Authority...commercial fishing equipment. Vehicle parking will be available on the project site for trucking companies and municipalities. Parking, operation, or maintenance of food

Planning Director Statr Report - Hearing on October t4,2019

County of Ventura. Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventwa, CA %m9-1740'(805) 654-2478'vcrma.org/diuisions/planning

Petrochem Transportation and Gontractor Serviceand Storage Yards, Case No. PL16-0118

A. PROJECT INFORMATION:

Request: The applicant requests that a Planned Development Permit be granted

to authorize the operation and maintenance of a transportation services storageyard and vehicle holding lot, and the operation and maintenance of a contractorservice and storage yard. (Case No. PL16-01 18).

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Applicant and Property Owner: Petrochem Development 1, LLC6591 Collins Drive, Suite E-11, Moorpark CA 93021

Decision-Making Authority: Pursuant to the Ventura County Non-CoastalZoning Ordinance (S8105-5 and $8111-1.2 et seq.), the Planning Director is thedecision-maker for the requested Planned Development Permit.

Project Site Location and Parcel Numbers: The project site is located at 4777Crooked Palm Road, Ventura 93001, west of the intersection of Canada Largaand Highway 33, in the unincorporated area of Ventura County (Exhibit 2). Theproposed project (PD) site encompasses 38.4 acres of a larger property. Theland involved with the project is comprised of portions of the following taxassessor parcels:

063-0-050-145,063-0-050-245,063-0-050-030, 063-0-050-040, 063-0-050-060,063-0-050-055, 063-0-050-280, 063-0-050-125, 063-0-050-115, 063-0-050-100,063-0-050-090, 063-0-050-355, 063-0-050-220, 063-0-050-345, 063-0-050-265,063-0-1 20-015, 063-0-1 20-165, 063-0-1 20-215

Project Site Land Use and Zoning Designations:a. Counturvide General Plan Land Use Map Desionation: The General Plan

designation is Existing Community - Urban Reserve (Exhibit 3). Theproject is located in the North Ventura Avenue Area Plan Area Plan with aland use designation of lndustrial.

Zonino Desiqnation: The zoning designation for the project site isM3-10,000 sq.ft. (Gen.lndustrial, 10,000 sq.ft. min. lot size) (Exhibit 3)

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Planning Director Staff Report for PL16-01 18Planning Director Hearing on October 14,2019

Page 2 of 22

Adjacent Zoning and Land Uses/Development (Exhibit 3):

Adjacent Zoning and Land Uses

Site History:

The project site is the former location of the Shell Oil Company anhydrousammonia production facility established in the 1950's and the USA PetrochemicalCompany oil and gas refinery operation established in the 1970's. Remnantconcrete foundations from these facilities currently exist at various parts of theproperty. All onsite activities associated with these two industrial uses ceased in2008. Since that time, the property has not been in active use.

Just west of the southern portion of the project site, two large spherical tanksbuilt around 1950 and previously used to store ammonia gas remain in place.

These spheres encompass approximately 20,179 square feet. They are not apart of the proposed project as they located on a separate 0.S-acre area that is

outside of the area that would be subject to the requested permit. Thesestructures, however, are the subject of a July 2018 Compliance Agreementbetween the landowner and the County Code Compliance Division that requirestheir removal by April 1 ,2019. On August 30, 2018, the Planning Division issueda ministerial Zone Clearance (Zone Clearance No. ZC18-1007) and BuildingPermit (B18-0009 44) to permit the demolition and removal of these spheres.

lnformation on the structures that currently exist on the project site is listedbelow.

Location inRelation to the

Proiect SiteZoning Land Uses/Development

North M3-10,000 sq. ft. Brooks lnstitute

EastM3-10,000 sq. ft. Ventura Avenue/State Hwy 33

lndustrial Uses

SouthM2-10,000 sq. ft. Undeveloped

West M2-10,000 sq. ft.Open Soace/AE-4O ac

Undeveloped(Ventura River channel)

Table 2 - Existing StructuresBuilding

No.Building Type Building Footprint

(Square Feet)Approximate

Year BuiltA Warehouse 14,267 1 950B Warehouse 3,788 1950

c Office 1,478 1 950

D Office 5,700 1 950


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The proposed transportation services yard would occupy 20.9 acres in thenorthern part of the subject property. The contractor service and storage yard

would occupy6.8 acres in the southern partof the property. The remaining 10.7

acres of the site would remain undeveloped and not be developed with an

industrial use. (Exhibit 4)

9. Project Description:

The requested permit would authorize the operation and maintenance of a"transportation services storage yard / vehicle holding lot" on the northern portion of theproject site and the operation and maintenance of a contractor service and storage yard

on the southern portion of the project site. The project components are described in

detail below.

Transportation Services Storaoe Yard / Vehicle Holdins Lot

The operation and maintenance of a transportation services storage yard I vehicleholding lot is proposed to occur on approximately 20.9-acre area of the project site. Thetransportation services storage yard lvehicle holding lot is designed to provide for short-term storage of passenger vehicles for future sale prior to delivery to various autodealerships in Ventura County. The vehicles will be stored on the holding lot betweenfourteen and ninety days depending on market conditions. Prior to leaving the site, mostvehicles will be prepared to be delivered to the dealerships by removing transportationpackaging, minimal rinsing within a designated vehicle rinse area to remove dusUdirt,

adding floor mats and off-the-shelf parts. The three (3) existing buildings (Building A, B,

and C) on this portion of the project site are proposed to be used for storage,administration and tenant uses.

