Planning Director Statr Report - Hearing on March 12, 2015 County of Ventura' Resource Management,A.gency' Planning Division 800 S. Victoria Avenue, Ventura, CA 93009-1740' (805) 654-2478'ventura.org/rma/planning Floral G¡ft and Home Décor International Minor Modification of Gonditional Use Permit No. LU10-0071 Case No. PL14-0093 A. PROJECT INFORMATION 1. Request: The applicant requests that a Minor Modification of Conditional Use Permit (CUP) No. LU10-0071 be granted to authorize the continued operation of the existing commercial agricultural facilities for an additional2O-year period and to make various minor alterations in the use of existing structures. 2. ApplicanUProperty Owner: Floral Gift and Home Décor lnterntl, Attn: Edwin and Dolly lves, 3756 Somis Road, Somis, CA 93066 3. Applicant's Representative: Jensen Design and Survey, lnc., Attn.: Mr. Erik Nagy, 1672Donlon Street, Ventura, CA 93003 4. Decision-Making Authority: Pursuant to the Ventura County Non-Coastal Zoning Ordinance (NCZO) (S 8105-4 and S 8111-1.2 et seq.), the Planning Director is the decision-maker for the requested CUP. 5. Project Site Size, Location, and Parcel Number: The 48.62 acre project site is located at 3756 Somis Road, near the intersection of Somis Road (State Route 34) and Los Angeles Avenue (Highway 1 18), in the community of Somis, an unincorporated area of Ventura County. The Tax Assessor's parcel numbers for the parcels that constitute the project site are 161-0-040-045 and 161-0-010-190 (Exhibit 2). 6. Project Site Land Use and Zoning Designations: Counturuide General Plan Land Use Map Desiqnation: Agricultural, 40 Acre Minimum Parcel Size (Exhibit 2) Zonino Desiqnation: Agricultural Exclusive (A-E), 40 Acre Minimum Parcel Size (Exhibit 2) a b
Transcript
Planning Director Statr Report - Hearing on March 12, 2015
County of Ventura' Resource Management,A.gency' Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740' (805) 654-2478'ventura.org/rma/planning
Floral G¡ft and Home Décor International
Minor Modification ofGonditional Use Permit No. LU10-0071
Case No. PL14-0093
A. PROJECT INFORMATION
1. Request: The applicant requests that a Minor Modification of Conditional UsePermit (CUP) No. LU10-0071 be granted to authorize the continued operation ofthe existing commercial agricultural facilities for an additional2O-year period andto make various minor alterations in the use of existing structures.
2. ApplicanUProperty Owner: Floral Gift and Home Décor lnterntl, Attn: Edwinand Dolly lves, 3756 Somis Road, Somis, CA 93066
3. Applicant's Representative: Jensen Design and Survey, lnc., Attn.: Mr. ErikNagy, 1672Donlon Street, Ventura, CA 93003
4. Decision-Making Authority: Pursuant to the Ventura County Non-CoastalZoning Ordinance (NCZO) (S 8105-4 and S 8111-1.2 et seq.), the PlanningDirector is the decision-maker for the requested CUP.
5. Project Site Size, Location, and Parcel Number: The 48.62 acre project siteis located at 3756 Somis Road, near the intersection of Somis Road (State Route34) and Los Angeles Avenue (Highway 1 18), in the community of Somis, anunincorporated area of Ventura County. The Tax Assessor's parcel numbers forthe parcels that constitute the project site are 161-0-040-045 and 161-0-010-190(Exhibit 2).
6. Project Site Land Use and Zoning Designations:
Counturuide General Plan Land Use Map Desiqnation: Agricultural, 40Acre Minimum Parcel Size (Exhibit 2)
8. History: The discretionary permits that have been granted on the subjectproperty are listed in the following table and described below:
Discretionary Permits Summary
Permit type Uses authorizedDate Permit #cuP 4495 CUP 235,000 SF of drvinq houses1 1-30-89
Change of use of Buildings 2, 3 and 4to qreenhouses
7-23-90 N/A PermitAdjustment
4-26-91 N/A PermitAdjustment
Use of Building 5 for packaging,change of use of Building 13, anddemolition of portions of buildinqs
9-30-93 cuP 4495-1 Modified CUP Revised processing facility plan6-19-08 LU04-0078 Modified CUP Extension of permit by 15 years and
facility expansionPermitAdiustment
Extension of the hours of operationsand other minor chanqes
9-18-09 LU09-0090
7-18-12 LU10-0071 PermitAdjustment
Revised the location of proposedBuilding 814 and allowed variousoperational changes
Conditional Use Permit (CUP) 4495 was approved by the Planning Commissionon November 30, 1989 for the construction of drying houses totaling 235,800square feet, and recognition of existing structures including additional dryinghouses and storage structures for chemicals for the process of drying and dyeingof eucalyptus and baby's breath flowers.
On July 23, 1990, Permit Adjustment to CUP 4495 was approved by the PlanningDirector for the change in use of Buildings 2, 3, and 4 to greenhouses and a5,000 square foot portion of Building 5 to be used for grading and packaging.
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On April 26, 1991, Permit Adjustment to CUP 4495 was approved by thePlanning Director for the change in use of Building l3 to grading and packagingand to rescind the prior authorization of Building 5 for grading and packaging.
On June 21, 1991, Permit Adjustment to CUP 4495 was approved by thePlanning Director for the re-authorization of Building 5 for grading and packaging,authorization of Building 13 for Recreation and storage and the demolition of aportion of Buildings 3, 6, 7, 8 and structures located between Buildings 4 and 5.
On September 30, 1993, Minor Modification No. 1 of CUP 4495 was approved bythe Planning Director to recognize a revised processing facility plan to bedeveloped in three phases.
On June 19,2008, the Planning Commission approved Major Modification No. 2to Conditional Use Permit 4495 (Case No. LU04-0078) for a 15-year timeextension and facilities expansion of an existing agricultural operation thatinvolves growing, harvesting, and importing flowers and other plants for sale anduse as ornamentals. The permit authorized the following:
o A 1S-yeartime extension,o Construction of a 98,500 square foot building with office space to support
agricultural crop processing;o Demolition of the existing and rebuild of a 5,214 square foot dyeing
building, and;o Abatement of the existing violations (ZV#04-0184) including converting
dormitories to storage, removal of structures and removal of temporarycontainers.
On June 3, 2009, the Planning Director approved a one-year time extension forthe issuance of a Use Inauguration Zoning Clearance.
On September 18, 2009 the Planning Director approved the Permit Adjustment toCUP LUO4-OO78 (Case No. LU09-0090) to modify Condition of Approval No. 1
(Project Description) to authorize the following:
o Extend the hours of operation from 4 a.m. to 9 p.m. Monday throughSunday.
o Allow the number of full time equivalent ("FTE") employees to increase to99; and
o Allow the assembly of "Carrots for Kids" kits of organic soil in
biodegradable bags with carrot seeds as a tool to educate children inagricultural matters.
On July 18,2012, the Planning Director approval the Permit Adjustment to CUPLU09-0090 (Case No. LU10-0071) to modify the Conditions of Approval (ProjectDescription) to authorize the following:
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o Revise the location of the proposed 814 Building to outside of the 100year floodplain.
o lncrease the size by 220 square feet (s.f.) of 814 Building for a total of98,720 s.f.
o Change the use and occupancy of 814 to greenhouse "lJ" occupancy.o Change the use and occupancy of 88 to warehouse "Sl" occupancy with
office, restrooms and new covered loading dock which will requirereconstruction of the building. A slight rotation of the 88 is proposed tolocate the building and loading dock outside of the front yard setback.
o lnstallment of 108 parking spaces proposed on a gravel surface.o Revise the project description and Planning Division Conditions of
Approval to allow a change in the hours of operation for truck trips,deliveries and loading activities.
o Revise PWA Transportation's Conditions of Approval relating to a changein hours of operation for truck trips and deliveries and revisions to thepeak hour trip restrictions.
o Abate the zoning violations by relocating the storage within the cargocontainers into 88 Building and removal of shade structures and cargocontainers.
o Correct the project description and site plan legend to result in principlestructures related to agricultural processing and storage totaling 56,527s.f., greenhouses totaling 269,558 s.f. and 811 buildings used as dryinghuts totaling 76,246 s.f
o Authorize the Planning Director Waiver of the bicycle parking requirement.o Authorize a time extension to receive the Use lnauguration Zoning
Clearance and the Construction Zoning Clearances
9. Project Description: The applicant requests that a Minor Modification ofConditional Use Permit (CUP) No. LU10-0071 be granted to authorize thecontinued operation of the existing commercial agricultural use for an additional2}-year period and to make various minor alterations in the use of existingstructures. The existing agricultural operation involves the growing, harvesting,dying, and import of flowers and other plants to be sold and utilized asornamentals. The proposed project includes the elimination of the previously-granted entitlements to construct an approximately 98,720 square foot (s.f.)building (referred to as building B-14) and to convert greenhouse building B-8 toa warehouse. (Exhibit 3). The only residential use on the site will continue to be theexisting caretaker residence.
The following changes in the use and structures are proposed:
1) B'2, B,3, 84 and 85 buildings previously used as dormitories will be usedfor storage;
2) 86, 87 and 88 buildings will be used exclusively as greenhouses;3) 89 building will remain as a storage area without toilet facilities;
4)5)6)7)
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Two 810 barns will remain as storage area totaling 5,160 s.f.;17 811-1 buildings will remain as drying huts totaling 34,099 s.f.;17 811-2 buildings will be used as hoop houses totaling 32,400 s.f.;812 building will continue to be used for dyeing operations with a roofstructure totaling 5,214 s.f .;All cargo storage containers will be removed from the project site prior tothe issuance of a certificate of occupancy;I portable toilets will be added;Landscape screening within the CUP boundary fronting Somis Road willbe added;Fire Department Turnaround and all weather access will be added;New hazardous materials storage building of 70 s.f. will be added;lnstallment of 101 parking spaces are proposed on a gravel surface; andContinued authorization of a Planning Director waiver of the bicycleparking requirement is proposed due to the remote project location andthe nature of the land use that precludes the use of bicycles
8)
e)10)
11)12)13)14)
Upon implementation of the requested permit, the site will have the followingstructures:
The proposed horticultural operation involves the use of flowers and plants that aredyed, infused with fragrance, dried and assembled into bouquets and various otherarangements for bulk sale to outside vendors. The operation also includesassembly of "Carrots for Kids" kits of organic soil in biodegradable bags with carrotseeds as a toolto educate children in agricultural matters.
The proposed project will not alter the existing maximum number of 99 full timeequivalent ("FTE") employees nor does the Permittee propose to exceed a total of99 employees daily or during the hours of operation. The employees working onsite as fulltime permanent employees, contract employees, and seasonal and part-time laborers engaged through labor agencies will not exceed the total of 205,920hours per year. No trees or native vegetation are to be removed as a result of thisproject.
Water to the pro¡ect site will continue to be províded by Ventura County WaterworksDistrict 19. Sanitation is to be provided by portable restrooms and an individualsewage disposal system for the caretaker residence. Access to the site will beprovided by a25-foot wide driveway from Somis Road.
Structure type (Buildins No.) Square footagePrincipal structures used for agriculturalprocessinq and storaqe
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The Conditional Use Permit (CUP) area includes approximately 48 acres of thesubject property as shown on Exhibit 3.
B. CALTFORNTA ENVTRONMENTAL QUALTTY ACT (CEQA) COMPLTANCE
Pursuant to CEQA (Public Resources Code S 21000 et seq.) and the CEQA Guidelines(Title 14, California Code or Regulations, Division 6, Chapter 3, S 15000 et seq.), thesubject application is a "project" that is subject to environmental review.
On June 6, 2008, the Planning Director adopted a Negative Declaration (ND) thatevaluated the environmental impacts of the project that included various changes of useof existing structures, demolition/removal/relocation of various structures to abatezoning violations, and the construction of a 98,500 square foot building to supportexisting agricultural crop processing and to provide office space. This ND is attached asExhibit 4.
The CEQA Guidelines [S 15164(b)] state that the lead agency shall prepare an addendumto an adopted ND if: (1) minor changes or additions are necessary; but (2) none of theconditions described in the CEQA Guidelines (S 15162) calling for the preparation of asubsequent ND have occurred. Exhibit 4 includes a: description of the changes oradditions that are necessary to the ND and a discussion of why none of the conditionsdescribed in the CEQA Guidelines exist, which require the preparation of an EIR orsubsequent ND. ln summary, the changes proposed in the project would not result inadditional impacts that are not disclosed in the adopted ND.
Based on the information provided above and in light of the whole record, staffrecommends that the decision-maker find there is no substantial evidence to warrant thepreparation of a subsequent ND, and the addendum to the ND (Exhibit 4) reflects theCounty's independent judgment and analysis.
C. CONSISTENCY WITH THE GENERAL PLAN
The Ventura County General Plan Goalg Policies and Programs (2011, page 4) states:
...in the unincorporated area of Ventura County, zoning and any permits rssuedthereunder, any subdivision of land, any public works project, any public (County,Special District, or Local Government) land acquisition or disposition, and anyspecific plan, must be consistent with the Ventura County General Plan Goals,Policies and Programs, and where applicable, the adopted Area Plan.
Furthermore, the Ventura County NCZO (S 8111-1.2.1.1.a) states that in order to beapproved, a CUP must be found consistent with all applicable policies of the VenturaCounty General Plan.
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Evaluated below is the consistency of the proposed project with the applicable policiesof the General Plan Goals, Policies and Programs.
1. Resources Policy 1.1.2-1: All General Plan amendments, zone changes anddiscretionary development shall be evaluated for their individual and cumulativeimpacts on resources ,n compliance with the California Environmental QualityAct.
As discussed in Section B (above) and in the ND Addendum prepared for theproposed project (Exhibit 4), the project's individual impacts and contribution tocumulative impacts on resources have been evaluated in compliance with CEQA.
Based on the discussion above, the proposed project is consistent with Policy1.1.2-1.
2. Resources Policy 1.1.2-2= Except as othenuise covered by a more restrictivepolicy within the Resources Chapter, significant adverse impacts on resourcesidentified in environmental assess/nents and reports shall be mitigated fo /essthan significant levels or, where no feasible mitigation measures are available, astatement of overriding considerations shall be adopted.
As discussed in Section B (above) and in the Addendum to the ND prepared forthe proposed project (Exhibit 4), the proposed project will not result in newpotentia I ly sig nifica nt envi ro n mental i mpacts.
Based on the discussion above, the proposed project is consistent with Policy1.1.2-2.
3. Biological Resources Policy 1.5.2-1= Discretionary development, which couldpotentially impact biologicalresources shall be evaluated by a qualified biologistfo assess impacts, and if necessa4f, develop mitigation measures.
The project has been evaluated by the Planning biologist. No native vegetationexists on the project site. The project site is in agricultural production, anddeveloped with greenhouses, hoop houses and various agricultural storagestructures. There is no potential for special status plants to occur on this site.
Ventura County significant wetlands (per Policies 1.5.2.3 and 1.5.2.4 of theVentura County General Plan) are located alongside the eastern and southernproject boundaries. No development of those areas is proposed. The proposedproject would not involve disturbance of the drainage courses or associatedriparian habitat.
Long term use of the site for agricultural purposes has minimized its value towildlife species and sensitive species are not expected on site. No native wildlife
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habitat occurs on the project site or within the surrounding area. Thesurround¡ng area is in agricultural production and the proposed project would notresult in the alteration or removal of native wildlife habitat. Therefore, the projectwould not substantially impact wildlife habitat.
Based on the above discussion, the proposed project will be consistent withResources Policy 1 .5.2-1 .
4. Water Quality Resources Policy 1.3.2-2 Discretionary development shallcomply with all applicable county and state water regulations.
Water Quality Resources Policy 1.3.2-4= Discretionary development shall notsignificantly impact the quantity or quality of water resources within watersheds,groundwater recharge areas or groundwater baslns.
Domestic water service is provided by Ventura County Waterworks District #19,and agricultural water is supplied from an on-site water well. The well is subjectto regulation by the Fox Canyon Groundwater Agency and the site overlies theessentially-confined East Las Posas Groundwater Basin. The proposed projectdoes not involve any increase in use of groundwater. Based upon the abovediscussion, this proposed project will not substantially affect groundwateiresources. .
Based on the above discussion, the proposed project will be consistent withPolicies 1.3.2-2 and 1 .3.2-4.
5. Public Facilities and Services - Fire Protection Policy 4-8.2-1= Discretíonarydevelopment shall be permitted only if adequate water supply, access andresponse time for fire protection can be made available.
According to the Ventura County Fire Protection District, the existing watersupply and access are adequate for fire protection. Response time to the projectsite from the nearest fire station is adequate and no additional fire stations,equipment, or personnel are warranted. The project will be subject to conditionsof approval (Exhibit 5, Condition Nos. 42 through 54) to ensure that the currentlyadequate situation be maintained.
Based on the above discussion, the proposed project will be consistent with theFire Protection PolicV 4.8.2-1.
6. Resources Policy 1.6.2-1: Discretionary development located on landdesignated as Agricultural (see Land Use Chapter) and identified as PrimeFarmland or Farmland of Statewide lmportance on the Sfafe's lmportantFarmland lnventory, shall be planned and designed to remove as little land aspossib/e from potential agricultural production and to minimize impacts on topsoil
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Land Use Policy 3.2.2-4 - Agricultural:(3) Agricultural land shall be utilized for the production of food, fiber andornamentals; animal husbandry and care; uses accessory to agriculture andlimited temporary or public uses which are consrsfenf with agricultural oragri cu ltu ra I ly re I ated u se s
The proposed project is located on agriculturally zoned and designated land.According to the lmportant Farmland Inventory maps, the proposed project site islocated within an area that is characterized by "Prime" soils. The proposedproject would not convert prime agricultural land to a non-agricultural use. Theproposed project consists of the ongoing horticultural operation that involves thegrowing, harvesting and use of flowers and plants that are dyed, infused withfragrance, dried and assembled into bouquets and various other arrangementsfor bulk sale to outside vendors. The proposed activities are defined asagricultural operations in the Ventura County Non-Coastal Zoning Ordinance.
Based on the above discussion, the proposed project will be consistent withPolicies 3.2.2-4, and 1 .6.2-1.
6. Hazards - Hazardous Materials and Waste Policy 2.15.2-2= Site plans fordiscretlonary development that will generate hazardous wasfes or utilizehazardous materials shall include details on hazardous waste reduction,recycling and storage
The proposed project includes storage of diesel fuel that is typically associatedwith the operation of farm machinery. This hazardous material will be stored in adesignated building on site (Exhibit 3). Conditions of Approval Nos. 26,34 and35 require compliance with State regulations that assure the safe handling,storage and disposal of hazardous materials.
Based on the above discussion, the proposed project will be consistent with theHazardous Materials and Waste Policy 2.15.2-2.
T.Hazards - Noise Policy 2.16.2 states (in part): All discretionary developmentshall be reviewed for norse compatibility with surrounding uses. Nor'secompatibility shall be determined from a consrsfenf sef of criteria based on thestandards listed below. An acoustical analysis by a qualified acoustical engineershall be required of discretionary developments involvíng noise exposure ornorse generation rn excess of the established standards. The analysrs sha//provide documentation of existing and projected noise levels at on-site and off-site receptors, and shall recommend noise control measures for mitigatingadverse impacts.
(4) Noise generators, proposed to be located near any norse senstfiveuse, shall incorporate norse control measures so that ongoing outdoornoise levels received by the noise sensifive receptor, measured at the
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exterior wall of the buílding, does not exceed any of the followingstandards:a. LeqlH of 55dB(A) or ambient noise level plus 3dB(A), whichever is
greater, during any hour from 6:00 a.m. to 7:00 p.m.b. LeqlH of 50dB(A) or ambient noise level plus sdB(A), whichever is
greater, during any hour from 7:00 p.m. to 10:00 p.m.c. Leql H of 45dB(A) or ambient noise level plus 3dB(A), whichever is
greater, during any hour from 10:00 p.m.to 6:00 a.m.
