a. clara santa e. llc, robert gibson, mrr918, applicant:...

1

Planning Director StaffReport - Hearing on September 27,20L2County of Vennrra' Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventura, CA 93ffi9-1740' (805) 654-2478'ventura.org/ma/plaming

A. PROJECT INFORMATION

Request: The applicant requests approval of a four-lot Tentative Parcel Map(TPM 5870/Case No.SD1 1 -001 7).

Applicant: Mr. Robert Gibson, MRR918, LLC, 830 E. Santa Clara Street,Ventura, CA 93001

Property Owner: MRR918, LLC, 830 E. Santa Clara St., Ventura, CA 93001

Applicant's Representative: Mr. Steven Perlman, 7811 Marin Lane, Ventura,cA 93004

Decision-Making Authority: Pursuant to the Ventura County SubdivisionOrdinance (58205-5 et seq.), the Planning Director is the decision-maker for therequested Tentative Parcel Map.

Project Site Location and Parcel Number: The project site is located at 918Mission Rock Road, Santa Paula, nearthe intersection of State Route 126 andBriggs Road in the unincorporated area of Ventura County. The Tax Assessor'sparcel number for the parcel that constitutes the project site is 099-0-110-045(Exhibit 6).

7. Project Site Land Use and Zoning Designations:

a. Countvwide General Plan Land Use Map Desiqnalþn: ExistingCommunity (Exhibit 2)

b. Zonino Desiqnation: M3-10,000 sq. ft. (General lndustrial, 10,000 squarefeet minimum lot size) (Exh¡bit 2)

Adjacent Zoning and Land Uses/Development (Exhibit 2):

2.

3.

4.

5.

6

8.

North

Location inRelation to the

Proiect Site

M3-10,000

Zoning

Salvage Yard, including AutomobileWrecking Yards with Ancillary RetailSales of Salvaoed Materials

Land Uses/Development

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Planning Director Hearing on September 27,2012 of 18

I

Location inRelation to the

Site

West

East

South

Zoning

M3-10,000

M3-10,000

'OS-80 adMRP" (Open SPace,80acres minimum lot size, MineralResources Protection OverlaYZone)

Land Uses/Development

Salvage Yard, including AutomobileWrecking Yards with Ancillary RetailSales of Salvaged Materials

Oiland Gas Production

Asphalt Mixing Plant and RecyclingFacility

parcel History: The lot that is the subject of the proposed industrial subdivision

is comprised ol one discrete, legal lot, created by conveyance (deed_recorded on

June 6, 1962, in Book 2160, Page 32 ol Official Records of Ventura County). The

lot was created pr¡or to regulation by the Subdivision Map Act and Ventura

County Subdivision Ordinance.

permit History: The subject parcel was part of a larger area that was subject to

a cond16nal use Permlt (cuP 4204). On November 15, 1984, the Planning

Commission approved CUP 4204 (Resolution No. 80-22) on a7.43 acre parcel to

establish an auto Salvage yard, which included two, 1,000 square-foot (sf)

modular buildings for an off¡ðe, sales, and storage uses, for a five year period

ending on Novèmber 15, 1989. Although the Permittee filed an application to

renew the CUP in July of 1985, the ap ¡lication was found to be incomplete and

was not Processed anY further.

The project site is subject to cuP 308, which was approved on April 7, 1986, for

oil and éas exploration and production activities. The CUP area is on a portion of

a large-oil lease that covers approximately 50 Tax Assessor's Parcels and ¡s

calleð the "SpS Lease" held by the oil company. The current perm¡ttee ¡s

Crimson Resources Management Gorporation. None of the production facilities

authorized by GUP 308 are located on the proposed project site.

On August 30, 1g90, the Planning Commission granted Major Modification No. 2

to CUÈ 4204 (Resolution No. 90-31) for the continued use of the auto salvage

and dismantling yard on the subject property.

On April 4, 1994, the property owner filed an application (Modification No. 3) to

modify the parking and landscaping layout, office and warehouse design, and

yard layouts approved as part of CUP 4204. However, on April 3, 1996, the

bountyierminated Modification No. 3 due to inactivity on that application.

On Octob er 17,1994, the applicant filed an application for a modification to CUP

4204 (Modification No. 4) to authorize an additional one year extension of time in

which to obtain the final Zoning Clearance for Modification No. 2. On October 24,

10.

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l gg5, the applicant requested that the application be withdrawn as all conditions

of Modification No. 2had been met. Modification No. 4 was then closed.

On April 8, 1g99, the Planning Director approved a modification to CUP 4204

(Modiîication No. 5), which separated the site into separate yards for auto

salvage and dismantling.

On April 1g,2001, the Planning Commission approved a modification to CUP

4214'(Modification No. 6) for use of the land as an auto and truck dismantling

and scrap metal recycling operation.

On May 16,2003, the Planning Director approved a modification to CUP 4204(Minor ilIodification No. 7) for the construction al building

i$u¡lO¡ng E)1, and one new septic system and site as an

automobile and truck dismantling and scrap m

On June 20,2007, the Planning Director approved a Permit Adjustment to CUP

4204 (Permit Adjustment No. LUOT-0065) authorizing the construction of four

detached metal canopies). However, the Permittee did not obtain a Zoning

Clearance for construction of the canopies and the Permit Adjustment expired.

On August 6, 2008, the Planning Director approved a modification to CUP 4204(Minor Modification No. 8/LU07-0022) to expand the CUP boundary by 5-7 acres

ior a total CUP area of 13.13 acres. The request also included the construction of

three new warehouse buildings (Buildings H, l, and K) and interior offices. On

July 8, 2OOg, the Planning Director approved a one year time extension to the

OeáOI¡ne by which the Permittee was required to obtain a Zoning Clearance forconstruction of one of the approved buildings.

On October 30, 2009, the Planning Director approved a Permit Adjustment(LU09-0129) to Conditional Use Permit (1U07-0022) for an auto dismantling and

òcrap metal recycling operation. The Permit Adjustment allowed the elimination

of a 3,000 st OúitOing (Building K) and to enlarge another building (Bu¡lding H)

from 2,500 sf to 10,5-00 sf. The Permit Adjustment also allowed a shift in the site

parking arrangement and the relocation of a leach field servicing Building H. On

AugurI 5, ZO1O, the Planning Division issued a Zoning Clearance for the

construction of Building H.

On March 1, 2O'lO, the Planning Director conditionally approved a Minor

Modification to CUP 4204 (Case No.LU10-0018). This Minor Modification

extended the effective term of the permit by 10 years. The request included a

proposal to create three separate CUP boundaries to encompass each of the

three properties held under separate ownership, as follows:

1 See Exhibit 3 for the identification and location of the buildings and structures discussed in this staff

report.

Planning Director Statf Report for SDl l-0017 TPM 5870

Pianning Director Hearing on September 27 ' 2012 of 18

'l'1.

o 918 Mission Rock Road owned by 918MRR, LLC,

o 903 and gOS Mission Rock Road Owned by Santa Clara Waste Water Co.;

and,. g0g Mission Rock Road owned by Saticoy Development Company, LLC.

Additionally, the Minor Modification allowed propane storage and distribution on

the property located at 918 Mission Rock Road, The propane distribution use

included ai2,OOO gallon propane tank to an existing paved parking lot area east

of AritOing E. The þropane is customarily sold to a wholesale distributor or to a

retail ouflét for resale to the public, primarily in Ventura County. The permit

boundary for CUP 4204 will decrease from 13.13 acres lo 7.43 acres'

On Februa ry 7, 2012, the Planning Director approved Permit Adjustment LU12-

001b to allow " conir".tor's service and storage yard for the Anterra Energy

Services on 3,5 acres of the existing 7.43 acre lot. The contractor's service and

storage yard occupies existing Buildings c and D and associated open storage

area.

On August 13, 2012 the Planning Di

Anterra Oil for a Permit Adjustment("CUP") Case No. LU10-0018 (previ

LU12-0015), to allow the temPoraryproduced brine water in portable- tanks ¡

btor"g" Yard at the 918 Mission Rock Road location'

summary: As outlined above, the proposed subdivision involves a property that

has been developed with various industrial uses and structures in conformance

*¡tn tn" permit requirements of the County of Ventura. The environmental effects

of this development were analyzed and disclosed in accordance with CEQA

requirements as pátt of the peimitting process. The analysis of e. nvironmental

effects, consistency with land use þoiicies, and.compliance with ordinance

standards in this siär report is limited to the potential future changes that could

result from the proposed subdivision'

Project Description: The applicant is requesting approval of a Tentative Parcel

It¡aó 11pU 587ö) to subdivid e' a7.43-acre parcel into four parcels, as follows:

o Parcel 1 will be 1'25 ac. (54,450 sf net) in size;

o Parcel 2 will be 1.73 ac. (75,359 sf net) in size;

.Parcel3willbe3.19ac.(138,956sfnet)insize;and'

. Parcel 4 will be 1'22 ac (53,143 sf net) in size'

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Table 1 summarizes the buildings and uses that are discussed in Section A.10 ofthis staff report (above), which will continue to exist on the proposed parcels

shown on the proposed TPM (Exhibit 3).

Table I - Exi to Remain on the P Parcels of TPM 5870*

* See Exhibit 3 for the proPosed parcels, buildings, and structures listed in Table 1

**sf = square feet

Santa Paula Water Works will continue to provide water serv¡ce to the existing

uses on the proposed four parcels. On-site septic systems will continue to

provide sewage disposal serv¡ces for existing buildings associated with LU10-

bOtA. The ¡nltallation of on-site septic systems for each of the approvedbuildings for LUl0-0065 and LUl0-0066 was previously approved under permit

LUOT-gb22.The existing improved roads (Mission Rock Road, Pinkerton Road,

Briggs Road and State Hignway 126) provide access to the proposed 4 parcels.

As ãch of the proposed lots are currently developed with buildings, structures,

and uses, no new development (e.g., grading, tree or native vegetation removal,

or installation of utilities) will occur as part of the requested subdivision. Also, no

new construction is required to facilitate the proposed subdivision and continued

use of the proposed parcels (Exhibit 3).

