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Conditions of Approval for Planned Development Permit No. PL16-0118 Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC Planning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura Page 1 of41 EXHIBIT 7 . DRAFT CONDITIONS OF APPROVAL FOR PLANNED DEVELOPMENT PERMIT NO. PLl6.0118 PETROCHEM CONTRACTOR SERVICE AND STORAGE YARD AND TRANSPORTATION SERVICES YARD Assessor's Parcel Numbers (APNs): 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- 050-1 15, 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 20-01 5, 063-0-1 20-165, 063-0-1 20-215 This permit authorizes fhe operation of a Contractor Seruice and Storage Yard and a Transportation Seruices Yard on the subject property subject to the limitations imposed by the fottowing conditions of approval. Any changes in the character, intensity, location or timing of the activities authorized herein must be first approved by the County of Ventura Ptanning Division. A Zoning Clearance, Permit Adiustment or a Permit Modification may be required to authorize any proposed changes. Additional environmental review pursuant to CEQA may also be required. Any proiect change made without County authorization may constitute a violation of this permit and applicable law. L Project Description This Planned Development Permit (PD) is based on and limited to compliance with the project description stated in this condition below, Exhibit 3 (Site Plan) of the Planning Director hearing on September 19, 2019, and conditions of approval set forth below. Together, these conditions and documents describe the "Project." Any deviations from the Project must first be reviewed and approved by the County in order to determine if the Project deyiations conform to the Project as approved. Project deviations may require Planning Director approval for changes to the permit or further California Environmental Quality Act (CEQA) environmental review, or both. Any Project deviation that is implemented without requisite County review and approval(s) may constitute a violation of the conditions of this permit and applicable law. The Project description is as follows: This permit authorizes the operation and maintenance of a "transportation services storage yard I vehicle holding lot" on the northern portion of the project 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. ,,"ffi'J,lJJilliJ3,^,.n PL16-01 18 Exhibit 7 - Conditions of APProval

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Page 1: be to...Use Vehicle Type Maximum Daily Truckloads (Round-trips) Maximum Daily Trips Transportation Services Vehicle Holdinq Lot Transport of vehicles to and from the site Large auto

Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 1 of41

EXHIBIT 7 . DRAFT CONDITIONS OF APPROVALFOR

PLANNED DEVELOPMENT PERMIT NO. PLl6.0118

PETROCHEM CONTRACTOR SERVICE AND STORAGE YARD ANDTRANSPORTATION SERVICES YARD

Assessor's Parcel Numbers (APNs): 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, 063-0-050-1 15, 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 20-01 5, 063-0-1 20-165, 063-0-1 20-215

This permit authorizes fhe operation of a Contractor Seruice and Storage Yard and aTransportation Seruices Yard on the subject property subject to the limitations imposedby the fottowing conditions of approval. Any changes in the character, intensity, locationor timing of the activities authorized herein must be first approved by the County ofVentura Ptanning Division. A Zoning Clearance, Permit Adiustment or a PermitModification may be required to authorize any proposed changes. Additionalenvironmental review pursuant to CEQA may also be required. Any proiect change madewithout County authorization may constitute a violation of this permit and applicable law.

L Project Description

This Planned Development Permit (PD) is based on and limited to compliance with theproject description stated in this condition below, Exhibit 3 (Site Plan) of the Planning

Director hearing on September 19, 2019, and conditions of approval set forth below.

Together, these conditions and documents describe the "Project." Any deviations from

the Project must first be reviewed and approved by the County in order to determine if the

Project deyiations conform to the Project as approved. Project deviations may require

Planning Director approval for changes to the permit or further California EnvironmentalQuality Act (CEQA) environmental review, or both. Any Project deviation that isimplemented without requisite County review and approval(s) may constitute a violationof the conditions of this permit and applicable law.

The Project description is as follows:

This permit authorizes the operation and maintenance of a "transportation servicesstorage yard I vehicle holding lot" on the northern portion of the project site and theoperation and maintenance of a contractor service and storage yard on the southernportion of the project site. The project components are described in detail below.

,,"ffi'J,lJJilliJ3,^,.nPL16-01 18

Exhibit 7 - Conditions of APProval

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Pfanning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 2 ol 41

Transportation Services Storaqe Yard / Vehicle Holdinq Lot

The operation and maintenance of a transportation services storage ya'd lvehicle holding

lot is authorized to occur on approximately 20.9-acre area of the project site. Thetransportation services storage yard lvehicle holding lot is ned to provide for short-

term storage of passenger vehicles for future sale prior ry to various auto

dealerships in Ventura County. The vehicles will be store the holding lot betweento leaving the site, mostremoving transportation

fourteen and ninety days depending on market conditioveh cles will be prepared to be delivered to the deal bypackaging, minimal rinsing within a designated vehicle rinse area to removeadding floor mats and offthe-shelf parts. The thpe (3) existing buildings (Build

and C) on this portion of the project site.pfe authorized to be used foradministration and tenant uses associatef'with the subject vehicle holdingcontractor service and storage yard. The transportationrservices storage yard

holding lot is not open to the public. ./'

dusVdirt,ing A, B,storage,lot and

/ vehicle

eY

The operation and maintenance of a contractor service and storage yard is authorized tooccur on an approximately 6.8-acre area of the project site, There are two (2) existing

buildings (Buildings D.and E)equipment

^^in1sn:Vfi@, ad m

Tenants will include general

on the site that will be rehabilitated and used for storage,inistration and tenant use.

oil field support operations, and the fishingindustry. All of these uses customary and incidental to a contractor service and

the contractor service and storage yard will lease spacestorage yard. Potential offor the gtorageequiffient. Ve

of equipment, roll off bins, building materials, pipe, and commercial fishinghicle parking will be available on the project site for trucking companies

and. municipalities.authorized by the req

Existing Buildinq Use

Parking, operation, or maintenance of food trucks would not be

uested permit.

There are five existing buildingsr that will be utilized as part of the authorized 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 contractor service and storage yard and thetransportation services storage yard lvehicle holding lot uses. The size and current use

of the existing buildings are listed in the table below.

1 Building D is considered County landmark eligible and California Register eligible as an historic structure

by the Ventura County Cultural Heritage Board. The County Building and Safety Department has

acknowledged that the current State of California Historical Building Code and rehabilitation treatmentprovided in the Standards for Rehabilitation can be applied for the refurbishment of this building.

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Conditions of Approval for Planned Development Permit No. PL16-0118Pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Pfanning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 3 of 41

Existing StructuresBuilding

No.Building Type Building Footprint

(Square Feet)Approximate

Year BuiltA Warehouse 14,267 1 950

B Warehouse 3,788 1 950

c Office 1,478 1 950

D Office 5,700 1 950

E Warehouse 12,498 NA

These buildings are not authorized to be rented, leased or otherwise used for any purpose

that is not accessory to the onsite uses authorized under the requested permit.

Hours of Operation:

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

utilized onsite.

Hours of OperationUse Day of the Week Hours of Operation

Contractor Storage Yard 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

Traffic V_olume Limitations:

The authorized limits on vehicle traffic volume associated with the proposed project are

described in the following table.

Traffic Volume

Use VehicleType

MaximumDaily

Truckloads(Round-trips)

MaximumDaily Trips

Transportation Services Vehicle Holdinq LotTransport of vehicles to and from the site Large auto

transportertruck

20 loads 40(Peak hours)

Employee trips PersonalVehicle

2 loads 4

Contractor Service and Storage Yard

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Conditions of Approvalfor Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 4 of 41

Traffic Volume

Use VehicleType

MaximumDaily

Truckloads(Round-trips)

MaximumDaily Trips

Storage Yard Tenants Variouscontractorvehicles

30 loads (Peakhours)

60

General Facility Manager Light dutytruck

1 load 2

TotalMaximum Daily 106

Liohtino and Site Securitv:

Security lighting will be installed as necessary. Lighting fixtures will be shielded and

directed downward such that direct illumination will be limited to the project site. Twenty-four-hour security will be provided by locked gates, fencing and securi$ lighting. An

onsite Manager will also provide security during daytime operations.

Landscape Screeninq:

No trees are authorized to be removed as part of the project. ln addition, the Permittee

will be required to prepare and implement a County-approved Landscaping Plan thatscreens the facility from public viewpoints. (Refer to the condition of approval on

landscape screening, Condition of Approval No. 20)

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 API

Separator were demolished in 2017. Due to these recent demolition activities, small

concrete stockpiles remain in locations throughout the project site. The use of a mobile

crusher to process the remaining concrete debris into useable road base is hereby

authorized. This material will be used on the project site. Minor ground disturbance will

occur as a result of this activity.

Gradinq and Drainaqe

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 are

scheduled for demolition and removal under separate permit. The 0.S-acre site of these

tanks is not a part of the permit area. This 10.7-acre area will not be altered, improved,

or used as part of the operation of either the Transportation Services Yard or theContractor Service and Storage Yard.

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Pfanning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 5 of 41

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 and

limit dust generation.

Water and Sewage 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 the

floodplain of the Ventura River. ln order to prevent the vehicles temporarily stored in this

area 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 the westernboundary of the facility as indicated on the approved site plan.

The grading, development, use, and maintenance of the property, the size, shape,

arrangement, and location of structures, parking areas and landscape areas, and theprotection and preservation of resources shall conform to the project description above,

the remaining conditions of approval below, and the approved site plan for the project.

2. Site Maintenance

purpose: ln order to avoid the creation of hazardous or unsightly conditions, the project

site shall be maintained in a neat and orderly condition.

Requirement: The Permittee shall maintain the Project site in a neat and orderly manner,

and in conformance with the Prolect description set forth in Condition No. 1 and the

approved site plan. Only vehicles, equipment and materials determined by the Planning

Diiector to be consistent with the terms and conditions of approval of this permit shall be

stored on the Project site.

Documentation: No documentation by the Permittee is required. Complianceinspections by County staff will identify any issues.

Timing: The Permittee shall maintain the Project site in a neat and orderly manner and

in compliance with Condition No. 1 throughout the life of the Project.

