimum 48" sidewalk with 3 foot landscaped planter (PL). 63. A minimum of 5% of the parking area shall be landscaped (PL). 64. This permit is granted subject to the City's approval of Zoning Text Amendment No and Zone Change No The City shall issue building permits only after such approvals and ordinance adoptions. (PL/DS) 65. Developer shall include in all rental agreements a prohibition against resident parking or storing a vehicle on the project site or within the shared parking on the adjacent site. (PL) 66. 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)

19 Resolution No PZ (Coastal Senior/Assisted Living) Page 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) 68. 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. (PL) 69. During construction, Developer shall post and maintain onsite signs, in highly visible areas, restricting all vehicular traffic to 15 miles per hour or less. (PL) 70. Developer shall comply with mitigation measures specified in MND attached here as the project Mitigation Monitoring and Reporting Program (MMRP) herein made conditions of project approval. (PL) 71. Nesting Bird and Raptor Survey. Before the City issues a grading or building permit(s), the Planning Division must verify that construction and grading is occurring outside the nesting season, or that nesting bird and raptor surveys have been conducted, and buffer requirements specified above are in place (if applicable). To avoid indirect construction impacts to nesting birds and raptors, consistent with Oxnard General Plan (Environmental Resource Policies) and the California Fish and Game Code and Migratory Bird Treaty Act, vegetation removal and initial ground disturbance must occur outside the bird and raptor breeding season, which is typically February 1 through August 31 (as early as January 1 for some raptors). If construction and ground disturbance must begin within this breeding season, then not more than one week before ground disturbance and/or vegetation removal commences, a nesting bird and raptor pre-construction survey must be conducted by a City-approved biologist (biologist) within the disturbance footprint plus a 300- foot buffer, as feasible. If the project is phased, a subsequent pre-construction nesting bird and raptor survey is required before each phase of construction within the project site and suitable habitat within 300 feet. If no raptor or other bird nests are observed no further mitigation is required. Pre-construction nesting bird and raptor surveys must be conducted during the time of day when bird species are active and be of sufficient duration to reliably conclude presence/absence of nesting birds and raptors within the 300 foot buffer. A report of the nesting bird and raptor survey results, if applicable, be submitted to the Planning Division for review and approval before issuance of grading or building permits (whichever occurs first). If active raptor or Migratory Bird Treaty Act protected bird nests are found within 300 feet of the project site, their locations must be flagged and mapped. A nesting raptor buffer must be 500 feet, consistent with California Department of Fish and Wildlife guidance. If the 500-foot buffer is infeasible, the biologist may reduce the buffer distance and/or monitor construction as appropriate, dependent upon the species and the proposed work activities. If any active nonraptor bird nests are found, a suitable buffer area (varying from feet), depending on the particular species found, shall be established by the biologist. No ground disturbance can occur within the buffer until the biologist confirms that the breeding/nesting is completed and

20 Resolution No PZ (Coastal Senior/ Assisted Living) Page 13 all the young have fledged. Alternately, the biologist may monitor the active nest full-time during construction activities within the buffer to ensure project activities are not indirectly impacting protected nesting birds and raptors. The Planning Division must verify compliance before issuance any grading or building perrnit(s) (whichever is first) and conduct periodic site inspections to ensure compliance throughout the construction period. 72. Overwintering Monarch Butterfly Surveys and Avoidance. Prior to issuance of a grading or building perrnit(s) (whichever occurs first), the Planning Division must verify that construction and grading is occurring outside the winter roosting season, or that monarch surveys have been conducted, and buffer requirements specified above are in place (if applicable). The biologist must prepare and submit a written report of the findings of the preconstruction survey to the Planning Division. To avoid impacts to protected overwintering butterfly roost consistent with the Oxnard General Plan (Environmental Resource Policies), if an active overwintering roost (defined as an aggregation of 10 or more butterflies, present in the same tree or area for one week or more) is present within 100 feet of the project site, all construction, grading, or noisegenerating work associated with this project must be seasonally timed to avoid noise- and human activity-related impacts to active overwintering roosts. If work must occur during the overwintering season (generally between October and March), before work, a City-approved biologist (biologist) must survey all habitat trees (e.g., eucalyptus) within 100 feet of the development envelope to determine use by monarchs. If eucalyptus trees within 100 feet of the development envelope are found to serve as monarch butterfly overwintering roost, indirect impacts must be minimized to the extent practicable. Construction and grading within 100 feet of an aggregation may be monitored by a biologist, and construction within 50 feet of an active overwintering roost must be delayed until the butterflies abandon the aggregation. With Planning Division approval, construction and grading may occur within 50 feet of aggregations under the direction of a biological monitor ensure project activities are not indirectly impacting protected aggregations. Surveys must be conducted in favorable conditions to identify any active overwintering roosts within 100 feet of the development envelope, at least seven days before construction activities commence. If active overwintering roosts are not observed, no further mitigation is required. If active overwintering roosts are detected, a temporary fence must be installed along the outer boundary of the buffer zone prior to and during any grading and construction activities on the site. The Planning Division must verify compliance prior to issuance of any grading or building perrnit(s) (whichever comes first) and conduct periodic site inspections to ensure compliance throughout the construction period. ENVIRONMENTAL RESOURCES DIVISION 73. 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

21 Resolution No PZ (Coastal Senior/ Assisted Living) Page 14 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. 74. 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. 75. 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 to an authorized facility. 76. 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. 77. Developer and operator shall install clearly labeled storage containers in the kitchenette base cabinet within each unit to facilitate separate disposal of recyclable and non-recyclable waste typically generated by guests. The location and specifications (size, materials, etc.) of such storage unit shall be shown on the construction document floor plans submitted to the City for building permits. Recycling guidelines shall be clearly posted on the door of the storage cabinet. The intent of this mitigation measure is to create a situation wherein recycling is as convenient for project guests as disposing of trash. 78. Developer and operator shall provide recycling containers near the point of use in common areas for residents to dispose of their recyclable waste (examples: indoors for newspapers and beverage containers; outdoors for beverage containers). Containers used exclusively for recycling shall be clearly identified as "recycling only" with clear icons or other graphics on each container appropriate to the container's content. 79. Management shall provide literature in each unit (including on the door of the storage cabinet) explaining the importance of recycling, what can be recycled, and providing suggestions for source reduction, as well as water and energy conservation. City contacts for waste reduction, water conservation, and energy savings shall be listed in the literature.

