l ventura ofvcportal.ventura.org/rma/planning-archives/pdf/meetings-agendas... · project site...

RESOURCE MANAGEMENT AGENCY

county of venturaPlanning Division

Kimberly L PrillhartDirector

&@

May 1 ,2012

Mrs. Lanie Doll2377 Grand AvenueFillmore, CA 93015

Subject: Notification of Hearing Date for;Parcel Map Waiver-Lot Line Adjustment (PMW-LLA)

Case No. SD11-00022377 Grand Avenue, FillmoreAssessor's Parcels Numbers: 043-0-020-015, 043-0-020-290, 043-0-020-

31 O, 043-0 -020-320, and 043-0-030-01 5

Dear Mrs. Doll:

The planning Division has prepared the staff report and the draft Conditions of Approval

ror your r",i¡"*. lf you have any questions or concerns concerning these conditions

pteáse contact me, Debbie Moriisset your case planner, to discuss them prior to the

hearing date.

pursuant to the State CEqA Guidelines [California Code of Regulations, Title 14,

Chapter 3, 515061(bX2) and California Environmental Quality Act Class 5, Section

153ó5, "Mínðr nlterâtiôió in tano use Limilations" the proposed project is exempt from

environmental review . The pubtic hearinq for this proiect is schedu,led. for Mav 10. 2012

at 10:30 pM. tf this date or time is unacceptable, please contact me, as soon as

Ñurpresenceatthehearingisadvisableiftheprojecthasarousedpublic'.on."rn, or if you wish to discuss the projec conditions with the case planner.

lf you have any questions about your application, please contact me, at 805-654-3635

or via e-mail at Debbie.Morrisset@ventura.< rg'

Sincerely,

MorrissetSenior PlannerVentura CountY Planning Division

Enclosed: staff report and exhibits

c: Case FilePublic Works Agency, Surveyor's Office - Wayne Battleson

Ventura Count/Fire-Protection Dist¡ct - Marnel VandenBossche

B0O South Victoria Avenue, l#1740, Ventura, CA 93009 (805) 654-2481 Fax (805) 654-2509

Prlnted on necycled Papar

COUNTY OF VENTURAPLANNING DIRECTOR STAFF REPORT AND RECOMMENDATIONS

DtscRETtoNARy PARCEL MAP WATVER-LOT LINE ADJUSTMENT (PMW-LLA)HEARING ON MAY '10,2012

A. PROJECT INFORMATION

1. Proposed Request: The applicant is requesting approval of a PMW-LLA (CaseNo. SD11-0002).

2. ApplicanUOwner: Ms. Lanie Doll,2377 Grand Avenue Fillmore, CA 93015

3. Applicant's Representative/Surveyor: Ed Cox, California Surveyors &Engineers, 1 19 S. Katherine St., Ventura CA 93003

4. Decision-Making Authority: Pursuant to the Ventura County SubdivisionOrdinance (VCSO) [58201-6, Definition of "Advisory Agency," Subsection (b)],the Planning Director is the decision-maker for the requested PMW-LLA.

5. Project Site Location and Parcel Number: The project site is located at2401and 2377 Grand Avenue, near the intersection of Grand Avenue/Bridge Streetand the City of Fillmore, in the unincorporated area of Ventura County. The TaxAssessor's parcel numbers (APN) for the parcels that constitute the project siteare 043-0-020-010, 043-0-020-320,043-0-020-310, 043-0-020-290, and 043-0-030-010 (Exhibit 6).

6. Project Site Existing Land Use and Zoning Designations:

a. Countvwide General Plan Land Use Map Designation: Open Space andAgriculture (Exhibit 2)

b Zonino Desionation: "AE-40 ac" (Agricultural Exclusive,40 acre minimum lotsize) and "OS-160 ac" (Open Space 160 acre minimum lot size) (Exhibit 2)

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

WestEastSouthNorth

Location inRelation to theProiect Site

OS-'160 acAE-40 acAE-40 acAE40 ac

Zoning

Open space (undeveloped)Aqriculture (citrus and avocado trees)Aqriculture (qreenhouse nursery operation)Aqriculture (citrus and avocado trees)

Land Uses/Development

8. Parcel History: Each of the four lots to be adjusted was legally created, asshown in a Preliminary Legal Lot Determination, dated June 8,2004 (Case Nos

Planning Director Staff Report for PMW-LLA Case No. SD11-0002Planning Director Hearing on May 10,2012Page 2 of 16

AD04-0152 and AD04-0153). Each of the three lots was created in compliancewith the Subdivision Map Act and Ventura County Subdivision Ordinance.

APNs 043-0-030-015 and 043-0-020-015 (combined) comprise one lot that wascreated as a remainder of a conveyance (deeds recorded on July 11, 1941, inBook 638, Page 568 and Book 640, Page 239, after a deed recorded on April 7,1947, in Book 783, 21, all of Official Records of Ventura County) prior toregulation by the Subdivision Map Act and Ventura County SubdivisionOrdinance.

APN 043-0-020-290 is a legal lot described as Parcel A of Exhibit A of recordedCertificate of Compliance (legal lot certificate) No. 04-08-605 recorded onOctober 5, 2004, as Document No. 20041005-0269597 of Official Records.

APN 043-0-020-310 is a legal lotdescribed in Parcel B of Exhibit A of recordedCertificate of Compliance (legal lot certificate) No. 04-08-605 recorded onOctober 5,2004, as Document No. 20041005-0269597 of Official Records.

APN 043-0-020-320 is a legal lot described in Parcel C of Exhibit A of recordedCertificate of Compliance (legal lot certificate) No. 04-08-605 recorded onOctober 5,2004, as Document No. 20041005-0269597 of Official Records.

Proposed parcels Parcel B and D of SD11-0002 are vacant. Proposed parcels Aand C of SD11-0002 are developed with permitted residential uses and Parcel Aalso has an equestrian facility violation that requires a land use permit, per CV10-0055 for a "Non-permitted temporary outdoor event including horse events andcamping: "Spring Fling-Extreme Cowboy Races" and "Clinic".

The applicant has requested the approval of a PMW-LLA (described below) toabate setback violations (Case No. CV10-0056) that pertain to an illegal mobilehome on APNs 043-0-020-290 and 043-0-020-010, by enlarging APN 043-0-020-320 and creating additional space between the structure and the surrounding lotlines.

9. Project Description: The proposed project consists of a PMW-LLA toreconfigure four existing legal nonconforming lots, as shown in the followingtable.

Parcel DParcel GParcel BParcelA

Parcel*

102.97 acres1.74 acres1 1.05 acres10.1 1 acres

Existing GrossLot Area

102.83 acres3.64 acres10.19 acres9.22acres

Proposed Gross Lot Area

N/A3.56 acresN/A8.77 acres

Proposed Net Lot Area(For Lots Under l0 acres)

*See Exhibit 3 for the legal description and sketch maps of the parcels listed in this table.