Monitoring and Reporting: The County Building lnspector, Public Works Agency

Grading lnspector, Fire Marshall, and Planning Division staff have the authority to conduct

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCplanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 6 of 41

periodic site inspections to ensure ongoing compliance with this condition pursuant to S

8114-3 of the Ventura County Non-Coastal Zoning Ordinance'

3. Planned Develooment rmit (PD) Modification

Prior to undertaking any operational or construction-related activity which is not expresslydescribed in these conditions, the Permittee shall first contacj.the Planning Director todetermine if the proposed activity requires a modification of thi6 PD. The Planning Directormay, at the Planning Director's sole discretion, require the Permittee to file a written

"nd/or mapped deslription of the proposed activity.in order to determine if a PD

modification is required. lf a PD modification is requireil, the modification shall be subjectto:

a. The modification approval standards of the Ventura County Ordinance Code ineffect at the time the modification application is acted on by the Planning Director;

and,

b. Environmental review, as required pursuant to the California Environmental

Quality Act (CEQA; California Public Resources Code, SS 21000-21 178) and the

State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, SS

15000-15387), as amended from time to time.

4. Construction Activities

Prior to any construction, including modifications of the existing onsite buildingsauthorized by this permit, tfe Permiftee shall obtain aZoning Clearance for constructionfrom the planning Division, and a Building Permit from the Building and Safety Division.

Prior t9 any grading, the Permittee shall obtain a Grading Permit, or a determination that

such a permit is not required, from the Public Works Agency.

Prior to initiating construction activities, exclusionary fencing shall be erected, such as

sediment fencing, to prevent the migration into or the return of covered speciesz into the

current work site. The fencing shall be secured into the ground to prevent covered speciesfrom migrating undertle fencing.

5. Acceptance of Conditions and Schedule of Enforcement Responses

The Permittee's acceptance of this PD and/or commencement of construction and/oroperations under this PD shall constitute the Permittee's formal agreement to comply with

ail conditions of this PD. Failure to abide by and comply with any condition of this PD

shall constitute grounds for enforcement action provided in the Ventura County Non-

2 Critically endangered, endangered or vulnerable species

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Conditions of Approvalfor Planned Development Permit No' PL16-0'118

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPageT of 41

Coastal Zoning Ordinance (Article 14), which shall include, but is not limited to, the

following:

a. Public reporting of violations to the Planning Commission and/or Board ofSupervisors;

b. Suspension of the permitted land uses (Condition No. 1);

c. Modification of the PD conditions listed herein;d. Recordation of a "Notice of Noncompliance" on the deed to the subject property;

e. The imposition of civil administrative penalties; and/orf. Revocation of this PD.

The Permittee is responsible for being aware of, and being in compliance with, theconditions of approval of this PD and all applicable federal, state, and local laws and

regulations.

6. Time Limits

a. Use inauguration:

(1) This PD becomes effective upon the expiration of the 10-day appeal period

following the date on which the Planning Director granted this entitlement, orwhen any appeals of the decision are finally resolved. Once the PD is in effect,

the Permittee must obtain a Zoning Clearance for Use lnauguration in order to

initiate the authorized land uses described in Condition No. 1. Separate and

subsequent zoning clearances are required to authorize modifications of the

existing buildings on the project site.

(2) This PD shall expire and become null and void if the Permittee fails to obtain aZoning Clearance for Use lnauguration within one year of the date the PD

becomes effective. The Planning Director may extend the deadline to obtain

the Zoning Clearance for Use lnauguration by one year if the Permittee can

demonstrate to the satisfaction of the Planning Director that the Permittee has

made a diligent effort to implement the Project, and the Permittee has

requested the time extension in writing at least 10 days prior to the initial one-year expiration date.

(3) Prior to the issuance of the Zoning Clearance for Use lnauguration, all fees and

charges billed to that date by any County agency, as well as any fines,penalties, and sureties, must be paid in full. After issuance of the ZoningClearance for Use lnauguration, any final billed processing fees must be paid

within 30 days of the billing date or the County may revoke this PD.

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7

Conditions of Approval for Planned Development Permit No' PL16-0118pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCpfanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 8 of 41

Documentation Verifvino Compliance with Other Aqencies' Requirements Related

to this PD

Purpose: To ensure compliance with, and notification of, federal, state, and/or local

government regulatory agencies that have requirements that pertain to the Project(Condition No. 1, above) that is the subject of this PD.

Requirement: Upon the request of the Planning Director, the Permittee shall provide the

Planning Division with documentation (e.g., copies of permits or agreements from other

agenciea, which are required pursuant to a condition of this PD) to verify that thepermittee has obtained or satisfied all applicable federal, state, and local entitlementsand conditions that pertain to the Project.

Documentation: The Permittee shall provide this documentation to Planning Division

staff in the form that is acceptable to the agency issuing the entitlement or clearance, to

be included in the Planning Division Project file.

Timing: The documentation shall be submitted to the Planning Division prior to the

issuanie of the Zoning Clearance for Use lnauguration or as required by the respectiveagency.

Monitoring and Reporting: The Planning Division maintains the documentationprovided by the Permittee in the respective Project file. ln the event that the federal, state,

or local government regulatory agency prepares new documentation due to changes in

the Project or the other agency's requirements, the Permittee shall submit the new

documentation within 30 days of receipt of the documentation from the other agency.

8. Notice of PD Requirements and Retention of PD Conditions On-Site

purpose: To ensure full notice of these PD conditions of approval that limit the use of the

subject property.

Requirement: Unless othenrvise required by the Planning Director, the Permittee shall

notiiy, in writing, the Property Owner(s) of record, contractors, and all other parties and

vendors who regularly Conduct activities associated with the Project, of the pertinent

conditions of this PD.

Documentation: The Permittee shall maintain a current set of the PD conditions ofapproval and approved site plan(s) at the project site.

Timing: Prior to issuance of a Zoning Clearance for Use lnauguration and throughout the

life of the Project.

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Conditions of Approval for Planned Development Permit No. PL16-0118Pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCplanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 9 of 41

Monitoring and Reporting: The Planning Division has the authority to conduct periodic

site inspections to ensure ongoing compliance with this condition consistent with the

requirements of g 8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

9. Recorded Notice of Land Use Entitlement

Purpose: The Permittee shall record a "Notice of Land Use Entitlement" form and the

conditions of approval of this PD with the deed for the subject property that notifies the

current and future Property Owner(s) of the conditions of approval of this PD that limitland uses on the propertY.

Requirement: The Permittee shall sign, have notarized, and record with the Office of the

County Recorder, a "Notice of Land Use Entitlement" form furnished by the Planning

Division and the conditions of this PD, with the deed of the property that is subject to thisPD.

Documentation: The Permittee shall submit to the .Planning Division for review and

approval a copy of the recorded "Notice of Land Use Entitlement" form and conditions ofthis PD.

Timing: The Permittee shall obtain the approval of the recorded the "Notice of Land use

Entitlement" form and PD conditions of approval from the Planning Division prior to the

issuance of the Zoning Clearance for Use lnauguration.

Monitoring and fl,eporting: A copy of the recorded "Notice of Land Use Entitlement"

form and conditiohs of this PD Will be maintained in the Project file.

10. Financial Responsibilitv for Compliance Monitorinq and Enforcement

a, Cost Responsibilities: The Permittee shall bear the full costs of all County stafftime, materials, and County-retained consultants associated with conditioncompliance review and monitoring, CEQA mitigation monitoring, other permit

monitoring programs, and enforcement activities, actions, and processes

conducted pursuant to the Ventura County Non-Coastal Zoning Ordinance ($

8114-3) related to this PD. Such condition compliance review, monitoring and

enforcement activities may include (but are not limited to): periodic site inspections;preparation, review, and approval of studies and reports; review of permit

conditions and related records; enforcement hearings and processes; drafting and

implementing compliance agreements; and attending to the modification,suspension, or revocation of permits. Costs will be billed at the rates set forth inthe Planning Division or other applicable County Fee Schedule, and at the contractrates of County-retained consultants, in effect at the time the costs are incurred.

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCPlanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 10 of 41

b. Establishment of Revolvinq Compliance Account: Within 10 calendar daysfollowing the effective date of this Planned Development Permit (PD), thePermittee shall submit the following deposit and reimbursement agreement to thePlanning Director:

(1)A payment of $500.00 for deposit into a revolving condition compliance andenforcement account to be used by the Planning Division to cover costsassociated with condition compliance review, monitoring, and enforcementactivities described in 10.a (above), and any duly-imposed civil administrativepenalties regarding this. The Permittee shall replenish such account to theabove-stated amount within 10 calendar days after receiving notice of therequirement to do so from the Resource Management Agency.

(2) An executed reimbursement agreement, in a form provided by the PlanningDivision, obligating the Permittee to pay all condition compliance review,monitoring, and enforcement costs, and any civil administrative penalties,subject to the Permittee's right to challenge all such charges and penalties priorto payment.

c. Billinq Process: The Permittee shall pay all Planning Division invoices within 30days of receipt thereof. Failure to timely pay an invoice shall subject the Permitteeto late fees and charges set forth in the Planning Division Fee Schedule, and shallbe grounds for suspension, modification, or revocation of this PD. The Permitteeshall have the fight to challenge any charge or penalty prior to payment.

11

../

Defense and lndemnification

a. The Permittee shall defend, at the Permittee's sole expense with legal counselacceptable to the County, against any and all claims, actions, or proceedingsagainst the County, any other public agency with a governing body consisting ofthe members of the County Board of Supervisors, or any of their respective boardmembers, officials, employees and agents (collectively, "lndemnified Parties")' arising out of or in any way related to the County's issuance, administration, orenforcement of this Planned Development Permit (PD). The County shall promptlynotify the Permittee of any such claim, action or proceeding and shall cooperatefully in the defense.

b. The Permittee shall also indemnify and hold harmless the lndemnified Parties fromand against any and all losses, damages, awards, fines, expenses, penalties,judgments, settlements, or liabilities of whatever nature, including but not limitedto court costs and attorney fees (collectively, "Liabilities"), arising out of or in anyway related to any claim, action or proceeding subject to subpart (a) above,regardless of how a court apportions any such Liabilities as between the Permittee,the County, and/or third parties.