ProposedParcel

3

2

1

4

918-B Mission Rock Road

918-A Mission Rock Road

Addrqss

918-C/918-D Mission RockRoad

918-E Mission Rock Road

Building'A'(4,900 sf)

Buildingsand

Structures**

Building "C"(4,900 sf) andBuilding.D"(4,900 sf),

Building "B"(4,900 sf)

Building'E'(4,800 sf) and12,000 gallonpropanestorage andwholesaledistributiontank

Uses of the Proposed Parcels

The following existing uses willcontinue to occur on each ProPosedlot:

o An automobile and truckdismantling yard, general scraPmetal recycling operation(predom inately vehicle scraPmetal), and auto refurbishing;

o a contractor's service and storageyard;

. Wholesale and retail sales ofsalvaged automobile Parts ofvehicles and auto auctions tolicensed dealers only, no morethan once a week during daY lighthours, not to exceed the amount ofavailable on-site parking provided;and,

. The storage, loading, andunloading of vehicles and scraPmetal materials onlY within theboundaries of the Permit alge.

Planning Director Staff Report for SD11-0017 TPM 5870Planning Director Hearing on Septembe¡ 27 ' 2012

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B. CALIFORNIA ENVIRONMENTAL QUAL¡TY ACT (CEQA) COMPLIANCEPursuant to CEQA (Public Resources Code S21000 et seq.) and the CEQA Guidelines(Title 14, California Code or Regulations, Division 6, Chapter 3, $15000 et seq.), the

subject application is a "project" that is subject to environmental review.On August30, 1990, the Planning Commission adopted a Mitigated Negative Declaration(MND)ãs part of its approval of CUP 4204, which evaluated the environmental impacts ofthe following development within the Mission Rock Road area:

o the operation of vehicle salvage yards;2

. several contracto/s service and storage operations;

. an oil waste water treatment plant and oil production equipment;

. a boarding kennel; and,

. a concrete manufacturing plant.

The MND identified potentially significant cumulative impacts related to fire protection,

floodplain management, and access and circulation for the entire Mission Rock Road area;

however, the Èlanning Commission adopted mitigation measures as conditions ofapproval of CUP 4204, in order reduce the project's contribution to the cumulative impacts

for all of the existing and proposed uses in the Mission Rock Road area to a less than

significant level.

Since the adoption of the original MND, the County decision-makers adopted the following

Addenda to the MND:

ln April 2001, the Planning Commission adopted an Addendum to the MND fora 1O-year time extension to the 14 land use entitlements that govemed the

development within the Mission Rock Community, which the original MND

evaluated.

fn May 2003, the Planning Director adopted an Addendum to the MND for the

addition of a new 4,800 sq. ft. warehouse building (Building E), for the Auto

Recycling and Salvaged Auto Part Sales Facility on the subject property'

ln August 2008, the Planning Director adopted an Addendum to the MND forthe eipansion of the CUP area from 7.43 acres to 13.13 acres and the

construction of three additional warehouse buildings (Buildings H, I and K) forthe Auto Recycling and Salvaged Auto Part Sales Facility.

ln March 2010, the Planning Director adopted an Addendum to the MND for the

elimination of Building K and the expansion of Building H.

' The 1gg0 adopted MND describes the use of the property as a "vehicle salvage yard;" whereas,

currently, the Ventura County Non-Coastal Zoning Ordinance (April 2010; Section 8105-5, Permitted

Uses in-the Commercial and industrial Zones) describes the use as "salvage yards, including automobile

wrecking yards with ancillary retail sales of salvaged materials''

a

o

a



ln September 2010, the Planning Director adopted an Addendum to the MND

for the continuat¡on of the existing Auto Salvage and Dismantling Facility and forthe construction and use of a new 12,OOO gallon propane storage and

wholesale distribution tank to be placed on an existing paved area adjacent to

Building E.

o In February 2011, the Planning Director adopted an Addendum to the MND to

allow a contracto/s service and storage yard on 3.5 acres of the 7.43 acre lot.

o ln August 2012 the Planning Director adopted an Addendum to the MND forpL12-0084 for a request to allow the temporary storage of water based

drilling mud and produced brine water (fluids) in portable tanks at the

permitted contractor's seruice and storage yard on the 7.43 acre parcel.

As discussed in Section A.10 of this staff report (above), the Planning Director also

conditionally approved a Minor Modification (Case No.LU10-0018 and subsequentpermit Adjústment Case No.LU12-0015 to CUP 4204). The MND evaluated all of the

existing dêvelopment that will remain on the proposed parcels. ln both cases, theplanniñg Director determined that only minor technical changes were required to the

MND, a-nO tne development that was the subject of the Minor Modification and Permit

Adjustment requests would not have any new significant impacts that were not

evåluated in the MND. Therefore, pursuant to Section 15164(b) of the CEQA Guidelines

(Tile 14, Califomia Code of Regulations, Chapter 3), the Planning Director adopted an

àddendum to the MND since: (1) only minor technical changes or additions were

necessary; and, (2) none of the conditions described in Section 15162 of the CEQA

Guidelinel calling for the preparation of an environmental impact report or subsequent

negative declaration had occurred.

As discussed in Section A.11 of this staff report, the proposed TPM will not result in

any new physical development of the project site beyond what was evaluated in the

exísting MN-D and addenda to that MND. Each of the proposed parcels is currently

devebþed, and will remain developed, consistent with the approved Minor Modification

(Case No.LUl0-0018) and Permit Adjustment (Case No.LU12-0015) to CUP 4204.

Èurthermore, the proposed TPM will not create the potential for new development that

currenly is not allowed on the parcel that is proposed to be subdivided. Therefore, as

discussêd in the draft Addendum to the MND for the proposed project (Exhibit 4), the

proposed project will require only minor technical changes to the lVlN?, and none of the

äon'dit¡onr deócribed in Section 1s162 of the CEQA Guidelines calling for the preparation

of an environmental impact report or subsequent negative declaration have occurred.

C. CONS¡STENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (2011, page 4) states:

...in the unincorporated area of Ventura County, zoning and any permits jssued

thereunder, any subdivision of land, any public works proiect, any public (County,

a


P I a n n i n s D i re cto r H ea r i n s o n S e pt e m b

ZirS' ¿3? 1?

Speciat District, or Local Government) tand acquisition or dlçosition, and any

sþecific plan, musf be consrstent with the Ventura County General Plan Goals,

Poticies and'Programs, and where appticabte, the adopted Area Plan'

Furthermore, the Ventura County Subdivision Ordinance [$8204-1 and $8205-5.5(a)]

states that in order to be approväd, a Tentative Parcel Map must be found consistent

with all applicable policies of the Ventura County General PIan.

Evaluated below is the consistency of the proposed project with the applicable policies

of the General Plan Goals, Policies and Programs.

,1. Resources Policy 1.1.2-1= Alt General Plan amendments, zone changes and

discretionary devetopment shatt be evaluated for their individual and cumulative

impacts on resourcei in "orpliance

with the Catifornia Environmental Quality Act.

As discussed in Section B (above) and in the MND Addendum prepared for the

proposed project (Exhibit 4j, tne project's individual impacts and contribution to

ðumulative-impacts on resources have been evaluated in compliance with CEQA.

Based on the discussion above, the proposed project will be consistent with Policy

1.1.2-1.

2. Resources policy 1.3.2-4: Discretionary development shatl not significantly impact

the quantity or qiatity of water resources within watersheds, groundwater recharge

areas or groundwater basrns.

The Ventura County public Works Agency, Watershed Protection District, Water and

Environmental Reðources Division,- reviewed the proposed subdivision and the

previously approved land use permits as discussed in this

staff repórt'(äbove) for approved Minor Modification and

Permit Adjusiment ('Case Ño'LU12-0015) to CUP 4204A t21'2011 memorandum ftom Ewelina Mutkowska, the a the

proposed subdivision would not result in a violation of any surface water quality

standards. The existing permits requirr each facility operator to comply with theion Prevention Plan and to report annually'

I project nor the cumulative thresholds forproject is expected to have a less than

v.

The permittee will be required to comply with the terms of the General Industrial

Stormwater permit under State Water Reðources Control Board Water Quality Order

No. 9Z-03-DWQ (NPDES Discharges of Storm Water Runoff Associated with

lndustrial Activities). Also, the land u.e permits are conditioned to submit proof of

filing of the Notice âf lntent (NOt) with the State Water Quality Control Board for the

General lndustrial Stormwater Permit.

Planning Director Staff Report for SDl1-0017 TPM 5870pia n n i n g D i recto r H ea r i n g o n Se pte m be,

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The Ventura County, Watershed Protection District, Ground Water Section reviewed

the proposed subdivision (and the previously approved land use permits, approved

Minor Modification (Case No.LUl0-0018) and Permit Adjustment (Case No.LU12-

oo15) to cup 42o4and has determined that no new development is proposed and

the proposed subdivision will not significantly impact the quantity or quality of water

resources within watersheds, grouñdwater recharge areas or groundwater basins.

Water service is provided by tñe City of Santa Paula-Water Division and according

to the environmental analyé¡s of the Watershed Protection District, Ground Water

Section, it is considered to have the ability to provide a permanent supply of

domestic water. Sewage disposalwill be provided by on-site septic systems.

The proposed TPM will not create the potential for new development beyond what is

currently allowed on the property.

Based on the foregoing information, the proposed project is consistent with Policy

1.3.2-4.

3. Resources Policy 1.5.2-1: Discretionary devetopment which could potentially impact

biotoEicat ,esource" shatt be evatuated by a quatified biologlsf fo assess impacts

and, if necessary, develop mitigation measures.

The project site is currently developed with industrial uses. No new development is

propär"b with the reqrested subdivision. In any case, the County staff biologist'anàtyzeathe potential impacts of the development on biological resources, as part of

the änalysis of the approved Minor Mo lification (Case No.LU10-0018) and Permit

Adjustmént (case ruó.Lut 2-0015) to cup 42o4that authorized the development to

occur within the project site. As discussed in the staff report for the Minor

Modification (Novémber 4, 2012) and the Permit Adjustment approval lettercant biological resources located within the

(i.e., a flood control channel under theistrict that is located adjacent to the project

ted greater than 1,000 feet from the Santa

Clara River. At that distance, new development on the proposed lots will not have

the potential to adversely affect riparian habitat located along that river' Finally, the

projosed TpM will not create the potential to allow new development that currently

is not allowed on the parent 7.43 acre parcel.