Planning Director Statf Report for PMW-LLA Case No. SD11-0002Planning Director Hearing on May 10,2012Page 3 of 16

All of the existing lots are, and the proposed reconfigured lots will be,nonconforming with regard to the minimum lot size requirements of the AE-40 acand 05-160 ac zones. As discussed above, the proposed project will abatesetback violations that pertain to an illegal 1,400 sf mobile home on existingParcels B and D. The existing residence and accessory structures are from 1910and a site inspection by Building and Safety identified the mobile home violation(CV10-0056). Private on-site septic systems will provide sewage disposal, andthe Fillmore lrrigation Company will provide domestic water service, fordevelopment on the lots. Proposed Parcels A and B are adjacent to GrandAvenue, a publicly maintained street, and access from these parcels is directlyonto Grand Avenue. Proposed Parcel D has a proposed access easementincluded on Exhibit B (sketch map) that will be recorded with the PMW-LIAdocuments that will provide a 20 foot wide access easement over proposedParcels A and B on to Grand Avenue. Proposed Parcel C will also be able toutilize this easement for access onto Grand Avenue.

B GALTFORNTA ENVTRONMENTAL QUALTTY ACT (CEQA) COMPLTANCE

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

The State Legislature through the Secretary for Resources has found that certainclasses of projects are exempt from CEQA environmental impact review because theydo not have a significant effect on the environment. These projects are declared to beCategorically Exempt from the requirement for the preparation of environmental impactdocuments. The proposed PMW-LLA qualifies for a Categorical Exemption pursuant toCEQA Guidelines Section 15305(a) ("Minor Alterations in Land Use Limitations"), sinceit involves a lot line adjustment in areas with an average slope of less than 20o/o and itwill not result in any changes in land use or density.

C. CONSISTENCY WITH THE GENERAL PLAN PMW.LLA

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

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

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= AII General Plan amendments, zone changes anddiscretionary development shall be evaluated for their individual and cumulativeimpacts on resources ,n compl¡ance with the California Environmental QualityAct.

As discussed in Section B (above), the project qualifies for a categoricalexemption from CEQA and will not result in a significant adverse project-specificimpact, or make a significant contribution to cumulative impacts on resources.

Based on the discussion above, the proposed project will be consistent with thispolicy.

2. Resources Policy 1.3.24: Discretionary development shall not significantlyimpact the quantity or quality of water resources within watersheds, groundwaterrecharge areas or groundwater basins.

The proposed project consists of a PMW-LLA to reconfigure four existing legallots. The proposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.Therefore, the proposed project does not have the potential to increase theconsumption of water resources, increase the amount of impervious surfaces,increase the discharge of pollutants, or alter the drainage patterns within awatershed, groundwater recharge area, or groundwater basins.


3. Resources Policy 1.6.2-6: Discretionary development adjacent to Agricultural-designated lands shall not conflict with agricultural use of those /ands

The proposed project consists of a PMW-LLA to remedy a setback violationpertaining to an existing structure. As stated above, portions of the project sitehave an "Agriculture" land use designation and AE-40 ac zoning designation. lnaddition, lots located to the east of, and across Grand Avenue from, the projectsite, have an Agriculture land use designation and AE-40 ac zoning designation.However, the proposed project does not include the introduction of a new usethat would be incompatible with surrounding agricultural uses. Furthermore, asstated above, the proposed project will not: (1) increase the number of lots ordensity of development that could occur within the project site; or, (2) create thepotential to allow new uses on the lots, which currently are not allowed on theexisting lots.


Planning Director Staff Report for PMW-LLA Case No, SD11-0002Planning Director Hearing on May 10,2012Page 5 of 16

4. Resources Policy 1.7.2-1: Notwithstanding Policy 1.7.2-2, discretionarydevelopment which would significantly degrade visual resources or significantlyalter or obscure public views of visual resources shall be prohibited unless nofeasible mitigation measures are avaílable and the decision-making bodydetermines there are overriding considerations

The proposed project consists of a PMW-LI-A to reconfigure four existing legallots. The proposed project does not involve the construction of any new buildingsor structures, and does not involve the introduction of a new use (e.9., theparking or storage of equipment and materials) that could adversely affect scenicresources or obstruct public views of scenic resources. Furthermore, as statedabove, the proposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.


5. Resources Policy 1.8.2-1: Discretionary developments shall be assessed forpotential paleontological and cultural resource impacts, except when exemptfrom such requirements by CfQe. Such assessrnents shall be incorporated intoa County wide paleontological and cultural resource data base.

As discussed above, the proposed project is exempt from CEQA environmentalimpact review per Section 15305.

However, there is information on the structures built in 1910. They were reviewedand the residence was noted in the Historic Resources lnventory prepared by theState Department of Parks and Recreation in 1987. The National Register statuscode is 6 meaning that the structures are not eligible for inclusion into the Stateor National historic register. Furthermore, the proposed project does not involveany ground disturbance activities and there are no known archaeological orpaleontological sites that exist within the project site.


6. Hazards Policy 2.13.2-1: All díscretíonary permits shall be required, as acondition of approval, to provide adequate water supply and access for fireprotection and evacu ation pu rposes.

The Ventura County Fire Protection District (VCFPD) has reviewed the subjectapplication and has determined that the application is complete and conditions ofapproval have been submitted, (seeExhibit 4).

Planning Director Staff Report for PMW-LLA Case No, SD11-0002Planning Director Hearing on May 10,2012Page 6 of 16

The Fillmore lrrigation Company provides domestic water serv¡ce to the four lots.Proposed Parcels A and B are adjacent to Grand Avenue, a publicly maintainedstreet, and access from these parcels is directly onto Grand Avenue. ProposedParcel D has a proposed access easement included on Exhibit B (sketch map)that will be recorded with the PMW-LLA documents that will provide a 20 footwide access easement over proposed Parcels A and B onto Grand Avenue.Proposed Parcel C will also be able to utilize this easement for access ontoGrand Avenue. Therefore access and water exist to the subject parcels.


7. Hazards Policy 2.13.2-3: New residential subdiyrsions shall provide nof /essthan two means of access for emergency vehicles and resident evacuation. Adeviation from this policy is only allowed when the proposed road conforms to theCounty Road Sfandards and when the County Fire Chief approves the proposedroad.

The Ventura County Fire Protection District (VCFPD) reviewed the proposedproject and determined that secondary access is not required at this time,pursuant to the requirements of this policy.