Contractor Service and Storaqe Yard

The operation and maintenance of a contractor service and storage yard is proposed tooccur on an approximately 6,8-acre area of the project site. There are two (2) existingbuildings (Buildings D and E) on the site that will be rehabilitated and used for storage,equipment maintenance, administration and tenant use.

Tenants will include general contractors, oil field support operations, and the fishingindustry. All of these uses are customary and incidental to a contractor service and

storage yard. Potential tenants of the contractor service and storage yard will leasespace for the storage of equipment, roll off bins, building materials, pipe, and

BuildingNo.

Building Type Building Footprint(Square Feet)

ApproximateYear Built

E Warehouse 12,498 NA

Total Square Feet: 37, 731


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commercial fishing equipment. Vehicle parking will be available on the project site fortrucking companies and municipalities. Parking, operation, or maintenance of foodtrucks would not be authorized by the requested permit.

Existinq Buildinq Use

There are five existing buildings that will be utilized as part of the proposed project.

These buildings will be refurbished (interior remodel, cosmetic changes to exterior, etc.)to current County and State Building Code standards and be utilized for warehouse and

office space associated with the proposed contractor service and storage yard and thetransportation services storage yard lvehicle holding lot uses. The size and current useof the existing buildings are listed in the table below.

Existinq StructuresBuilding

No.Building Type Building Footprint

(Square Feet)Approximate

Year BuiltA Warehouse 14,267 1 950B Warehouse 3,788 1 950c Office 1,478 1950

D Office 5,700 1 950E Warehouse 12,498 NA

These buildings would not be rented, leased or otherwise used for any purpose that isnot accessory to the onsite uses authorized under the requested permit.

Hours of Operation:

The hours of operation for the proposed uses is listed below. Three employees will be

utilized onsite.

Hours of OperationUse Day of the Week Hours of Operation

Contractor StorageYard

7 Days per week 7:00 am to 6:00 pm**

Vehicle Holding Lot 7 Days perweek 7:00 am to 7:00 pm

** Yard is accessible 24 hours per day for tenants. Peak activity hours are 7:00 am

to 9:00 am and 4:00 pm to 7:00 Pm.


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Traffic Volume Limitations

The proposed limits on vehicle traffic volume associated with the proposed project aredescribed in the following table.

Traffic VolumeUse Vehicle

TypeMaximum

DailyTruckloads

(Round-trips)

MaximumDaily Trips

Transportation Services Vehicle Holding LotTransport of vehicles to and fromthe site

Large autotransportertruck

20 loads 40(Peakhours)

Employee trips PersonalVehicle

2loads 4

Gontractor Service and Storage YardStorage Yard Tenants Various

contractorvehicles

30 loads(Peakhours)

60

General Facility Manager Light dutytruck

1 load 2

Total Maximum Daily Trips: 106

Liqhtinq and Site Securitv

Security lighting would be installed as necessary. Lighting fixtures will be shielded anddirected downward such that direct illumination will be limited to the project site. Twenty-four-hour security will be provided by locked gates, fencing and security lighting. Anonsite Manager will also provide security during daytime operations.

Landscaoe Screenino:No trees are proposed to be removed as part of the project. ln addition, the applicantwill be required to prepare and implement a County-approved Landscaping Plan thatscreens the facility from public viewpoints. Although portions of the project site arescreened by existing trees and vegetation which will be retained, the applicant hasproposed to install approximately 0.5 acres of landscape screening along the VenturaRiver Bike Trail, where the proposed project is visible to the public. These landscapeareas include portions of the western and southern boundaries of the project site. A mixof native groundcover/low-lying vegetation as well as larger trees, specifically 15

California Sycamores, is proposed to be planted.


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Concrete Pads:

Concrete pads are located throughout the project site and are remnants of the formerShell Oil and USA Petrochemical facilities. A shed west of the spheres and an APISeparator were demolished in 2017. Due to these recent demolition activities, smallconcrete stockpiles remain in locations throughout the project site. The use of a mobilecrusher to process the remaining concrete debris into useable road base is proposed.This material will be used on the project site. Minor ground disturbance will occur as aresult of this activity.

Gradinq and Drainage

Approximately 10.7 acres of the project site is not authorized to be utilized for industrialpurposes. This portion of the site surrounds the two (2) spherical storage tanks that arescheduled for demolition and removal. The 0.S-acre site of these tanks is not a part ofthe permit area. This 1O.7-acre area will not be altered, improved, or used as part of theoperation of either the Transportation Services Yard or the Contractor Service andStorage Yard.

The project includes the removal of some of the remaining impervious concretesurfaces. The waste concrete will be crushed into useable road base, placed in

temporary stockpiles, and ultimately spread throughout the site to control erosion andlimit dust generation

Water and Sewaqe Disposal

Water will continue to be supplied to the project site by the City of Ventura. Sewagedisposal services will continue to be provided by the Ojai Valley Sanitation District. Theexisting restroom facilities will be used by tenants.

Flood Safetv lmprovements:

The Transportation Services Yard portion of the project site is partially located within thefloodplain of the Ventura River. ln order to prevent the vehicles temporarily stored in thisarea from being floated into the active river channel during flood conditions, a series ofbollards spaced S-feet apart will be installed along a 300-foot long segment of thewestern boundary of the facility as indicated on the approved site plan.