The proposed project involves the continued operation of an existing agriculturalfacility. Thus, no substantial increase in existing noise levels is anticipated. ln anycase, the project would continue to generate noise and has been evaluated as a"noise generator." A January 24, 2012 noise impact study was prepared byAdvanced Engineering Acoustics to estimate the noise volumes resulting fromshipping operations associated with the proposed project.
The nearest noise sensitive use is a residence on Somis Road approximately100 feet from the project driveway entrance and exit. The proposed project willgenerate a minor volume of noise from the arrival and departure of medium andlarge-sized trucks. Due to the ambient noise in this area caused by traffic onState Route 34, the hourly average noise level at the residence along SomisRoad would not increase as a result of the proposed project. Note that the noiseof project-related trucks travelling on a State Highway is not subject to the abovenoise policy.
Based on the discussion above, the proposed project will be consistent with theNoise Policy 2.16.2-4.
D. ZONING ORDINANCE COMPLIANCE
The proposed project is subject to the requirements of the Ventura County NCZO.
Pursuant to the Ventura County NCZO S 8105-4, the proposed use is allowed in the AE-40ac. zone district with the granting of a CUP. Upon the granting of the CUP, thePermittee will be in compliance with this requirement.
The proposed project includes the use of buildings and structures that are subject to thedevelopment standards of the Ventura County NCZO (S 8106-1.1). Table 1 lists theapplicable development standards and a description of whether the proposed projectconforms to the development standards.
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Table I - Develo t Standards Gonsiste Anal ts
E. CUP FINDINGS AND SUPPORTING EVIDENCE
The Planning Director must make certain findings in order to grant a conditional use permitpursuant to g 81 11-1.2.1.1 of the Ventura County NCZO. The ability to make the requiredfindings is evaluated below.
1. The proposed development is cons¡stent with the intent and provisions ofthe County's General Plan and of Division 8, Ghapters I and 2, of theVentura County Ordinance Code [S 81 1 1-1.2.1.1.a].
Based on the information and analysis presented in Sections C and D of this staffreport, the finding that the proposed development is consistent with the intentand provisions of the County's General Plan and of Division 8, Chapters 1 and 2,
of the Ventura County Ordinance Code can be made.
2. The proposed development is compatible with the character ofsurrounding, legally established development [S 811 1-1.2.1.1 .b].
Development within the general vicinity of the project site consists primarily ofagricultural uses (e.9., nursery and row crops) mixed with rural residences.Development within the immediate vicinity of the project site includes ruralresidences to the west and southwest, and greenhouses and nursery operationsto the north and east. The ongoing horticultural operation is compatible with thecharacter of the surrounding agricultural uses and development. The existingbuildings would not be out of scale with existing uses and buildings within thearea.
Based on the above discussion, this finding can be made
3. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses [S 81f 1-1.2.1.1.c].
Gonforms?Type of RequirementZoning Ordinance
Requirement40 acres YesMinimum Lot Area (Gross)
Yes5%Maximum Percentage of Building Coverage20ft No. Existing Building 88
was previously approvedwith a 14 ft front setback. Nochanges are proposed.
Front Setback
YesSide Setback 10 ft15 ft YesRear Setback
YesMaximum Buildinq Heiqht 25 ft
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The existing horticultural operation will not generate noise that exceeds theacceptable levels established in County General Plan Policy. Conditions ofapproval have been imposed to ensure that project operations do not createadditional noise and lighting nuisances. The facility has been designed withadequate onsite parking to accommodate all employees. No aspect of the projecthas been identified that would be harmful or impair the use of neighboringproperties.
Based on the discussion above, this finding can be made.
4. The proposed development would not be detrimental to the public interest,health, safety, convenience, or welfare tS 8f I t1.2.1.1.d].
As indicated in Section B of this staff report, no signifícant environmental impactshave been identified that would result from the proposed project. lmposition ofCUP Conditions of Approval (Exhibit 5) will ensure that the existing uses and theproposed uses would be compatible with the neighboring agricultural uses.
These conditions regulate the hours of operation, outdoor lighting and glare, sitemaintenance, drainage, on-site parking, landscaping and circulation. The additionof on-site parking and landscaping is not expected to increase traffic as theexisting agricultural processing facility would not be substantially changed. Noaspect of the proposed project has been identified that would be detrimental tothe public interest, health, safety, convenience or welfare.
Based on the above discussion, this finding can be made.
5. The proposed development, if allowed by a Conditional Use Permit, iscompatible with existing and potential land uses in the general area wherethe development is to be located [S 8f I 1.1.2.1.1.e1.
Development within the general vicinity of the project site consists primarily ofagricultural uses (e.9., nursery and row crops) mixed with rural residences.Development within the immediate vicinity of the project site includes ruralresidences to the west and southwest, and greenhouses and nursery operationsto the north and east. The ongoing horticultural operation is compatible with thecharacter of the surrounding agricultural uses and development. The existingbuildings would not be out of scale with existing uses and buildings within thearea. Furthermore, the agricultural uses is the vicinity are anticipated to changein the foreseeable future given the agricultural zoning, the presence of primesoils and the provisions of the SOAR ordínance.
Based on the above discussion, this finding can be made
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6. The proposed development will occur on a legal lot [S 8111-1.2.1 1fl.
APNs 161-0-040-040 and 161-0-010-190 comprise a single legal lot asevidenced by Certificate of Compliance ("Legal Lot Certificate") recorded August5, 2004, Document No. 20040805-0215909 of Official Records of VenturaCounty.
Based on the discussion above, this finding can be made.
7. The establishment or maintenance of this use will not significantly reduce,restrict or adversely affect agricultural resources or the viability ofagricultural operations in the area [S 8f f ï1.2.1.2.a1.
The continued operation of the existing horticultural facility would not adverselyaffect the ongoing agricultural activities located on the project site and adjacentproperties.
Based on the discussion above, this finding can be made.
8. The structures will be sited to minimize conflicts with agriculture, and otheruses will not significantly reduce, restrict or adversely affect agriculturalactivities on-site or in the aÍea, where applicable [$ 8111-1.2.1.2.b1.
The continued operation of the existing horticultural facility would not convertagricultural land to a non-agricultural use and the proposed project would notsignificantly reduce, restrict or adversely affect agricultural activities on site or inthe area.
Based on the discussion above, this finding can be made
9. The use will be sited to remove as little land from agricultural production(or potential agricultural production) as possible [S 8111-1.2.1.2.c1.
The continued agricultural operations would not affect the ongoing agriculturalactivities on adjacent properties or in the vicinity. The proposed project does notinvolve the conversion of agricultural land to a non-agricultural use.
Based on the discussion above, this finding can be made
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10.The proposed hazardous waste collection, treatment and storage facility orhazardous waste disposal facility is consistent with the portions of theCounty Hazardous Waste Management Plan which identify siting criteria forhazardous waste facilities [S 81f 1.1.2.1.51.
The proposed project includes storage of diesel fuel that is typically associatedwith the operation of farm machinery. This hazardous material will be stored in adesignated building on site (Exhibit 3). Conditions of Approval Nos. 26,34 and35 require compliance with State regulations that assure the safe handling,storage and disposal of hazardous materials.
Based on the discussion above, this finding can be made
F PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJURISDICTIONAL COMMENTS
The Planning Division provided public notice regarding the Planning Director hearing inaccordance with the Government Code (S 65091), Ventura County NCZO (S 8111-3.1).The Planning Division mailed notice to owners of property within 300 feet of the propertyon which the project site is located and placed a legal ad in the Ventura County Star.As of the date of this document, no comments have been received.
G. RECOMMENDED ACTIONS
Based upon the analysis and information provided above, Planning Division Staffrecommends that the Planning Director take the following actions:
1. CERTIFY that the Director has reviewed and considered this staff report and allexhibits thereto, including the proposed ND and Addendum to the ND (Exhibit 4),and has considered all comments received during the public comment process;
2. FIND that the Addendum (Exhibit 4) to the Negative Declaration satisfies theenvironmental review requirements of CEQA;
3. MAKE the required findings to grant a Minor Modification of a CUP pursuant toSection 8111-1.2.1.1 of the Ventura County NCZO, based on the substantialevidence presented in Section E of this staff report and the entire record;
5. GRANT Modified CUP PL14-0093, subject to the conditions of approval (Exhibit 5)
6. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based.
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The decision of the Planning Director is final un¡ess appealed to the PlanningCommission within 10 calendar days after the permit has been approved, conditionallyapproved, or denied (or on the following workday if the 1Oth day falls on a weekend orholiday). Any aggrieved person may file an appeal of the decision with the PlanningDivision. The Planning Division shall then set a hearing date before the PlanningCommission to review the matter at the earliest convenient date.
lf you have any questions concerning the information presented above, please contactNicole Doner, at (805) 654-5042 or [email protected].
Pre red by:
icole Doner, Case Planner Brian R. Baca, ManagerCommercial and lndustrial PermitsSectionVentura County Planning Division
EXHIBITSExhibit 2- Aerial Location, General Plan and Zoning Designations, and Land Use MapsExhibit 3 - Project PlansExhibit 4 - ND and Addendum to the NDExhibit 5 - Conditions of Approval
l0.Proiect Description: The applicant requests that a Minor Modification ofConditional Use Permit (CUP) No. LU10-0071 be granted to authorize thecontinued operation of the existing commercial agricultural use for an additional2}-year period and to make various minor alterations in the use of existingstructures. The existing agricultural operation involves the growing, harvesting,dying, and import of flowers and other plants to be sold and utilized asornamentals. The proposed project includes the elimination of the previously-granted entitlements to construct an approximately 98,720 square foot (s.f.)building (referred to as building B-14) and to convert greenhouse building B-8 toa warehouse. The only residential use on the site will continue to be the existingcaretaker residence
The following changes in the use and structures are proposed:
800 South Victoria Avenue, L# 1740, Ventura, CA 93009 (805) 654-2481 Fax (805) 654-2509
EXHIBIT 4
234567
)
))
)
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1)
e)10)
11)12)13)14)
ND - AddendumPermit Case No. PL14-0093
March 3,2015Page 2 of 5
B.2,B,3, 84 and 85 buildings previously used as dormitories will be usedfor storage;86, 87 and 88 buildings will be used exclusively as greenhouses;89 building will rema¡n as a storage area without toilet facilities;Two 810 barns will remain as storage area totaling 5,160 s.f.;17 811-1 buiHings will remain as drying huts totaling 34,099 s.f.;17 811-2 buildings will be used as hoop houses totaling 32,400 s.f.;812 building will continue to be used for dyeing operations with a roofstructure totaling 5,214 s.f .;All cargo storage containers will be removed from the project site prior tothe issuance of a certificate of occupancy;9 portable toilets will be added;Landscape screening within the CUP boundary fronting Somis Road willbe added;Fire Department Turnaround and all weather access will be added;New hazardous materials storage building of 70 s.f. will be added;lnstallment of 101 parking spaces are proposed on a gravel surface; andContinued authorization of a Planning Director waiver of the bicycleparking requirement is proposed due to the remote project location andthe nature of the land use that precludes the use of bicycles
8)
Upon implementation of the requested permit, the site will have the followingstructures:
The proposed horticultural operation involves the use of flowers and plants that aredyed, infused with fragrance, dried and assembled into bouquets and various otherarrangements for bulk sale to outside vendors. The operation also includesassembly of "Carrots for Kids" kits of organic soil in biodegradable bags with carrotseeds as a toolto educate children in agricultural matters.
The proposed project will not alter the existing maximum number of 99 full timeequivalent ("FTE") employees nor does the Permittee propose to exceed a total of99 employees daily or during the hours of operation.The employees working on site as full-time permanent employees, contractemployees, and seasonal and part-time laborers engaged through labor agencieswill not exceed the total of 205,920 hours per year. No trees or native vegetationare to be removed as a result of this project.
Structure type (Building No.) Square footagePrincipal structures used for agriculturalprocessing and storaqe
Water to the project site will contínue to be provided by Ventura County WatenryorksDistrict 19. Sanitation is to be provided by portable restrooms and an individualsewage disposal system for the caretaker residence. Access to the site will beprovided by a25-foot wide driveway from Somis Road.
STATEMENT OF ENVIRONMENTAL FINDINGS:
On June 9, 2008, the Planning Director adopted a Negative Declaration (ND) thatevaluated the environmental impacts of the continued operation and expansion of anexisting agricultural operation. This operation involves growing, harvesting, andimporting flowers and other plants for sale and use as ornamentals. The ND evaluatedthe environmental impacts of the following project components:
1 . A 1S-year extension of the effective period of the permit,2. Construction of a 98,500 square foot building with office space to support
agricultural crop processing;3. Demolition and replacement of an existing 5,214 square foot dyeing building,
and;4. Actions necessary to abate identified permit and ordinance violations. These
actions included the conversion of dormitories to storage use, removal ofunpermitted structures and removal of temporary containers.
Section 15164(b) of the CEQA Guidelines (Title 14, Califomia Code of Regulations,Chapter 3) states that the decision-making body may adopt an addendum to anadopted ND if: (1) only minor technical changes or additions are necessary; and, (2)none of the conditions described in Section 15162 of the CEQA Guidelines calling forthe preparation of a subsequent EIR or negative declaration have occurred.The conditions described in Section 15162 of the CEQA Guidelines which require thepreparation of a subsequent ND are provided below, along with a discussion as to whya subsequent ND is not required:
1. Substantial changes are proposed in the project which will require majorrevisions of the previous ND due to the involvement of new significantenvironmental effects or a substantial increase in the severity of previouslyidentified significant effects [S1 5162(aX1 )l;
The proposed project involves a subset of the land use entitlements previouslyreviewed for environmental impacts in the adopted ND. Several components of thepreviously reviewed and approved project have been eliminated in the currentproposal. No substantial changes to the floral operation beyond what waspreviously approved are proposed.
Therefore, there are no new significant environmental effects that will require majorrevisions of the previous ND.
ND - AddendumPermit Case No. PL14-0093
March 3,2015Page 4 of 5
2. Substantial changes occur with respect to the circumstances under whichthe project is undertaken which will require ma¡or revisions of the prev¡ousND due to the involvement of new significant environmental effects or asubstantial increase in the severity of previously identified significant effects[$r5162(a)(2)]; or,
No significant increase in new construction beyond what was previously analyzedand approved for the previous ND is proposed. ln any case, the existing baselineconditions that existed at the time of the previous review have not changed suchthat major revisions of the ND are required.
3. New information of substantial importance, which was not known and couldnot have been known with the exercise of reasonable diligence at the time thePlanning Commission adopted the previous ND, shows any of the following:a. The project will have one or more significant effects not discussed in the
previous ND [S1 51 62(aX3XA)l;
Approval of this project does not involve a significant increase in the buildingsquare footage nor a significant increase in truck and delivery traffic. Nosignificant increase in new construction beyond what was previously analyzed ín
the adopted ND is proposed. The existing baseline conditions that existed at thetime of the previous review have not changed such that major revisions of the NDare required.
Therefore, based on the information provided above, there is no substantial evidenceto warrant the preparation of a subsequent ND. The decision-making body shallconsider this addendum to the adopted ND prior to making a decision on the project.
C. PUBLIC REVIEW:
Pursuant to the State CEQA Guidelines tS15164(c)1, this addendum to the ND doesnot need to be circulated for public review, and shall be included in, or attached to,the adopted ND.
Prepared by
Brian R. Baca, ManagerCommercial and lndustrial PermitsSection
by:
Nicole Doner, Case Planner
ND - AddendumPermit Case No. PL14-0093
March 3,2015Page 5 of 5
The Planning Director finds that this Addendum has been completed in compliance withthe Californ¡a Environmental Quality Act.
Kimberly L. Prillhart, Planning Director Date
Attachments: ND for CUP 4495-2 (1U04-0078)Site Plan for PL14-0093
RESOURCE MANAGEMENT AGENCY
@untgof venturaPlanning Division
Kimberly L. RodriguezDirector
N EGATIVE D ECI.^AR^ATI ON
A. PROJECT DESGRIPTION:
Entitlement: Major Modification #2 Conditional Use Permit (CUP) 4'4;95 -Gase No. LU04-{1078
Applicant: Floral Gift and Home Décor lntemational, lnc.
Location: 3756 Somis Road in the Gommunity of Somis
Proiect Description: The applicant, Floral Gift and Home Décor, requests anextension of CUP 4495 for an additional 15 years to continue the agriculturaloperatÍon that involves the growÍng, harvesting, as well as import of flowers andoiher plants to be sold and utilized as ornamentals. The proposed horticulturaloperation would involve the use of flqvers and plants that are dyed, infused withfragrance, dried and assembled into bouquets and various other arrangernentsfor bulk sale to outside vendors. The proposed project involves a majormodification to construct an approximately 98,50O square foot building (referredto as building B-14) to support existing agricultural crop processing and providefor offìce space. ln addition, various structural and use changes are proposedas a part of the project including demolitionlremovallrelocation of certainstructures. Exhibit "8", Site Plan, details these proposed changes involving thefolloning: 1) Building 82, 83, and 84 used as dormitories to change to storage;2) Building 85 currently used as dormitorylpaekaging area to change to storage;3) Buildings 86, 87, and BB will all be used exclusively as greenhouse use; 4)Building Bl2 currently used for dyeing area to be demolished and relocatedadjacent to and east of ne\i/ proposed building 814 far continuation of dyeingopèratíons; and 5) all structures referred to on site plan as 813 (cargo storagecontainers) witl be removed ftom the project site.
STATEMENT OF ENVIRONN'ENTAL FINDINGS:State tarn requires that an lnitial Study (ervironmental analysis) be conducted todetermine if this project could significantly affect the environment. Based on the
findings contained in the attached lnitial Study, it has been determined that tt'lis
B"
@800 South Victoria Avenue, L#'1740, Ventura, CA 93009 (805) 654-2481 Fax (805) 654-2509
Pr¡nted on Recycled PaPer €þ
Negative Declaration Major Modification#2to CUP 4495Page 2 ot 2May 20, 2008
c.
D
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project will not have a significant effect on the environment, and a Negative
Declaration has been PrePared.
PUBLIC REVIEW:l-eqal Not¡"e Method: Direc{ mailing to property owners within 30O feet ofpr"posed pioject boundary, and a legal notice in a newspaper of general
circulation-
Document Postinq Period: The public review period is from May 2O,2008
to June 9, 2008,
Public Review: The lnitial Study prepared for this proposed project has
Oeterm¡ned that the project will not have adverse environmental impacts- The
Initial Study/Negative Declaration is available for public review at the County of
Ventura, Resource Management Agency, Planning Department, 800 South
Victoria Avenue, Ventura, California from 8:00 am to 5:OO pm Monday through
Friday.
Comments: The public is encouraged to submit written comments regarding
thts Negattve Declaratíon no later than 5:O0 p.m. on the last day of the above
posting period to Case Planner, Nicole Doner, at the County of Ventura
itesou¡ce Management Agency, Planning Department, 80O South Victoria
Avenue L#174O, Ventura, CA 93009. The Planning Division's FAX number is(805) 654-2509. You may also e-mail the Case Planner at
nicole. doner@ventura -org.
CONSIDERATION AND APPROVAL OF THE NEGATIVE DECL/AR/ATION:
erior to approving the projec{, the decision-making body of the Lead Agency
must consider this Negative Declaration and all comments received duringpublic review- That body shall approve the Negative Declaration if it finds that
the project will not have a significant effect on the environment.
Prepared by: Reviewed for Release to the Public by:
,o(ÂNicole Nancy Francis, Manager
Land Use Permits Section(8O5) 654-5042
Recommended for byLead
I
Planning Divisionirector
SECTION APROJECT DESCRIPTION
PROJECT: Maior Modification #2 to GUP 4495Permit Renewal/Facilities Expansion
Conditional Use Permit Case No. LU04'0078APPL¡CANT: Floral G¡ft and Home Décor lnternational, lnc.LOCATION: 3756 Somis Road in the Community of Somis
Proiect Locationfne proiect .site is located within the unincorporated area of Ventura Cgu¡ty at 3756Somis Road, located approximately 400 feet south of the intersection of State Route118 and Somis Road, in the community of Somis. (See Exhibit "A," Project VicinityMap.)