8. Hazards Policy 2.16.2-1= All discretionary development shall be reviewed fornoise compatibility with surrounding uses. Noise compatibility shall bedetermined from a consrsfent set of criteria based on the standards listed below.An acoustícal analysis by a qualified acoustical engineer shall be required ofdiscretionary developments involving norse exposure or noise generation inexcess of the established standards. The analysis shall provide documentation ofexisting and projected noise levels at on-site and off-site receptors, and shallrecommend noise control measures for mitigating adverse impacts.

(1) Noise sensrfive uses proposed to be located near highways, truck routes,heavy industrial activities and other relatively continuous noise sources sha//incorporate noise controlrneasures so that:

a. lndoor noise levels in habitable rooms do not exceed CNEL 45.b. Outdoor noise levels do not exceed CNEL 60 or Leql H of 65 dB(A) during

any hour.

(2) Norse sensitive uses proposed to be located near railroads shall incorporatenoise control measures so that:

a. Guidelines (1)a. and (1)b. above are adhered to.


b. Outdoor noise levels do not exceed L10 of 60 dB(A)

(3) Norse sensitive uses proposed to be located near airports:

a. Shall be prohibited if they are in a CNEL 65 or greater, noise contour.b. Shall be permitted in the CNEL 60 to CNEL 65 noise contour area only if

means will be taken to ensure interior noise levels of CNEL 45 or less.

(4) Nolse generators, proposed to be located near any noise sensitive use, shallincorporate noise control measures so that ongoing outdoor noise levelsreceived by the noise sens¡fiye receptor, measured at the exterior wall of thebuilding, does not exceed any of the following standards:

a. LeqlH of 55dB(A) or ambienf norse leVel plus 3dB(A), whichever isgreater, during any hour from 6:00 a.m. to 7:00 p.m.

b. LeqlH of 50dB(A) or ambienf norse level plus sdB(A), whichever isgreater, during any hourfrom 7:00 p.m. to 10:00 p.m.

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

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

(5) Construction norse shall be evaluated and, if necessary, mitigated inaccordance with the County Construction Noise Threshold Criteria andControl Plan.

The proposed project consists of a PMW-LI-A to reconfigure four existing legallots, and does not include the introduction of a noise-generating use (be it from aconstruction activity or a long-term use of any of the reconfigured lots).Furthermore, according the Resource Management Agency GIS database, theproposed project site is not located within any of the noise contours around aroadway, airport, or railroad, which exceed the standards for noise-sensitiveUSES.


9. Land Use Policy 3.1 .2-6l. Minimum Parcel Size: Except as provided below,subdivisions of land shall meet the most restrictive minimum parcel sizerequiremenfs esfab/ished by Figures 3.1 and 3.2a & b, by the applicable ZoningCompatibility Matrix established by the respective Area Plans or by the


applicable Existing Community Map contained in this Chapter commencing withFigure 3.7 ...

10. Land Use Policy 3.1 .2-7: Nonconform¡ng ParcelSize; The use or developmentof a parcel which is a legal lot for the purposes of the County SubdivisionOrdinance, but which fails to meet the minimum parcel size requirements of theapplicable land use category, shall not be prohibited solely by reason of suchfailure. However, this policy shall not be construed to permít the subdivision ofany parcel into two or more lots if any of the new lots fails to meet the minimumparcel size requirements.

The proposed project consists of a PMW-LI-A to reconfigure four existing legallots. All four existing parcels are legal nonconforming and all of the proposedparcels will be legal nonconforming, as they do not meet the minimum parcel sizerequirement per their respective zoning designations. However, the proposedproject does not involve the subdivision of any parcel into two or more lots.

Based on the discussion above, the proposed project will be consistent withthese policies.

11. Land Use Policy 3.2.24= Agricultural:

(1) The Agricultural land use designation shall primarily include lands which aredesignated as Prime Farmlands, Farmlands of Statewide lmportance or UniqueFarmlands in the Sfafe's lmportant Farmland Inventory (FI), although land maynot be designated Agricultural if small areas of agricultural land are isolated fromlarger blocks of farming land (in such cases, fhe agricultural land rs assigned fothe Open Space or Rural designation of the surrounding propefties).

(2) The smallest minimum parcel size consistent with the Agricultural land usedesignation is 40 acres. Subzones may require larger minimum parcelsLes.

(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 consistent with agricultural orag ric u ltu ra I ly re I ated uses.

The proposed project consists of a PMW-LI-A to reconfigure four existing legallots. No new parcels are being created and no new physical development or usesare being proposed with this project. Proposed parcels A and B will not meet the4O-acre minimum lot size requirement of the AE-40 ac zone; however, both of theexisting lots are nonconforming and the proposed project will not cause aconforming lot to become nonconforming with regards to parcel size.


Planning Director Staff Repoft for PMW-LLA Case No, SD11-0002Planning Director Hearing on May 10,2012Page 9 of 16

12.Land Use Policy 3.2.2-5= Open Space;

(1) Open Space should ínclude areas of land or water which are set asrde for thepreseruation of natural resources, including, but not limited to, areas required forthe preseruatíon of plant and anlmal life, including habitat for fish and wildlifespecies; areas required for ecologic and other scientific study purposes; rivers,sfreams, bays, and estuaries; and coastal beaches, lakeshores, banks of riversand streams, and impoñant watershed lands.

(2) Open Space should also include areas sef asrde for managed production ofresources, including, but not limited to, forest lands, rangeland, agricultural landsnot otherwise designated Agricultural; areas required for the recharge ofgroundwater bastns; bays, estuaries, marshes, rivers, and streams which areimportant for the management of commercial fisheries; and areas containingmajor mineraldeposifs, including fhose in short supply.

(3) Open Space should also include areas within which recreational activities canbe pursued, including, but not limited to, areas of outstanding scenic, historic,and cultural value; areas particularly suited for park and recreation purposes,including access to lakeshores, beaches, and rivers and streams; and areaswhich serue as links between major recreation and open space reseruations,including utility easemenfs, banks of rivers and streams, trails, and scenichighway corridors.

@ Open Space should also include areas of land or water which are sef asrdefor public health and safety, thereby safeguarding humans and property fromcertain natural hazards, including, but not limited to, areas which require speciatmanagement or regulation because of hazardous or special conditions such asearthquake fault zones, unstable soil areas, flood plains, watersheds, areaspresenting high fire rsks, areas required for the protection of water quatity andwater reseruoirs, and areas required for the protection and enhancement of airquality.

(5) Open Space should also include undeveloped natural areas surroundingurban-designated areas which have been sef asrde to define the boundaries ofthe urban-designated areas, to prevent urban sprawl, and to promote efficientmunicipalseryices and facilities by confining the areas of urban development.

(6) The smallest minimum parcel size consistent with the Open Space land usecategory is 10 acres. Subzones may require larger minimum parcels2es.

