april on hearing information project...

COUNTY OF VENTURAPLANNING DIRECTOR STAFF REPORT AND RECOMMENDATIONS

HEARING ON APRIL 19,2012

A. PROJECT INFORMATION

1. Request: The applicant requests that a Conditional Use Permit ("CUP"; CaseNo. LU11-0030) be granted for the operation and maintenance of a paintball andairsoft sports facility.

2. Applicant: Warped Paintball, LLCGlenn Forster4306 Chase AvenueLos Angeles, CA 90066

3. Property Owner: Hypericum Land Gompany, LLC11950 San Vicente Blvd. #200Los Angeles, CA 90049

4. Applicant's Representative: Penfield and SmithJennifer Welch1327 Del Norte Road, Suite #.200Camarillo, CA 93010

5. Decision-Making Authority: Pursuant to the Ventura County Non-CoastalZoning Ordinance (S8105-4), the Planning Director is the decision-maker for therequested Conditional Use Permit.

6. Project Site Location and Parcel Number: The project site is located at 8643Shekell Road, near the intersection of Shekell Road and State Route 23 (GrimesCanyon Road). The site is located near the city of Moorpark in theunincorporated area of Ventura County. The Tax Assessor's parcel numbers forthe parcels that constitute the project site are 500-0-090-235 and a portion of500-0-090-31 5. (Exhibit 2).

7. Project Site Land Use and Zoning Designations:

Countyrryide General Plan Land Use Map Desionation: Open Space(Exhibit 2)

Zonino Desiqnation: OS 20 ac (Open Space 20 acres minimum lot size)and OS 10 ac (Open Space 10 acres minimum lot size). (Exhibit 2)

a.

b.

Planning Director for CUP Case No. LU11-0030Planning Director Hearing on April 19,2012

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

North

Location inRelation to the

Proiect Site

WestEast

South

OS 10 acOS20ac&AE40ac

AE 40 ac (Agricultural Exclusive40 acres minimum lot size)

OS 20 ac

Zonlng

Ooen SoaceOpen Soace

Agricultural Operations and someresidences

Ooen Soace

Land Uses/Development

9. History: The proposed project site is located at the former Egg City agr¡culturalfacility which operated from the early 1960's to the 1980's. Remnants of theformer Egg City facility include concrete pads and partially paved roadsthroughout the parcel. There are no existing buildings on the property. Severaldiscretionary permits have been issued to the subject APN:

CUP Case No. 1777: This CUP was granted on May 6, 1963 to authorize apoultry operat¡on known as "Egg City".

Parcel Map Waiver-Lot Line Adjustment Case No. 895: This lot lineadjustment was approved by the Planning Director on July 6, 1998.

PMW-LLA Case No. SD04-0001: This lot line adjustment was approved onAugust '19, 2004 by the Planning Director as resulted in the transfer of 60acres of land to the adjoining property owner (Grimes Canyon Rock).

o Tentative Tract Map No. 5277: This map was tentatively approved onJanuary 25, 2OO5 and allows the subdivision of 226 acres into 12 lots.

10. Project Description: The applicant requests that a CUP be granted to authorizethe operation and maintenance of a paintball and airsoft sports facility. Theproposed paintball and airsoft sporting facility would be located at 8643 ShekellRoad in the Moorpark Area. Onsite development includes the:

o rêtroval of 267,073 sq. ft. (square feet) or 6.13 acres of existingconcrete paving in order to install dirt fields and parking;

o removal of 74,593 sq. ft. or 1.71 acres of existing asphalt in order toinstall dirt fields and parking; and,

o installation of 24,000 sq. ft. of un-engineered artificial turf in the playarea.

The sporting events are proposed to occur on weekends and on occasionalholidays and weekdays for a maximum of 116 days a year. Weekend eventswould occur on all 104 weekend days per year. The remaining 12 operationaldays would occur on weekdays and holidays through reservation only. Amaximum total of 250 participants and up to 10 employees would be on site each

a

a

a


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business day. (On any operational day, the facility would close to furtherbusiness when the 250th customer of the day arrives at the facility regardless ofthe time of day.) The maximum hours of operation would be from 9 am to 4 pmon Saturday and Sunday. The maximum hours of operation for weekday andholiday events would be through reservation only between 9 am and 4 pm.

Referees would be present to ensure safety during the games. Participants willbe required to wear safety goggles and face masks. Each player will have apaintball marker that fires a small biodegradable paintball propelled bycompressed air or COz. Twelve foot high meshing would be installed andmaintained around the parking area. This meshing would protect employees andcustomers from paintballs and associated activities, as the parking area would beused as an orientation area and a safety checkpoint for customers.

The applicant has proposed a 50 foot setback area from the western propertyline. All activities related to the paintball facility would be required to not occurwithin the setback area. A mesh material will be installed along the existing 6 foothigh chain link fence that is located on the western property line. The mesh andchain link fence would prevent paintballs from entering and impacting adjacentagricultural lands.

No noise amplification orair horns are proposed. Atotal of 130 parking spaceswould be provided for the participants. Three sea cargo containers would beinstalled on the site to store supplies. Public access to the site is provided by anexisting 2O-foot wide asphalt driveway connected to Shekell Road. Secondaryaccess for emergency purposes will be provided by a second drivewayconnected to Shekell Road. No water service will be connected to the site. Theoperator will use a water truck for dust control. Bottled drinking water will besupplied by the operator to the customers. Wastewater disposal will beaccomplished through the use of portable toilets. No native vegetation orspecimen trees would be impacted by the proposed development. Trashdumpsters would be provided for trash collection.

Temporary structures will be placed in the designated playfield areas and consistof: air filled bunkers, hay bales, wooden spools, wooden walls, dirt mounds,sandbag walls, building facades. These structures will each be less than eightfeet in height. Air filled bunkers will be painted a dark blue & red. The otherbarriers and structures will be all earth tone colors.

The project also includes a 3.50 acre temporary stockpile area north of playfieldNos. 1 and 2. This area will be used during construction to temporarily store theconcrete and asphalt that would be removed, and the artificial turf and dirt thatwould be installed. According to the applicant, the concrete and asphalt would be


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stored on site for approximately three weeks during the construction phase of theproject (Exhibit 3).

B. CALTFORNTA ENVTRONMENTAL QUALTTY ACT (CEQA) COMPLTANCE

Pursuant to CEQA (Public Resources Code 521000 et seq.) and the State CEQAGuidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, $15000 etseq.), the subject application is a "project" that is subject to environmental review.

A Negative Declaration (ND) is a written statement describing the reasons that aproposed project will not have a significant effect on the environment and thereforedoes not require the preparation of an Environmental lmpact Report. The State CEQAGuidelines [S15074(b)] states that an ND shall only be adopted by a decision-making bodyif there is no substantial evidence, in light of the whole record, that the proposed projectmay have a significant adverse effect on the environment and that the ND reflects theagency's independent judgment and analysis.

County staff prepared an lnitial Study in accordance with the County's Initial StudyAssessment Guidelines. Based on the information contained in the lnitial Study, Countystaff prepared a ND and made the ND available for public review and comment fromDecember 16,2011 to January 14,2012. A Notice of Intent to Adopt an ND was sent toproperty owners within 300 feet of the project site and the notice was published in theVentura County Star. lnterested parties who had contacted the case planner prior to therelease of the ND were notified of the public review period for the ND by the caseplanner. The ND was also posted on the County Planning Division website. Due to aprocedural oversight in the legal noticing requirements for the Notice of lntent to Adopt aNegative Declaration and the February 2,2012 Planning Director Hearing, the February2, 2012 Planning Director Hearing was continued to February 28, 2012. AI propertyowners within 300 feet of the project site were notified of the continued hearing date.The ND was also recirculated for an additional 30 calendar day public comment period,from January 20,2012 to February 20,2012.

The proposed final ND, which includes the written comments on the ND and staff'sresponses to the comments on the ND, is attached as Exhibit 4. The ND concluded thatthe proposed project's impacts to the surrounding environment would be less thansignificant.

Therefore, based on the information provided above and in light of the whole record, thereis no substantial evidence the proposed project may have a significant adverse effect onthe environment and the ND (Exhibit 4) reflects the County's independent judgment andanalysis.

Planning Director for CUP Case No. LUí1-0030Planning Director Hearing on April 19,2012

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C. CONSISTENCY WITH THE GENERAL PLAN

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

...in the unincorporated area of Ventura County, zon¡ng and any permits rsSuedthereunder, any subdivision of land, any public works project, any public (County,Special District, or Local Government) land acquisition or diçosition, and anyspecific plan, must be consistent with the Ventura County General Plan Goals,Policies and Programs, and where applicable, the adopted Area Plan.

Furthermore, the Ventura County Non-Coastal Zoning Ordinance (S811 1-1.2.1.1.a)states that in order to be approved, a Conditional Use Permit must be found consistentwith all applicable policies of the Ventura County General Plan.

The following list includes the applicable General Plan policies, and a discussion of theproposed project's consistency with each policy immediately following the respectivepolicy.

1. Ventura Gounty General Plan Goals, Policies and Programs ResourcesPolicy 1.1.2-1: All General Plan amendments, zone changes and discretionarydevelopment shall be evaluated for their individual and cumulative impacts onresources in compliance with the California Environmental Quality Act.

As discussed in Section B (above) and in the ND prepared for the proposedproject (Exhibit 4), the project's individual impacts and contribution to cumulativeimpacts on resources have been evaluated in compliance with CEQA.

Based on the discussion above, the proposed project will be consistent withPolicy 1.1.2-1.

2. Ventura County General Plan Goals, Policies and Programs ResourcesPolicy 1.1.2-2: Except as otherwise covered by a more restrictive policy withinthe Resources Chapter, significant adverse impacts on resources identified inenvironmenfal assessmenfs and reports shall be mitigated fo /ess than significantlevels or, where no feasible mitigation measures are available, a statement ofoverriding considerations shall be adopted.

As discussed in Section B (above) and in the ND prepared for the proposedproject (Exhibit 4), the proposed project will have a less than significant impacton the environment. In addition, the conditions of approval identified as Exhibit 5,would maintain impacts at a less than significant level.



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3. Ventura County General PIan Goals, Policies and Programs WaterResources Policy 1.3.2-2: Discretionary development shall comply with allapplicable County and State water regulations.

Ventura County General PIan Goals, Policies and Programs WaterResources Policy 1.3.2-4: Discretionary development shall not significantlyimpact the quantity or quality of water resources within watersheds, groundwaterrecharge areas or groundwater basrns.

As discussed in the ND prepared for the proposed project (Exhibit 4), theproposed project will not significantly impact the quality of groundwater, as therewould be no increase in groundwater usage. Portable toilets will be brought in foruse by the paintball and airsoft facility staff and participants. All wastewater willbe properly removed, treated and disposed of regularly, ln addition, bottled waterwould be provided by the applicant for staff and participants.

Based on the discussion above, the proposed project will be consistent withPolicy 1.3.2-2 and Policy 1.3.2-4.

4. Ventura Gounty General Plan Goals, Policies and Programs BiologicalResources Policy 1.5.2-1= Discretionary development which could potentiallyimpact biologicalresources shall be evaluated by a qualified biologisf fo assessimpacts and, if necessary, develop mitigation rneasures.

As discussed in the ND prepared for the proposed project, the proposed projectwill not significantly impact biological resources. The Planning Division Biologistreviewed the proposed project and determined that the project site does notcontain habitat for endangered, rare, threated or locally important species. Thelocation of the proposed parking and paintball and airsoft playfield areas isapproximately 815 feet east and approximately 2,491 feet west of the nearestidentified wetland areas. The project site is not within an identified wildlifecorridor and is not adjacent to a stream or native vegetation that would supportwildlife migration.


5. Ventura Gounty General Plan Goals, Policies and Programs FarmlandResources Policy 1.6.2-1: Discretionary development located on landdesignated as Agricultural (see Land Use Chapter) and identified as PrimeFarmland or Farmland of Statewide lmportance on the Sfafe's lmportantFarmland lnventory, shall be planned and designed to remove as little land asposstb/e from potential agricultural production and to minimize impacts on topsoil.


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Ventura Gounty General Plan Goals, Policies and Programs FarmlandResources Policy 1.6.2-6: Discretionary development adjacent to Agricultural-designated lands shall not conflict with agricultural use of those lands.

As discussed in the ND prepared for the proposed project, the proposed projectwill not have a significant impact on farmland resources. The project site is notlocated on land designated as agricultural and identified as Prime, or ofStatewide lmportance. As a result, no land with these important soilclassifications will be removed or covered at the project site as a result of theproposed project.

Prime, statewide and unique soils are located east, west and south of the parcelboundary. Some of the paintball activities would occur less than 300 feet from theadjacent agricultural lands. Although the proposed project is non-agricultural,individuals will not be continuously present in the playfield areas that are within300 feet of the common boundary lines shared with off-site lmportant Farmlands,as the sporting events would occur 1 16 days per calendar year. To assure thatpotential conflicts are minimized, the proposed project has been conditioned(Exhibit 5, Condition No. 47) to require that the applicant notify the owner(s) ofeach agriculturally-zoned property located within 300 feet of the project parcel ofall temporary events to be held at the proposed facility. Given the temporarynature of the events and implementation of the condition of approval notedabove, the proposed project is consistent with Policy 1.6.2-6.

To ensure that impacts to offsite agricultural property remains less thansignificant, the applicant will be subject to a condition of approval that wouldrequire a 50 foot setback from the western property line (Exhibit 5, Condition No.3). This setback would ensure that all paintball related activities, employees ofthe proposed facility and customers would not impact offsite agriculturaloperations.

To ensure that the proposed project does not conflict with surroundingagricultural lands, the Applicant will be required to coordinate withneighboring/adjacent growers a schedule that will allow for the scheduling ofpesticide applications and of paintball facility operations (Exhibit 5, Condition No.48). Also, if there is a scheduled pesticide application by one of the adjacentgrowers, the Applicant must arrange that all paintball facility activities either donot occur during that time or occur in the playing fields farthest from the propertyline separating the adjacent growers and the paintball facility (Exhibit 5, Condition4e).

Based on the discussion above, the proposed project will be consistent withPolicy 1.6.2-1 and Policy 1.6.2-6.


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6. Ventura County General PIan Goals, Policies and Programs ScenicResources Policy 1.7.2-1: Notwithstanding Policy 1 .7.2-2, discretionarydevelopment which would significantly degrade visual resources or significantlyalter or obscure public views of visual resources shall be prohibited unless nofeasible mitigation rneasures are available and the decision-making bodyd etermi ne s there are overrid ing con sideration s.

As discussed in the ND prepared for the proposed project, the proposed projectwill not significantly impact visual resources. The proposed project is not locatedin a Scenic Resource Protection overlay zone. No scenic resources exist onsiteand the subject site is not considered a scenic vista or within a scenic vista orviewshed. Four of the proposed playfields (Playfield nos. 1 to 4) are located atthe on a plateau overlooking Shekell Road and SR I 18. The project site is notvisible from Grimes Canyon Road. Also, there are no residences within 1,000feet of the view shed of playfield areas nos. 1 through 4. ln addition, some of thetemporary structures (air filled bunkers, hay bales, wooden spools, wooden walls,dift mounds, sandbag walls, building facades) located in playfield areas nos. 1 to4 would be visible from Shekell Road. However, this impact would be less thansignificant, as the temporary structures would be less than eight feet in heightand painted dark or earth tone colors. The three proposed sea cargo containersand parking areas would be visible from Shekell Road. To ensure that visualimpacts are less than significant, the project will be conditioned to require that thesea cargo containers be painted a light tan color so as to blend with thesurrounding landscape (Exhibit 5, Condition No. 4).

Based on the discussion above, the proposed project will be consistent withPolicy 1.7.2-1

7. Ventura Gounty General Plan Goals, Policies and Programs PaleontologicalResources Policy 1.8.2-1: Discretionary developments shall be assessed forpotential paleontological and cultural resource impacts, except when exemptfrom such requirements by CEQA. Such assessments shall be incorporated intoa Countywide paleontological and cultural resource data base.

As discussed in the ND prepared for the proposed project, the proposed projectwill not significantly impact paleontological resources. No permanent structuresare proposed with the subject project, and portions of the site would only requirecompaction and contouring of the land to allow for dirt and asphalt to be installedin the parking and playfield areas.

ln the unlikely event that paleontological resources would be uncovered byground disturbance activities, the proposed project would be conditioned torequire that construction be suspended until the find can be evaluated andrecovered (Exhibit 5, Condition No. 21). This condition would cause a temporary


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cessation of all ground disturbances, notiflcation of the Planning Director, and

assessment of the find by a paleontological consultant or professional geologist.

The Planning Director would review the recommendations of the consultant and

decide on the disposition of the resources encountered.


8. Ventura Gounty General Plan Goals, Policies and Programs EnergyResources Policy 1.9.2-1= Discretionary development shall be evaluated forimpact to energy resources and utilization of energy conseruation techniques.

The proposed airsoft and paintball facility would not involve an increase in onsiteenergy demand. No electricity is proposed with the project, as the sportingevents would occur during daylight hours. Thus, the amount of energy consumedwould have no effect on regional energy resources or generating stations.

Based on the above discussion, the proposed project will be consistent withPolicy 1.9.2-1.

9. Ventura Gounty General Plan Goals, Policies and Programs Fire HazardsPolicy 2.13.2-1: All discretionary permits shall be required, as a condition ofapproval, to provide adequate water supply and access for fire protection and

evacuation purposes.

The proposed project will include the use of bottled water for consumption bycustomers and employees, and use a water truck for dust control. As a result, theprovision of water for fire suppression is not required by the Ventura County Fire

Protection District because no new structures are proposed.

Based on the above discussion, the proposed project will be consistent withPolicy 2.13.2-1

lg.Ventura County General Plan Goals, Policies and Programs HazardousMaterial and Waste Policy 2.15.2-2: Sife p/ans for discretionary developmentthat witt generate hazardous wasfes or utilize hazardous materials shall includedetails on hazardous vvasfe redttction, recycling and storage.

Ventura Gounty General PIan Goals, Policies and Programs HazardousMaterial and Waste Policy 2.15.2-3: Any business fhaf handles a hazardousmaterial shatt establish a plan for emergency response to a release or threatenedrelease of a hazardous materlal. The County Fire Protection District ßdesignated as the agency responsible for implementation of this policy.

Planning Director for CUP Case No. LUl 1-0030Planning Director Hearing on April 19,2012

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The Ventura County Environmental Health Division comments that the proposedproject is not considered an activity that generates hazardous waste. Theproposed project does have hazardous materials from the compressed aircontainers and fuel. lmproper storage, handling, and disposal of these material(s)could result in the creation of adverse impacts to public health. However, theproject's compliance with existing state regulations will reduce potential project-specific and cumulative impacts to a less than significant level. ln addition, theEnvironmental Health Division comments that the paintballs are not regulated asa hazardous material or waste by the Division. According to the materials safetydata sheet provided by the applicant, the paintballs are made out of non-toxicmaterial (Exhibit 4, Memo from Melinda Talent to Kristina Roodsari, datedFebruary 1,2012 and Materials safety Data sheet, dated october 1s,20or).

The Ventura County Fire Protection District comments that any hazardousmaterials used onsite will be regulated and permitted according to the VenturaCounty Fire Code.

Based on the above discussion, the proposed project will be consistent withPolicy 2.15.2-2 and Policy 2.15.2-3.

11. Ventura County General PIan Goals, Policies and Programs Noise Policy2.16.2(11: All discretionary development shall be reviewed for noisecompatibility with surrounding uses. Norse compatibility shall be determined froma consisfenf sef of criteria based on the standards listed below. An acousticalanalysis by a qualified acoustical engineer shall be required of discretionarydevelopments involving noise exposure or noise generation ln excess of theesfab/rshed standards. The analysis shall provide documentation of existing andprojected noise levels at on-síte and off-site receptors, and shall recommendnoise controllneasures for mitigating adverse impacts.

(1) Noise sensifive uses proposed to be located near highways, truck routes,heavy industrial activities and other relatively continuous norse sourcesshall incorporate noise controlmeasures so that:a. lndoor noise levels in habitable rooms do not exceed CNEL 45.b. Outdoor noise levels do not exceed CNEL 60 or LeqlH of 65 dB(A)

during any hour.

Ventura Gounty General Plan Goals, Policies and Programs Noise Policy2.16.2(41: Norse generators, proposed to be located near any noise sensifiveuse, shall incorporate norse control measures so that ongoing outdoor noiselevels received by the noise sensifive receptor, measured at the exterior walt ofthe building, does 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.


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b. Leql H of 50dB(A) or amb¡ent noise level plus 3dB(A) whichever is greater,during any hour from 7:00 p.m. to 10:00 p.m.

c. LeqlH of 45dB(A) or ambient noise level plus 3dB(A), whichever is greater,during any hour from 10:00 p.m. to 6:00 a.m.

Section 2.16.2(4) is not applicable to increased traffic noise along any of theroads identified within the 2020 Regional Roadway Network (Figure 4.2.3) PublicFacilities Appendix of the Ventura County General Plan (see 2.16.2-1(1)). lnaddition, Sfafe and Federal highways, all railroad line operations, aircraft in flight,and public utility facilities are noise generators having Federal and Sfaferegulations that preempt local regulations.

As discussed in the ND prepared for the proposed project, the project has thepotential to generate noise and, therefore, is subject to evaluation as a "noisegenerator."

The airsoft and paintball facility is expected to produce some noise duringscheduled paintball games. However, the firing of a paintball gun does not createthe level of noise as that of a firearm. ln addition, the nearest sensitive receptorto the proposed playfield areas of the paintball facility consist of a single familydwelling located more than 1,700 feet south of the project site. ln addition,several accessory buildings are located approximately 995 feet east of theproject site (APN No. 500-0-090-310). However, a search of the permit history forthis parcel revealed that these buildings were not permitted for habitable use andwere associated with the former Egg City agricultural facility. Therefore, as thenearest noise sensitive receptor is located more than 1,700 feet away from theproposed playfield atea, and the noise created by the firing of the paintball gunwould be lower than that of a firearm, the noise generated by the paintball facilitywill not produce noise levels that exceed the noise levels noted above.

Based on the above discussion, the proposed project will be consistent withPolicy 2.16.2(1) and Policy 2.16.2(4).

l2.Ventura County General Plan Goals, Policies and Programs PublicFacilities and Services Policy 4.1.2-2= Development shall only be permifted infhose locatíons where adequate public services are available (functional), underphysical construction or will be available in the near future.

Adequate public facilities and services are available to serve the proposedproject. No construction or permanent development is proposed as part of thisproject. ln addition, the proposed project is for temporary use and does notrequire the extension of public facilities or services to the project site to serve theproposed use.

Planning Director for CUP Case No. LU11-0030Planning Director Hearing on April 19,2O12

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Based on the above discussion, the proposed project will be consistent withPolicy 4.1.2-2.

l3.Ventura County General Plan Goals, Policies and Programs Public Facilitiesand Services Transportation and Girculation Policy 4.2.2-3: The minimumacceptable Level of Service ILOS/ for road segrnenfs and intersections within theRegional Road Network and Local Road Network shall be as follows:(a) LOS-D' for all County thoroughfares and Federal highways and State

highways in the unincorporated area of the County, except as otherwiseprovided in subparagraph (b);

(b) LOS-'E' for State Route 33 between the northerly end of the Ojai Freewayand the City of Ojai, Santa Rosa Road, Moorpark Road north of Santa RosaRoad, Sfafe Route 34 north of the City of Camarillo and State Route 118between Sanfa Clara Avenue and the City of Moorpark;

(c) LOS-'C'for all County-maintained local roads; and(d) The LOS presuibed by the applicable city for all Federal highways, Sfafe

highways, city thoroughfares and city-maintained local roads located withinthat city, if the city has formally adopted General Plan policies, ordinances, ora reciprocal agreement with the County (similar to Policies 4.2.2-3 through4.2.2-6) respecting development in the city that would individually orcumulatively affect fhe LOS of Federal highways, Sfafe highways, Countythoroughfares and County-maintained local roads in the unincorporated areaof the County. t

At any intersection between two roads, each of which has a prescribed minimumacceptable tOS, the lower LOS of the two shall be the minimum acceptable LOSfor that intersection.

Ventura Gounty General Plan Goals, Policies and Programs PublicFacilities and Services Transportation and Circulation Policy 4.2.2-4: Exceptas othenvise provided in the Ojai Area Plan, County General Plan land usedesignation changes and zone changes sha// be evaluated for their individualand cumulative impacts, and discretionary development shall be evaluated for itsindividual impact, on existing and future roads, with special emphasis on fhefollowing:

(a) Whether the project would cause existing roads within the Regional RoadNetwork or Local Road Network that are currently functioning at anacceptable LOS fo function below an acceptable LOS;

(b) Whether the project would add traffic to existing roads within the RegionalRoad Network or the Local Road Network that are currently functioning belowan acceptable LOS; and


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(c) Whether the project could cause future roads planned for addition to theRegional Road Network or the Local Road Network to function below anacceptable LOS.

Ventura County General Plan Goals, Policies and Programs PublicFacilities and Services Transportation and Circulation Policy 4.2.2-5: Exceptas otherwise provided in the Ojai Area Plan and below, County General Planland use designation changes and zone changes that would cumulatively causeany of the impacts identified in subparagraphs (a) through (c) of Policy 4.2.2-4shall be prohibited unless the Board of Superuisors adopfs a Statement ofOverriding Considerations. County General Plan land use designation changes,zone changes and discretionary development that would individually cause anyof the impacts identified in subparagraphs (a) through (c) of Policy 4.2.2-4 shallbe prohibited unless feasible mitigation rneasures are adopted that would ensurethat the impact does not occur or unless a project completion schedule and fullfunding commitment for road improvements are adopted which ensure that theimpact will be eliminated within a reasonable period of time. This policy does notapply to city thoroughfares, city-maintained local roads, or Federal or Statehighways located within a city unless the applicable city has formally adoptedGeneral Plan policies, ordinances, or a reciprocal agreement with the County(similar to Policies 4.2.2-3 through 4.2.2-6) respecting development in the citythat would affect fhe LOS of County thoroughfares, County-maintained localroads, and Federal and Sfafe highways located within the unincorporated area ofthe County.