B GALTFORNTA ENVIRONMENTAL QUALITY ACT (CEaA) COMPLIANCE

Pursuant to CEQA (Public Resources Code S21000 et seq.) and the CEQA Guidelines(Title 14, California Code or Regulations, Division 6, Chapter 3, $15000 et seq.), thesubject application is a "project" that is subject to environmental review.

Planning Director Staff Report for PL16-01 1B

Planning Director Hearing on October 14,2019PageT o'f 22

County staff prepared an lnitial Study in accordance with the County's lnitial Study

Assessment Guidelines. Based on the information contained in the lnitial Study, the

County staff prepared a Mitigated Negative Declaration (MND) and made the MND

available for public review and comment from December 28,2018 to January 27,2019.The method of notification was direct mailing to property owners within 300 feet ofproposed project boundary, and a legal notice published in the Ventura County Star

newspaper. ln addition, the MND (Exhibit 6) was circulated to State agencies through

the State Clearinghouse.

An MND is a written statement briefly describing the reasons that a proposed project will

not have a significant effect on the environment and therefore does not require thepreparation of an Environmental lmpact Report. However, the lnitial Study identifiedpotentially significant effects on the environment related to biological resources, scenicresources and noise and vibration, but the applicant agreed to mitigations prior the

release of the MND. Proposals agreed to by, the applicant before the MND is releasedfor public review would avoid the effects or mitigate the effects to a point where no

significant effect on the environment would occur. More specifically, the MND identifiedthe following potentialty significant, but mitigable impacts, related to biologicalresources:

MND. Section 4a. Bioloqical Resources. Species: The Initial Study found that theproposeO project would have potentiatty significant impacts species. lmpacts will be less

than significant with the implementation of the Mitigation Measures BIO-1, whichrequires employees to be trained in red legged frog behavior and biology, ensure that aqualified biological monitor is onsite during land clearing activities, and cease operationsif red legged frogs are seen onsite until the frogs can be safety relocated.

MND. Section 4a. Bioloqical Resources, Species: The lnitial Study found that theproposed project would have potentially significant impacts to species. lmpacts will be

iess than significant with the implementation of the Mitigation Measures BIO-2, which

require the Applicant to conduct all demolition, tree removal/trimming, vegetationclearing, and grading activities (collectively, "land clearing activities") in such a way as

to avoid nesting native birds by prohibiting land clearing activities during the nesting bird

season or survey and avoid occupied nests.

MND, Section 4a. Bioloqical Resources. Species: The lnitial Study found that theproposed project would have potentially significant impacts to species. lmpacts will be

iess than significant with the implementation of the Mitigation Measures BIO-3, which

requires the Applicant to conduct concrete crushing activities outside the nesting bird

season, conduct crushing activities 630 feet from the edge of the riparian habitat, orconduct crushing activities with the use of a portable sound barrier if activities occurwithin 200 feet from the edge of the riparian habitat.


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MND. Section 4a. Bio cal Resources. Soecies: The lnitial Stud y found that theproposed project would have potentially significant impacts to species. lmpacts will be

less than significant with the implementation of the Mitigation Measures BIO-4, whichrequires the Applicant to conduct grading activities within the dry season. This willminimize sediment transport into sensitive habitat located along the Ventura River.

n4d Biol Habitat Con The lnitial Study foundthat the proposed project would have potentially significant impacts to habitatconnectivity. lmpacts will be less than significant with the implementation of theMitigation Measures BIO-5, which will require the Applicant to submit a lighting plan toensure that exterior lighting does not adversely impact biological resources on theproject site and surrounding uses.

Section 6. Scenic Resources: The lnitial Study found that the proposed project wouldhave potentially significant impacts to scenic resources. lmpacts will be less thansignificant with the implementation of the Mitigation Measures SR-1, which will requirethe Applicant to submit a landscape screening plan that will require the installation oflandscaping and screening to screen existing buildings "D" and "E" of the proposedproject from public views (i.e. Crooked Palm Road and SR-33).

Section 21. Noi and Vibration: The lnitial Study found that the proposed project wouldhave potentially significant impacts to noise and vibration. lmpacts will be less thansignificant with the implementation of the Mitigation Measures N-1, which requires theApplicant to restrict onsite crushing activities to ensure that noise levels do not exceedCounty adopted noise limits.

1. FindingsforAdoptionof an MND: The CEQA Guidelines [S 15074(b)] state that aMND shall only be adopted by a decision-making body if there is no substantialevidence, in light of the whole record, that the proposed project may have a significantadverse effect on the environment and that the MND reflects the Lead Agency'sindependent judgment and analysis.

As discussed in sections A and B of the lnitial Study, the proposed final MND,including written comments on the MND and staff's responses to the comments on

the MND, is attached as Exhibit 6. The proposed project described above will notcreate any significant impacts that would affect long term environmental goals. Theproposed project does not involve noise that will interfere with surrounding uses,

traffic hazards, adverse impacts to water bodies located on or around the project siteand will not generate any hazardous wastes. Therefore, the proposed project wouldnot create any environmental effects that would cause substantial adverse effects,either directly or indirectly on human beings.

Potentially significant environmental effects of the proposed project are identified inthe MND in the issue areas of biological resources, scenic resources and noise and


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vibration. However, mitigation measures have been developed that would avoid orreduce those impacts to less than significant levels. Therefore, the proposed projectwill not pose any threat to fish and wildlife, nor will it degrade the quality of theenvironment.