(7) The minimum parcel size for Open Space properties contiguous with theAgricultural land use designation shall be 20 acres.

The proposed project consists of a PMW-LLA to reconfigure four existing legallots. No new parcels are being created and no new physical development or usesare being proposed with this project. Proposed parcels C and D will not meet the160 acre minimum lot size requirement of the OS-160 ac zone; however, both


of the existing lots are nonconforming and the proposed project will not cause aconforming lot to become nonconforming with regards to parcel size.

Based on the discussion above, the proposed project will be cons¡stent with thispolicy.

13.Public Facilities and Seruices Policy 4.1.2-1: Discretionary development shallbe conditioned to contribute land, improvements or funds toward the cost ofneeded public improvements and seryices related to the proposed development.

As stated above, the proposed project will not: (1) increase the number of lots ordensity of development that could occur within the project site; or, (2) create thepotential to allow new uses on the lots, which currently are not allowed on theexisting lots. Therefore, the proposed project will not result in an increase indemand for public facilities or services, and no new services or publicimprovements will be required to facilitate the development of the proposed lots.


14.Public Facilities and Services Policy 4.1.2-2: Development shall only bepermitted in fhose locations where adequate public seryices are available(functional), under physical construction or will be available in the near future.

As stated above, the proposed project will not: (1) increase the number of lots ordensity of development that could occur within the project site; or, (2) create thepotential to allow new uses on the lots, which currently are not allowed on theexisting lots. Therefore, the proposed project will not result in an increase indemand for public facilities or services, and no new services or publicimprovements will be required to facilitate the development of the proposed lots.


l5.Public Facilities and Services Policy 4.2.2-8: Discretionary development shallbe conditioned, where feasible, to minimize traffic impacts by incorporatingpedestrian and bicycle pathways, bicycle racks and lockers, ridesharingprograms, transit improvemenfs (öus turnouts, shelters, benches), and/or transitsubsrdies for employees or residents of the proposed development.

The proposed project consists of a PMW-LI-A to reconfigure four existing legallots. Proposed Parcels A and B are adjacent to Grand Avenue, a publiclymaintained street, and access from these parcels is directly onto Grand Avenue.Proposed Parcel D has a proposed access easement included on Exhibit B(sketch map) that will be recorded with the PMW-LLA documents that will providea 20 foot wide access easement over proposed Parcels A and B onto Grand

Planning Director Staff Report for PMW-LLA Case No. SD11-0002Planning Director Hearing on May 10,2012Page11of16

Avenue. Proposed Parcel C will also be able to utilize this easement for accessonto Grand Avenue. As stated above, the proposed project will not: (1) increasethe number of lots or density of development that could occur within the projectsite; or, (2) create the potential to allow new uses on the lots, which currently arenot allowed on the existing lots. Therefore, the proposed project does not havethe potential to generate new traffic and traffic impacts, which would warrant theprovision of facilities or programs to reduce traffic impacts.


16.Public Facilities and Seruices Policy 4.3.2-1: Development that requirespotable water shall be provided a permanent potable water supply of adequatequantity and quality that complies with applicable County and State waterregulations. Water sysfems operated by or receiving water from CasifasMunicipal Water District, the Calleguas Municipal Water Distríct or the lJnitedWater Conseruation District will be considered permanent supplies unless anUrban Water Management Plan (prepared pursuant to Pa¡t 2.6 of Dívision 6 ofthe Water Code) or a water supply and demand assessment (prepared pursuantto Part 2.10 of Division 6 of the Water Code) demonstrates that there isinsufficient water supply to serue cumulative development within the district'sseruice area. When the proposed water supply is fo be drawn exclusively fromwells in areas where groundwater supplies have been determined by theEnvironmental Health Division or the Public Works Agency to be questionable orinadequate, the developer shall be required to demonstrate the availability of apermanent potable water supply for the life of the project.

The proposed project consists of a PMW-LI-A to reconfígure four existing legallots. The Fillmore lrrigation Company provides domestic water service to the fourlots, and will continue to provide water service for the existing and possible futureuses of the four lots. As stated above, the proposed project will not: (1) increasethe number of lots or density of development that could occur within the projectsite; or, (2) create the potential to allow new uses on the lots, which currently arenot allowed on the existing lots. Therefore, the proposed project will not result ina net increase in demand water service.


17.Public Facilities and Services Policy 4.4.2-2: Any subdivision, or discretionarychange in'tand use having a direct eifect upon the volume of sewage, shall berequired to connect to a public sewer sysfem. Exceptions fo fhrs policy to allowthe use of septic sysfems may be granted in accordance with County SewerPolicy. lnstallation and maintenance of septic sysfems shall be regulated by theCounty Environmental Health Division in accordance with the County's SewerPolicy, County Building Code, and County Seruice Area 32.


The proposed project consists of a PMW-LLA to reconfigure four existing legallots. The existing private septic systems will continue to provide on-site wastetreatment for the exísting and possible future uses of the four lots. As statedabove, the proposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.Therefore, the proposed project will not result in a net increase in demand forsewage disposal services.


18.Public Facilities and Services Policy 4.5.2-3: Discretionary development s.hallbe conditioned to place utility seruice lines underground wherever feasible.

The proposed project will be subject to a condition of approval to require theplacement of utility service lines underground wherever feasible. (See Exhibit 4,Condition No. INSERT NUMBER]).


19.Public Facilities and Services Policy 4.8.2-1: Discretionary development shallbe permitted only if adequate water supply, access and response time for fireprotection can be made available.

As stated above, the proposed project: does not involve the creation of any newlots; will not increase in density of development; or, will not allow new uses onthe reconfigured lots that are not currently allowed on the existing lots.Therefore, the proposed project will not create an increase in demand for fireprotection services. Furthermore, the VCFPD reviewed this proposed PMW-LIAand determined the site has adequate water supply, access, and response timefor fire protection.


20. Public Facilities and Seruices Policy 4.10.2-1: The County shall maintain andenforce the local parkland dedícation requirements (Quimby Ordinance), toacquíre and develop neíghborhood and community recreatíon facilities. Parklanddedication shall be based on a standard of five acres of local parkland perthousand population, including neighborhood and community parks.

The proposed project consists of a PMW-LIá to reconfigure three existing legallots. The proposed project will not: (1) increase the number of lots or density of


development that could occur within the project site; ot, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.Parkland dedication requirements only apply to newly created parcels, thereforethis project is not subject to Quimby fees.


21. Public Facilities and Services Policy 4.10.24: The County shall requirereseruation of land for public purchase, pursuant to the County SubdivisionOrdinance, where requested by a recreation agency.