Ventura Gounty General Plan Goals, Policies and Programs PublicFacilities and Services Transportation and Girculation Policy 4.2.2-6:Development that would generate additional traffic shall pay its pro rata share offhe cosfs of necessary improvements to the Regional Road Network per theCounty's Traffic lmpact Mitigation Fee Ordinance as amended time to time.

As discussed in the ND prepared for the proposed project, the proposed projectwill generate additional traffic on the local public roads and the Regional RoadNetwork. The rural county road (Shekell Road) to be used to access the projectsite currently has a very low traffic volume per day and the highest level of safety(LOS A). The anticipated maximum of 130 vehicles that would arrive at the siteper day would not substantially burden Shekel Road or other nearby roadways inthe vicinity. These vehicle arrivals would generally be spread out over a 7-houroperational day in non-peak traffic hours. ln addition, 104 of the total 116operational days would occur on weekends.

The proposed project will generate additional traffic on the local public roads andthe Regional Road Network. Pursuant to the Ventura Gounty Traffic lmpactMitigation Fee (TIMF) Ordinance 4246 and General Plan (GP) Policy 4.2.2, and a


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Reciprocal Traffic Mitigation Agreement with the City of Moorpark and theCounty, the applicant will be required to pay a TIMF to the County and the City ofMoorpark. This fee will be used for roadway improvements that will ensure thatthe project's contribution to cumulative traffic impacts will be less than significant(Exhibit 5, Condition No. 28).

Based on the above discussion, the proposed project will be consistent withPolicy 4.2.2-3 through Policy 4.2.2-6.

D. ZONING ORDINANCE COMPLIANCE

The proposed project is subject to the requirements of the Ventura County Non-CoastalZoning Ordinance.

Pursuant to the Ventura County Non-Coastal Zoning Ordinance (S8105-4), theproposed use is allowed in the OS 10 ac & OS 20 ac zone districts with the granting of aConditional Use Permit. Upon the granting of the Conditional Use Permit, the proposedproject will comply with this requirement.

The proposed project includes the use of structures that are subject to the developmentstandards of the Ventura County Non-Coastal Zoning Ordinance (S8106-1.1). Table 1

lists the applicable development standards and a description of whether the proposedproject complies with the development standards.

Table I - nt Standards Gonsisten An

PLANNED DEVELOPMENT/CONDITIONAL USE PERMIT FINDINGS ANDSUPPORTING EVIDENCE

The Planning Director must make certain findings in order to grant the requestedconditional use permit pursuant to Section 8111-1.2.1.1 of the Ventura County Non-Coastal Zoning Ordinance. The ability to make the required findings is evaluated below.

1. The proposed development is consistent with the intent and provisions ofthe County's General Plan and of Division 8, Chapters I and 2, of theVentura Gounty Ordinance Code [S8f f i1.2.1.1.a].

E

Maximum Building Height

Rear SetbackSide SetbackFront SetbackMaximum Percentaqe of Buildino CoveraoeMinimum Lot Area (Gross)

Type of Requirement

15 feet15 feet10 feet20 feet5o/o

20 acres

Zoning OrdlnanceRequirement

Yes. The sea cargocontainers are temporarystructures and are less than15 feet in heioht.

YesYesYesYesYes

Gomplies?


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Based on the information and analys¡s presented in Sections C and D of this staffreport, the finding that the proposed development is consistent with the intentand provisions of the County's General Plan and of Division 8, Chapters 1 and 2,of the Ventura County Ordinance Code can be made.

2. The proposed development is compatible with the character ofsurrounding, legally established development [S8f 1 ft1.2.1.1.b|.

The proposed paintball and airsoft facility will not be out of character with theagricultural and open space uses surrounding the site. The facility would belocated on approximately 21.97 acres of the 57.11 acre lot. The play areas will besetback more than 50 feet from any agricultural activity and more than 500 feetfrom any residence. To ensure impacts to surrounding agriculture is minimized,the proposed project has been conditioned (Exhibit 5, Condition No. 48) torequire that the applicant notify the owner(s) of each agriculturally-zoned propertylocated within 300 feet of the project parcel of all temporary events to be held atthe proposed facility. ln addition, the playfield areas would not be visible fromGrimes Canyon Road. However, a portion of the proposed sea cargo containerslocated at the entrance to the facility would be visible from Shekell Road.Although visible, the proposed project has been conditioned to require that thecontainers be painted a light tan color to blend in with the surrounding landscape(Exhibit 5, Condition No. 4).

Based on the above discussion, this finding that the project is compatible with thecharacter of surrounding development can be made.

Therefore, this finding can be made.

3. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses fS81 I 1-1.2.1.1.c1.

The proposed project, as conditioned, will not be obnoxious or harmful, or impairthe utility of neighboring property or uses. The proposed facility would notgenerate substantial noise during scheduled paintball and airsoft games. Thefacility would be entirely contained within I designated playfield areas withinapproximalely 21.97 acres of the 57 acre lot. As noted above, the play areas willbe setback from any agricultural activity. ln addition, the applicant is required tonotify the owner(s) of each agriculturally-zoned property located within 300 feetof the project parcel of all temporary events to be held at the proposed facility.Additionally, the proposed project will be conditioned (Exhibit 5, Condition Nos.16 & 17) to include a contact person for the timely resolution of complaints.Finally, the proposed paintball fields slope inwards towards the existing drainagechannel, not outwards.to adjacent agricultural fields (Exhibit 4, Memo fromEwelina Mutkowska to Kristina Roodsari, dated February 7, 2012). Sincedrainage from the site flows to an interior drainage channel and not onto adjacent


of 19

agricultural lands, runoff from the project would not harm or impair the utility ofneighboring property or uses.

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

4. The proposed development would not be detrimental to the public interest,health, safety, convenience, orwelfare [S81f t1.2.1.f .d1.

The proposed project would not be detrimental to the public interest, health,safety, convenience, or welfare. As discussed under item C.12 above, adequatepublic facilities and services are available to serve the proposed project. Inaddition, adequate water supply and response time for fire protection is availablefor the proposed project.

Based on the above discussion, this finding can be made

5. The proposed development, if allowed by a Conditional Use Permit, iscompatible with existing and potential land uses in the general area wherethe development is to be located [S8111-1.2.1.1.e1.

As discussed under findings 2 and 3 above, the proposed facility would notgenerate substantial noise during scheduled paintball and airsoft games. Thefacility would be entirely contained within 8 designated playfield areas withinapproximately 21.97 acres of the 57 acre lot. As noted above, the play areas willbe setback from any agricultural activity. In addition, the applicant is required tonotify the owner(s) of each agriculturally-zoned property located within 300 feetof the project parcel of all temporary events to be held at the prgposed facility.The facility would not be out of character or incompatible with surrounding uses.The open space designation of the subject property and the agriculturaldesignation of the surrounding properties is not anticipated to change in theforeseeable future. Thus, the facility would also be compatible with anticipatedfuture land uses in the area.

Based on the above discussion, this finding can be made

6. The proposed development will occur on a legal lot [$8f fi-1.2.1.1Í1.

Assessor Parcel No. 500-0-090-235 is comprised of a legal lot shown as ParcelA on a Map recorded in Book 3, Page 94 of Parcel Maps in the office of theCounty Recorder of Ventura County, in compliance with the Subdivision Map Actand Ventura County Subdivision Ordinance.

Therefore, this finding can be made.

F


of 19

PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJURISDICTIONAL COMM ENTS

The Planning Division provided public notice regarding the February 2,2012 PlanningDirector hearing in accordance with the Government Code (565091), and VenturaCounty Non-Coastal Zoning Ordinance (S8111-3.1). The Planning Division mailednotice to owners of property within 300 feet of the property on which the project site islocated, placed a legal ad in the Ventura County Star and contacted interested citizenswho had requested information regarding the proposed project prior to the applicationbeing deemed complete. As of the date of this document, public comments werereceived regarding the proposed project. Those comments and the County's responseto those comments are discussed in Exhibit 4 of this staff report. Due to a proceduraloversight in the legal noticing requirements for February 2, 2012 Planning DirectorHearing and the Notice of Intent to Adopt a Negative Declaration, the February 2,2012Planning Director Hearing was continued to February 28, 2012. All property ownerswithin 300 feet of the project site were notified of the continued hearing date. The NDwas also recirculated for an additional 30 calendar day public comment period, fromJanuary 20,2012 to February 20,2012.

The project site is located within the City of Moorpark's's Area of lnterest. Therefore, onMarch 28, 2011, the Planning Division notified the City of Moorpark of the proposedproject and requested the City of Moorpark to submit any comments that the City mighthave on the proposed project. On April 11,2011, the City of Moorpark requested that acondition be added to the project, which requires that the applicant pay a Traffic lmpactMitigation Fee (TIMF) to the City of Moorpark, as the project is subject to the TIMFagreement between the County and City of Moorpark (Exhibit 6, Email from DavidBobardt to Kristina Roodsari, dated April 1 1, 2011). This requirement is included asCondition No. 28.b of the proposed project's conditions of approval.

On March 28, 2011, the Planning Division notified Save our Somis and Preserve OurRural Environment of the proposed project and requested the property ownerassociations submit any comments that they might have on the proposed project. OnMarch 30,2011, Barbara Kerkhoff of Save Our Somis, requested information as towhich property owners in the Shekell Road area were sent information regarding thisproject (Exhibit 6, Email from Barbara Kerkhoff to Kristina Roodsari, dated March 30,2011). ln response to this email, the case planner, Kristina Roodsari, informed Ms.Kerkhoff that notice of the proposed project had not occurred. However, a notice will besent to the public when the environmental document is ready to be released. Ms.Roodsari also added that per the Ventura County Non-Coastal Zoning Ordinance Sect.8111-3.1.3, owners of all real property situated within a radius of 300 feet of the exteriorboundaries of the Assessor's Parcel(s) which is the subject of the application (Exhibit 6,Email from Kristina Roodsari to Barbara Kerkhoff, dated March 30, 2011).

On Augusl 17, 2011, the project was heard before the Agricultural Policy AdvisoryCommittee ("APAC"). The Committee gave their support for the project at that meeting.


of 19

The project was heard aga¡n before APAC on April 11,2012.The decision to have theproject heard again was based on:

Public comments received during the public comment period for theNegative Declaration that was prepared for the proposed project;Meeting with the Agricultural Commissioner, Deputy Commissioner RudyMartel and the case planner, Kristina Roodsari on March 26,2012; and,Site visit with the Agricultural Commissioner's Office and the applicant onApril 4, 2012.

At the April 12,2012 APAC meeting, the Board recommended that the twelve additionalconditions (Exhibit 5, Condition Nos. 3, 25, 26, 48,49, 50, 51 & 52) proposed by thePlanning Division and Agricultural Commissioner's Office be included into the conditionsof approval for the proposed project. These conditions relate to the project'scompatibility with surrounding agricultural uses. APAC also recommended that anadditional condition be added to the project (Exhibit 5, Condition No. 53), which wouldrequire that water used from the water truck for dust suppression be tested for ecoli.

G. RECOMMENDED ACTIONS

Based upon the preceding analysis and information provided, Planning Division Staffrecommends that the Planning Director take the following actions:

1. CERTIFY that the Director has reviewed and considered this staff report and allexhibits thereto, including the proposed Negative Declaration (Exhibit 4), and hasconsidered allcomments received during the public comment process;

2. FIND, based on the whole of the record before the Planning Director, including theInitial Study and any comments received, that there is no substantial evidence thatthe project will have a significant effect on the environment and that the NegativeDeclaration reflects the Planning Directo/s independent judgment and analysis;

3. ADOPT the Negative Declaration (Exhibit 4);

4. MAKE the proposed CEQA Findings (Section B of this staff report), based uponthe substantial evidence provided in the record, including the staff report and publictestimony.

5. MAKE the required findings for the granting of a Conditional Use Permit based onthe substantial evidence presented in Section E of this staff report and the entirerecord;

6. GRANT Conditional Use Permit Case No. LU11-0030, subject to the attachedconditions of approval (Exhibit 5).


of 19

7. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the permit has been approved, conditionallyapproved, or denied (or on the following workday if the lOth day falls on a weekend orholiday). Any aggrieved person may file an appeal of the decision with the PlanningDivision. The Planning Division shall then set a hearing date before the PlanningCommission to review the matter at the earliest convenient date.

lf you have any questions concerning the information presented above, please contactKristi na Roodsa ri at (805) 654-2467 or kristina. rood sa [email protected],

Prepared by: Reviewed by:

4

Kristina Roodsari, Case Planner Brian R. Baca, ManagerCommercial & lndustrial Permits Section

EXHIBITSExhibit 2 - Aerial Location, General Plan and Zoning Designations, and Land Use MapsExhibit 3 - PlansExhibit 4 - Environmental Document & Public CommentsExhibit 5 - Conditions of ApprovalExhibit 6 - Public Comments and Responses

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Gonditional Use Permit Gase No. LUll-0030Warped Paintball, LLC

Section A. Project Description

Project Number(s): Conditional Use Permit ("CUP") Case No. LU11-0030

Name of Applicant: Glenn Forster of Warped Paintball, LLC

Project Location: 8643 Shekell Road, in the Ventura County unincorporatedarea of Moorpark

4. Specific Description of the Nature and Purpose of the Project:

The applicant requests the issuance of a conditional use permit (CUP) toauthorize the operation and maintenance of a paintball and airsoft sports facility.The proposed paintball and airsoft sporting facility would be located at 8643Shekell Road in the Moorpark Area. Onsite development includes the:

. removal of 267,073 sq. ft. (square feet) or 6.13 acres of existing concretepaving in order to install dirt fields and parking;

. removal of 74,593 sq. ft. or 1.7'l acres of existing asphalt in order to installdirt fields and parking; and,

. installation of 24,000 sq. ft. of un-engineered artificial turf in the play area.

The sporting events are proposed to occur on weekends and on occasionalholidays and weekdays for a maximum of 116 days a year. Weekend eventswould occur on all 104 weekend days per year. The remaining 12 operationaldays would occur on weekdays and holidays through reservation only. Amaximum total of 250 participants and up to 10 employees would be on site eachbusiness day. (Onbusiness when the

anv25otÉ

operational day, the facility would close to furthercustomer of the day arrives at the facility regardless of

the time of day.) The maximum hours of operation would be from 9 am to 4 pmon Saturday and Sunday. The maximum hours of operation for weekday andholiday events would be through reservation only between 9 am and 4 pm.

Referees would be present to ensure safety during the games. Participants willbe required to wear safety goggles and face masks. Each player will have apaintball marker that fires a small biodegradable paintball propelled bycompressed air or COz. Twelve foot hioh meshinq would be installed and

Planning Director HearingConditional Use Permit No. LU11-0030

Exhibit 4ND & Public Comments

Final lnitial Study For LU1 1-0030Page 1 of 33

5

used as an orientation area and safetv checkpoint for customers.

The applicant has proposed a 50 foot setback area from the western propertv

withín the setback area. A mesh material will be installed alonq the existinq 6foot hiqh chain link fence that is located on the western propertv line. The mesh

ad iacent aoricu ltural lands.

No noise amplification or air horns are proposed. A total of 130 parking spaceswould be provided for the participants. Three sea cargo containers would beinstalled on the site to store supplies. Public access to the site is provided by anexisting 2O-foot wide asphalt driveway connected to Shekell Road. Secondaryaccess for emergency purposes will be provided by a second drivewayconnected to Shekell Road. No water service will be connected to the site. Theoperator will use a water truck for dust control. Bottled drinking water will besupplied by the operator to the customers. Wastewater disposal will beaccomplished through the use of portable toilets. No native vegetation orspecimen trees would be impacted by the proposed development. Trashdumpsters would be provided for trash collection.

Temporary structures will be placed in the designated playfield areas and consistof: air filled bunkers, hay bales, wooden spools, wooden walls, dirt mounds,sandbag walls, building facades. These structures will each be less than eightfeet in height. Air filled bunkers will be painted a dark blue & red. The otherbarriers and structures will be all earth tone colors.

The project also includes a 3.50 acre stockpile area north of playfield Nos. 1 and2. This area will be used during construction to temporarily store the concreteand asphalt that would be removed, and the artificial turf and dirt that would beinstalled.

Existing and Proposed General Plan Designation and Zoning of the ProjectSite:

Final lnitial Study For LUI 1-0030Page 2 of 33

Ventura County General Plan LandUse Designation

Acreage of GUP Area

Acreage of Parcel

APN

Open Space

18.30 acres (21.97 acres includes foraccess to paintball park and temporarystockpile area)

57.11 acres

500-0-090-235 and a portion of 500-0-090-315 (access to site via Shekell)

6.

Zoning Designation: OS 20 ac (Open Space 20 acresminimum lot size) and OS 10 ac (OpenSpace 10 acres minimum lot size).

Description of the Physical Alterations/lmprovements Gaused by theProject (including site plan, elevations, off-site improvements, etc):

Development includes the:

. removal oÍ 267,073 sq. ft. (square feet) or 6.13 acres of concrete in orderto install dirt fields and parking;

. removal of 74,593 sq. ft. or 1.71 acres of asphalt in order to install dirtfields and parking; and,

o installation of 24,OOO sq. ft. of artificial turf in the play area.

Description of the Public Facilities (e.9., roads, water supply, sewers,utilities) that must be Extended or Expanded to Serve the Proiect:

Access to the playfields would be provided by two existing driveways connectedto Shekell Road.

No water is proposed to be onsite though the developer has access to a watertruck for dust control. Portable toilets are proposed to provide waste waterdisposal. No native vegetation or specimen trees would be impacted by theproposed development. Trash dumpsters would be provided for trash control.

No public facilities and/or services would be extended or expanded as a result ofthis project.

8. List of Responsible Agencies: None

Exhibits:

Exhibit A- Location, Zoning & Aerial Map

Exhibit B- Plans

Final lnitial Study For LU11-0030Page 3 of 33

7

Section Blnitial Study Checklist and Discussion of Responses

Conditional Use Permit Case No. LUll-0030Warped Paintball, LLC

1. Air Quality lmpacts (APCD)

lssue (Responsible Department)

N

X

LSPS-M

PS

Proiect lmpactDegree Of Effect*

N

X

LS PS.M PS

Gumulative lmpactDesree Of Effect"

Reqional Air Quality lmpacts: The Ventura County Air Pollution Control District reviewedthe proposed project. This District stated that based on information provided by theapplicant, air quality impacts will be below the 25 pounds per day threshold for reactiveorganic compounds and oxides of nitrogen as described in the Ventura County AirQuality Assessment Guidelines. Therefore, the project will have less than significantproject-specific and cumulative impacts on regional air quality.

Local Air Qualitv lmpacts: Based on information in the project application, the Districtstated that the subject project will generate local air quality impacts but those impactsare not likely to be significant. Although the project is not expected to result in anysignificant local air quality impacts, the District recommends the following conditions beplaced on the permit to help minimize fugitive dust and particulate matter that may resultfrom site preparation (short-term) vehicles parking on the site (long-term) activities:

1. All project construction and site preparation operations shall comply with allapplicable VCAPCD Rules and Regulations which include but are not limitedto Rile 10 (Permits Required), Rule 50 (Opacity), Rule 51 (Nuisance), andRule 55 (Fugitive Dust).

2. The Permittee shall comply with the provisions of applicable VCAPCD ROCand NOx Construction Mitigation Measures, which include but are not limitedto, provisions of Section 7.4.3 of the Ventura County Air Quality AssessmentGuidelines.

3. The Permittee shall obtain an Authority to Construct prior to installation and aPermit to Operate prior to operation, if needed, for concrete and asphaltdemolition. To help prevent project delays, the Permittee or theirrepresentative should contact the VCAPCD Engineering Division at theearliest practicable date to determine any air permit requirements.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Alicia Stratton of the Ventura County Air Pollution Control District, datedApril 13,2011.


2. Water Resourcesa. Groundwater Quantity


N

X

LSPS.M

PS

ProJect lmpactDegree Of Effect"

N LS

X

PS-M PS

Gumulative lmpactDeqree Of Effect*

Only bottled water would be used as part of the operation of the project. There would beno increase in annual groundwater usage with the approval of the proposed project.Therefore, the proposed project would result in less than significant project-specific andcumulative impacts related to groundwater quantity

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Ewelina Mutkowska of the Ventura County Watershed ProtectionDistrict, Water and Environmental Resources Division, dated April 18,2011.


2b. Groundwater Quality

N LS

X

PS.M

PS

Proiect lmpactDeqree Of Effect*

N

X

LS PS-M PS

Gumulative lmpactDegree Of Effect*

The Ventura County Watershed Protection district reviewed the proposed project anddeemed groundwater quality impacts as less than significant. No septic systems areproposed to be installed to serve the proposed use. Portable toilets would be used bypatrons during event days. Therefore, the proposed project would result in less thansignificant projecþspecific and cumulative impacts related to groundwater quality.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Memo from Ewelina Mutkowska of the Ventura County Watershed ProtectionDistrict, Water and Environmental Resources Division, dated April 18,2011.

The Ventura County Watershed Protection district reviewed the proposed project anddeemed impacts to surface water quantity as less than significant. No surface water isproposed to be used in the operation of the proposed facility. Therefore, the proposedproject would result in less than significant project-specific and cumulative impactsrelated to surface water quantity.



2c. Surface Water Quantity

N LS

X

PS.M

PS

Proiect lmpactDesree Of Effect*

N

X

LS PS.M PS


Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Ewelina Mutkowska of the Ventura County Watershed ProtectionDistrict, water and Environmental Resources Division, dated April 1 8,2011.

The Ventura County Watershed Protection district reviewed the proposed project anddeemed impacts surface water quality as less than significant. The proposed project isnot expected to result in a violation of any surface water quality standards as defined inthe Los Angeles Basin Plan. ln accordance with the Ventura Countywide MunicipalStormwater National Pollutant Discharge Elimination System (NPDES) PermitC4S004002, "Development Construction Program" Subpart 4.F and the CaliforniaNPDES General Construction Stormwater Permit (No. C4S000002), the applicant willbe required to include Best Management Practices (BMPs) designed to ensurecompliance and implementation of an effective combination of erosion and sedimentcontrol measures to protect surface water quality during construction. The VenturaCounty Stormwater Quality Management Ordinance (Ordinance No. 4142) includesstandard requirements prohibiting the deposition of any litter into any watercourseduring ongoing operations of the proposed use. Therefore, neither the individual projectnor the cumulative threshold for significance is being exceeded and the project isexpected to have less than significant impact on surface water quality.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Ewelina Mutkowska of the Ventura County Watershed ProtectionDistrict, Water and Environmental Resources Division, dated April 18,2011.

3 Mineral Resourcesa. Aggreqate Resources


N LS

X

PS-M

PS

Project lmpactDegree Of Effest"

N

X

LS PS-M PS

Gumulative lmpactDesree Of Effect*

The Ventura County lnitial Study Assessment Guidelines ("VCISAG') states thataggregate resources consist of sand, gravel, and crushed rock used in the constructionindustry. The Ventura County Non-coastal Zoning Ordinance includes a MineralResource Protection (MRP) overlay zone for areas that maintain or may maintainimportant mineral resources and the extraction of these resources may be a compatibleland use. The MRP zone is located approximately 335 feet north of the project parcelboundary. The nearest proposed play areas (areas nos. 1 & 2) are locatedapproximately 1,900 feet south of the MRP overlay zone boundary area. The temporarystockpile area is located approximately 1,050 feet south of the MRP overlay zone



2d. Surface Water Quality

N LS

X

PS-M

PS

Project lmpactDeqree Of Effect*

N

X

LS PS.M PS

Cumulative lmpactDeqree Of Effect*

boundary area. Due to the location and the nature of the proposed use, the proposedproject would not have the potential to hamper or preclude extraction of or access to theaggregate resources located north of the project site. Therefore, the proposed projectwould have less than significant projectspecific and cumulative impacts on aggregateresources

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,Ventura County Non-Coastal Zoning Ordinance (2011: $8104), and Planning GIS datalayers (Overlay Zone).

The VCISAG states that any land use that is proposed to be located on or immediatelyadjacent to any known petroleum resource area, or adjacent to a principal access roadto an existing petroleum CUP, has the potential to hamper or preclude access topetroleum resources. The proposed project is not located within a petroleum resourcearea, or within or adjacent to the boundary of an oil extraction CUP. Therefore, theproposed project would have less than significant projectspecific and cumulativeimpacts on petroleum.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Planning GIS data layers (Oil & Gas Resources).


4. Biological Resources

N LS

X

PS-M

PS

ProJect lmpactDesree Of Effect*

N

X

LS PS.M PS


This analysis of the potential impacts on biological resources is based on maps ofbiological resources, including watercourses, wetlands, regional wildlife corridors,critical habitat, and the California Natural Diversity Database; aerial imagery; and a sitevisit conducted on November 28,2011.

Species: The majority of the project site (i.e., the lease area) is covered with concreteslabs from the previous agricultural facility. The only vegetation occurring on the projectsite is growing in between the concrete slabs and is composed of mostly non-nativespecies and a few scattered common native species (including California sagebrush,mulefat, and telegraph weed) that typically inhabit disturbed areas. Given that theproject site is highly disturbed by previous development and is mostly covered withconcrete, there is no suitable habitat for special status species. Therefore the projectwould not impact special status species.

Final lnitial Study For LUl 1-0030Page 7 of 33


3b. Petroleum Resources

N

X

LSPS.M

PS

Project lmpactDesree Of Effect*

N

X

LS PS.M PS

Cumulative lmpactDesree Of Effect*

Ecoloqical Communities: Ruderal vegetation (i,e., vegetation that grows on highlydisturbed land) occurs on the project site within crevices and in between the concreteslabs. These patches of ruderal vegetation among the concrete do not constitute asensitive ecological community. No natural watercourses or wetlands exist on the site.A concrete channel that was constructed as part of the previous agricultural facilitycarries runoff flows from the existing concrete slabs. No natural communities areassociated with this concrete channel. The removal of concrete to create dirt playingfields could result in increased sediments being carried with stormwater flows tosensitive ecological communities downstream. However, as described in the evaluationof potential suÉace water quality impacts, the applicant is required to implement erosionand sediment control measures to protect surface water quality during construction aswell as meet County standard requirements prohibiting the deposition of any litter intoany watercourse during ongoing operations of the proposed use. Therefore, the projectwould have less than significant impacts on sensitive ecological communities.