Proiect Size a¡'¡d Phvsical DescriptionThe project site consists of the following:
The subject parcel is currently used for Floral Gift and Home Décor ornamentals, ahofticultural operation in which flowers and other plant products are dyed, dried andassembled into bouquets and various other arrangements for bulk sale to outsidevendors. The subject property is developed with the following: 1) an approximately2,480 square foot (s.f.) caretaker residence and attached porch; 2) four approximately4,630 s.f. storage rooms (formerly dormitories); 3) approximately 139,000 s.f. ofgreenhouse/drying houses; an approximately 268 s.f. toileVstorage room; approximately37,OOO s.f. of pole barns; approximately 20,000 s.f of drying huts; approximately 5,200s.f. of tents (for dyeing area); 32,000 s.f. of cargo storage containers; interior accessroads; utility lines and poles; fencing; a sign at the entrance to the site; private septic
system; and, open field production areas.
lnitial Study for LUA-0078Major Modification #2 to CUP ¿U95
Page 1 of 29
The property is relatively flat, sloping gradually from the nofthwest to the southeast.The majority of the subject property is devoid of native vegetation and either occupiedby row õrops or structures, although some native vegetation such as willows and otherriþarian species are located along the north, south and eastern property boundaries.There are also a number of non-native trees along the property boundary, inclusive of adominant eucalyptus windrow on the western property line. Two points of access areprovided along the western property line, by an approximately 30 foot wide drivewayfrom Somis Road.
Development within the general vicinity of the project site consists primarily ofagricultural uses (e.g., nursery and row crops) mixed with rural residences.Development within the immediate vicinity of the project site includes rural residencesto the west and southwest, and greenhouses and nursery operations to the north andeast.
Proiect Description
Pursuant to the Ventura County Non-Coastal Zoning Ordinance, S8105-4, greenhousesgreater than 10O,OOO s.f. in size in the Agricultural Exclusive (A-E) zgne re_quire aÞlanning Commission-approved Conditional Use Permit. The applicant, Floral Gift andHome Dtcor, requests an extension of CUP 4495 for an additional 15 years to continuethe agricultural óperation that involves the growing, harvesting, as well as import offlowers and other plants to be sold and utilized as ornamentals. The proposedhorticultural operation would involve the use of flowers and plants that are dyed, infusedwith fragrance, dried and assembled into bouquets and various other arrangements forbulk saie to outside vendors. The proposed project involves a major modification toconstruct an approximately 98,500 square foot building (referred to as building B-14) tosupport existing agricultural crop processing and provide for office space.
Various proposed structural use changes and structure demolition lremoval/relocationare proposed as a part of the project. Exhibit "8", Site Plan, details these proposedchanges involving the following: 1) Building B,2, B,3, and 84 used as dormitories tochange to storage; 2) Building 85 currently used as dormitory/packaging area tochange to storaée; 3) Buildings 86, B.7, and 88 will all be used exclusively a9greenhouse use; 4) Building 812 currently used for dyeing area to be demolished andielocated adjacent to and east of new proposed building 814 for continuation of dyeingoperations; and 5) all structures referred to on site plan as 813 (cargo storagecontainers) will be removed from the project site.
No housing other than one existing caretaker residence would continue to be providedonsite. The proposed project would not alter the existing number of employees (70).The applicant does not propose to exceed a total of 70 employees.
Runoff from the development area being disturbed would be directed to a proposeddetention area directly adjacent and south of proposed building B-14. The proposedproject would not involve disturbance of the drainage courses and associated ripariannab¡tat located along the eastern and southern portions of the project site. No trees ornative vegetation would be removed as a paft of the proposed project operations orexpansion.
lnitial Study for LU0+0078Major Modificat¡on #2 to CUP 4495
Page 2 of 29
Water would continue to be provided by an existing agricultural water well and VenturaCounty Watenryorks District 19. Sanitation would be provided by poftables, an existingseptic system, and a new proposed septic system associated with the new construction.
The area that would be subject to the proposed Conditional Use Permit would includethe entirely of the subject property (See Exhib¡t "8," Site Plan, Floor Plans, and BuildingElevations.)
Proiect Historv
APNs 161-0-040-040 and 161-0-010-190 combined comprise a legal lot as evidenced byCertificate of Compliance ("Legal Lot Certificate") recorded August 5, 2OO4, DocumentNo. 20040805-0215909 of Official Records of Ventura County.
Conditional Use Permit (CUP) 4495 was approved on December 12, 1989 for theconstruction of drying houses, and recognition of existing structures including additionaldrying houses and storage structures for chemicals for the process of drying and dyeingof eucalyptus and baby's breath flowers. The applicant's permit since expired andproposed Modification No. 2 serves to extend the CUP life as well as rectify anoutstanding violation case (2V04-0184) involving Building and Safety violations as well asPlanning violations including illegal offices and dwellings. The violations are activelybeing abated at this time and most violations have been addressed. In suppoft of abatinga poftion of these violations and to provide a building to continue drying and dyeingoperations (per Fire Department requirements) the applicant has proposed a newapp roxi mately 98, 500 square foot off ice/packag i n g/p rocessi n g bu i ldi n g.
CUP 4495 Modification No. 2 includes a more detailed project description of existingonsite operations than had been provided in the past. This detail was obtained throughvarious iterations with the applicanVagent to ensure full and complete disclosure of allrelevant onsite activities occurring to date. The modified project description includes thegrowing and harvesting of various crops (including baby's breath, eucalyptus, twistedwillow) as well as importation of plant material from areas inside and outside the County,the dyeing and drying of the resultant flower and branch products, the infusion offragrance into the treated flowers and branches, and the subsequent assembly of thedried/treated flowers and branches into ornamental varieties packaged into bouquets orpotpourri for retail sale.
lnitial Study for LUU-0078Major Modificat¡on #2 to CUP 4495
Page 3 of 29
SECTION BINITIAL STU CHECKLIST
PROJECT: Maior Modification #2 to GUP 4495Permit Renewal/Facilities Expansion
Conditional Use Permit Case No. LU04'0078APPLICANT: Floral G¡ft and Home Décor lnternational, lnc.LOCATION: 3756 Somis Road in the Gommun of Somis
CUMULATIVE IMPACTDEGREE OF EFFECT-
PROJECT IMPACTDEGREE OF EFFECT-
PS.M PSPS.M PS NN LS
ISSUE(RESPONSIBLE DEPARTMENT)
XXGENERAL: GENERAL PLAN ENVIRONMENTAL1
GOALS AND
LAND USE2.XX
CHABACTERA.XX
B.XX
c.G
LAND USE:
AIR OUALITYXX
A,XX
4. wXX
A. GROUNDWXX
ATERB.XX
RFACE WATERXX
D. SURFACE WATER QUALITY
RCES5.XX
AGGREGATEXX
B, PETROLEU
RESOURCES:6.XX
A. ENDANGERED, THREATENED,OR
XX
B. WETLAND HABITATXX
C. COASTAL HABITATXX
DORSD.XX
E. LOCALLY IMPORTANTSPECI
AGRICULTURAL DEPT7XX
A. SOILS
RESOURCES:
lnitial Study for LU04-0078Major Modification #2 to CUP 4495
Page 4 of 29
CUMULATIVE IMPACTDEGREE OF EFFECT-
PROJECT IMPACTDEGREE OF EFFECT-
N LS PS-M PSN LS PS-M PS
ISSUE(RESPONSIBLE DEPARTMENT)
XX
B. WATERXX
c. CRO-CLIMATEXX
XX
E, LAND USE IMCOMPATIBILIry
8. VISUAL RESOURCES:XX
A. SCENIC HIGHWAY (PLNG.)XX
IC AREA/FEATUREX X
9. RESOURCES
10. culXX
A. ARCHAEOLOGICALXX
B. HISTORICALXX
C. ETHNIC, SOCIAL OR RELIGIOUSXX
11. ENERGYRESOURCESXX
12. COASTAL BEACHES & SANDDUNES
13. SETSMIC HAZARDS (PWA):
XXA. FAULT RUPTURE
XXB. GROUND SHAKING
XXC. TSUNAMI
X XD, SEICHE
X XEFACTION
14. GEOLOGIC HAZARDS (PWA):
XXA. SUBSIDENCE
XXB. EXPANSIVE SOILS
X XC. LANDSLIDES/MUDSLIDES
15. HYDRAULIC HAZARDS (PWÁ/ìI/PD):
XXA. EROSION/SILTATION
XXB. FLOODING
XX
HAZARDS
16. AVTATION HAZARDS (AIRPORTS)XX
17. F|RE HAZARDS (FIRE)
18. HAZARDOUS MATERIALS/WASTE
Initial Study for LU04-0078Major Modification ll2 to CUP 4495
Page 5 of 29
CUMULATIVE IMPACTDEGBEE OF EFFECT-
PROJECT IMPACTDEGREE OF EFFECT*
N LS PS.M PSN LS PS-M PS
ISSUE(RESPONSIBLE DEPARTMENT)
XX
A. ABOVE.GROUND HAZARDOUSMATERIALS (FIRE)
XXB. HAZARDOUS MATERIALS
XX
c. HAZARDOUS WASTE (EH)XX
19. NOISE AND VIBRATIONXX
20. GLAREXX
21. PUBLIC HEALTH (EH)
22. TRANSPORTATIO},I/CIRGULATION:
A. PUBLIC ROADS AND HIGHWAYS
XX(1) LEVEL OF SERVICE (PWA)
XXSAFETY/DESIGN
XXTACTICAL ACCESS
B. PRIVATE ROADS AND DRIVEWAYSXX
(1) SAFETY/DESIGNXX
(2) TACTICAL ACCESS
C. PEDESTRIAN/BICYCLE:
XX(1) PUBLTC FACTLTÏES (PWÐ
XX(2) PRTVATE FACTLTïES
XX
D. PARKING (PLNG.)XX
E. BUS TBANSITXX
F, RAILROADSXX
G. AIRPORTS (AIRPORTS)XX
H. HARBORS (HARBORS)XX
I. PIPELINES
25. WATER SUPPLY:XX
A. OUALTTY (EH)XX
B. OUANTITY (PWA)XX
C. FIRE FLOW
24. WASTE TREATMENT/DISPOSAL:
PUBLICFACILITIES &SERVICES
lnitial Study for LU04-0078Major Modilication lt2 to CUP 4495
Page 6 of 29
PROJECT IMPACTDEGREE OF EFFECT-
CUMULATIVE IMPACTDEGREE OF EFFECT-
N LS PS-M PSN LS PS.M PS
ISSUE(RESPONSTBLE DEPARTMENT)
X X
A. INDIVIDUAL SEWAGE DISPOSALX X
B. SEWAGEXX
C. SOLID WASTE MANAGEMENT (PWA)X
D. SOLID WASTE FACILITIES (EHD)X
25. UTILITIES:X X
A. ELECTRICX X
B. GASX X
C. COMMUNICATION
26. FLOODCONTROUDRAINAGE:X X
A. WPD FACILITY (WPD)X X
B. OTHER FACTLTTTES (PWA)
27. LAWENFORCEMENT/EMERGENCYSVS.(SHERIFF):XX
A. PERSONNEUEQUIPMENTXX
B. FACILÍTIES
28. FrRE PROTECTTON (F|RE):X X
A. DISTANCE/RESPONSE TIMEX X
B. PEBSONNEUEQUIPMENT/FACILITIES
29. EDUCATION:X X
A. SCHOOLSX x
B. LIBRARIES (LIB. AGENCY)
30. REGREATION (GSA):XX
A, LOCAL PARKS/FACILITIESXX
B, REGIONAL PARKS/FACILITIESXX
C. REGIONAL TRAILS/CORRIDORS*DEGREE OF EFFECT:
N = No lmpact.LS = Less Than SignificantPS-M = Potentially Significant lmpact Unless Mitigation lncorporatedPS = Potentially Significant lmpactAGENCIES:APCD - Air Pollution Control District Airports - Department Of AirportsPWA - Public Works Agency Fire - Fire Protection DistrictPlng. - Planning Division Sheriff - Sheriff's DepartmentGSA - General Services Agency GSA - General Services Agency
lnitial Study for LUA-0078Major Modification #2 to CUP 4495
Page 7 of 29
SECTION CINITIAL STU DY. DISCUSSION OF RESPONSES
PROJECT: Maior Modification #2 to GUP 4495Permit Renewal/Facilities Expansion
Conditional Use Permit Case No. LU04'0078APPLICANT: Floral G¡ft and Home Décor lnternational, lnc.LOCATION: 3756 Somis Road in the Community of Somis
GENERAL
1. GENERAL ENVIRONMENTAL GOALS AND POLICIES:The Ventura County General Plan conlains a number of goals, policies and programs that
are used to evaluate proposed projects within the unincorporated county. Many of thesegoals and policies do not apply to the proposed project either because of its location (e.9.,
it is outside the area considered by the General Plan goal or policy [coastal zone, dam
inundation areas), or because the project is not a land use considered by the goal orpolicy. The General Plan programs are a coordinated set of measures to be implementedby Cbunty staff and other public agencies to carry out the goals and policies. As thepioposed project does not violate or hinder implementation of any of these programs, theproject is considered to be consistent with all the General Plan Environmental Goals and
Policies.
To determine project consistency with the General Plan goals and policies, only thepolicies are normally evaluated unless: (1) a policy is so vague that a related goal needs
to be evaluated so as to clarify the intent of the specific policy; (2) there is a specific
feature about the project as it relates to a specific policy which requires evaluation of aspecific goal; or, (3) a goal addresses issues which are not covered by specific policies.
Where a goal and a policy overlap, only the policy is evaluated. These principles are
derived from the fact that the policies are considered to be specific, "guiding day-to-dayactions" that are designed to implement the much more generalized goals.
Upon review of the Ventura County General Plan, using the principles discussed above,
and the environmental analyses contained in this Initial Study, the proposed project is
considered to be consistent with all the goals, policies, and programs of lhe Ventura
County General Ptan. The following analysis complies with General Resource Policies1.1.2.1 and 1 .2.2.2, which require an assessment of the proposed project's individual
and cumulative impacts to resources in compliance with the California Environmental
Quality Act, and identification of mitigation measures to avoid creating a significantimpact to the environment. Other relevant general plan sections are referenced in theirrespective impact discussion sections, which follow'
The Ventura County General Plan, General Land Use Map Figure 3.l, designates thesite as "Agricultural." The property is zoned Agricultural Exclusive (A-E), 40 acre-
minimum farcel size. The proposed project site is not located within the Sphere oflnfluence of a City or within a Greenbelt. Greenhouses that exceed 100,000 s.f. in sizeare conditionally permitted uses in the A-E zone.
Based on the above designations and with a renewed approval of Conditional Use Permit
4495 (LUO4-0078), the proposed operations are considered consistent with the Ventura
lnitial Study for LU04-0078Major Modification #2 to CUP 4495
Page I of 29
County General Plan and lhe Ventura County Non-Coastal Zoning Ordinance. This
consistency results in no adverse impacts relative to the County General Plans.
Source Document: Ventura County General Plan (Revised December 2005) andVentura County Non-Coastal Zoning Ordinance
LAND USE
2. LAND USE:
Item A - CommúrÍitv Characterapproximately450feetsoutheastoftheLewisRoad/Los
Angeles Avenue (Highway 1 18) intersection in the community of Somis. Developmentwitñin the general vicinity of the project site consists primarily of agricultural uses (e.9.,nursery anð row crops) mixed with rural residences. Development within the immediatevicinity of the project site includes rural residences to the west and southwest, andgreenhouses and nursery operations to the north and east. The applicant, Floral Giftánd Home Décor, requests an extension of CUP 4495 for an additional 15 years tocontinue an existing agricultural operation that involves the growing, haruesting, as wellas impoft of floweis and other plants to be sold and utilized as ornamentals. Theproposed project also involves a major modification to construct an approximatelyþB,SOO squaré foot building to support existing agricultural crop processing and providefor office space. No changes in the number of employees (70) are proposed. Theproject site would be located on the approximately 48.62 acre lot and does not includedevelopment offsite that has the potential to divide the physical arrangement of thesurrounding community. The proposed building would be located in an existingdisturbed lócation in the central poftion of the property and would not exceed a heightoÍ 25 lz feel. The proposed continuation of use and the proposed building would not beout of scale with existing uses and buildings within the area. Therefore, no adverseimpact to community character is expected.
Source Document: Ventura County lnitial Study Assessment Guidelines (Revised
December 2005).
Item B - HousinqConstruction jobs created by the project have a potential impact on the demand foradditional housing. However, since construction is estimated to be short-term,construction worker demand for housing is considered less than significant. Theproposed project would not remove existing housing. ln addition, the proposed projectwould not increase the number of full time employees (70) at the facility. Therefore, theproject contribution to the cumulative housing demand is considered to be less thansignificant.
Source Document: Ventura County Initial Study Assessment Guidelines (Revised
December 2005).
Item C - Growth lnducementAs discussed above (see ltem #1), the proposed project is within an area that isdesignated for agricultural uses and would be consistent with other agricultural uses
within the vicinity of the project site. The proposed project does not include theconstruction of any public or private roads, and does not include an extension of, or
lnitial Study for LUM-0078Major Modification #2 to CUP 4495
Page I of 29
increased demand for, public utilities beyond what currently exists. Water would continue
to be provided by an existing agricultural water well and Ventura County Waterworks
Districi I g. Sanitation would be provided by portables and onsite septic systems.
Therefore, the project is expected to have no adverse impacts to growth inducement.
Source Document:December 2005).
Ventura County tnitial Study Assessment Guidelines (Revised
RESOURCES
3. AIR QUALITY:
Item A - Reqional Air Qualitv lmpactsobytheapplicantandtheURBEMlS2oo7(9.2.2)
computer modeling program, air quality impacts will be below the 25 pounds per day
threshold for reactive organic compounds and oxides of nitrogen as described in the
Ventura County Air Quality Assessment Guidelines (see attached print-out). Therefore,
the project would have a less than significant impact on regional air quality.
Source Documents: Memo from Aticia Stratton, Air Pollution Control District(November 6, 2007), IJRBEMTS 2OO2 (Version 8.7.0), and Ventura County Air QualityAssessme nt Guidelines (2000).
Item B - Local Air Qualitv lmPactsDust and particulate matter generated by ground disturbance activities would generate
local air quality impacts; however, compliance with the Air Pollution Control District's
standard condit¡ons to minimize fugitive dust and particulate matter would ensure that
local air quality impacts would be less than significant.
Source Documents: Memo from Aticia Stratton, Air Pollution Control District(November 6, 2007), |JRBEM\S 2OO2 (Version 8.7.0), and Ventura County Air QualityAssessme nt Guidelínes (2000).
4. WATER RESOURCES:
Item A - Groundwater QuantiWDomesttc.ryater selvice is provided by Ventura County Waterworks District #19, and
agricultural water is supplied from an active water well and located on the subjectpioperty. Wastewater disposal is handled by a combination of portable water toilets
and an-on-site septic system. The project is within the jurisdiction of the Fox Canyon
Groundwater Management Agency (FCGMA), and also lies within the essentially
confined East Las Posas Groundwater Basin. The FCGMA has established mitigation
measures for increased groundwater use are controlled by the FCGMA ordinance'
There would be a less than significant impact to groundwater quantity, as
groundwater quantity is regulated by the Fox Canyon Groundwater Management
Agency.
Source Document: Memo from Gerhardt Hubner, Watershed Protection District - Water
& Environmental Resources Division (November 12,2007)lnltial Study for LU04'0078
M aj o r M od i r i c a*, * ;: å1i #i1,
Item B - Groundwater QualiUGroundwater quality impacts have been identified and project conditions of approval willmitigate cumulative impacts to groundwater. As such, impacts to groundwater qualityare deemed to be less than significant.