22 Resolution No PZ (Coastal Senior/Assisted Living) Page Management shall provide training to the housekeeping/janitorial staff (including visual aids for each housekeeping cart) for separating refuse into recyclable and disposable trash. 81. Management shall provide housekeeping/janitorial carts which accommodate separated recyclable and non-recyclable trash. Visual aids for each housekeeping cart shall include a general list of mixed recyclables accepted and the standard 3-arrow recycling symbol on the collection container. (P-11) DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS 82. 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) 83. 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) 84. 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) 85. 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) 86. Developer shall protect building pads from inundation during a 1 % chance (100-year) storm. (DS-5) 87. Developer shall replace all broken, uplifted, or missing curb, gutter, or sidewalk along the street frontage(s) of the project. (DS-6) 88. Each structure shall be served by separate sewer and water services in accordance with City Code. (DS-8) 89. Developer's site improvement plans shall include an on-site sewer plan. (DS-10)

23 Resolution No PZ (Coastal Senior/Assisted Living) Page 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) 91. Developer shall install on-site and off-site electric, cable, telephone and similar utility service laterals underground in accordance with City ordinances in effect at the time City issues a building permit. Services shall be installed underground to the nearest suitable riser pole as determined by the appropriate utility service provider. (DS-12) 92. Developer shall enter into an agreement, approved as to form by the City Attorney, to install and construct all public improvements required by this permit and by the City Code. Developer shall post security satisfactory to the Finance Director, guaranteeing the installation and construction of all required improvements within the time period specified in the agreement or any approved time extension. (DS-14) 93. 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) 94. 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) 95. Developer shall provide all necessary easements for streets, highways, alleys, sidewalks, parkways, landscaping, utilities, drainage facilities, or other improvements as required by City. If such easements cannot be obtained from the property owner by negotiation, City may acquire them at the expense of Developer by exercise of the power of eminent domain. Developer shall bear all costs of eminent domain proceedings, including appraisal, acquisition, attorney's fees, and court costs. Before City issues a site improvement permit, Developer shall dedicate all required easements to City. (DS-19) 96. Developer shall remove graffiti from the project, including graffiti on offsite public infrastructure under construction by Developer, within 24 hours of its appearance. If Developer fails to remove graffiti in accordance with this condition, the City may at the discretion of the Development Services Manager issue a stop work order until such time as the graffiti is removed. (DS-20)

24 Resolution No PZ (Coastal Senior/Assisted Living) Page The conditions of this resolution shall prevail over all on11ss10ns, 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. Prior to issuance of a grading/site improvement permit, developer shall obtain Development Services Director approval for any proposed construction phasing. The improvement plans (and associated phasing plans) shall clearly indicate any interim or off-site improvements required by City. (DS-28) 103. 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) 104. 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) 105. 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)

25 Resolution No PZ (Coastal Senior/Assisted Living) Page 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) 107. Storm drain, sewer and water facilities shall conform to applicable City Master Plans. Developer shall prepare plans for these facilities in accordance with City's engineering design criteria in effect at the time of improvement plan submittal. Developer shall submit plans with pertinent engineering analyses and design calculations for review and approval by the City Engineer prior to issuance of a site improvement permit. (DS-34) 108. Developer shall design project grading to convey stormwater to a street, alley, or approved drain so that there are no undrained depressions. (DS-35) 109. Prior to issuance of a site improvement permit, Developer shall provide to the City Engineer easements or written consent (as determined appropriate by the Development Services Director) from all affected landowners for any diversion of historical flows or change in drainage conditions caused by the project. (DS-36) 110. 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) 111. 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) 112. Prior to issuance of building permits, Developer shall present to the City Engineer a "Proof of Payment - Authorization for Building Permits" form issued by the Calleguas Municipal Water District. (DS-44) 113. Developer shall install City approved backflow prevention devices for water connections if so ordered by the City Engineer. (DS-45) 114. 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) 115. Street and road improvements shall conform to City standard plates, design criteria and policies. Improvements shall include upgrading of existing pavement along the project frontage to City standards by removing and replacing or overlaying, as directed by the City Engineer. (DS-51)

26 Resolution No PZ (Coastal Senior/Assisted Living) Page Developer shall improve all streets, alleys, sidewalks, curbs, and gutters adjacent to the project in accordance with City standards, as necessary to provide safe vertical and horizontal transitions. (DS-52) 117. Developer shall provide soils reports, "R" value tests, and compaction tests for all streets. Determination of the actual structural sections shall be based on City's design procedure, "R" value tests of in-place soils, and approved traffic indices. (DS-53) 118. Developer shall submit a street lighting plan as a part of the civil improvement plans. Developer shall install streetlights in accordance with the plan. (DS-60) 119. 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) 120. Developer shall construct a concrete apron along the length of the trash enclosure opening that extends a minimum of 15 feet from the face of the enclosure. (DS-69) 121. Developer shall provide adequate vehicle sight distance as specified by CalTrans specifications at all driveways and intersections. (TR-71) 122. Developer shall install bike racks in accordance with City standards at locations approved by City Traffic Engineer. (TR-73) 123. Prior to issuance of a building permit, all traffic signal, pavement marking and sign plans shall be prepared by a registered California traffic engineer and approved by the City Engineer prior to issuance of a grading, site improvement or a building permit. (TR-7 4) STORMWATER QUALITY CONDITIONS 124. Developer shall design project to minimize degradation of stormwater quality by complying with the applicable sections of the Los Angeles Regional Water Quality Control Board's municipal separate storm sewer system ("MS4") permit (Order R including all revisions) for new development and redevelopment projects. Developer shall submit stormwater quality calculations and associated construction plans demonstrating compliance with the MS4 permit. Calculations shall generally be organized to follow the steps outlined in Chapter 2 of the 2011 Technical Guidance Manual for Stormwater Control Measures ("2011 TGM"). (DS-78) 125. 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