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage11of41

c. Except with respect to claims, actions, proceedings, and Liabilities resulting froman lndemnified Party's sole active negligence or intentional misconduct, thePermittee shall also indemnify, defend (at Permittee's sole expense with legalcounsel acceptable to County), and hold harmless the lndemnified Parties fromand against any and all claims, actions, proceedings, and Liabilities arising out of,

or in any way related to, the construction, maintenance, land use, or operationsconducted pursuant to this PD, regardless of how a court apportions any suchLiabilities as between the Permittee, the County, and/or third parties. The Countyshall promptly notify the Permittee of any such claim, action, or proceeding and

shall cooperate fully in the defense.

d. Neither the issuance of this PD, nor compliance with the conditions hereof, shallrelieve the Permittee from any responsibility othenrvise imposed by law for damageto persons or property; nor shall the issuance of this PD serve to impose anyliability upon the lndemnified Parties for injury or damage to persons or property.

12. lnvalidation of Condition(s)

lf any of the conditions or limitations of this PD are held to be invalid in whole or in part

by a court of competent jurisdiction, that holding shall not invalidate any of the remainingPD conditions or limitations. ln the event that any condition imposing a fee, exaction,dedication, or other mitigation measure is challenged by the Permittee in an action filedin a court of competent jurisdiction, or threatened to be filed therein, the Permittee shallbe required to fullycomply with this PD, including without limitation, by remitting the fee,exaction, dedication, and/or by othenrvise performing all mitigation measures beingchallenged. This PD shall continue in full force unless, until, and only to the extentinvalidated by a final, binding judgment issued in such action.

lf a court of competent iurisdiction invalidates any condition in whole or in part, and theinvalidation would change whether or not the required findings can be made or theetfectivehess of mitigation measures associated with the granting of this PD, at thediscretion of the Planning Director, the Planning Director may review the project and

impose substitute feasible conditions or 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 PD may be revoked.

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Conditions of Approval for Planned Development Permit No. PL16-0118Pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 12 of 41

13. Consultant Review of lnformation and Consultant Work

The County and all other County permitting agencies for the Project have the option ofreferring any and all special studies that these conditions require to an independent and

qualified consultant for review and evaluation of issues beyond the expertise or resourcesof County staff.

Prior to the County engaging any independent consultants or contractors pursuant to the

conditions of this PD, the County shall confer in writing with the Permittee regarding thenecessary work to be contracted, as well as the estimated costs of such work. Wheneverfeasible, the County will use the lowest responsible bidder or proposer. Any decisionsmade by County staff in reliance on consultant or contractor work may be appealedpursuant to the appeal procedures contained in the Ventura County Zoning OrdinanceCode then in effect.

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 reviewed and

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 the

County 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 PD Conditions. Laws. and Other Entitlements

The Permittee shall implement the Project in compliance with all applicable requirementsand enactments of federal, state, and local authorities. ln the event of conflict between

various requirements, the more restrictive requirements shall apply. ln the event the

Planning Director determines that any PD condition contained herein is in conflict with

another PD condition contained herein, when principles of law do not provide to the

contrary, the PD condition most protective of public health and safety and environmentalresources shall prevail to the extent feasible.

No condition of this PD for uses allowed by the Ventura County Ordinance Code shall be

interpreted as permitting'or requiring any violation of law, lawful rules, or regulations, ororders of an authorized governmental agency. Neither the approval of this PD, nor

compliance with the conditions of this PD, shall relieve the Permittee from anyresponsibility othenrvise imposed by law for damage to persons or property.

The Permittee shall obtain a business tax certificate for the operation of the

Transportation Services Yard and Contractor Service and Storage Yard authorized by

this permit.

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15. Contact Person

Purpose: To designate a person responsible for responding to complaints.

Requirement: The Permittee shall designate a contact person(s) to respond to

complaints from citizens and the County which are related to the permitted uses of thisPD. The designated contact person shall be available, via telecommunication, 24 hours

a day.

Documentation: The Permittee shall provide the Planning Director with the contactinformation (e.g., 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, and

communications regarding matters of condition and code compliance at the Project site.

Timing: Prior to the issuance of a Zoning Clearance for Use lnauguration, the Permittee

shall piovide the Planning Division the contact information of the Permittee's field agent(s)

for the Project file. lf the address or phone number of the Permittee's field agent(s) should

change, or the responsibility is assigned to another person, the Permittee shall provide

Planning Division staff with the new information in writing within three calendar days ofthe change in the Permittee's field agent.

Monitoring and Reporting: The Planning Division maintains the contact informationprovided by the Permittee in the Project file. The Planning Division has the authority toperiodically confirm the contact information consistent with the requirements of $ 8114-3of the Ventura Co-gn$ Non-Coastal Zoning Ordinance.

16. Resolution of Complaints

The following process shall be used to resolve complaints related to the Project:

a. The Permittee shall post the telephone number for the designated Contact Person

as identified pursuant to Condition No. 15 in a visible location on the site. TheContact Person shall be available via telephone on a24-hour basis. Persons with

concerns about a use as it is occurring may directly contact the Contact Person;

b. lf County staff receives a written complaint about the Project, Planning Division

staff may contact the Permittee's Contact Person or the Permittee to requestinformation regarding the alleged violation; and,

c. lf, following a complaint investigation by County staff, a violation of the VenturaCounty Code or a condition of this PD is confirmed, County staff may initiate

enforcement actions pursuant to $ 81 14-3 of the Non-Coastal Zoning Ordinance.

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17. Reportinq of Maior lncidents

Purpose: To ensure that the Planning Director is notified of major incidents associated

with, or resulting from, the Project.

Requirement: The Permittee shall immediately notify the Planning Director by telephone,

emril, FAX, and/or voicemail of any incidents (e.9., fires, floods, explosions, spills), thatcould pose a hazard to life or property inside or outside the Project Site.

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 the

facts of the incident; the corrective measures used, if any; and the steps taken to prevent

a recurrence of the incident.

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

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

18. Change of Permittee

Purpose: To ensure that the Planning Division is properly and promptly notified of anychange of Permittee.

Requirement: Ihe Permittee shallfile, as an initial notice with the Planning Director, thenew name(s), address(es), telephone/FAX number(s), and email addresses of the newowner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s). ThePermittee 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 Permittee's contactinformation. The final notice of transfer must include the effective date and time of thetransfer and a letter signed by the new Property Owner(s), lessee(s), or operator(s) of thepermitted uses acknowledging and agreeing to comply with all conditions of this PD.

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 information

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consistent with the requirements of $ 8114-3 of the Ventura County Non-Coastal Zoning

Ordinance.

19. Siqn Plan

Purpose: To ensure signage on the property is designed in conformance with Chapter 1,

Article 10 of the Ventura County Non-Coastal Ordinance.

Requirement: The sign plan shall include the proposed size, colors, materials, and

lighting details. The Permittee shall bear the total cost of such review and approval. ThePermittee also shall be responsible for obtaining a Zoning Clearance for any new orreplacement sign to ensure that the signage for the Project continues to comply with theapproved sign plan.

Documentation: The Permittee shall submit two copies of the proposed sign plan to thePlanning Division for review and approval.

Timing: The Permittee shall obtain approval of the sign plan from the Planning Divisionprior to the issuance of a Zoning Clearance for Use lnauguration.

Monitoring and Reporting: The Planning Division maintains a stamped copy of the

approved sign plan in the Project file. The Planning Division has the authority to conductperiodic site inspections to ensure ongoing compliance with this condition consistent withthe requirements of g 8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

20//'

MM SR-1: Lhndscaping and Screeninq

Purposel ln order to screen the authorized facility from public views in conformance withCounty landscape requirements.

Requirement: The Permittee shall retain a landscape architect to prepare and submit tothe County a landscape plan in conformance with the requirements of this condition and

the "Ventura County Landscape Design Criteria (1992)'. Once the plan is approved, thePermittee is required to install and maintain the landscape plantings.

Landscapinq Objectives: The Permittee must install and maintain landscaping thataccomplishes the following to the extent feasible:

. Screens undesirable views, incompatible land uses or uses in natural settings. ThePermittee must install landscaping and screening to screen existing buildings "D"

and "E" of the proposed project from public views (i.e. Crooked Palm Road and

sR-33).

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Ensures compatibility with community character. The Permittee must installlandscaping that visually integrates the development with the character of thesurrounding community. Native non-invasive trees and low-lying vegetation similarto the existing trees and vegetation along Crooked Palm Road must be planted

and maintain adjacent to buildings "D" and "E".

lnstalls landscaping that complies with the requirements of the CaliforniaDepartment of Water Resources' Model Water Efficient Landscape Ordinance

I

(MWELO), which is available onlinehttp ://rrwvw.water. ca. gov/wateruseefficiency/landscapeordinance/.

at:

Desiqn Requirements. The proposed plan shall be designed to minimize waterconsumption, in accordance with the water efficiency requirements of the LandscapeDesign Criteria and the California Department of Water Resources ModelWater EfficientLandscape Ordinance. The Plan must achieve the following design objectives:

a. Use Available Non-potable Sources of Water. The landscaping must involve theharvesting and/or use of alternative, non-potable sources of water, includingstormwater, reclaimed water, and gray water, if available to the Project site.

b. Protection of Existino Veqetatio!. Existing vegetation, especially trees, must be

saved and integrated into landscape design wherever feasible, appropriate, orrequired by other regulations (e.9., the Tree Protection Ordinance).

c. Create Viable Growinq Environment. The landscape design must address theneeds of the plants to ensure their health, long-term viability, and protection.

e. Species Diversitv. The landscape plan must integrate a variety of plant species,heights, colors, and textures, as appropriate given the size of the landscape.

f. Fire Resistance. Plant material installed in the fuel modification zone must be fireresistant.

g. Use Ndtive or Non-lnvasive Plant Species. Landscaping must utilize plants thatare native to the Ventura River watershed, to the maximum extent feasible.

d Use N or Non-lnvasive Pl Snecies lnstallation of a minimum of 15

California sycamore trees along the western perimeter of the project site, inconformance with the approved site plan.