Source Document: Memo from Gerhardt Hubner, Watershed Protection District - Water& Environmental Resources Division (November 12,2007)
Item C - Surface Water QuantiWThe Watershed Protection District reviewed the Preliminary Hydrology Report preparedby Jensen Design and Survey, dated September 26,20O7 and revised April 29, 2008.This report proposes to provide a 19,000 cf basin to mitigate the peak flow from thesite. This volume is very close to the full retention volume of 19,500 cf for 3 acres ofimpervious area as proposed in previous District studies to mitigate the 100-yeardeveloped peak to the 10 year undeveloped peak and so should reduce the impact toless than significant. The plans provided also indicate the southwest corner of theproposed facility to being outside of the bed and bank of the Fox Barranca.
Pursuant to the Watershed Protection District's standards, the proposed project wouldbe required to provide detention with no increase in runoff in any frequency storm.Therefore, impacts relating to surface water runoff would be Iess than significant.
Source Document: Memo from Sergio Vargas, Public Works Agency, Ventura CountyWatershed Protection District (May 1, 2008).
Item D - Surface Water QualiWAs discussed above fltem #4(A)1, irrigation runoff would be captured and recycled into aproposed on-site lined recycling basin. In addition, the proposed project would berequired to comply with all conditions and requirements of the Ventura CountywideStormwater Quality Management Program, National Pollutant Discharge EliminationSystem (NPDES) Permit No. CASOO4OOZ (Stormwater Permit). The project would berequired to employ NPDES best management practices in accordance with the VenturaCountywide Stormwater Program "Technical Guidance Manual for Stormwater QualityControl Measures" (Technical Guidance Manual), the California Stormwater QualityAssociation (CASQA) 'BMP Handbooks," and/or other approved reference documentscited in the Stormwater Permit.
The proposed project also would be required to comply with all design requirements ofthe Stormwater Quality Urban lmpact Mitigation Plan (SQUIMP) provisions as issued inthe Ventura Countywide Municipal Stormwater Permit (Stormwater PermitC4S004002). The provisions applicable to all SQUIMP categories include conseruingnatural areas, minimizing pollutants of concern, protecting slopes and channels,providing storm drain signage and stenciling, properly designing outdoor materialstorage areas, properly designing trash enclosures, furnishing proof of on-going BMPmaintenance, and properly designing structural or treatment control BMPs. Theapplicant would be required to use the Ventura Countywide Stormwater Program"Technical Guidance Manual for Stormwater Quality Control Measures" (TechnicalGuídance Manual) as the basis of NPDES mitigation design. Compliance with NPDESand SQUIMP requirements would ensure that impacts to surface water quality would beless than significant.
lnitial Study for LU04-0078M ai o r M od i f i c ar, * *
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Source Document: Memo from Chris A. Stephens, Public Works Agency, Watershed
Protection District (November 5, 2007).
5. MINERAL RESOURCES:
Item A - AqqregateAggtegate resources consist of sand, gravel, and crushed rock used in the construction
ináustry. The Ventura County General Ptan and Ventura County Zoning Ordinance
include Mineral Resource Protection (MRP) areas and overlay zones (respectively) for
areas where important mineral resources do or may exist and the extraction of these
resources may be a compatible land use. The proposed project is not located in, or
within the vicinity of, the MRP zone. Therefore, the project is expected to have noadverse impacts on aggregate resources.
Source Documents: Ventura County General Plan, Resource Protection Map, Figure 1,
and Ventura County Non-Coastal Zoning Ordinance.
Item B - Petroleum@aVenoadverseimpactonpetroleumreSourcesbecausetherearesufficient resources to meet local needs. Oil resources are considered a worldwide,
national and statewide resource, which is beyond the scope of local governments to
effectively manage or control. A Special Use Permit (Case No. SUP-2825) was issued forthe subjóct proþerty in 1967 for oil and gas production; however, no oil and gas
productiôn currently exists on, or within the vicinity of, the project site that could be
i-rampered by the proposed project. Therefore, the proposed project would have noadverse impact on the extraction of, or access to, petroleum resources.
Source Documents: Ventura County tnitial Study Assessment Guidelines (Revised
December 2005) and slJP-2825 case File (updated July 3, 1972).
6. BIOLOGICAL RESOURCES:
The project consists an extension of P 4495 for an additional 15 years to continuean agricultural operation that involves the growin g harvesting, as well as imPoft offlowers and other Plants to be sold and utilized as ornamentals. The proPosed
hofticultural operation would involve the use of flowers and plants that are dyed, infusedwith fragrance, dried and assembled into bouquets and various other arrangements forbulk sale to outs ide vendors. The proPosed Project also involves a major modificationto construct an approximately 98,500 square footagricultural crop processing and provide for office space.
building to support existing
The subject parcel is currently used for Floral Gift and Home Décor ornamentals, ahorticuftúral óperation in whicñ flowers and other plant products.are dyed, dried and
assembled inio bouquets and various other arrangements for bulk sale to outsidevendors. The subjeit property is developed with the following: 1)- an approximately2,480 square foot (s.f.) caretalier residence and attached porch;2) .lour approximately¿,OgO s.t. storage ro'oms (formerly dormitories); 3) approximately 139,000 s.f ' ofgreenhouse/drying houses; an approximately 268 s.f. toileUstorage room; approximatelyãZ,OOO s.f . of þole barns; approximately 20,000 s.f of drying huts;. approximately 5,200s.f. of tents (fòr dyeing area); 32,OOO s.f. of cargo storage containers; interior access
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roads; utility lines and poles; fencing; a sign at the entrance to the site; private septicsystem; and, open field production areas.
The majority of the project site has been previously disturbed due to past agriculturalactivities and the northwestern portion of the project site is currently developed asdescribed above. No endangered, threatened, or othenruise sensitive species areexpected to occur within the confines of the site, nor in locations where proposedstrucutral development and alterations wilt occur. Long term use of the site foragricultural purposes has minimized its value to wildlife species and sensitive speciesare not expected on site. Therefore there will be no adverse impacts to endangered,threatened or rare species as a result of this project.
Ventura County significant wetlands (per Policies 1.5.2.3 and 1.5.2.4 of the VenturaCounty General Plan) are located partially within and alongside the eastern andsouthern project boundaries. Proposed structural development would be located atleast 500 feet from the drainages/creeks located along the southern and eastern projectboundaries. The proposed project would not involve disturbance of the drainage coursesor associated riparian habitat located along the southern and eastern project boundaries,and would not involve development below the high water mark for these drainages. Asproposed, a Streambed Alteration Agreement from the Deparlment of Fish and Game,a Section 4O4 permit and associated Section 401 certification from the US Army Corpsof Engineers and the Regional Water Quality Control Board (respectively) would not berequired. Therefore there will be less than significnat impacts to wetlands as a resultof the project proposal.
ItemG-Coastal HabitatThe project site does not lie within the coastal area. Therefore, there will be noadverse impacts to coastal resources as a result of this project.
Existing hofticultural operations extract vegetation grown in the agricultural fields (rowcrops) on the project site. However, on occasion, the project may involve trimming ofthe perimeter eucalyptus trees. The Federal Migratory Bird Treaty Act (MBTA) and theCalifornia Department of Fish and Game (CDFG) Code (3503, 3503.5, 3511, 3513 and
rds. Project-related impacts to birds protected by theseoccur during the breeding season (February 1" throughadult birds, eggs and chicks are unable to escape during
vegetation clearing, tree removal, demolition, or grading activities. When there ispotential habitat for native birds to nest that would be impacted by a discretionarypermit action, the impact is potentially significant. ln compliance with the federalMigratory Bird Treaty Act and California Department of Fish and Game Codes 3503,3511,3513, and 3800, native birds shall be avoided while nesting during all anytrimming or tree alteration activies on the subject property. Nesting birds can beavoided by commencing these activities outside of the breeding and nesting season(February 1 - August 15), or by conducting a pre-construction suruey by a qualifiedbiologist for active bird nests and avoiding nests until juvenile birds have vacated thenest. A standard condition to avoid native nesting birds during construction activitieswould make this potential impact less than significant.
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continued product¡on of ornamentals on-site and, therefore,conversion of prime Soils to a non-agricultural use. Therefowould have no adverse impact on agricu¡tural soils.
Although no lighting has been proposed as part of the project, standard conditions of
approvãl will be required to ensure lighting is downward directional and does not
iligminate natural areas and other offsite locations. Based on the long term agricultural
use of the subject property, the existing project operations and the proposed expansionare not expected to significantly impact migration corridors or locally impoftant speciesor communities lie within the project. Therefore, the proposed project would generate
less than significant impacts to migration corridors and locally important
species/communities.
Source Documents: Ventura County tnitiat Study Assessment Guidelines (Revised
December 2OO5), Ventura County General Plan, Biological Resources Maps (2005), andVentura County GIS Aerial lmagery (2005).
7. AGRICULTURAL RESOURCES:
Item A - SoilsThe subject parcel is currentlY used for Floral Gift and Home Décor ornamentals, ahorticultural operation in which flowers and other plant products are dyed, dried and
assembled into bouquets and various other arrange ments for bulk sale to outsidevendors. The project site is not subject to a W ¡ll iamson Act Contract. According to the
lmportant Farmland lnventory maps, the proposed project site is located within an area
that is characterized by "Prime" soils. The project site has historically been used for theproduction of ornamentals. The proposed CUP extensio n and the new proposed 98,500square foot building to suppoft existing agricultural crop processing would result in the
would not result in there, the proposed project
Source Documents: Ventura County GtS tmpo¡tant Farmlands lnventory Map (2003),
Ventura County tnitiat Study Assessment Guidelines (Revised December 2005).
Item B - WaterAs discussed above fltem #4(A)], the project is within the Fox Canyon GroundwaterManagement Agency, and also lies within the essentially confined East Las Posas
Groundwater Bãsin. Agricultural water is supplied from an active water well and
domestic water is provided by the Ventura County Wateruvorks District No. 19 and isconsidered to have the ability to provide a permanent supply of domestic water. Theexisting water well would continue to provide water for the agricultural use of theproperty; the proposed project would not increase water usage or decrease the quality
of watei that is used for agricultural purposes. Therefore, no adverse impacts to thequantity or quality of agricultural water is anticipated.
Source Documents: Memo from Gerhardt Hubner, Watershed Protection District -Water & Environmental Resources Divísion (November 12, 2007), and Ventura County
tnitiat Study Assessment Guidelines (Revised December 2005).
Item C - Air Qualitv/Micro-Climate@ojectsiteis]ocatedon,andwithinthevicinityoflandsthatarededicated to agricultural uses. Ground disturbance would consist of excavation and
recompaction for the proposed suppoft building, as well as trenching to install waterlnitial Study for LUO4-0078
Major Modification ll2 to CUP 4495Page 14 of 29
lines to serve new fire hydrants. Dust may be generated that could adversely impactnearby farm operations. However, this impact is expected to be short term in natureand, therefore, would have a less than significant impact to air quality and micro-climates.
The proposed project site has historically been used for the production of ornamentalcrops. The proposed CUP extension and structural expansion would result in thecontinued production of ornamental plants within the proposed project site area and,therefore, would not result in the introduction of a non-agricultural use or developmentthat has the potential to alter the meteorological conditions of an agricultural area thatfosters the growing of crops. Therefore, less than significant impacts to airquality/micro-climatic conditions for agricultural resources are anticipated from theproposed project.
Source Documents: Ventura County GIS Aerial lmagery e005), and the VenturaCounty lnitial Study Assessment Guidelínes (Revised December 2005).
Item D - Pests/DiseasesThe proposed project site has historically been used for the production of ornamentalplants. The proposed CUP extension and structural expansion would facilitate thecontinued productíon of ornamental plants and, therefore, would not result in theintroduction of new uses that have the potential to introduce new pests or diseases.The proposed project would not alter the types of pesticides that are applied to theexisting containerized plants on-site. Therefore, the project would have a less thansignificant impact due to pests/diseases.
Source Documents: Ventura County lnitial Study Assessment Guidelines (RevisedDecember 2005).
Item E - Land Comoatibilitvthe project site consists primarily ofcrops) mixed with rural residences.
the project site includes rural residencesand nursery operations to the north and
east
The proposed project would result in the continued agricultural use of the property (i.e.,
the production of ornamental plants). The permit request is to reauthorize an existingCUP for an existing agricultural operation as well as add a 98,500 square foot buildingto support existing agricultural crop processing. The number of employees (70) is notproposed to change. No changes to the quantity and types of pesticides used on-siteare proposed. Compliance with existing State regulations for pesticides and chemicalfeftilizers would ensure that surrounding residencies would not be subject to increasedhazards from the use of these substances. Moreover, the proposed new supportstructure would be one-story and approximately 25 lz Íeel in height and would not be
out of scale with existing buildings within the area, which range between one- and two-stories in height.
Development activities would include excavation and recompaction within the proposedconstruction area, and trenching to install water lines to serve new fire hydrants and a
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Development within the general vicinity ofagricultural uses (e.9., nursery and rowDevelopment within the immediate vicinity ofto the west and southwest, and greenhouses
new septic system. As such, the proposed project has the potential to generate dustthat could adversely impact surrounding residences. However, construction-related airquality impacts woúld be temporary and would be reduced !y tttg me€ns of dust controltèchniques, as recommended by the Air Pollution Control District. Therefore, impactsrelated to land use compatibility would be Iess than significant.
Source Documents: Ventura County Initial Study Assessment Guidelines (Revised
December 2005)
8. VISUAL RESOURGES:
Item A - Scenic Hiqhwav and Item B - Scenic Area/FeaturePunsuant to the threshold criteria in the Ventura County lnitial Study AssessmentGuidetines (Revised December 2OO5), the proposed project may not "degrade visual
resources or significantly alter or obscure public views." According to the Ventura CountyGeneral Plan, Los Angeles Avenue (State Route 118) is listed as "eligible" for CountyScenic Highway designation. However, the proposed project site is virtually flat and is not
located on a ridgeline. The project site is difficult to see from local roads as it is obscured
by fences and trees and the new proposed structure is set back approximately 1000 feetfrom the highway. At approximately 25 % feet in height, the proposed 98,500 square footsupport structure would not obtrusively project into the skyline or block views of scenicareas. Therefore, the proposed project will have a less than significant impact on visual
resources.
Source Documents: Ventura County General Plan Reso.Jrces Appendix, Figure 1.7.2(a)
and Ventura County tnitial Study Assessment Guidelines (Revised December 2005).
9. PALEONTOLOGIGAL RESOURCES:Acõõrdtñg tolhe Ventura County GIS Paleontological Resource Maps, the project site islocated w¡tfr¡n an "undocumented" area for paleontological resources. However, it isunlikely that the proposed project would have an adverse impact on paleontological
resources. As discussed above (see "Project Description"), preparation of the site would
involve excavation and recompaction within the proposed building area, and trenching toinstall water lines to seÌve new fire hydrants as well as septic systems. Ground
disturbance activities would occur within an area that has experienced agriculturally-related grading dating back to at least the 1980's. As such, the proposed project site islocated w¡ttr¡n an area where previous ground disturbance activities have not been known
to reveal the presence of subsurface resources. Although there are no knownpaleontological resources located on-site and the project site has been previously
disturbed, the potential remains for undocumented, subsurface resources to exist within
areas that would be subject to ground disturbance. Standard project conditions to require
work to halt if paleontological resources arc found during construction, including
additional follow up with a qualified paleontologist, would reduce potentially significant
impacts to paleontological resources to less than significant.
Source Documents: Ventura County General Plan Section 1.8 - Paleontological andCultural Resources & lJnified Mapping System Maps and Ventura County lnitial StudyAssessment Guidelines (Revised December 2005)
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10. CULTURAL RESOURGES:
Item A - Archaeoloqical ResourcesAs discussed above (see ltem #9), the project site has been in agricultural productiondating back to at least the 1980's and has been subject to ground disturbance activities.No known archaeological resources exist on-site. As all proposed ground disturbanceactivities would occur in areas that have been previously graded, it is unlikely that theproposed project would disturb any subsurtace resources. However, although there areno known archaeological resources located on-site and the project site has beenpreviously disturbed, the potential remains for undocumented, subsurface resources toexist within areas that would be subject to ground disturbance. Standard projectconditions to require work to halt if archaeological resources are found duringconstruction, including additional follow up with a qualified archaeologist, would reducepotentially significant impacts to paleontological resources to less than significant.
Source Documents: Ventura County General Plan Section 1.8 - Paleontological andCutturat Resources & IJnified Mapping System Maps and the Ventura County lnitial StudyAssessme nt Guidelines (Revised December 2005)
Item B - Historical ResourcesThe proposed project site is not located within, or adjacent to, a local, state, or federallydesignated historical resource. Moreover, the proposed project does not include thealteration or demolition of any buildings that possess historic resources and, therefore,does not have the potential to adversely impact a historical building or structure.Therefore, no adverse impacts to historical resources would occur.
Source Documents: Ventura County lnitial Study Assessment Guidelines (RevisedDecember 2005), Ventura County GIS Database (2006), and Ventura County APNDatabase (2006)
Item C - Social or Reliqious ResourcesA site inspection confirmed that no contemporary, ethnic or social establishments,cemeteríes, churches, shrines, synagogues, or other religious institution orestablishments are located on the project site or adjacent parcels. Therefore, noadverse impacts to social or religious resources are expected as a result of this project.
The proposed project is consistent with the goals and policies in lhe Ventura CountyGeneral Plan Section 1.8 - Paleontological and Cultural Resources.
Source Documents: Ventura County General Plan (Revised December 2005) and theVentura County lnitial Study Assessment Guidelines (Revised December 2005).
11. ENERGY RESOURCES:
The project alone and cumulatively will have a less than significant impact on therenewable resources of solar, wind, and hydraulic power. The Uniform Building Coderegulates construction of structures with regard to energy efficiency. Therefore, therewould be no adverse impact as a result of this project.
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Source Documents: Ventura County General Plan (Revised December 2005) and the
Ventura County tnitiat Study Assessment Guidetines (Revised December 2005).
12. BEACHES & D DUNES:
This project is not located within the CoastalZone of the County's Local Coastal Program.
Therefore, this project will have no adverse impact on the coastal beaches and sand
dunes.
Source Document: Ventura County CoastalArea Plan (2002).
HAZARDS
13. SEISMIG HAZARDS:
ItemA-FaultRuptureffre puOl¡c Works Agency comments that pursuant to the Countywide General Plan,
Hazards Appendix, Figure 2.2.1b, no indications of faulting were identified on theproposed project site. As no known active or potentially active faults project into orappear to cross through the propefty, the potential for fault rupture on the proposedproject site is considered very low. Therefore, there would be no adverse impactsrelating to fault rupture.Source Documents: Ventura County General Plan, Hazards Appendix, Figure 2.2.1b(Revised December 2005) and Memo from Brian Trushinski, Engineering Depaftment,Development & lnspection Seruices Division (November 20, 2007)
ItemB-GroundShakinqfne property will be subject to moderate to strong ground shaking from seismic eventsof local and regional fault systems. The Uniform Building Code would require thestructures to be designed to withstand this ground shaking. The requirements of theBuilding Code would reduce the effects of ground shaking to less than significant.
Source Document: Memo from Brian Trushinski, Engineering Department,Development & lnspection Seruices Dívision (November 20, 2007)
Item G - Tsunamis Item D - SeichesPursuant to the Ventura County General Plan, Hazards Appendix, Figure 2.6, theproposed project is not located in a Tsunami and/or Seiches Zone. Therefore, thereare no adverse impacts relating to tsunamis and seiches.
Source Document: Memo from Brian Trushinski, Engineeríng Depat'tment,
Development & lnspection Seruices Division (November 20, 2007)
Item E - Liquefactionfne suO¡ect property is located in a liquefaction hazard zone as delineated by the Stateof California as part of the Seismic Hazards Mapping Act. A site specific study toevaluation the liquefaction potential and mitigate any associated hazards may be
necessary to be conducted as part of the building permit application process. This
report wiil address the liquefaction potential and provide mitigation recommendationssuch that the potential hazard resulting from liquefaction will be less than
i¿?ff;:îili;IM aio r M o d if í c ati o, *
;:åt :, #Z:,
this regard the potential hazards resulting from liquefaction are considered to be lessthan significant.