27 Resolution No PZ (Coastal Senior/Assisted Living) Page 20 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) 126. 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) 127. 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) 128. 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) 129. 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 TGM compliant pre-treatment such as vegetated swales are an approved form of pretreatment. 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) 130. Prior to issuance of a grading, building or demolition permit and prior to commencement of any clearing, grading or excavation, Developer shall provide evidence of assignment of a permit identification number by the California State Water Resources Control Board

28 Resolution No PZ (Coastal Senior/Assisted Living) Page 21 indicating submittal of a Notice of Intent (NOI) by the Developer in accordance with the NPDES Construction General Permit. Developer shall comply with all requirements of the General Permit and the Ventura Countywide MS4 Permit, including preparation of a Stormwater Pollution Prevention Plan (SWPPP). Developer shall keep the SWPPP updated to reflect current site conditions and a copy of the SWPPP shall be kept onsite and available for City or designated representative to review upon request. (DS-86) DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS 131. 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) 132. 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) 133. Developer shall construct utility, pavement, and other improvements serving this project, but located on the adjacent lot (proposed Planning and Zoning Permit ), prior to issuance of a certificate of occupancy for this project. Construction plans for these offsite improvements shall be processed and permitted concurrent with the plans for this project. (DS) 134. Developer shall dedicate right-of-way along Pleasant Valley Road sufficient to encompass the proposed sidewalk along the property frontage. (DS) 135. Developer shall install a grease interceptor serving the proposed kitchen unless specifically waived by the City Wastewater Superintendent based on project specific conditions. (DS) 136. 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. If the project is required to install a grease interceptor for the kitchen facilities, 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) 137. Developer shall construct a minimum 7-foot wide sidewalk at all locations where the sidewalk is constructed adjacent to the front of parking spaces. (DS)

29 Resolution No PZ (Coastal Senior/Assisted Living) Page Developer shall design the onsite fire hydrant system as a public system without backflow devices. Developer shall dedicate to the City a waterline easement over this system. Final design to be approved by the Development Services Manager. (DS) 139. Developer shall connect the water meter and fire sprinkler connection for this project to the existing water main along the Pleasant Valley Road frontage of this property unless otherwise directed by the Development Services Manager. (DS) 140. Prior to the issuance of a site improvement permit, Developer shall provide evidence of recordation of a reciprocal access, surface drainage, and utility agreement between this property and the adjacent project subject to Planning and Zoning Permit (DS) 141. Prior to issuance of building permit, the Developer shall record a reciprocal access and maintenance agreement for shared access between the Project and the adjacent proposed Apartment site to verify project access from Pleasant Valley Road to the Senior/ Assisted Living facility. Developer shall also show access easements on the construction site plans and engineering plans. (TR) 142. Prior to issuance of building permit, the Developer shall record a reciprocal parking agreement between the Project and the adjacent proposed apartment facility to provide shared access and use of 35 shared parking spaces on the apartment property. (TR) 143. Developer shall provide proof of recordation of a document that holds the owners of this property and the adjacent property (subject to Planning and Zoning Permit ) jointly and severally responsible for implementation and perpetual maintenance of the long-term post-construction BMPs not located exclusively on the property served by the BMP. (DS) 144. 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 required safety factor Prior to the issuance of a site improvement permit, Developer shall provide evidence of recordation of a reciprocal access, parking, surface drainage, and utility agreement between this property and the adjacent project subject to Planning and Zoning Permit (DS/TR)

30 Resolution No PZ (Coastal Senior/Assisted Living) Page 23 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 20th day of August, Stephen Huber, 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 20th day of August, 2015, and carried by the following vote: A YES: NOES: ABSENT: ABSTAIN: Commissioner(s): Dozier, Mullin, Nash, Stewart, and Okada Commissioner(s): None Commissioner(s): Frank Commissioner(s): None Ashley Golden, Secretary

31 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNING AND ZONING PERMIT NO (ZONING TEXT AMENDMENT) TO AMEND SECTIONS DEFINITIONS, R-2 MULTIPLE-FAMILY ZONE, RELATED USES, C-0 COMMERCIAL OFFICE ZONE, RELATED USES, CBD, CENTRAL BUSINESS DISTRICT, CONDITIONALLY PERMITTED USES, BRP BUSINESS AND RESEARCH PARK ZONE, RELATED USES, BRP PROHIBITED USESAND ARTICLE V, DIVISION 11 PLANNED RESIDENTIAL GROUP OF THE OXNARD CITY CODE TO ADD A NEW "SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITY" USE DESIGNATION, SUBJECT TO CERTAIN FINDINGS. FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CALIFORNIA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer"), submitted a request to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (APN ); and WHEREAS, the City of Oxnard is initiating the zoning text amendment to amend Chapter 16 of the Oxnard City Code to accommodate construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (APN ) by adding a new "Senior and/or Senior Assisted Living Residential Facility" use designation; and WHEREAS, on, 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 Nos (Special Use Permit - Planned Residential Group), (Zoning Text Amendment), and (Zone Change) to allow the construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (the "Project") in accordance with the Oxnard City Code; and WHEREAS, the Planning Commission has determined that the proposed Zoning Text Amendment serves the public interest and general welfare by encouraging development of the "Senior and/or Senior Assisted Living Residential Facility" use with increased flexibility in the density, area, yards, open space, balcony, storage, height, recreation, parking and fencing requirements; and WHEREAS, the Planning Commission has determined that the proposed Zoning Text Amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies; and WHEREAS, the Planning and Environmental Services Division has determined that the proposed Project is subject to environmental review pursuant to Section of Title 14 of the California Code of Regulations; and