Documentation: The Permittee shall submit three sets of a draft landscape plan to thePlanning Division for review and approval. A California registered landscape architect (or

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other qualified individual as approved by the Planning Director) shall prepare the

landscape plan, demonstrating compliance with the requirements set forth in thiscondition (above), S 8109-0.6 (Landscaping) of the Non-Coastal Zoning Ordinance, and

the Ventura County Landscape Design Criteria. The landscape architect responsible forthe work shall stamp the plan. After landscape installation, the Permittee shall submit toPlanning Division staff a statement from the project landscape architect that the Permittee

installed all landscaping as shown on the approved landscape plan. Prior to installation

of the landscaping, the Permittee must obtain the Planning Director's approval of any

changes to the landscape plans that affect the character or quantity of the plant material

or irrigation system design.

Timing: The Permittee shall submit the landscape plan to the Planning Division forreview and approval prior to issuance of a Zoning Clearance for Use lnauguration.Landscaping installation and maintenance activities shall occur according to the timing

requirements set forth in the "Ventura Coun'ty Landscape Design Criteria" (S F) A site

visit ny Planning Division staff to ensure that the landscape screening was installed in

compliance with the approved landscape screening plan will be required prior to theissuance of the Zone Clearance for Use lnauguration (.i.e. refurbishment of existing

buildings "D" and "E").

Monitoring and Reporting: Landscaping approval/installation verification, monitoring

activities, and enforcement activities shall occur according to the procedures set forth in

the "Ventura County Landscape Design Criteria" (SS F and G) and [$ 8114-3 of the Non-

Coastal Zoning Ordinance. The Planning Division maintains the landscape plans and

statement by the landscape architect in the Project file. Planning staff have the authorityto conduct site inspections te. ensure that the Permittee installs and maintains the

landscaping in accordance with the approved plan consistent with the requirements of [$8114-3 of the Non-Coastal Zoning Ordinance.

21. MM BIO-5: Liohtino Plan

Purpose: ln order to ensure lighting on the subject property is provided in compliancewith g 8106-8.6 of the Ventura County Non-Coastal Zoning Ordinance, the Permittee shallprepare and implement an approved lighting plan.

Requirement: The Permittee shall prepare a lighting plan that meets the followingobjectives:

o avoids interference with reasonable use of adjoining properties;. avoids conflict with landscape features;o minimizes on-site and eliminates off-site glare;o provides adequate on-site lighting for security;r minimizes impacts to wildlife movement;o minimizes energy consumption; and

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The Permittee shall include in the lighting plan a photometric diagram and manufacturer'sspecifications for each exterior light fixture type (e.9., light standards, bollards, and wall

mounted packs) in the lighting plan. An electrical engineer registered by the State ofCalifornia shall prepare the lighting plan. The plan must include illumination information

within parking areas, pathways, access roads, and storage yards included in thedevelopment. ln order to minimize light and glare from the Project, all exterior light fixturesmust be shielded and directed downward, such that direct light does not shine on adjacentproperty. The Permittee shall bear the total cost of the review and approval of the lightingplan. The Permittee shall install all exterior lighting in accordance with the approvedlighting plan.

Documentation: The Permittee shall submit two copies of a lighting plan to the PlanningDivision for review and approval.

Timing: The Permittee shall obtain the Planning Division's approval of the lighting plan

prior to the issuance of a Zoning Clearance for Use lnauguration. The Permittee shall

maintain the lighting as approved in the lighting plan for the life of the Project.

Monitoring and Reporting: The Planning Division maintains a stamped copy of the

approved lighting plan in the Project file. The Permittee shall ensure that the lighting is

installed according to the approved lighting plan prior to occupancy. The Building and

Safety lnspector and Planning Division staff have the authority to ensure that the lightingplan is installed according to the approved lighting plan. Planning Division staff has theauthority to conduct periodic site inspections to ensure ongoing compliance with thiscondition consisfent with the requirements of S 8114-3 of the Non-Coastal Zoning

Ordinance.

22. MM B,fO-1: California Red-Leqqed Froo Mitioation Capture and Relocation Plan

Purpose: To ensure impacts on the California Red-Legged Frog (CRLF) are avoided orminimized during the operation of the proposed contractor service and storage yard and

transportation service and storage yard/vehicle holding lot.

Requiremenfi To meet project objectives, the following specific measures shall be

implemented at the project site:

1. Prior to the start of operations, all persons employed at the facility will be required to

attend an environmental training course taught by a qualified biologist. This trainingprogram will consist of a presentation that includes a discussion of the biology andgeneral behavior of the CRLF's, information about the distribution and habitat needsof the CRLF, sensitivity of the CRLF's to human activities, and legal protections.

Employees will also be trained on how to recognize CRLF, their habitats, andpotential attractors that could occur at the pro.lect site.

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2. lf any clearing, grubbing, and/or grading activities are proposed at the project site as

a part of operational activities, a qualified biologist shall be onsite daily during these

activities to ensure CRLF are not impacted. The biologist shall conduct a survey ofthe areas proposed for clearing, and if any CRLF'S are observed, "No Entry" zones

will be established. lf CRLFs are observed, the biologist will work with USFWS to

develop a plan that best avoids adverse effects.

3. lf employees observe any suspected CRLF, they shall immediately cease all onsite

operations in that area and contact a qualified biologistwith a valid scientific collectingpermit. lf the qualified biologist confirms the observdd species is a CRLF, the qualified

biologist shall relocate the CRLF found within the project site boundary to suitable

habitat no more than 300-feet outside of the project area.

The qualified biologist shall inspect allopen holes, sumps, and trenches within the

Project area at the beginning, middle, and end of each day for trapped animals. Toprevent inadvertent entrapment of California red-legged frogs, steep-walled holes

or trenches more than two feet deep, or of any depth if they contain water or othermaterial, with plywood or other barrier materials at the close of each working daysuch that animals are unable to enter and become entrapped. Before holes ortrenches are filled, the qualified biologist shall thoroughly inspect them for trapped

animals.

4. Following any rain storm event of 0.25 inches or greater, a trained onsite employee

shall complete the following tasks:

a. Conduct a full site survey to inspect for CRLF and/or areas of pooled orponded water. Based on guidance from a qualified biologisUtraining courses,

trained employees shallfocus on areas potentially conducive to CRLF.

b. lf a large quantity of standing water is observed onsite following a storm forlonger than 48-hours, onsite employees shall inspect the area to ensure CRLFare not present. lf no species are observed, the standing.water shall be

absorbed/covered with mulch or gravel to prevent attraction of CRLF.

Documentation: The Permittee shall develop a brief memo stating the results of pre-

activity CRLF surveys that includes: area surveyed, amount of rainfall at the nearestgauge station within the last 48 hours, photos of site, surveyor name, and any wildlifefbund. This memo shall be e-mailed to the Planning Division Staff Biologist and Case

Planner for review within 3 days of survey completion.

Timing: Surveys should be completed prior to commencement of operation each day thatthe amount of rainfall in the previous 48 hours has exceeded 0.25 inches. This memo

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shall be e-mailed to the Staff Biologist and Case Planner for review within 3 days of survey

completion.

Monitoring and Reporting: The Permittee shall survey and monitor the site prior tocommencement of operation each day that the amount of rainfall in the previous 48 hours

has exceeded 0.25 inches. After completion of surveys, the Permittee shall develop a

brief memo stating the results of pre-activity CRLF surveys that includes: area surveyed,

amount of rainfall at the nearest gauge station within the last 48 hours, photos of site,

surveyor name, and any wildlife found. This memo shall be e-mailed to the Staff Biologist

and Case Planner for review within 3 days of survey completion'

23. MM BIO-2: Avoidance of Nestins Birds

Purpose: ln order to prevent impacts on nesting birds protected under the Migratory Bird

Treaty Act and Californian Department of Fish and Game Code (Sections 3503, 3503.5,

3511, 3513 and 3800), land clearing activities shall be regulated.

Requirement: The Permittee shall conduct all demolition, tree removal/trimming,vegetation clearing, and grading activities (ollectively, "land clearing activities") in such away as to avoid nesting native birds. This can be accomplished by implementing one ofthe following options:

1. Timing of construction: Prohibit land clearing activities during the breeding and

nesting season (February 1 -August 31), in which case the following surveysare not rgquired; or

2. Surveys and avoidance of occupied nests: Conduct site-specific surveys prior

to land clearing activities during the breeding and nesting season (February 1 -August 31) and avoid occupied bird nests. Surveys shall be conducted toidentify any occupied (active) bird nests in the area proposed for disturbance.Occupied nests shall be avoided untiljuvenile birds have vacated the nest.

An initial breeding and nesting bird survey shall be conducted 30 days prior to the initiation

of land clearing activities. The project site must continue to be surveyed on a weekly basis

with the last survey completed no more than 3 days prior to the initiation of land clearing

activities. The nesting bird survey must cover the development footprint and 300 feet from

the development footprint. lf occupied (active) nests are found, land clearing activitieswithin a setback area surrounding the nest shall be postponed or halted. Land clearing

activities may commence in the setback area when the nest is vacated (juveniles have

fledged) provided there is no evidence of a second attempt at nesting, as determined by

the County-approved biologist. Land clearing activities can also occur outside of the

setback areas. The required setback is 300 feet for most birds and 500 feet for raptors,

as recommended by the CDFW. This setback can be increased or decreased based on

the recommendation of the County-approved biologist in consultation and approval from

the Planning Division.

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Documentation: The Permittee shall provide the Planning Division a Survey Report from

a County-approved biologist documenting the results of the initial nesting bird survey and

a plan for continued surveys and avoidance of nests in accordance with the requirementsabove. Along with the Survey Report, the Permittee shall provide a copy of a signed

contract (financial information redacted)with a County-approved biologist responsible for

the surveys, monitoring of any occupied nests discovered, and establishment of

mandatory setback areas. The Permittee shall submit to the Planning Division a

Mitigation Monitoring Report from a County-approved biologist following land clearing

activities documenting actions taken to avoid nesting birds and results.

