November 1, 2012 Ventura County Planning Commission Standard Industries Conditional Use Permit Case No. LU09-0128, Parcel Map Waiver-Voluntary Merger Case.

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Presentation transcript:

November 1, 2012 Ventura County Planning Commission Standard Industries Conditional Use Permit Case No. LU , Parcel Map Waiver-Voluntary Merger Case No. SD & Variance Case No. LU Kristina Roodsari, Case Planner Ventura County Planning Division

Site Location

Zoning and Land Use Designation Project site and offsite parking: General Plan Designation: Existing Community Urban Reserve Zoning: M2 10,000 SF PMW-VM: General Plan Designation: Open Space Zoning: OS 80 ac/MRP

Project Site 1421 Lirio Avenue: Offsite Parking area 1905 Lirio Avenue: Standard Industries site and storage yard Santa Clara River

History  Development Permit No. 64 approved March 26, 1962 Seed company various modifications from 1964 to 1980  Planned Development Permit No approved March 8, 2001 Metals Recycling Facility  Permit Adjustment to Planned Development Permit No Relocate 1,152 square foot modular building Convert 2,800 square foot of a storage warehouse area into office space Adjust permit boundary line to coincide with PMW/LLA No. SD1091

Violation History  Zoning Violation No. ZV (August 27, 2008)  Zoning Violation No. ZV (June 19, 2009) Exceeding amount of open storage on the property Maintaining a travel trailer as a dwelling Conducting unpermitted activities onsite (metal processing ) Maintaining open storage in required parking & loading areas Maintaining open storage stacked higher than 8 feet within 20 feet of a perimeter wall or fence Maintaining landscaping onsite inconsistent with landscaping approved under PD. No Erection of metal wall and shade structure without the required permits

Compliance Agreements Three Compliance Agreements have been entered into between the County and the Applicant to abate the violations 1.CA No : (Abatement of violations) Executed August 4, 2009 Applicant Failed to fulfill obligations 2.CA No : (Addressed pile height) Executed on May 29, 2011 Applicant fulfilled obligations 3. CA No : (Abatement of remaining violations) Executed on February 3, 2012 and July 12, 2012

Site circa 2008

Storage yard circa 2009

Site Photos

Entrance of facility looking at the end of Lirio Avenue Entrance of facility looking west

Site Photos Unpermitted steel wall adjacent to Santa Clara River Unpermitted steel wall adjacent to Brown Barranca

Site Photos Storage yard looking towards State Route 118

Site Circa 2011 Storage piles in interior yard at approximately 15 feet in height

Conditional Use Permit No. LU Requested CUP would authorize the operation and maintenance of a recyclable metal collection and processing facility 30-foot outdoor metal storage piles Installation of new landscaping to screen outdoor piles Legalization of perimeter steel wall and guard house Monday through Friday 5 am to 9 pm; Saturday 6 am to 6 pm 45 employees 14 parking spaces onsite; remaining parking offsite Shuttle service provided by Applicant during business hours

Site Plan

Offsite Parking Area Lirio Avenue Brown Barranca

Offsite Parking Area

Landscape Screening Plan Santa Clara River

Parcel Map Waiver-Voluntary Merger No. SD Requested Parcel Map Waiver- Voluntary Merger would authorize the merger of a portion of a parcel owned by United Water Conservation District with a parcel owned by the Applicant. Standard Industries property United Water Conservation District property

Variance No. LU Requested Variance would authorize the use of 10 parking spaces in the front yard setback at the project site

Environmental Document Proposed project will create potentially significant but mitigible impacts to: Special-status wildlife Scenic Resources Noise and Vibration Flood Control District Watercourses and Facilities

Mitigation Measures 1.Landscape Screening Plan (Condition No. 19) 2. Monitoring of Landscape Screening installation by a County approved biological consultant (Condition No. 26) 3.Fish and Game Streambed Alteration Agreement (Condition No. 27) 4. Prohibition on Operation of Equipment and Performance of Maintenance Activities from 5 am to 6 am (Condition No. 29) 5. Flood Control Easement Dedication and Removal of Unpermitted Structures in Easement Areas (Condition No. 43)

Public Comment  MND Public Comment Period: August 7, 2012 to September 6, 2012 Native American Heritage Commission: No Comments California Department of Fish and Game: Biological mitigation measures would minimize impacts to the Santa Clara River City of Ventura: No Comments

CUP Findings § of the Ventura County Non-Coastal Zoning Ordinance a.The proposed development is consistent with the intent and provisions of the County's General Plan and of Division 8, Chapters 1 and 2, of the Ventura County Ordinance Code; b. The proposed development is compatible with the character of surrounding, legally established development; c. The proposed development would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare; e. The proposed development, if allowed by a Conditional Use Permit, is compatible with existing and potential land uses in the general area where the development is to be located; and f. The proposed development will occur on a legal lot.

Subdivision Findings § of the Ventura County Subdivision Ordinance c.All subject parcels are legal lots d.The PMW-VM creates one new lot out of two previously existing lots by eliminating the common lot lines which separate the lots

Variance Findings § of the Ventura County Non-Coastal Zoning Ordinance a. That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; b. That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; c. That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; d. That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and, e. That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the County's Hazardous Waste Management Plan (CHWMP) which identify specific sites or siting criteria for hazardous waste facilities. The Applicant has provided adequate evidence that the required findings can be made.

Recommended Actions 1.CERTIFY that the Commission has reviewed and considered this staff report and all exhibits thereto, including the proposed MND (Exhibit 4) and Mitigation Measures and Mitigation Monitoring and Reporting Program (Exhibit 5), and has considered all evidence and comments received during the public comment and public hearing process on this project; 2.FIND that Mitigation Measure SR-1 (Condition No. 19 – Landscape Screening Plan), as revised and shown in the enclosed, final conditions of approval, is equivalent to Mitigation Measure SR-1 as set forth in the MND, dated August 1, 2012, in mitigating impacts to biological resources, and it in itself will not cause any potentially significant effect on the environment; 3. FIND, based on the whole of the record before the Planning Commission, including the Initial Study, the and any public comments received and corresponding Planning Division responses, that there is no substantial evidence that the project will have a significant effect on the environment and that the proposed final Mitigated Negative Declaration reflects the Planning Commission independent judgment and analysis;

Recommended Actions (continued) 4.ADOPT the MND (Exhibit 4) and Mitigation Monitoring Program (Exhibit 5); 5.MAKE the required findings to grant a Conditional Use Permit pursuant to § of the Ventura County Non-Coastal Zoning Ordinance, based on the substantial evidence presented in Section E of this staff report and the entire record; 6.GRANT Conditional Use Permit (LU ), subject to the attached conditions of approval (Exhibit 5); 7.MAKE the required findings to tentatively approve a Parcel Map Waiver/Voluntary Merger pursuant to § of the Ventura County Subdivision Ordinance, based on the substantial evidence presented in Section E of this staff report and the entire record;

Recommended Actions (continued) 8.APPROVE Parcel Map Waiver/Voluntary Merger (PMW-VM) SD ; 9.MAKE the required findings to grant a Variance pursuant to § of the Ventura County Non-Coastal Zoning Ordinance, and § of the Ventura County General Plan Goals, Policies and Programs, based on the substantial evidence presented in Section E of this staff report and the entire record; 10.GRANT Variance No. LU ; and, 11.SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S. Victoria Avenue, Ventura, CA is the location, of the documents and materials that constitute the record (LU and SD ) of proceedings upon which this decision is based.