32 Resolution No PZ (Coastal Senior/ Assisted Living) Page2 WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City of Oxnard prepared Mitigated Negative Declaration (MND No ) to analyze the potential environmental effects of the Project and the adjacent proposed "Coastal" apartment project; and WHEREAS, the Planning Commission has found on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the Project will have a significant effect on the environment and that MND No reflects the independent judgment and analysis of the City; and WHEREAS, the Planning Commission adopted MND No for the project described therein, adopted a mitigation monitoring and reporting program for the project described in MND No , and imposed mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No 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 that the proposed Zoning Text Amendment to amend Chapter 16 of the Oxnard City Code to add the "Senior and/or Senior Assisted Living Residential Facility" use designation is in conformity with the City of Oxnard 2030 General Plan Goals and Policies for the reasons set forth below: CD-1.5: Housing Variety. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes the development of a variety of housing types throughout the City, specifically Senior and/or Assisted Living Housing. CD-1. 7: Compact Development. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes the use of development patterns that can be more compactly built and use space in an efficient aesthetic manner as part of the community vision. CD-3.3: Innovative Redevelopment. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes innovative design flexibility and possibly different residential densities through the use of alternative performance-oriented development standards. CD-3.6: Barrier-Free Housing and Reasonable Accommodation. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval Support development of barrier-free housing and

33 Resolution No PZ I (Coastal Senior/ Assisted Living) Page3 reasonable accommodation for people of all ages and supportive for those with disabilities. SECTION 2. Based on the findings set forth herein, the Planning Commission hereby recommends that the City Council adopt an ordinance approving Planning and Zoning Permit No (Zoning Text Amendment) to amend the Oxnard City Code to add the "Senior and/or Senior Assisted Living Residential Facility" use designation to the listed sections and regulations related to the aforementioned use as set forth in Exhibit A, attached hereto. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 20th day of Aug, Stephen Huber, 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 20th day of August, 2015, and carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioner(s): Dozier, Mullin, Nash, Stewart, and Okada Commissioner(s): None Commissioner(s): Frank Commissioner(s): None Ashley Golden, Secretary

34 Resolution No PZ I (Coastal Senior/ Assisted Living) Page4 EXHIBIT A PROPOSED ZONING TEXT AMENDMENTS Planning and Zoning Permit No (Zoning Text Amendment) contemplates the following amendments to Chapter 16 of the Oxnard City Code (OCC) to accommodate construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (APN ) by adding a new "Senior and/or Senior Assisted Living Residential Facility" use designation. (1) Add the following definition to Section (Definitions) of the OCC: "SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITY - A State-licensed residential facility with 7 or more residents that provides a range of community dining and/or recreation areas integrated with individual apartment units that may have individual cooking facilities; that provides at least one non-medical and/or medical support service to residents such as housekeeping, laundry, media room facility, library, hair care, recreation, and transportation services; that is restricted to qualifying residents or senior citizens as those terms are defined in Cal. Civil Code Section 51.11; that may include a secure area(s) for residents with limited memory or cognitive abilities and/or limited physical mobility; and that is subject to the regulations for Planned Residential Groups set forth in section of this code." (2) Add the following use to Section (R-2 Multiple-Family Zone, Related Uses) of the OCC: 1 "(M) Senior and/or Senior Assisted Living Residential Facility." (3) Add the following use to Section (C-0, Commercial Office Zone, Related Uses) of the occ 2 : "(L) Senior and/or Senior Assisted Living Residential Facility." (4) Add the following use to Section (CBD, Central Business District, Conditionally Permitted Uses) of the OCC: "(R) Senior and/or Senior Assisted Living Residential Facility." 1 Note: OCC (R-3 Related Uses) & OCC (R-4 Related Uses) allow R-2 related uses and therefore will not need to be amended to accommodate the Senior and/or Assisted Living Residential Facility use. 2 Note: OCC (C-2 Related Uses) allows C-0 related uses and therefore will not need to be amended to accommodate the new use.

35 Resolution No PZ (Coastal Senior/ Assisted living) Page5 (5) Add the following use to Section (BRP, Business and Research Park Zone, Related Uses) of the OCC: "(P) Senior and/or Senior Assisted Living Residential Facility." (6) Amend and replace Section (BRP, Prohibited Uses) of the OCC with the following: "(A) Residential uses other than caretakers and Senior and/or Senior Assisted Living Residential Facility;" (7) Add the following to Division 11 of Article V of the OCC: "SEC SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITIES. (A) A Senior and/or Senior Assisted Living Residential Facility may be approved as a planned residential group by issuance of a special use permit in accordance with sections to of this code. Notwithstanding the foregoing, the requirements of section shall not apply to a special use permit for a Senior and/or Senior Assisted Living Residential Facility. (B) In addition to the requirements of sections to , an applicant for a Senior and/or Senior Assisted Living Residential Facility shall evaluate parking, including resident, guest, employee and shuttle parking, through a parking study. The parking study shall be based on intended population level of assistance, project location and proximity to public transportation and services for senior citizens. The applicant shall prepare and submit the parking study for review and approval by the city traffic engineer. Once the city traffic engineer approves the traffic study, said study shall be submitted with any special use permit submitted pursuant to this section to the planning commission for review and approval. (C) The commission may grant a special use permit pursuant the requirements of this section and sections to of this code for a Senior and/or Senior Assisted Living Residential Facility planned residential group to permit departures from the development standards of the zone in which the use is located and to permit departures from the attached dwelling unit development standards when such action is in accordance with the basic principles and intent of this chapter and the commission finds and determines all of the following:

36 Resolution No PZ (Coastal Senior/Assisted Living) Page6 (1) The residential use proposed is permitted within the zone and is in conformance with the general plan; (2) Through project design features and conditions, the residential use will not adversely affect or be materially detrimental to adjacent uses, buildings or structures or to the public health, safety or general welfare; (3) The site that is subject to the special use permit is adequately served by sufficient parking as demonstrated in the submitted parking study; (4) The site that is subject to the special use permit will be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate; and (5) The applicant has demonstrated that the proposed population densities can be accommodated by existing and future public facilities, services and infrastructure such as sewerage, water, fire protection and storm drainage facilities."