Therefore, based on the information provided above and in light of the whole record, staffrecommends that the decision-maker find there is no substantial evidence the proposedproject may have a significant adverse effect on the environment and that the MND(Exhibit 7) reflects the County's independent judgment and analysis.

2. Mitigation Monitoring and Reporting Program: The CEQA Guidelines tS15091(d)l statethat, when approving a projectforwhich a MND has been prepared,the agency shall also adopt a program for reporting on, or monitoring, the changeswhich it has either required in the project or made a condition of approval to avoid orsubstantially lessen significant environmental effects. These measures must be fullyenforceable through permit conditions, agreements, or other measures.

ln order to minimize potential impacts on Biological Resources, the following fourmitigation measures have been incorporated into the recommended conditions ofapproval (Exhibit 7, COA No. 20 through 24):

MM BIO-1: California Red-Legged Frog Capture and Relocation PlanMM BIO-2: Avoidance of Nesting BirdsMM BIO-3: Minimizing Concrete Crushing NoiseMM BIO-4: Monitoring and Timing of Grading Activities

ln order to minimize public views of the proposed facility, the following measure hasalso been incorporated into the recommended conditions of approval (Exhibit 7,

COA No. 25):

SR-1: Landscape screening along a portion of Crooked Palm Road

ln order to minimize noise generation consistent with County policy and the adoptedThreshold of Significance (Ventura County lnitial Study Assessment Guidelines(2011), the following measure is included in the conditions of approval (Exhibit 7,

COA No. 26)

N-1: Concrete crushing activities

These conditions of approval will include provisions for monitoring compliance withthe mitigation requirements (Exhibit 7, COA Nos. 20 through 26).

The MMRP describes the purpose, requirement, timing, documentation, monitoring, andreporting components required for each mitigation measure. Therefore, a mitigation

Planning Director Staff Report for PL16-0118Planning Director Hearing on October 14,2019

Page 10 of 22

monitoring and reporting program has been prepared in compliance with the CEQAGuidelines

Based on the foregoing information, the decision-maker can make the findings requiredby the CEQA Guidelines.

C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goalg Policies and Programs (April 6,2010, Edition,page 4) states:

...in the unincorporated area of Ventura County, zoning and any permits issuedthereunder, any subdivision of land, any public works project, any public (County,

Special District, or Local Government) land acquisition or disposition, and anyspecific plan, must be consistent with the Ventura County General Plan Goals,Policies and Programs, and where applicable, the adopted Area Plan.

The Ventura County Non-Coastal Zoning Ordinance ($81 11-1.2.1.1.a) states that inorder for a Planned Development Permit to be granted, a proposed project must befound consistent with all applicable policies of the Ventura County General Plan and theNorth Ventura Avenue Area Plan.

Evaluated below is the consistency of the project with the applicable policies of theGeneral Plan and the North Ventura Avenue Area Plan.

1 Resources Policy 1.1.2-1: All General Plan amendments, zone changes anddiscretionary development shall be evaluated for their individual and cumulativeimpacts on resources rn compliance with the California Environmental QualityAct.

As discussed in Section B (above) for the project, the project's individual impactsand contribution to cumulative impacts on resources have been evaluated incompliance with CEQA.

Based on the above discussion, the proposed project is consistent with Policy1.1.2-1.

Resources Policy 1.1.2-2: Except as otherwise covered by a more restrictivepolicy within the Resources Chapter, significant adverse impacts on resourcesidentified in environmental assess/nents and reports shall be mitigated fo /essthan significant levels or, where no feasible mitigation measures are available, astatement of overriding considerations shall be adopted.

As discussed in Section B (above) and in the MND prepared for the proposedproject (Exhibit 6), the potentially significant impacts that would result from

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project implementation have been mitigated to a less than significant level. Therequired mitigation measures are incorporated into the conditions of approval ofthe requested permit. Residual impacts of the project, after mitigation, will be lessthan significant.

Based on the above discussion, the proposed project is consistent withResources Policy 1.1 .2-2.

Biological Resources Policy 1.5.2-1: Discretionary development which couldpotentially impact biologicalresources shall be evaluated by a qualified biologistfo assess impacts and, if necessary, develop mitigation measures.

The proposed project was reviewed by a qualified biologist (i.e. the PlanningDivision biologist) who developed mitigation measures. As discussed in Section8.2. above, four mitigation measures will be imposed as part of the conditions ofapproval to address potential adverse effects on biological resources.

Based on the above discussion, the proposed project is consistent withResources Policy 1 .5.2-1 .

Biological Resources Policy 1.5.2-2: Discretionary development shall be sitedand designed to incorporate all feasible measures to mitigate any significantimpacts to biological resources. lf the impacts cannot be reduced to a /ess fhansignificant level, findings of overriding considerations must be made by thedecision-making body.

An lnitial Study Biological Assessment (ISBA) Report was prepared for theproposed project site by BioResource Consultants, lnc. in 2016. This reportidentified potential adverse effects on special status species (California Red-Legged Frog, nesting birds) and mitigation measures to address these effects.With imposition of biological mitigation conditions of approval MM1 through MM4(Exhibit 7, Conditions of Approval, Condition Nos. 41 through 44) potential impactson biological resources would be reduced to a less than significant level.

Based on the above discussion, the proposed project is consistent withResources Policy 1 .5.2-2.