Habitat ConnectivityThe project site is not located within a known habitat connectivity feature, such as aregional linkage, local riparian corridor, or other identified important feature for wildlifemovement. The project site, in its existing condition with the concrete slabs, does notcontain significant wildlife habitat, but it also does not pose a significant barrier towildlife movement, and therefore wildlife likely moves through the site. The project doesnot involve construction of any new permanent structures or other barriers to wildlifemovement. The sporting events would take place between the hours of 8 am and 4 pm,which avoids the peak times of day of animal activity during dawn and dusk and atnight. Because the location proposed for the periodic sporting events is a highlydisturbed site that is not within a habitat connectivity feature, the project would notim pact habitat connectivity.

Therefore, based on the applicant's project description and observations made in thefield by the Planning Biologist, project-specific and cumulative impacts relating tobiological resources are less than significant.

Source Document: Memo from Christina Danko, Planning Biologist, dated November28,2011.


5. Agricultural Resourcesa. Soils

N

X

LSPS-M

PS


X

N LS PS.M PS


According to the lmportant Farmland lnventory Map, the project site does not includesoil designated as prime, unique, or of statewide importance. Therefore, as theproposed project would not result in the removal or covering of these important soil

Final lnitial Study For LU11-0030Page B of 33

classifications, there would be no project-specific or cumulative impacts to agriculturalsoils.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Planning GIS data layers (lmportant Farmland lnventory Map).

The evaluation pertains to the introduction of incompatible land uses in proximity of off-site agricultural lands and off-site crop production. The threshold of significance is adistance (setback) of 300 feet between new non-agricultural structures or use areas andoffsite areas that are used or classified as lmportant Farmland on the Ventura Countylmportant Farmland lnventory Map (2008).

There are a variety of lmportant Farmland soils located adjacent to the project site.Prime, statewide and unique soils are located east, west and south of the parcelboundary. Crops are under production on lands immediately east, southwest andsoutheast of the parcel boundary.

The proposed project involves the operation of a recreational paintball facility. Thesubject property would be segregated into a series of playfields used for variouscontests. Some of the paintball activities would occur less than 300 feet from theadjacent agricultural lands. Thus, at first look, impacts on agricultural resources wouldpotentially result for the operation of this facility. However, the lnitial Study Guidelinesfor topic 5.b provide a list of criteria for a waiver or deviation from the 300 foot setbackthreshold. Criterion "H" and is applicable here:

h. lndividuals are not continuously present in the proposed structures or use areas

Although the proposed project is non-agricultural, individuals will not be continuouslypresent in the playfield areas that are within 300 feet of the common boundary linesshared with off-site lmportant Farmlands. Approximately half of the playfield areas arelocated less than 300 feet from off site adjacent agriculture. Additionally, the facilitywould operate on a limited schedule with a maximum of 116 days per year. Eightypercent (80%) of the proposed event days are planned through private groupreservatlon i.e. birthday parties, church groups, corporate team building. To assure thatpotential conflicts are minimized, the following condition will be imposed on the project:

Purpose: In order to minimize potential conflicts between a non-agricultural eventuse and adjacent agricultural operations, the Permittee shall provide notification ofall temporary events.



5b. Land Use Incompatibility

N LS

X

PS-M

PS


N

X

LS PS.M

Gumulative lmpactDesree Of Effect'

PS

Requirement: The Permittee shall notify the owner(s) of each agriculturally-zonedproperty located within 300 feet of the project parcel of all temporary events to beheld at the proposed facility.

Documentation: The Permiüee shall provide a written schedule of plannedtemporary events to the owners of all adjacent agriculturally-zoned land. Thisschedule shall specify the date, time, type and attendance of each event. ThePermittee shall maintain a record of all events held at the facility to be madeavailable to the County Planning Division upon request.

Timing: The required schedule shall be regularly updated such that notice isprovided a minimum of 30 days prior to each event.

Monitoring: In accordance with the Non-Coastal Zoning Ordinance, the PlanningDivision will periodically review the operation of the permitted facility for compliancewith the terms and conditions of the conditional use permit. The Planning Divisionhas the authority to initiate enforcement actions if a lack of compliance is identifiedthrough public complaints or discovered during required periodic review.

the western property line.

Given the temporary nature of the events and implementation of the conditions ofapproval noted above, pQect-specific and cumulative impacts to agricultural land useincompatibility would be less than significant.

Source Documents: Memo from Brian Baca of the Ventura County Planning Division,dated July 1 3, 2011 and email from Rudy Martel of the Ventura County AgriculturalCommissioner's Office, dated August 19,2O11.

6. Scenic Resources


N

X

LSPS.M

PS

Proiect lmpac'tDegree Of Effect*

N

X

LS PS-M PS


Planning staff evaluated visual impacts during a site visit on April 7, 2011 andNovember 28, 2011. The proposed project is not located in a Scenic ResourceProtection overlay zone. No scenic resource exist onsite and the subject site is notconsidered a scenic vista or within a scenic vista or viewshed. Four of the proposedplayfields (Playfield nos. 1 to 4) are located at the on a plateau overlooking ShekellRoad and SR 1 18. The project site is not visible from Grimes Canyon Road. Also, thereare no residences within 1,000 feet of the view shed of playfield areas nos. 1 through 4.ln addition, some of the temporary structures (air filled bunkers, hay bales, wooden


spools, wooden walls, dirt mounds, sandbag walls, building facades) located in playfieldareas nos. I to 4 would be visible from Shekell Road. However, this impact would beless than significant, as the temporary structures would be less than eight feet in heightand painted dark or earth tone colors. The three proposed sea cargo containers andparking areas would be visible from Shekell Road. To ensure that visual impacts areless than significant, the project will be conditioned to require that the sea cargocontainers be painted a light tan color so as to blend with the surrounding landscape.Therefore, based on the design and location of the proposed project, project-specificand cumulative impacts related to visual resources would be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April2O11,applicant's site plan and Planning GIS data layers (aerial imagery).

The subject property is underlain by the Saugus formation. According to the VCISAG,the Saugus formation is given a paleontological importance ranking of "high". Accordingto the Guidelines, a Paleontological Phase 1 Study would be required for the proposedproject. A Paleontological Phase 1 study was prepared by Bruce Landers ofEngineering Sciences in July 1988 for Tentative Tract Map No. 5277 (approved inJanuary 2005). This study concluded that the tract map would not create any adverseimpacts to paleontological resources. As no permanent structures are proposed with thesubject project, and portions of the site would only require compaction and contouring ofthe land to allow for dirt and asphalt to be installed in the parking and playfield areas,project-specific and cumulative impacts to paleontological resources would be less thansignificant.

In the unlikely event that paleontological resources would be uncovered by grounddisturbance activities, the proposed project would be conditioned to require thatconstruction be suspended untilthe find can be evaluated and recovered. This conditionwould cause a temporary cessation of all ground disturbances, notification of thePlanning Director, and assessment of the find by a paleontological consultant orprofessional geologist. The Planning Director would review the recommendations of theconsultant and decide on the disposition of the resources encountered. Therefore, theproposed project would create less than significant project-specific and cumulativeimpacts related to paleontological resources.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Paleontological Phase 1 study prepared by Bruce Landers of Engineering Sciencesin July 1988 for Tentative Tract Map No. 5277.

Final lnitial Study For LU11-0030' Page 11 of33


7. ResourcesPaleontoloqical Resources

N LS

X

PS-M

PS


N

X

LS PS-M PS



8. Resourcesa. Cultural Resources

N

X

LSPS.M

PS


N

X

LS PS.M PS


Planning Staff determined that the project would not require a Phase I archeologicalstudy, as no permanent structures are proposed with the subject project, and portions ofthe site would only require compaction and contouring of the land to allow for dirt andasphalt to be installed in the parking and playfield areas. Moreover, a search of theCounty's Archeological Report database found that there are no archeologicallyimportant sites within lz mile of the proposed project site. Therefore, based on thelocation and nature of the proposed project, there would be no project-specific orcumulative impacts to archeological resources.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April2O11,Planning GIS data layers (Archeological Reports).

Planning staff conducted a site visit on April 7, 2011 and November 28, 2011. Theproposed project site is located at the former Egg City agricultural facility whichoperated onsite from the early 1960's to the 1980's. Remnants of the former Egg Cityobserved during the site visit included, concrete pads and partially paved roadsthroughout the parcel. There are no buildings onsite. Staff researched the parcel historyfor the subject site and surrounding sites in the County's Permits Plus database system,and found that the buildings associated with the former Egg City facility were consideredhistoric buildings (although the site was never designated an historical landmark orplace of interest). As these buildings no longer exist onsite, the historical use of theparcel is no longer present. Therefore, the project-specific and cumulative impacts ofthe project on historical resources would be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,Planning GIS data layers (historical aerial maps) and Permits Plus database system.



8b. Historical Resources

N LS

X

PS.M

PS


N

X

LS PS-M PS

Cumulative lmpactDegree Of Effect*


9. Coastal Beaches and Sand Dunes

N

X

LSPS.M

PS


N

X

LS PS-M PS


The proposed project site is located in the Ventura County unincorporated area ofMoorpark, more than 10 miles away from the coast. Thus, the proposed project wouldnot be located near or on a coastal beach or sand dune. Therefore, based on thelocation of the proposed project, there would be no projectspecific or cumulativeimpacts to coastal beaches and sand dunes.

Source Document: Planning GIS data layers (2O11aerial imagery).

There are no known active or potentially active faults extending through the proposedlot based on State of California Earthquake Fault Zones in accordance with the Alquist-Priolo Earthquake Fault Zoning Act, and Ventura County General Plan HazardsAppendix -Figure 2.2.3b. Therefore, there would be no project-specific or cumulativeimpacts to fault rupture hazards.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Memo from James O'Tousa of the Ventura County Public Works Agency,Engineering Services Division, dated April 19,2011.


11. Ground Shaking

N LS

X

PS.M

PS


N

X

LS PS.M PS


The property would be subject to moderate to strong ground shaking from seismicevents on local and regional fault systems. The Gounty of Ventura Building code,adopted from the California Building Code, dated 2010, Chapter 16, Division lV,requires the structures be designed to withstand this ground shaking. As there are nostructures associated with the proposed project, the effects of ground shaking areconsidered to be less than significant. Therefore, the proposed project would create lessthan significant project-specific and cumulative impacts related to ground shaking.



Hazards10. Fault Rupture

N

X

LSPS.M

PS

Proiect lmpac'tDeqree Of Effect*

N

X

LS PS.M PS


Source Documents: Ventura County lnitial Study Assessment Guidelines of April2011,and Memo from James O'Tousa of the Ventura County Public Works Agency,Engineering Services Division, dated April 19,2011.


12. Liquefaction

N

X

LSPS-M

PS


N

X

LS PS.M PS

Gumulative lmpactDeqree Of Effect"

The site is not located within a potential liquefaction zone based on the Ventura CountyGeneral Plan Hazards Appendix - Figure 2.4b. This map is a compilation of the Stateof California Seismic Hazards Maps for the County of Ventura and is used as the basisfor delineating the potential liquefaction hazards within the county. Therefore, therewould be no project-specific or cumulative impacts to liquefaction.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from James O'Tousa of the Ventura County Public Works Agency,Engineering Services Division, dated April 19,2011.

The site is not located adjacent to a closed or restricted body of water based on aerialphotograph review (photos dated January 2011) and would not be subject to seichehazard. The project is also not located within a tsunami inundation zone based on theVentura County General Plan, Hazards Appendix Figure 2.6. Therefore, there would beno project-specific or cumulative impacts to seiche & tsunami.


The site is not located in a mapped landslide area, located within a hillside, and is notlocated in a potential seismically induced landslide zone, based on analysis conducted


13. Sieche & Tsunami


N

X

LSPS.M

PS


N

X

LS PS.M PS



14. Landslide and Mudslide

N

X

LSPS-M

PS


N

X

LS PS-M PS


by the California Geological Survey. Therefore, there would be no project-specific orcumulative impacts to landslides/mudslides.


This project does not involve the design or construction of any structures. Therefore,there would be no project-specific or cumulative impacts to expansive soils.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from James O'Tousa of the Ventura County Public Works Agency,Engineering Services Division, dated April 19,2011.

The subject property is not within the probable subsidence hazard zone as delineatedon the Ventura County General Plan Hazards Appendix Figure 2.8 (January 27,2004).and the project does not relate to oil, gas or groundwater withdrawal. Therefore, therewould be no project-specific or cumulative impacts to subsidence.


The project proposes the removal of almost I acres of impervious paving. No gradingor permanent structures are proposed. According to the drainage study for the projectdated March 11, 2011, and prepared by Penfield and Smith, there will be a net


15. Expansive Soils


N

X

LSPS.M

Project lmpactDesree Of Effect"

PS N

X

LS PS-M PS



16. Subsidence

N

X

LSPS-M

PS


X

N LS PS-M PS



17. Hydraulic Hazardsa. Non-FEMA (PWA)

N LS

X

PS-M

PS


N

X

LS PS-M PS


reduction in runoff from the site. Therefore, there would be no project-specific orcumulative impacts to hydraulic hazards.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Jim Myers of the Ventura County Public Works Agency, EngineeringServices Division, dated March 30,2011.

The subject property is located out of a 1% annual chance floodplain as evidenced onthe latest "Effective" Digital Flood lnsurance Rate Map (DFIRM) issued by FEMA(January 20,2010) (Panel 810 of 1275, Map # 06111C0810E). Mitigation of the floodrisk can be achieved through the issuance of a Floodplain Clearance. The property ismapped in an'X Unshaded Zone'on the DFIRM Rate Map (outside the 1OO-year butwithin the 500-year floodplain), A Floodplain Development Permit is not required.However, a Floodplain Clearance will be required prior to the issuance of a BuildingPermit and/or a Grading Permit. Therefore, the proposed project would create less thansignificant project-specific and cumulative impacts related to FEMA flood hazards.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Brian Trushinski of the Ventura County Watershed Protection District,Advanced Planning Section, dated April 1 4,2011.

Although the project is in a high fire hazard area, there are no significant structuresproposed that would require protection in the event of a brush fire. In addition, thedesign (a large play field area with no permanent structures) and nature of the proposedproject does not involve any hazardous operations that could lead to a fire and couldspread to the brush area. Therefore, project-specific and cumulative impacts to firehazards would be less than significant.

Source Document: Memo from Richard Martinezof the Ventura County Fire ProtectionDistrict, dated July 22,2011.



17b. FEMA

N LS

X

PS.M

PS


N

X

LS PS.M PS



Fire Hazards18. Fire Hazards

N LS

X

PS.M

PS


N

X

LS PS.M PS

Cumulative lmpac'tDeqree Of Effect*

19. Aviation Hazards


N

X

LSPS-M

PS

Prolect lmpac"tDeqree Of Effect*

N

X

LS PS.M PS


The proposed is not located within the sphere of influence of Oxnard, Camarillo, SantaPaula or Naval Base Ventura Gounty airports. Therefore, there would be no project-specific or cumulative impacts to aviation hazards.

Source Documents: Planning GIS data layers (Airport Sphere of Influence).

The Environmental Health Division comments that the proposed project includes theuse of hazardous materials. lmproper storage, handling, and disposal of thesematerial(s) could result in the creation of adverse impacts to public health. However, theproject's compliance with existing state regulations will reduce potential projectspecificand cumulative impacts to a less than significant level.

The Ventura County Fire Protection District comments that any hazardous materialsused onsite will be regulated and permitted according to the Ventura County Fire Code.Therefore, project-specific and cumulative impacts related to hazardous materials andwaste would be reduced to a less than significant level.

Source Document: Memo from Melinda Talent of the Environmental Health Division,dated July 14, 2011 and Memo from Richard Martinez of the Ventura County FireProtection District, dated July 22,2011.

The proposed project is not considered an activity that generates hazardous waste.Therefore, the project will not have any project-specific or cumulative impacts relative tohazardous wastes.



2Oa. Hazardous Materials and Waste(EH/FIRE)

N LS

X

PS-M

PS


N

X

LS PS-M PS



2Ob. Hazardous Waste (EH)

N

X

LSPS.M

PS

Proiect lmpactDesree Of Effect"

N

X

LS PS.M PS


Source Document: Memo from Melinda Talent of the Environmental Health Division,dated July 1 4,2011.


21. Noise and Vibration

N LS

X

PS-M

PS


N

X

LS PS.M PS


The Ventura County lnitial Study Assessment Guidelines define noise as "any unwantedsound that is undesirable because it interferes with speech and hearing, or is intenseenough to damage hearing, or is othenivise annoying." The Ventura County lnitial StudyAssessment Guidelines require an analysis of noise impacts, based on whether theproject is a "Noise Sensitive Use" or a "Noise Generator." Noise sensitive uses aredwellings, schools, hospitals, nursing homes, churches and libraries; since the projectdoes not include the construction or use of these types of uses, the proposed projectdoes not involve a "noise sensitive use." However, the project has the potential togenerate noise and, therefore, is subject to evaluation as a "noise generator."

ln order for a project to be a noise generator, the Ventura County lnitial StudyAssessment Guidelines state that the project must generate noise at the nearest noisesensitive use/residential district that exceeds:

. 55 dB(A) between 6:00 a.m. and 7:00 p.m.,

. 50 dB(A) between 7:00 p.m. and 10:00 p.m., or. 45 dB(A) between 10:00 p.m. and 6:00 a.m.

The airsoft and paintball facility is expected to produce some noise during scheduledpaintball games. However, the firing of a paintball gun does not create the level of noiseas that of a firearm. ln addition, the nearest sensitive receptor to the proposed playfieldareas of the paintball facility consist of a single family dwelling located more than 1,700feet south of the project site. ln addition, several accessory buildings are locatedapproximately 995 feet east of the project site (APN No. 500-0-090-310). However, asearch of the permit history for this parcel revealed that these buildings were notpermitted for habitable use and were associated with the former Egg City agriculturalfacility. Therefore, as the nearest noise sensitive receptor is located more than 1,700feet away from the proposed playfield area, and the noise created by the firing of thepaintball gun would be lower than that of a firearm, the noise generated by the paintballfacility will not produce noise levels that exceed the noise levels noted above.Therefore, project-specific and cumulative impacts to noise would be less thansignificant.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,Applicant's project description, dated July 6, 2011, Permits Plus and Planning GIS datalayers (aerial imagery).



22. Davlime Glare

N

X

LSPS-M

PS


N

X

LS PS.M PS


The proposed project would not create a new source of glare for motorists or personstravelling along any road of the County Regional Road Network, such as Shekell Roadand Grimes Canyon Road. ln addition, no exterior lighting is proposed for the project, asthe facility proposes to operate only during daylight hours. Therefore, the project will nothave any project-specific or cumulative impacts relative to daytime glare.

Source Document: Ventura County Initial Study Assessment Guidelines of April 2011.

The proposed project may have impacts to public health from hazardous materials.Compliance with applicable state regulations enforced by the Environmental HealthDivision will reduce potential project-specific and cumulative impacts to a less thansignificant level.



24. Greenhouse Gases

N LS

X

PS-M

PS


N

X

LS PS.M PS


The Ventura County Air Pollution Control District has not yet adopted any approach tosetting a threshold of significance for land use development projects in the area ofproject greenhouse gas emissions. The project will generate less than significantimpacts to regional and local air quality and the project will be subject to a condition ofapproval to ensure that all project construction and operations shall be conducted incompliance with all APCD Rules and Regulations. Furthermore, the amount ofgreenhouse gases anticipated from the project will be a small fraction of the levels beingconsidered by the APCD for greenhouse gas significance thresholds and far belowthose adopted to date by any air district in the state. Therefore, project-specific andcumulative impacts to greenhouse gases would be less than significant.



23. Public Health

N LS

X

PS-M

PS

Proiect lmpac'tDeoree Of Effect*

N

X

LS PS.M PS


Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Memo from Ventura County Air Pollution Control District, dated April 13,2011.


25. Communitv Character

N LS

X

PS.M

PS

Project lmpactDegree Of Effect*

N

X

LS PS-M PS


The project site is located at 8463 Shekell Road within the unincorporated Moorparkarea of Ventura County, west of State Route 23lGrimes Canyon Road. The proposedproject site is currently not in use and contains patches of concrete from the former EggCity agricultural facility. Orchards are present adjacent to the western boundary of theproject site. The Grimes Canyon mining operation abuts the project site to the northand open space/agricultural uses surround the project site to the south, west and east.The nearest single family residence is located more than 1,700 feet south of theproposed project site. The proposed pQect will not be out of character with theagricultural and open space uses surrounding the site, as each of the temporarystructures (e.9., air filled bunkers, hay bales, wooden spools, wooden walls, dirtmounds, sandbag walls, building facades) will not be more than 8 feet in height. Thethree proposed sea cargo containers would be 400 square feet each and located southof the parking area. Although the roll off containers would be visible from Shekell Road,the project will be conditioned to require that the containers be painted a light tan color.

Therefore, due to the location and design of the proposed project, it will not be out ofcharacter with the surrounding lots and uses. Therefore, project-specific and cumulativeimpacts to community character would be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Planning GIS data layers (2011 aerial maps and land use layers).

26. Housinq


N

X

LSPS.M

PS


N

X

LS PS.M PS


The project does not include the elimination of any existing dwelling units, as the projectis a request to operate an airsoft and paintball facility. The project will not create ademand for new housing, as the airsoft and paintball events would occur a maximum of116 days per year. There is expected to be no project specific or cumulative impact onhousing demand in order to accommodate the proposed employees of the airsoft andpaintball facility, as only 10 employees are proposed to work at the facility during



27. Publtc Facilities & Servicesa. Transportation & Circulation

(1). Level of Service

N LS

X

PS-M

PS


N

X

LS PS-M PS


designated hours of operation. Therefore, the project will not have any project-specificor cumulative impacts related to housing.

Source Document: Ventura County initial Study Assessment Guidelines of April 2011.

The Transportation Department comments that the proposed project will generateadditional traffic on the local public roads and the Regional Road Network. The ruralcounty road (Shekell Road) to be used to access the project site currently has a verylow traffic volume per day and the highest level of safety (LOS A). The anticipatedmaximum of 130 vehicles that would anive at the site per day would not substantiallyburden Shekel Road or other nearby roadways in the vicinity. These vehicle arrivalswould generally be spread out over a 7-hour operational day in non-peak traffic hours.Even if the total 25O-person customers were to arrive at one time, the temporary spikein traffic would be of short duration. ln addition,lO4 of the total 116 operational dayswould occur on weekends. lmpacts on level of service would be less than significant.

To address the cumulative adverse impacts of traffic on the Regional Road Network,Ventura County Traffic lmpact Mitigation Fee (TIMF) Ordinance 4246 and General Plan(GP) Policy 4.2.2 require that the Transportation Department of the Public WorksAgency collect a TIMF from developments. This project is subject to this Ordinance.With payment of the TIMF, the level of service (LOS) and safety of the existing roadswould remain consistent with the County's GP.

Therefore, project-specific and cumulative impacts to level of service on public roadswould be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Behnam Emami of the Ventura County Public Works Agency,Transportation Division, dated April 26, 2O11.



27 a. T ransportation & Circulation(2). Safety & Design of Public Roads

N LS

X

PS.M

PS


N

X

LS PS.M PS


The Transportation Department comments that the anticipated low volume of trafficgenerated by this project would not warrant improvements to the rural county road(Shekell Road) that will be used to access the project. The proposed project does nothave the potential to alter the level of safety of this road. Furthermore, the proposedproject parcel does not have frontage along this road. Main access to the play areaswill be provided by an existing driveway on an adjacent parcel southeast of the projectparcel. Therefore, project-specific and cumulative impacts to the safety and design ofpublic roads would be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April2011,and Memo from Behnam Emami of the Ventura County Public Works Agency,Transportation Division, dated April 26, 2011.

The Ventura County Fire Protection District comments that private roads and highwayssurrounding the project site meet fire department minimum requirements for safety anddesign. ln addition, the nature of the proposed airsoft and paintball facility will notgenerate enough additional traffic to negatively impact the existing system. Therefore,project-specific and cumulative impacts relating to the safety and design of privateroads would be less than significant. Therefore, project-specific and cumulative impactsto the safety and design of private access would be less than significant.

Source Document: Memo from Richard Martinez of the Ventura County Fire ProtectionDistrict, dated July 22,2011.

The Ventura County Fire Protection District comments that the transportation andcirculation system is adequate without any required improvements. Shekell Road andGrimes Canyon Road provide access to the project site. The roads in the vicinity of theproject site are in full compliance with the County Public Roads Standards and Ventura

Final lnitial Study For LU1 1-0030Page 22 oÍ 33

27 a. T ransportation & Ci rculation(3). Safety & Design of PrivateAccess


N LS

X

PS.M

PS

ProJect lmpactDegree Of Effect*

N

X

LS PS.M PS



27 a. T ransportation & Circulation(4). Tactical Access

N

X

LSPS.M

PS

Proiect lmpacfDegree Of Effect*

N

X

LS PS.M PS

Cumulative lmpactDegree Of Effect"

County Fire Protection District Private Road Guidelines. Therefore, there are no project-specific and cumulative impacts relating tactical access.

Source Document: Memo from Richard Martinezof the Ventura County Fire ProtectionDistrict, dated July 22,2011.


27 b. P edestria n/B icycle

N LS

X

PS.M


PS N

X

LS PS-M PS

Gumulative lmpactDegree Of Effest*

The Transportation Department comments that the guests will arrive via motorizedtransport. Thus, the project will not generate significant pedestrian and bicycle traffic.Furthermore, the county road (Shekell Road) to be accessed by the project is of a ruralnature and this road would not be required to have pedestrian or bicycle facilities perthe applicable county road standard for rural roads. Therefore, project-specific andcumulative impacts to pedestrian/bicycle access would be less than significant.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Behnam Emami of the Ventura County Public Works Agency,Transportation Division, dated April 26, 2011.