Pursuant to Subdivision Map Act (Government Code, 566477) and the VCSO(58209-6.1), the reservation of land for public purchase for recreation, or theprovision of in-lieu fees for such lands, is only required for subdivisions that willresult in a net increase in lots. The proposed project consists of a PMW-LLA toreconfigure four existing legal lots, and will not create additional lots. Therefore,the reservation of land or the payment of in-lieu fees for recreational purposes isnot required for the proposed project.


D. VCSO COMPLIANCE PMW.LLA

The proposed project is subject to the requirements of VCSO 58202-3. Therequirements of VCSO $8202-3 are listed below, along with a discussion of theproposed project's consistency the requirement immediately following the respectiverequirement.

1. The proposed PMW-LLA involves only legal lots [98202-3(a)].

Each of the existing four lots is a legal lot, as stated in Section A.10 of this staffreport, above. Thus, this finding can be made.

2. No conforming lot will be made nonconforming with applicable zoningrequirements and the adjustment will not reduce the aggregate area of allaffected lots which do not meet the minimum area requirements of theirzoning designations [$8202-3(a) (f ]1.

The proposed project consists of a PMW-LI-A to reconfigure four existing legalnonconforming lots. The proposed project will not: (1) create nonconforming lots;or, (2) reduce the aggregate area of all affected lots which do not meet theminimum area requirements of their zoning designations. Thus, this finding canbe made.


3. Pursuant to the Ventura County Subdivision Ordinance [S8202-3(a)], theproposed Lot Line Adjustment is allowed with the granting of a Parcel MapWaiver provided that the Advisory Agency has issued written findings thatthe adjustment is consistent with the applicable building ordinances.

There is an exístíng mobile home on proposed Parcel C that is in violation of the:setback requirements of the Ventura County Non Coastal Zoning Ordinance(NCZO); and, Ventura County Building Code, since the property owner has notobtained a building permit for this residence. Upon the recordation of the PMW-LLA, the mobile home will comply with the setback regulations of the NCZO, andwill enable the propefty owner to obtain a zoning clearance and building permitfor the mobile home. Once the building permit is issued, Parcel C will comply withthe applicable building ordinances. The existing structures on Parcel A are legalnonconforming, since they were constructed in 1910 (i.e., prior to therequirement for building permits) and are exempt from the requirements of thecurrent building ordinance.

Furthermore, the proposed project is subject to the development standards of theNCZO (S8106-1.1). The table bqlow lists the development standards and adescription of whether the proposed project complies with the developmentstandards.

Table 1 - Parcel Gonsisten Ana

Maximum Building Height

Rear SetbackSide SetbackFront Setback

Maximum Percentage of BuildingCoverage Allowed

Minimum Lot Area (Gross)

Type of Requirement

25', or 35' with a 1S-foot sideyard setback

15'520'

Parcel A- 5.07%Parcel B- 4.99%ParcelC- 5.95%Parcel D- 4.53o/o

40 acres and 160 acres (due toAE-40 ac and OS-160 aczoning designations)

Zoning OrdinanceRequirement

YesYesYesYes

Yes

No. However, see thediscussion in SectionsC.9 through C.1 1 of thisstaff report (above). Allof the existing legal lotsare nonconforming and,therefore, the proposedproject will not cause aconforming lot tobecome nonconformingdue to lot size.

Complies?

Therefore, the proposed project will be consistent with applicable buildingordinances.


E. PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJURISDICTIONAL COMMENTS

The Planning Division provided public notice regarding the Planning Director hearing inaccordance with the Government Code (565091), VCSO (58205-5.1), and NCZO(S8111-3.1). The Planning Division mailed a notice to owners of property within 300 feetof the subject project site and placed a legal ad in the Ventura County Star. As of thedate of this document, no comments have been received.

F. RECOMMENDED ACTIONS

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

1. CERTIFY that the Director has reviewed and considered this staff report and allexhibits thereto, and has considered all comments received during the publiccomment process;

2. FIND that this project is Categorically Exempt pursuant to Section 15305 of theCEQA Guidelines and, in light of the whole record, none of the exceptions as setforth in Section 15300.2 of the CEQA Guidelines apply;

3. FIND that the PMW-LLA meets the approval standards of the VCSO, based on thesubstantial evidence presented in Section D of this staff report and the entirerecord;

4. APPROVE PMW-LLA Case No. SD11-0002 subject to the attached conditions ofapproval (Exhibit 4); and,

5. SPECIFY that the Planning Director is the custodian, and 800 S. Victoria Avenue,Ventura, CA 93009 is the location, of the documents and materials that constitutethe record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the PMW-LLA has been tentatively approved,conditionally approved or denied (or on the following workday if the 1Oth day falls on aweekend or holiday). Any aggrieved person may file an appeal of the decision with thePlanning Division. The Planning Division shall then set a hearing date before thePlanning Commission to review the matter at the earliest convenient date.

lf you have any questions concerning the information presented above, please contactDebbie Morrisset at (805) 654-3635 or via e-mail at [email protected].


Prepared by: Reviewed by:

Debbie Morrisset, Case PlannerResidential Permits SectionCounty of Ventura, Planning Division

n, Manageride lPermits Section

County of Ventura, Planning Division

DanRes

EXHIBITSExhibit 2 - Aerial Location, General Plan and Zoning Designations,

' Exhibit 3 - Proposed Sketch Map and Legal DescriptionsExhibit 4 - Draft Conditions of ApprovalExhibitS-APNMap

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County of VenturaPlanning Director Hearing

sD11-0002Aerial Map

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County of VenturaPlanning Director Hearing

sD11-0002Land Use Map

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Ð'R,4 r ïE)C{IBIT *A''

(P.M.W.LLA No. )PARCEL "A"

Being a portion of Lots 138 and 139 of the Fillmore Subdivision of Rancho Sespe, as permap recorded in Book 3, Page 5 of Miscellaneous Records(Maps) and delineated in BookI l, Page 58 of Record of Survey, in the Office of the County Recorder, County ofVentur4 State of California. and described as follows;

Commencing at the corner common to said Lots 138 and 139 per said Record of Surveymap South 79"47'00"East 10.00 feet to a point in the east line of Parcel B of that certaindeed recorded March 30, 1983 in docnment number 830031224 to the True Point ofBeginning; thence,ls Nortlr 79"47'00-West 30.00 feet; thence,

2nd North 79"05'43*West 203.78 feet; thence,

3'd Nortlr 80o03'I5"West275.00 feet; thence,

4ù North 80"04'24-West 236.98 feet to the beginning of a non-tangent cwve concavedNortheasterþ having a radius of 2000.00 feet a radial line at said point bears SouthI 0o3 6' 5 8"West; thence,