Biological Resources Policy 1.5.2-4: Discretionary development shall be siteda minimum of 100 feet from significant wetland habitats to mitigate the potentialimpacts on said habitats. Buffer areas may be increased or decreased uponevaluation and recommendation by a qualified biologist and approval by thedecision-making body. Factors to be used in determining adjustment of the 100foot buffer include soil type, s/ope stability, drainage patterns, presence orabsence of endangered, threatened or rare plants or animals, and compatibility

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of the proposed development with the wildlife use of the wetland habitat area.The requirement of a buffer (setback) shall not preclude the use of replacementas mitigation when there is no other feasible alternative to allowing a permitteduse, and if the replacement results in no nef /oss of wetland habitat. Suchreplacement shall be "in kind" (i.e. same type and acreage), and provide wetlandhabitat of comparable biological value. On-site replacement shall be preferredwherever possib/e. The replacement plan shall be developed in consultation withCalifornia Department of Fish and Game.

The proposed project does not involve any substantial new construction. Boththe transportation services yard and contractor service and storage yard willbe located more than 150 feet from the nearest wetland habitat located alongthe Ventura River. The potential impacts on species that occupy the wetlandhabitat will be less than significant with the implementation of the requiredmitigation measures included in the conditions of approval.


Biological Resources Policy 1.5.2-5: The California Department of Fish andGame, the l,l.S. Fish and Wildlife Service, National Audubon Society and theCalifornia Native Plant Society shall be. consulted when discretionarydevelopment may affect significant biological resources. The National ParkService shall also be consulted regarding discretionary development within theSanta Monica Mountains or Oak Park Area.

The Planning Division biologist consulted with the State and Federal wildlifeagencies in the evaluation of impacts and the development of mitigationmeasures. With imposition of Planning Division biological mitigation conditionsMM1 through MM4 (Exhibit 7, Conditions of Approval, Condition Nos. 41-44), theproposed project would not significantly impact biological resources.


Scenic Resources Policy 1.7.2-2(31and -4: Scenic Resource Areas, which aredepicted on the Resource Protection Map (Esure_!, shall be subiect to theScenic Resource Protection (SRP) Qverlay Zone provisions and standards sefforth in the Non-CoastalZoning Ordinance, which include the following:

2. Scenic Resource Areas, which are depicted on the Resource Protection Map(Fiqure 1), shall be subject to the Scenic Resource Protection (SRP) OverlayZone provisions and standards set forth in the Non-Coastal ZoningOrdinance, which include the following:

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(3) All discretionary development shall be sded and designed to:

a. Prevent significant degradation of the scenic view or vista;b. Minimize alteration of the natural topography, physical features and

vegetation;c. Utilize native plants indigenous to the area for re-vegetation, whenever

possib/e;d. Avoid silhouetting of structures on ridge tops that are within public

view.e. Use colors and materials that are designed to blend in with the natural

surroundings.f. Minimize lighting that causes glare, illuminates adiacent properties, or

is directed skyward in rural areas.

4. The Planning Division shall continue to implement the landscapingrequirements of the Zoning Ordinance and the "Guide to Landscape Plans" toenhance the appearance of discretionary development.

The proposed project is located just west of Highway 33, a county designatedscenic highway. lt is also located just east of the Ventura River bike path. Thesegments of these transportation corridors where substantial views of theproposed facility would be available to the public are addressed in projectconditions. The required landscaping plan (Exhibit 7, Condition of Approval No.

20) requires the installation of vegetative screening to obstruct public views of thefacility from Crooked Palm Road and the bike path. The landscaping plan will beprepared in accordance with the County landscape guidelines.

Based on the above discussion, the proposed project is consistent withResources Policy 1.7.2-2(3) and -4.

Fire Hazard Policy 2.13.2-1= All discretionary permits shall be required, as acondition of approval, to provide adequate water supply and access for fireprotection and evacuation purposes.

According to the VCFPD, the existing water supply and access are adequate forfire protection. The conditions of approval (Exhibit 8, Conditions of Approval,Condition Nos 31 through 39) will ensure that this adequate situation will bemaintained.

Based on the above discussion, the proposed project is consistent with FireHazard Policy 2.13.2-1 .

Planning Director Staff Report for PL16-0'1 18Planning Director Hearing on October 14,2019

Page 14 of 22

9. Hazardous Materials and Waste Policy 2.15.2-2: Sife p/ans for discretionarydevelopment that will generate hazardous wasfes or utilize hazardous materialsshall include details on hazardous wasfe reduction, recycling and storage.

The proposed project generally does not involve the use or generation ofhazardous materials. Any hazardous chemicals (such as lubricants or surfactantsfor washing vehicles) will be stored and used in accordance with Stateregulations (Exhibit 7, Condition of Approval#27).

Based on the above discussion, the proposed project is consistent withHazardous Materials and Waste Policy 2.15.2-2.

D. CONSISTENCY WITH THE VENTURA AVENUE AREA PLAN

A. lntent And Rationale For Land Use Desrgnation

The purpose and intent of the lndustrial and Floodplain designations in the NorthVentura Avenue Area Plan are leproduced below along with an evaluation of theconsistency of the proposed project with these standards.