The project site is not located near any bus transit facilities. ln addition, the proposedairsoft and paintball facility is not a use that will generate new demand for bus transit.Therefore, the proposed project will not have project-specific and cumulative impactsrelated to bus transit.

Source Document: Ventura County Initial Study Assessment Guidelines of April 201 1.

The project site is not located near any railroads. ln addition, the proposed airsoft andpaintball facility is not a use that will generate new demand for railroads. Therefore, theproposed project will not have any project-specific or cumulative impacts to railroads.


lssue (Responslble Department)

27c. Bus Transit

N

X

LSPS-M

PS


N

X

LS PS-M PS



27d. Railroads

N

X

LSPS.M

PS


N

X

LS PS.M PS


Source Document: Ventura County lnitial Study Assessment Guidelines of April 2011.


27e. Airports X

N LSPS-M

PS


N

X

LS PS-M PS


The proposed project is not located within two miles of any public airport. ln addition,the proposed airsoft and paintball facility is not a use that will generate new demand forairports. Therefore, the proposed project will not have any project-specific or cumulativeimpacts to air traffic safety,

Source Document: Ventura County Initial Study Assessment Guidelines of April 2011.

The proposed project is not adjacent to any harbor, will not affect the operations of aharbor, and will not increase the demands on harbor facilities. Therefore, the proposedproject will not have any project-specific or cumulative impacts related to harbors.

Source Document: Ventura County lnitial Study Assessment Guidelines of April 2011.


27s. Pipelines X

N LSPS.M

PS


N

X

LS PS-M PS

Gumulative lmpactDegree Of Effect"

The proposed project is not located on, or within the vicinity of, a pipeline facility orroute. Therefore, the proposed project will not have any project-specific or cumulativeimpacts related to pipelines.

Source Document: Ventura County lnitial Study Assessment Guidelines of April 2011


27f. Harbors


N

X

LSPS-M

PS


X

N LS PS-M PS

Cumulatlve lmpactDeqree Of Effect*


28. Water Supplya. Water Supply Quality

N

X

LSPS-M

PS

ProJect lmpactDesree Of Effect*

X

N LS PS.M PS


The proposed project will include the use of bottled water for consumption by customersand employees, and use a water truck for dust control. . No new water facilities will beconstructed to serve the site. Therefore, the project will not have any project-specific orcumulative impacts to water quality.


28b. Water Supply Quantity


N LS

X

PS.M

PS


N

X

LS PS.M PS


The proposed project does not require a permanent supply of water. Therefore, theproject will have less than significant project-specific and cumulative impacts to watersupply quantity.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Memo from Ewelina Mutkowska of the Ventura County Watershed ProtectionDistrict, Water and Environmental Resources Division, dated April 18,2011.


28c. Fire Flow

N

X

LSPS-M

PS


N

X

LS PS-M PS


The proposed project will include the use of bottled water for consumption by customersand employees, and use a water truck for dust control. . No new water facilities will beconstructed to serve the site. However, if any permanent structures are proposed,water supply shall be evaluated as part of the building permit process. Therefore, basedon the design of the proposed project, the project will not have any project-specific orcumulative impacts on fire flow.



29. Waste TreatmenUDisposala. lndividual Sewage DisposalSystem


N

X

LSPS.M

PS


N

X

LS PS-M PS


Wastewater disposal will be accomplished through the use of portable toilets. Theproposed project will not require the use of an on-site sewage disposal system.Therefore, the project will not have any project-specific or cumulative impacts to on-sitesewage disposal.


Wastewater disposal will be accomplished through the use of portable toilets.Therefore, the project will not have any project-specific or cumulative impacts to asewage collection facility.

Source Document: Memo from Melinda Talent of the Environmental Health Division,dated July 14,2011.

29c. Solid Waste Management


N

X

LSPS-M

PS


N

X

LS PS.M PS


Pursuant to the IWMD's factors determining the significance of project impacts to solidwaste facilities within Ventura County, any discretionary development project generatingsolid waste will impact the County's remaining solid waste disposal capacity.Additionally, as required by California Public Resources Code (PRC) 41701, VenturaCounty's Countywide Siting Element (CSE), adopted in June of 2OO1 and updatedannually, confirms Ventura County has at least 15 years of disposal capacity availablefor waste generated by in-County projects. Therefore, because the County currentlyexceeds the minimurn disposal capacity required by state PRC, no individual projectshould have a significant impact upon remaining Ventura County solid waste disposalcapacity, Therefore, the project will have less than significant project-specific andcumulative impacts to solid waste management.



29b. Sewage Collection & Treatment

N

X

LSPS.M

PS

Proiect lmpactDesree Of Effectt

X

N LS PS-M PS


Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011,and Memo from Derrick Wilson of the Ventura County Public Works Agency, IntegratedWaste Management Division, dated April 1,2011.

The proposed project does not include a solid waste facility. Therefore, the project willnot have any project-specific or cumulative impacts relating to solid waste facilities.



30. Utilities

N

X

LSPS-M

PS

Project lmpactDegree Of Effect"

X

N LS PS-M PS


The VCISAG states that any proposed project that would cause a disruption or re-routing of an existing utility facility, or increase demand on a utility that results in theexpansion of an existing utility facility which has the potential for secondaryenvironmental impacts has the potential for significant impacts. The proposed project isan airsoft and paintball facility and would not utilize any natural gas or electric heaters,and would not involve a wireless communications facility. ln addition, the project site iscurrently served by electrical facilities. Therefore, the proposed project will not have anyproject-specific or cumulative impacts related to utilities.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011.

The Watershed Protection District, Planning and Regulatory Division reviewed thehydrology report (prepared by Penfield & Smith, dated March 17, 2011), which wassubmitted with the CUP application. The District comments that the site imperviousnesswill be reduced from approximately 50% to 32% through the removal of a portion of the

Final lnitial Study For LU1 1-0030Page27 oÍ 33


29d. Solid Waste Facilities

N

X

LSPS.M

PS

Profect lmpactDeoree Of Effect*

N

X

LS PS.M


PS


31. Flood Control/ Drainagea. WPD Facilities & Watercoursies

N LS

X

PS-M

PS


N

X

LS PS.M PS


existing concrete pads.channels.

The project is not adjacent to District red line jurisdictional

District staff further comments that no additional improvements are required beyondthose already included in the project design. Also, the project design mitigates the directand indirect project-specific and cumulative impacts to flood control facilities andwatercourses. Therefore, project-specific and cumulative impacts are considered lessthan significant on red line channels under the jurisdiction of the Watershed ProtectionDístrict.

Source Document: Memo from Tom Wolfington of the Ventura County WatershedProtection District, Planning and Regulatory Division, dated April 1 5,2011.

The project is not adjacent to County Watershed Protection District red line jurisdictionalchannels. The hydrology report submitted for the proposed project, states that the siteimperviousness will be reduced from approximately 50% to 32o/o through the removal ofa portion of the existing concrete pads.

District staff further comments that no additional improvements are required beyondthose already included in the project design. Also, the project design mitigates the directand indirect project-specific and cumulative impacts to flood control facilities andwatercourses. Therefore the environmental assessment is less than significant on redline channels under the jurisdiction of the Watershed Protection District. Therefore, theproject is expected to have less than significant project-specific and cumulative impactson Watershed Protection District facilities.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011,and Memo from Tom Wolfington of the Ventura County Watershed Protection District,Planning and Regulatory Division, dated April 1 5,2011.


31b. Other Facilities & Watercourses


N LS

X

PS.M

PS


N

X

LS PS.M PS

Cumulative lmpactDegree Of Effec{*


32. Law Enforcement & EmergencyServices

N

X

LSPS-M

PS

ProJect lmpactDeqree Of Effect*

N

X

LS PS.M PS

Gumulatlve lmpactDeqree Of Effect*

The proposed project is an airsoft and paintball facility. According to the VCISAG, theproject is not a use that could generate a potentially significant increase in demand forlaw enforcement or emergency services.. Therefore, the proposed project has noproject-specific or cumulative impacts related to law enforcement and emergencyservices.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011

The proposed project will have a less than significant impact on response time.Distance from full time, paid fire station is within a reasonable distance for responsewithin acceptable time frame. Therefore, the project is expected to have less thansignificant project-specific and cumulative impacts on distance and response time.


The Ventura County Fire Protection District comments that the proposed project doesnot require additional personnel or equipment. There are no proposed significantstructures and the project site is essentially a large playfield area. The Districtcomments that they do not anticipate a significant rise in call volume to this site basedupon the type of business proposed. Therefore, the project is expected to have lessthan significant project-speciflc and cumulative impacts on personnel and equipment.

Source Document: Memo from Richard Martinez oÍ the Ventura County Fire ProtectionDistrict, dated July 22,2011.

Final lnitial Study For LUl 1-0030Page 29 of 33

33. Fire Protectiona. Distance and Response Time


N LS

X

PS-M

PS


N

X

LS PS.M PS

Cumulative lmpactDeoree Of Effect*


33b. Personnel and Equipment

N LS

X

PS-M

PS


N

X

LS PS.M PS

Cumulative lmpactDegree Of Effect"


34. Educationa. Schools

N

X

LSPS.M

PS

Project lmpactDegree Of Effect*

X

N LS PS.M PS


The project is located within the Moorpark Unified School District (MUSD). Theproposed project does not involve a residential use. Furthermore, the proposed projectis not located adjacent to any school facilities and will not have any impact on schoolfacilities or operations. Therefore, the proposed project will not have project-specific orcumulative impacts on schools.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011and Planning GIS data layer (schools).

The closest library is the Moorpark Library, which is approximately 7.5 miles from theproject site. The proposed project does not involve a residential use that could result inan increase in population and a corresponding increase in demand for libraries.Furthermore, the proposed project is not located adjacent to any library facilities and willnot have any impact on library facilities or operations. Therefore, the proposed projectwill not have project-specific or cumulative impacts on schools.

Source Documents: Ventura County lnitial Study Assessment Guidelines of April 2011and Planning GIS data layer (libraries).

The proposed paintball and airsoft facility would not result in an increase in populationwithin the Moorpark area, thgreby creating a new demand for parks, trails, or otherrecreational facilities. Although Happy Camp Canyon Park is located within 5 miles ofthe project site, the proposed paintball and airsoft facility does not involve developmentthat could adversely interfere with the use or development of the park. Finally, there areno trails located within the vicinity of the project site with which the proposed project



34b. Libraries

N

X

LSPS-M

PS


X

N LS PS-M PS

Gumulative lmpactDesree Of Effect"


35. Recreation

N

X

LSPS.M

PS

Proiect lmpactDeoree Of Effect*

N

X

LS PS.M PS


could interfere. Therefore, the proposed project would not have any project-specific orcumulative impacts to local or regional parks, trails, or other recreational facilities.

Source Documents: Ventura County Initial Study Assessment Guidelines of April 2011and Planning GIS data layer (trails).

Degree of Effect:frl = No lmpact.LS = Less Than SignificantPS-M = Potentially Significant lmpact Unless Mitigation lncorporated.PS = Potentially Significant lmpact.

Agencies:Airports - Department Of AirportsAg. Dept. - Agricultural DepartmentAPCD - Air Pollution Control DistrictEH - Environmental Health DivisionFire - Fire Protection DistrictGSA - General Services Agency

Harbors - Harbor DepartmentLib. Agency - Library Services AgencyPlng. - Planning DivisionPWA - Public Works AgencySheriff - Sheriffs DepartmentWPD - Watershed Protection District


Section G- Ma Findi of Si nificance

4. Does the project have environmental effects that will causesubstantial adverse effects on human beings, either directly orindirectly?

3. Does the project have impacts that are individually limited, butcumulatively considerable? "Cumulatively considerable" meansthat the incremental effects of a project are considerable whenviewed in connection with the effects of past projects, the effect ofother current projects, and the effect of probable future projects.(Several projects may have relatively small individual impacts ontwo or more resources, but the total of those impacts on theenvironment is significant).

2. Does the project have the potential to achieve short-term, to thedisadvantage of long-term, environmental goals? (A short-termimpact on the environment is one that occurs in a relatively brief,definitive period of time while long-term impacts will endure wellinto the future).

1. Does the project have the potential to degrade the quality of theenvironment, substantially reduce the habitat of a fish or wildlifespecies, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animalcommunity, reduce the number or restrict the range of a rare orendangered plant or animal, or eliminate important examples ofthe major periods of California history or prehistory?

Based on the information contained within Sections B and G:Yes/

Maybe

X

X

X

X

No


lt

1t

t l

txl

t I

On the basis of this initial evaluation:1. I find the proposed project could not have a significant effect on the

environment, and a Negative Declaration should be prepared.

3. I find the proposed project, individually and/or cumulatively, MAY havea significant effect on the environment and an Environmental lmpactReport is required.*

2 | find that although the proposed project could have a significant effecton the environment, there will not be a significant effect in this casebecause the mitigation measure(s) described in section C of the InitialStudy will be applied to the project. A Mitigated Negative Declarationshould be prepared.

5. I find that although the proposed project could have a significant effecton the environment, because all potentially significant effects (a) havebeen analyzed adequately in an earlier EIR or Negative Declarationpursuant to applicable standards, and (b) have been avoided ormitigated pursuant to that earlier EIR or Negative Declaration, includingrevisions or mitigation measures that are imposed upon the proposedproject, nothing further is required.

4. I find that the proposed project MAY have a "potentially significantimpact" or "potentially significant unless mitigated" impact on theenvironment, but at least one effect 1) has been adequately analyzedin an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlieranalysis as described on attached sheets. An Environmental lmpactRepoÉ is required, but it must analyze only the effects that remain tobe addressed.

Section D. - Determination of Environmental Document

\- ll,'ILof Person ble for Administering the Project Date

*ElR lssues of Focus:

signature

Final lnitial Study For LUl l-0030Page 33 of 33

Parcel Boundary

ZONING

GENERAL PLANE=Ventura CountY

Ræourcê lvlanagoment A gency

lnformation Systems

Dáb Print6d: 02/'15/2012

Conditional Use Permit No. LUil-0030Exhibit A

Generaf Plan, Zoning & Land Use Map@

Pn('PETT OTNM;::a -;a.' : l':a ---..!'-./ì:=:!? souì.gaRJ

REVOVE EXISIINGÂSPHÂLI TO LIMIIS

tEcEt{D

HN/ffi

EI{dNEET

sHowN (TYP.)

PROPERTY

ro'srDESÍBACK

CUP

sffE s¡atïsftcs

i

iL?.-*E

REMOVE EXISTINGCONCRETE PAOS WTHINLIVIT5 OF DIRf PUYING

F|ELD (ñP.)

LOCÂÍoX tAP

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PÉtÍlED t !83 [{ OPet SPTCE

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vv7v7--l: . : ... : I

ñUEffi! lflmR¡Fl fitE(ErD usEl P^Êo{o ^nE

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Conditional Use Permit No. LU11-0030Exhibit B- Ptans

BOUNDARY TAPa_.J.\.1

ft

4;ïlt-*.4J

:l:1

WARPED PAINTBALL PARK, LLCSITE PLAN

APfl: 500-0-090-2J5. ClUNil 0F !€NIURA CA

COUNTY OF VENTURARESOURCE MANAGEMENT

AGENCY

SECONDARY ACCESS FOREMERGENCY PURPOSES ONLY

d201

To:F¡om:

D¡tc:Eubfoct:

l¡larcy <n¡tM@æl.com>fdsúa.roodsad@vent¡ra.op' <lclotlna.rcodsarlt@entura'org>

øæn01l 11:34 PMPalntballpark

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Tom Caabgnetb' <dþm¡Þ[email protected]><krbü[email protected]>O1l16,l?f012l:21 PM

SUU¡oft otp Lull-{X130

I rror¡ld lore b see thl¡ Prol€cl apprcvcd. I e¡rqnüV hoq tö dt9 oYer

om hor¡rf¡om narvburyþ*O ddSh6b playthegnmel love. Venü¡n¡selly needs a gpod plaæ b Play.Thankyou,Tom

CL

County of VenturaResource Management Agency, Planning Dept.8fi) South Vlctoda AvenueVenUrq CAS|009

Dear Ms. Roodsarl,

We are üre prcperty ou,nerc dtr€ctly .gpss Shekall Road from the propoeed g.tlt Tl "

home d 8259 Sheke" ] Of

Road ls on our'próperir. w; are oppoåed þ ürle GoMMERCIAL actW ln the mHdle of e rural farmlng area.

i""T"T ;Í,ïJ#H5,f#,ffiJile"d-JD2

Attn: Krletlna Roodserlkrlsllna. rcodsad@vent¡ ra.org

Refercnce: CUP LU 11-0Og)

Ttro hundrcd and fffry people (d-) and one hundpd flfry (+â can¡ EVERY weekend and EVERY holHay

.clearly changee the rural agrlcultunl aÙnospheo.

Ahmlly wlth thrce chlklren llve ln the houee on Shekell. The rural lMng they value wlll be cfianged

gþnúent{V f thb commeldd prolect ls appmved.'

Thank you ln advanoe br respectlng our most important lndusfy: Producüon Agrlculturc.

Slncorely,Gary CusumanoDlana Gusumano?j7gg Laurel Oak CourtValencla, CA" 91381Telephone: 861 -305-7549

lo,lut

Wth rcgardsbtraflîc, ^.. l^-lmprcvemõnb b Shekell aY' lWone must enterhe wesilb J

*ffi å;'13#ffi ffi.î,T, j",?:ffiT.T,fi ef #f, Ïliil3i"iï'3'îigiff .ft ffi i#î"iåîffi H]Þbeen awarc of thls proPoeall

Thls proposed CUp wllltestour County's commttnentb þrcductlon agrlcullurc v€ßus LEAPFROO J OZcommerbai acüv¡y. lf thls ls apprcved, I can lust see the need for a hot dog stand next. .' J - '

Law Ofñce of K.M. NeiswenderLltigatlon Ô Land Use ! Buslnese

PostOffce Ùx24617Ventuia, Callfomla 93002

vPlce: 805.8495575fa¡c 805'649.8188

emalt !mn.!cg4@Eþ9sþÞc149!

January 16,2012

KimPrilhartPla¡niqg DirestorCountyofVqn¡¡a800 So Victoris Av€.Voû¡rs CA 93009

Ro: Høing onNegative Dccla¡¡tioa a¡rd CLJP for Gleún Fonter of Sraçed Pain6all

D€arMs. Prilhart

This ofEce rcpresent¡ a ur¡mbcr of thc resid!ûts and noighbois of úo propoeed warpcd

paintbalt project, inpiud and others. Iho neigþbon,

all,of uùómát" iUr-.*. inthis letter'

vcntura cormty has, fur years, kept o foors on maintaining agdfllü¡rc within its

boundaries. for example, dOen "tt"

passea ostensibþ to probct the County's agfisulü¡¡al

t€sourûes. There are.-y *u-ples within the G€ûiral Plan of the County'soverall plÊn to

pmtost that reason, it is inco'nprohensible-ú-;; f an iryorbnt agricultural sr€a"

pai¡tball is ¿ r€cû€stioml pastino tb¡t involvos shooting g"l-filld oapsulos at targets and

others. lt Ir ioiry -¿ laucous, with an anticipabd inpact of something-bot*P m amusêmmt

operational day. Therc atlnumerous'addressed in the Negatíve

rçview sf thís Projec,t.

Thisproject is inconsisteNrt with the sgioultumld be sited elsewhere, preferably in a

commerci¿l zone. As will be distusscd in this letter, there

impacts of this projeoL but at the core of these impacts is a

with the surrourding landuses.

The Gensral plan goals and policies a¡e olear: disoretiona¡y developmelrt locahd.on la¡do relnove as little land as possible Êom

on ùopsoil. Fu¡ther, agrisultural landisle rcsor¡¡ce.

ÉL

ÊL

É3

Êq

KimPrilhartJanuary 16,2012Page Two

This pmject is a commerci¿l use

land, raiee czops md r¿ise their frmilies.project next to homes, croPs and

aclnowledge that such ause in ¿We a¡e in tbe process of contacting an appraiser

paiffb A paintball is compriàed of ¿ gpl¡tinous tholl,

and a mixture glycol and dræ. Polyeth¡rlolre glo¡æol (known as

PEG, PEO, or POE) is a pol¡mer of efhylene oxide. The th¡ee nsmes are chemicallyfer to oligomors and pol¡mrers with ¿

with ¿ molccrrla¡ m¡ss above 20'000

ghol, liqt¡idsclow-melting

ófi¿", çvafiety of industriosr

and is

lVe h¿ve to assume thæ hund¡eds of thousands of paintballs will be us€d at tho site wery

I would re,mind the Cormty that i[ 2005, the Los Angelcs Regionsl *"* Quafity Coûüol

Board adopted a Condition¿l lüaiver ofWastc Discha¡ge Rcquiremenb for Discbarges ftom

Inigated L*dr Within the Los Angolcs Regim. Knom informally as the"fu \lraivcl'progrym'

pollubats from cr¡ltivaied fiolds ino st¡rfrcô u'aterl

n¡nofffrom thsir lands, why is it that the paintball opcration - which is inhodt¡oing an rmknown

quantity of an inùlstrial clrsmioal into the

tho'impacts of the PEGi n¡n-off? We neod

ofr, which will require quantifying the amor¡nt

p-p*V in a given tine period. We need to dcærmine how PEG at[ects asricultr¡r8l lånds.

There is atso the very practical question of what håpe€ns when a paintball leaves the

Foject site a¡d hits "

gfoo'ing crop. If one or two paintballs off-site imnacts, it csn mean'

ln" ¿it "t

loss ofm¿ù¡fc ot'oodot or le¡nons. In contrasÇ if apaintball figbt crosses the fence

(and the only fences around the project siæ a¡o Þa¡bed wiro, or simila¡ m¿terials) at the rigbt time

o lossoms or shoots, resulting in a s€rious loss of cmp

p Negative Decla¡ation about suchpotential problems.

Domolition Imoacts. Direct.and Indiroofi Tho Negative Decla¡ation states that the project

witt ¡esffi than 340,000 squar€ feet of concl€t€ and asphalt

Ap,palently, the material is to be stored on site. Ttrere is absolutely nothing in the Negative

Êt

Eb

E7

É8

g

ç\D

Kim hilha¡tJanuary 16,20L2Page Three

Deota¡ation that add¡esses thc impacts of the de,molitioq tho oFsit€ transportation of the

oonc¡ete and asphalt, or the long-term storage of these m¿terials.

ïhe demoliti6¡ irTracts alone may be devastating to the sunounding agicultural

contains calcium hydroxide, which is ctlongly alkalino with a pll of l&12' This hieb qlkslinig

the soil chcmistsy and r€sult inpou crop

directly atreob the long tclm agricutü¡ralcould rbsult in tho loss of all plants

offas tho catciumhYdroxide would

its chemistry

J

Ett

VIL

Çt3

Sig1i emissions arc generallY

oont¡i¡od in that prohibit ùe generation

cause injury, detrime,nt nuisÄrce, or snno)¡ance

Safcty Code, Division 26, $41700).

. Beoause the consEuction impac'ts from the project wilt be signifrcant, the use ofaNegative Decla¡ation is improper. Fugitive dust emissions from the site have the potontial øcause "injury, detrimonÇ nuisanoe, or anno¡tancett and tth¿ve a natural tendenoyto cause injury or eH¡lamnge to business;" thus, the constn¡ction imPacts of the project must be congidered significant

and suitable and enforceablé measures required.

There is another issuo tbat is not addr€ssed ¿t ill in the Negative Declaration, that of sale

and hansport of tho concrcte and asphalt. The only refereooe to the asphalt and oon6ete, post-

demolition, is tb¿t it $'ill be'temporarily'' stooþiled on a 3.5 arre portion of the project site.Ets

Kim PrilhartJanuary 16,20t2Page Four

Asphatt foruse in other

p-¡*tt Pieccs, it ca¡ be

utiføe¿ WorksPersonnolas..conhacûof8r gold' for suoh uses, becausG it assi andprotecting against

c¡osion It iB ha¡d ¡p imngine that a valuable commodity sr¡oh as tbis would be lsft in a hugo

Êomthese lt

bo neoiled and over what period of time; wbat a¡s

transportation oÊsib; if tho m¡mial wilt b€ tansported þ lan¡lfiUs, will therc will an irqact on

Un¿nU capacityf These a¡e all important questions, and nono h¡s beeo add¡essed.

It on the other band, the prcject proponent intcnds to lear¡c this m¡¡odal on+iþ Ém the

Negatinebeoh¡ation should rddi"ss t¡Jinpacc of a hr¡ge mouotain of dcmoliti<in n¡ffiiat.TúE will be visr¡sl impaots, oertainly. It is possible that snrch a structu¡€ would atEact rats or

otherv€ßmin" The impact efhigh ratpopulations o'n tho neighboring fr¡ms wd¡ldbe serrere; rats

ar€ v€ry fond of ¡vocados an¿ wiil ¿amage the ø,ops. In addition, tb€tr€ is the question of a large

rat population bdnging disease to the ac€q or attractiqg predaúor* None of this has beÆû

address€d"

In summary, it would be onormously difEoult to der¡rolish 340,000 sqr¡arc fcet of asphalt

and oonorob wiúõut impricting the neighboring properties. None of these impaots a¡e addressed

in the County's existing mvíronmental door¡menl

One finnl note on this section: the docr¡me,ot suggpists thnt tho asphalt and concreto willberomovo{ in order ùo 'Tnstalf' a pa*ing a¡ea for the paintUatt prcject Is thst a pavod or unpaved

sr¡rfrco? Ifuryavd what is thc potential for greaso, oil and otherhydrocarbons to go into the

groutrd at this loc¿tion? How will tb¿t a,ffect theneighloring agrisultural properties?

Fi¡e Haz¿¡de: Becar¡se there is no habitable stnctre being constuotd the Negativepe"tarafio ¿¡smissud all firc haza¡ds as minim¡I. However, stn¡ctur€s will be oonstR¡ot€d. On

pxge1of the.Notice of Intent to Adopt a Negative Dècla¡ation " staff explains that'temporary'rnõotot* will be placed in the desiganûed playfield a¡cas md consist of . . . buildi"g faoades."