Based on the above discussion, the proposed project is consistent with Policy 1.5.2-

1.

4. Resources Policy 1.7.2-1: Nofwithstanding Policy 1 .7.2-2, discretionary

development which'would significantty degrade visualresources or significantly alter

or obscure pubtic views of iisuatresources shatt be prohibited unless no feasible

mitigation measures are availabte and the decision-making body determines there

are overrid ing consideration s.

Planning Director Staff Report for SDl1-0017 TPM 5870Planning Director Hearing on September 27,2012

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proposed with the requested subdivision. The proposed TPM will not create thepotential to allow new development that currently is not allowed on the parent 7.43acre parcel. Thus, the subdivision does not have the potential to create adverseeffects on visual resources.

Based on the above discussion, the proposed project is consistent with Policy 1.7.2'1.

5. Resources Policy 1.8.2-1= Discretionary developments shall be assessed forpotentiat paleontologicat and cultural resource impacts, except when exempt fromsuch requirements by CEQA. Such assesstnents shall be incorporated into acountywide paleontological and cultural resource data base.


proposed with the requested subdivision. The proposed TPM will not create thepotential to allow new development that currently is not allowed on the parent 7.43acre parcel. Thus, the subdivision does not have the potential to create adverseeffects on archeological or paleontological resources.

Based on the above discussion, the proposed project is consistent with Policy 1.8.2'1.

6. Hazards Policy 2.13.2-1: Att discretionary permits shall be required, as a conditionof approval, to provide adequate water supply and access for fire protection andevacuation purposes.

Public Facilities and Services Policy 4.8.2-1= Discretionary development shall bepermitted onty if adequate water supply, access and response time for fire protectioncan be made available.

The water supply and access for fire protection and evacuation purposes werepreviously analyzed by the VCFPD as part of the approval of the existing

development. The water supply and access was determined to be adequate and

consistent with County standards. No new development is proposed with the

requested subdivision. The existing development will remain subject to the

established requirements for water and access.

Based on the above discussion, the proposed project is consistent with thesepolicies.

7. Hazards Policy 2.16.2-1= All discretionary development shall be reviewed for noise

compatibility with surrounding uses. Norse compatibility shall be determined from aconsrsfent set of criteria based on the standards listed below. An acoustical analysisby a quatified acoustical engineer shall be required of discretionary developmentsinvotving noise exposure or noise generation rn excess of the established standards.

Planning Director Staff Report for SD11-0017 TPM 5870


The anatysls sha// provide documentation of existing and proiected noise levels at

on-site and off-site receptors, and shatl recommend noise control measures formitigating adverse impacts.

(4) Noise generators, proposed to be located near any noise sens,f,ve use, shall' ' incorpolate noise contiot measures so that ongoing outdoor noisg lgvels received

by the noise sensiflye receptor, measured at the exterior wall of the building, do

not exceed any of the following standards:

a. LeqlH of 55dB (A) or ambient noise level plus SDb (A), whichever is greater,

during any hour from 6:00 a.m. to 7:00 p.m.

b. LeqlH oi SOae 6) or ambient norse level plus 3dB (A), whichever is greater,

during any hour from 7:00 p.m. to 10:00 p.m.c. LeqlH oi ¿S¿A (fl or ambient noise tevel plus 3dB (A), whichever is greater,

during any hour from 10:00 p.m.to 6:00 a.m.

Secfion 2.16.2(4) is not applicabte to increased traffic noise along any of the

roads identified within the 2020 Regionat Roadway Network (Figure 4.2.3) Public

Facitities Appendix of the Ventura County General Plan (see 2.16.2-1(1)). lnaddition, Sfaie and Federal highways, all railroad line operations, aircraft in flight,

and pubtic utitity facitities are nolse generators þaving Federal and Sfafe

regulations that preempt local regulations.

(5) Construction noise shatt be evaluated and, ffnecessary, mitigated in accordance

with the County Construction Norse Threshold Criteria and Control Plan


propär"¿ with the requested subdivision. The proposed TPM wilt not create thepotential to allow new development that currently is not allowed on the parent 7'43

äcre parcel. Thus, the subdivision does not have the potential to create new long-

term sources of noise. Also, the proposed project does not involve any construction

activities and does not have the potential to generate construction-related noise.

Based on the above discussion, the proposed project is consistent with Policy

2.16.2-1

g. Land Use Policy 3.1.2-6= Minimum Parcel Size: Except as provided below,

suödivrsions of iand shatt meet the most restrictive minimum parcel size

requiremenús esfab tished by Figures 3.I and 3.2a & b, by the applicable Zoning

Compatibitity Matrix estabtiihed by the respective Area Plans or by the applicable

exisiing Community Map contained in this Chapter commencing with Figure 3.7

All of the proposed parcels meet the minimum parcel size requirement, which isbased on ihe'land use and zoning designations for the project site. The land use

designation for the project site is Existing Community and the zoning designation is

M3-|O,OOO (General lndustrial, lO,OOO square feet minimum parcel size). As discussed

Planning Director Staff Report fo¡ SD11-0017 TPM 5870pÍa n n i n g D i re cto r H e a r i n s o n s e pte m b

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in Section A.11 of this staff report (above), all of the proposed lots will conform to the

10,OOO sf minimum lot size requirement.

Based on the above discussion, the proposed project is consistent with Policy 3.1.2'

6.

g. public Facilities and Services Policy 4.1.2-1= Discretionary development shall be.

conditioned to contribute land, improlements or funds toward the cost of needed

public improvements and serylces retated to the proposed development.

public Facilities and Services Policy 4.1.2-2= Development shall only be permitted

in those locations where adequate puøt¡c services are available (functional), under

physicat construction or witt be available in the near future.

public Facilities and Services Policy 4.3.2-1= Development that requires potable.

water shalt be provided a permanent fotabte water suppty of adequate quantity and

quatity that compties witit appticabte County and State water regulations. Water

sysfems operated by or receiring water from Cggitas Municipal Water District, the

Catteguas'MunicipaíWater District or the lJnited Water Conseruation District will be

,orrld"rrd permànent suppties unless an lJrban Water Management Plan (prepared

pursuant to part 2.6 of Division 6 of the Water Code) or a water suPply and demand.

ãr""""r" nt (prepared pursuant to Part 2.10 of Division 6 of the Water Code)umulative develoPmentsuPPlY rs úo be drawnhave been determined

by the Environmental Heatth Division oi tne Pubtic Works Agency to be questionable

or inadequate, the developer shatt be required to demonsfrafe the availability of a

permanent potabte water supply for the life of the proiect.

public Facilities and Services Policy 4.4.2-2= Any subdivision, or discretionary

change in tand use having a direct effect upon the volume of sewage, shall be

requi-red to connect to a puøt¡c sewer vstem. Exceptions fo flis policy to allow the

use of sepflc sysfems may be granted in accordance with County Sewer lolicytnstattation and maintenance of septic systems sha// be regulated by the County

Environmental Heatth Division in accordance with the County's Sewer Policy, County

Buitding Code, and County Seruice Area 32'

As discussed in Section A.11 of this staff report (above), the existing development

that will be located on each proposed lot currently has water service, sewage

disposal service, and adequate legal access. The City of Santa Paula will continue

to provide water to the four parcels and each parcel has a private onsite sewage

disposal system aPProved bY EHD'

The property owners of the new parcels will be required to join and contribute to the

Mission Rock Road property Owners' Association. This organization is responsible

for maintenance of the road improvements, drainage improvements, and the water

Planning Director Staff Report îor SDl1-0017 TPM 5870Planning Director Hearing on September 27,2012

of 18

supply system for fire protection purposes, within the Mission Rock Road area. Theproposed TPM will not create the potential for new development that currently is notallowed on the parent 7.43 ac¡e parcel.

Based on the above discussion, the proposed project is consistent with thesepolicies.

D. SUBDIVISION AND ZONING ORDINANCE COMPLIANCE

The proposed project is subject to the requirements of the Ventura County SubdivisionOrdinance (VCSO).

Pursuant to the Ventura County Subdivision Ordinance (58202-2), the proposedsubdivision is allowed with the granting of a TPM. Upon the granting of the TPM, theapplicant (subdivider) will be in compliance with this requirement.

The proposed project involves a subdivision that is subject to the design requirementsof the Ventura County Subdivision Ordinance (Article 4, 58204). Table 2 (below) liststhe applicable design requirements, and the results of staffs analysis of conformance.

Table 2 - VCSO Article 4 Desi nts Co

As indicated above, staff recommends that the proposed subdivision be found in

conformance with the application design requirements of the VCSO.

As discussed above, the proposed project does not involve the introduction of new usesor new physical development.

tsSubdivislon Ordinance Requirement

8204-1 O Supplemental Facil ities8204-9 Street Liqhtinq8204-8 Public Sewer Agency8204-7 Public Water Aoencv8204-6 State Hiqhways8204-5 Drainaoe Facilities and Rioht-of-Wav8204-4 Utilitv Easements8204-3 Street Riohts-of-Wav8204-2.8 E nerov Conservation8204-2.7 Setbacks8204-2.6 Buildable Site8204-2.5 Access8204-2.4 Lot Area8204-2.3 Lot Depth8204-2.2 Lot Width8204-2.1 Lot Lines

YesYesNAYesYesYesYesYesYesYesYesYesYesYesYes

YesComolies?

E. SUBDIVISION MAP FINDINGS AND SUPPORTING EVIDENCE

Planning Director Staff Report 1o¡ SD11-0017 TPM 5870

Pl a n n i n g D i rector H ea ri n g o n Se pte m be'.'l ¡31 1?

The planning Director must make certa¡n findings in order to approve the requested

subdivision. Èvaluated below is the ability to make the required findings.

1. The proposed map and design or improvement of the proposed map i1consistent with aþplicable gãneral and specific plans [S8205'5.5(a) and

(b)l.

As discussed in Section C of this Staff Report, the proposed project will be

consistent with the applicable policies of the Ventura County General Plan.