Timing: lf land clearing activities occur between February 1 and August 31, nesting bird

surveys shall be conducted 30 days prior to initiation of land clearing activities, and weekly

thereifter, and the last survey for nesting birds shall be conducted no more than 3 daysprior to initiation of land clearing activities. The Survey Report, documenting the results

of the first nesting bird survey and the signed contract, shall be provided to the Planning

Division prior to issuance of a zoning clearance Use lnauguration The Mitigation

Monitoring Report shall be submitted within 14 days of completion of the land clearing

activities.

Monitoring and Reporting: The Planning Division shall review the Survey Report and

signed contract for adequacy prior to issuance of a Zoning Clearance for Use

lnauguration. The Planning Division shall maintain copies of the signed contract, SurveyReport, and Mitigation Monitoring Report in the project file.

24. BIO MM-3: Minimizinq Concrete Crushing Noise

purpose: To prevent impacts on nesting least Bell's vireo (LBVI) and southwestern willow

flycitcher (SWIFL), protected under the ESA and other native birds protected under the

Migratory Bird Treaty Act and Californian Department of Fish and Game Code (Sections

35b3, 3503.5, 3511, 3513 and 3800), concrete crushing activities shall be regulated.

Requirement: The Permittee shall conduct all concrete crushing activities in such a way

as tb avoid noise levels exceeding 60 L"q dBA at the edge of riparian habitat. This can be

accomplished by implementing one of the following options:

1. Conducting crushing activities outside the nesting season (January 1 - September15): lf concrete activities occur outside of nesting season, a Zoning Clearance may

be obtained with no further mitigation;

2. Conducting crushing activities at an appropriate distance that will attenuate sound

to a less than significant level: Concrete crushing activities shall occur at a distance630 feet or more from the edge of riparian habitat (Attachment 5). This distanceshould attenuate noise levels such that they do not exceed the 60 Leq dBA thresholdat the edge of riparian habitat; or

3. Conducting crushing activities with the use of a portable sound barrier: Concretecrushing attivities shall occur a minimum distance of 200 feet from the edge of

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riparian habitat (Attachment 5). ln addition, a portable sound barrier that meets therequirements set forth below shall be used reduce noise levels. The sound barriershall meet the following requirements:

The sound barrier shall be at least as tall as the concrete crusher.Portions of the concrete crusher that do not generate noise do not needto meet this requirement;

The sound barrier must be long enough to break line of site between thecrusher and the closest areas of the riparian habitat. (Note: the closer thesound wall can be positioned to the crusher, the smaller it needs to be);

The sound barrier is in the form of a hanging curtain, blanket, or a bottomsupported wall specifically designed for noise control; or

The barrier may also be constructed of concrete or cinder blocks

lf nesting bird surveys result in detection of nesting LBVI within 500 feet of constructionactivities, one or a combination of the following measures will be required to reduce noiselevels at the nest to less than 60 dBA: install a sound wall to protect active nest(s); provide

a 1,000 foot buffer; and/or delay construction until bird nesting is complete. The Permitteeand County will consult with CDFW and USFWS to determine what combination of thesemeasures will result in noise levels of less than 60 L"q dBA.

Documentation: The Permittee shall provide to the Planning Division a Survey Reportfrom a County-approved biologist documenting the results of the initial LBVI survey anda plan for continued surveys and avoidance of nests in accordance with the requirementsabove. Along with the Survey Report, the Permittee shall provide a copy of a signedcontract (financial information redacted) with a County-approved biologist responsible forthe surveys, monitoring of any occupied nests discovered, and establishment ofmandatory setback areas. The Permittee shall submit to the Planning Division a

Mitigation Monitoring Report from a County-approved biologist following land clearingactivities documenting actions taken to avoid nesting birds and results.

Timing: lf land clearing activities will occur between April 10 and July 31, nesting birdsurveys shall be conducted 30 days prior to initiation of land clearing activities, and weeklythereafter, and the last survey for nesting birds shall be conducted no more than 72 hoursprior to initiation of land clearing activities. The Survey Report documenting the results ofthe first nesting bird survey and the signed contract shall be provided to the PlanningDivision prior to issuance of a zoning clearance for Use lnauguration. The Mitigation

A.

B

c

D

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Monitoring Report shall be submitted within 14 days of completion of the land clearing

activities.

Monitoring and Reporting: The Planning Division shall review the Survey Report and

signed contract for adequacy prior to issuance of a Zoning Clearance for construction.The Planning Division shall maintain copies of the signed contract, Survey Report, and

Mitigation Monitoring Report in the project file. lf LBVI are observed onsite by thebiological monitor at any time, the Permittee will report observations to the proper

agencies before any onsite work is continued.

25. BIO MM-4: Monitorinq and Timinq of Gradinq Activities

Purpose: ln order to minimize sediment transport into sensitive habitat located along the

Ventura River, grading activities shall be timed to occur within the dry season.

Requirement: Grading activities shall only be conducted during the dry season (April 15

to October 31). The Permittee shall retain the services of a County-approved qualified

biologist to monitor the effects of grading activities on sensitive riparian habitat.

Documentation: The Permittee shall provide the County a signed contract with a County-approved qualified biologist that ensures that the biologist will be present onsite during

the construction phase and have the authority to direct grading activities to ensure that

these activities do not disturb sensitive biological resources. The timing for monitoring

and identification of disturbance areas to be monitored by the County-approved qualified

biologist must be listed in the contract. The biologist shall submit a monitoring report,

including photographs of grading activities (to ensure that grading was completed tominimize sedime6t transport into sensitive habitat), to the Planning Division after the

completion of grading.

Timing: The contract shall be submitted to the County Planning Division for review and

approval prior to the issuance of the Zoning Clearance for Use lnauguration. The Biologistshall provide the required monitoring report within 14 days of the completion of grading

activities.

Monitoring and Reporting: County staff will review the contract and monitoring reportfor adequacy. The Planning Division maintains copies of the signed contract and the

monitoring reports provided by the Permittee in the project file. The Planning Division has

the authority to inspect (he property during the monitoring phase of the project to ensurethat the County-approved qualified biologist is onsite as required'

26 MM N-1: Concrete Cnrshino Activities:

Purpose: ln order to comply with the Ventura County General Plan Goals, Policies andProgramsNoise Policy 2.16.2-1(5) and theCounty of Ventura Construction Noise

Threshold Criteria and Control Plan (Amended 2010).

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage24 of 41

Requirement: The Permittee shall restrict onsite crushing activities to ensure that noise

levels do not exceed County adopted noise limits. A sign shall be installed onsite duringconcrete crushing activities that alerts workers to the crusher equipment setbackschedule indicated in the table below. Crushing activities shall adhere to the followingschedule.

Date of Crushing Activities Location of Grushing Activities OperationAllowed

Before February l"teach year Anvwhere within CUP boundary YesFebruary 1st to September 15th** At least 630 feet from riparian habitat Yes

200 feet to 630 feet from riparian habitat Yes, with asound barrier

Less than 200 feet frorn riparian habitat No

After Seotember 1Sth each vear Anywhere within CUP boundary Yes** Concrete Crushing / Riparian Habitat Noise Assessment, Figure 1 (May 1 0, 201 7) [Attachment 1 1 ]

Documentation: The Permittee shall submit date stamped color photo-documentationthat soundproofing is installed. The documentation shall include the date photographswere taken and the location of soundproofing on the prolect site.

Timing: The Permittee shall install soundproofing prior to the commencement ofconstruction activities and shall maintain soundproofing until the construction activitiesare complete. The Permittee shall provide photo evidence that the sound proofing is inplace prior to the issuance of a Zoning Clearance Use lnauguration.

Monitoring and Reporting: The Planning Division shall maintain in the project file photo

evidence that soundproofing was installed. The Planning Division has the authority toconduct periodic site inspections to ensure ongoing compliance with this conditionpursuant to the requirements of $ 8114-3 of the Ventura County NCZO.

27. HazardousMatgrialsPurpose: To avoid significant impacts to ground water resources that may exist on thesubject property as a result of the removal of the concrete pads on he project site.

Requirement: The Permittee shall retain a State of California registered Geologist tomonitor the removal of the concrete pads within the proposed project site and notify thePlanning Division whether hazardous materials are discovered during concrete removal.The soil shall be tested weekly during concrete removal activities to determine if the soilis contaminated.

Documentation: The State of California registered Geologist monitor shall provide aweekly report to the Planning Division summarizing the activities during the reportingperiod. lf no hazardous materials are discovered, the State of California registeredGeologist monitor shall submit a brief letter to the Planning Division, stating that no

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCplanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 25 of 41

hazardous materials were discovered and that the monitoring activities have been

completed.

Timing: The State of California registered Geologist monitor shall monitor the Project

site duling all concrete pad removal activities and provide the reports weekly during all

subsurface concrete removal activities.

Monitoring and Reporting: The Planning Division reviews the monitoring reports and

maintains ihe monitoring reports in the Project file. The State of California registered

Geologist monitor shall monitor the Project site during all concrete pad removal activities.

The Pianning Division has the authority to conduct site inspections to ensure that the

monitoring activities occur in compliance with this condition, consistent with the

requirements of g 8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

Environmental Health Division Gonditions

28. Hazardous Materials/Waste Manaqement

The storage, handling, and disposal of any potentially hazardous material must be incompliance with applicable state regulations. Areas of proposed project undergoing

remediation activities shall complete these activities to the satisfaction of the USEPA prior

to use.

29. Hazardous MaterialspurposeJo assure protection of groundwater quality and prevent public hazard by

improper disposal of hazardous materials that may exist on the subject property as aresult of the removal of concrete pads.

Requirement: The Per.mittee shall retain a State of California registered Geologist("Monitor) to monitor the removal of the concrete pads within the proposed project site.

The soil shall be tested during concrete removal activities to determine if the soil iscontaminated. lf hazardous materials, as previously documented on the project site, are

discovered during concrete removal, work shall halt in the area of discovery and the

Applicant shall notiff the Planning Division.