EIE

lt6

l Et1

Etø

e$

Notice to The Neicùbors: None of the ncigbbors that we have spokør to recoived notice.

orry crrs@keü Road, did not receive notice and was only infømed ofthisïroject by ttiikc plater. Mr. Plator did not receive notice and just happ€Dcd to see r€fercnce

to tre pio¡ecfwhile at the County on another mattc. '

The Negative Decla¡ation ssid that all neigbbom receivod notice, if they were $'ithin 300

fect of the proj"ot Uo*Aury. lVo would ask that all neighbors beprovided propcr notice. flue to

the large panc] sizos in this agricultr¡ral area, we woutd suggest that notíce be given to all

pûopeÉy owncrl within 1,000 feet of tho projeot site.

0r0

KimPrilhartJanuary 16,2012Page Five

Building facadcs a¡o m¡de o

damagodtho Pl¿tcr ñrm onlY a fewThere is no plan for fi¡o protcction, no waten oa

fi¡e tb¡¡ r"i *igi*æ oå O" siæ. Ther€ will be up to l50vchicles p€r date of operation'

prqellants in tUã paintUatt guns, and otheritoms th¿t could spark a fire. ID timÊs of drought,'r*i

ur tlry ono thå Comty ú r*.rUV suffering; ur¡lcr soulgs_for finr pro&ction are-oritiost At

a minimum, thc projæt proponent.*t Uo reqr¡¡red to provido for fi¡s ploæotion for his sitc and

Éz¿

is a çrta agrioutü¡ral ncigbbothood. lvhst is beingproPosod willeigniûoantly inar€aso tbo tra,fic, in an arc¿ tb¿t already has somo problcme. Spocificall¡ ifsomomo is trying to turn eastbound ûo'ß Shokéll Road onto Broadn¡ay, a driver mu¡t cntcn tho

westbormd læo ofB¡oadwayto seo if tberc is mytrafrc comingcastbomd- Ifthorc me 150 çLlvchicles ane'meting to do the ¡ramo thing at the ¡amc time (at the closo of tho Paintball operation),

the¡r ssf€ty on Bmadwzy will bo coryromised" Tho neigbbors tying to r¡sc Shekellwill bo

heavily iqact€d. \Vhile 150 vehiclos msyaeeÉ

Condu¡lon: The neigþore are oppoacd to a commsrcial use in thsirrural and

agriaultural noig[borhood. lbere a¡r sflr€ral issuos thst fte County has not addr€8sG4Ezzspecificalty úo demolition and dirposal of 340,000 Bquar€ fcct of pevecnmÇ firo hazards; trafro;

asd tho impacts of run-otr ftm hr¡od¡eds i¡f thousands of 'traiúalls," which a¡e ambû¡rs ofindr¡strial chcmicals and d¡æ4.

The noigbborüood rceds to disút¡ss this aad proper notico should bc seût to all of the

noighbme, incUA¡¡g those who do nt¡t share a property line with the p¡oiec.¿ .

Thank pu for ¡our consideration

Sincerely,

Kâte M. Neiswender

co: Kri¡tin¿ Roodsa¡i, Plaoning Division (via cm¡il)

Exhibit 4- Response to Gomments Regarding the Negative Declaration forGonditional Use Permit ("CUP") Gase LUll-0030

Warped Paintball

Below are the Gounty's responses to the comments received during the initial 30 day

review for the Negative Declaration prepared for the proposed project.

B4

B3

B2

B1

A1

Comment noted. This comment does not address an environmental issue.Thus, no specific response is required.


The subject property is designated as Open Space (not Agriculture) in theCounty General Plan. The property is also not identified as Prime or ofStatewide lmportance on the lmport?rnt Farmland lnventory Map. Thqs;þq

Although the play areas will be located less than 300 feet from offsiteagricultural activities, a setback less than 300, feet can be found to be lessthat significant pursuant to the adopted County Initial Study AssessmentGuideli-nes (ISAG). The ISAG includes the folbwìng criteria foi the waiver ordeviation from the 300-foot setback standard: "lndividuals are notcontinuously present in the proposed structures or use areas." Theproposed project involves a non-continuous use that is limited to 116 daysper year. In addition, the project will be subject to a condition of approvalrequiring the all paintball related activities, facility employees and customersto be setback 50 feet from the pfoperty line. The same conditions willrequire that meshing be installed and maintained on the chain link fence atthe western property line and 12 foot high meshing be installed andmaintained around the designated parking area. The conditions wouldprevent paintballs from leaving the site during game play.

No specific comment on the adequacy of the analysis of noise or traffic inthe Negative Declaration is provided. Thus, no specific response isrequired. With regard to impacts on visual resources, such impacts areassessed based on the appearance of the facility from public viewingplaces. The proposed paintball play fields and parking area would belocated on a plateau elevated above Shekell Road. The facility would not bevisible from public viewing places along Grimes Canyon Road. Four of theproposed playfields (Playfield nos. I to 4) are located at the on a plateaüoverlooking Shekell Road and SR 118. However, this impactwould be lessthan significant, as the temporary structures that would be used in

conjunction wit the paintball facility would be less than eight feet in heightand painted dark or earth tone colors. The three proposed sea cargocontainers and parking areas would be visible from Shekell Road. Toensure that visual impacts are less than significant, the project will beconditioned to require that the sea cargo containers be painted a light tancolor so as to blend with the surrounding landscape. Thus, impacts onvisual resources would be less than significant.

Warped Paintball CUP Case No LU11-0030ND Response to Comments

Page 2 of 5

D3

D2

D1

c1B9

B8

87

B6

B5

No specific comment on the adequacy of the analysis of any section of theMitigated Negative Declaration is provided. Thus, no specific response isrequired.

The property in question is designated as Open Space (not Agriculture) inthe County General Plan. lt is also zoned as Open Space. The proposedpaintball facility is allowed in the Open Space zone with a Conditional UsePermit pursuant to the Non-Coastal Zoning Ordinance. Refer to responseB.4.


Comment noted. This comment does not address an environmental issueThus, no specific response is required.

Refer to response 82 above

Economic issues (such as property values) are not environmental issuesthat are add ressed by the California Environmental Quality Act (CEOA).

The commenter's disagreement with the lnitial Study conclusions is noted.The distribution and use of alcoholic beverages is not included in the projectdescription for the proposed facility. The applicant has not sought orobtained a liquor license. The recommended conditions of approval willpreclude the consumption of alcoholic beverages at this facility. Driving witha blood alcohol content above the legal limit is a crime that is addressed bylaw enforcement. Such activity is not an issue addressed in anenvironmental document. , Such issues would be considered by thedecision-makers in the evaluation of consistency with County General PlanPolicy and the ability to make the findings of compatibility required under theNon-Coastal Zoning Ordinance to grant the requested permit.

The projectiles utilized in the proposed facility are made of non-hazardoustoxic materials according to the attached Material Safety Data Sheet(MSDS) for "RPS Paintballb." The County Environmental Health Divisionhas also stated that paintballs are not regulated as a hazardous material.Furthermore, the project will be conditioned to prevent the release ofpaintballs onto offsite property. Thus, damage to fruit on offsite properties isnot anticipated.

The Permittee would be responsible for security of the site. lssues involvingcriminal behavior (e.9. fruit theft and vandalism) are law enforcement issuesthat are not addressed in an environmental document. Such issues wouldbe considered by the decision-makers in the evaluation of consistency withCounty General Plan Policy and the ability to make the findings ofcompatibility required under the Non-Coastal Zoning Ordinance to grant therequested permit.

proposed project would have no impact on designated agriculture land. Aspart of the project, some of the remnant concrete paving from the formerEgg City facility would be removed. This would improve the potential forfuture agricultural production on the site.


Page 3 of 5

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D5

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E4

E3

E2

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No specific comment on the adequacy of the analysis of any sect¡on of theMitigated Negative Declaration is provided. Thus, no specific response is

required.

No specific comment on the adequacy of the analysis of any section of theMitigated Negative Declaration is provided. Thus, no specific response isrequired

No specific comment on the adequacy of the analysis of any section of theMitigated Negative Declaration is provided. Thus, no specific response is

required.

No specific comment on the adequacy of the analysis of any section of theMitigated Negative Declaration is provided. Thus, no specific response is

required

Notification was mailed to the commenter and the public review periodextended to provide an opportunity for further comment.

The County Transportation Department reviewed the proposed project anddid not identify the need for road improvements to address safety tssues.

The property in question is designated as Open Space (not Agriculture) in

The subject property is designated as Open Space (not Agriculture) in theCounty General Plan. The property is also not identified as Prime or ofStatewide lmportance on the lmportant Farmland lnventory Map. Thus, theproposed project would have no impact on designated agriculture land. Aspart of the project, some of the remnant concrete paving from the formerEgg City facility would be removed. This would improve the potential forfuture aqricultural production on the site.

The property in question is designated as Open Space (not Agriculture) in

the County General Plan. lt is also.zoned as Open Space. The property isnot identified as Prime or of Statewide lmportance on the lmportantFarmland Inventory Map. Thus, the proposed project would have no impacton designated agriculture land. As part of the project, some of the remnantconcrete paving from the former Egg City facility would be removed. Thiswould improve the potential for future agricultural production on the site.Although the play areas will be located less than 300 feet from offsiteagricultural activities, a setback less than 300 feet can be found to be lessthat significant pursuant to the adopted County lnitial Study AssessmentGuidelines (ISAG). The ISAG includes the following criteria for the waiver ordeviation from the 300-foot setback standard; "lndividuals are notcontinuously present in the proposed structures or use areas." Theproposed project involves a non-continuous use that is limited to 1 16 daysper year.

The issue of project compatibility will be considered by the decision-makersin the evaluation of consistency with County General Plan Policy and theability to make the findings required under the Non-Coastal ZoningOrdinance to grant the requested permit

Warped Paintball CUP Case No LUl l-0030ND Response to Comments

Page 4 of 5

E7

E6

The Watershed Protection District reviewed the issue of potentialcontam¡nation from runoff from the paintball facility. Please refer to theMemorandum from Ewelina Mutkowska from the Watershed ProtectionDistrict, water and Environmental Resources Division, dated February 7,2012 for specific responses to this comment. The memorandum concludesthat since the topography of proposed paintball areas conducts drainage tothe interior of the site and the project includes conditions to protect drainagechannels within the site fro,m trash, paintball debris and excess paintballrunoff as required by Ordinance No. 4142, potential impacts related to runofffrom the proposed paintball use to water quality are less than significant.Since drainage from the site flows to an interior drainage channel and notonto adjacent agricultural lands, runoff from the project would have a lessthan significant impact on adjacent agricultural lands

Furthermore, substantial intpacts are not anticipated given the non-toxicnature of the material and the limited volume of paintball fluid involved.Assuming maximum operation of the facility, the volume of paintball fluidthat would be released is only 0.0317 Acre-feet per Year (AFY). over the116 operational days, the estimated volume of fluid would be 89 gallons perday. These figures are calculated as follows

116 Operational days250 participants per day500 paintballs/person0.68 inch = diameter of a paintballVolume of a Paintball:V=4/3(n)R3V=413(3.14X0.34 inch)3 = 0.i6455 cubic inchNumber of paintballs per vear:1 16 x 250 x 500 = 14,500,000Volume of oaintball fluid per year:14,500,000 x 0.16455 =2,385,975 cubic inches = 0.0317 AFY

Thê comment provided describes the content of paintballs but does notraise an issue with the adequacy of the MND. Thus, no response isrequired. ln any case, the päintball projectiles utilized in the proposed facilityare made of non-hazardous toxic materials according to the attachedMaterial safety Data sheet (MSDS) for "RFS Paintballs." The countyEnvironmental Health Division has also stated that paintballs are notregulated as a hazardous material.

the County General Plan. ll is also zoned as Open Space. The proposedpaintball facility is allowed in the Open Space zone with a Conditional UsePermit pursuant to the Non-Coastal Zoning Ordinance. Economic issues(such as property values) are not environmental issues that are addressedby the California Environmental Qual ity Act (CEOA).


Page 5 of 5

E10

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E8

The project will be conditioned to prevent the release of paintballs ontooffsite property. Thus, any effects on fruit will be avoided. ln any case, thepaintball are non-toxic.

The subject property is not designated as agricultural land and the proposedproject does not involve irrigated agriculture. Thus, the runoff control andreporting requirements are not applicable to the proposed project. Refer toresponse from Ewelina Mutkowska from the Watershed Protection District,Water and Environmental Resources Division, dated February 7, 2012regarding potential for impacts on water resources. This memorandumconcludes that due to the topography of the site noted in the response to E7(above), any runoff containing paintball debris or paint would drain to theinterior drainage channel, not to the surrounding agricultural field to thewest. Runoff containing non-stormwater is addressed through County'sStormwater Quality Management (Ordinance No. 4142), which prohibits thedischarge of non-stormwater into the storm drain system. Conditions Nos.37 through 39 would ensure paintballs are not deposited or washed into thedrainage channel, as required by. Ordinance No. 4142. As such, theproposed project would have a less than significant impact on runoff toadiacent aqricultural lands.

0.0317 AFY I 116 days = 0.000273259 AF/day 89 gallons/day

The 89 gallons per day of paintball fluid would be spread over an 18 acrearea. This would be a negligible volume of non-toxic fluid over such a largearea.

In addition, the total estimated volume of paintball fluid that would bedeposited on the site would be far less that the average annual rain that hashistorically fallen on the ground on the subject property. According toCounty rainfall records, the average annual precipitation in the project areaover a 62-year period is approximately 15 inches per year. Thus, an annualaverage of 22.5 AFY of water falls on the 18-acre paintball playfield area.This volume of water is 709 times (22.510.317 = 7Og) the total annualvolume of paintball fluid that would be released as part of the proposedproject. Given this dilution factor and the non-toxic nature of paintball fluid,impacts on water resources would be less than significant.

The Ventura County Air Pollution Control District reviewed the issueregarding demolition impacts and air quality. Please refer to thememorandum from Alicia Stratton from the Ventura County Air PollutioriControl District, dated February 7, 2012. The memorandum concludes thatdemolition impacts will be less than significant because the demolitionwould be a temporary activity, lasting three weeks, and conditioned tominimize dust impacts. lmpacts to plant life as a result of dust would also beless than significant with the inclusion of conditions of approval requiring theapÞl¡cant to follow APCD Rules and Regulations regarding construction,

Warped Paintball CUP Case No LUl l-0030ND Response to Comments

Page 6 of 5

822

E'21

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E19

E18817E16

E15814E13E12811

Refer to responses E1 through E21 above.

The County Transportation Department reviewed the proposed project anddid not identify the need for rpad improvements to address safety issues.

The Ventura County Fire Protection District reviewed the project and findsthat the project does not 'include significant structures that require fireprotection and that the operation of the facility does not involve a substantialrisk of fire. In addition, the Permittee will be required to clear all brush andvegetation within 100 feet of all proposed structures. The VCFPD hasdetermined that a water supply for fire suppression is not required

The County reviewed the noticing conducted for this project and found thatthree parties were mistakenly omitted from the notice list. New notices weremailed in accordanqe with applicable regulations and the comment periodon the ND was extended for 30 days.

The proposed parking lot will be paved with asphalt and constructed inaccordance with established stormwater (NPDES) standards. No substantialimpacts on water quality are'anticipated.

Refer to response E15 aboveRefer to response E15 above.

The Ventura County Air Pollution Control District reviewed the issue oftransportation of demolition.debris impacts. Please refer to the memo fromAlicia Stratton from the Ventura County Air Pollution Control District, datedFebruary 7,2012.

Refer to response E10 aþove.Refer to response E10 above.Refer to response E10 above.Refer to response E10 above.demolition, grading and project operation (Exhibit 5, Condition No. 52).

Issue Date: October 15,2007

MATERIAL SAFETY DATA SHEET

1. Product ldentification

Product Name: RPS Paintballs

Description: Soft gelatin capsules containing colored liquid

Manufacturer's Name: KEE Action Sportsll3gg 47th Street NorthClearwater, Florida 33762

Emergency Telephone Number: 1800-724-6822

2. Harzar dous Ingredients

Hazardous Components: None

Materials contained in this product are classified as non-hazardous according tothe def,rnitions set forth in 29 CFR 1910.1200

3. Physical Data

Appearance: Spherical solid capsule containing colored liquidOdor: CharacteristicVapor Pressure: LowVapor Density: Not DeterminedBoiling Point: Decomposes before boilingSolubility in Water: AppreciableSpecific Gravity of Liquid: l.I2 - l.l5 @25125" C

1

4. Fire and Explosion Hazards

Flash Point: > 232" C (450' F) PMCCAutoignition Temperaftre : Not DeterminedFlammability Limits: LEL: Not Determined

UEL: Not DeterminedExtinguishing Media: Dry chemical, foam, or CO2

Hazardous Combustion Products: Under fire conditions polymersdecompose. The smoke may contain polymer fragments of varyingcompositions in addition to unidentified toxic and/or irritatingcompounds. Hazardous combustion products may include and are notlimited to: carbon dioxide, carbon monoxide or nitrogen oxides.

Unusual Fire and Explosion Hazards: None known

5. Reactivity Hazards

Chemical Stability: StableIncompatibility: Avoid contact with strong acids and oxidizing materials.Hazardols decomposition products: May include and are not limited to:

aldehydes, ketones, organic acids, and polymer fragments.Hazardous polymerization: Will not occurProduct is stable r¡nder normal use and storage conditions.

6. Health Hazards

Eye: May cause slight transient (temporary) eye irritation. Corneal injury is

unlikely.Skin: Prolonged or repeated exposure not likely to cause significant skin

irritation. May cause more severe response if skin is abraded. Asingle prolonged exposure is not likely to result in material beingabsorbed through skin in harmful amounts. No allergic skin reactionsare known to have occurred.

Ingestion: Single dose oral toxicity is considered to be extremely low. NoHazards anticipated from swallowing small amounts incidental to normal

handling operations.Inhalation: Not hazardousCarcinogenity: NTP: no, IRAC: no, OSHA: noChronic Effects: None knownFirst Aid Procedures: Flush effected skin and eyes with plenty of water.

Seek medical attention in case of ingestion, do not induce vomiting.

2

7. Spill Procedures

Hez.errT R afinos' NFPAHealthFlammabilityReactivity

Protective equipment: Safety glasses

Spills: Solids and liquids may be swept or scooped up and placed in plastic ormetal containers for disposal. Dispose of materials according to applicablefederal, state and local regulations. Non-hazardous waste under RCRAregulations.

8. Handling and Special Precautions

Handling and storage: Product should be kept in original containers or othersuitable containers and protected from excessive exposure to air, heat, andlight.

9. Regulatory

SARA 313 Title III: Not regulatedTSCA: All ingredients are listed on the TSCA inventory.DOT: Not HazardousOSHA: Not HazardousWHMIS Classification (Canada): Not a "Controlled Product"

NOTICE: The information herein is presented in good faith and believed to beaccurate as of the effective date. However, no warranty, express or implied isgiven.

000

3

TO

Resource Management Agency

ENVIRONMENTAL HEALTH DIVISION

MEMORANDUM

DATE: February 1,2012

Kristina Roodsari

FROM: Melinda Talent

SUBJEGT: NEGATTVE DECLARATTON FOR LUrl-0030 (WARPED PAINTBALLPARK) - ENVTRONMENTAL HEALTH D¡V|SION RESPONSE TO THECOMMENT LETTER FROM KATE NEISWENDER DATED JANUARY 16,2012

The Environmental Health Division reviewed the subject letter and comments that thepaintballs are not regulated as a hazardous material or waste by this Division. Theproposed project does have hazardous materials from the compressed air containersand fuel. Proper handling, transport and disposal of these products will be considereda less than significant impact. ln regards to the demolition of the concrete and asphalt,the revised project description dated May 25,2011 and July 6, 2011 indicates that thematerials will be taken to a recycler for further processing. Compliance with the projectdescription and applicable solid waste regulations will result in no impacts to publichealth or solid waste facilities from the demolition of concrete and asphalt materials.

Please contact me at 8051654-2811 ¡f you have any questions

Ventura GountyWatershed Protection DistrictWater & Environmental Resources Division

MEMORANDUM

DATE: February7,2011

TO: Kristina Roodsari, RMA - Planning Division

FROM: Ewelina Mutkowska, Engineering Manager

SUBJECT: Response to January 16,2012 comment letter from K.M. Neiswender regarding LU1l-0030 - Hypericum Land Gompany, LLC.

The January 16, 2012 comment letter regarding the proposed Negative Declaration and CUP for theWarped Paintballapplication (LU 11-0030, Hypericum Land Company, LLC) contains two paragraphs(E7 and E8) regarding surface water quality, and the responses provided below are intended to addressthese comments.

Resoonse to Comment E7:As noted in the lnitial Study checklist (page 6 of 32), the Ventura County Stormwater QualityManagement Ordinance (Ordinance No. 4142) includes standard requirements prohibiting the depositionof any litter into any watercourse during ongoing operations of the proposed use. Consistent withOrdinance No. 4142, approval of the proposed project includes condition of approval WQ-2 (Site layoutfor Stormwater Protection) and WQ-3 (NPDES Stormwater Compliance).

ln general, the topography of the proposed paintball site slopes inwards to the interior of the site, wherethere is an existing drainage channel, not outwards toward the surrounding agricultural fields. Theexisting channel running through the site is the low point for drainage from the proposed paintball areas(with the interior drainage channel elevations ranging from 1081 feet to 1078 feet above mean sea level).The perimeter elevations of the proposed paintball areas range from 1 100 feet to 1091 feet above meansea level along the western boundary. The northern and eastern perimeter elevations of the proposedpaintball facility range from 1 105 feet to 1094 feet above mean sea level. There are no agricultural fieldssouth of the site. The southern boundary of the site is separated from Shekell Road and the drainageditch running through the site turns west and intercepts any drainage leaving the site towards the south,before it reaches Shekell Road. ln general, the proposed paintball playing fields slope inwards towardsthe drainage channels, not outwards to adjacent agricultural fields, as shown in the topography in the siteplan (dated 03117 1201 1).

Because the site includes a channel running through the central area between the playfields where thepaintball playfields drain towards, condition WQ-2 requires a revision to the proposed site plan to includephysical barriers to prevent airborne paintballs from entering the concrete channel adjacent to theplayfields. Condition WQ-3 requires a "Stormwater Runoff Protection Plan" to ensure that spentpaintballs, trash and sediment does not accumulate in the channel and so that trash and paintball debrisare not discharged from the site into downstream channels; drains or watercourses. This conditionrequires wash water, spent paintballs, trash and sediment are routinely prevented from entering thechannels, and cleaned up after each paintball event. Channel inspections to verify the effectiveness ofwatercourse protection measures are required prior to the rainy season and monthly during the wetseason to verify that the channel remains free of trash and debris that may be in the runoff from the site.

Response to Comments - LU 11-0030 Hypericum Land Company, LLCFebruary 3,2012Page2 of 2

Since the topography of proposed paintball areas conducts drainage to the interior of the site and theproject includes conditions to protect drainage channels within the site from trash, paintball debris andexcess paintball runoff as required by Ordinance No. 4142, potential impacts related to runoff from theproposed paintball use to water quality are less than significant. Since drainage from the site flows to aninterior drainage channel and not onto adjacent agricultural lands, runoff from the project would have aless than significant impact on adjacent agricultural lands.

Resoonse to Comment E8: The ConditionalWaiver Discharge Requirements for Discharges fromlrrigated Lands within the Los Angeles Region (Ag. Waiver) program was issued and is administered bythe Los Angeles RegionalWater Quality Control Board for irrigated agriculturaf lands. Only irrigatedagricultural lands are subject to the Ag. Waiver, and as the proposed paintball park project is notagricultural, it is therefore not subject to the Ag. Waiver. Due to the topography of the site noted in theresponse to E7 (above), any runoff containing paintball debris or paint would drain to the interiordrainage channel, not to the surrounding agricultural field to the west. The grade break on the westernboundary of the project site, with onsite drainage following the downward slope towards the drainagechannel within the interior of the site, would ensure that the project would have a less than significa¡timpact on runoff to or from the adjacent agricultural lands and compliance with the Ag. Waiver program.Runoff containing non-stormwater is addressed through County's Stormwater Quality Management(Ordinance No. 4142), which prohibits the discharge of non-stormwater into the storm drain system.Conditions WQ-2 and WQ-3 have been included to ensure paintballs are not deposited or washed intothe drainage channel, as required by Ordinance No. 4142. As such, the proposed project would have aless than significant impact on runoff to adjacent agricultural lands.

TO

VENTURA COUNTYAIR POLLUTION CONTROL DISTRICT

Memorandum

Kristina Roodsari, Planning DATE: February 6,2012

FROM: Alicia Stratton

SUBJECT: APCD Response to Comments from Law Office of K.M. Neiswender on LUl l-0030 (Forester Paintball/Airsoft)

Air Pollution Control District staff has reviewed the letter to Ventura County Planning DirectorKim Prillhart from K.M. Neiswender dated January 16,2012. Ms. Neiswender rqrresents

neighbors of the proposed paintball project who oppose the project. Our comments below

address the issues in the letter pertaining to air quality.

Dernolition Impacts. Direct and Indirect (Page 2 of Letter)

This comment references the project's Negative Declaration. The comment indicates that

nothing in the Negative Declaration addresses the air quality impacts of project dernolition

activities, offsite transportation of the concrete and asphalt, or long-term storage of the materials.

It further states that demolition impacts may be devastating to the surrounding agricultural

operations.

As stated in our April 13, 2011 mernorandum, the project will generate local air quality impacts.

However, we determined that impacts associated with demolition activities will not be significant

with respect to air quality because they would be temporary in nature lasting only three weeks,

and conditioned to minimize fugitive dust to the maximum extent feasible. V/e also noted that

local operational dust impacts could result from vehicles parking at the project site but that those

impacts would not be significant as well, as discussed below. Hence, both short-term and long-

, term local air quality impacts were evaluated and conditioned appropriately.