37 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNING AND ZONING PERMIT NO (ZONE CHANGE) ON PARCELS LOCATED ON PLEASANT VALLEY ROAD AND ETTING ROAD, (APN: AND ). FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer"), submitted a request to allow construction of a 101-unit mixed income apartment community and on-site amenities on a 6.23 acre site (2250 E. Pleasant Valley Road - APN ) and to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (2300 E. Pleasant Valley Road - APN ); and WHEREAS, the City of Oxnard has initiated a zone change for the two above-referenced parcels (APN: and ) to bring the subject properties into compliance with the 2030 General Plan land use designation; and WHEREAS, on, 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 Nos (Special Use Permit - Planned Development Permit), (Density Bonus), and (Zone Change) to allow the construction of a 101-unit mixed income apartment community (the "Coastal Apartment Project") in accordance with the Oxnard City Code; and WHEREAS, on, 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 Nos (Special Use Permit - Planned Residential Group), (Zone Text Amendment), and (Zone Change) to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (the "Senior/Assisted Living Project") in accordance with the Oxnard City Code; and WHEREAS, the Etting Project site and Pleasant Valley Project site (collectively referred to as the "Project sites") are identified in the Housing Element Supplement Part II as All Affordable Housing Opportunity Program (AAHOP) sites and if a developer decides to participate in the AAHOP it is required to make all housing units affordable to extremely low-, very low-, or low-income households; and WHEREAS, at this time the Applicant is not seeking to develop the Project sites under the AAHOP due to the fact that the City has initiated a contract to update the Housing Element in order to reevaluate existing policies and new and existing AAHOP affordable housing sites; and WHEREAS, the Project sites will most likely not be identified as AAHOP affordable housing sites within the updated Housing Element; and

38 Resolution No PZ (Coastal Apartments and Senior Assisting Living Projects - Daly/Dansk) Page2 WHEREAS, due to the fact that the City is in the process of updating its Housing Element and the Project sites will most likely not be identified as AAHOP affordable housing sites, the City is in support of both the Projects moving forward without Applicant's participation in the AAHOP; and WHEREAS, the Planning and Environmental Services Division has determined that the proposed Projects are subject to environmental review pursuant to Section of Title 14 of the California Code of Regulations; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City of Oxnard prepared Mitigated Negative Declaration (MND No ) to analyze the potential environmental effects of the Project; and WHEREAS, the Planning Commission has found on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the Projects will have a significant effect on the environment and that MND No reflects the independent judgment and analysis of the City; and WHEREAS, the Planning Commission adopted MND No for the project described therein, adopted a mitigation monitoring and reporting program for the project described in MND No , and imposed mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No 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 that the proposed Zone Change to change the zone designation for the subject property (APN and -019) from Community Reserve (CR) to Multiple-Family Residential Planned Development (R-2-PD) is in conformity with the City of Oxnard 2030 General Plan since the Multiple-Family Residential Planned Development (R-2-PD) zoning designation is consistent with the City of Oxnard 2030 General Plan Land Use Designation of Residential Low Medium (RLM). SECTION 2. Based on the findings set forth herein, the Planning Commission hereby recommends that the City Council adopt an ordinance approving Planning and Zoning Permit No (Zone Change) to change the zone designation for the subject property (APN and -019) from Community Reserve (CR) to Multiple-Family Residential Planned Development (R-2-PD) to be consistent with the City of Oxnard 2030 General Plan Land Use Designation of Residential Low Medium (RLM) as set forth in Exhibit A, attached hereto.

39 Resolution No PZ (Coastal Apartments and Senior Assisting Living Projects Page3 Daly/Dansk) PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 20th day of August, Stephen Huber, 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 20th day of August, 2015, and carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioner(s): Dozier, Huber, Mullin, Nash, Stewart, and Okada Commissioner(s): None Commissioner(s): Frank Commissioner(s): None Ashley Golden, Secretary

40 Resolution No PZ (Coastal Apartments and Senior Assisting Living Projects - Da!y/Dansk) Page4 Exhibit A Zone Change Map