Documentation: The Permittee shall provide the following to the Planning Division: (1) a

copy of a signed contract (financial information redacted) with a County-approvedgeologist responsible for monitoring concrete removal, and (2) a schedule of when

concrete removal and crushing will begin and end. The Monitor shall provide the Planning

Division with the following: (1) a weekly report summarizing concrete removal activities,

soil testing, and any remediation activities that were undertaken (if any), and (2) a

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage26 ol 41

Completion Report that summarizes all concrete crushing activities have ceased and thelocation of the final end use of the crushed concrete (i.e. site plan).

Timing: Prior to issuance of a zoning clearance to construct the project, the Permitteeshall provide the signed contract and schedule for concrete removal. Within 7 days ofinitiating concrete removal activities, the Permittee shall provide the first monitoring reportand then weekly until all concrete has been removed.

Monitoring and Reporting: The Planning Division reviews the monitoring reports andmaintains the monitoring reports in the Project file. The Monitor shall be onsite during all

concrete removal activities. The Planning Division has the authority to conduct siteinspections to ensure that the monitoring activities occur in compliance with this condition,consistent with the requirements of $ 8114-3 of the Ventura Coun$ Non-Coastal ZoningOrdinance.

PUBLIC WORKS AGENCY CONDITINS

lntegrated Waste Management Division

30. Traffic lmpact Mitiqation Fee

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

Network, Ventura County General Plan Goals, Policies, and Programs section 4.2.2.6and Ventura County Ordinance Code, section 8601-0, et seq. require that the PWA -Transportation Department (PWATD) collect a Traffic lmpact Mitigation Fee (TIMF).

Requirement: The Permittee shall deposit with the PWATD a TIMF. The trip generationrate and TIMF will be calculated based on the Permittee's information. The Permitteemay choose to submit additional information or provide a Traffic Study to supplement the

information currently provided to establish the trip generation rate. The TIMF may be

adjusted for inflation at the time of deposit in accordance with the latest version of theEngineering News Record Construction Cost lndex. Based on the Permittee'sinformation:

Based on the Permittee's information, the TIMF due to the County would be

$ 5,592.56 = 106 ADT** x $ 52.76*** per ADTNotes

1. **The trip generation is based on the Traffic Study by Associated Transportation Engineers datedDecember 2,2016

2. *** County TIMF for the Average Daily Trip in Ventura District 10

3. The trips generated by the projecUdevelopment shall be used as a baseline level so that the TIMFmay be computed for future increases in the trip generation. Based on the Permittee's Traffic Study,

the baseline level will be 106 average daily trips (ADT).

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage27 ot 41

Documentation: The Permittee shall come to the PWATD counter, fill out the TIMF form,

and pay the TIMF.

Timing: This condition shall be met prior to the issuance of the Building Permit or Zoning

Clearance for Use lnauguration.

Monitoring and Reporting: The PWATD will review and approve the payment of theTIMF.

31. Road lmprovements

Purpose: Road improvements shall be required when the existing road does not meetthe current applicable County Road Standard Plate.

Requirement: Road improvements are required in the urban corridor on Crooked Palm

Road in accordance with the County Road Standards (Plate B-3 [D]), Paveout Policy,

dated January 16, 1968 and Ventura County Ordinance Code, section 8400-1. CrookedPalm Road has an existing road width of 22.5 feet. The minimum required road width is

40 feet per Road Standard Plate B-3 [D].

a. The Permittee shall improve Crooked Palm Road along the project parcel frontageincluding driveway, pavement, curb and gutter, landscaping, and any drainageimprovements as needed in accordance with Road Standard Plate B-3 [D].

i. Constiuct full width of road pavement along the parcel's frontage in

accordance with Road Standard Plate B-3 [D]. The project is adjacent to astate highway and pavement width cannot be provided by the other side of the

road therefore, full width improvement is required.

b. Submit road improvement plans prepared by a Registered Civil Engineer to the

PWATD for review and approval prior to applying for an Encroachment Permit.

c. Enter into an agreement with the County to complete the road improvements.

d. Submit the agreement to the PWATD for review and approval.

e. Post sufficient surety guaranteeing the construction of the road improvements.Submit proof to the PWATD that the surety has been posted.

Documentation: Submit road improvement plans, an agreement, and proof of posting

the surety. The road improvement plans shall be submitted to the PWATD for review and

approval prior to applying for an EP.

Timing: This condition shall be met prior to the issuance of the Zoning Clearance forUse lnauguration.

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Conditions of Approval for Planned Development Permit No. PL16-0118Pfanning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Pfanning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 28 of 41

Monitoring and Reporting: The PWATD will review the improvement plans, agreement,and surety for conformance with the project conditions.

32. Dedication of Riqht of Wav

Purpose: Right-of-way shall be required when the existing right-of-way adjacent to andalong the projecUdevelopment parcel is less than the right-of-way required by theapplicable and current County Road Standard Plate.

Requirement: Crooked Palm Road has an existing right-of-way width of 46 feet. Theminimum required right-of-way width of 60 feet per Road Standard Plate B-3 [D] isrequired in accordance with the County Road Standards (Plate B-3 [D]), Paveout Policy,dated January 16, 1968 and Ventura County Ordinance Code, sections 8400-1 & 8400-7.

a. Dedicate 14 feet of right-of-way (full width of right-of-way required) along theparcel's frontage on Crooked Palm Road in accordance with Road Standard PlateB-3 [D].

b. Submit to the PWATD a legal description describing the public right-of-way beingdedicated as Exhibit "A" and a right-of-way dedication map as Exhibit "B" prepared

by a Registered Licensed Surveyor or Registered Civil Engineer authorized topractice land surveying.

c. Submit to the PWATD a processing fee for the costs incurred in processing thededication.

Documgntation: See "a", "b", and "c" abovg.

Timing: This condition shall be met prior to the issuance of Zoning Clearance for Uselnaurguration.

Monitoring and Reporting: The PWATD will review the documentation for conformancewith the project conditions. The PWA - Real Estate Services will prepare the dedicationand file the document wlth the County Recorder. The PWATD will notify the PlanningDivision when the document has been filed.

33. Drivewav Access

Purpose: Driveway access shall be in accordance with the County Road Standards, theDriveways and Curb Cuts Brochure, and the County's Access Policies.

Requirement: The driveway shall be constructed per County Road Standard PlateCommercial E-2a. The driveway radius must accommodate the turn radii of large trucks. The

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Conditions of Approval for Planned Development Permit No. PL1 6-01 1 8

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Pfanning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 29 of 41

Permittee shall obtain an Encroachment Permit (EP) from the PWATD. Contact theEncroachment Transportation Department Permits Division at654-2055 for the requirementsof the EP. The EP form is available on the internet. lmprovement plans and supportingdocumentation may be required by the Encroachments Division. The Permittee shall provide

calculations showing that there is adequate sight distance on both sides of the driveway.

Documentation: The PWATD will review the improvement plans and supportingdocumentation.

Timing: This condition shall be met prior to the issuance of Zoning Clearance for Use

lnauguration.

Monitoring and Reporting: The PWATD lnspectors will monitor construction and verifythat the work is performed in accordance with the Encroachment Permit.

34. Encroa ent Permit

Purpose: An Encroachment Permit is required for any work conducted within the Countyright-of-way.

Requirement: The Permittee shall contact the Encroachments Division at654-2055 forrequirements of the permit. The application shall be submitted to the PWATD.

Documentation: The application shall be submitted to the PWATD. When applying forthe permit, the Per:miftee shall provide sufficient documentation, including, but not limitedto, a (1) Resouice Management Agency (RMA) Project Number (for discretionaryprojects), (2) a copy of the Transportation Department Conditions of Approval, (3) asketch or map showing the work to be accomplished, project, project parcel, AssessorParcel Number (APN), address and street name. Permit applications without sufficientdocumentation for processing may not be accepted for processing.

Timing: This condition shall be met prior to the issuance of the Zoning Clearance forUse lnauguration.

Monitoring and Reporting: The PWATD will review the application and supportingdocumentation. The PWATD lnspectors will monitor construction and verify that the workis performed in accordance with the Encroachment Permit.

Advanced Planning - Floodplain

35. Floodplain Development Permit

Purpose: To comply with the Ventura County Floodplain Management Ordinance and

Ventura County General Plan policies 2.10.2-2 and 210.2.-3.

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCPlanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 30 of 41

Requirement: The Permittee shall obtain a Floodplain Development Permit from theVentura County Public Works Agency Floodplain Manager.

Documentation: A Floodplain Development Permit issued by the Public Works AgencyFloodplain Manager.

Timing: The Floodplain Development Permit shall be obtained by the' Permittee prior toZoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the approved Floodplain Development Permit shallbe provided to the Building and Safety Department as well as maintained in the case fileby the Public Works Agency.

36. Notice of Flood Hazard Recorded on Propertv Title

Purpose: To comply with the Ventura County General Plan policy 2.10.2-2 so as to informexisting and future owners of the subject property that the site, in whole or in part, hascurrently been mapped by the Federal Emergency ManagementAgency (FEMA) as beingin a 1o/o annual chance (100-year) floodplain.

Requirement: The Permittee shall, with the assistance of the Ventura County PublicWoifs Agency Floodplain Manager, have recorded on the title of the subject property aNotice of Flood Hazard.

/Documentation: A Notice of Elood Hazard deemed satisfactory to the Ventura CountyPublic Works Agency Floodplain Manager.

Timing: The Notice of Flood Hazard shall be recorded on title of the subject property bythe Permittee prior to Zoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the recorded Notice of Flood Hazard shall beprovided to the Building and Safety Department as well as maintained in the case file by

the Public Works Agency.

lntegrated Waste Management Division

36. Waste Diversion & Recvclinq Requirement

Purpose: To ensure the Project complies with Ordinance No. 4445. Ordinance 4445pertains to the diversion of recyclable materials generated by the Project (e.9., paper,

cardboard, wood, metal, greenwaste, soil, concrete, plastic containers, beveragecontainers) from local landfills through recycling, reuse, or salvage. Ordinance 4445 canbe reviewed at wvrnrv. vcp u b I icwo rks. o rg/o rd4445.