A5. lndustrial

The North Ventura Avenue Community contains a substantial amount of oil relatedmanufacturing, light manufacturing and open storage facilities. These uses areappropriate, and the lndustrial designation is intended to allow their continuation andexpansion, as well as the construction of new facilities consistent with the County's M-2and M-3 zoning and the City's M-1 and M-2 zoning. The impacts of new or expandedindustrialuses sha// be evaluated on a case-by-case basis to ensure that no significantadverse impacts are generated.

The proposed use of the subject property for a transportation services yard andcontractor service and storage yard would constitute "open storage facilities" that areidentified in the above intent statement as appropriate for land designated lndustrial.Thus, the proposed project is consistent with the land use designation of the site.

A8. Floodplain

Lands adjacent to the Ventura River which have been designated as "Floodplain" aregenerally not appropriate for urban uses until a Floodplain ordinance is adopted by thecity. The areas designated as the 100 Year Floodplain are based on the Floodlnsurance Rate maps prepared for the United Sfafes Department of Housing and UrbanDevelopment's Federal lnsurance Administration. The underlying land use desrgnationsoutside the floodway but within the 100 Year Floodplain are "lndustrial," generally


Page15of22

located north of Shell Road or south of Gosnell Bend, and "Oilfield lndustrial," generallylocated north of Gosnell and south of Shell Road.

. County Policy -New industrial or oilfield industrial development or anexpansion of existing industrial or oilfield industrial development may occur only ifit can be shown through additional analysis that such areas will be protected froma 100-year flood.

. City Policy: - An expansion of existing industrial or oilfield industrialurbanization may occur only if it can be shown through additional analysis thatsuch areas are currently protected from a 10O-year flood.

Any flood protection measures necessary to protect existing development in theFloodplain shall minimize adverse impacts and changes fo the river channel.

The proposed project does not involve the placement of any new buildings or otherpermanent structures on lands designated as Floodplain. The only physical changes in

the Floodplain-designated lands made as part of the project are the installation ofbollards and the planting of sycamore trees.

The proposed bollards would be 5 feet apart and placed along a 300-foot long segmentof the western edge of the proposed transportation services yard. These bollards wouldnot "protect" the proposed facility site from flood flows and would serve only to preventthe floating of stored vehicles into the Ventura River channel during extreme floodingevents. lt is not required for the proposed use to protect the project site from flooding.

As part of the project, 15 California sycamore trees will be installed along the existingVentura River bike path. These trees would be planted for landscaping reasons and beapproximately 100 feet apart. They would have a negligible effect on flood flows.

Based on the above discussion, the proposed project is consistent with applicable floodcontrol policies.

B. Other Land Use Element Policies

Reproduced below are area plan policies that pertain to water resources anddeve I opme nt on I nd u stri al -d e sig n ated I and s.

84. Water Policy Procedures

Water service shall be provided by the City to the North Ventura Avenue Community(within lfs Sphere of lnfluence), subject to the provisions of the City's Water Policy (seeCity policy resolution No. 82-151 in Appendix). Development proposals shall receive a"Preliminary WillSerye" (water availability) Ietter from the City prior to the filing planning

Planning Director Staff Report for PL16-01 1B

Planning Director Hearing on October 14,2019Page 16 of 22

applications with the County. The provision and/or expansion of water sysfems sha//meet the City's standards. Applications which do not contain a "Preliminary Will Serue"letter will be considered incomplete. After obtaining all appropriate County approvals,applicants pursuing development will enter into a "Water Service Agreement" with theCity and the City will then issue a "Final Will Serve" Ietter.

The proposed project would be served water by the City of Ventura. The property hasbeen served by the City through a 6-inch meter since 1982. According to City staff, theestimated water demand of the project (100 cubic feet per month or 0.03 acre-feet peryear) is minimal and can be provided from the existing water infrastructure on theproject site. As the project site is already served by the City of Ventura, a new Out-of-Area Service Agreement and review by the Local Agency Formation Commission(LAFCO) of such service is not required.

Based on the above discussion, the proposed project is consistent with the waterresources policies of the North Ventura Avenue Area Plan.

86. lndustrial Buffering

New or expanded industrial development in either of the industrial designations which isadjacent to residential areas shall provide buffers to adequately protect residential areasfrom any intrusion or nuisance factors generated by the industrial development.lndustrial uses adjacent to the Ventura River (which is an anadromous fish stream),shall be compatible with the goal of preserving the natural attributes of the River, anddevelopment should not be permitted which would result in its degradation.

The proposed project is not located adjacent to any residential uses. Thus, a buffer fromsuch uses is not required. The areas proposed for active use as part of the project arelocated from 100 to 400 feet away from the channel of the Ventura River. Thus, nodegradation of the riparian habitat or other attributes of the river channel is anticipatedto result from project implementation.

Based on the above discussion, the proposed project is consistent with the lndustrialBuffering policies of the North Ventura Avenue Area Plan.

E. ZONING COMPLIANCE

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

Pursuant to the Ventura County Non-Coastal Zoning Ordinance (S8105-5), theproposed uses are allowed in the M3-10,000 sq.ft.zone districtwith the granting of a


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Planned Development Permit. Upon the granting of a Planned Development Permit, thePermittee would achieve compliance with this requirement.

The site encompasses an existing undeveloped lot that is subject to the developmentstandards of the Ventura County Non-Coastal Zoning Ordinance (S8106-1.2). Asdescribed in the table below, the proposed project is in conformance with thedevelopment standards of the M3-10,000 sq. ft., General lndustrial, zone.