41 RESOLUTION NO. --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING PLANNING AND ZONING PERMIT NO (SPECIAL USE PERMIT - PLANNED RESIDENTIAL GROUP) TO ALLOW THE CONSTRUCTION OF A 70-UNIT SENIOR ASSISTED LIVING AND MEMORY CARE RESIDENTIAL BUILDING ON A 1.05 PARCEL LOCATED AT 2300 E. PLEASANT VALLEY ROAD, APN , SUBJECT TO CERTAIN FINDINGS AND CONDITIONS; AND ADOPTING MITIGATED NEGATIVE DECLARATION NO FOR THE COASTAL SENIOR/ASSISTED LIVING PROJECT AND COASTAL APARTMENT HOMES PROJECT AND IMPOSE MITIGATION MEASURES IDENTIFIED WITHIN SAID MITIGATED NEGATIVE DECLARATION ON THE PARCELS KNOWN AS APN: AND BASED UPON THE PROJECT DESCRIPTION EVALUATED WITHIN IS/MND NO FILED BY VINCE DALY OF DANSK INVESTMENTS, 6591 COLLINS, STE. El 1, MOORPARK, CALIFORNIA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer") submitted a request to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (2300 E. Pleasant Valley Road - APN ); and WHEREAS, on September 3, 2015, the Planning Commission of the City of Oxnard ("Planning Commission") conducted a duly noticed public hearing, received comments, considered Staffs recommendation along with oral and written presentation by persons who attended the meeting, and approved Planning and Zoning Permit No (Special Use Permit for a Planned Residential Group) to allow the construction of "Coastal" Senior/ Assisted Living, a 70-unit senior/assisted living residential facility (the "Project") in accordance with Oxnard City Code; and WHEREAS, on September 3, 2015, the Planning Commission adopted Mitigated Negative Declaration (MND No ) and imposed Mitigation Measures identified within said Mitigated Negative Declaration for of the Project and the adjacent proposed "Coastal" Apartment Homes project; and WHEREAS, Planning Commission approvals of Planning and Zoning Permit No (Special Use Permit for a Planned Residential Group) and Mitigated Negative Declaration (MND No ) are being appealed to the City Council in order to provide the Council with a sense of context and comprehensiveness of the remaining permits that make up the application, including Planning and Zoning Permit No (Zoning Text Amendment) and Planning and Zoning Permit No (Zone Change); and WHEREAS, the Project site is identified in the Housing Element Supplement Part II as an All-Affordable Housing Opportunity Program (AAHOP) site and if a developer decides to participate in the AAHOP it is required to make all housing units affordable to extremely low-, very low-, or low-income households; and

42 Resolution No. PZ (Coastal Senior/Assisted Living) Page2 WHEREAS, at this time the Applicant is not seeking to develop the Project site under the AAHOP due to the fact that the City has initiated a contract to update the Housing Element in order to reevaluate existing policies and new and existing AAHOP affordable housing sites; and WHEREAS, the Project site has not be identified as an AAHOP affordable housing site within the updated Housing Element; and WHEREAS, with the updated Housing Element, the City is in support of the Project moving forward without Applicant's participation in the AAHOP; and WHEREAS, the documents and other materials that constitute the record of proceedings upon which the decision to adopt the mitigated negative declaration is based is located in the Planning Division of the City of Oxnard, and the custodian of the record is the Planning Manager; and WHEREAS, on October 6, 2015 the City Council conducted a duly noticed public hearing and carefully reviewed Planning Commission Resolution No approving Planning and Zoning Permit No (Special Use Permit - Planned Residential Group), Mitigated Negative Declaration No , and the Mitigation Monitoring and Reporting Program contained in the MND, and the City Council has considered the MND before making its decision herein; and WHEREAS, the Project was referred to various public utility companies, City departments and the Development Advisory Committee for recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oxnard upholds the decision of the Planning Commission approving Planning and Zoning Permit No (Special Use Permit), MND No , and the Mitigation Monitoring and Reporting Program contained in the MND, for the reasons set forth and described in Planning Commission Resolution No , and subject to the conditions of approval therein. [SIGNATURES ON FOLLOWING PAGE] Attach,....,..._... Page:...,.:~,,f.i..L-.;~-

43 Resolution No. PZ (Coastal Senior/Assisted Living) Page 3 PASSED AND ADOPTED by the City Council of the City of Oxnard on this 6th day of October, 2015, by the following vote AYES: NOES: ABSENT: ABSTAIN: Tim Flynn, Mayor ATTEST: Daniel Martinez, City Clerk._..._ Attachmen V Page_:O of._3_.

44 ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO (ZONING TEXT AMENDMENT) TO AMEND SECTIONS DEFINITIONS, R-2 MULTIPLE-FAMILY ZONE, RELATED USES, C-0 COMMERCIAL OFFICE ZONE, RELATED USES, CBD, CENTRAL BUSINESS DISTRICT, CONDITIONALLY PERMITTED USES, BRP BUSINESS AND RESEARCH PARK ZONE, RELATED USES, BRP PROHIBITED USESAND ARTICLE V, DIVISION 11 PLANNED RESIDENTIAL GROUP OF THE OXNARD CITY CODE TO ADD A NEW "SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITY" USE DESIGNATION, SUBJECT TO CERTAIN FINDINGS. FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CALIFORNIA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer"), submitted a request to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (2300 E. Pleasant Valley Road; APN ); and WHEREAS, the City of Oxnard is initiating the zoning text amendment to amend Chapter 16 of the Oxnard City Code to accommodate construction of the Project by adding a new "Senior and/or Senior Assisted Living Residential Facility" use designation; and WHEREAS, on September 3, 2015, the Planning Commission of the City of Oxnard ("Planning Commission") conducted a duly noticed public hearing and received comments, considered Staffs recommendation along with oral and written presentation by persons who attended the meeting, approved Planning and Zoning Permit No (Special Use Permit for a Planned Residential Group), and recommended that City Council approve Planning and Zoning Permit No (Zoning Text Amendment), and Planning and Zoning Permit No (Zone Change); and WHEREAS, on September 3, 2015, the Planning Commission adopted MND No pursuant to CEQA for the Project described therein, adopted a mitigation monitoring and reporting program for the Project described in MND No , and imposed mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No ; and WHEREAS, Planning Commission approvals of Planning and Zoning Permit No (Special Use Permit for a Planned Residential Group) and Mitigated Negative Declaration (MND No ) are being appealed to the City Council in order to provide the Council with a sense of context and comprehensiveness of the remaining permits that make up the application, including Planning and Zoning Permit No (Zoning Text Amendment) and Planning and Zoning Permit No (Zone Change); and