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 31 of41

Requirement: Ordinance 4445, Sec 4770-2.3, requires the Permittee to work with aCounty-franchised solid waste hauler who will determine the level of service required todivert recyclables generated by the Project from local landfills. For a complete list ofCounty-franchised solid waste haulers, go to:

www. vcpu blicworks. org/commercial hau lers.

Documentation: The Permittee must maintain copies of their bi-monthly solid waste

billing 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 current

solid waste billing statement to verify compliance with this condition.

Monitoring and Reporting: Upon request, the Permittee shall allow IWMD staff toperform a lree, on-site, waste audit to veriff recyclable materials generated by theirbusiness are being diverted from the landfill.

37. Construction & Demolition Debris Recyclinq Plan (Form B)

purpose: Ordinance 4421 requires the Permittee to divert recyclable construction and

demolition (C&D) materials generated by the Project (e.9., wood, metal, greenwaste, soil,

concrete, asphalt, paper, cardboard, etc.) from local landfills through recycling, reuse, orsa lva ge. Review O rd inance 4421 al: v\Mw.vcpu b I i cworks. o rgl or d4421 .

The Permittee rnust submit a comprehensive recycling plan (Form B -) to the IWMD for any proposed construction and/or demolition projects

uilding permit.

Documentation: 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 by

recycling, reuse, or salvage. A copy of Form B is available at:

www.vcpublicworks.orgiformsB&C. A comprehensive list of permitted recyclers,

County-franchised haulers, and solid waste & recycling facilities in Ventura County isavailable at: www.vcpublicworks.org/C&D. A list of localfacilities permitted to recycle soil,

wood, and greenwaste is available at: ranrw.vcpublicworks.org/greenwaste. A completelist of County-franchised solid waste haulers is available at:

www.vcpu blicworks. org/com mercia I hau lers.

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 and Reporting: The Permittee is required to keep a copy of their approved

Form B - Recycling Plan until Building and Safety Division's issuance of final permit.

Requirement:Recycling Planthat require a b

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Conditions of Approvalfor Planned Development Permit No' PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCplanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 32 ol 41

38. Construction & Demolition Debris Reportinq Form (Form C)

Purpose: Ordinance 4421 requires the Permittee to divert recyclable construction and

demolition (C&D) materials generated by their project (e.9., wood, metal, greenwaste,

soil, concrete, paper, cardboard, plastic containers, etc.) from local landfills throughrecycling, reuse, or Salvage. Please review Ordinance 4421 at:

www. vcpu blicworks. o rgl ord4421 .

Requirement: The Permittee must submit a Form C - Reporting Form to the IWMD forappioval prior to issuance of their final Building and Safety Division pe1ryit A copy ofForm C - Reporting Form is available at: www.vcpublicworks.org/formsB&C.

Documentation: The Permittee must submit original recycling facili$ 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.

Timing: A completed Form C - Reporting Form, with required recycling facility receiptsand/oidocumentation or reuse, must be submitted to the IWMD for approval prior toBuilding and Safety Division's issuance of final permit.

Monitoring & Reporting: The Permittee is required to keep a copy of their approved

Form C - Reporting Form until Building and Safety Division's issuance of final permit.

39. Collection ald Loadinq Areas for Refuse and Recvclables

purpose: To comply with the California Solid Waste Reuse and Recycling Access Act of1991 (California Public Resources Code, SS 42900-42901)'

Requirement: The Permittee shall adhere to the Ventura County Space AllocationGuidelines which include minimum space requirements for refuse and recycling bins and

recommend aesthetic, gated, trash enclosures. Please review the Ventura County SpaceAllocation Guidelines at:

http://pwaportal.ventura.orgM/sD/docs/2008%20Space%20Allocation%20Guidelines.pdf.

Documentation: The Permittee shall submit a site plan to the IWMD indicating thelocation of a trash enclosure, or a designated area on the Project site, with sufficient spaceto accommodate refuse and recycling bins necessary to meet the needs of the Project.

Timing: Prior to issuance of a Zoning Clearance for construction or use inauguration(whichever occurs first), the Permittee must submit a site plan to the IWMD forieviewiapproval that indicates the location of a trash enclosure or a designated area forrefuse and recycling bins on the property.

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Conditions of Approval for Planned Development Permit No' PL16-0118planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLCpfanning Director Decision Date: Location: 4777 Crooked Palm Road, Ventura

Page 33 of 41

Monitoring & Reporting: Upon request, the Permittee shall allow IWMD staff to verify

the location of a trash enclosure or a designated area for trash and recycling bins on theproperty.

40. Commercial Vehicles and Equipment - Used Oil Recvclinq

Purpose: To ensure the recycling of motor oil, oil filters, and the removal of antifreeze

from commercial vehicles and equipment.

Requirement: The Permittee shall ensure compliance with state and federal hazardouswaste regulations. See: http://www.calrecycle.ca.gov/UsedOil/PolicyLaw/. The Permittee

shall contract with a registered hazardous waste transporter to ensure motor oil, oil filters,

and antifreeze generated by their business is taken to a registered used oil recycling

facility. A list of registered hazardous waste transporters is available at:

http:/iwww.dtsc.ca.gov/database/Transporters/Trans000.cfm. A list of registered used oil

recycling facilities is available at:

www.calrecycle.ca.gov/UsedOil/Reports/CenterSearch/Default.aspx?lang=en-US.

Documentation: The Permittee shall keep original billing statements generated by theirregistered hazardous waste transporter(s) to verify compliance with this condition.

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

Monitoring and Reporting: Upon request, the Permittee shall provide IWMD with copiesof their current biling statements to verify that used motor oil, oil filters, and antifreezegenerated by vehicles and equipment permitted for use by this CUP are properly recycled.

Water Quality Section

41. Compliance with Stormwater Development Construction Proqram

purpose: To ensure compliance with the Los Angeles Regional Water Quality Controlgoaid NPDES Municipal Stormwater Permit No.CAS004002 (Permit), the proposed

project will be subject to the construction requirements for surface water quality and storm

wa[er runoff in accordance with Part 4.F., "Development Construction Program" of the

Permit.

Requirement: The proposed building demolition shall meet requirements contained inpart +.f. "Development Construction Program" of the Permit through the inclusion ofeffective implementation of the Construction BMPs during all ground disturbing activities.

Documentation: The Permittee shall submit to the Watershed Protection District -County Stormwater Program Section (CSWP) for review and approval a completed and

signed: SW-1 form (Best Management Practices for Construction Less Than One Acre

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 34 of 41

wh ich ca n be fou nd at http ://onestop. vcpublicworks. org/stormwater-forms.

Timing: The Permittee shall obtain approval of the Form SW-1 from the CSWP prior tothe issuance of the Zoning Clearance for Use lnauguration.

Monitoring and Reporting: CSWP will review the submitted materials for consistencywith the NPDES Municipal Stormwater Permit. Building Permit lnspectors will conductinspections during construction to ensure effective installation of the required BMPs.)

42. State General lndustrial Stormwater Permit No. CAS000001 Requirements

Purpose: To ensure the project maintains compliance with all water quality provisions in

accordance with NPDES General Permit (No. CAS000001), Waste DischargeRequirements for Discharges of Stormwater Runoff Associates with lndustrial Activities.

Requirement: Proper filing of all compliance documents required under the NPDES

General lndustrial Stormwater Permit (No. CAS000001).

Documentation: The Permittee shall prepare and submit the following items to the

Watershed Protection District - County Stormwater Program Section (CSWP) for review:i. Current Notice of lntent (NOl) in accordance with the State Water Resources

Control Board requirements under the NPDES General lndustrial StormwaterPermit (No. CAS000001); or

ii. Verification of payment for current coverage year, whichever one is more recent;iii. Copy of thg project Stormwater Pollution Prevention Plan (SWPPP); andiv. Copy of thb most recent Annual Report, if applicable.

Timing: The above listed items shall be submitted to the CSWP for review prior to Zoning

Clearance for Use Inauguration.

Monitoring and Reporting: CSWP staff will review the submitted materials forconsistency with the General lndustrial Stormwater Permit. Current and site-specificSWPPP shall be kept on-site for periodic review by the CSWP inspectors. (CSWP-2)

OTHER VENTURA COUNTY AGENCY CONDITIONS

Ventura County Fire Protection District

43. Address Numbers (Commercial, lndustrial, Multi-Familv Buildinqs)

Purpose: To ensure proper premise identification to expedite emergency response

Requirement: The Permittee shall install a minimum of 10-inch (10") high addressnumbers that are a contrasting color to the background and readily visible at night. Brass

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 35 of 41

or gold plated numbers shall not be used. Where structures are setback more than 150

feet (150') from the street, larger numbers will be required so that they are distinguishablefrom the street. ln the event the structure(s) is not visible from the street, the addressnumber(s) shall be posted adjacent to the driveway entrance on an elevated post.

Documentation: The Permittee shall submit an addressing plan to the Ventura CountyFire Protection District (VCFPD) for review and approval. This plan can be incorporatedinto the VCFPD Form #126 "Requirements for Construction".

Timing: Prior to the issuance of the Zoning Clearance for Use lnauguration, the Permitteeshall obtain the approval of the addressing plan from the VCFPD. The Permittee shallinstall address numbers before the start of business operations.

Monitoring and Reporting: A copy of the approved access plan and/or signed copy ofthe Ventura County Fire Protection District's Form #126 "Requirements for Construction"shall be kept on file with the Fire Prevention Bureau. The Fire Prevention Bureau shallconduct a final inspection to ensure that all structures are addressed according to theapproved plans/form.

44. Access Drivewavs Desiqn, Contractor Storage Yards

Purpose: To ensure that adequate fire department access is provided in conformancewith 43).

Requirement: The Permittee shall provide drive aisles having a minimum clear width of25 feet.

a. Without buildings in the yards, installation shall comply with:

(1) Main access road into the site shall be asphalt or concrete or approvedall-weather surface

(2) Remainder of drive aisles to each storage yard shall meet residential standardsor beyond and be engineered to support additional expected loads based uponuse of the yards ,

.