Thus, the above finding can be made.

2. The site is physically suitable for the type and proposed density ofdevelopment [$8205'5.5(c) and (d)1.

As discussed in Sections 4.10, C, and D of this staff report, the proposed

subdivision will create four lots consistent with the policies of the Ventura County

General plan and in conformance with the development standards of the Ventura

County Subdivision Ordinance. The proposed project does not include any

changês to the existing approved development on the project site' Thus, there

will be no change ¡n thã tyþe or density of development on the project site' Thus,

the site has alréady been determined through the previous permitting process to

be suitable for the type and density of development'

Based on the above discussion, the finding that the site is physically suitable for

the type and proposed density of development can be made.

3. The design of the subdivision or the proposed improvements is not likely to

cause sulstantial environmental damage or substantially and unavoidably

injure fish or wildlife or their habitat [$8205'5'5(e)]'

As discussed in Sections B and C.3 of this staff report, the project site is currently

developed with industrial uses and does not have the potential to allow new

development beyond that currently authorized on the parent 7.43 ac¡e parcel. ln

any case, the pioject site is located more than 1,000 feet from the Santa Clara

Riúer. At that disiance, new development on the proposed lots will not have the

potential to adversely affect riparian habitat located along that river.

Based on the discussion above, this finding can be made.

4. The design of the subdivision or type of improvements is not likely tocause serlous public health problems tS8205'5'5(f)l'

The subdivision does not involve new development as the subject property and the

proposed parcels are already developed with industrial uses. Existing and adequate

utilities and access roads are already designed, constructed and available to serve

5

PlanningDirectorStaffReportforSDll-0017TPM5870planningDirectorHearingonseptembZi"ri¿r.?12

the proposed parcels. No health problems associated with the design of the

prop'osed subdivision have been identified or are anticipated.

Based on the above discussion, the finding that the design of the subdivision or

type of improvements is not likely to causelerious public health problems can be

made.

The design of the subdivision or the type of improvements will not conflict

with easements, which have been acquired by the public at l3r9e- for access

through or use of the property within the proposed subdivision [s8205's.5(g)1.

There are no public use easements on the property'


The discharge of waste from the proposed subdivision into an existing

communiry ðewer system would not lesult in, or add to, a violation of

existing réquiremenis pre"cribed by the Galifornia Regional Water QualityGontrol Board [Sec 8205'5.5(h)].

The proposed project does not involve the use of a community sewer system.privaie septic rysi"ms are utilized for sewage disposal for the existing uses on

each of the proPosed lots.

Based on the discussion above, this finding can be made'

The property does not front on any public watenaray, public river, public

stream, coaåfl¡n", shoreline, or puUlicly owned take or reservoir for which

reasonable public access is not available or dedication of public easement

is necessary to ensure reasonable public use [$8205-5.5(i) & ü)].

The property does not front on any public watenruay, public river, public stream,

"o"rhinè, sñoreline, or publicly owned lake or reservoir for which reasonable

public access is not avaìlable or dedication of public easement is necessary to

ensure reasonable public use. Cummings Drain, which is located adjacent to the

project site, is a flóod control channel under the jurisdiction of the Watershed

Protection District, which is not available for public use.


The proposed subdivision is compatible with existing conditionally permitted

oifigäs leases or wells located within the subdivision f$8205'5.5(k)l'

As discussed in Section A.1O of this staff report (above), the project site is subject

to cuP 308, which was approved on April 7, 1986, for oil and gas exploration

6

7

8

9.


Pia n n i n g Di rector H eari n g on Se pte m be,

"ri ¿3?13

and production activities. None of the product¡on facilities authorized by CUP 308

are located on the project site. Furthermore, the CUP area ¡s on a port¡on of an

oil lease that covei. áppro*imately 50 Tax Assessor's Parcels. Given that the

existing project site is currently developed, and the proposed TPM will not

facilitate any new development-beyond what is currently allowed on the parent

parcel to bê subdivided, tne proposed TPM does not have the potential to

interfere with the oil and gas exploration and production activities of CUP 308.


The parent parcel or portion thereof is not subiect to a contract entered intopurslant to the California Land Conseryation Act of 1965 [S8205'5.5(l)l'

The parent parcel is not eligible for, or subject to, an existing contract entered into

pursuant to the California Land Conservation Act of 1965.


The proposed subdivision would not be detrimental to the public health,

safety oi welfare, and would not be detrimental or injurious to propeÉy orexisdng lawful uses of property in the neighborhood [$8205'5.5(m)1.

The subdivision does not involve new development as the subject property and the

proposed parcels are already developed with industrial uses. Existing and adequate

utilities and access roads are already designed, constructed and available to serve

the proposed parcels. No new effects on public health, safety or welfare associated

w¡tn tne desigh of the proposed subdivision have been identified or are anticipated'

No detrimentãl effects on the neighborhood have been identified that would result

from the proposed subdivision.


The subdivider has; record title to or contractual right to acquire title to, all

rights-of-way necessary to provide any off-site access from the subdivisionto the nearest public road [$8205-5.5(n)1.

pursuant to the documents noted on the TPM (Official Records Nos. 91'132767,92-096913, 92-154864, 92-2143210 and 93-135331), the subdivider has record

ti¡e to all rights-of-way necessary to provide any off-site access from the

subdivision to Briggs Road, which is a publicly maintained road.


The proposed subdivision is consistent with applicable provisions of the

Gounty Hazardous Waste Management Plan [S8205'5.5(o)l'

10.

11.

12.

13.

14.


Pla n n i ng D i rector Heari n g on Se ptem be,

"rl ; 3?1?

The approval and recordation of the TPM in itself, is not an activity that produces

hazardous waste. The existing development that will remain on the proposed

parcels is subject to conditions of approval to ensure that any hazardous materials

lsed on-site, and any hazardous wastes that are generated from the permitted

activities on-site, muét be handled in compliance with all applicable State and

Ventura County Fire Code regulations. Therefore, the proposed project will be

consistent with the County Hazardous Waste Management Plan'


The proposed subdivision is not Iocated within a special studies zone

established pursuant to the Alquist-Priolo Special Study Zone Act, and is inaccordance with the policies and criteria established by the State Mining and

Geology Board Pursuant to that Act [S8205'5.5(p)1.

The proposed subdivision is not located within a special studies zone established

prrru"ni to the Alquist-Priolo Special Study Zone Act (Ventura County General

PlanHazards Appendix, June 28,2011 Edition, Figure 2-2.3b)-


The proposed subdivision is not located adjacent to or does not contain a

potentiai Gutturat Heritage Site or a Designated Site that has received a

bertificate of Appropriatãness from the Ventura Gounty Gultural HeritageBoard fS8205-5.s(q)1.

As discussed in Section C.5 of this staff report (above), the proposed subdivision

is not located adjacent to, and does not contain, a potential Cultural Heritage Site

or a Designated Site.


F. PLANNING DIRECTOR HEARING NOTICE AND PUBLIC COMMENTS

The planning Division provided public notice regarding the Planning^Director hearing in

accordance litn the Government Code (565091) and Ventura County Subdivision

Ordinance (56205-5.1). The planning Division mailed notice to owners of property within

300 feet of the subjeci project site añd placed a legal ad in the Ventura County Star. As

of the date of this document, we have not received any comments.

G. RECOMMENDED ACTIONS

Based upon the preceding analysis and information provided, Planning Division Staff

recommends that the Planning Director take the following actions:

Planning Director Staff Report Íor SD11-0017 TPM 5870

Pianning Director Hearing on September 27,2012 of 18

1. CERTIFY that the Director has reviewed and consldered this staff report and all

exhibits thereto, including the proposed Addendum (Exhibit 4) and has considered

all comments received during the public comment process;

2. FIND, based on the whole of the record before the Planning Director there is no

substantial evidence that the project will have a significant effect on the

environment and that the Mitigated Negative Declaration, as augmented by the

Addendum, reflects the Planning Directo/s independent judgment and analysis;

3. ADOPT the Mitigated Negative Declaration as augmented by the Addendum;

4. MAKE the required findings to approve a tentative parcel map pursuant to Section

8205-5.5 of the Ventura Õounty Subdivision Ordinance, based on the substantial

evidence presented in Section E of this staff report and the entire record;

5. APPROVE Tentative Parcel Map No. 5870 (Case No. SD11-0017), subject to the

conditions of approval (Exhibit 5);

6. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.

Victoria Avenue, Ventura, CA 93OOg is the location, of the documents and materials

that constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the Planning

Commission within 10 calendai days after the map has Þ.een approved, conditionally

approved, or denied (or on the following workday if the lOth day falls on a weekend or

noiiOay). Any aggrieved person may file an appeal of the decision with the Planning

Division. fnê plãnning Division shall then set a hearing date before the Planning

Commission to review the matter at the earliest convenient date.

lf you have any questions concerning the information presented above, please contact

Debbie Morrisset at (805) 654-3635 or debbie. morrisset@ventu ra.org.

Prepared by: by

ç

Morrisset, Case PlannerResidential Permits SectionVentura County Planning Division

EXHIBITSExhibit 2 - Ae¡ial Location, General Plan and Zoning Designations, and Land Use Maps

Exhibit 3 - Tentative Subdivision Map 5870Exhibit 4 - Draft Addendum to the MNDExhibit 5 - Conditions of APProvalExhibit 6 - Assessor's Parcel maP

Brian R. Baca, ManagerVentura County Planning Division

Ventura CountyResourcê Management Agency

lnformation SystemsDate Printed: Osll'l 12012

County of VenturaPlanning Director Hearing

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County of VenturaPlanning Director Hearing

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Exhibit 2 - General Plan & Zoning

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County of VenturasD11-0017 TPM5870

PD Statf RePortExhibit 3 tentative maP

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county of venturaRESOURCE MANAGEMENT AGENCY

A.


Building "C"(4,900 sf) andBuild D

County of VenturasD11-0017 TPM5870

PD Staff RePortExhibit 4 Addendum

. An automobile and truckdismantling yard, general scraPmetal recycling operation(predominately vehicle scraP

, and auto refurbishi

Planning DivisionKimberly L. Prillhart

Director

M|T|GATED NEGATTVE DECLARATTON (MND) - ADDENDUM

1. Entitlement: The applicant requests approval of a four lot Tentative Parcel Map("TPM") Case No.. SDl 1-0017 (TPM 5870).