Source Document: Memo from Brian Trushinski, Engineering Department,Development & lnspectíon Seruices Division (November 20, 2007)
14. GEOLOGIC HAZARDS:
Item A - SubsidenceThe Public Works Agency comments that if subsidence is to take place the majority ofsettlement would occur during construction and be minimal. Prior to construction, theexpansive nature of the soils would be taken into consideration for the design of thefoundations. Therefore, there would be no adverse impacts relating to subsidence.
Source Document: Memo from Brian Trushinski, Engineering Department,Development & lnspection Seruices Division (November 20, 2007)
ItemB-ExpansiveSoilsFuture development of the site will be subject to the requirements of the Uniform BuildingCode that require mitigation of potential adverse effects of expansive soils and in thisregard, the hazard associated with adverse impacts is considered to be less thansignificant.
Source Document: Memo from Brian Trushinski, Engineering Department,Development & lnspection Seruices Dívision (November 20, 2007)
Item C - Landslides/MudslidesThe Public Works Agency comments that pursuant to the Counhywide General Plan,Hazards Appendix, Figure 2.9, the proposed project is not located in a landslides and/ormudslide Zone. Therefore, there would be no adverse impacts relating to landslides/mudslides.
Source Documents: Memo from Brian Trushinski, Engineering Department,Development & lnspectíon Seruices Division (November 20, 2007)
15. HYDRAULIC HAZARDS:
Item A - Erosion/SiltationAll sudace runoff and drainage from activities will be controlled by berms, revegetation,and/or other approved measures to ensure that surrounding land and water resourcesare protected from erosion, gullying, sedimentation, and contamination. The project willhave less than significant impact on erosion or siltation.
Fufther, the proposed project will be subject to the requirements of the Grading Codeand Uniform Building Code. The project structures that are of ordinary type andconstruction will be required to detain on-site the difference between peak runoff for theexisting condition and proposed project condition. Based on the preliminary HydrologyReport prepared by Jensen Design and Survey, lnc., dated September 26,2007, anarea of 1,7OO cubic feet of detention for every acre of new development will be utilizedto offset the increase in impervious area by development. The hazard from erosion and
,^r,;:!;if;:i'r!',:!Ji'['1'Page 19 of 29
siltation is considered to be less than significant.
Source Document: Memo from Paul Callaway, Public Works Agency, WatershedProtection District (November 13, 2007), and Memo from Brian Trushinski, EngineeringDepartment, Development & lnspection Seruices Division (November 20, 2007)
Item B - FloodinsPort¡ons of the subject property are situated with a FEMA-determined 100-yearfloodplain and a Floodplain Development Permit will be required for development aspart of the Building Permit application process. Provided that the conditions of theFloodplain Development Permit are implemented during the project design andconstruction, the adverse effects of flooding will be reduced to less than significant.
Source Document: Memo from Brian Trushinski, Engineering Depaftment,Development & lnspection Seruices Division (November 20, 2007)
16. HAZARDS:
Since the proposed project is not located within two miles of any public airport, therewould be no adverse impacts, relative to air traffic safety'
Source Documents: Ventura County General Plan (Revised December 2005) andVentura County tnitial Study Assessment Guidelines (Revised December 2005)
17. FIRE HAZARDS:Any future construction will be required to comply with the Uniform Fire Code 2000 ed.
as adopted and amended by VCFPD Current Ordinance for Fire Hazard Abatementand also the Uniform Building Code for required building standards. Compliance with
these regulations would ensure that there would be no impacts associated with firehazards.
Source Document: Memo from Michele Krieg, Ventura County Fire Protection District(November 14,2007)
18. HAZARDOUS MATERIALSMASTE:
Item A - Above-oround Hazardous Materialsnny naraøous material use and storage will be required to comply with the Uniform
Fire Code 20OO ed., Article 80 as adopted and amended by the VCFPD CurrentOrdinance. Therefore there would be no impacts associated with the storage and
handling of above-ground hazardous materials.
Source Document: Memo from Michele Krieg, Ventura County Fire Protection District(November 14,2007)
Item B - Below-oround Hazardous Materialsthe proposed project includes the use of hazardous materials. lmproper storage,
handling, and disposal of these material(s) could result in the creation of adverseimpacts to public health. Compliance with existing State regulations will reducepotential impacts to a level considered less than significant.
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Source Document: Memo from Melinda Talent, Resource Management Agency,Environmental Health Department (November 1 4, 2007).
ItemC-HazardousWasteThe proposed project is considered an activity that produces hazardous waste.lmproper storage, handling, and disposal of these material(s) could result in thecreation of adverse impacts to public health. Compliance with existing State regulationswill reduce potential impacts to a level considered Iess than significant.
Source Document: Memo from Melinda Talent, Resource Management Agency,Environmental Health Department (November 14, 2007).
19. NOISUVIBRATION:
Noise is defined as "any unwanted sound that is undesirable because it interferes with
speech and hearing, or is intense enough to damage hearing, or is othenruise annoying"(Ventura County lnitial Study Assessment Guidelines, Revised December 2005).Potential noise impacts can occur as a result of temporary noise-generating constructionactivities, or long-term operation of the proposed facilities.
The methodology used in determining whether or not a project will result in a significantnoise impact is to determine if the proposed use is "Noise Sensitive Use" or a "NoiseGenerato/'. Noise sensitive uses are dwellings, schools, hospitals, nursing homes,churches and libraries. There are no noise sensitive uses in the vicinity of the projectsite that would either be affected by construction activities or the daily operations of thegreenhouse facility. Short term construction noise associated with the proposeddevelopment would be conditioned with standard conditions of approval that limit noise-generating construction activities to the daytime (i.e., 7:00 AM to 7:00 PM, Mondaythrough Friday, and 9:00 AM to 7:00 PM, Saturday, Sunday, and local holidays). Theexisting greenhouse operation and the proposed expansion of the greenhouse facility will
not generate noise levels in excess of the allowable thresholds as provided in theVentura County lnitial Study Assessment Guidelines, Noise and Vibration, Methodologysection. Therefore project impacts relative to noise/vibration will be less thansignificant,
Source Document: Ventura County lnitial Study Assessment Guidelines (RevisedDecember 2005)
20. GLARE:
Glare is defined as "a continuous or periodic intense light that may cause eye discomfortor be blinding to humans" (Ventura County lnitial Study Assessment Guidelines, RevisedDecember 2005). The proposed project may include outdoor night lighting and, therefore,may have the potentialto directly illuminate surrounding properties or roadways, or alterthe semi-rural nighttime aesthetic of the area. The proposed 98,500 square foot suppottstructure may be constructed using reflective suÉaces that would increase daytime glare
within the vicinity of the project site. However the proposed structure is located in themiddle of the agricultural parcel adjacent to existing development and largely obscuredfrom surrounding view by existing mature vegetation as well as perimeter fencing. With
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Page 21 of 29
implementation of a standard condition of approval requiring downward directional lightingwhich does not illuminate otfsite locations, the incremental increase in glare produced bythe project operations would be a less than significant impact.
Source Document: Ventura County lnitialstudy Assessmènt Guidelines (RevisedDecember 2005)
21. PUBLIC HEALTH:
The proposed project may have impacts to public health; however, compliance withapplicable state regulation enforced by the Environmental Health Division will reduceany impacts to a level considered less than significant.
Source Document: Memo from Melinda Talent, Resource Management Agency,Environmental Health Depaftment (November 14, 2007).
PUBLIC FACILITIESISER
22. TRANSPORTATION/CIRCULATION :
Items A - Public Roads &Hiqhwavs ftl Level of Seruice and el Safetv / Desiqn
The proposed project is a request for a 15-year time extension to the existing CUP forproduction of dried flowers, including the addition of an approximate 98,500 square feetbuilding for agricultural crop production and office spaces. The proposed project asrevised may adversely impact the public roads in the area. A Traffic Study is not beingrequired based on a determination by the Planning Director that the project is entitled totrips associated with the existing operation based on 70 employees, which will not beallowed to increase. The project will include a condition with this restriction.
This potential adverse impact has been determined to be less than significant byrestricting and monitoring the amount of employees under this permit.
SR 1 18 is currently operating at a less-than-acceptable level of service (LOS). Anyadditional traffic on SR 1 18 in the impact area may be inconsistent with County GeneralPlan (GP) Policy 4.2.2.4(b). According to the County GP, a significant adverse trafficimpact is assumed to occur on any road segment that is operating at a less-than-acceptable LOS, if a project will add one or more peak-hour trips within that roadsegment. Complying with the conditions of approval may mitigate the potential impacts.
Additionally, to address the cumulative adverse impacts of traffic on the Regional RoadNetwork, Ventura County Traffic lmpact Mitigation Fee (TIMF) Ordinance 4246 and GPPolicy 4.2.2 require that the Transportation Department of the Public Works Agencycollect a TIMF from development. This development is subject to this Ordinance. W¡thpayment of the TIMF, the LOS and safety of the existing roads would remain consistentwith the County's GP. Therefore, adverse traffic impacts relating to LOS andsafety/design will be a less than significant.
Source Document: Memo from Nazir Lalani, Public Works Agency, Traffic andTransportation Planning (November 1 4, 2007).
lnitial Study for LU04-0078M ai o r M o d iÍ i c ar, * *
;: årå #2:,
Item A - Public & Hiohwavs /3) Tactical Access and B - Private Roads &D¡ivewavs fll Safetu/Desion and 2l Tactical AccessThe project shall be required to meet current Fire District Access standards.Compliance with the VCFPD access standards would ensure no impacts associatedwith tactical access and safety/design.
Source Document: Memo from Michele Krieg, Ventura County Fire Protection District(November 14,2007)
The Transportation Department comments that the existing roads in the proximity of theproposed project site have províded adequate facilities pursuant to the County's RoadStandards and the State Department of Transportation.
Therefore, the Transpoftation Department considers that the adverse impacts relatingto the supplementary addition of pedestrians and bicycles into the area would be lessthan significant.
Source Document: Memo from Nazir Lalani, Public Works Agency, Traffic andTransportation Planning (November 1 4, 2007).
Item D - ParkinqThe Ventura County Non-Coastal Zoning Ordinance regulates the number, location, andsize of parking spaces; however, the number of parking spaces that are required forgreenhouses are unspecified. Therefore, pursuant to the Ventura County Non-CoastalZoning Ordinance (S8108-1), the Planning Director has the authority to determine theparking requirements for the proposed greenhouses. With a total of 93 parking spacesavailable the proposed project has adequate area to accommodate parking onsite, andhence the proposed project would have a less than significant impact relating toparking.
Source Documents: Ventura County Non-Coastal Zoning Ordinance, A¡ticle 8, andVentura County General Plan Section 4.2 - Traffic/Circulation (Revised December 2005).
The project will not have any impact upon existing bus, railway, airport, or harboractívities, as facilities for these forms of transpoftation do not exist within the vicinity ofthe project. Therefore, the project will have no adverse impact on these facilities.
Source Document: Ventura County General Plan (Revised December 2005) and theVentura County lnitial Study Assessment Guidelines (Revised December 2005)
Item l- PipelinesThe County UMS Maps indicate that there are no existing pipelines that would affect theproposed project. Therefore, the proposed project will have no adverse impacts topipelines.
lnitial Study for LUU-0078Major Modification ll2 to CUP 4495
Page 23 of 29
Source Document: Unified Mapping System Maps
23. WATER SUPPLY:
Item A - QualitvThe prb¡i" *"t"r system which will serve domestic water to this project is regulated by
the State oepartmãnt of Health Services. The quality of domestic water must be in
compliance with afplicable State drinking water sta.ndards. Design and construction of
the proposed pro¡ect must conform with applicable State and Building Code
requirements pertaining to water systems. Therefore, the project will not adversely
impact the quality of water supplied by the public water system.
Source Document: Memo from Melinda Talent, Resource Management Agency,
Environmentat Heatth Department (November 1 4, 2007)
Item B - QuantitvDomestic water seruice will be obtained by Ventura County Watenryorks District No' 19.
The Ventura Gounty Waterworks District No. 19 is considered to have the ability to
provide a permanent supply of domestic water. Therefore, impacts to water supply
Quantity is deemed Iess than significant.
Source Document: Gerhardt Hubner, WPD - Water & Environmental Resources
Division (November 1 2, 2007)
ItemG-FireFlowffiireprotectionwillberequiredtomeetVcFPDCurrentordinance'Therefore,' cbmpliance with the VCFPD's fire flow requirements would ensure no
impacts associated with water supplyifire flow'
Source Document:(November 14,2007)
Memo from Michele Krieg, Ventura County Fire Protectíon District
24. WASTE TREATMENT/DISPOSAL:
em) will be utilized for sewage
disposal. The soils report provided for reviev y demonstrates septic system
feasibility for the subje'ct prä¡ect. Compliance with applicable regulations in the County
Building Code anJ douniT é"*"r Policy with respect to the design and installation of
septic systems will reducä potential imþacts attributable to direct human contact with
,"*"g"iror on-rite sewage disposal to a level considered Iess than significant.
Source Document: Memo from Metinda Talent, Resource Management Agency,
Environmentat Heatth Department (November 1 4, 2007)
a sewage treatment facility; portables
, there will be no imPact to sewage
collection/treatment facilities.
lnitial StudY for LU04-0078
Major Modification #2 to CUP 4495Page 24 of 29
Source Document: Ventura County lnitial Study Assessment Guidelines (Revised2005)
Item C - Solid Waste ManaqementPursuant to the lntegrated Waste Management Division (IWMD) factors determining thesignificance of project impacts to solid waste facilities within Ventura County, anydiscretionary development project generating solid waste will impact the County'sremaining solid waste disposal capacity. Additionally, as required by California PublicResources Code (PRC) 41701, Ventura County's Countywide Siting Element (CSE),adopted in June of 2001 and updated annually, confirms Ventura County has at least15 years of disposal capacity available for waste generated by in-County projects.
Therefore, because the County currently exceeds the minimum disposal capacityrequired by state PRC, no individual project of this type and magnitude will significantlyimpact the County's remaining solid waste disposal capacity.
The lntegrated Waste Management Division (IWMD) has reviewed the applicationreceived on October 19,2OO7 for LU 04-0078 and has determined the degree of effectto permitted solid waste disposal facilities in Ventura County from this project to be lessthan significant.
Source Documents: Ventura County lnitial Study Assessrnent Guidelines (Revised2OO5) and Memo from Bruce Belluschi, Public Works Agency, lntegrated WasteManagement Division (November 9, 2007/
Item D - Solid Waste FacilitiesThe proposed project does not include a solid waste facility. Therefore the project will
have no adverse impacts relating to solid waste facilities.
Source Document: Memo from Melinda Talent, Resource Management Agency,Envíronmental Health Department (November 1 4, 2007).
25. UTILITIES:
Item A - Item B - Gas and ltem C - municationsExisting electrical, gas and communication facilities will adequately serue the proposedproject. Pursuant to the Ventura County General Plan Public Utilities, Policy 4.5.2.3, theproposed project would include a condition of approval requiring the placement of utilityseruice lines underground wherever feasible. Therefore, the project will have no adverseimpact on electric, gâs, or communications facilities.
Source Documents: Ventura County Initial Study Assessment Guidelines (September2000) and Ventura County General Plan (Revised December 2005).
26. FLOOD OUDRAINAGE:
ItemA-FCDFacilitvThe proposed project is located in close proximity to the Fox Barranca and CoyoteCanyon Barranca which are jurisdictional red lined channels. However it has beendetermined by the Watershed Protection District that impacts to Flood Control District
lnitial Study for LU04-0078Major Modification #2 to CUP 4495
Page 25 of 29
facilities would be less than significant.
Source Document: Memo from Paul Callaway, Public Works Agency, WatershedProtection District (November 1 3, 2007).
Item B - Other FacilitiesNo Public Works Agency facilities are located within the vicinity of the proposed projectsite that have the potential to experience impacts from the proposed development.Therefore, no adverse impacts Public Works Agency facilities would occur.
Source Document: Memo from Brian Trushinski, Engineering Department,Development & lnspection Seruices Division (November 20, 2007)
27. LAW ENFORCEMENT/EMERGENCY SERVICES:
Item A - PersonneUEqu andltemB-FacilitiesDue to the size and nature of the proposed project, there will be no significant impact onthe functions of the Ventura County Sheriff's Depaftment. As such, the project will haveno adverse impact on the seryices provided for the area.
Source Document: Ventura County General Plan and Ventura County lnitial StudyAssessme nt Guidelines (September 2000).
28. FIRE PROTECTION:Fire Station #57,located approximately V+ mile from the project site in Somis, wouldhave the primary responsibility for responding to emergencies on-site. At this distance,response tímes would be adequate and a new fire station or additional equipment is notrequired. Therefore, there will be no impacts resulting from the need for fire protectionservices.
Source Document: Memo from Michele Krieg, Ventura County Fire Protection District(November 14,2007)
29. EDUCATION:
Item A - SchoolsThe project site is located within an area that is served by the Somis Elementary SchoolDistrict and the Oxnard Union High School District. No educational facilities are locatedon, or within the vicinity of, the project site. The proposed project does not include newhousing and, therefore, would not directly increase the number of school-aged childrenthat would enroll in the Somis Elementary School District or the Oxnard Union HighSchool District. Fufthermore, as discussed above (see "Project Description"), theproposed project would not increase the number of employees and, therefore, would notresult in an increase in population and school-aged children within the area who wouldenroll in the Somis Elementary School District or the Oxnard Union High School District.Therefore, the proposed project would have no adverse impacts to schools.
Source Document:December 2005)
Ventura Coung lnitial Study Assessment Guidelines (Revised
lnitial Study for LU04-0078Major Modification #2 to CUP 4495
Page 26 of 29
Item B - LibrariesThe proposed project site is not located within the vicinity of any public library facilities.As discussed above (see "Project Description"), the proposed project does not includenew housing and would not increase the number of employees at the facility and, assuch, would not increase the population and demands on public libraries within the area.Therefore, no adverse impacts to public libraries are anticipated.
Source Document:December 2005)
Ventura County lnitial Study Assessment Guidelines (Revised
30. RECREATION:
Item A - I Parks/Facilities. Item B - Reqional Parks/Facilities. and ltem C -Reqional Trai ls/Corridors.The proposed project site is not located on, or within the vicinity of, any local or regionalrecreational facilities or trails/corridors. As discussed above (see "Project Description"),the proposed project does not include new housing and would not increase the number ofemployees at the facility. Therefore, the proposed project does not have the potential togenerate increased demand for local or regional parks/facilities, or regionaltrails/corridors. No adverse impacts to recreational facilities are anticipated.
Source Document:December 2005)
Ventura County lnitial Study Assessment Guidelines (Revised
lnitial Study for LU04-0078Major Modification #2 to CUP 4495
Page 27 of 29
SECTION DMANDATORY FINDINGS OF SIGNIFICANCE
PROJECT: Maior Modification #2 to cuP 4495Permit Renewal/Facilities Expansion
Conditional Use Permit Gase No. LU04'0078APPLICANT: Floral G¡ft and Home Décor lnternational, lnc.LOCATION: 3756 Somis Road in the Gommunity of Somis
YES/MAYBE
NOMANDATORY FINDINGS OF SIGNIFICANCEBased on the information contained within Sections B and C:
D
X
prehistory?
XDoes the project have the potential to achieve short-term, to the disadvantage of
long-term,'enúironmental goals? (A short-term impact on the environment is one that
o".-urs in a relatively brief, definitive period of time while long-term ¡mpacts will
endure well into the future).
2
XDoes the project have imPacts th lY
considerable? "Cumulatively conside a
project are considerable when viewed s'
the effect of other current proiects, s'
(Several projects may have relatively small individual impacts on two or more
iesources, but the total of those impacts on the environment is significant)'
3.