5û Northwesterþ along said curve through a central angle of 01"33'43" an arc distance of54.52 feet to the beginning of a non-tangent cwve concaved northeasterþ having aradius of 500.00 fee! a radial line at said point bears South 35"34'09"West; thence,

6û Norttrwesterly along said ctrrve through a cental angle ,of 04"39'20" an arc distance of40.63 feet to a point on a non-tangent line; thence,

7h Along said line North 57"57'23uWest 44.24 feet; thence,

8û North 43"57'57-West76.59 feet to the beginning of a non-tangent curve concaved tothe northeasterþ having a radius of 1000.00 feet, a radial line at said point bearsSouth 41" 46' l"West; thence,

9ü Northwesterly along said curve through a central angle of 01"59'16" an arc distance of34.69 feet to a point on a non-tangent line; thence,

l0t Along said line South 12"32'47'West 500.44 feet to a point in the line common toLo-ts 137 and 138 per said Record of Survey map; thence,

Page I of2


PD Staff ReportExhibit 3 sketch & leoals

1lft Along said common line South 7947'00-East 989.00 feet to a point in the east lineof Said Parcel B; thence,

12ü Along the east line of said Parcel B North 10o13'00"East 400.15 to the True Point ofBeginning

Page2 of 2

No. 13705

#? 3-3t-

E)GIIBIT *4"(P.M.w. LLA No. )

PARCEL "B"

Being a portion of Lots 139 of the Fillmore Subdivision of Rancho Sespe, as per maprecorded in Book 3, Page 5 of Miscellaneous Records(Maps) and delineated in Book 11,

Page 58 of Record of Survey, in the Office of the County Recorder, County of Ventur4State of California. and described as follows;

Commencing at the comer common to said lots 138 and 139 per said Record of Surveymap South 79"47'00'East 10.00 feet to a point in the east line of Pa¡cel B of that certaindeed recorded March 30, 1983 in Document Number 830031224 to the True Point ofBeginning; thence,l't Norttr 79"47'00"West 30.00 feet; thence,

2nd Nortlr 79"05'43-West213.78 feet; thence,

3'd North 80o03'15"West275.00 feet; thence,

4ü North 80"04'24-West236.98 feet to the beginning of a non-tangent curve concavedto the Northeasterþ having a radius of 2000.00 feet, a radial line at said point bearsSouth I 0"3 6' 58"West; thence,

5ù Northwesterþ along said curve through a central angle of 01"33'43" ana¡c distance of54.52 feet to the beginning of a non-tangent curve concaved northeasterþ having aradius of 500.00 feet, a radial line at said point bea¡s South 35o34'09"West; thence,

6tr Nortlrwesterly along said curve through a central angle of 04"39'20" an arc distance of40.63 feet to a point on a non-tangent line; thence,

7û Along said line North 57"57'23-West 44.24 feet; thence,

8ú North 43"57'57'West76.59 feet to the beginning of a non-tangent curve concaved tothe northeasterþ having a radius of 1000.00 feet, a radial line at said point bearsSouth 41" 46' 4lWest; thence,

9ú Northwesterþ along said curve through a central angle of 02"52'10" an arc distance of50.08 feet to the beginning of a non-tangent curve concaved to the northeast having aradius of 107.00 feet a radial at said point bears South 37"25'01*West; thence,

10ü Norttrwest€rly along said cr¡rve through a central angle of 28"40'28" an arc distanceof 53.55 feet to a point in a non-tangent line; thence,

Page I of2

l1ù Along said line North 27"57'15- West 73.25 feet; thence,

12û North I lo23'00'West 39.50 feet; thence,

l3úNorthl5o46'l0"Westll5.lgfeettoapointinthewestlineof saidLotl3gpersaidRecord of Survey map, said point bears South 06"56'00*West 199.00 feet from thecorner commonto Lots 139 and 140 per said map; thence,

14ü Along said west line North 06"56'00'East 119.00 feet to the comer cornmon to Lots139 and 140 per said Record of Survey map; thence,

15û Along said common lines to Lots of 139 and 140 South 79"47'00'.Errst 890.00 feet;thence,

16tr South 10"13'00-West 148.00 feet; thence

17ù Soutlr 79"47'00'East 248.00 feet to a point in the east line of said Patcel B; thence,

18û Along the east line of said Parcel B South l0ol3'00'West3l2.2l feet to the TruePoint of Beginning

Page2of 2

E)GIIBIT "A"(P.M.'W. LLA No. )

PARCEL'C"

Being aportion of Lots 138 andl39 of the Fillmore SuMivision of Rancho Ses¡re, as permap recorded in Book 3, Page 5 of Miscellaneous Records(Maps) and delineated in Book11, Page 58 of Record of surve¡ in the office of the County Recorder, county ofVentur4 State of California and aportion of Lot one(l) of Section 13, Township 4 NorthRange 20 West San Bernardino Meridian in said County and State: described as follows;

Commencing at the corner coîìmon to said Lots 138 and 139 per said Record of Surveymap South 79"47'00',E;ast 10.00 feet to a point in the east line of Parcel B of that certaindeed recorded March 30, 1983 in DocumentNumber 830031224; thence,

ls Nortlr 79"47'00-Wert SO.OO feet; thence,

2nd North 7 9"05' 43-W est 203.78 feet; thence,

3'd North 80"03'I5"'West275.00 feet; thence,

4tr Norttr 80"04'24'West236.98 feet to the beginning of a non-tangent curve concavedNortheasterþ having a radius of 2000.00 feet" aradial line at said point bea¡s SouthI 0"3 6' 5 S"rWest; tlrence,

5ft Northwesterþ along said curve through a central angle of 01"33'43" anarc distance of54.52 feet to'the beginnin g of a non-tangent curve concavçd northeasterþ having aradius of 500.00 feet a radial line at said point bears South 35"34'09'V/est; thence,

6û Northwesterþ along said curve through a central angle of 04"39'20" an arc distance of40.63 feet to a point on a non-tangent line; thence,

7ü Along said line North 57"57'23-West M.24feet; thence,

8ü North 43"57'57'West76.59 feet to the beginning of a non-tangent curve concaved tothe northeasterly having a radius of 1000.00 fee! a radial line to said curve bearsSouth 41" 46' 4l"W est; thence,

9ft Northwesterþ along said curve through a central angle of 01"59'16" an arc distance of34.69 feet to the True Point of Beginning; thence,

10ú Continuing along said non-tangent curve concaved to the northeast haring a radius of1000.00 feet a radial line at said point bears South 43"45'57*west; thence,

Page I of2

I lü Northwesterþ along said curve through a central angle of 00"52'54"an arc distanceof 15.39 feet to the beginning gf a non-tangent com¡round curve concaved to thenortheasterþ having a radius of 107.00 feet, a radial line at said point bearsSouth 37 "25' Ol*W est; thence