2. Applicant: Mr. Robert Gibson, MRRg18, LLC,830 E. Santa Clara Street,Ventura, CA 93001

3. Pro ners: MRR91B , LLC, 830 E. Santa Clara St., Ventura, CA 93001

4. Location: 918-A through E Mission Rock Road, Santa Paula

5. Assessor's Parcel Number: 090-0-110-450

6. Lot Size: 7.43 acres

7. Ge neral Plan Land Use Desiqnation: Existin g Community

8. Zoninq iqnation: "M3-10 ,000 sq. ft." (General lndustrial, 10,000 square feetminimum lot size)

9. Proiect Description: Project Description: The applicant requests approval ofa Tentative Parcel Map (TPM 5870) to subdivide a7.43-acre parcel into fourparcels, as follows:

. Parcel 1 will be 1.25 ac. (54,450 sf net) in size;

. Parcel 2 will be 1 .73 ac. (75,359 sf net) in size;

. Parcel 3 will be 2.28 ac. (99,317 sf net) in size; and,

. Parcel 4 will be 2.17 ac (94,525 sf net) in size.

Table 1 summarizes the buildings and uses that are discussed in Section 4.10 ofthis staff repoft (above), which will continue to exist on the proposed parcelsshown on the proposed TPM (Exhibit 3).

Table 1 - Existin Devel ment to Remain on the Pro Parcels of TPM 5870*

The following existing uses willcontinue to occur on each proPosedlot:

@

3

2

1



Building "8"(4,900 sf)


of the Proposed ParcelsUses

800 South Victoria Avenue, -2481 Fax (805) 654-2509,r@aYrç7

MND - Addendum

TPM Case Nos. TPM 5870/SD11-0017SePtember 27,2012

Page2 ot 7

. See Exhibit 3 the proPosed parcels, ings, structures listed in able 1

"*sf = square feet

Bc

santa Paula water works will continue to provide water service to the exist¡ng

uses on the proposed four parcels' on-site septic systems . will continue to

provide sewage disposal-servi;; fãr existing buìtdings associated w¡th LU10-

0018. The installation of on-sñe septic syõtems foi each of the approved

buitdings tor r_uió-é065 and LUl0-0066 were previously approved under permit

Ll)07-0022. The existing improveá ioads, Mission Rock Road' Pinkerton Road'

Briggs Road an¡ state'Higtr*ay-126 provide access to the proposed 4 parcels'

As each of thË proposed iott ,i" curiently developed with buildings' structures'

and uses, no new development þ g., gr"ding, tree or native vegetation removal'

or installation of utilities) w¡lt occurîoi ir n"i" development required to facilitate

the proposeO sunà¡uisioñ and .ot'tinu"¿ use of the proposed parcels (Exhibit 3)'

. STATEMENT OF ENVIRONMENTAL FINDINGS:

on August 30, 1990, the Planning commission . adopted a Mitigated Negative

Declaration (MND) that evaluated t"he environmental impacts-of the operation of

multiple M-3 (G;i"iãL lnorrtriat zone¡ uses in the 4ission Rock Road "Existing

community,, area. There e ""irúng

and proposed salvage yards, several

contractor,s service and s " "Ë;;ilãnr,' án

'o.ir 'waste water treatment, several

vehicle wrecking yards, a concrete manufacturing plant 9n .pt9P."rties located

within the Mission'no.ï Road ,,er¡rtlnä cämmunitv" ihä MND identified potentially

significant cumulative im roteðtion' floodplain management' and

access and circulation' ssion adopted mitigation measures for

the entire community that I of the usäs in the Mission Rock Road

area, in order to reduce eac tion to the cumulative impacts to a less

tnãn'.rtulatively considerable level'

ln April 2oo1,the Planning Commjssion adopted an Addendum to the MND for a 10-

year time ext"nJion øitÀã 1+ ønd-uê "nätlår.nts

that were the subject of the MND'

4


(4,900 sf),

Building "E"(4,800 sf) and12,000 gallonpropanestorage andwholesaledistributiontank

o Contractor storage Yard

. Wholesale and retail sales ofsalvaged automobile Parts ofvehicles and auto auctions to

licensed dealers onlY, no morethan once a week during daY light

hours, not to exceed the amount of

available on-site parking provided;

and,

o The storage, loading, and

unloading of vehicles and scraP

metal materials onlY within the

boundaries of the arca.

MND - AddendumTPM Case Nos. TPM 5870/SD11-0017

SePtember 27,2012Page 3 of 7

which included cup case No. 4204, the use perm¡t applicable to the parcel being

subdivided

section 15164(b) of the state CEQA Guidelines (Title 14, California code of

Regulations, Chapteì 3) states that the decision-making body may adopt an addendum

to ãÀ ádopted UñO if: (1) only minor technical changes or additions are necessary;

;;J; (ii irone of the .àáOit¡ont described in Sectión 15162 of the State CEQA

Guiderines cailing ioi fl.r" preparation of an environmentar impact report ("ElR") or

subsequent negative declaration have occurred'

The conditions described in section 15162 0f the state CEQA Guidelines which

require the preparation of a subsequent MND are .provided below' along with a

discussion aå to why a subsequent MND is not required:

1. Substantial changes are proposed in the project which will require maior

revisions of tñË "ptãvious'fVlÑO due to the involvement of new significant

environmental effects or a substantial increase in the severity of previously

i dentified si g n ificant effects tS1 51 62(aX1 )l ;

The project site is currently permitted and used for auto salvage, recycling' and

storage facilities. As disóuised ãbove (Section A'9, Project Description)' the

proposed project consists of a requést to'subdivide the existing 7 '43 acre parcel

into four parcels that will .orr"rpoñd with each of the four auto salvage' recycling'

andstoragefacilitiesthatwerepermittedaspartofMinorModificationCaseNo'LU.l0-001g. one of these facilities was grantàd

".permit adjustment to'authorize

,tor"g" activities related to a class ll oilfield waste disposal operation'

All of the existing uses and permitted, future uses will be located within areas that

were previousty analyzed in the oi'gi;a1 MND- and an addendum to the MND that

the planning bit"ðtä, adopted fo"r Minor Modification Case No' LU10-0018'

Therefore, there will be no substaniial change in the existing land uses as a result

theproposedprojectandthesubdivision-willnotcreateanynewsignificantenvironmental imoäcts that were not identified in the previous MND'

As discussed above, the MND identified potentially signifìcant ,but mitigable

impacts relating to fire proteciion, floodplåin .management' and access and

circulation. As a mitigation r""*rå ánd condition of ãpprova.l for all permits in

the Mission Rock Road cottuÃity, " Þioptttv o¡rners Association was created

to implement a communit'-wiOe''åpprorð¡ tb tire protection issues, flooding

problems, and traffic access and ðirculation problems which exist within the

Mission Rock Road corrrn¡iy i; mitigate the significant cumulative

environmentri itp".ts, the n¡iss'ión Rock noãO Propertv Owners Association

(,,MRR poA,) iffi¿d ?F .rãóoroeo codes, covena ts, and Restrictions

(,,cc&Rs") *íi.n-i"quire tre_imfrámãnt"tion and maintenance of the approved

Road tmprovement' Plan, Drainage lmprovement Plan and fire protection

facilities'

MND - Addendum


Page 4 of 7

Based on a letter from carolyn J. Abul-Haj, Managing Agent for.the MRR POA'

to the planning division, OãteO November 4, 2010, the required communityintained and implemented in order tolative environmental impacts' Each

k Road CommunitY is current in the

he MRR POA which funds the services

nage, and fire protection facilities' The

proposed TPM will not remove or chang" !h9 condjtions of Minor Modification

Case No. Lulo-gôr8, which included ðonditions of approval that.require the

subdivider ano ,uúsãquent property owners of the four proposed parcels to

óðniinr" to particifaiã in tf't"'n¡nn ÉOn to ensure that the roadways, drainage'

and fire protection iácilities are maintained pursuant to the requirements of the

mitigation measures in the MND'

ict ("Fire") reviewed the proposed

2011). Fire determined that the

or additional development, and will

increase the severity of impacts related

te a significant imPact related to

emergency response (tactical public roads and driveways that

provide access to the project Fire Access standards' Fire did

not recommend any ïn¡tigati res or conditions of approval for the

proposed TPM.

The CountY of Ventura, Publi

(collectively, "WPD") evaluated

Àazards and water resources' T

Agency (FEMA)' The 1% annual

feet NAVD 1988 (southern Pr

propertY).

d bY the CountY of Ventura'

MND - Addendum


Page 5 of 7

The wpD water and Environmental Resources Division (Memo from Ewelina

Mutkowska, dated Ãrgrrt 3,2011) determined that the proposed proj.ect's impacts

on surface watei ô"uáiity'will bã less than significant because the proposed

project is not "*p"Ëi"O

io result in a violation of any surface water quality

ltanoaros as defined in the Los Angeles Basin Plan.

e Santa Clara riverbed (Reach 3) and

zone AE)' This reach of the Santa

r Act section 303(d) list of impaired

imPairments to Reach 3 of the Santa

clara River from total dissolved solids, toxicity, ammonia and chloride'

the site is ProPosed as a Part of the

roposed parcels will continue to be

or Modification Case No'LU10-0018'subdivider and subsequent owners to

water qualitY.

Tom Wolfington, dated

to the Cummings Road

located along the west

proPosed to be subdivided'

and the Cummings Road Drain'

Finally,theCountyofVentura,PublicWorksAgency,TransportationDepartment(collectively, ,,Transportation o"p.ñrlni'l rãu¡"i"oine proposed project (Memo

irom Behn6 ÉÅäri Jateo JLV äi, 201D. The Transportation Department

MND - AddendumTPM Case Nos. TPM 5870/SD11-0017

SePtember 27,2012Page 6 of 7

determined that this project will not generate any additional traffic and, therefore,

there will be no adversé traffic impacts on the County's Regional Road Network

and/or local street system relating to the level of service and public

pedestrian/bicYcle facil ities.