Development Standards Consistency Analysis

PLANNED DEVELOPMENT PERMIT FINDINGS

EVIDENCE

AND SUPPORTING

The Planning Director must make certain findings in order to grant the requested permitpursuant to Sections 81 1 1-1.2.1.1 of the Ventura County Non-Coastal Zoning Ordinance(NCZO). The ability of the decision-maker to make these findings is evaluated below.

The proposed development is consistent with the intent and provisions ofthe Gounty's General Plan and of Division 8, Ghapters 1 and 2, of theVentura County Ordinance Gode [S811 1-1.2.1.1.a].

Based on the information and analysis presented in Sections C, D and E of thisstaff report, the finding that the proposed development is consistent with theintent and provisions of the County's General Plan and of Division 8, Chapters 1

and 2, of the Ventura County Ordinance Code can be made.

The proposed development is compatible with the character ofsurrounding, legally established development tS81 1 1-1.2.1.1.b].

The proposed transportation services yard and contractor service and storageyard contractor service and storage yard would be compatible with thesurrounding development. These proposed industrial uses would be set backfrom residential uses located to the east and set back from sensitive habitat

F

1

2

Type of RequirementZoning Ordinance

Requirementln

Conformance?

Minimum Lot Area (Gross) 10,000 sf YesMaximum Percentage of Building Coverage 40o/o YesFront Setback 10 feet YesSide Setback 5 feet YesRear Setback 5 feet YesMaximum Buildinq Heisht As allowed bv permit Yes

3.

4.

5.


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located to the west along the Ventura River. The use of the site for temporaryvehicle parking and for contractor storage would not adversely affect theinstitutional (Brooks lnstitute) and industrial (RDK contractor service and storageyard) located north of the site. The land to the south of the site is undeveloped.

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

The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses IS811 1-1.2.1.1.c1.

As indicated in Section B of this staff report, no significant and unavoidableenvironmental effects have been identified that would result from the proposedproject. Mitigation measures required to ensure that impacts are less thansignificant are incorporated into the conditions of approval.

The Conditions of Approval (Exhibit 7) establish limits on the hours of operation,lighting, traffic volume, the use of the existing buildings on the site, and thestorage and disposition of waste concrete generated by the demolition of theformer chemical plant and petroleum refinery. The conditions also includelandscape screening requirements (Condition of Approval No. 20) that reflect thelandscape screening plan (Exhibit 5) included in the applicant's proposal. Theproposed screening would minimize public views of the proposed facilities. Withthese measures, no aspect of the proposed facilities has been identified thatwould be obnoxious or harmful or impair the use of neighboring property.

Based on the above discussion, this finding can be made

The proposed development would not be detrimental to the public interest,health, safety, convenience, or welfare tS811 1-1.2.1.1.d1.

As indicated in Section B of this staff report, no adverse effect of the proposedproject on the environment or public health and safety has been identified. Theproject would not involve any adverse effects on adjacent properties.


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.e].

This finding does not apply because a Conditional Use Permit is not required toauthorize the proposed uses.

6


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The proposed development will occur on a legal lot [Sections 8101-3.4 and8111-1.2.1.1f1.

On August 29, 2019, the County Surveyor confirmed that the lots that constitutethe project site are legal lots or a combination of legal lots. The lots wereconfirmed to be legal by the following Legal Lot Determinations: AD05-0053,AD05-0051, AD05-0054, AD05-0052, a legal lot determination certified prior to1955. The remaining lots are determined to be legal through mergers with otherlegal lots.


F. PLANNING DIRECTOR HEARING NOTICE AND PUBLIC COMMENTS

On September 9, 2019, the Planning Division provided public notice regarding thePlanning Director hearing in accordance with the Government Code (565091), VenturaCounty Non-Coastal Zoning Ordinance (S8111-3.1). The Planning Division mailednotice to owners of property within 300 feet of the subject project site and to the City ofVentura. In addition, a legal ad was published in the Ventura County Star. As ofSeptember 12,2019, no public comments have been received.

The project site is located within the City of Ventura's Sphere of lnfluence. By letterdated September 8, 2016, the Planning Division notified the City of Ventura of theproposed project and requested the City of Ventura to review the proposal and providecomments.

On September 1, 2016, on behalf of Petrochem Development LLC, Sespe Consultingapplied for a Planned Development (PD) Permit. On May 31,2017, an updated projectdescription was submitted to the Planning Division that included a storm water facilitiesarea located on APNs 063-0-120-020,063-0-050-320 063-120-015 and 063-0-050-145.The City of Ventura General Plan land use designation for APNs 063-0-120-020 and063-0-050-320 is Parks and Open Space and for APNs 063-120-015 and 063-0-050-145, the city General Plan land use designation is Agricultural. Accordingly, theproposed stormwater facilities area would be inconsistent with SOAR and the intent ofthe city of Ventura's Parks, Open Space and Agricultural General Plan designations.

On March 21, 2018, the applicant revised their project description eliminating APNs063-0-120-020,063-0-050-320 063-120-015 and 063-0-050-145 from the proposedproject. The stormwater facilities area was removed from the project description as it isnot a necessary component for the operation of the project.

On March 22,2018, the City of Ventura provided a letter to staff stating that the projectis consistent with the City's General Plan Policies related to flooding and developmentin the floodplain. The letter also acknowledges with the revised project description, no


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development is proposed west of the railroad parcels, which has a City General Plandesignation of Agriculture, Parks and Open Space.