12ú Northwesterþ along said curve through a central angle of 28"40'28"an arc distanceof 53.55 feet to a point on a non-tangent line; thence,

13û Along said line North 27o51' 15" West 73.25 feet; thence,

14ü North 11"23'00"West 39.50 feet; thence,

15ft North 15o46'l0'rWest 115.19 feet to a point in the west line of Lot 139 per saidRecord of Survey map, said point bear South 06"56'00*West t 19.00 feet from thecorner common to Lots 139 and 140 per said map; thence,

16ú Along said West line South 06o56'00''West 196.55 feet; thence,

17û South 40"51'26'West 168.96 feet to a point in the easterly line of the Sespe Landand'Water Companyper deed recorded in April l4,l9l0 in Book l23,Page27l(aslocated from a field survey of an existing 30 inch pipe line); thence along saideasterþ line by the following 6 courses,

18ft South 43"46'00-West26.89 feet; thence,

19tr South 42"07'00-West35.29 feet; thence,

20ü South 45o05'00-West35.77 feet; thence,

21s South 38"33'00-West 104.27 feet; thence,

22"d South 12"54'30-West132.49 feet; thence,

23d South 0lol5'37-'We st95.62feet to a point in the line common to Lots 137 and 138per said Record of Survey map ; thence leaving said easterly line,

24ú ATongsaid common line South 79"47'00'TÂst311.95 feet; thence

25ú North 12"32'47-East 500.44 feet to the True Point of Beginning.

PAGE 2 OF 2

PARCEL "D"

ÐGIIBIT( P.M.W.LLA No. )

Lots 1,2,3, and 4, section 13, Township 4 North, Range 20 wes! san Berna¡dinoMeridian, according to the Official Plat thereot in the County of Venh¡4 State ofCalifornia-Except those portions of Lot I and,2lying easterþ of the ditch right of way,l5 feet wide,as conveyed to Sespe Land and Water Company by deed recordeã april f á, l910 in Book123 1 of Deeds, and between the westerþ prolongation of the north line Lot l3gand the south line of Lot 136, of the Fillmore Subdivision of the Rancho Sespe per maprecorded in Book 3 Page 5 of Maps, in the Office ofthe County Recorder of saiã County.

Also except those portions Lots2 and 3 lying easterþ of said Sespe Land and WaterCompany's 15 foot right of way per said decd, and between the westerly prolongation ofthe north line of Lot 134 andthe south line of Lot 133, per said Fillmore bubdivision ofthe Rancho Sespe.

Also except that portion of said Section 13 conveyed to John J. Hughes, by deed recordedin Book 353 Page 382 of ofücial Records, and insaid described * follo*r,Situated in the West fraction of said Section 13, and lyrng to the west ofthe said FillmoreSubdivision and to the south of Joy Canon Creek or ¿itctr t¡at runs in a westerþ ornorthwesterly direction from the Southeast Corner of Lot 129 of said FillmoreSubdivision.

Also except from Lots 3 and 4 of said Section 13, those portion thereof conveyed toRussel C. Hanscom and Virginia M. Hanscom, his wife, Uy deed recorded J¡1; l l,l94l inBook 639 Page 393 of Ofücial records.

Also excep that portion of Lot 2 of said Section 13, described in the deed to Walter W.P** and Dorothy Burson, his wife, recorded April 3,lg44,per instrument Nr¡mber3436 nBook 690 Page 173 of officiar Records, described as follows:B..lg A"t parcel lying 135 of thesaid Fillmore Subdivisi d Lot 135And lying easterly of the ditch right of way l5 foot wide as conveyed to the Sespe LandAnd Water Compan¡ by deed recorded April l4,lgl},Book 123 page2Tl of Deeds inthe Ofüce of said County Recorder.

Page I of2

Also except that portion of Lot I of said Section 13, Township 4 NortlU Range 20 Wes!San Bemardino Meridian described as follows:Beginning at the comer common to Lots 138 and 139 of the Fillmore Subdivision ofRancho Sespe per map recorded in Book 3, Page 5 of Miscellaneous Records (Maps) anddelineated in Book I 1 , Page 58 of Record of Survey, in the Office of the CountyRecorder, County of Ventur4 State of Califomia; thence,ls Westerþ on the prolongation of said Lots 138 and 139 North 78"47'}}-West 94.63

feet to a point in the easterþ line of a 15 foot wide right of way, conveyed to theSespe Land and Water Company, by deed recorded April14,1910 in Book l23,Page271 of deeds: thence,

2nd North 4055'14'East169.07 feettoapointinthewestlineoflot l3gpersaidRecordof Survey map; thence,

3d Along the west line of said Lot 139, South 06"56'00" West 145.61 feet to the Point ofBeginning.

Page2 of2

uo*'

?

Exhibit A

Aportion of lot one (1) of Section 13, Township 4 North, Range 20'west,San Bernardino, in the county of ventura, State of california, moreparticularly described as follows :

Beginning at the corner common to lots 138 and 139 of the Fillmoresubdivision of Rancho Sespe, in the County of Ventura, State of California,per map recorded in Book 3 of Miscellaneous Records (Maps) at Page 5 andas delineated in Book 11, Page 58 of Record of Survey, both in the ofüce ofthe County Recorder of said County; thence,

1s North 06"56'00" East along the west line of said lot l3g,l4s.6lfeet; thence,

2nd South 40"51'26"West 168.96to a point in the easterly line of the SespeLand and water company per deed recorded in April 14, lgro Book

. r23 Page 271 inthe Recorders office of said county; thence,3'd South 79"47'00"East 94.63 feet to the I oint of Beg-inning.

Page I ofl

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Gonditions for: PMW-LLA Case No. SD11-0002Owner/Applicant: Lanie DollLocation: 2377 Grand Avenue, Fillmore

Hearing Date: May 10,2012Approval Date:Page: 1 of4

1

EXHIBIT 4- DRAFT CONDITIONS OF APPROVAL FOR PARCEL MAP WAIVER.LOTL|NE ADJUSTMENT (PMW-LLA) CASE NO. SDlr-0002

Proiect Description:This PMW-LLA is based on and limited to compliance with the project descriptionfound in this condition below, all County land use hearing exhibits in support ofthe project marked [fill in exhibit reference], dated [fill in date], and conditions ofapproval set forth below. Together, these documents describe the Project. Anydeviations from the Project must first be reviewed and approved by the County inorder to determine if the Project deviations conform to the original approval.Project deviations may require Planning Director approval for changes to thepermit or further California Environmental Quality Act (CEOA) environmentalreview, or both. Any Project deviation that is implemented without requisiteCounty review and approval(s) constitutes a violation of the conditions of thispermit.