Therefore, the proposed project will not involve any new significant environmental

impacts or an incr"ar" in the severity of the potentially significant environmental

imþacts that were identified in the MN'D, and will not require major revisions to the

MND.

2. Substantial changes occur with respect to the circumstances under which

the project is unà'ertaken which will require major revisions of the previous

rvlruó oue to the involvement of new significant environmental effects or a

substantial increase in the severity of préviously identified significant effects

[$15162(a)(2)]; or'

The environmental conditions that existed at the project site at.the time the

county prepared the MND have not changed to the extent that the proposed

TpM will require major revisions of the previous MND. As discussed above, the

proposed project doês not involve the introduction of new development into the

project site, and all of the existing and permitted future development that will be

allowed on the proposed prt.élt were previously evaluated.as part of .apreviously aOopteã fViftf O. ln addition, there are no new reasonably foreseeable,

recently tpptoüåá, or possible future projects within the Mission Rock Road area

that either were not aàalyzed in the lr¡tlO or would result in the project making a

cumulatively considerablä contribution to a significant cumulative impact that was

not analyzed in the MND. ln addition, no previously unknown resources have

been ideîtified that would require major revisions of the MND'

ln summary, no substantial changes in circumstances or new significant effects

have been iOeni¡tieO that require major revisions to the previous MND'

3. New information of substantial importance, which was not known and could

not have been known with the exeicise of reasonable diligence at the time the

Planning commission adopted the previous MND, shows any of the

following:

a.Theprojectwillhaveoneormoresignificanteffectsnotdiscussedinthepreviouè MND tS15162(a) (3) (A)l'

No new information or mitigation measures that were unknown and could not

have been known when the MND was adopted have become available' The

environmental conditions that currently exist on-s.ite are substantially the same

as those that existed at the time at *ñ¡.f' the MND and addenda to MND were

prePared and adoPted'

rPM case N", rP#|8?t,#ÎÎ:f%iTSePtember 27,2012

Page 7 of 7

Based on the information provided above, there is no substantial evidence to warrant

tn" pi"páration of an EIR or subsequent MND. The proposed subdivision will not:

create any new environmental impácts that were not previously addressed in the

MND; inciease the severity or change the

identified in the MND; or, require any m

proposed project meets the criteria for aihe'Planning Director shall consider this

decision on the Project'

C. PUBLIC R EW:

Pursuant to the CEQA Guidelines tS15164(c)1, this addendum to the MND does not

need to oe circutaieã for public t"ui"*, and shall be included in, or attached to, the

Kimberly L. Prillhart, DirectorVentura CountY Planning Division

adopted MND

Prepared by:

Debbie Morrisset, Case Planner Brian R. Baca ManagerVentura CountY Planning Division

Residential Permits SectionVentura CountY Planning Division

The Planning Director finds that this Addendum has been completed in compliance with

the Californiã Environmental Quality Act'

Date

EXHIBIT 5 - CONDITIONS OF APPROVAL FOR TPM 5870

GASE NO. SD11-0017

RESOURCE MANAGEMENT AGENCY (RMAI CONDITIONS

l. Planninq Division (PL) Conditions

1. Proiect Description:

The applicant is requesting approval of a Tentative Parcel Map (TPM 5870) tosubdivide a7.43-acre parcel into four parcels, as follows:

. Parcel 1 will be 1.25 ac. (54,450 sf net) in size;o Parcel 2 will be 1.73 ac. (75,359 sf net) in size;o Parcel 3 will be 3.19 ac. (138,956 sf net) in size; and,. Parcel 4 will be 1.22 ac. (53,143 sf net) in size.

Table 1 summarizes the buildings and uses that are discussed in Section 4.10 ofthis staff report (above), which will continue to exist on the proposed parcelsshown on the proposed TPM (Exhibit 3).

Table I - Existin Develo ment to Remain on the Pro Parcels of TPM 5870*

4

3

2

1

ProposedParcel





AddressBuildings

andStructures**

Building "E"(4,800 sf)and12,000 gallonpropanestorage andwholesaledistributiontank

Building "C"(4,900 sf)andBuilding "D"(4,900 sf),



The following existing uses willcontinue to occur on each proposedlot:

An automobile and truckdismantling yard, general scrapmetal recycling operation(predominately vehicle scrapmetal), and auto refurbishing;

a contractor's service andstorage yard;

o Wholesale and retail sales ofsalvaged automobile parts ofvehicles and auto auctions tolicensed dealers only, no morethan once a week during day lighthours, not to exceed the amount ofavailable on-site parking provided;and,

a

a

Uses of the Proposed Parcels

Conditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC.

Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 2 o1 12

* See Exhibit 3 proposed parcels, buildings, and structures listed in Table 1

*"sf = square feet

Santa Paula Water Works will continue to provide water serv¡ce to the existinguses on the proposed four parcels. On-site sept¡c systems will continue toprovide sewage disposal services for existing buildings associated with LU10-0018. The installation of on-site septic systems for each of the approvedbuildings for LU10-0065 and LU10-0066 was previously approved under permitLU07-0022. The existing improved roads (Mission Rock Road, Pinkerton Road,Briggs Road and State Highway 126) provide access to the proposed 4 parcels.As each of the proposed lots are currently developed with buildings, structures,and uses, no new development (e.9., grading, tree or native vegetation removal,or installation of utilities) will occur as part of the requested subdivision. Also, nonew construction is required to facilitate the proposed subdivision and continueduse of the proposed parcels (Exhibit 3).

The grading, development, use, and maintenance of the property, the size, shape,arrangement, and location of structures, parking areas and landscape areas, and theprotection and preservation of resources shall conform to the project description aboveand all approved County land use hearíng exhibits in support of the project andconditions of approval below. (PL-1)

2. Defense and IndemnitvAs a condition of TPM issuance and use including adjustment, and or modification,thereof, the Subdivider agrees to:

a. Defend, at the Subdivider 's sole expense, any action brought against theCounty by a third party challenging either the County's decision to issue thisTPM, and

b. lndemnify the County against any settlements, awards, or judgments,including attorney's fees, arising out of, or resulting from, any such legalaction. Upon written demand from the County, the Subdivider shallreimburse the County for any and all court costs and/or attorney's feeswhich the County may be required by a court to pay as a result of any suchlegal action the Subdivider defended or controlled the defense thereofpursuant to Section 13(a) above. The County may, at its sole discretion,participate in the defense of any such legal action, but such participationshall not relieve the Subdivider of the Subdivider's obligations under thiscondition.

Neither the approval of the TPM or recordation of the final PM, norcompliance with the conditions thereof, shall relieve the Subdivider from anyresponsibility otherwise imposed by law for damage to persons or property;nor shall the recordation of the final PM serve to impose any liability upon

o The storage, loading, andunloading of vehicles and scrapmetal materials only within theboundaries of the permit area.

Gonditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC.

Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 3 of 12

the County of Ventura, ¡ts officers, or employees for injury or damage topersons or property.

Except with respect to the County's sole negligence or intentionalmisconduct, the Subdivider shall indemnify, defend, and hold harmless theCounty, its officers, agents, and employees from any and all claims,demands, costs, and expenses, including attorney's fees, judgments, orliabilities arising out of the subdivision described in Condition No. 1 as itmay be subsequently modified pursuant to the conditions of this TPM. (PL-13)

3. lnvalidation of Condition(s)lf any of the conditions or limitations of this TPM are held to be invalid, that holding shallnot invalidate any of the remaining TPM conditions or limitations. ln the event thePlanning Director determines that any condition contained herein is in conflict with anyother condition contained herein, then where principles of law do not provide to thecontrary, the conditions most protective of public health and safety and naturalenvironmental resources shall prevail to the extent feasible.

ln the event that any condition imposing a fee, exaction, dedication, or other mitigationmeasure is challenged by the Subdivider in an action filed in a court of law, orthreatened to be filed therein, which action is brought in the time period provided for bythe Code of Civil Procedures ($1094.6), or other applicable law, this PM shall beallowed to continue in force until the expiration of the limitation period applicable to suchaction, or until final resolution of such action, provided the Subdivider has, in the interim,fully complied with the fee, exaction, dedication, or other mitigation measure beingchallenged.

lf a court of law invalidates any condition, and the invalidation would change the findingsand/or the mitigation measures associated with the approval of this TPM, at thediscretion of the Planning Director, may review the project and impose substitutefeasible conditions/mitigation measures to adequately address the subject matter of theinvalidated condition. The Planning Director shall make the determination of adequacy.lf the Planning Director cannot identify substitute feasible conditions/mitigationmeasures to replace the invalidated condition, and cannot identify overridingconsiderations for the significant impacts that are not mitigated to a level ofinsignificance as a result of the invalidation of the condition, then this TPM may berevoked. (PL-14)

4. Consultant Review of lnformation and Consultant WorkThe County and all other County permitting agencies for this land use have the option ofreferring any and all special studies that these conditions require to an independent andqualified consultant for review and evaluation of issues beyond the expertise ormanpower of County staff

Prior to the County engaging any independent consultants or contractors pursuant tothe conditions of this TPM, the County shall confer in writing with the Subdivider

Gonditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC.Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 4 ol 12

regard¡ng the necessary work to be contracted, as well as the costs of such work.Whenever feasible, the County will use the lowest bidder. Any decisions made byCounty staff in reliance on consultant or contractor work may be appealed pursuant tothe appeal procedures contained in the Ventura County Zoning Ordinance Code then ineffect.