XDoes the project have environmental effects that will cause substantial adverse
effects on human beings, either directly or indirectly?4.
tnitial Stìdy for Ll.l04-0078Major ModiÍication #2 Io CUP 4495
Page 28 of 29
SECTION ERMIN OF ENVIRONME DOCU ENT
PROJECT: Maior Modification #2 to cuP 4495Permit Renewal/Facilities Expansion
Conditional Use Permit Case No. LU04'0078APPLICANT: FIoral Gift and Home Décor lnternational, lnc.
LOCATION: 3756 Somis Road in the Community of Somis
E. DETERMINATION OF ENVIRONMENTAL DOCUMENT
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION should be PrePared
ECLARATIONMITIGATED
wil benot athereeffectificant theon environment,havecould athe srgnfind projectthat although proposedlnitial bewillbed sectionn ofc themeasu descri StudythebecauseIeffect thisn case re(s)mitigationsignificant
should beN TIVEEGA prepared.DAto the project.applied
I find the proposed project, individually and/or cumulatively, MAY have a significant etfect on the environment and
an ENVIRONMENTAL IMPACT REPORT is required.*
MAY unnificant ESSor stgahave impacf' "potentiallythe significant"potentiallyfind that rojectproposed pantn earlier1 beenhasoneleast effect analyzedat ) adequatelybuttheon environment,m itigated" impact
onbasedmeasuresbeenhas addressed by mitigationandtorsuant 2)legal stqndards,document pu applicableitISREPORT butredALRONMENT ACTIMPsheets ENVI requAnattacheddescribed onASearliethe Í analysis
remalnthat beto addressedeffectsthemust analyze only
I find that although the proposed project could have a significant effect on the environment, because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
aiplicable standaids, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
OËCmnnflON, including revisions or m¡tigation measures that are imposed upon the proposed proiect, nothing
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
EXHIBIT "5'' . CONDITIONS OF APPROVALFOR MINOR MOD¡FICATION TO CONDITIONAL USE PERMIT
(cuP 4495-2 CASE NO. LU10-0071)cAsE NO. PL14-0093
RESOURCE MANAGEM ENT AGENCY
Planninq Division (PL) Gonditions
1. Proiect Description:
This Conditional Use Permit (CUP) is based on and limited to compliancewith the project description found in this condition below, all County landuse hear¡ng exhibits in support of the project marked Exhibit "3" datedOctober 10, 2014 (Site Plan and Conceptual Landscape Plan), andconditions of approval set forth below. Together, these documents describethe Project. Any deviations from the Project must first be reviewed andapproved by the County in order to determine if the Project deviationsconform to the original approval. Project deviations may require PlanningDirector approval for changes to the permit or further CEQA environmentalreview, or both. Any Project deviation that is implemented without requisiteCounty review and approval(s) constitutes a violation of the conditions ofthis permit.
The project description is as follows:
This permit authorizes the extension of the effective period of ConditionalUse Permit (CUP) No. LU10-0071 (CUP 4495) for an additional 20 yearsfrom the CUP Case No. LU04-0078 approval date to operate the existingcommercial agricultural use and to make various minor alterations in theuse of existing structures. The existing agricultural operation involves thegrowing, harvesting, dying, and import of flowers and other plants to be soldand utilized as ornamentals. The approved project includes the eliminationof the prevíously-granted entitlements to construct an approximately 98,720square foot (s.f.) building (referred to as building B-14) and to convertgreenhouse building B-8 to a warehouse. (Exhibit 3). The only residentialuse on the site will continue to be the existing caretaker residence.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
11)12)13)
14)
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE:2
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERM¡T ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
e)10)
234567
)
)
)
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The following changes in the use and structures are approved:
1) B.2, B,3, 84 and 85 buildings previously used as dormitories will beused for storage;86, 87 and BB buildings will be used exclusively as greenhouses;89 buibing will remain as a storage area without toilet facilities;Two 810 barns will remain as storage area totaling 5,160 s.f.;17 811-1 buildings will remain as drying huts totaling 34,099 s.f.;17 811-2 buildings will be used as hoop houses totaling 32,400 s.f.;812 building will continue to be used for dyeing operations with aroof structure totaling 5,214 s.f.;All cargo storage containers will be removed from the project siteprior to the issuance of a certifícate of occupancy;9 portable toilets will be added;Landscape screening within the CUP boundary fronting Somis Roadwill be added;Fire Department Turnaround and all weather access will be added;New hazardous materials storage building of 70 s.f. will be added;lnstallment of 101 parking spaces are proposed on a gravel surface;andContinued authorization of a Planning Director waiver of the bicycleparking requirement is proposed due to the remote project locationand the nature of the land use that precludes the use of bicycles
Upon implementation of this permit, the site will have the followingstructures:
The horticultural operation involves the use of flowers and plants that aredyed, infused with fragrance, dried and assembled into bouquets andvarious other arrangements for bulk sale to outside vendors. The operationalso includes assembly of "Carrots for Kids" kits of organic soil in
8)
Structure type (Buildinq No.) Square footage42,626Principal structures used for
agricultural processing and storageCaretaker residence and attachedporch (81)
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERM¡T ADJUSTMENT APPROVED: July 18,2012
biodegradable bags with carrot seeds as a tool to educate children inagricultural matters.
The project has a max¡mum number of 99 full time equivalent ('FTE")employees daily or during the hours of operation. The employees workingon site as fulltime permanent employees, contract employees, andseasonal and parttime laborers engaged through labor agenc¡es will notexceed the total of 205,920 hours per year. No trees or native vegetationare to be removed as a result of this project.
Water to the project site is provided by Ventura County Watenryorks District19. Sanitation services are provided by portable restrooms and anindividual sewage disposal system for the caretaker residence. Access tothe site will be provided by a 25-foot wide driveway from Somis Road. TheConditional Use Permit (CUP) boundary includes approximately 48.62acres of the subject property as shown on Exhibil "4" oÍ the PlanningDirector staff report for the March 12,2015 hearing.
2. Davs and Hours of Operation
Purpose: ln order to limit on-site operational noise sources generatedfrom the loading dock operations, generators and truck deliveries thatwould potentially affect the existing residential uses, it is necessary to limitthe days and hours of operation of the approved use.
Requirement: The operation of the approved use shall be limited to:
. Nursery/greenhouse hours of operation of 4:00 AM to 9:00 PMMonday through Sunday and local holidays.
. All customer and truck trips, outside generator use, deliveries andloading dock activities shall be limited to the 6:00 AM to 7:00 PMMonday through Sunday, and local holidays.
. No outside loud speakers, bells, blaring music, gongs, buzzers orother noise attention or attracting devices shall be used between10:00 PM and 6:00 AM.
The Permittee shall post the hours of operation in an obvious location thatcan be seen by customers, vendors, and truck hauling operators. Thesignage must be made of weatherproof and permanent material, andcomply with the Ventura County Non-Coastal Zoning Ordinance (Article10).
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 4
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Documentation: The Permittee shall provide the Planning Division withphotographic documentation that the hours of operation have been postedas required pursuant to this condition.
Timing: The Permittee shall post the hours of operation prior to theissuance of Zoning Clearance for use inauguration and the Permittee shallmaintain the posted hours of operation for the life of the permit.
Monitoring and Reporting: The Planning Division has the authority toconduct periodic site inspections to ensure ongoing compliance by thePermittee with this condition consistent with the requirements of S8114-3of the Ventura County Non-Coastal Zoning Ordinance. (PL-2)
3. Site Maintenance
Purpose: To ensure that the CUP area is maintained in a neat andorderly manner so as not to create any hazardous conditions or unsightlyconditions which are visible from outside the CUP area.
Requirement: The Permittee shall maintain the project site in compliancewith the described uses outlined in Condition No. 1 (Permitted LandUses). Only equipment and/or materials which the Planning Directordetermines to substantially comply with Condition No. 1 (Permitted LandUses), or which are authorized by any subsequent amendments to thisCUP, shall be stored on the property during the life of this CUP. Includespecifications on where and how equipment and/or materials should bestored onsite (e.9., indoors, outdoors, within staging areas, or screened)].
Documentation: Pursuant to Condition No. 1 (Permitted Land Uses), theCUP and any amendments thereto.
Timing: Prior to occupancy and for the life of the permit.
Monitoring and Reporting: The County Building lnspector, Public WorksGrading lnspector, Fire Marshall, and/or Planning Division staff has theauthority to conduct periodic site inspections to ensure the Permittee'songoing compliance with this condition consistent with the requirements ofS81 14-3 of the Ventura County Non-Coastal Zoning Ordinance. (PL-4)
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 5
4 Time Limits
a. Use Inauquration:
The approval decision for this CUP Minor Modification PL14-0093becomes effective upon the expiration of the 10 day appeal periodfollowing the approval decision, or when any appeals of thedecision are finally resolved. Once the approval decision becomeseffective, the Permittee must obtain a Zoning Clearance for Uselnauguration in order to initiate the land uses provided in ConditionNo. 1 (Project Description) within one year of the CUP MinorModification PL1 4-0093 approval.
b. Construction:
i. The Permittee must obtain a Zoning Clearance forConstruction within one (1) year of the CUP MinorModification approval. The Planning Director may grant a oneyear extension of time to the Permittee in order to obtain theZoning Clearance for Construction if the Permittee candemonstrate to the satisfaction of the Planning Director thatthe Permittee has made a diligent effort to inaugurate thepermitted land use, and the Permittee has requested the timeextension in writing at least 30 days prior to the one yearexpiration date.
ii. This CUP shall expire and become null and void if thePermittee fails to obtain a Zoning Clearance for Uselnauguration within one (1) year of the CUP Minor Modificationapproval or fails to obtain a Zoning Clearance for Constructionwithin one year of the Minor Modification approval (VenturaCounty Non-Coastal Zoning Ordinance 2005, S8111 -4.7).
¡ii. Prior to the issuance of the Zoning Clearance for Uselnauguration, all fees and charges billed to that date by anyCounty agency, as well as any fines, penalties, and sureties,must be paid in full. After issuance of the Zoning Clearancefor use inauguration, any final billed processing fees must bepaid within 30 days of the billing date or the County mayrevoke this CUP.
CONDITIONS FOR: PL14-0093
PL14-0093 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 6
5
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
c. Permit Life or ns Period: The authorization granted by thisCUP to conduct the proposed use will expire on June 19, 2028.Failure of the County to provide additional notification to thePermittee of the expiration date shall not constitute grounds forcontinuance of this authorization after the CUP expiration date.Operations may be extended beyond this date based upon thetimely (i.e. prior to June 19,2028) submittal of a permit modificationapplication filed pursuant to Section 8111-6 of the Ventura CountyNon-Coastal Zoning Ordinance, as may be amended or replaced,and the subsequent granting of a modified permit by the Countydecision-makers.
Acceptance of Conditions and Schedule of Enforcement ResponsesThe Permittee's acceptance of this CUP and/or commencement ofconstruction and/or operations under this CUP shall constitute thePermittee's formal agreement to comply with all conditions of this CUP.Failure to abide by and comply with any condition for the granting of thisCUP shall constitute grounds for enforcement action provided in theVentura County Non-Coastal Zoning Ordinance (2011, Article 14), whichshall include, but is not limited to, the following:
a) Public reporting of violations to the Planning Commissionand/or Board of Supervisors;
b) Suspension of the permitted land uses (Condition No. 1);
c) Modification of the CUP 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/or0 Revocation of this CUP.
The Permittee is responsible for being aware of and complying with theCUP conditions and all applicable federal, state, and local laws andregulations. (PL-7)
6. Pavment of Permit Processinq and Countv Enforcement Fees - Prior toinaugurating the use for which this permit is granted, the Permittee mustfirst obtain a Use lnauguration Zoning Clearance from the PlanningDivision. PRIOR TO THE ISSUANCE OF THE USE INAUGURATIONZONING CLEARANCE, the Permittee shall pay all permit processing andCounty Enforcement fees owed to that date. After issuance of the Use
CONDIT¡ONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE:7
a
lnauguration Zoning Clearance, Permittee must pay any final billedprocessing fees within 30 days of the billing date.
The Permittee shall fund all necessary costs incuned by the Countyor its contractors for inspections, permit compliance, monitoring,and/or review activities as they pertain to this permit. The permitteeshall also fund all necessary costs incurred by the County or itscontractors for enforcement activities related to resolution ofconfirmed violations. Costs will be billed at the contract rates in
effect at the time enforcement actions are required.
The Permittee shall reimburse the County within 30 days of invoicingby the County. Failure to pay the required bil¡ or maintain therequired deposit fee balance shall be grounds for suspension orrevocation of this Permit.
Landscapinq and Screenino
Purpose: To comply with the County's landscaping and screeningrequirements.
Requirement: Landscaping and screening that serves the followingfunctions must be provided and maintained:
a1 Screens undesirable views, incompatible land uses or uses in naturalsettings. Landscaping and screening plan must be provided toscreen the following: parking area, greenhouses, open storageareas, production equipment, materials loading areas, metalbuildings, loading areas, and project area from adjacent residentialUSES.
b1 Provides visual relief. Landscaping must be provided that breaks upthe expanses of buildings or walls, and blends structures with theirsurroundings.
c1 Ensures compatibility with community character. Landscaping mustbe provided that visually integrates the development with thecharacter of the surrounding community.
d1 Shades and improves the aesthetics of paved areas used by thepublic and employees. Landscaping mubt be provided in the parkingarea and adjacent to and along Somis Road.
b
7
CONDITIONS FOR: PL14-0093
PL1 4.0093 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 8
The required landscaping must be designed to require minimal amountsof water and to use required water efficiently, in accordance with the waterefficiency requirements of the Landscape Design Criteria, and mustachieve the following design objectives:
a2 Use Available Non-potable Sources of Water. The landscapingmust integrate the harvesting and/or use of alternative, non-potablesources of water, including stormwater, reclaimed water, and graywater, where feasible.
b2 Protection of Solar Access. The landscaping must be design toavoíd the introduction of vegetation that would now or in the futurecast substantial shadow on existing solar collectors or photovoltaiccells, or impair the function of a nearby building using passive solarheat collection.
c2 Protection of Existing Vegetation. Existing vegetatíon, especiallytrees, must be saved and integrated into landscape designwherever feasible, appropriate or required by other regulations(such as the Tree. Protection Ordinance).
d2 Fire Resistance. Plant material installed in the fuel modificationzone must be fire resistant.
e2 Use Native or Non-lnvasive Plant Species.
Documentation: The Permittee shall submit to the County of VenturaPlanning Division for review and approval three sets of a draft landscapeplan, prepared by a California registered landscape architect (or otherqualified individual as approved by the Planning Director), demonstratingcompliance with the above requirements, $8109-0.6 (Landscaping) of theNon-Coastal Zoning Ordinance and the County's Landscape DesignCriteria. The landscape architect responsible for the work shall stamp theplan. After landscape installation, the Permittee shall submit to the Countyof Ventura Planning Division a statement from the project landscapearchitect that all landscaping has been installed as shown on theapproved landscape and plan. Any changes to approved landscape plansthat affect the character or quantity of the plant material or irrigationsystem design must be approved by the Planning Director prior toinstallation.
Timing: The Permittee shall submit the landscape plan to the PlanningDivision for review and approval prior to issuance of a Zoning Clearancefor Construction. The Permittee shall install all required landscaping priorto issuance of the Use Inauguration Zoning Clearance.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 9
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Monitoring and Reporting: The Planning Division maintains thelandscape plans and statement by the landscape architect provided by thePermittee in the project file and has the authority to periodically confirmthat the landscaping is maintained by the Permittee in accordance withthe approved plan cons¡stent with the requirements of S8114-3 of theNon-Coastal Zon ing Ord i nance. (PL-21)
8. Liqhtinq PlanPurpose: To ensure lighting on the subject property is provided incompliance with S8f 06-8.6 and $ 8108-5.12.
Requirement: Existing on-site lighting shall be maintained to:
avoid interference with reasonable use of adjoining properties;
b. avoid conflict with landscape features;
c. minimize on-site and eliminates off-site glare;
d. provide adequate on-site lighting for security;
e. minimize impacts to wildlife movement;
f . minimize energy consumption; and,
g. include devíces that are compatible with the design of the permittedfacility and minimize energy consumption.
Lighting in excess of 150 watts shall not result in direct illumination ofadjacent properties. Any exterior lighting in excess of 150 watts shall behooded and/or directed downward onto the subject parcel to prevent spill-over onto adjacent parcels. ln order to minimize light and glare from theProject, all parking lots, exterior structure light fixtures, and freestandinglight standards must be high cut-off type that divert lighting downward ontothe property to avoid the casting of any direct light onto any adjacentproperty or roadway. The existing on-site as-built lighting plan mustinclude illumination information within parking areas, pathways,streetscapes, and open spaces proposed throughout the development.
Documentation: The Permittee shall submit two copies of the existingas-built lighting plan to the Planning Division for review and approval priorto the issuance of a Zoning Clearance for Use lnauguration.
COND¡TIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPL¡CANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 10
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERM¡T ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
10.
I
Timing: The Permittee shall submit two copies of the existing as-builtlighting plan to the Planning Division for review and approval prior to theissuance of a Zoning Clearance for Use Inauguration. The Permitteeshall maintain the lighting as approved in the lighting plan for the life of thepermit.
Monitoring and Reporting: The Planning Division maintains a stampedcopy of the approved lighting plan in the project file. The Building andSafety lnspector and the Planning Division have the authority to ensurethat the lighting plan is maintained according to the approved lighting plan.The Planning Division has the authority to conduct periodic siteinspections to ensure ongoing compliance with this condition consistentwith the requirements of S 8114-3 of the Ventura County Non-CoastalZon i ng Ord i n ance. (PL-22)
Paleontoloqical Resources - ln the event that paleontological resourcesare encountered during grading or construction, work shall stopimmediately, or be redirected to another area wíthin the construction zone,until a qualified paleontologist is retained by the Permittee to evaluate thesignificance of the find. Any resumption of grading or construction activitiesshall be at the discretion of the Planning Director in consultation with thepaleontologist.
Archaeoloqical Resources - In the event that archaeological remains areencountered during grading or construction, work shall stop immediately,or be redirected to another area within the construction zone, until aqualified archaeologist and Native American representative are retainedby the Permittee to evaluate the significance of the find as part of a Phasell Assessment. lf remains are found to be significant, they shall be subjectto a Phase lll Assessment. Any resumption of grading or constructionactivities shall be at the discretion of the Planning Director in consultationwith the archaeologist and Native American representative.
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 11
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LUl0-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
11. Minimizinq Nuisance lmpacts and Setback from Aoricultural Uses: ThePermittee shall take whatever reasonable steps are necessary asdetermined by the Planning Director to prevent "significant" nuisanceimpacts, including noise, dust and glare, from occurring outside the CUPboundary. The Planning Director may consider evidence of "significant"nuisance levels such as whether or not the impact is a nuisance, neighborcomplaints, and inspections of the site and surrounding areas. Anyquestions about what constitutes "significant" off-site nuisance levels shallbe resolved by the Planning Director or other public agency (such as theAir Pollution Control District) as the Planning Director may designate.
12. Zoninq Clearance and Buildins Permit - PRIOR TO CONSTRUCTION, thePermittee must obtain a Zoning Clearance for construction (installation ofthe handicapped parking spaces, containment area for hazardous materialsand trash enclosures if required) from the Planning Division and a BuildingPermit (if one is required)from the Building and Safety Division.