45 Ordinance No. PZ (Zoning Text Amendment) Page2 WHEREAS, on October 6, 2015, the City Council conducted a duly noticed public hearing on the proposed Zone Text Amendment. NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows: SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council Staff Report, the Planning Commission Staff Report and all attachments thereto, the City Council finds that the proposed Zoning Text Amendment to amend Chapter 16 of the Oxnard City Code to add the "Senior and/or Senior Assisted Living Residential Facility" use designation is in conformity with the City of Oxnard 2030 General Plan Goals and Policies for the reasons set forth below: CD-1.5: Housing Variety. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes the development of a variety of housing types throughout the City, specifically Senior and/or Assisted Living Housing. CD-1.7: Compact Development. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes the use of development patterns that can be more compactly built and use space in an efficient aesthetic manner as part of the community vision. CD-3.3: Innovative Redevelopment. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval promotes innovative design flexibility and possibly different residential densities through the use of alternative performance-oriented development standards. CD-3.6: Barrier-Free Housing and Reasonable Accommodation. The proposed zoning text amendment conforms to the City of Oxnard 2030 General Plan Goals and Policies since its approval Support development of barrier-free housing and reasonable accommodation for people of all ages and supportive for those with disabilities. SECTION 2. Based on the findings set forth herein, the City Council hereby approves Planning and Zoning Permit No (Zoning Text Amendment) to amend the Oxnard City Code to add the "Senior and/or Senior Assisted Living Residential Facility" use designation to the listed sections and regulations related to the aforementioned use as set forth in Exhibit A, attached hereto. SECTION 3. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.

46 Ordinance No. PZ (Zoning Text Amendment) Page 3 SECTION 4. Within 15 days after passage, the City Clerk shall cause this Ordinance to be published one time in a newspaper of general circulation published and circulated in the City. Ordinance No. was first read on, and finally adopted on, to become effective thirty (30) days thereafter. PASSED AND ADOPTED this 6th day of October, 2015 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Tim Flynn, Mayor Daniel Martinez, City Clerk Attachment.. Page 3 of.,&...,

47 Ordinance No. PZ (Zoning Text Amendment) Page4 EXHIBIT A PROPOSED ZONING TEXT AMENDMENTS Planning and Zoning Permit No (Zoning Text Amendment) contemplates the following amendments to Chapter 16 of the Oxnard City Code (OCC) to accommodate construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (2300 E. Pleasant Valley Road; APN ) by adding a new "Senior and/or Senior Assisted Living Residential Facility" use designation. (1) Add the following definition to Section (Definitions) of the OCC: "SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITY - A State-licensed residential facility with 7 or more residents that provides a range of community dining and/or recreation areas integrated with individual apartment units that may have individual cooking facilities; that provides at least one non-medical and/or medical support service to residents such as housekeeping, laundry, media room facility, library, hair care, recreation, and transportation services; that is restricted to qualifying residents or senior citizens as those terms are defined in Cal. Civil Code Section 51.11; that may include a secure area( s) for residents with limited memory or cognitive abilities and/or limited physical mobility; and that is subject to the regulations for Planned Residential Groups set forth in section of this code." (2) Add the following use to Section (R-2 Multiple-Family Zone, Related Uses) of the OCC: 1 "(M) Senior and/or Senior Assisted Living Residential Facility." (3) Add the following use to Section (C-0, Commercial Office Zone, Related Uses) of the OCC 2 : "(L) Senior and/or Senior Assisted Living Residential Facility." (4) Add the following use to Section (CBD, Central Business District, Conditionally Permitted Uses) of the OCC: "(R) Senior and/or Senior Assisted Living Residential Facility." 1 Note: OCC (R-3 Related Uses) & OCC (R-4 Related Uses) allow R-2 related uses and therefore will not need to be amended to accommodate the Senior and/or Assisted Living Residential Facility use. 2 Note: OCC (C-2 Related Uses) allows C-0 related uses and therefore wili not need to be amended to accommodate the new use.

48 Ordinance No. PZ (Zoning Text Amendment) Page 5 (5) Add the following use to Section (BRP, Business and Research Park Zone, Related Uses) of the OCC: "(P) Senior and/or Senior Assisted Living Residential Facility." ( 6) Amend and replace Section (BRP, Prohibited Uses) of the OCC with the following: "(A) Residential uses other than caretakers and Senior and/or Senior Assisted Living Residential Facility;" (7) Add the following to Division 11 of Article V of the OCC: "SEC SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITIES. (A) A Senior and/or Senior Assisted Living Residential Facility may be approved as a planned residential group by issuance of a special use permit in accordance with sections to of this code. Notwithstanding the foregoing, the requirements of section shall not apply to a special use permit for a Senior and/or Senior Assisted Living Residential Facility. (B) In addition to the requirements of sections to , an applicant for a Senior and/or Senior Assisted Living Residential Facility shall evaluate parking, including resident, guest, employee and shuttle parking, through a parking study. The parking study shall be based on intended population level of assistance, project location and proximity to public transportation and services for senior citizens. The applicant shall prepare and submit the parking study for review and approval by the city traffic engineer. Once the city traffic engineer approves the traffic study, said study shall be submitted with any special use permit submitted pursuant to this section to the planning commission for review and approval. (C) The planning commission may grant a special use permit pursuant the requirements of this section and sections to of this code for a Senior and/or Senior Assisted Living Residential Facility planned residential group to permit departures from the development standards of the zone in which the use is located and to permit departures from the attached dwelling unit development standards when such action is in accordance with the basic principles and intent of this chapter and the planning commission finds and determines all of the following:

49 Ordinance No. PZ (Zoning Text Amendment) Page 6 ( 1) The residential use proposed is permitted within the zone and is in conformance with the general plan; (2) Through project design features and conditions, the residential use will not adversely affect or be materially detrimental to adjacent uses, buildings or structures or to the public health, safety or general welfare; (3) The site that is subject to the special use permit is adequately served by sufficient parking as demonstrated in the submitted parking study; (4) The site that is subject to the special use permit will be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate; and ( 5) The applicant has demonstrated that the proposed population densities can be accommodated by existing and future public facilities, services and infrastructure such as sewerage, water, fire protection and storm drainage facilities."

