For developments located within or adjacent to any industrial or commercial zoned property the following Compatibility standards shall apply to ensure the compatibility of uses within a residential or mixed-use development:
(A) Compatibility with surrounding uses. The overlay environment is an urbanized area, therefore land use compatibility issues are expected to occur. Therefore, applicants for multifamily or mixed-use development shall submit data as determined by the Director to evaluate compatibility with surrounding uses with respect to issues including, but limited to the following:
(1) Noise.
(2) Odors.
(3) Truck traffic and deliveries.
(4) Hazardous materials handling/storage.
(5) Air emissions.
(6) Soil/groundwater contamination.
(7) Complete sidewalk circulation systems and bus stops.
(B) Residential disclosures - All applications for multifamily or mixed-use shall include a condition of approval for disclosure to residents clearly outlining the issues associated with living in a mixed-use environment. The language for this disclosure shall be as specified by the Director. Copies of each signed disclosure shall be made available for review upon written request by the city.
(C) Applicants for new multifamily or mixed-use developments within 500 feet of US 101 or industrially zoned property shall be required to install high efficiency minimum efficiency reporting value (MERV) filters of MERV 14 or better in the intake of residential ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV 14 filter. To ensure long-term maintenance and replacement of the MERV 14 filters in the individual units, the following shall occur:
(1) The developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk from US 101 and industrial zones for all affected units, per Item (3) below of this section.
(2) For rental units within 500 feet of the US 101 or any industrially zoned property, the owner/property manager shall maintain and replace MERV 14 filters in accordance with the manufacturer's recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from US 101 and industrially zoned properties when windows are open.
(3) For residential owned units within 500 feet of US 101 or an industrially zoned property, the homeowners' association (HOA) shall incorporate requirements for long-term maintenance in the covenant conditions and restrictions and inform homeowners of their responsibility to maintain the MERV 14 filter in accordance with the manufacturer's recommendations. The HOA shall inform homeowners' of increased risk of exposure to diesel particulates from US 101 when windows are open.
(D) For all multifamily or mixed-use developments located within the distances to industrial uses as outlined below the applicant shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA), California Office of Emergency Services (PES), Certified Unified Program Agency (CUPA) and Ventura County, Air Pollution Control District (APCD) to the Director. The HRA shall be reviewed and approved by the city and qualified experts approved by the city following APCD or California Air Pollution Control Officers Association (CAPCOA) guidelines prior to approval of any future residential or residential mixed use development, and HRA recommendations shall be incorporated into the development.
(1) One thousand feet from the truck bays of an existing distribution center that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week.
(2) One thousand feet from industrial facility which emits toxic air contaminants (TACs) identified by the following sources:
(a) CARB Toxic Emission Inventory.
(b) EPA Toxic Release Inventory.
(c) CARB Toxic Air Contaminant Identification List.
(d) EPA List of Air Toxics.
(e) Ventura County APCD Air Toxic Annual Report or Similar APCD List
(E) (1) For all multifamily or mixed-use developments located within 1,000 feet of an industrial facility that emits substantial odors, which includes, but is not limited to:
(a) Wastewater treatment plants.
(b) Composting, greenwaste, or recycling facilities.
(c) Fiberglass manufacturing facilities.
(d) Painting/coating operations.
(e) Coffee roasters.
(f) Food processing facilities.
(2) The applicant shall submit an odor assessment to the Director prior to approval of any future discretionary action that verifies that the Ventura County Air Pollution Control District has not received three or more verified odor complaints. If the odor assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate the best available control technologies for toxics (T-BACTs) which are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, installation of minimum efficiency reporting value (MERV) filters rated at 14 or better at all residential units. All T-BACTs shall be incorporated into the development.
(F) Noise standards.
(1) Individual developments that involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers, occurring near sensitive-receptors shall be evaluated for potential vibration impacts. Developments are required to implement construction techniques which result in construction-related vibration that is less than the Federal Transit Administration vibration-annoyance criteria of 78 VdB during the daytime (7:00 a.m.-10:00 p.m.) and not allowed during the nighttime (10:01 p.m.- 6:59 a.m.).
(2) The applicant shall submit evidence to the satisfaction of the Director that all units with patios and/or balconies meet the 65 dBA CNEL.
(G) Hazardous materials standards. Individual development sites may have existing facilities, such as transformers or clarifiers, to be demolished as part of a proposed development. To mitigate hazardous materials-related impacts during the removal of such facilities, the Director, in conjunction with the Oxnard Fire Department, shall include specific development conditions of approval as part of the discretionary review process for the proposed development.
(H) Public safety standards.
(1) Plans submitted for review of residential development shall include the following safety features:
(a) Recreation areas shall be located adjacent to residential uses whenever possible. These areas shall be visible to residents from within their dwellings to allow for "eves on the street" proper visual surveillance. Placement of windows, landscaping, lighting, and recreation uses shall be coordinated to enhance resident surveillance opportunity, but not to detract from the recreational use.
(b) General utilization of the concepts of crime prevention through environmental design (CPTED) in the planning and development stages.
(2) The inclusion of the following items shall be verified by the public safety department prior to issuance of the first building permit for a residential unit.
(a) Development of a security plan for multifamily or mixed-use developments that includes:
1. Management contact for public safety issues available 24-hours a day;
2. Cameras for monitoring and recording vehicles and persons entering the site;
3. Access control systems to control passage into common areas;
4. Secure postal and parcel delivery;
5. Quick removal of graffiti; and
6. Enforcement of restricted parking spaces.
(b) Preparation of a standardized, high density, "wayfinding" sign program to aid emergency responders in finding individual residential units guickly and easily.
(c) A Click2Enter radio freguency access system shall be installed at any vehicle and pedestrian access point controlled by privacy gates.
(d) Security. Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses. Nonresidential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan and the separations shall be permanently maintained.
(e) Windows. Residential windows of buildings directly adjacent to industrial uses shall generally be directed away from loading areas and docks, unless view-restricting architectural elements are utilized.
(Ord. No. 2999)