13. Condition Compliance, Enforcement, and Other Responsibilities
a. Cost Responsibilities: The Permittee shall bear the full costs of allstaff time, material costs, or consultant costs associated with theapproval of studies, generation of studies or reports, on-going permitcompliance, and monitoring programs as described below inCondition 13.b. Specifically, the Permittee shall bear the full costs ofthe following:
i. condition compliance costs which include, but are not limited to,staff time, material costs, or consultant costs associated with theapproval of studies, generation of studies or reports, ongoingpermit condition compliance review, and CEQA MitigationMonitoring/other monitoring programs; and,
ii. monitoring and enforcement costs required by the VenturaCounty Non-Coastal Zoning Ordinance (2010, $8114-3). ThePermittee, or the Permittee's successors-in-interest, shall bearthe full costs incurred by the County or its contractors forinspection and monitoring, and for enforcement activities relatedto the resolution of confirmed violations. Enforcement activitiesshall be in response to confirmed violations and may includesuch measures as inspections, public reports, penalty hearings,forfeiture of securities, and suspension of this CUP. Costs will
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 12
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
be billed at the contract rates in effect at the time enforcementact¡ons are required. The Permittee shall be billed for said costsand penalties pursuant to the Ventura County Non-CoastalZoning Ordinance (S81 1 4-3.4).
b Maintenance of Revolvino Condition Comoliance Account CC08-0030: Condition Compliance Account CC08-0030 was establishedpursuant to CUP LU04-0078, Condition No. 3 (now listed asCondition No. 13) and shall be maintained until this CUP expires(Condition No. 4 above). Condition Compliance Account CC08-0030shall serve as a revolving condition compliance and enforcementaccount to be used by Ventura County agencies to cover costsincurred by Ventura County for Condition Compliance review,monitoring and enforcement costs (Condition 13a, above), and forenforcement costs and penalties assessed pursuant to theprovisions of the Ventura County Ordinance Code, as it may beamended (Condition 13.iii below).lf any of the information provided in the existing reimbursementagreement for Condition Compliance Account CC08-0030 isoutdated and/or inconect, prior to issuance of a Zoning Clearancefor Construction [Condition 13.i (1) above], the Permittee shall submita new signed reimbursement agreement with the updated and/orcorrect information. The reimbursement agreement obligated thePermittee to pay any Condition Compliance review, monitoring, andenforcement costs tCondition 13.iii below). The reimbursementagreement also grants the Permittee the right to challenge anycharges for condition Compliance review, monitoring, andenforcement costs.
c. Monitorinq and Enforcement Costs: The $1,000.00 deposit andreimbursement agreement (Condition 13.b, above) are required toensure that funds are available for legitimate and anticipated costsincurred for Condition Compliance. All permits issued by thePlanning Division may be reviewed and the sites inspected no lessthan once every three years, unless the terms of the permit requiremore frequent inspections. These funds shall cover costs for anyregular compliance inspections or the resolution of confirmedviolations of the conditions of this CUP and/or Ventura County Non-Coastal Zoning Ordinance that may occur.
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 13
d. Billinq Process: The Permittee shall pay any written invoices fromthe Planning Division within 30 days of receipt of the request. Failureto pay the invoice shall be grounds for suspension, modification, orrevocation of this CUP. The Permittee shall have the right tochallenge any charge prior to payment.
14. Defense and lndemnity
As a condition of CUP issuance and use including adjustment, modification,or renewal thereof, the Permittee agrees to:
a Defend, at the Permittee's sole expense, any action brought againstthe County by a third party challenging either the County's decisionto issue this CUP or the manner in which the County is interpretingor enforcing the conditions of this CUP; and
lndemnify the County against any settlements, awards, orjudgments, including attorney's fees, arising out of, or resulting from,any such legal action. Upon written demand from the County, thePermittee shall reimburse the County for any and all court costsand/or attorney's fees which the County may be required by a courtto pay as a result of any such legal action the Permittee defended orcontrolled the defense thereof pursuant to Section 14(a) above. TheCounty may, at its sole discretion, participate in the defense of anysuch legal action, but such participation shall not relieve thePermittee of the Permittee's obligations under this condition.
Neither the issuance of this CUP, nor compliance with the conditionsthereof, shall relieve the Permittee from any responsibility otherwiseimposed by law for damage to persons or property; nor shall theissuance of this CUP serve to impose any liability upon the County ofVentura, its officers, or employees for injury or damage to persons orproperty.
b
CONDITIONS FOR: PL14-0093
PLI 4.0093 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
15.
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 14
Except with respect to the County's sole negligence or intentionalmisconduct, the Permittee shall indemnify, defend, and holdharmless the County, its officers, agents, and employees from anyand all claims, demands, costs, and expenses, including attorney'sfees, judgments, or liabilities arising out of the construction,maintenance, or operations described in Condition No. 1 (PermittedLand Uses), as it may be subsequently modified pursuant to theconditions of this CUP. (PL-13)
I nvalidation of Condition(s)
lf any of the conditions or limitations of this CUP are held to be invalid, thatholding shall not invalidate any of the remaining CUP conditions orlimitations. In the event the Planning Director determines that any conditioncontained herein is in conflict with any other condition contained herein,then where principles of law do not provide to the contrary, the conditionsmost protective of public health and safety and natural environmentalresources shall prevail to the extent feasible.
In the event that any condition imposing a fee, exaction, dedication, or othermitigation measure is challenged by the Permittee in an action filed in acourt of law, or threatened to be filed therein, which action is brought in thetime period provided for by the Code of Civil Procedures ($1094.6), or otherapplicable law, this CUP shall be allowed to continue in force until theexpiration of the limitation period applicable to such action, or until finalresolution of such action, provided the Permittee has, in the interim, fullycomplied with the fee, exaction, dedication, or other mitigation measurebeing challenged.
lf a court of law invalidates any condition, and the invalidation would changethe findings and/or the mitigation measures associated with the approval ofthis CUP, at the discretion of the Planning Director, the PlanningCommission may review the project and impose substitute feasibleconditions/mitigation measures to adequately address the subject matter ofthe invalidated condition. The Planning Commission shall make thedetermination of adequacy. lf the Planning Commission cannot identifysubstitute feasible conditions/mitigation measures to replace the invalidatedcondition, and cannot identify overriding considerations for the significantimpacts that are not mitigated to a level of insignificance as a result of theinvalidation of the condition, then this CUP may be revoked. (PL-14)
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 15
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
16. Recorded Amended Notice of Land Use Entitlement
Purpose: In order to comply with $8111-8.3 of the Ventura County Non-Coastal Zoning Ordinance, an amended notice shall be recorded on thedeed of the subject property that describes the responsibilities of theProperty Owner and Permittee for compliance with applicable permitconditions and regulations.
Requirement: The Permittee and Property Owner of record shall sign,have notarized, and record with the Office of the County Recorder, anAmended Notice of Land Use Entitlement form furnished by the PlanningDivision, for tax assessor's parcel that is subject to this CUP.
Documentation: Recorded Amended Notice of Land Use Entitlement.
Timing: Prior to the issuance of a Zoning Clearance for Use lnauguration.
Monitoring and Reporting: The Permittee shall return a copy of therecorded Amended Notice of Land Use Entitlement to the PlanningDivision for the project file. (PL-11)
17 Relationship of CUP Conditions. Laws and Other Permits
The Permittee shall design, maintain, and operate the CUP area and anyfacilities thereon in compliance with all applicable requirements andenactments of Federal, State, and County authorities. ln the event ofconflict between various requirements, the more restrictive requirementsshall apply. ln the event the Planning Director determines that any CUPcondition contained herein is in conflict with any other CUP conditioncontained herein, when principles of law do not provide to the contrary,the CUP condition most protective of public health and safety andenvironmental resources shall prevail to the extent feasible.
No condition of this CUP for uses allowed by the Ventura CountyOrdinance Code shall be interpreted as permitting or requiring anyviolation of law, lawful rules or regulations, or orders of an authorizedgovernmental agency. Neither the issuance of this CUP, nor compliancewith the conditions of this CUP, shall relieve the Permittee from anyresponsibility othenryise imposed by law for damage to persons orproperty.
A business tax certificate shall be obtained for operation of this business.(PL-16)
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 16
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERM¡T ADJUSTMENT APPROVED: July 18,2012
18. Contact Person
Purpose: ln order to facilitate responses to complaints, a contact personshall be designated.
Requirement: The Permittee shall designate a contact person(s)responsible to respond to complaints from citizens and the Countyregarding the uses permitted by this CUP. The designated contact personshall be available, via telecommunication,24 hours a day.
Documentation: The Permittee shall provide the Planning Director withthe contact information (e.9., name and/or position title, address, businessand cell phone numbers, and email addresses) of the Permittee's fieldagent who receives all orders, notices, and communications regardingmatters of condition and code compliance at the CUP site.
Timing: Prior to the issuance of a Zoning Clearance for construction, thePermittee shall provide the Planning Division the contact information ofthe Permittee's field agent(s) for the project file. lf the address or phonenumber of the Permittee's field agent(s) should change, or theresponsíbility is assigned to another person, the Permittee shall providethe Planning DivÍsion with the new information in writing within threecalendar days of the change in the Permittee's field agent.
Monitoring and Reporting: The Planning Division maintains the contactinformation provided by the Permittee in the respective project file. ThePlanning Division has the authority to periodically confirm the contactinformation consistent with the requirements of $87 14-3 of the VenturaCounty Non-Coastal Zoning Ordinance.
19. Reportino of Maior lncidents
Purpose: To ensure that the Planning Director is notified of majorincidents within the CUP area.
Requirement: The Permittee shall immediately notify the PlanningDirector by telephone, email, FAX, and/or voicemail of any incidents (e.9.,fires, explosions, spills, landslides, or slope failures) that could pose ahazard to life or property inside or outside the CUP area.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 17
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Documentation: Upon request of any County agency, the Permittee shallprov¡de a wr¡tten report of any incident that shall include, but is not limitedto: 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 requestingCounty agency and Planning Division within seven days of the request.
Monitoring and Reporting: The Planning Division maintains anydocumentation provided by the Permittee related to major incidents in theCUP file.
20. Documentation Verifvinq Compliance with Other Aoencies' RequirementsRelated to this CUP
Purpose: To ensure compliance with and notification of federal, state, orlocal government regulatory agencies that have requirements that pertainto the project (Condition No. 1, above) that is the subject of this CUP.
Requirement: Upon the request of the Planning Director, the Permitteeshall provide the Planning Division with documentation (e.9., copies ofpermits or agreements from other agencies, which are required pursuantto a condition of this CUP) to verify that the Permittee has obtained orsatisfied all applicable federal, state, and local entitlements and conditionsthat pertain to the project.
Documentation: The Permittee shall provide this documentation to theCounty Planning Division in the form that is acceptable to the agencyissuing the entitlement or clearance, to be included in the PlanningDivision project file.
Timing: The documentation shall be submitted to the Planning Divisionprior to the issuance of the /Zoning Clearance for Use lnauguration or asdictated by the respective agency.
Monitoring and Reporting: The Planning Division maintains thedocumentation provided by the Permittee in the respective project file. lnthe event that the federal, state, or local government regulatory agencyprepares new documentation due to changes in the project or the otheragency's requirements, the Permittee shall submit the new documentationwithin 30 days of receipt of the documentation from the other agency. (PL-e)
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 18
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
21. Notice of CUP Requirements and Retention of CUP Conditions On-Site
Purpose: ln order to assure compl¡ance, all relevant parties shall beinformed of permit requirements.
Requirement: The owners of record, the contractors, and all other partiesand vendors regularly dealing with the daily operation of the proposedactivities shall be informed, in writing, by the Permittee of the pertinentconditions of this CUP. The Permittee shall retain a copy of the CUP onthe site available for inspection by all parties.
Documentation: The Permittee shall provide a copy of a letter thatinforms all relevant parties of the applicability of the CUP to the subjectoperation and facility. This letter shall also specify the location of the copyof the CUP to be retained onsite.
Timing: Prior to the issuance of the Zoning Clearance for construction,the informational letter shall be provided to the Planning Division. Thecopy of the CUP shall be retained onsite until expiration of this CUP.
Monitoring and Reporting: The Planning Division has the authority toconduct periodic site inspections to ensure ongoing compliance with thiscondition consistent with the requirements of S8114-3 of the VenturaCounty Non-Coastal Zoning Ordinance.
22. Consultant Review of lhformation and Consultant Work
The County and all other County permitting agencies for this land usehave the option of referring any and all special studies that theseconditions require to an independent and qualified consultant for reviewand evaluation of issues beyond the expertise or manpower of Countystaff.
Prior to the County engaging any independent consultants or contractorspursuant to the conditions of this CUP, the County shall confer in writingwith the Permittee regarding the necessary work to be contracted, as wellas the costs of such work. Whenever feasible, the County will use thelowest bidder. Any decisions made by County staff in reliance onconsultant or contractor work may be appealed pursuant to the appealprocedures contained in the Ventura County Zoning Ordinance Code thenin effect.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 19
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERM¡T ADJUSTMENT APPROVED: July 18,2012
The Permittee may hire private consultants to conduct work required bythe County, but only if the consultant and the consultant's proposedscope-of-work are first reviewed and approved by the County. TheCounty retains the right to hire its own consultants to evaluate any workthat the Permittee or a contractor of the Permittee undertakes. lnaccordance with the above paragraph of this Condition, if the County hiresa 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 of the consultant will be at the Permittee's expense. (PL-15)
23. Chanqe of Owner and/or Permittee
Purpose: To ensure that the Planning Division is properly and promptlynotified of any change of ownership or change of Permittee affecting theCUP site.Requirement: The Permittee shall file, as an initial notice with thePlanning Director, the new name(s), address(es), telephone/FAxnumber(s), and email addresses of the new owner(s), lessee(s),operator(s) of the permitted uses, and the company offícer(s). ThePermittee shall provide the Planning Director with a final notice once thetransfer of ownership and/or operational control has occurred.
Documentation: The initial notice must be submitted with the newProperty Owner's and/or Permittee's contact information. The final noticeof transfer must include the effective date and time of the transfer and aletter signed by the new Property Owner(s), lessee(s), and/or operator(s)of the permitted uses acknowledging and agreeing to comply with allconditions of this CUP.
Timing: The Permittee shall provide written notice to the PlanningDirector 10 calendar days prior to the change of ownership or change ofPermittee. The Permittee shall provide the final notice to the PlanningDirector within 15 calendar days of the effective date of the transfer.
Monitoring and Reporting: The Planning Division maintains noticessubmitted by the Permittee in the project file and has the authority toperiodically confirm the information consistent with the requirements of $8114-3 of the Ventura County Non-Coastal Zoning Ordinance.
GONDITIONS FOR: PL14-0093
PL14-0093 APPROVAL DATE
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
24. Consolidation of All Approved Exhibits and Permits
Purpose: In order to assure that the facility is operated in compliance withother federal, state or local government regulatory requirements, thePermittee shall obtain all necessary permits or other documentation.Requirement: The Permittee shall comply with all applicable federal,state and local regulatory requirements.Documentation: The Permittee shall provide copies or permits or othercorrespondence to the County Planning Division for review and approvalthat demonstrates compliance with agency requirements.Timing: The documentation shall be submitted to the Planning Divisionprior to the issuance of the Zoning Clearance for construction or asrequired by the permitting agency.Monitoring and Reporting: The Planning Division shall maintain thedocumentation provided by the Permittee in the project file. ln the eventthat a permit is modified by any other agency, the Permittee shall submitrevised documentation within 30 days of the modification.
Environmental Health Division Conditions
25. On-Site Sewaoe Disposal Svstem
Only domestic waste as defined in the Ventura County General Plan andthe Ventura County Building Code Ordinance is allowed to be dischargedinto the on-site sewage disposal system. (EHD-3)
26 ms Servin Commercial and Multifami
The Los Angeles Regional Water Quality Control Board adopted OrderNo. 01-031 to require general waste discharge requirements forcommercial and multi-family sewage disposal systems. Wastewatergenerated by the project may be subject to waste discharge requirements.For more information regarding the Order and waste dischargerequirements, please contact the Los Angeles Regional Water QualityControl Board at2131576-6600. (EHD-7Only domestic waste as defined inthe County Building Code Ordinance shall be discharged into the on-sitesewage disposal system.
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 20
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOGAT¡ON: 3756 Somis Road, Somis, CA
PAGE: 21
28
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LUl0-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
27. Hazardous Materials Manaoement
The storage, handling, and disposal of any potentially hazardous materialmust be in compliance with applicable state regulat¡ons. (EHD-10)
OFFICE OF AGRICULTURAL COMMISSIONER CONDITIONS
Unpaved areas, storages and pilings should be watered, treated orcovered during high wind events to suppress dust.
ln support of the processing of ornamental agriculture within theAgriculture-accessory structures on-site, most of the agricultural fields onsite are to be planted with the types of ornamental crops that areprocessed on the site. This condition does not preclude the planting ofother types of crops to be sold off-site. Nor does it preclude theimportation of other ornamentals for processing. However, it is intendedthat most of the ornamentals to be processed on-site will be grown on-site. The Agricultural Commissioner and APAC intend that farm propertyowners have a reasonable level of flexibility in their crop choices andprocessing.
PUBLIC WORKS AGENCY (PWA) CONDITIONS
PWA - Enqineerino Services Department (ESD) Conditions
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE FORCONSTRUCTION of a structure, all Public Works Agency permitprocessing and enforcement fees due and owing must be paid in full. Afterissuance of the Zoning Clearance, any additional processing fees must bepaid in full within thirty (30) calendar days of the billing date.
29
30.
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 22
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERM¡T ADJUSTMENT APPROVED: September 18,2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
PWA - Transportation Department (TD) Conditions
31. Other Aqencv Review (Other Recommendation)
When a projecUdevelopment is adjacent to a state route, in a city sphere ofinfluence, or of interest to a municipal advisory committee, then the PWATransportation Department recommends review by other agencies,committees, or stakeholders. The project is adjacent to State Route 34(Somis Road); therefore, we recommend that Caltrans review the project.(TD-19,RMA-153)
Purpose: To ensure the project complies with Ordinance No. 4445.Ordinance 4445 pertains to the diversion of recyclable materials generatedby this project (e.9., paper, cardboard, wood, metal, greenwaste, soil,concrete, plastic containers, beverage containers) from local landfillsthrough recycling, reuse, or salvage. Ordinance 4445 can be reviewed atwww.waste less. o ro/ ord4445.
Requirement: Ordinance 4445, Sec 4770 2.3, requires the Permittee towork with a County franchised solid waste hauler who will determine thelevel of_service required to divert recyclables generated by their project fromlocal landfills. For a complete list of County franchised solid waste_haulers,go to: www.wasteless.orq/commercialhaulers
Documentation: The Permittee must maintain copies of bi-monthly solidwaste billing statements for a minimum of one year. The address on thebilling statement must match the address of the permitted business.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 23
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
33.
Timing: Upon request, the Permittee must provide the IWMD with a copyof a current solid waste billing statement to verify compliance with thiscondition.
Monitoring and Reporting: Upon request, the Permittee shall allowIWMD staff to perform a free, on s¡te, waste audit to verify recyclablematerials generated by their business are being diverted from the landfill.(rwMD 1)
Collection and Loadinq Areas for Refuse and Recvclables
Purpose: To comply with the California Solid Waste Reuse and RecyclingAccess Act of 1991 (CA Public Resources Code 42900-42901.
Requirement: The Permittee shall adhere to the County's SpaceAllocation Guidelines which include minimum space requirements forrefuse and recycling bins and recommend aesthetic, gated, trashenclosures. Please review the County's Space Allocation Guidelines at:www. wa ste I e s s. o rg/s p a ce a I I o cati o n g u id e I i n es.
Documentation; The Permittee shall submit a site plan to the IWMDindicating the location of a trash enclosure, or a designated area on theproperty, with sufficient space to accommodate refuse and recycling binsnecessary to meet the needs of the project
Timing: Prior to lssuance of a Zoning Clearance for Construction or UseInauguration, the Permittee must submit a site plan to the IWMD forreview/approval that indicates the location of a trash enclosure ordesignated area on the property for siting refuse and recycling bins.
Monitoring and Reporting: Upon request, the Permittee shall allowIWMD staff to verify a trash enclosure has been constructed on thepremises.
CONDITIONS FOR: PLl4-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 24
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LUl0-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Watershed Protection District - Ground Water Qualitv Section (GWQ)Gonditions
34. Vehicle and Equipment Maintenance Area
Purpose: ln accordance with the Ventura County General Plan Policies1.3.2.2 & 4a, Vehicle and Equipment Maintenance Area is required.