The Subdivider may hire private consu¡tants to conduct work required by the County,but only if the consultant and the consultant's proposed scope-of-work are first reviewedand approved by the County. The County retains the right to hire its own consultants toevaluate any work that the Subdivider or a contractor of the Subdivider undertakes. lnaccordance with the information listed above, if the County hires a consultant to reviewany work undertaken by the Subdivider, or hires a consultant to review the workundertaken by a contractor of the Subdivider, the hiring of the consultant will be at theSubdivider's expense. (PL-1 5)

5. Existins Discretionarv Land Use PermitsThe terms and conditions of all discretionary land use permits (PDs and CUPs) on thesubdivided parcel shall remain in full force and effect after the recordation of the TPM.(PL Custom 1)

6. Conditions of Aooroval and Mao NotationsThe conditions of approval for this TPM supersede all conflicting notations,specifications, dimensions, typical sections and the like which may be shown on saidmap. All of the provisions of the Subdivision Map Act, Ventura County SubdivisionOrdinance and adopted County policies are applicable to this subdivision. (PL-63)

7. Tentative Parcel Map ExpirationThe Tentative Map shall expire in accordance with Section 8205-8 of the VenturaCounty Subdivision Ordinance, Section 66452.6 of the Subdivision Map Act, and anysubsequent amendments as may be applicable to the proposed subdivision. Unless aFinal Map is filed with the County Surveyor prior to expiration of the correspondingtentative map, all proceedings shall terminate upon such expiration, and any subdivisionof the land shall require the filing and processing of a new tentative map. Saidapplication shall be identified as a previously approved, but now expired map. A finalParcel Map may be recorded after the expiration date of the tentative map if said finalParcel Map was filed with, the County Surveyor prior to the expiration date. Approval ofa minor or major modification of the tentative map shall not affect the expiration date ofa tentative map in accordance with VCSO Section 8205-8.3.Acceptance of Conditions

Recordation of the Parcel Map shall constitute acceptance by the Property Owner/Subdivider and all successors in interest of all conditions of approval for this TentativeParcel Map. (PL-65)

8. Tentative Parcel Map ModificationAn approved Tentative Parcel Map, or the conditions of approval of a Tentative Map,may be changed upon the approval of a map modification application by the Countydecision-maker (Planning Director or Planning Commission) pursuant to Section 8205-7

Conditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC.Planning Director Hearing: September 27 ,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 5 oÍ 12

of the Ventura County Subdivision Ordinance. Approval of a minor or major modificationdoes not affect the expiration date of the tentative map as specified in Section 8205-8.3of Ventura County Subdivision Ordinance. (PL-66)

L Permit Processing FeesPrior to recordation of the final Parcel Map, all County processing fees billed to datemust be paid. After recordation of the final Parcel Map, any final processing fees mustbe paid within 30 days of the billing date. (PL-67)

10. Requirements of Other AqenciesTentative Map approval shall not relieve the Subdivider of the responsibility of securingand complying with any other permit that may be required by other County ordinances,or state or federal laws. No conditions of this map shall be interpreted as permitting orrequiring any violation of law, or any lawful rules, regulations, or orders of an authorizedgovernmental agency. ln instances where more than one set of rules apply, the stricterones shall take precedence. Map design shall comply with all applicable requirementsof federal, state, and local authorities and all such requirements shall, by reference,become conditions of this permit. (PL-68)

11. Defense Costs and lndemnificationExcept in the case of the County's sole negligence or intentional misconduct, theProperty Owner /Subdivider shall defend, indemnify and hold harmless the County andits commissions, agents, officers and employees from any and al! claims, demands,costs, expenses, including attorney's fees, action or proceeding, and judgments ofliabilities pertaining to any action by the County regarding the proposed subdivisionmap. The County will promptly notify the Property Owner of any such claim, action orproceeding. The County may, at its unlimited discretion, participate in the defense of theCounty's action on the proposed subdivision map.

The Property Owner's/ Subdivide/s obligations under this condition shall applyregardless of whether a final Parcel Map is ultimately recorded. (PL-69)

PUBLIC WORKS AGENCY (PWA) Gonditions

lnteqrated Waste Manaqement Division (lM12. Waste Diversion & Recvcling Requirement

Purpose: To ensure the project complies with Ordinance No. 4308. Ordinance 4308pertains to the diversion of recyclable materials generated by this project (e.9., paper,cardboard, wood, metal, green waste, soil, concrete, plastic containers, beveragecontainers) from local landfills through recycling, reuse, or salvage. Ordinance 4308 canbe reviewed at www.wasteless.orq/ord.4308.

Requirement: Ordinance 4308, Sec 4770-2.2, requires the Subdivider to work with a

County-franchised solid waste hauler who will determÍne the level of service required to


Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa Paula

Date of Approvat: Page 6 of 12

divert recyclables generated by their project from local landfills. For a complete list ofCounty-franchised solid waste haulers, go to: www.wasteless.orq/commercialhaulers.

Documentation: The Subdivider must maintain copies of their bi-monthly solid wastebilling statements for a minimum of one year. The address on the billing.statement mustmatch the address of the permitted business.

Timing: Upon request, the Subdivider must provide the IWMD with a copy of a currentsolid waste billing statement to verify compliance with this condition.

Monitoring and Reporting: Upon request, the Subdivider shall allow IWMD staff toperform a free, on-site, waste audit to verify recyclable materials generated by theirbusiness are being diverted from the landfill. (IWMD-1)

13. Collection and Loadinq Areas for Refuse and RecvclablesPurpose: To comply with the California So/rd Waste Reuse and Recycling Access Acfof 1991 (CA Public Resources Code 42900-42901).

Requirement The Subdivider shall adhere to the County's Space Allocation Guidelineswhich include minimum space requirements for refuse and recycling bins andrecommend aesthetic, gated, trash enclosures. Please review the County's SpaceAttocation Guidetines at www.wasteless.orq/spaceallocationquidelines. For SpecialEvents: The Subdivider shall provide adequate trash and recycling containers at allSpecial Events, and ensure all food, trash, and recyclables are removed from theproperty following each event.

Documentation: The Subdivider shall submit a site plan to the IWMD indicating thelocation of a trash enclosure or a designated area with sufficient space to accommodaterefuse and recycling bins necessary to meet the needs of the project.

Timing: Prior to lssuance of a Zoning Clearance for Construction or Use Inauguration,the Subdivider must submit a site plan to the IWMD for approval indicating the locationof a trash enclosure or designated area on the property for refuse and recycling bins.For Special Events: Prior to any scheduled Special Event, the Subdivider shall arrangefor temporary trash and recycling containers.

Monitoring & Reporting: Upon request, the Subdivider shall allow IWMD staff to verifya trash enclosure area has been constructed on the premises. For Special Events:The Subdivider shall, upon request, provide evidence temporary trash and recyclingcontainers were provided at Special Events hosted on the property (i.e., dated cateringservice receipts, dated solid waste collection bills). (IWMD-4)

14. CommerciatVehicles and Equipment - Used Oil RecvclinqPurpose: To ensure the recycling of motor oil and oil filters, and the removal ofantifreeze from commercial vehicles and equipment.

Requirement: The Subdivider shall ensure compliance with state and federalhazardous waste regulations. See:http://www.calrecycle.ca.gov/UsedOil/PolicvlaWdefault.htm. The Subdivider shall


Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 7 of 12

contract with a registered hazardous waste transporter to ensure motor oil, oil filters,and antifreeze generated by their business is taken to a registered used oil recyclingfacility. A list of registered hazardous waste transporters is available at:http://www.dtsc.ca.qov/database/Transporters/Trans000.cfm. A list of registered usedoil recycling facilities is available at:

Documentation: The Subdivider is required to maintain original billing statementsgenerated by their registered hazardous waste transporte(s) to verify compliance withthis condition.

Timing: Original billing statements must be kept on file for a minimum of three years.

Monitoring and Reporting: Upon request, the Subdivider shall provide copies ofcurrent billing statements to the IWMD to verify that used motor oil, oil filters, andantifreeze generated by vehicles and equipment that are permitted for use by this CUP,are properly recycled. (IWMD-5)

15. Automobile & Truck Tire Diversion - Reuse or RecyclinqPurpose: Ordinance 4308 requires the Subdivider to divert recyclable materials (e.9.,tires, wood, metal, green waste, soil, concrete, paper, cardboard, plastic containers,etc.) from local landfills through recycling, reuse, or salvage. Review Ordinance 4308 at:www.wasteless.orq/ord4308. A list of facilities authorized to recycle tires is available at:www. cal recycle.ca.qov/tires/facilities/search/defau lt.asp.

Requirement: The Subdivider must ensure waste tires from this project are notdisposed at a landfill when tire recycling and/or salvage (reuse) options exist, and thecost of tire recycling and/or salvage does not exceed the cost of landfill disposal.

Documentation: The Subdivider must submit a quarterly report to the IWMD thatincludes the following information:

a. The number of tires removed from salvaged vehicles and sold for reuse in theprevious quarter based on sales receipts.

b. The weight of waste tires recycled in the previous quarter based on registeredwaste tire hauler manifests or tire recycling facility receipts.

c. The weight of tires disposed at a landfill in the previous quarter based onlandfill receipts.

d. The jurisdiction of origin of all tires disposed at a landfill.e. Copies of receipts from registered waste tire haulers, sales receipts, and/or

landfill receípts must be included in the Subdivider's quarterly report to theIWMD to verify reuse, recycling, or landfill disposal of waste tires occurred.

Timing: A quarterly report must be received by the IWMD no later than 30 days afterthe close of the previous quarter.

Monitoring and Reporting: Upon request, the Subdivider shall allow IWMD staff toperform a free, on-site, waste audit to ensure waste tires generated by this project aresalvaged for reuse, recycled, or disposed in a landfill. (IWMD-6)

Gonditions for Tentative Parcel Map 5870 Case No. SDl l-0017 Permittee: MRR918, LLC,

Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 8 o1 12

PWA- Water and Environmental Resources Division

16. Compliance with General Ind ustrial Permit No. CAS000001 Req uirementsPurpose: To ensure the proposed separate legal parcels maintain compl¡ance with allwater qual¡ty provisions in accordance with NPDES General Permit (No. G4S000001),Waste Discharge Requirements for Discharges of Stormwater Runoff Associates withI nd ustrial Activities.

Requirement: Proper filing of all compliance documents required under the NPDESGeneral lndustrial Stormwater Permit (No. CAS000001).

Documentation: The Subdivider shall prepare and submit the following items to theWatershed Protection District for review upon request:

a. Current Notice of lntent (NOl) in accordance with the State WaterResources Control Board requirements under the NPDES General IndustrialStormwater Permit (No. C4S000001) for each facility operator;

b. Gurrent Stormwater Pollution Prevention Plan (SWPPP) for each facility in

accordance with the State Water Resources Control Board requirementsunder the NPDES General lndustrial Stormwater Permit (No. C4S000001);and,

c. Annual Report including sampling results in accordance with the StateWater Resources Control Board requirements under the NPDES Generallndustrial Stormwater Permit (No. CAS000001) for each facility.