VCAPCD Condition No. I addresses applicable air pollution Rules and Regulations for allproject demolition/grading activities and future project parking areas, specifiqlly Rule 50

(Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). I have added this permit condition

in its entirety at the end of this memorandum for your reference. This permit condition requires

the applicant to abide by all VCAPCD regulations governing fugitive dust. Moreover, it further

constrains project dust by requiring the Permittee to submit an Air Emissions Minimization Plan

for Dust Control to be reviewed and approved by VCAPCD prior to project use inauguration.

Ms. Neiswender's letter alleges that, because construction impacts of the project will be

significant, the use of a Negative Declaration is improper. Additionally, the letter contends that

fugitive dust emissions from the site have the potential to cause "injury, detriment, nuisance, or

annoyance" and "have a natural tendency to cause injury or damage to business;" thus, the

construction impacts of the project must be considered significant, and enforceable measures

required. However, based on the project description, the demolition period for the project would

be only three weeks in duration, will be a one-time occurrence and conditioned, as discussed

elsewhere in this memo, to minimize fugitive dust to the maximum extent feasible.

Ms. Neiswender's letter also addresses sale and transport of the demolished concrete and asphalt

(Page 3). This discussion references post-demolition asphalt and concrete, which will be

temporarily stockpiled on a 3.5-acre portion of the 2}-acre site (based on allowable uses and

duration allowed by the Ventura County Non-Coastal ZoningOrdinance). Her letter states that

neighbors are concerned about potential impacts from dust and emissions on nearby public

roadways. However, such impacts will be alleviated because the demolished concrete material

will not be hauled on public roads, but will be transported to the adjacent mining facility (Grimes

Rock) by way of an existing private roadway connecting the two properties, and none of the haul

truck trips will occupy public roads. Hence, transportation of the materials will not generate

emissions on public roadways.

Another concern in the letter addresses yor¡ng plants and their susceptibility to the physical

effects of dust. The letter claims that a single dusting event could result in the loss of all plants

exposed. District staff cannot foresee the extent to which this damage may occrr to adjacent

plantings in the area. However, it is well established that dust adversely affects agricultural

crops. It is the goal with the Air Emissions Minimization Plan to prevent such damage, as

discussed. 'We have worked successfully in the past with the Ventura County AgriculturalCommissioner's Office to develop appropriate means of preventing damage to agricultural crops

adjacent to land uses that generate fugitive dust. To that end, we recoÍlmend the Permittee

contact the Ventura County Agricultural Commissioner, Mr. Henry Gonzales, to arange periodic

inspections by his staff to monitor the dernolition and transportation activities to ensure

compliance with project conditions with respect to dust generation.

Finally, the neighbors express concern about the surface composition of the project's parking

¿ueas. Based on our information, the parking lot would be paved with asphalt which generates

little dust and is often recommended as the most effective means to minimize dust generation

from parking areas. Moreover, site preparation and paving activities will be conditioned to

reduce potential fugitive dust, as are all similar projects in Ventura County.

Thank you for the opportunity to address these air quality issues. If you have any questions,

please call me at (805) 645-1426.

1.

In order to ensure that fugitive dust and particulate matter that may result from site preparation,

dernolition/construction activities, and events/activities on the site are minimized. The Permitteeshall comply with the provisions of applicable VCAPCD Rules and Regulations, which includebut are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). ThePermittee shall prepare and submit an Air Emissions Minimization Plan for Dust Control toAPCD. The Air Emissions Minimization Plan for Dust Control shall also be part of anyconstruction contract for the site grading.Requirement: The Permittee shall comply with the provisions of applicable VCAPCD Rulesand Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance),

and Rule 55 (Fugitive Dust).I)ocumentation: The Lead Agency shall ensure compliance with the following provisions:The area disturbed by clearing, grading, earth moving or excavation operations shall beminimized to prevent excessive amounts of dust;

1. Pre-grading/excavation activities shall include watering the area to be graded orexcavated before commencement of grading or excavation operations. Application ofwater (preferably reclaimed, if available) should penetrate sufficiently to minimizefugitive dust during grading activities;

2. All trucks shall cover their loads as required by California Vehicle Code $231 14;

3. Fugitive dust throughout the construction site shall be controlled by the use of a wateringtruck or equivalent means, generally at least three times a day (except during and

immediately after rainfall). Water shall be applied to all unpaved roads, unpaved parkingareas or staging areas, and active portions of the project site. Environmentally-safe dustcontrol agents may be used in lieu of watering;

4. Signs shall be posted onsite limiting traffic to 15 miles per hour or less;

5. All clearing, grading, earth moving, or excavation activities shall cease during periods ofhigh winds (i.e., greater than 15 miles per hour averaged over one hour.) During periods

of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacentproperties), all clearing, grading, earth moving, and excavation operations shall becurtailed to the degree necessary to prevent fugitive dust created by onsite activities and

operations from being a nuisance orhazard, either ofßite or onsite. The sitesuperintendent or supervisor shall use his/her discretion in determining when winds are

excessive. Based on their independent judgment and as part of their regular site

inspection responsibilities, APCD inspectors will require that the site superintendentand/or supervisor halt all such activities if they determine the fugitive dust is impactingadjacent properties;

6. Personnel involved in grading operations, including contractors and subcontractors,should be advised to wear respiratoryprotection in accordance with Califomia Divisionof Occupational Safety and Health regulations;

7. Signs displaying the APCD Complaint Line Telephone number for public complaints

shall be posted on the site: (805) 645-1400 during business hours and (805) 654-2797after hours; and,

8. Parking areas that have dirt parking surface should be covered with gravel to minimizefugitive dust.

Timing: The Permittee shall submit an Air Emissions Minimization Plan for Dust Control to bereviewed and approved by APCD. The Plan shall be approved prior to use inauguration for theproject.Reporting and Monitoring: The Lead Agency shall monitor all dust control measures duringsite preparation, demolition, and transport activities. (APCD-1)

2. Construction Eouipment Eneine TuninsPurpose: In order to ensure that ozone precursor emissions from gasoline-powered and diesel-powered mobile construction equipment are reduced to the amount feasible.Requirement: The Permittee shall comply with the provisions of applicable VCAPCD ROCand NOx Construction Mitigation Measures, which include but are not limited to, provisions ofSection 7.4.3.2 of the Ventura County Air Quality Assessment Guídelines.Documentation: The Lead Agency shall ensure compliance with these provisions.Timing: The Permittee shall comply with these requironents throughout the site preparationphase and operation of the project, if applicable.Reporting and Monitoring: The Lead Agency shall monitor equipment engine tuning measuresduring grading activities. (APCD 2)

3. APCD Rules and ReeulationsPurpose: To ensure that project operations are conducted in compliance with all applicableVCAPCD Rules and Regulations, in particular Rule 10, (Permits Required) certain types of newand modified equipment and operations may require APCD permits prior to installation.Requirement: The Permittee shall obtain an Authority to Construct prior to installation and a

Permit to Operate prior to operation, if needed for concrete and asphalt demolition. To helpprevent project delays, the Permittee or their representative shall contact the VCAPCDEngineering Division at the earliest practicable date to determine any air permit requirements.The VCAPCD Engineering Division can be contacted by telephone at (805) 645-1401 or byernail at [email protected]: An approved Authority to Construct and an approved Permit to Operate.Timing: The Permittee shall submit the appropriate applications and supporting documentationto APCD for review and approval prior to beginning construction or installation or prior tobeginning operation. The Permittee shall provide the Planning Division these APCD permits, orwritten confirmation from ACPD that the permits are not needed, prior to the issuance of a

Zoning Clearance for use inauguration and/or installation.Monitoring and Reporting: A copy of both the approved Authority to Construct and a Permitto Operate shall be maintained as part of the project file. Ongoing compliance with therequirements of the Permit to Operate shall be accomplished through field inspection by DistrictInspectors. (APCD-3)

Gonditions of Approval for Gonditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPtanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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EXH|B|T 5- CONDTTTONS OF APPROVAL FOR CONDTTTONAL USE PERMIT (CUP)cAsE NO. LUll-0030

RESOURCE MANAGEMENT AGENCY (RMA) CONDITIONS

¡. Planninq Division (PL) GonditionsÐRAFT

1. Proiect DescriptionThis CUP is based on and limited to compliance w¡th the project description found inthis condition below, all County land use hearing exhibits in support of the projectmarked Exhibits 2 through 6, dated February 2, 2012 and conditions of approval setforth below. Together, these documents describe the Project. Any deviations from theProject must first be reviewed and approved by the County in order to determine if theProject deviations conform to the original approval. Project deviations may requirePlanning Director approval for changes to the permit or further CEQA environmentalreview, or both. Any Project deviation that is implemented without requisite Countyreview and approval(s) constitutes a violation of the conditions of this permit.

The project description is as follows:

The applicant requests that a CUP be granted to authorize the operation andmaintenance of a paintball and airsoft sports facility. The proposed paintball andairsoft sporting facility would be located at 8643 Shekell Road in the Moorpark Area.OnsÍte development includes the:

. removal of 267,O73 sq. ft. (square feet) or 6.13 acres of existing concrete pavingin order to install dirt fields and parking;

o removal of 74,593 sq. ft. or 1.71 acres of existing asphalt in order to install dirtfields and parking; and,

o installation of 24,000 sq. ft. of un-engineered artificial turf in the play area.

The sporting events are proposed to occur on weekends and on occasional holidaysand weekdays for a maximum of 116 days a year. Weekend events would occur onall 104 weekend days per year. The remaining 12 operational days would occur onweekdays and holidays through reservation only. A maximum total of 250participants and up to 10 employees would be on site each business day. (On anY

operational day, the facility would close to further business when the 250'n customerof the day arrives at the facility regardless of the time of day.) The maximum hoursof operation would be from 9 am to 4 pm on Saturday and Sunday. The maximumhours of operation for weekday and holiday events would be through reservationonly between 9 am and 4 pm.

Planning Director Hearing

con¿itioÀâL Usä Permit No' LU11-0030Exhibit 5

Conditions for LU1 1-0030

Gonditions of Approval for Gonditional Use Permit No. LUll'0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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A minimum of two referees would be present to ensure safety during the games. lnaddition, all games would be supervised by a trained referee to ensure safety.Participants will be required to wear safety goggles and face masks. Each player willhave a paintball marker that fires a small biodegradable paintball propelled bycompressed air or COz. Twelve foot high meshing would be installed and maintainedaround the parking area. This meshing would protect employees and customersfrom paintball paintballs, as the parking area would be used as an orientation areaand safety checkpoint for customers.

The apþlicañt has proposed a 50 foot setback area from the western property line.All activities related to the paintball facility would be required to not occur within thesetback area. A mesh material will be installed along the existing 6 foot high chainlink fence that is located on the western property line. The mesh and chain link fencewould prevent paintballs from entering and impacting adjacent agricultural lands.

No noise amplification or air horns are proposed. A total of 130 parking spaceswould be provided for the participants. Three sea cargo containers would beinstalled on the site to store supplies. Public access to the site is provided by anexisting 2O-foot wide asphalt driveway connected to Shekell Road. Secondaryaccess for emergency purposes will be provided by a second driveway connected toShekell Road. No water service will be connected to the site. The operator will usea water truck for dust control. Bottled drinking water will be supplied by the operatorto the customers. Wastewater disposal will be accomplished through the use ofportable toilets. No native vegetation or specimen trees would be impacted by theproposed development. Trash dumpsters would be provided for trash collection.

Temporary structures will be placed in the designated playfield areas and consist of:air filled bunkers, hay bales, wooden spools, wooden walls, dirt mounds, sandbagwalls, building facades. These structures will each be less than eight feet in height.Air filled bunkers will be painted a dark blue & red. The other barriers and structureswill be all earth tone colors.

The project also includes a 3.50 acre temporary stockpile area north of playfieldNos. 1 and 2. This area will be used during construction to temporarily store theconcrete and asphalt that would be removed, and the artificial turf and dirt that wouldbe installed. According to the applicant, the concrete and asphalt would be stored onsite for approximately three weeks during the construction phase of the project(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 descriptionabove and all approved County land use hearing exhibits in support of the projectand conditions of approval below.

Gonditions of Approval for Gonditional Use Permit No. LU11-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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2. Davs and Hours of OoerationPurpose: In order to for the proposed use to be compat¡ble with the surroundingagr¡cultural operations and residential dwellings in the area of the project site, it isnecessary to limit the days and hours of operation of the approved use.

Requirement: The operation of the approved use shall be limited to:

Day

Reserved weekday and holiday eventsSaturdav & Sunday

9:00 am to 4:00 pm9:00 am to 4:00 pmHours

The Permittee shall post the hours of operation in an obvious location that can be seenby customers and the general public. The signage must be made of weatherproof andpermanent material, and comply with the Ventura County Non-Coastal ZoningOrdinance (Article 1 0).

Documentation: The Permittee shall provide the Planning Division with photographicdocumentation that the hours of operation have been posted as required pursuant tothis condition.

Timing: The Permittee shall post the hours of operation prior to the issuance of ZoningClearance for use inauguration and the Permittee shall maintain the posted hours ofoperation for the life of the permit

Monitoring and Reporting: The Planning Division has the authority to conduct periodicsite inspections to ensure ongoing compliance by the Permittee with this conditionconsistent with the requirements of S8114-3 of the Ventura County Non-Coastal ZoningOrdínance.

3. Site MaintenancePurpose: To ensure that the CUP area is maintained in a neat and orderly manner soas not to create any hazardous conditions or unsightly conditions which are visible fromoutside the CUP area, the Permittee shall maintain the site in compliance with the CUPconditions of approval.

Requirement: The Permittee shall maintain the project site in compliance with thedescribed uses outlined in Condition No. 1 (Permitted Land Uses). Only equipmentand/or materials which the Planning Director determines to substantially comply withCondition No. 1 (Permitted Land Uses), or which are authorized by any subsequentamendments to this CUP, shall be stored on the property during the life of this CUP.

Meshing and Chain Link Fence: The Permittee shall ensure that all paintballs remain onsite so that damage on offsite properties will not occur. This shall be accomplished bythe installation of mesh material along the 6 foot high chain link fence that is located onthe western property line. Twelve foot high meshing shall also be installed andmaintained around the parking area. The Permittee shall maintain the meshing aroundthe parking area and the mesh fencing on the chain link fence throughout the life of thepermit.


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Setback Area: A 50 foot setback area from the western properq/ line shall be maintainedthroughout the life of the permit. All activities related to the paintball facility shall notoccur within the setback area.

Graffiti: All structures, walls and fences open to public view shall remain free of anymarkings, drawings or signage that does not directly relate to the airsoft and paintballfacility, or any markings that do not provide pertinent information about the facility. ln theevent that any markings, drawings or signage occur onsite that does not directly relateto the facility, the Permittee shall remove or cover the markings, drawings or signagewithin 24 hours of such occurrence. Paint used to cover the markings shall be of a colorthat matches adjacent surfaces.

Documentation: The Permittee shall maintain the site pursuant to Condition No. 1

(Permitted Land Uses), the CUP and any amendments thereto.

Timing: The Permittee shall maintain the site for the effective term of the permit.

Monitoring and Reporting: The County Building Inspector, Public Works Gradinglnspector, Fire Marshall, and/or Planning Division staff has the authority to conductperiodic site inspections to ensure the Permittee's ongoing compliance with thiscondition consistent with the requirements of 58114-3 of the Ventura County Non-Coastal Zoning Ordinance.

4. CUP ModificationPrior to undertaking any operational or construction-related activity which is notexpressly described in these conditions or Project Description, the Permittee shall firstcontact the Planning Director to determine if the proposed activity requires amodification of this CUP. The Planning Director may, at the Planning Director's solediscretion, require the Permittee to file a written and/or rnapped description of theproposed activity in order to determine if a CUP modification is required. lf a CUPmodification is required, the modification shall be subject to:

i. The modification approval standards of the Ventura County OrdinanceCode in effect at the time the modification application is acted on by thePlanning Director; and,

ii. Environmental review, as required pursuant to the CaliforniaEnvironmental Quality Act (CEQA; California Public Resources Code,S21000-21178) and the State CEQA Guidelines (California Code ofRegulations, Title 14, Chapter 3, 515000-15387), as amended fromtime to time.

5. Acceptance of Conditions and Schedule of Enforcement ResponsesThe Permittee's acceptance of this CUP and/or commencement of construction and/oroperations under this CUP shall constitute the Permittee's formal agreement to complywith all conditions of this CUP. Failure to abide by and comply with any condition for thegranting of this CUP shall constitute grounds for enforcement action provided in the

Gonditions of Approval for Conditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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Ventura County Non-Coastal Zoning Ordinance (2011, Article 14), which shall include,but is not limited to, the following:

o Public reporting of violations to the Planning Commission and/or Boardof Supervisors;

o Suspension of the permitted land uses (Condition No. 1);o Modification of the CUP conditions listed herein;o Recordation of a "Notice of Noncompliance" on the deed to the subject

property;o The imposition of civil administrative penalties; and/oro Revocation of this CUP.

The Permittee is responsible for being aware of and complying with the CUP conditionsand all applicable federal, state and local laws and regulations.

6. Time Limitsa. Use inauguration:

(1) The approval decision for this CUP becomes effective upon theexpiration of the 10 day appeal period following the approval decision, orwhen any appeals of the decision are finally resolved. Once theapproval decision becomes effective, the Permittee must obtain aZoning Clearance for use inauguration in order to initiate the land usesprovided in Condition No. 1 (Project Description).

(2) This CUP shall expire and become null and void if the Permittee fails toobtain a Zoning Clearance for use inauguration within one year from thegranting or approval of this CUP, pursuant to the Ventura County Non-Coastal Zoning Ordinance (2011, S8f f 1-4.7). The Planning Directormay grant a one year extension of time to the Permittee in order toobtain the Zoning Clearance for use inauguration if the Permittee candemonstrate to the satisfaction of the Planning Director that thePermittee has made a diligent effort to inaugurate the permitted landuse, and the Permittee has requested the time extension in writing atleast 30 days prior to the one year expiration date.

(3) Prior to the issuance of the Zoning Clearance for use inauguration, allfees and charges billed to that date by any County agency, as well asany fines, penalties, and sureties, must be paid in full. After issuance ofthe Zoning Clearance for use inauguration, any final billed processingfees must be paid within 30 days of the billing date or the County mayrevoke this CUP.

b. Permit Life:(1)The use granted by this CUP will expire on [10 years, insert approval

datel.(2) The Permittee is primarily responsible for renewing the CUP or

extending the Permit Life or Operations Period associated with thesubject CUP. Failure of the County to provide notification to the

Gonditions of Approval for Gonditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page 6 of 33

Permittee of the expirat¡on date shall not const¡tute grounds forcontinuance of this CUP after the expiration date.

(3) The Planning Director may grant time extensions to this CUP, providedthat:

The Permittee files an application for a modification to this CUP that isdeemed complete prior to the expiration date. To that end, thePermittee is encouraged to submit the application to the PlanningDivision at least six months prior to the exp¡ration date to allow CountyPlanning staff time to evaluate and process the extension. lf thePermittee submits an application prior to the expiration date, this CUPwill continue in force until action is taken on the CUP modification andon any appeals.

The Permittee can demonstrate to the County that the Permittee hascontinuously complied with all conditions of this CUP since receiving it.

The Permittee can demonstrate to the County that the permitted landuses remain compatible with the land uses in the general area.

The Permittee can demonstrate to the County that the permitted landuses still comply with the CUP approval standards of the VenturaCounty Ordinance Code in effect at the time the modificationapplication is acted on by the Planning Director.

The Planning Director reviews the CUP modification application andprovides a written determination of the decision on the requested timeextension for this CUP.

7. Consolidation of All Approved Exhibits and PermitsPurpose: To ensure compliance with and notification of requirements of other federal,state or local government regulatory agencies, the Permittee shall providedocumentation demonstrating compliance with all applicable laws and regulations.

Requirement: The Permittee shall provide the Planning Division with documentation toverify that the Permittee has obtained or satisfied all applicable federal, state and localentitlements and conditions.

Documentation: The Permittee shall provide copies of correspondence from allpermitting agencies to the County Planning Division that demonstrates compliance withall applicable requirements.

Timing: The required documentation shall be submitted to the Planning Division prior tothe issuance of the Zoning Clearance for use inauguration or as dictated by therespective agency

Monitoring and Reporting: The Planning Division maintains the documentationprovided by the Permittee in the project file. ln the event that the permit is modified orchanges are made by any other respective agency, the Permittee shall submit anyrevised documentation within 30 days of the modification.

Conditions of Approval for Conditional Use Permit No. LUil-0030Pfanning Director Hearing Date: April 19,20'12 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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8. Notice of CUP Requirements and Retention of CUP Conditions On-SitePurpose: To ensure full and proper notice of permit requirements and conditionsaffecting the use of the subject property, the Permittee shall maintain a copy of the CUPConditions onsite and notify all affected parties of the CUP requirements.

Requirement: Unless otherwise required by the Planning Director, the Permittee shallnotify, in writing, the Property Owner(s) of record, contractors, and all other parties andvendors regularly dealing with the daily operation of the proposed activities, of thepertinent conditions of this CUP.

Documentation: The Permittee shall maintain a current set of CUP conditions andexhibits at the project site.

Timing: The Permittee shall post a copy of the conditions on the project site prior toissuance of a Zoning Clearance for use inauguration. A copy of the CUP conditionsshall remain posted and available on the site until expiration of the CUP.

Monitoring and Reporting: The Planning Division has the authority to conduct periodicsite inspections to ensure ongoing compliance with this condition consistent with therequirements of S81 1 4-3 of the Ventura Cou nty Non-Coastal Zoning Ordinance.

9. Recorded Notice of Land Use EntitlementPurpose: ln order to comply with $81 I 1-8.3 of the Ventura County Non-Coastal ZoningOrdinance, a not¡ce shall be recorded on the deed of the subject property that describesthe responsibilities of the Property Owner and Permittee for compliance with applicablepermit conditions and regulations.

Requirement: The Permittee and Property Owner of record shall sign, have notanzed,and record with the Office of the County Recorder, a Notice of Land Use Entitlementform furnished by the Planning Division, for tax assessor's parcel that is subject to thisCUP.

Documentation: The Permittee shall record the Notice of Land Use Entitlement withthe County Recorder's office.

Timing: The Permittee shall record the Notice prior to the issuance of a ZoningClearance for use inauguration.

Monitoring and Reporting: The Permittee shall return a copy of the recorded Noticeof Land Use Entitlement to the Planning Division for the project file.

10. Condition Comoliance. Enforcement. and Other Resoonsibilitiesa. Cost Responsibilities: The Permittee shall bear the full costs of all staff

time, material costs, or consultant costs associated with the approval ofstudies, generation of studies or reports, on-going permit compliance, andmonitoring programs as described below in Condition 10.b. Specifically, thePermittee shall bear the full costs of the following:

i. condition compliance costs which include, but are not limited to, stafftime, material costs, or consultant costs associated with the approval

Gonditions of Approval for Gonditional Use Permit No. LUll'0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page I of 33

of studies, generat¡on of studies or reports, ongoing permit conditioncompl¡ance rev¡ew, and CEQA Mitigation Monitoring/other monitoringprograms; and,

ii. monitoring and enforcement costs requ¡red by the Ventura CountyNon-Coastal Zoning Ordinance (2011, 58114-3). The Permittee, orthe Permittee's successors-in-interest, shall bear the full costsincurred by the County or its contractors for inspection andmonitoring, and for enforcement activities related to the resolution ofconfirmed violations. Enforcement activities shall be in response toconfirmed violations and may include such measures as inspections,public reports, penalty hearings, forfeiture of secur¡ties, andsuspension of this CUP. Costs will be billed at the contract rates ineffect at the time enforcement actions are required. The Permitteeshall be billed for said costs and penalties pursuant to the VenturaCounty Non-Coastal Zoning Ordinance (581 1 4-3.4).

b. Within 10 calendar daysof the effective date of the decision on this CUP, the Permittee, or thePermittee's successors-in-interest, shall submit the following deposit andreimbursement agreement to the Planning Director:i. a payment of $500.00 for deposit into a revolving condition compliance

and enforcement account to be used by the Planning Division to covercosts incurred for Condition Compliance review (Condition 10.a,above), monitoring and enforcement (Condition 10.c, below). The$500.00 deposit may be modified to a higher amount by mutualagreement between the Permittee and the Planning Director; and,

ii. a signed and fully executed County RMA reimbursement agreement,which is subject to the Permittee's right to challenge any chargesobligating the Permittee to pay all Condition Compliance review,monitoring, and enforcement costs.

c. Monitorinq and Enforcement Costs: The $500.00 deposit andreimbursement agreement (Condition 10.b, above) are required to ensurethat funds are available for legitimate and anticipated costs incurred forCondition Compliance. All permits issued by the Planning Division may bereviewed and the sites inspected no less than once every three years,unless the terms of the permit require more frequent inspections. Thesefunds shall cover costs for any regular compliance inspections or theresolution of confirmed violations of the conditions of this CUP and/or theVentura County Non-CoastalZoning Ordinance that may occur.

d. Billino Process: The Permittee shall pay any written invoices from thePlanning Division within 30 days of receipt of the request. Failure to pay theinvoice shall be grounds for suspension, modification, or revocation of thisCUP. The Permittee shall have the right to challenge any charge prior topayment.


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11. Defense and lndemnitvAs a condition of CUP issuance and use including adjustment, modification, or renewalthereof, the Permittee agrees to:

(1)Defend, at the Permittee's sole expense, any act¡on brought against theCounty by a third party challenging either the County's decision to issue thisCUP or the manner in which the County is interpreting or enforcing thecond¡t¡ons of this CUP; and,

(2) 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 Permittee shall reimbursethe County for any and all court costs and/or attorney's fees which theCounty may be required by a court to pay as a result of any such legalaction the Permittee defended or controlled the defense thereof pursuant to

. Section 12(a) above. The County may, at its sole discretion, participate inthe defense of any such legal action, but such participation shall not relievethe Permittee of the Permittee's obligations under this condition.

Neither the issuance of this CUP, nor compliance with the conditionsthereof, shall relieve the Permittee from any responsibility otherwiseimposed by law for damage to persons or property; nor shall the issuance ofthis CUP serve to impose any liability upon the County of Ventura, itsofficers, or employees for injury or damage to persons or property.