On September 18,2019, interested parties were informed by email that the September19,2019 Planning Director hearing was continued to October 10,2019. The hearingwas continued so staff could verify USFWS supported the recommended mitigationmeasures to address potential impacts to biological resources. As discussed in SectionB of this staff report, on September 23, 2019, the USFWS reviewed the MND anddetermined that the proposed mitigation measures to avoid and protect the federally-endangered California Red-legged frog were sufficient (Exhibit 6. MND Response toComment, September 23, 2019). After the close of business on September 18, 2019,the applicant informed staff that they were unavailable on October 10, 2019. Therefore,staff continued the hearing to October 14,2019.

On September 23,2019, notification of the continued hearing date was placed on thePlanning Division website. Per County policy, the Planning Director hearing for theproject was held on September 19,2019 to state that the hearing was continued toOctober 14, 2019. No oral testimony was given and only the applicant and arepresentative from Patagonia attended the hearing.

Staff received several public comments on the proposed project after the release of thestaff report for the September 19, 2019 Planning Director hearing. A list of theCommenters is included below and staff's responses to these comments are included in

Exhibit 9 of this staff report. The comments do not raise any new concerns that wouldrequire recirculation of the MND or would create a significant impact that would requirethe preparation of an ElR. The Commenters are as follows:

CFROG. Marie Lakin Executive Director. Seotember 16. 2019: The commentincludes concerns that the County's evaluation of air quality emissions is notcorrect.

a Citv of Oiai Plannins Commissioner Kathv Nolan. September 18,2019: The

comment includes concerns that the County's evaluation of air quality emissions

is not correct.

a Friends of the Ventura River. September 19. 2019 rev. September 27. 2019: Thecomment includes several concerns regarding the proposed project's impacts onthe environment.

a Carol Hollv. Se ber 30. 201 Questions about the vehicle storage lot

On September 20,2019, Dr. Steven Colome, representing Climate First: Replacing Oiland Gas (CFROG), requested a copy of the MND and a copy of the applicant's analysisof air emissions based on the California Emissions Estimator Model (CalEEMod)


Page21 of22

program. On September 23 and 27, 2019, the MND and the current 2016 CalEEModcalculations (Exhibit 6) were fonruarded to Dr. Colome. ln 2016 when the application wassubmitted to the County, the Ventura County Air Pollution Control District (VCAPCD)evaluated the project using the CalEEMod model version 2013. The projected

operational emissions were calculated at 0.47 lbs./day ROC and 12.07 lbs./day NOx.That model has since been replaced with version 16.3.2. VCAPCD evaluated theproject using the current 2016 model. The 2016 projected operational emissions arecalculated at 0.56 lbs./day ROG and 1 1.24 lbs.lday NOx. The change in the air qualityemissions is included in the updated MND for the proposed project (Exhibit 6). Thechange in the air emissions will not require recirculation of the MND or will create a newsignificant impact on air quality. This is because the project is not located within the OjaiValley Planning Area, and thus is not subject to the 5 pounds per day threshold ofsignificance for NOx and ROG emissions, per the Ventura County Ojai Valley Area PlanPolicy 1.1.2 and the adopted 2003 Ventura County Air Quality Assessment Guidelines.The air emissions included in the updated MND do not exceed the 25 pounds per dayair quality thresholds of significance that the Ventura County Air Pollution ControlDistrict utilizes to evaluate projects per the adopted County Air Quality AssessmentGuidelines.

G. RECOMMENDED ACTIONS

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

1. CERTTFY that the Director has reviewed and considered this staff report and all

exhibits thereto and has considered all comments received during the public

comment process;

2. FIND, based on the whole of the record before the Planning Director, including thelnitial Study and any comments received, that upon implementation of themitigation measure there is no substantial evidence that the project will have a

significant effect on the environment and that the MND reflects the PlanningDirecto/s independent judgment and analysis;

2. ADOPT the MND (Exhibit 6) and Mitigation Monitoring Program (Exhibit 7);

3. MAKE the required findings to grant a planned development (PD) permit in

accordance with Sections 8111-1.2.1.1 and 8109-3.4 of the Ventura County NCZO,based on the substantial evidence presented in Section F of this staff report and theentire record;

4. GR^ANT Planned Development Permit No. PL12-0152, subject to the conditions ofapproval (Exhibit 7).

Planning Director Staff Report for PL16-0118Planning Director Hearing on October 14,2019

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5. SPECIFY that the Clerk of the Planning Director 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 granted, conditionallygranted or denied (or on the following workday if the 1Oth 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 Board ofSupervisors to review the matter at the earliest convenient datelf you have any questions concerning the information presented above, please contactKristina Boero at (805) 654-2467 or [email protected].

Prepared by: ewed by:

na , Senior Planner nifer lch, anagerResidential Permits Section ide rmits Section

EXHIBITSExhibit 2Exhibit 3Exhibit 4Exhibit 5Exhibit 6Exhibit 7Exhibit 8Exhibit 9

Location MapAerial, General Plan and Zoning Designation MapSite PlanLandscape Screening PlanEnvironmental Document (MND) and Public Comment on the MNDConditions of approvalCity of Ventura and Friends of the Ventura River CorrespondencePublic Comments and Response to Public Comments

Documents

Authority...commercial fishing equipment. Vehicle parking will be available on the project site for trucking companies and municipalities. Parking, operation, or maintenance of food