50 ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. NO (ZONE CHANGE) ON PARCELS LOCATED ON PLEASANT VALLEY ROAD AND ETTING ROAD, (APN: AND ). FILED BY CITY OF OXNARD, DEVELOPMENT SERVICES DEPARTMENT, 214 SOUTH C STREET, OXNARD, CA WHEREAS, on June 3, 2014, Mark Pettit with Lauterbach & Associates, on behalf of Vince Daly of Dansk Investments (the "Applicant" and/or "Developer"), submitted a request to allow construction of a 101-unit mixed income apartment community and on-site amenities on a 6.23 acre site (2250 E. Pleasant Valley Road - APN ) and to allow construction of a 70 unit senior/assisted living residential facility and on-site amenities on a 1.05 acre site (2300 E. Pleasant Valley Road- APN ); and WHEREAS, the City of Oxnard is initiating the Zone Change for the two above-referenced parcels (APN: and ) to bring the properties into compliance with the 2030 General Plan land use designation; and WHEREAS, on September 3, 2015, the Planning Commission of the City of Oxnard ("Planning Commission") conducted a duly noticed public hearing, approved Planning and Zoning Permit Nos (Special Use Permit - Planned Development Permit), and recommended that City Council approve (Density Bonus), and (Zone Change) to allow the construction of a 101-unit mixed income apartment community (the "Coastal Apartment Project") in accordance with the Oxnard City Code; and WHEREAS, on September 3, 2015, the Planning Commission conducted a duly noticed public hearing and received comments, approved Planning and Zoning Permit No (Special Use Permit for a Planned Residential Group), and recommended that City Council approve Planning and Zoning Permit No (Zoning Text Amendment), and Planning and Zoning Permit No (Zone Change) to allow the construction of a 70-unit senior/assisted living residential facility (the "Senior/Assisted Living Project") in accordance with the Oxnard City Code; and WHEREAS, on September 3, 2015, the Planning Commission adopted MND No pursuant to the California Environmental Quality Act (CEQA) for the Project described therein, adopted a mitigation monitoring and reporting program for the Project described in MND No , and imposed mitigation measures identified within MND No on the parcels known as APN: and based upon the project description evaluated within IS/MND No ; and WHEREAS, the Planning Commission approvals of Planning and Zoning Permit No (Special Use Permit - Planned Development Permit) and Mitigated Negative Declaration (MND No ) were appealed to the City Council in order to provide the Council with a sense of context and comprehensiveness of the remaining permits that make up the applications for the Coastal Apartment Project and the Senior/Assisted Living Project; and

51 Ordinance No. PZ (Zone Change) Page2 WHEREAS, on October 6, 2015, the City Council of the City of Oxnard ("City Council") conducted a duly noticed public hearing to consider Applicant's request to approve Planning and Zoning Permit Nos (Special Use Permit - Planned Development Permit), (Density Bonus), and (Zone Change) to allow the construction of the Coastal Apartment Project in accordance with the Oxnard City Code; and WHEREAS, on October 6, 2015, the City Council conducted a duly noticed public hearing to consider Applicant's request to approve Planning and Zoning Permit Nos (Special Use Permit - Planned Residential Group), (Zone Text Amendment), and (Zone Change) to allow construction of the Senior/Assisted Living Project in accordance with the Oxnard City Code; and WHEREAS, the two Project sites on Pleasant Valley (collectively referred to as the "Project sites") are identified in the Housing Element Supplement Part II as Ail Affordable Housing Opportunity Program (AAHOP) sites and if a developer decides to participate in the AAHOP it is required to make all housing units affordable to extremely low-, very low-, or low-income households; and WHEREAS, at this time the Applicant is not seeking to develop the Project sites under the AAHOP due to the fact that the City has initiated a contract to update the Housing Element in order to reevaluate existing policies and new and existing AAHOP affordable housing sites; and WHEREAS, the Project site has not be identified as an AAHOP affordable housing site within the updated Housing Element; and WHEREAS, with the updated Housing Element, the City is in support of the Project moving forward without Applicant's participation in the AAHOP; and NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows: SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the City Council Staff Report, the Planning Commission Staff Report and all attachments thereto, the City Council finds that the proposed Zone Change to change the zone designation for the subject property (APN and -019) from Community Reserve (CR) to Multiple-Family Residential Planned Development (R-2-PD) is in conformity with the City of Oxnard 2030 General Plan since the Multiple-Family Residential Planned Development (R-2-PD) zoning designation is consistent with the City of Oxnard 2030 General Plan Land Use Designation of Residential Low Medium (RLM). SECTION 2. Based on the findings set forth herein, the City Council adopts an ordinance approving Planning and Zoning Permit No (Zone Change) to change the zone designation for the subject property (APN and 019) from Community Reserve (CR) to Multiple-Family Residential Planned Development (R-2-PD) to be consistent with the City of Oxnard 2030 General Plan Land Use Designation of Residential Low Medium (RLM) as set forth in Exhibit A, attached hereto. Page )-

52 Ordinance No. PZ (Zone Change) Page 3 SECTION 3. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. SECTION 4. Within 15 days after passage, the City Clerk shall cause this Ordinance to be published one time in a newspaper of general circulation published and circulated in the City. Ordinance No. was first read on, and finally adopted on, to become effective thirty (30) days thereafter. PASSED AND ADOPTED this 6th day of October, 2015 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Tim Flynn, Mayor Daniel Martinez, City Clerk

53 Ordinance No. PZ (Zone Change) Page4 EXHIBIT A ZONE CHANGE MAP

54 A11gust I Location: 2300 E Pleasant Valley Rd Daly!Dansk SR Prnject #jr&h;lij!hiv)l Feet