Except with respect to the County's sole negligence or intentionalmisconduct, the Permittee 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 construction, maintenance, or operationsdescribed in Condition No. 1 (Permitted Land Uses), as ¡t may besubsequently modified pursuant to the conditions of this CUP.

12. lnvalidation of Condition(s)lf any of the conditions or limitations of this CUP are held to be invalid, that holding shallnot invalidate any of the remaining CUP 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 Permittee in an action filed in a court of law, or threatenedto be filed therein, which action is brought in the time period provided for by the Code ofCivil Procedures (51094.6), or other applicable law, this CUP shall be allowed tocontinue in force until the expiration of the limitation period applicable to such action, oruntil final resolution of such action, provided the Permittee has, in the interim, fully

Conditions of Approval for Gonditional Use Permit No. LUll-0030P,lanning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page 10 of 33

complied w¡th the fee, exact¡on, 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 CUP, at thediscretion of the Planning Director, the Planning Director may review the project andimpose substitute feasible conditions/mitigation measures to adequately address thesubject matter of the invalidated condition. The Planning Director shall make thedetermination of adequacy. lf the Planning Director cannot identify substitute feasibleconditions/mitigation measures to replace the invalidated condition, and cannot identifyoverriding considerations for the significant impacts that are not mitigated to a level ofinsignificance as a result of the invalidation of the condition, then this CUP may berevoked.

13. 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 CUP, the County shall confer in writing with the Permitteeregarding 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 Permittee may hire private consultants to conduct work required by the County, butonly 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 Permittee or a contractor of the Permittee undertakes. lf theCounty hires a consultant to review any work undertaken by the Permittee, or hires aconsultant to review the work undertaken by a contractor of the Permittee, the hiring ofthe consultant will be at the Permittee's expense.

14. Relationship of CUP Conditions, Laws and Other PermitsThe Permittee shall design, maintain, and operate the CUP area and any facilitiesthereon in compliance with all applicable requirements and enactments of Federal,State, and County authorities. ln the event of conflict between various requirements,the more restrictive requirements shall apply. ln the event the Planning Directordetermines that any CUP condition contained herein is in conflict with any other CUPcondition contained herein, when principles of law do not provide to the contrary, theCUP condition most protective of public health and safety and environmental resourcesshall prevail to the extent feasible.

Gonditions of Approval for Gonditional Use Permit No. LUf l-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page 11 of33

No condition of this CUP for uses allowed by the Ventura County Ordinance Code shallbe interpreted as perm¡tt¡ng or requiring any violation of law, lavvful rules or regulatlons,or orders of an authorized governmental agency. Neither the issuance of this CUP, norcompliance with the conditions of this CUP, shall relieve the Permittee from anyrespons¡bility otherwise imposed by law for damage to persons or property.

A business tax certificate shall be obtained for operation of the paintball and airsoftoperation.

15. Contact PersonPurpose: To designate a person responsible for responding to complaints, thePermittee shall designate a contact person.

Requirement: The Permittee shall designate a contact person to respond to complaintsfrom citizens and the County which are related to the permitted uses of this CUP.

Documentation: The Permittee shall provide the Planning Director with the contactinformation (e.9., name and/or position title, address, business and cell phone numbers,and email addresses) of the Permittee's field agent who receives all orders, notices, andcommunications regarding matters of condition and code compliance at the CUP site.

Timing: Prior to the issuance of a Zoning Clearance for use inauguration, thePermittee shall provide the Planning Division the contact information of the Permittee'sfield agent(s) for the project file. lf the address or phone number of the Permittee's fieldagent(s) should change, or the responsibility is assigned to another person, thePermittee shall provide the Planning Division with the new information in writing withinthree calendar days of the change in the Permittee's field agent.

Monitoring and Reporting: The Planning Division maintains the contact informationprovided by the Permittee in the respective project file. The Planning Division has theauthority to periodically confirm the contact information consistent with the requirementsof $Sl 14-3 of the Ventura County Non-Coastal Zoning Ordinance.

16. Resolution of ComplaintsThe following process shall be used to resolve complaints related to the project:

i. The Permittee shall post the telephone number for the designatedContact Person as identified pursuant to Condition No. 16 in a visiblelocation on the site. The Contact Person shall be available viatelephone on a 24-hôur basis. Persons with concerns about an eventas it is occurring may directly contact the Contact Person;

¡¡. lf a written complaint about this CUP is received by the County,Planning staff will contact the Permittee's Contact Person or thePermittee to request information regarding the alleged violation; and,

¡¡¡. lf, following a complaint investigation by County staff, a violation ofVentura County Code or a condition of this permit is confirmed, Countyenforcement actions pursuant to $81 14-3 of the Non-Coastal ZoningOrdinance may be initiated.

Gonditions of Approval for Conditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLePlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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17. Reportinq of Major lncidentsPurpose: To ensure that the Planning Director is notified of major incidents within theCUP area, the Permittee shall inform the Planning Director of any major incident thatoccurs onsite.

Requirement: The Permittee shall immediately notify the Planning Director bytelephone, ema¡|, FAX, and/or voicemail of any incidents (e.9., fires, explosions, spills,landslides, or slope failures) that could pose a hazard to life or property inside or outsidethe CUP area.

Documentation: Upon request of any County agency, the Permittee shall provide awritten report of any incident that shall include, but is not limited to: a description of thefacts of the incident; the corrective measures used, if any; and, the steps taken toprevent a recurrence of the incident.

Timing: The Permittee shall provide the written report to the requesting County agencyand Planning Division within seven days of the request.

Monitoring and Reporting: The Planning Division maintains any documentationprovided by the Permittee related to major incidents in the CUP file.

18. Chanqe of Owner and/or PermitteePurpose: To ensure that the Planning Division is properly and promptly notified of anychange of ownership or change of Permittee affecting the CUP site, the Permittee shallnotify the Planning Director when a change in owner and/or Permittee occurs.

Requirement: The Permittee shall file, as an initial notice with the Planning Director,the new name(s), address(es), telephone/FAX number(s), and email addresses of thenew owner(s), lessee(s), operato(s) of the per:mitted uses, and the company officer(s).The Permittee shall provide the Planning Director with a final notice once the transfer ofownership and/or operational control has occurred.

Documentation: The initial notice must be submitted with the new Property Owner'sand/or Permittee's contact information. The final notice of transfer must include theeffective date and time of the transfer and a letter signed by the new Property Owner(s),lessee(s), and/or operator(s) of the permitted uses acknowledging and agreeing tocomply with all conditions of this CUP.

Timing: The Permittee shall provide written notice to the Planning Director 10 calendardays prior to the change of ownership or change of Permittee. The Permittee shallprovide the final notice to the Planning Director within 15 calendar days of the effectivedate of the transfer.

Monitoring and Reporting: The Planning Division maintains notices submitted by thePermittee in the project file and has the authority to periodically confirm the informationconsistent with the requirements of 58114-3 of the Ventura County'Non-Coastal ZoningOrdinance.

Gonditions of Approval for Gonditional Use Permit No. LUll-0030Pfanning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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19. Availability of Parkinq SpacesPurpose: To ensure compliance w¡th all applicable provisions in S8108-3 of theVentura County Non-Coastal Zoning Ordinance, the Permittee shall provide onsiteparking for the paintball and airsoft facility.

Requirement: The Permittee shall ensure that the required 130 motor vehicle parkingspaces (including accessible spaces), rema¡n continuously available for their intendedparking use and are not used for merchandise display, storage, vehicle repair, or anyother unauthorized use. The Permittee and Property Owner shall maintain the requiredparking area as illustrated on the approved site plan. This maintenance requirementincludes, but is not limited to; the number of parking spaces, curbs, directionalmarkings, accessible parking symbols, screening, sight distance, surfaces, signs,striping, lighting fixtures, landscaping, and trash and recyclables enclosures.

Documentation: The Permittee shall provide photo documentation of the condition ofthe parking area upon request of the Planning Director.

Timing: The Permittee shall provide the photo documentation upon request of thePlanning Director at any time during the effective term of this permit.

Monitoring and Reporting: The Planning Division maintains a stamped copy of theapproved site plan provided by the Permittee in the project file. The Building and Safetylnspector and Planning Division have the authority to inspect the site to ensurecompliance with the approved site plan prior to occupancy. The Planning Division hasthe authority to conduct periodic site inspections to ensure ongoing compliance with thiscondition consistent with the requirements of 58114-3 of the Ventura County Non-Coastal Zoning Ordinance.

20.Purpose: ln order to mitigate potential impacts to paleontological resources that maybe encountered during ground disturbance or construction activities.

Requirement: lf any paleontological remains are uncovered during ground disturbanceor construction activities, the Permittee shall:

i. Cease operations and assure the preservation of the area in which thediscovery was made;

¡¡. Notify the Planning Director in writing, within three days of thediscovery;

iii. Obtain the services of a paleontological consultant or professionalgeologist who shall assess the find and provide recommendations onthe proper disposition of the site;

iv. Obtain the Planning Director's written concurrence of the recommendeddisposition before resuming development; and,

v. lmplement the agreed upon recommendations.

Documentation: The Permittee shall submit the reports prepared by the paleontologist

or geologist, if paleontological remains are uncovered. Additional documentation may

Conditions of Approval for Conditional Use Permit No. LU11-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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be required to demonstrate that the Permittee has implemented any recommendationsmade by in the paleontological report.

Timing: Paleontological reports shall be provided to the Planning Division immediatelyupon completion.

Monitoring and Reporting: The Permittee shall provide any paleontological reportprepared for the project site to the Planning Division to be made part of the project file.The Permittee shall implement any recommendations made in the paleontological reportto the satisfaction of the Planning Director.

21.Purpose: ln order to mitigate potential impacts to archaeological resourcesinadvertently discovered during ground disturbance.

Requirement: The Permittee shall implement the following procedures:

a. lf any archaeological or historical artifacts are uncovered during grounddisturbance or construction activities, the Permittee shall:i. Cease operations and assure the preservation of the area in which the

discovery was made;ii. Notify the Planning Director in writing, within three days of the

discovery;iii. Obtain the services of a County-approved archaeologist who shall

assess the find and provide recommendations on the proper dispositionof the site in a written report format; and,

iv. Obtain the Planning Directo/s written concurrence of the recommendeddisposition before resuming development.

b. lf any human burial remains are encountered during ground disturbance orconstruction activities, the Permittee shall:i. Cease operations and assure the preservation of the area in which the

discovery was made;ii. lmmediately notify the County Coroner and the Planning Director;iii. Obtain the services of a County-approved archaeologist and, if

necessary, Native American Monitor(s), who shall assess the find andprovide recommendations on the proper disposition of the site in awritten report format; and,

iv. Obtain the Planning Director's written concurrence of the recommendeddisposition before resuming development on-site.

Documentation: lf archaeological remains are encountered, the Permittee shall submita report prepared by a County-approved archaeologist including recommendations forthe proper disposition of the site. Additional documentation may be required todemonstrate that the Permittee has implemented any recommendations made by thearchaeologists report.

Gonditions of Approval for Conditional Use Permit No. LUll-0030Planning Director Hearing Dato: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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Timing: Archaeologist reports shall be provided to the Planning Division immediatelyupon completion.

Monitoring and Reporting: The Permittee shall provide any archaeologist reportprepared for the project site to the Planning to be made a part of the project file. ThePermittee shall implement any recommendat¡ons made in the archaeologist's report tothe satisfaction of the Planning Director.

22. Construction NoisePurpose: f n order for this project to comply with the County of Ventura ConstructionNolse Threshold Criteria, the Permitee shall limit the hours of construction noise.

Requirement: The Permittee shall limit construction activity for site preparation to thehours between 7:00 a.m. and 7:00 p.m., Monday through Friday, and from 9:00 a.m. to7:00 p.m. Saturday, Sunday and State holidays. Construction equipment maintenanceshall be limited to the same hours. Non-noise generating construction activities such asinterior painting are not subject to these restrictions.

Documentation: The Permittee shall post a sign stating these restrictions in aconspicuous on-site location visible to the general public. The sign must provide atelephone number of the site foreman, or other responsibly person that controlsactivities on the jobsite, for use for complaints from the affected public.

Timing: The sign shall be installed prior to the issuance of a building permit andthroughout grading and construction activities. The Permittee shall maintain a"Complaint Log," noting date, time, complainant's name, nature of the complaint, andany corrective action taken.

Monitoring and Reporting: The Permittee shall provide photo documentation showingposting of the required signage to the Planning Division prior to the commencement ofgrading or construction activities.

23. Maximum Daily Customer Volume Monitorinq

Purpose: In order to ensure that the number of customers of the facility do not exceed250 people in any one day (consistent with Condition of Approval No. 1 (ProjectDescription), additional record keeping and compliance monitoring is required.

Requirement: The Permittee shall monitor and record the number of customers thatarrive at or use the facility. The Permittee shall also fund up to three (0 to 3) compliancemonitoring inspections per year. These inspections include the periodic inspectionmandated by the County Non-Coastal Zoning Ordinance. These monitoring inspectionsmay be unannounced, conducted by County staff or County-managed consultant, andshall assess compliance through an independent count of all customer arrivals anddepartures on the day of the inspection. Should a disagreement arise, the definition ofthe term "customer'' shall be determined by the Planning Director. The inspections shall.

Conditions of Approval for Gonditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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be funded by the Permittee through the deposit account established under Condition 11

(Condition Compliance, Enforcement, and Other Responsibilíties) of this CUP.

Documentation: The Permittee shall mainta¡n the record of customer counts as apublic document available for inspection or copying upon request. A complete copy ofthis record shall be provided annually to the County Planning Division for the first threeyears of facility operation. The results of the compliance monitoring inspections on shallbe maintained in the project file.

Timing: Prior to the Zoning Clearance for use inauguration, the Permittee shall submitthe compliance review deposit and reimbursement agreement to the Planning Division.

Monitoring and Reporting: County staff shall monitor compliance of this facility withthe conditions of approval through site inspections and in response to public complaints.County staff shall maintain a record of the monitoring inspections of the subject facilityin the project file.

24. Maximum Daily Customer Volume Notification:

Purpose: ln order to inform the public that the subject facility is limited to maximum of250 customers in any one day, the Permittee shall post this limitation on the project siteand on any advertising for the facility.

Requirement: The Permittee shall take the following actions to notify the public of the250 person limit on customers of this facility:

a. A sign shall be erected at the facility entrance that states: *This'facility islimited to a maximum of 250 customers in any one day. Regardless of úhetime of day or the number of people currently on the site, this facility shallclose to new customers once the 250th customer of the day has arrived.Advance reseruations are encouraged."

b. A notification similar to the sign required in "a" above, shall be affixed to the deskor kiosk or other station where money is collected from customers.

c. The facility website or any other advertising associated with the subject facilityshall prominently display the language specified for the sign in "a" above.

Documentation: The Permittee shall submit a proposed sign design (i.e. size, locationand graphics) to the Planning Director for review and approval. The Permittee shallprovide photographic documentation that demonstrates the approved sign has beeninstalled and that the other actions listed above have been taken.

Timing: The Permittee shall submit the photographic documentation to the PlanningDivision prior to the issuance of the Zoning Clearance for Use lnauguration. The aboverequirements shall remain in effect for the effective term of the Conditional Use Permit.

Monitoring and Reporting: County staff shall monitor compliance of this facility withthe conditions of approval through site inspections and in response to public complaints.County staff shall maintain a record of the submitted documentation in the project file.

Conditions of Approval for Conditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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25.Purpose: ln compliance w¡th S8111-2.8 and S8111-6.2 ol the Ventura County Non-Coastal Zoning Ordinance and ¡n order to ensure that the use of the subject propertyremains compat¡ble with existing and potential uses of other property within the generalarea, the paintball facility shall be removed if this CUP expires or if the facility isabandoned.

Requirement: Upon the expiration of this permit, or abandonment of the use1, thePermittee shall:

a. notify the County that the Permittee has discontinued the use of the facility;b. remove the facility and all appurtenant structures;c. restore the premises to the conditions existing prior to the issuance of the

permit, as nearly as practicable, as determined by the Planning Director;d. provide an estimate for the removal cost of the facility, prepared by a

licensed contractor; and,e. file a financial security in an amount equal to the removal of the facility with

the Resource Management Agency's Operations Division.

Documentation: The estimate for the removal cost of the facility and the financialsecurity to remove the facility.

Timing: Prior to the issuance of a Zoning Clearance for construction, the Permitteeshall post a financial security with the County in an amount commensurate with the costof facility removal. The financial security may be released by the County once the facilityis removed. The Permittee shall complete the notification, removal, and restorationactivities within 30 days of the expiration of this permit, or abandonment of the use,unless the Permittee requests, and the Planning Director grants (in writing), additionaltime to do so.

Monitoring and Reporting: Evidence of the payment of the financial security shall beprovided to the Planning Division for the project file. The Planning Division has theauthority to conduct periodic site inspections to ensure compliance with this conditionconsistent with the requirements of S8114-3 of the Ventura County Non-Coastal ZoningOrdinance. The Planning Division will release the financial security upon receipt ofevidence acceptable to the Planning Director that the facility has been removed.

26.Trash and Recvcling Storaqe AreaPurpose: In order to comply with $8106-8.7 and $8108-5.13 of the Ventura CountyN on -Coastal Zon i ng Ord i n a nce.

Requirement: The Permittee shall ensure that trash and waste diversion (e.9.,recyclables and yard waste) enclosures are constructed and maintained on the projectsite in accordance with the County of Ventura's adopted "Space Allocation for Recyclingand Refuse Collection Design Criteria and Specifications Guidelines."

1 The facility shall be considered to be abandoned if it has not been in use for l2 continuous months.


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Timing: Prior to the issuance of a Zoning Clearance for construction, the Permitteeshall illustrate the enclosures on all development plans for review and approval by thePlanning Division. The Permittee shall install the trash enclosures prior to occupancy.

Documentation: A copy of the approved site plan.

Monitoring and Reporting: The Planning Division maintains a copy of the approvedsite plan in the project file. The Planning Division has the authority to inspect the site toensure that the enclosures are constructed as illustrated on the approved plans prior tooccupancy. The Planning Division has the authority to periodically inspecting the site toensure that the trash enclosures are maintained consistent with the requirements ofS81 14-3 of the Ventura County Non-Coastal Zoning Ordinance.

il Environmental Health Division (EHD) Gonditions

27. Manaqement: The storage, handling, and disposal of any potentially hazardousmaterial must be in compliance with applicable state regulations.

lll. Public Works Aoencv Conditions

Engineering Services Division (ESD) Conditions

28. Gradinq Permit Purpose:

Purpose: ln order to ensure the Permittee performs all grading in compliance withAppendix J of the Ventura County Building Code, the Permittee shall submit plans inorder to determine if a Grading Permit is required.

Requirement: The Permittee shall submit a grading plan showing existing andproposed elevations to the Public Works Agency's Development and lnspectionServices Division for review and approval. lf a grading permit is determined necessary,a State licensed civil engineer must prepare and submit the grading plans toDevelopment and lnspection Services Division for review and approval. The Permitteemust post sufficient surety in order to ensure proper completion of the proposedgrading.

Documentation: lf a grading permit is required, all materials, as detailed on PublicWorks Agency Form DS-37 and/or DS-44, must be submitted to Development andInspection Services Division for review and approval.

Timing: All applicable documentation, 4s specified above, must be approved prior toissuance of a zoning clearance for use inauguration, or issuance of a Building Permit.

Monitoring and Reporting: Public Works Agency engineers will review grading plansand reports for compliance with Ventura County codes, ordinances and standards, aswell as state and federal laws. Public Works Agency inspectors will monitor the

Gonditions of Approval for Condltional Use Permit No. LUll'0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page 19 of 33

proposed grad¡ng to verify that the work is done in compliance w¡th the approved plans

and reports.

Transportation Department (TD) Gonditions

29.Traffic lmoact Mitioation Fee:

Purpose: To address the cumulative adverse impacts of traffic on the Regional Road

Network, Traffic lmpact Mitigation Fee Ordinance 4246 and County General Plan (GP)

4.2.2 require that the Transportation Department collect a Traffic lmpact Mitigation Fee(ïMF).

Description of Requirement: The Permittee shall deposit with the TransportationDepartment a TIMF. The trip generation rate and TIMF will be calculated based on theapplicant's information. The Permittee may choose to submit additional information orprovide a Traffic Study to supplement the information currently provided to establish thetrip generation rate. The TIMF may be adjusted for inflation at the time of deposit in

accordance with the latest version of the Engineering News Record Construction CostIndex. Based on the applicant's information:

A. The fee due to the County is $1.388.39.

81.67 ADT x $17.001 / ADT = $1.38S.39

81 .67 ADT = [135.5 Vehicles/Event x 2 TripsA/ehicle x 1 10 Events2/Year] / 3656Days/Year

135.5 Vehicl + 10 Emplovee Vehicles2 + 1 Service Truck3Event Event 2 Events

Assumptions/Notes:1. 2011 TIMF in Moorpark Traffic lmpact District #4.2. Per applicant, up to 250 guests per event, 10 employees per event, and 110 events per

year.3. Assume 1 delivery truck to service portable toilets for every two events.4. Assume 2 guests per vehicle.5. Each vehicle makes two trips, one going and one coming from project site'6. Trip generation is normalized over one year so total trips divided by 365 days.

B. ln accordance with the Reciprocal Traffic lmpact Mitigation Agreement betweenthe County and the City of Moorpark, the city reciprocal fee due to the city is$1.265.07.

81.67 ADT x $15.491 / ADT = $1.265.07

Assumptions/Notes:


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1. City Reciprocal TIMF in Moorpark Traffic lmpact District #4

Documentation: The Permittee shall complete the TIMF form and pay the TIMF feewith the Transportation Department. .

Timing: The TIMF shall be paid by the Permittee prior to the issuance of the ZoningClearance for use inauguration.

Monitoring and Reporting: The Transportation Department shall review and approvethe payment of the TIMF.

30. Soecial Events:

Purpose: In order to ensure public safety during the Special Events, the Permitteeshall comply with items "a" through "d" below and with the conditions of this permit. .

Requirement: The Special Events have the potential to temporarily cause a substantialincrease in the traffic on adjacent roads near the Special Event. The Permittee shallcomply with the following:

a. Per the application, the events shall occur on the weekends only except tor 12days that fall on a holiday or a weekday. The holiday and weekday events shallbe by reservation only.

b. Per the application, the hours of operation are 9 a.m. to 4 p.m

c. The Permittee shall provide adequate parking for all guests within the property.Guest parking shall not be allowed on Shekell Road.

d. Primary access to the special events shall be an existing driveway on a separateparcel southeast of the southeast corner of the project parcel.

Documentation: The Permittee shall provide a letter to the Transportation Departmentwhich documents the Permittee's agreement with the Conditions of Approval.

Timing: This condition shall be met prior to the issuance of the Zoning Clearance foruse inauguration.

Monitoring: The Transportation Department will verify that the provisions of thiscondition are satisfied.

31. Baseline for Trip Generation

Purpose: ln order to assess future changes in trip generation, the Permittee shallcompile information on actual traffic to the facility.

Requirement: The Permittee shall provide an annual log documenting the number oftrips including employee, customer, and truck deliveries generated by the proposed


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projecUdevelopment. The average daily traffic (ADT), AM/PM peak hour trips (PHT),and the number of customers/employees shall be documented.

Documentation: The Permittee shall submit the annual log to the Transportat¡onDepartment.

Timing: The log shall be submitted to the Transportation Department July 1st for 2years following approval of the subject CUP.

Monitoring: The Planning Division will review the annual log for conformance with theproject conditions.

lntegrated Waste Management Division (IWMD) Conditions

32.Waste Diversion & Recyclino Requirement:Purpose: To ensure compliance with Ordinance 4308, which requires the Permittee todivert recyclable materials (e.9., paper, cardboard, wood, metal, greenwaste, soil,concrete, plastic conta¡ners, beverage containers, tires, etc.) generated by their projectfrom local landfills through recycling, reuse, or salvage.

lnformation resources available at:

Space Allocation Guidelines

Soil, Wood and GreenwasteRecycle Locations

Commercial Haulers list

Ordinance 4308

www.wasteless.org/spaceallocationgu idel i nes

www.wasteless.org/greenwasterecycli ngfacil ities.

www.wasteless.org/construction &dem ol itionrecycl i ngresou rces

www.wasteless.org/com m ercial haulers.

www.wasteless.org/ord4308.

Requirement: The Permittee must work with a County-franchised solid waste hauler todetermine the level of service required to divert recyclables generated by their projectfrom local landfills.

Documentation: The Permittee 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 Permittee must provide the IWMD with a copy of a currentsolid waste billing statement to verify compliance with this condition.


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Monitoring & Report¡ng: Upon request, the Permittee shall allow IWMD staff toperform a free, on-site, waste audit to verify recyclable materials generated by theirbusiness are being diverted from the landfill.

33

Purpose: Ordinance 4421 requires the Permittee to divert recyclable construct¡on anddemolition (CAD) materials generated by their project (e.9., concrete, asphalt, wood,metal, greenwaste, soil, paper, cardboard, etc.) from local landfills through recycling;reuse, or salvage.

Requirement: The Form B - Recycling Plan must ensure a minimum of 60% of therecyclable C&D debris generated by the project will be diverted from the landfill byrecycling, reuse, or salvage.

Documentation:The Permittee must submit a comprehensive recycling plan (Form B -Recycling Plan) to the IWMD for any proposed construction and/or demolition projectsthat require a building permit.

Timing: Upon Building & Safety's issuance of a building permit for the project, thePermittee must submit a Form B - Recycling Plan to the IWMD for approval.

Monitoring & Reporting: The Permittee is required to keep a copy of their approvedForm B - Recycling Plan until the project's final zoning clearance is issued.

34. Construction & Demolition Debris Reportino Form (Form C):Purpose: Ordinance 4421 requires the Permittee to divert recyclable construction anddemolition (C&D) materials generated by their project (e.9., concrete, asphalt, wood,metal, greenwaste, soil, paper, cardboard, plastic containers, etc.) from local landfillsthrough recycling, reuse, or salvage.