Requirement: All vehicle and equipment maintenance shall be conductedon a covered (roof or canopy), concrete pad with a berm to be dedicatedfor the sole purpose of maintenance of vehicles and equipment. Theconcrete shall be underlain by a cemented and lapped 80 mil HDPE linerturned up on the edges to prevent leakage. Construct a closed end sumpon the concrete pad to collect any potential liquid runoff from themaintenance area for legal disposal off site.
Documentation: A copy of the approved Vehicle and EquipmentMaintenance Area site plan.
Timing: Prior to the issuance of a Zoning Clearance for use inauguration,the Permittee shall submit a Vehicle and Equipment Maintenance Areasite plan to the WPD for review and approval.
Monitoring and Reporting; A copy of the approved Vehicle andEquipment Maintenance Area site plan will be maintained in the case file.The Permittee shall allow the WPD to inspect the Vehicle and EquipmentMaintenance Area upon request. (GWO 2)
35. Containment Area for Liouid Waste and Petroleum Products
Purpose; ln accordance with the Ventura County General Plan Policies1.3.2.2 & 4a, Containment Area for Liquid Waste and Petroleum Products isrequired.
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 25
Requirement: All liquid waste and petroleum products shall be stored inproper containers and stored in pre-approved or des¡gnated containmentareas on¡y. lf waste products will be stored in an alternate temporarylocation, Permittee shall provide detailed plans of impermeable area withsame construct¡on as containment areas. Specifically describe where thesewaste products will be stored, an estimate of the amount of accumulatedwaste at any one time and information on the planned frequency fordisposal.
Documentation: A copy of the approved Containment Area for LiquidWaste and Petroleum Products site plan.
Timing: Prior to the issuance of a Zoning Clearance for use inauguration,the Permittee shall submit a Containment Area for Liquid Waste andPetroleum Products site plan to the WPD for review and approval.
Monitoring and Reporting: A copy of the approved Containment Area forLiquid Waste and Petroleum Products site plan will be maintained in thecase f¡le. The Permittee shall allow the WPD to inspect the ContainmentArea for Liquid Waste and Petroleum Products upon request. (GWO-3)
36 Contain Area for Hazardous Materials
Purpose: In accordance with the Ventura County General Plan Policies1.3.2.2 & 4a, Containment Area lor Hazardous Materials is required.
Requirement: The Permittee shall submit a site plan to the WPD thatshows all hazardous materials, fertilizers and chemicals are stored in aContainment Area properly designated and equipped for the safe storage ofthe hazardous materials, fertilizers and chemicals.
Documentation: A copy of the approved Containment Area for HazardousMaterials site plan.
Timing: Prior to the issuance of a Zoning Clearance for use inauguration,the Permittee shall submit the Containment Area for Hazardous Materialssite plan to the WPD for review and approval.
CONDITIONS FOR: PLl4-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 26
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Monitoring and Reporting: A copy of the approved Containment Area forHazardous Materials site plan will be maintained in the case file. ThePermittee shall allow WPD to inspect the Containment Area for HazardousMaterials upon request. (GWO-7)
Watershed Protection District - Water & Environmental Resources Division.Surface Water Qualitv ction ÍSWOI Gonditions
37. Compliance with Conditional Waiver of Waste Discharoe Reouirementsfor lrriqated Lands within the Los Anqeles Reqion
Purpose: In order to ensure the agricultural operations do no impactwater quality resources, the project applicant shall maintain compliancewith all requirements in the Conditional Waiver of Waste DischargeRequirements for Discharges from lrrigated Agriculture Lands within theLos Angeles Region Order No. R4-2010-0186 (Conditional Waiver)
Requirement: California Regional Water Quality Control Board LosAngeles Region (RWOCB) adopted the Conditional Waiver in October2010. Coverage under the Conditional Waiver is required for allagricultural irrigated lands. For the proposed project, the applicant shallensure coverage and compliance under the Conditional Waiver Order No.R4-2010-0186.
Documentation: Proof of coverage under the Conditional Waiver No.R4-2O10-0186 using one of the following documents:
a) Copy of complete and current Notice of Intent (NOl) form that wasfiled with RWQCB; The NOI form is available athttp ://vrnnnv. swrcb. ca. gov/nruqcb4/water_issues/progra ms/tmd l/waiversll 1 22_1 0/NOl_final.pdf, OR
b) Copy of completed Ventura County Agricultural lrrigated LandsGroup (VCAILG) enrollment form that was filed with the FarmBureau of Ventura County, OR
c) Copy of VCAILG's invoice payment.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGEI. 27
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Watershed Protection District -Advanced Planning SectionFloodplain Conditions
38 Floodplain Mitiqation MeasuresFor any new construction, storage of construction equipment and/ormaterials, and site grading on the site, the Applicant shall implement all ofthe floodplain mitigation measures specified in the 'Floodplain MitigationPlan' as prepared by Jensen Design & Survey, dated January 20,2011.
39. Floodplain Clearance
Purpose: To comply with the Ventura County Floodplain ManagementOrdinance and Ventura County General Plan policies 2.10.2-2 and2.10.23.
Requirementi The Permittee shall obtain a Floodplain Clearance fromthe Ventura County Public Works Agency Floodplain Manager.
Timing; The Floodplain Clearance shall be obtained by the Applicantprior to f ssuance of a Zoning Clearance
Documentation: A Floodplain Clearance issued by the Ventura CountyPublic Works Agency Floodplain Manager.
Monitoring and Reporting: A copy of the approved Floodplain Clearanceshall be provided to the County Building & Safety Department as well asmaintained in the case file by the Public Works Agency.
Timing: Prior to the issuance of a Zoning Clearance for Use lnauguration,the applicant shall provide a proof of coverage under the ConditionalWaiver No. R4-2010-0186 (one document from the list "a" through c"above) for review and approval by the WPD-SWQS.
Monitoring and Reporting: The WPD-SWQS staff will review thesubmitted proof of coverage for consistency with the Conditional Waiverrequirements.
CONDITIONS FOR: PLl4-0093 APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 28
40
PL14.OO93 APPROVAL DATE
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
AIR POLLUTION CONTROL DISTRICT CONDITIONS
All unpaved on-site roads shall be periodically watered or treated withenvironmentally-safe dust suppressants to prevent excessive amounts ofdust.
41 All active portions of the site shall be either periodically watered or treatedwith environmentally-safe dust suppressants to prevent excessiveamounts of dust.
42. On-site vehicle speeds shall not exceed 15 miles per hour.
43 Aqricultural Buildinqs (Group U Occupancies) - Use of these buildingsshall comply with the limitations under the California Buibing Code asdetermined by the Ventura County Building Official. Any use not incompliance will require a Change of Occupancy to be submitted to boththe Building & Safety Division and F¡re District for review and approval.Use of cut flowers within these buildings is subject to on-going review bythe Building Official and Fire District and may change if circumstances ofthe use, and or the basis of the report that this use was based uponchanges in the future and shall be limited to:
a) Cut flowers kept in water/glycerin solution for seven days withinGroup U occupancy building. After seven days, the product needsto be removed and processed, including drying, outside or in aGroup S or F building depending on the nature of the processing.
44. Access Road Widths, Multi-Family, Commercial or lndustrial
Purpose: To ensure that adequate fire department access is provided inconformance with current California State Law and Ventura County FireProtection District Ord inance.
CONDITIONS FOR: PLl4-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 29
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Requirement: The Permittee shall provide a minimum paved width of 25feet for all on-site driveways. Parking is prohibited on the required width ofany driveway less than 36 feet in width. Proposed parking lot shall bemade with an all-weather surface. Walkways shall be provided from B-8,clear 20 foot access shall be provided between B-8 and 8-6 noobstructions.
Documentation: A stamped copy of the approved access plan.
Timing: The Permittee shall submit an access plan to the Fire PreventionBureau for approval before the issuance of building permits. All requiredaccess shall be installed before the start of combustible construction.
Monitoring and Reporting: A copy of the approved access plan shall bekept on file with the Fire Prevention Bureau. The Fire Prevention Bureaushall conduct a final inspection to ensure that the access is installedaccording to the approved plans. Unless a modification is approved bythe Fire Prevention Bureau, the Permittee, and his successors in interest,shall maintain the access for the life of the development. (VCFPD-4)
45. Turnarounds
Purpose: To ensure that adequate fire department access is provided inconformance with current California State Law and Ventura County FireProtection District Ordinance.
Requirement: The Permittee shall provide an approved turnaround areafor fire apparatus where dead-end Fire Department access roads /driveways exceed 150 feet. Required turnaround areas shall be designedsuch that they:
i. Do not exceed a 5% cross-slope in any direction.ii. Are located within 150 feet of the end of the access road /
drivewayiii. Are posted as fire lanes in accordance with Ventura County Fire
Protection District Standards.iv. Are kept free of obstructions at all times.
Documentation: A stamped copy of the approved access plan.
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18,2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 30
Timing: The Permittee shall submit access plans to the Fire PreventionBureau for approval before issuance of building permits. The plans shallindicate all access road/driveway locations and proposed turnaroundlocation and design. All required turnarounds shall be installed before thestart of combustible construction.
Monitoring and Reporting: A copy of the approved access plans shall bekept on file with the Fire Prevention Bureau. The Fire Prevention Bureaushall conduct a final inspection ensure that turnaround areas are installedaccord¡ng to the approved plans. Unless a modification is approved bythe Fire Prevention Bureau, the Permittee, and his successors in interest,shall maintain the turnaround areas for the life of the development.(vcFPD-14)
46. Access Road Gates
Purpose: To ensure that adequate Ìire department access is provided inconformance with current California State Law and Ventura County FireProtection District Standards.
Requirement: The Permittee shall design and install all gates alongrequired fire access roads / driveways consistent with Fire ProtectionDistrict Standards.
Documentation: A stamped copy of the approved gate plans.
Timing: The Permittee shall submit gate plans to the Fire PreventionBureau for approval before the installation of any access gates. Thesubmittal shall include a copy of zoning clearance issued by the PlanningDepartment.
Monitoring and Reporting: A copy of the approved gate plan shall bekept on file with the Fire Prevention Bureau. The Fire Prevention Bureaushall conduct a final inspection to ensure that access gates are installedaccording to the approved plans. Unless a modification is approved bythe Fire Prevention Bureau, the Permittee, and his successors in interest,shall maintain the gates for the life of the development. (VCFPD-3O)
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 31
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
47. Fire Lanes
Purpose: To ensure that adequate fire department access is provided inconformance with current California State Law and Ventura County FireProtection District Ord inance.
Requirement: The Permittee shall post all fire lanes in accordance withCalifornia Vehicle Code, the International Fire Code and current VenturaCounty Fire Protection District Fire Lane Standards. All fire lane markings/ signs shall be located within recorded access easements. The Permitteeshall maintain all required fire lane markings / signs to be clearly visible.
Documentation: A stamped copy of the approved fire lane plan.
Timing: The Permittee shall submit two (2) copies of the site plan to theFire Prevention Bureau for approval before the issuance of buildingpermits. All required fire lanes shall be installed before final occupancy.
Monitoring and Reporting: A copy of the approved fire lane plan shall bekept on file with the Fire Prevention Bureau. The Fire Prevention Bureaushall conduct a final inspection to ensure that all fire lanes are installedaccording to the approved plans. Unless a modification is approved bythe Fire Prevention Bureau, the Permittee, and his successors in interest,shall maintain the fire lanes for the life of the development. (VCFPD-26)
48. Fire Flow
Purpose: To ensure that adequate water supply is available to the projectfor firefighting purposes.
Requirement: The Permittee shall verify that the water purveyor canprovide the required volume and duration at the project. The minimumrequired fire flow shall be determined as specified by the current adoptededition of the Ventura County Fire Code and the applicable Water Manualfor the jurisdiction (whichever is more restrictive). Given the present plansand information, the required fire flow is approximately 4000 gallons perminute at20 psi for a minimum 4 hour duration. A minimum flow of 1250gallons per minute shall be provided from any one hydrant. Note: ForCommercial, lndustrial, Multi-family buildings, a minimum fire flow of 1,000GPM shall be provided from each hydrant when multiple hydrants areflowing at the same time.
CONDITIONS FOR: PLl4-0093
PL1 4.0093 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLIGANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 32
Documentation: A signed copy of the water purveyor's fire flowcertification.
Timing: The Permittee shall provide to the Fire District, verification fromthe water purveyor that the purveyor can provide the required fire flow. lfthere is no map recordation, the Permittee shall submit a signed copy ofthe water purveyor's certification to the Fire Prevention Bureau forapproval before the issuance of building permits.
Monitoring and Reporting: A copy of the fire flow certification shall bekept on file with the Fire Prevention Bureau. (VCFPD-32)
49. Fire Hvdrant(s)
Purpose: To provide fire hydrants capable of meeting the required fireflow and duration.
Requirement: The Permittee shall provide fire hydrant(s) per the currentadopted edition of the Ventura County Fire Code, Appendix C. Designand installation shall conform to the minimum standard of the VenturaCounty Water Works Manual.
Documentation: A stamped copy of the approved fire hydrant locationplan.
Timing: The Permittee shall submit a site plan to the Fire PreventionBureau for fire hydrant placement and approval before the issuance ofbuilding permits. The plans shall indicate all existing fire hydrants locatedwithin 500 feet of the project site, the type of hydrant (i.e. wet or drybarrel) and the number and size of outlets. All required fire hydrants shallbe installed per the approved plans and in-service before the start ofconstruction.
Monitoring and Reporting: A copy of the approved fire hydrant plansshall be kept on file with the Fire Prevention Bureau. The Fire PreventionBureau shall conduct on-site inspections to ensure that the fire hydrantsare installed according to the approved plans. Unless a modification isapproved by the Fire Prevention Bureau, the Permittee, and hissuccessors in interest, shall maintain the fire hydrants for the life of thedevelopment. (VCFPD-34)
CONDITIONS FOR: PL14-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 33
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
50 nt Location Marke
Purpose: To assist with rapid locating of fire hydrants during emergencyresponses.
Requirement: The Permittee shall install blue reflective fire hydrantlocation markers on the access road per Ventura County Fire ProtectionDistrict Standards.
Documentation: A stamped copy of the approved fire hydrant locationplan and Ventura County Fire Protection District Fire Hydrant Standards.
Timing: The Permittee shall install all required blue reflective fire hydrantlocation markers at the time access is installed. lf the final asphalt cap isnot in place at the time of occupancy, the markers shall be installed andshall be replaced when the final asphalt cap is completed.
Monitoring and Reporting: A copy of the approved fire hydrant plansshall be kept on file with the Fire Prevention Bureau. The Fire PreventionBureau shall conduct on-site inspections to ensure that the fire hydrantsand markers are installed according to the approved plans. Unless amodification is approved by the Fire Prevention Bureau, the Permittee,and his successors in interest, shall maintain the fire hydrants andmarkers for the life of the development. (VCFPD-36)
51 Fire Sorinklers & Stancloioes
Purpose: ln order to minimize fire hazards, the project shall beconstructed in conformance with current California Codes and the VenturaCounty Fire Protection District Ordinance.
Requirement: The Permittee shall install an automatic fire sprinklersystem in all structures. The fire sprinkler system shall be designed andinstalled by a California-licensed contractor.
Documentation: The Permittee shall submit the plans for the firesprinkler system to the VCFPD for review and approval.
Timing: Prior to the installation and inspection of the fire sprinklersystem, the fire sprinkler system plans must be approved by the FirePrevention Bureau.
CONDITIONS FOR: PL14-0093
PLI4.OO93 APPROVAL DATE:
APPL¡CANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 34
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
Monitoring and Reporting: A copy of the approved fire sprinkler plansshall be kept on file with the Fire Prevention Bureau. The Fire PreventionBureau shall conduct on-site inspections to ensure that the fire sprinklersystem is installed according to the approved plans. Unless amodification is approved by the Fire Prevention Bureau, the Permittee,and his successors in interest, shall maintain the fire sprinkler system forthe life of the development.
52. Fire Department Clearance
Purpose: To inform the Permittee of all fire department requirementsapplicable to the proposed project.
Requirement: The Permittee shall complete a VCFPD Form #126"Requirements for Construction." for any new structures or additions toexisting structures before issuance of building permits.
Documentation: The Permittee shall submit to the VCFPD a signedcopy of the Ventura County Fire Protection District's Form #126" Requirements for Construction."
Timing: Prior to the issuance of building permits, the submitted VCFPDForm #126 Application must be approved by the Fire Prevention Bureau.
Monitoring and Reporting: A copy of the completed VCFPD Form #126shall be kept on file with the Fire Prevention Bureau. The Fire PreventionBureau will conduct a final on-site inspection of the project to ensurecompliance with all conditions and applicable codes / ordinances.
53. Fire Code Permits
Purpose: ln order to minimize fire hazards, the project shall beconstructed in conformance with the requirements of the Ventura CountyFire Code.
Requirement: The Permittee and/or tenant shall obtain all applicable FireCode permits.
Documentation: The Permittee shall submit a Fire Code permitapplication along with required documentation/plans to the Fire PreventionBureau for review and approval.
CONDITIONS FOR: PLl4-0093
PL14.OO93 APPROVAL DATE:
LU04-0078 APPROVAL DATE: June 19, 2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 35
Timing: Prior to final occupancy clearance, installation or use of anyrequ¡red item or system, the Permittee must obtain approval of allnecessary Fire Code permits.
Monitoring and Reporting: A copy of the approved Fire Code permitsshall be kept on file with the Fire Prevention Bureau. The Fire PreventionBureau shall conduct a final inspection to ensure that the requirements ofthe Fire Code permit are installed according to the approved plans.Unless a modification is approved by the Fire Prevention Bureau, thePermittee, and his successors in interest, shall maintain the conditions ofthe Fire Code permit for the life of the development.
54. Prefabricated Sea Carqo / Metal Storaoe Containers
Purpose: To ensure a reasonable degree of life and property protectionis provided.
Requirement: The Permittee shall comply with Ventura County BuildingDepartment and Ventura County Fire Protection District Standards or shallmeet requirements as a new building under the Building and Fire Codes.
Documentation: A signed copy of the project plans with Fire PreventionBureau's approval
Timing: The Permittee shall submit documentation indicating that theproposed containers met the requirements of Ventura County FireProtection District standards to the Fire Prevention Bureau for approvalbefore use of any container.
Monitoring and Reporting: A copy of the approval shall be kept on filewith the Fire Prevention Bureau. The Fire Prevention Bureau shallconduct a final inspection to ensure that the prefabricated sea cargo/metalstorage containers are installed according to the approval. Unless amodification is approved by the Fire Prevention Bureau, the Permittee,and his successors in interest, shall maintain the approved use andinstallation of the prefabricated sea cargo/metal storage containers for thelife of the project. (VCFPD-56)
CONDITIONS FOR: PLl4-0093
PL14.OO93 APPROVAL DATE:
APPLICANT: Floral Gift and Home Décor
LOCATION: 3756 Somis Road, Somis, CA
PAGE: 36
LU04-0078 APPROVAL DATE: June 19,2008LU09-0090 PERMIT ADJUSTMENT APPROVED: September 18, 2009LU10-0071 PERMIT ADJUSTMENT APPROVED: July 18,2012
55. lnspection Authoritv
Purpose: To ensure on-going compliance with all applicable codes,ordinances and project cond¡tions.
Requirement: The Permittee, by accept¡ng these project conditions ofapproval, shall acknowledge that the fire code official (Fire District) isauthorized to enter at all reasonable times and examine any building,structure or premises subject to this project approval for the purpose ofenforcing the Fire Code and these conditions of approval.
Documentation: A copy of the approved entitlement conditions.
Timing: The Permittee shall allow on-going inspections by the fire codeofficial (Fire District) for the life of the project.
Monitoring and Reporting: A copy of the approved entitlementconditions shall be kept on file with the Fire Prevention Bureau. The FirePrevention Bureau shall ensure ongoing compliance with this conditionthrough on-site inspections. (VCFPD-60)