Timing: The above listed items shall be submitted to the Watershed Protection Districtfor review prior to the issuance of a Zoning Clearance or Recordation of a Parcel MapWaiver or Parcel Map.

Monitoring and Reporting: Watershed Protection District staff will review thesubmitted materials for consistency with the NPDES Permit and provide ongoingverification through the lndustrial and Commercial Business lnspection Program.Current and site-specific SWPPPs shall be kept on-site for periodic review by Countyinspectors for each facility. (WO-1)

Encroachment and Watercourse Permits Section (EWP) Condition

17. Watercourse Permit for lmpacts to Jurisdictional ChannelsPurpose: To comply with the Ventura County Watershed Protection District OrdinanceWP-1, as amended, and Ventura County General Plan Polides 2.10.2 and 4.6.2, andmitigate potential impacts such as obstructing, impairing, diverting, impeding, or alteringthe characteristics of the flow of water to jurisdictional channels.

Requirement: The Subdivider shall obtain a Watercourse Permit. The permit

application shall include the following:

a. Construction plans prepared, signed, and stamped by a California licensedcivil engineer including but not limited to, a site plan depicting general

Conditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC,Planning Director Hearing: September 27 ,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 9 ol 12

drainage trends, existing and proposed topography and elevations,proposed improvements in both plan and profile, and construct¡on detailsthat meet the standards of the Public Works Agency and the WatershedProtection District;

b. Site specific hydrology for existing and proposed conditions that conforms tothe Watershed Protection District's Hydrology Manual;

c. Hydraulics using a methodology and/or computer model applicable to theproposed improvements and acceptable to the Watershed ProtectionDistrict. Such models include HECRAS and WSPG, latest editions. Modelsmust incorporate all project aspects, including landscaping and vegetativemitigation and be performed on a sufficient channel length to show allproject impacts;

d. lssuance of an Encroachment or Watercourse Permit may also require aCalifornia licensed civil engineer to perform a sediment transport study,and/or a detailed scour analysis for the proposed improvements and/or forthe adjacent jurisdictional channel;

e. lssuance of an Encroachment or Watercourse Permit may also require theperformance of a detailed geotechnical study by a California licensedgeotechnical engineer or engineering geologist. The extents of the studyand analysis are job specific;

f . lssuance of an Encroachment or Watercourse Permit may also require thesubmittal of structural calculations and plans prepared, signed, and stampedby a California licensed structural or civil engineer. The structuralcalculations may be required on the improvement project as well as on theexisting Watershed Protection District facility to determine impacts resultingfrom changes such as changes in loading, changes in surcharge, changesin surface use, and changes in design criteria.

g. lssuance of an Encroachment or Watercourse Permit may also requirelandscaping plans prepared, signed, and stamped by a licensed landscapearchitect. The plans shall include but not be limited to, a description of eachplant species, the number and container size of each plant in the plantpalette, a plan view depicting an accurate mature canopy and density of theplantings, locations and groupings of each plant in the plant palette andschematic and information on all planned irrigation. ln all instances, non-invasive native vegetation is given preference in the review process;

h. lssuance of an Encroachment or Watercourse Permit may also require adetailed Mitigatíon Plan and Report. This shall include the proposedmitigation and monitoring requirements of other regulatory agencies, adetailed description of the existing habitat prior to disturbance including aninventory of existing plants, location and frequency of occurrence, and theproposed mitigation and monitoring plan. This plan shall include the sameelements as required for the landscape plans listed in subsection "9"; and,

i. lssuance of an Encroachment or Watercourse Permit may also require thededication of property in either easement or fee to the Watershed ProtectionDistrict. Examples of projects where the Watershed Protection District will

Conditions for Tentative Parcel Map 5870 Case No. SD1 1-0017 Permittee: MRR918, LLC.Planning Director Hearing: September 27 ,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page l0 oI 12

require the dedication of property include areas where the WatershedProtection District has identified capital improvement projects, areas wherethe Subdivider is constructing projects that the Watershed Protection Districtwill own and maintain following project acceptance, areas where there areidentified channel or infrastructure deficiencies, where the easement isnecessary to protect the bed, banks, and overflow areas of a channel, andareas that are inundated in a 100-year flood event. The property to bededicated to the District either by easement or fee shall be prepared by acivil engineer or land surveyor licensed to practice in California and shallinclude closure calculations and a legal description and exhibit completewith metes and bounds. All fee property shall be offered free and clear ofany prior easements or rights-of-way, liens, and encumbrances fordedication to the Watershed Protection District. Existing easements withinProperty offered for dedication to the District, either fee or easement, mustbe subordinated on the subdivision map or by separate document.Subordination letters from the easement holders shall be included in themap check package or by separate transmittal to the District.

Documentation: A Watercourse Permit application package shall be prepared andsigned by the Subdivíder or a duly authorized agent and submitted to and logged by theWatershed Protection Permit Section.

Timing: The Permit Section Manager shall review and approve the project constructionplans and all applicable special studies such as hydrology and hydraulics and issue anEncroachment or Watercourse Permit prior to the issuance of a zoning clearance, anybuilding permit from the Building & Safety Department, or a grading permit from thePublic Works Agency.

Monitoring and Reporting: Prior to issuance of the letter of completion for theWatercourse Permit, or final project inspection by the Building Inspector, or prior toissuance of the first Certificate of Occupancy, Watershed Protection District PermitSection staff shall inspect the improvements to assure that construction was completedin accordance with the approved plans and the Watercourse Permit.(EWP-1)

OTHER VENTURA COUNTY AGENCIES

Air Pollution Gontrol District (APCD) Gonditions

18. APCD Rules and Requlations for Gradinq and ConstructionPurpose: In order to ensure that fugitive dust and particulate matter related to projectdevelopment are minimized to prevent impacts on adjacent properties.

Requirement: The Subdivider shall comply with the provisions of applicable VCAPCDRules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51

(Nuisance), and Rule 55 (Fugitive Dust). The Subdivider may be required to prepareand submit an Air Emissions Mitigation Plan for Dust Control to APCD. The AirEmissions Mitigation Plan for Dust Control shall also be part of any constructioncontract for the site grading.

Gonditions for Tentative Parcel Map 5870 Case No. SD11-0017 Permittee: MRR918, LLC.Pfanning Director Hearing: September 27 ,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 11 ol '12

Documentation: The Plan shall include the following elements:

a. the area disturbed by clearing, grad¡ng, earth moving, or excavationoperations shall be minimized to prevent excessive amounts of dust;

b. pre-grading/excavation activities shall include watering the area to begraded or excavated before commencement of grading or excavationoperations. Application of water (preferably reclaimed, if available) shouldpenetrate sufficiently to minimize fugitive dust during grading activities;

c. fugitive dust produced during grading, excavation, and constructionactivities shall be controlled by the following activities:i. All trucks shall cover their loads as required by California Vehicle Code

s231 14.ii. Fugitive dust throughout the construction site shall be controlled by the

use of a watering truck or equivalent means, generally at least threetimes a day (except during and immediately after rainfall). Water shallbe applied to all unpaved roads, unpaved parking areas or stagingareas, and active portions of the construction site. Environmentally-safedust control agents may be used in lieu of watering.

i¡i. Re-vegetate or apply APCD-approved chemical soil stabilizers to allinactive portions of the construction site that are inactive for four ormore days.

iv. Graded and/or excavated inactive areas of the construction site shall bemonitored at least weekly for dust stabilization. Soil stabilizationmethods, such as water and roll compaction, and environmentally safedust control materials, shall be periodically applied to portions of theconstruction site that are inactive for over four days. lf no furthergrading or excavation operations are planned for the area, the areashould be hydro-seeded and watered until growth is evident, orperiodically treated with environmentally safe dust suppressants, toprevent excessive fugitive dust.

v. Signs shall be posted onsite limiting traffic to 15 miles per hour or less.vi. All clearing, grading, earth moving, or excavation activities shall cease

during periods of high winds (i.e., greater than 15 miles per houraveraged over one hour.) During periods of high winds (i.e., wind speedsufficient to cause fugitive dust to impact adjacent properties), allclearing, grading, earth moving, and excavation operations shall becurtailed to the degree necessary to prevent fugitive dust created byonsite activities and operations from being a nuisance or hazard, eitheroffsite or onsite. The site superintendent or supervisor shall use his/herdiscretion in determining when winds are excessive. Based on theirindependent judgment and as part of their regular site inspectionresponsibilities, Public Works and/or APCD inspectors will require thatthe site superintendent and/or supervisor shall halt all such activities if itthey determine the fugitive dust is impacting adjacent properties;

Conditions for Tentative Parcel Map 5870 Case No, SD1 1-0017 Permittee: MRR918, LLC.Planning Director Hearing: September 27,2012 Location: 918 Mission Rock Road, Santa PaulaDate of Approval: Page 12 of 12

d. adjacent streets and roads shall be swept at least once per day, preferablyat the end of the day, if visible soil material is carried over to adjacentstreets and roads;

e. personnel involved in grading operations, including contractors andsubcontractors, should be advised to wear respiratory protection inaccordance with California Division of Occupational Safety and Healthregulations; and,

f. signs displaying the APCD Complaint Line Telephone number for publiccomplaints shall be posted on the site: (805) 645-1400 during businesshours and (805) 654-2797 after hours.

Timing: The Subdivider shall submit an Air Emissions Mitigation Plan for Dust Controlas part of and on the grading plans to be reviewed and approved by the APCD andPublic Works Agency. The Plan shall be approved prior to the issuance of gradingpermits.

Monitoring and Reporting: Public Works Agency inspectors shall field-monitor all dustcontrol measures during grading activities. The approved grading plans, including theAir Emissions Mitigation Plan for Dust Control, shall be kept onsite in an easilyaccessible location untilfinal grading inspections are complete. (APCD-1)

End of Gonditions

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a. clara santa e. llc, robert gibson, mrr918, applicant:...

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