Requirement: The Permittee must submit original recycling facility receipts and/ordocumentation of reuse with their Form C - Reporting Form to verify a minimum of 60%of the recyclable C&D debris generated by their project was diverted from the landfill.Documentation: The Permittee must submit a Form C - Reporting Form to the IWMDfor approval prior to Building & Safety's final permit approval.

Timing: A completed Form C - Reporting Form, with required recycling facility receiptsand/or documentation or reuse, must be submitted to the IWMD for approval at theconclusion of construction.

Monitoring & Reporting: The Permittee is required to keep a copy of their approvedForm C - Reporting Form until the project's final zoning clearance is issued.

35. Collection and Loadino Areas for Refuse and RecyclablesPurpose: Section 8106-8.7 of the County's Non-Coastal Zoning Ordinance, and PublicResources Code 42900-42901, require the Permittee to ensure adequate space isprovided on the premises for refuse bins, recycling bins, and loading areas.

Gonditions of Approval for Conditional Use Permit No. LUll-0030Pfanning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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Requirement: The Permittee must adhere to the County's Space Allocation Guidelineswhich include the minimum space requ¡red for refuse and recycling bins, and guidelinesfor aesthetic, gated trash enclosures if required.

Documentation: The Permittee's site plan must indicate the location of a trasharea/enclosure of adequate size to meet the needs of the project.

Timing: Prior to issuance of a Zoning Clearance for use inauguration, the Permitteemust submit a s¡te plan to the IWMD for review and approval.

Monitoring & Reporting: Upon request, the Permittee shall allow IWMD staff to verify atrash enclosure has been constructed.

35. Collection and Loadinq Areas for Refuse and Recyclables:Purpose: To ensure compliance with Section 8106-8.7 of the County's Non-CoastalZoning Ordinance, and Public Resources Code 42900-42901.

Requirement: The Permittee shall ensure adequate space is provided on the premisesfor refuse bins, recycling bins, and loading areas. Therefore, the Permittee must adhereto the County's Space Allocation Guidelines which include the minimum space requiredfor refuse and recycling bins, and guidelines for aesthetic, gated trash enclosures.

Documentation: The permittee's site plan must indicate the location of a trashenclosure of adequate size to meet the needs of the project.

Timing: Prior to issuance of Zoning Clearance for use inauguration, the Permittee mustsubmit a site plan to the IWMD for review and approval.

Monitoring & Reporting: Upon request, the Permittee shall allow IWMD staff to verify atrash enclosure has been constructed on the premises.

Vl. Watershed Protection District Gonditions

Water Quality Section WA) Gonditions

36. Compliance With NPDES Development Construction Proqram

Purpose: ln order to ensure construction activities do not impact surface waterresources, the project shall maintain compliance with all water quality provisions in theVentura Countywide Municipal Stormwater National Pollutant Discharge EliminationSystem (NPDES) Permit CAS004002, "Development Construction Program" Subpart4.F and NPDES General Construction Stormwater Permit (No. CAS000002).

Requirement: The Permittee shall properly file of all compliance documents requiredunder the NPDES General Construction Stormwater Permit (No. C4S000002) andVentura Countywide NPDES Permit (No. CAS004002) for ground disturbing activitiesover one acre.

Gonditions of Approval for Conditional Use Permit No. LU11-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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Documentation: For the construct¡on activities and removal of the asphalt and concretepads, the Permittee shall ensure compliance and implementation of an effectivecombination of erosion and sediment control Best Management Practices (BMPs) inaccordance with Subpart 4.F "Development Construction Program" of the MunicipalStormwater NPDEs Permit C4S004002. The Permittee shall prepare and submit thefollowing items to the Watershed Protection District for review:

a. A complete and signed worksheet SW-2 for "Best Management Practicesfor Construction Activities 1 Acre or Greate/', available athttp ://onestoppermit.ventura.oro/.

b. Current Notice of lntent (NOl) and Waste Discharger ldentification number(WDID#) in accordance with the State Water Resources Control Boardrequirements under the NPDES General Construction Stormwater Permit(No. C4S000002); and

c. Current Stormwater Pollution Prevention Plan (SWPPP) in accordance withthe State Water Resources Control Board requirements under the NPDESGeneral Construction Stormwater Permit (No. CAS000002).

Timing: Prior to the issuance of Zoning Clearance for use inauguration, the Permitteeshall submit the items listed above to the Watershed Protection District - Water andEnvironmental Resources Division (WPD-W&ERD) for review and approval.

Monitoring and Reporting: Watershed Protection District staff will review thesubmitted materials for consistency with the NPDES Permit. lmplementation of BMPswill be verified during site inspections and the up-to-date and site-specific SWPPP shallbe kept on-site for periodic review by WPD-W&ERD inspectors.

37. Sitè Lavout For Stormwater Protection

Purpose: The Permittee shall submit a site plan noting where trash bins and portablerestrooms will be located, in order to ensure that Periodic Sporting Events do not pose arisk to surface water quality through the accidental release of trash or untreated sewageinto adjacent watercourses (the concrete drainage channel running through the site), orthe deposition of paintballs in the drainage channel, as required by the CountyStormwater Quality Management Ordinance (Ordinance No. 4142) and the VenturaCounty Storm Water Quality Urban lmpact Mitigation Plan (SQUIMP).

Requirement: The Permittee shall revise the site plan to re-locate the portablerestrooms and trash bins away from the drainage channel. The revised Site Plan shallindicate that the portable restrooms and trash bins are moved to a more suitablelocation near the picnic tables, registration area, or other gathering location where waterbottles and other trash would be readily disposed of. The Site Plan shall also berevised to include physical barriers to prevent airborne paintballs from entering theconcrete drainage channel from adjacent playfields.

Documentation: The revised site plan shall indicate the new locations of the portablerestrooms and trash bins away from the drainage channel. The revised Site Plans shall

Conditions of Approval for Conditional Use Permit No. LUll-0030Ptanning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

Page 25 of 33

also include for the provision of a phys¡cal barrier (including details of the location andtype of barrier) along the concrete drainage channel to prevent paintballs from enteringthe channel in areas where play fields are adjacent to the channel.

Timing: Prior to the issuance of a Zoning Clearance, the Permittee shall submit therevised site plans shall be submitted for review and approval by the WPD-W&ERD.

Monitoring and Reporting Program: The final Site Plan shall indicate the newlocations of the portable restrooms and trash bins, and include details on the physical

barriers to prevent paintballs from entering the drainage channel running through thesite. Review and approval of the revised Site Plan and ongoing compliance verificationshall be conducted to verify compliance.

li-tentialstormwaterrunoffandsurfacewaterqualityimpairments from trash and sediment are eliminated in accordance with therequirements of the County Stormwater Quality Management Ordinance (Ordinance No.

4142), the Permittee shall submit for review and approval and maintain a "StormwaterRunoff Protection Plan".

Requirement: The "stormwater Runoff Protection Plan" detailing housekeepingmeasures to ensure that the drainage channel remains free of trash, paintball markersand excessive accumulation of sediment. This plan shall include a schedule forsweeping or raking of any trash or debris within the channel or adjacent areas aftereach event or when any trash or sediment accumulates in the channel. The plan shallinclude scheduled channel inspections to ensure the length of channel is free of trashand sediment prior to the rainy season (i.e. October I't) and monthly during the wetseason (between October Itt and April 30th). The plan shall also ensure that anywashing of play areas shall be conducted in a manner ensuring that wash water orspent paint markers are not flushed into the drainage channel and that trash bin arekept covered.

Documentation: The applicant shall provide a "Stormwater Runoff Protection Plan" forreview and approval by the WPD-W&ERD. The plan shall include inspection sheets todocument the regular inspections of the channel prior to the rainy season and monthlybetween October I't and April 30th by the operator and shall be retained onsite forreview by County inspectors upon request. The plan shall include documentation of theoperator's acknowledgment of the requirements to prevent the accumulation of spentpaintball markers, trash or sediment within the drainage channel running through thesite.

Timing: Prior to the issuance of Zoning Clearance for use inauguration, the Permitteeshall provide a "stormwater Runoff Protection Plan" for review and approval by theWPD-W&ERD.

Monitoring and Reporting Program: The Permittee shall retain a copy of the"stormwater Runoff Protection Plan" onsite and all required pre-rainy and wet season


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channel inspection documentation for compliance verification by County inspection staffupon request.

Encroachment and Watercourse Permits Section (EWP) Conditions

39. Floodplain Clearance

Purpose: To comply with the Ventura County Flood Damage Mitigation Ordinance andVentura County General Plan policy 2.10.2 to technically verify that impacts to theproposed development are less than significant from flooding conditions during the 1%annual chance storm event, the Permittee shall obtain a Floodplain Clearance.

Requirement: The Permittee shall obtain a Floodplain Clearance from the CountyPublic Works Agency Floodplain Manager. The Clearance will be verified by the CountyPublic Works Agency Floodplain Manager that the proposed development is locatedoutside the mapped boundaries of the 1% annual chance floodplain as determined fromthe latest available Digital Flood lnsurance Rate Map (DFIRM) provided by the FederalEmergency Management Agency (FEMA).

Documentation: The Permittee shall obtain a Floodplain Clearance issued by theCounty Public Works Agency Floodplain Manager.

Timing: The Floodplain Clearance shall be obtained prior to tlte approval of a buildingpermit, a grading permit, or an underground storage tank and septic tank permit.

Monitoring and Reporting: A copy of the approved Floodplain Clearance shall beprovided to the Building and Safety Department as well as maintained in the case file bythe Public Works Agency.

V. Ventura Gountv Fire Protection District (VGFPD) Conditions

40. Access Road Widths. Multi-Familv. Commercial or IndustrialPurpose: To ensure that adequate fire department access is provided in conformancewith current California State Law and Ventura County Fire Protection District Ordinance,the Permittee shall provide access to the site.

Requirement: The Permittee shall provide a minimum paved width of 25 feet for all on-site driveways. Parking is prohibited on the required width of any driveway less than 36feet in width.

Documentation: The Permittee shall submit an access plan to the VCFPD for reviewand approval prior to the issuance of building permits for the sea cargo containers.

Timing: All required access shall be installed before the start of combustibleconstruction.

Monitoring and Reporting: A copy of the approved access plan shall be kept on filewith the VCFPD. The VCFPD shall conduct a final inspection to ensure that the accessis installed according to the approved plans. Unless a modification is approved by the


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VCFPD, the Permittee, and his successors in interest, shall maintain the access for thelife of the development.

41. Access Road GatesPurpose: To ensure that adequate fire department access is provided in conformancewith current California State Law and Ventura County Fire Protection District Standards,the Permittee shall install access road gates.

Requirement: The Permittee shall design and install all gates along required fireaccess roads / driveways consistent with Fire Protection District Standards,

Documentation: The Permittee shall submit gate plans to the VCFPD for approvalbefore the installation of any access gates. The submittal shall include a copy of zoningclearance issued by the Planning Division.

Timing: The access road gates shall be installed prior to the issuance of the finalbuilding permit.

Monitoring and Reporting: A copy of the approved gate plan shall be kept on file withthe VCFPD. The VCFPD shall conduct a final inspection to ensure that access gatesare installed according to the approved plans. Unless a modification is approved by theVCFPD, the Permittee, and his successors in interest, shall maintain the gates for thelife of the development.

42. Hazardous Fire AreaPurpose: To advise the applicant that the project is located within a Hazardous FireArea and ensure compliance with California Building and Fire Codes.

Requirement: The Permittee shall construct all structures to meet hazardous fire areabuild ing code requirements.

Documentation: The Permittee shall submit a stamped copy of the approved buildingplans to the Building Department.

Timing: The Permittee shall submit building plans to the Building Department forapproval prior to the issuance of building permits.

Monitoring and Reporting: The VCFPD shall conduct a final inspection to ensure thatthe structure is constructed according to the approved hazardous fire area building coderequirements. Unless a modification is approved by the VCFPD, the Permittee, and hissuccessors in interest, shall maintain the approved construction for the life of thestructure.

Notice: For purposes of these conditions and application of Building and Fire Codes, theterm "Hazardous Fire Area" includes the following as referenced in the CBC andVCFPD Ordinance: State SRA - Fire Hazard Severity Zone, Local Agency - Very-HighFire Hazard Severity Zone, Local Agency - Wildland-Urban Interface Fire Area (WUlArea), Local Agency - Hazardous Fire Area.

Conditions of Approval for Conditional Use Permit No. LUll-0030Planning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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43. Hazard AbatementPurpose: To ensure compliance with Ventura County Fire Protection District Ordinanceregard i ng haza¡d abatement.

Requirement: The Permittee shall have all grass or brush adjacent to structure's s¡tefootprint cleared for a distance of 100 feet orto the property line if less than 100 feet.All grass and brush shall be removed a distance of 10 feet on each side of all accessroad(s)/driveway(s) within the project. The Fire District may require the entire parcel tobe cleared. Note: A Notice to Abate Fire Hazard may be recorded against the parcel.

Documentation: A signed copy of the Ventura County Fire Protection District's Form#126 "Requirement for Construction" or the "Notice to Abate" issued under the FireDistrict's Fire Hazard Reduction Program.

Timing: The Permittee shall remove all grass and brush as outlined by the VenturaCounty Fire Protection District's Fire Hazard Reduction Program guidelines before thestart of construction on any structure.

Monitoring and Reporting: The VCFPD shall conduct on-site inspections to ensurecompliance with this condition.

44. Fire Department ClearancePurpose: To inform the Permittee of all VCFPD requirements applicable to theproposed project.

Requirement: The Permittee shall complete a VCFPD Form #126 "Requirements forConstruction." for any new structures or additions to existing structures before issuanceof building permits.

Documentation: The Permittee shall submit to the VCFPD a signed copy of theVentura County Fire Protection District's Form #126 "Requirements for Construction."

Timing: Prior to the issuance of building permits, the submitted VCFPD Form #126Application must be approved by the Fire Prevention Bureau.

Monitoring and Reporting: A copy of the completed VCFPD Form #126 shall be kepton file with the Fire Prevention Bureau. The Fire Prevention Bureau will conduct a finalon-site inspection of the project to ensure compliance with all conditions and applicablecodes / ordinances.

45. Prefabricated Sea Caroo / Metal Storaqe ContainersPurpose: The Permittee shall obtain the required permits for the sea cargo containers.

Requirement: The Permittee shall comply with Ventura County Building Departmentand Ventura County Fire Protection District Standards or shall meet requirements as anew building under the Building and Fire Codes.

Documentation: The Permittee shall submit a signed copy of the VCFPD's approvedproject plans with VCFPD.

Gonditions of Approval for Conditional Use Permit No. LUll-0030Ptanning Director Hearing Date: April 19,2012 Permittee: Warped Paintball, LLCPlanning Director Approval Date: Location: 8463 Shekell Road, Moorpark

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Timing: The Permittee shall submit documentat¡on indicating that the proposedconta¡ners met the requ¡rements of Ventura County Fire Protection District standards tothe VCFPD for approval before use of any container.

Monitoring and Reporting: A copy of the approval shall be kept on file with theVCFPD. The VCFPD shall conduct a final inspection to ensure that the prefabricatedsea cargo/metal storage containers are installed according to the approval. Unless a

modification is approved by the VCFPD, the Permittee, and his successors in interest,shall maintain the approved use and installation of the prefabricated sea cargo/metalstorage containers for the life of the project.

46. lnspection AuthoritvThe Permittee, by accepting these project conditions of approval, shall acknowledgethat the fire code official (Fire District) is authorized to enter at all reasonable times andexamine any building, structure or premises subject to this project approval for thepurpose of enforcing the Fire Code and these conditions of approval.

Vl. Aqricultural Gommissioner's Office (AGO) Gonditions

47. Notification and Response

Purpose: ln order to minimize potential conflicts between a non-agricultural event useand adjacent agricultural operations, the Permittee shall provide notification of alltemporary events.

Requirement: The Permittee shall notify the owne(s) of each agriculturally-zonedproperty located within 300 feet of the project parcel of all temporary events to be heldat the proposed facility.

Documentation: The Permittee shall provide a written schedule of planned temporaryevents to the owners of all adjacent agriculturally-zoned land. This schedule shallspecify the date, time, type and attendance of each event. The Permittee shall maintaina record of all events held at the facility to be made available to the County PlanningDivision upon request.

Timing: The required schedule shall be regularly updated such that notice is provided aminimum of 30 days prior to each event.

Monitoring: ln accordance with the Non-Coastal Zoning Ordinance, the PlanningDivision will periodically review the operation of the permitted facility for compliance withthe terms and conditions of the conditional use permit. The Planning Division has theauthority to initiate enforcement actions if a lack of compliance is identified throughpublic complaints or discovered during required periodic review.


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48. Schedulinq of Pesticide Applications

The Permittee shall establish regular communication and a schedule withneighboring/adjacent growers that will allow for the scheduling of pesticide applicationsand of paintball facility operations. For commun¡cation to occur, the Permittee mustprovide the following contact information to adjacent growers.

o Home phone, business phone, office phone, cellular phones, e-mailaddresses, and any other form of contact information that will allow forimmed iate communication.

49. Pesticide Application and Paintball Operation

When the Permittee is notified of a scheduled pesticide applicat¡on, the Permittee shallnotify the Agricultural Commissioner's Office of the scheduled application and of itscompletion. The Permittee must then arrange that all paintball facilities activities eitherdo not occur during that time or occur in playing fields farthest from the property lineseparating the adjacent growers and the paintballfacility.

50. Riqht to Farm Ordinance Acknowledqement

The Permittee shall have all paintball employees and all visitors/customers sign aacknowledging the Right to Farm Ordinance.

51 . Screeninq of facility from Adiacent Growers

The Permittee shall install and maintain a black mesh screening, accepted by theAgricultural Commissioner and Planning Division, onto the chain link fence separatingthe proposed paintball facility and adjacent growers. The mesh screening shall coverthe length and height of the fence line which separates the properties. The intent of themesh screening is to prevent any paintball materials from crossing over into theadjacent orchard s/properties.

52. Conduct

The Permittee shall, prior to and during any paintball facility activity, advise hiscustomers of the importance of preventing the throwing or shooting of paintballsover/through the fence into the adjacent orchards. lf such activity were to occur, thepaintball facility reserves the right to take whatever action necessary to prevent suchactivity from occurring up to and including expulsion from the paintball facility grounds.

53. Ecoli Testinq of Water Truck Water

Purpose: To ensure that water used in connection with dust suppression is notcontaminated with ecoli, in accordance with the U.S. Food and Drug Administration'sFood Safety Modernization Act (FSMA) objective to prevent contamination of the U.S.food supply.


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Requirement: Fugitive dust during concrete and asphalt removal and to control dust onany lose dirt areas, a watering truck or equivalent means, will be uses as needed. Priorto application of water for dust suppress¡on, the water used for dust suppress¡on shallbe tested for ecoli.

Documentation: The Permittee shall provide to Ventura County ResourceManagement Agency Planning and the Agricultural commissioner's Office, water qualitytests prepared by a qualified lab indicating the absence or presence of ecoli, ThePermittee shall keep the water quality tests onsite.

Timing: The Permittee shall provide the final water quality tests to Ventura CountyResource Management Planning and Agricultural Commissioner's Office prior to ZoningClearance for use inauguration.

Monitoring and Reporting: The County Building lnspector, Public Works Gradinglnspector, Fire Marshall, and/or Planning Division staff has the authority to conductperiodic site inspections to ensure the Permittee's ongoing compliance with thiscondition.

Parkino Areas

Purpose: ln order to ensure that fugitive dust and particulate matter that may resultfrom site preparation, demolition/construction activities, and events/activities on the siteare minimized. The Permittee 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 Permittee shall prepare and submit an AirEmissions Minimization Plan for Dust Controlto APCD. The Air Emissions MinimizationPlan for Dust Control shall also be part of any construction contract for the site grading.

Requirement: The Permittee 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),

Documentation: The Lead Agency shall ensure compliance with the followingprovisions:

a. The area disturbed by clearing, grading, 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. All trucks shall cover their loads as required by California Vehicle Code

s231 14;

Air Pollution Control District (VGAPCD) Gonditionsvil

54


Page 32 of 33

d. Fugitive dust throughout the construct¡on site shall be controlled by the useof a watering truck or equivalent means, generally at least three times a day(except during and immediately after rainfall). Water shall be applied to allunpaved roads, unpaved parking areas or staging areas, and active portionsof the project site. Environmentally-safe dust control agents may be used ¡nlieu of watering;

e. Signs shall be posted ons¡te limiting traffic to 15 miles per hour or less;f. All clearing, grading, earth moving, or excavation activities shall cease

during periods of high winds (i.e., greater than 15 miles per hour averagedover one hour.) During periods of high winds (i.e., wind speed sufficient tocause fugitive dust to impact adjacent properties), all clearing, grading,earth moving, and excavation operations shall be curtailed to the degreenecessary to prevent fugitive dust created by onsite activities andoperations from being a nuisance or hazard, either offsite or onsite. Thesite superintendent or supervisor shall use his/her discretion in determiningwhen winds are excessive. Based on their independent judgment and aspart of their regular site inspection responsibilities, APCD inspectors willrequire that the site superintendent and/or supervisor halt all such activitiesif they determine the fugitive dust is impacting adjacent properties;

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

h. 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; and,

i. Parking areas that have dirt parking surface should be covered with gravelto minimize fugitive dust.

Timing: The Permittee shall submit an Air Emissions Minimization Plan for DustControl as part of and on the grading plans to be reviewed and approved by APCD.The Plan shall be approved prior to the issuance of grading permits.

55. Construction EquipmentPurpose: ln order to ensure that ozone precursor emissions from gasoline-poweredand diesel-powered mobile construction equipment are reduced to the amount feasible.

Requirement: The Permittee shall comply with the provisions of applicable VCAPCDROC and NOx Construction Mitigation Measures, which include but are not limited to,provisions of Section 7.4.3.2 of the Ventura County Air Quality Assessme nt Guidelines.

Documentation: The Lead Agency shall ensure compliance with these provisions.

Timing: The Permittee shall comply with these requirements throughout the sitepreparation phase and operation of the project, if applicable.


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Reporting and Monitoring: The Lead Agency shall monitor equipment engine tuningmeasures during grad¡ng activities.

56.APCD Rules and ReoulationsPurpose: To ensure that project operations are conducted in compliance w¡th allapplicable VCAPCD Rules and Regulations, in particular Rule 10, (Permits Required)certain types of new and modified equipment and operations may require APCD permitsprior to installation.

Requirement: The Permittee shall obtain an Authority to Construct prior to installationand a Permit to Operate prior to operation, if needed for concrete and asphaltdemolition. To help prevent project delays, the Permittee or their representative shallcontact the VCAPCD Engineering Division at the earliest practicable date to determineany air permit requirements. The VCAPCD Engineering Division can be contacted bytelephone at (805) 645-1401 or by email at [email protected].

Documentation: An approved Authority to Construct and an approved Permit toOperate.

Timing: The Permittee shall submit the appropriate applications and supportingdocumentation to APCD for review and approval prior to beginning construction orinstallation or prior to beginning operation. The Permittee shall provide the PlanningDivision these APCD permits, or written confirmation from ACPD that the permits arenot needed, prior to the issuance of a Zoning Clearance for use inauguration and/orinstallation.

Monitoring and Reporting: A copy of both the approved Authority to Construct and aPermit to Operate shall be maintained as part of the project file. Ongoing compliancewith the requirements of the Permit to Operate shall be accomplished through fieldinspection by District Inspectors.

(0411212012) Kristina Roodsari - Re: CUP #LU-11-0030 - Paint Ball Facility Page 1

From:To:Date:Subject:

<[email protected]><Kristina. [email protected]>0313012011 2:46 PMRe: CUP #LU-11-0030 - Paint Ball Facility

Thank you for your courteous and prompt response, KristinaSincerelyBarbara

ln a message dated 3l3Ol2O11 2:30:48 P.M. Pacific Daylight Time,Kristina. [email protected] writes:

It has not gone out to the public yet. Notice will be sent with therelease of the environmental document and when the hearing is about to be

scheduled. A legal notice will be published in the VC Star . Also, per the VenturaCounty Non-Coastal Zoning Ordinance Sect. 8111-3.1.3, owners of all realproperty situated within a radius of 300 feet of the exterior boundaries ofthe Assessor's Parcel(s) which is the subject of the application.

Kristina Roodsari, M.P.P.A, PlannerVentura County Planning Division800 S. Victoria Ave.Ventura, CA.93009805-654-2467805-6s4-2509 FAX

>>> <[email protected]> O3l3Ol2O11 12:57 PM >>>

Hi Kristina:Thanks for sending Save our Somis the Request for Project Review on this.I see you addressed your communication not only to Save our Somis butto the City of Moorpark Planning and a group called Preserve our RuralEnvironment.Could you please tell me which property owners in the Shekell Road area(which wouldinclude Balcom Canyon Road, Posita Road, Stockton, etc.-)' that you alsosent this to.

Thank you for your courtesySincerelyBarbara Kerkhoff

Planning Director Hearing

Conditional Use Permit No. LU11-0030Exhibit 6- Public Comments

(0411212012) Kristina Roodsari - Re: Conditional Use Permit No. LU11-0030 I

From:To:Date:Subject

Kristina RoodsariDavid Bobardt0411212011 8:18 AMRe: Conditional Use Permit No. LU11-0030

Thank you. I will forward this request to County Transportation.

Kristina Roodsari, M.P.P.A, PlannerVentura County Planning Division800 S. Victoria Ave.Ventura, C4.93009805-654-2467805-654-2509 FAX

>>> "David Bobardt" <[email protected]> O4l11l2O1I 5:51 PM >>>

Kristina,

The City of Moorpark Community Development Department reviewed theproposed paintball and air-soft sports center at 8643 Shekell Road.

Please include a condition that this project is subject to the Trafficlmpact Mitigation Fee agreement between the County and City of Moorparkas it is in the City's Area of lnterest. Thank you for consulting withus on this project. Please let me know if you have any questions.

Thanks.

David A. BobardtCommu nity Development DirectorCity of Moorpark799 Moorpark AvenueMoorpark, CA 93021(805) 517-6281dbobardt@ci. mooroark.ca.us <mailto:[email protected]>