(3) No requirements within each storage yard when access from all points withinthe yard are located within 250 feet of an approved surface drive aisle. Largeryards may need additional alternate surface access within the yard

(4) Hazardous operations and hazardous material storage may require full pavedaccess

b. With buildings in the yards, full paved access to within 150 feet of all portions of the

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 36 of 41

exterior walls of each building shall be provided.

Documentation: The Permittee shall submit an access plan to the VCFPD for review andapproval.

Timing: The Permittee shall obtain approval of the access plan prior to the issuance ofthe Zoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the approved access plan shall be kept on filewith the Fire Prevention Bureau. The Fire Prevention Bureau shall conduct a finalinspection to ensure that the access is installed according to the approved plans. Unlessa modification is approved by the Fire Prevention Bureau, the Permittee, and theirsuccessors in interest, shall maintain the access for the life of the project.

45. Vertical Clearance

Purpose: To ensure that adequate fire department a.ccess is provided in conformancewith current California State Law and Ventura County Flre Protection District Ordinance.

Requirement: The Permittee shall provide a minimum vertical clearance of 13 feet 6inches (13'-6') along all access roads/driveways.

Documentation: The Permittee shall submit an access plan to the VCFPD for review andapproval. (Can be the same plan as required by Condition #31.)

/Timing: The Permittee shall obtain approval of the access plan prior to the issuance ofthe Zoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the approved access plan shall be kept on file withthe Fire Prevention Bureau. The Fire Prevention Bureau shall conduct a final inspectionto ensure that the access is installed according to the approved plans. Unless a

modification is approved by the Fire Prevention Bureau, the Permittee, and theirsuccessors in interest, shall maintain the access for the life of the development.

46. Turninq Radius

Purpose: To ensure that adequate fire department access is provided in conformancewith current California State Law and Ventura County Fire Protection District Ordinance.

Requirement: The Permittee shall provide a minimum [40] foot inside turning radius atall turns along the access roads/driveways.

Documentation: The Permittee shall submit an access plan to the VCFPD for review and

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approval. (Can be the same plan as required by Condition #31.)

Timing: The Permittee shall obtain approval of the access plan prior to the issuance ofthe Zoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the approved access plan shall be kept on file withthe Fire Prevention Bureau. The Fire Prevention Bureau shall conduct a final inspection

to ensure that the access is installed according to the approved plans. Unless amodification is approved by the Fire Prevention Bureau, the Permittee, and theirsuccessors in interest, shall maintain the access for the life of the development.

47. Access Road Gates

Purpose: To ensure that adequate fire department access is provided in conformancewith current California State Law and Ventura County Fire Protection District Standards.

Requirement: The Permittee shall design and install allgates along required fire accessroads/d riveways consistent with Fire Protection District Standards.

Documentation: The Permittee shallsubmitan access plan to the VCFPD for review and

approval. (Can be the same plan as required by Conditions #31 and#32.)

Timing: The Permittee shall obtain approval of the access plan prior to the issuance ofthe Zoning Clearance for Use lnauguration.

Monitoring and'Reporting: A copy of the approved gate plan shall be kept on file with

the Fire Prevention Bureau. The Fire Prevention Bureau shall conduct a final inspection

to ensure that access gates are installed according to the approved plans. Unless a

modification is approved by the Fire Prevention Bureau, the Permittee, and theirsuccessors in interest, shall maintain the gates for the life of the development.

48. Fire Flow

Purpose: To ensure that adequate water supply is available to the project for firefightingpurposes.

Requirement: The Permittee shall verify that the water purveyor can provide the required

volume and duration at the project. The minimum required fire flow shall be determinedas specified by the current adopted edition of the Ventura County Fire Code and the

applicable Water Manual for the jurisdiction (whichever is more restrictive). Given thepresent plans and information, the required fire flow is approximately 1250 gallons per

minute at 20 psi for a minimum 2 hour duration. Note: For Commercial, lndustrial,

Multi-family buildings, a minimum fire flow of 1,000 GPM shall be provided from each

hydrant when multiple hydrants are flowing at the same time.

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Conditions of Approval for Planned Development Permit No. PL16-01 18

Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 38 of 41

Documentation: The Permittee shall provide documentation of fire flow (i.e. fire flowcertification) obtained from the water purveyor to the VCFPD for review and approval.

Timing: Prior to the issuance of the Zoning Clearance for Use lnauguration, the Permittee

shall obtain approval of the fire flow documentation from the VCFPD.

Monitoring and Reporting: A copy of the fire flow certification shall be kept on file with

the Fire Prevention Bureau.

49. Hazardous Fire Area

Purpose: To advise the Permittee that the project is located within a Hazardous Fire

Area and ensure compliance with California Building and Fire Codes.

Requirement: The Permittee shall construct all new structures to meet hazardous firearea building code requirements.

Documentation: The Permittee shall submit building plans to the Building Departmentfor review and approval.

Timing: Prior to the issuance of any new Building Permit, the Permittee shall obtain theapproval of the Building Division of the submifted plans.

Monitoring and geporting: The Fire Prevention Bureau shall conduct a final inspection

to ensure that the! structure is cgnstructed according to the approved hazardous fire area

building code requirements. Unless a modification is approved by the Fire Prevention

Bureau, the Permittee, and their successors in interest, shall maintain the approvedconstruction for the life of the structure.

Notice: For purposes of fhese conditions and application of Building and Firy Codes, the

term "Hazardous Fire Area" includes the following as referenced in the CBC and VCFPD

Ordinance; Sfafe SRA - Fire Hazard Severity Zone, Local Agency - Very-High Fire HazardSeverity Zone, Local Agency - Wildland-Urban lnterface Fire Area (WUl Area), LocalAgency - Hazardous Fire Area.

50. Hazard Abatement

Purpose: To ensure compliance with Ventura County Fire Protection District Ordinance.

Requirement: The Permittee shall have all grass or brush adjacent to structure's footprintcleared for a distance of 100 feet or to the property line if less than 100 feet. All grass and

brush shall be removed a distance of 30 feet from any vehicles or equipment within theproject. The Fire District may require the entire parcel to be cleared. Note: A Notice to

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Conditions of Approval for Planned Development Permit No. PL16-01 18

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Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 39 of 41

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 Fire

District's Fire Hazard Reduction Program shall be submitted to the VCFPD.

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 business operations.

Monitoring and Reporting: The Fire Prevention Bureau shall conduct on-site

inspections to ensure compliance with this condition.

51. Fire Code Permits

Purpose: To comply with the requirements of the Ventura County Fire Code

Requirement: The Permittee shall obtain all applicable Fire Code permits.

Documentation: The Permittee shall submit a Fire Code permit application along with

required plans to the VCFPD for review and approval.

Timing: The Permittee shall obtain all required Fire Code permits prior to the issuance ofthe Zoning Clearance for Use lnauguration.

Monitoring and Reporting: A copy of the approved Fire Code permits shall be kept on

file with the Fire Prevention Bureau. The Fire Prevention Bureau shall conduct a final

inspection to ensure that the requirements of the Fire Code permit are installed accordingto the approved plans. Unless a modification is approved by the Fire Prevention Bureau,

the Permittee, and their successors in interest, shall maintain the conditions of the Fire

Code permit for the life of the development.

52. Fire Department Clgarance

Purpose: To provide the Permittee a list of all applicable fire department requirementsfor their project.

Requirement: The Permittee shall obtain VCFD Form #126 "Requirements forConstruction" for any new structures or additions to existing structures before issuanceof building permits.

Documentation: A signed copy of the Ventura County Fire Protection District's Form

#1 26 "Requirements for Construction."

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Timing: The Permittee shall submitVCFPD Form #126 Application to the Fire PreventionBureau for approval before issuance of building permits.

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.

Ventura County Air Pollution Control District

53. APCD Rules and Requl for Parkino Areas

Purpose: To ensure that fugitive dust and particulate matter that may result from sitepreparation and activities on the site are minimized.

Requirement: The Permittee shall operate in conformance with the provisions ofapplicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50(Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust).

The Permittee shall operate in conformance with the following provisions:

l. Fugitive dust throughout the construction site shall be controlled by the use of awatering truck or equivalent means (except during and immediately after rainfall).Water shall be applied to all unpaved roads, unpaved parking areas or stagingareas, and active portions of the construction site. Environmentally-safe dustcontrol agents may be used in lieu of watering.

ll. Signs shall be posted onsite limiting traffic to 15 miles per hour or less.lll. Signs displaying the APCD Complaint Line Telephone number for public

complaints shall be posted in a prominent location visible off the site: (805)645-1400 duilng business hours and (805) 654-2797 after hours.

lV. Parking areas that have dirt parking surface should be covered with gravel tominimize fugitive dust.

Documentation: No documentation required.

Timing: Throughout the life of the permit.

Reporting and Monitoring: County and APCD staff have the authority to inspect thesite to monitor compliance with this condition.

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Conditions of Approval for Planned Development Permit No. PL16-0118Planning Director Hearing Date: October 14,2019 Permittee: Petrochem Development 1, LLC

Planning Director Decision Date: Location: 4777 Crooked Palm Road, VenturaPage 41 ol 41

Ventura County Agricultural Commission's Office

54. Minimization of Dust lmpacts

Purpose: ln order to minimize potential emanation of dust and conflicts between a non-

agricultural use and adjacent agricultural operations.

Requirement: The Permittee shall keep the dust at an absolute minimum along accessroads and within the permit area. The permittee shall be sensitive to the impacts thattrucks can be to the agricultural operations on adjacent properties.

Documentation: No documentation is needed

Timing: The Permittee shall respond immediately to any complaint from the adjacentagricultural operators and find the best remedy to the problem immediately.

Monitoring: ln accordance with the Non-Coastal Zoning Ordinance, the Planning Division

will periodically review the operation of the permitted facility for compliance with the termsand conditions of the conditional use permit. The Planning Division has the authority toinitiate enforcement actions if a lack of compliance is identified through public complaintsor discovered during the required periodic review.