The project description is as follows:

The project consists of a PMW-LLA to align parcel boundaries between fourexisting legal lots to meet the required building setback requirements. Onsitesewage disposal is provided by private onsite septic systems, domestic waterservice is provided by the Fillmore lrrigation company, and access is taken fromthe property onto Grand Avenue, which is a publicly maintained street.

The grading, development, use, and maintenance of the property, the size,shape, arrangement, and location of structures, parking areas and landscapeareas, and the protection and preservation of resources shall conform to theproject description above and all approved County land use hearing exhibits insupport of the project and conditions of approval below. (PL-1)

The PMW-LIA shall expire one year from the date of its approval. The applicantshall submit the applicable documents to the Planning Division for review andrecordation. Failure to record this PMW-LI-A and applicable deeds with the CountyRecorder shall terminate all proceedings, and any lot line adjustments shall requirethe filing and processing of a new PMW-LLA.

No Zoning Clearance shall be issued for the development or use of these parcelsuntil the PMW-LLA has been recorded, except as required or noted elsewhere inthese conditions.

As part of any new future development on the reconfigured lots that are thesubject of this PMW-LLA, the property owners shall place utility service linesunderground, wherever feasible.


PD Staff ReportExhibit 4 Conditions

2

3

4

7

8

Conditions for: PMW-LLA Case No. SD11-0002Owner/Applicant: Lanie DollLocation: 2377 Grand Avenue, Fillmore

Hearing Date: May 10,2012ApprovalDate:Page:2o14

5 Prior to recordation of the PMW-L|-A, the property owner(s) shall obtain clearancefor the payment of all property taxes due on all parcels involved in the PMW-LI-Afrom the Tax Collector's Office.

6. Acceptance of ConditionsRecordation of this PMW-LLA shall constitute acceptance by the Property Ownerand all successors in interest of all conditions of approval for this PMW-LLA. (PL-65)

Permit Processinq FeesPrior to recordation of the PMW-LLA, all County processing fees billed to datemust be paid. After recordation of the PMW-LLA, any final processing fees mustbe paid within 30 days of the billing date. (PL-67)

Requirements of Other AgenciesThe tentative approval of this PMW-LI-A shall not relieve the Subdivider of theresponsibility of securing and complying with any other permit that may berequired by other County ordinances, or state or federal laws. No conditions ofthis PMW-LLA shall be interpreted as permitting or requiring any violation of law,or any lavt¡ful rules, regulations, or orders of an authorized governmental agency.ln instances where more than one set of rules apply, the stricter ones shall takeprecedence. The design of the PMW-LI-A and future development of thereconfigured lots shall comply with all applicable requirements of federal, state,and local authorities and all such requirements shall, by reference, becomeconditions of this permit. (PL-68)

9. Defense Costs and lndemnificationExcept in the case of the County's sole negligence or intentional misconduct, theProperty Owner shall defend, indemnify and hold harmless the County and itscommissions, agents, officers and employees from any and all claims, demands,costs, expenses, including attorney's fees, action or proceeding, and judgmentsof liabilities pertaining to any action by the County regarding this PMW-LLA. TheCounty will promptly notify the property owners of any such claim, action orproceeding. The County may, at its unlimited discretion, participate in thedefense of the County's action on this PMW-LLA.

The property owners' obligations under this condition shall apply regardless ofwhether a PMW-LLA is ultimately recorded. (PL-69)

Ventura Gountv Fire Protection District UCFPD) Gonditions

Fire Department ClearancePurpose: To provide the Subdivider a list of all applicable fire departmentrequirements for his/her project.

10

Conditions for: PMW-LLA Case No. SD11-0002Owner/Applicant: Lanie DollLocation: 2377 Grand Avenue, Fillmore

Hearing Date: May 10,2012Approval Date:Page: 3 of4

Requirement: The Subdivider shall obtain VCFPD Form #126 "Requirementsfor Construction" for any new structures or additions to existing structures beforeissuance of building permits.

Documentation: A signed copy of the VCFPD's Form #126 "Requirements forConstruction."

Timing: Prior to any future construction or additions to existing structures theSubdivider shall submit VCFPD Form #126 Application to the Fire PreventionBureau for approval before issuance of building permits.

Monitoring and Reporting: A copy of the completed VCFPD Form #126 shallbe kept on file with the Fire Prevention Bureau. The Fire Prevention Bureau willconduct a final on-site inspection of the project to ensure compliance with allconditions and applicable codes/ordinances. (VCFPD-51 )

11. TurnaroundsPurpose: To ensure that adequate fire department access is provided inconformance with current California State Law and VCFPD Ordinance.

Requirement: The Subdivider shall provide an approved turnaround area for fireapparatus where dead-end VCFPD access roads/driveways exceed 150 feet.Required turnaround areas shall be designed and maintained such that they:

Do not exceed a 5% cross-slope in any direction;Are located within 150 feet of the end of the access road/driveway;Are posted as fire lanes in accordance with VCFPD Standards; and,Are kept free of obstructions at all times.

Documentation: A stamped copy of the approved access plan

Timing: The Subdivider shall submit access plans to the Fire Prevention Bureaufor approval before issuance of building permits. The plans shall indicate allaccess road/dríveway locations and proposed turnaround location and design.All required turnarounds shall be installed before the start of combustibleconstruction.

Monitoring and Reporting: A copy of the approved access plans shall be kepton file with the Fire Prevention Bureau. The Fire Prevention Bureau shallconduct a final inspection to ensure that turnaround areas are installed accordingto the approved plans. Unless a modification is approved by the Fire PreventionBureau, the Subdivider, and his/her successors in interest, shall maintain theturnaround areas for the life of the development. (VCFPD-14)

a.b.c.d.

Gonditions for: PMW-LLA Case No. SD11-0002Owner/Applicant: Lanie DollLocation: 2377 Grand Avenue, Fillmore

Hearing Date: May 10,2012ApprovalDate:Page= 4 of 4

13. Access Road Widths. Sinqle Familv DwellinqsPurpose: To ensure that adequate fire department access is provided inconformance with current California State Law and VCFPD Ordinance.

Requirement: The Subdivider shall provide a m¡n¡mum paved access road widthof 15 feet.

Documentation: A stamped copy of the approved access plan

Timing: The Subdivider shall submit an access plan to the Fire PreventionBureau for approval before the issuance of building permits. All required accessshall be installed before the start of combustible construction.

Monitoring and Reporting: A copy of the approved access plan shall be kept onfile with the Fire Prevention Bureau. The Fire Prevention Bureau shall conduct afinal inspection to ensure that the access is installed according to the approvedplans. Unless a modifícation is approved by the Fire Prevention Bureau, theSubdivider, and his/her successors in interest, shall maintain the access for thelife of the development. (VCFPD-3).

14 Fire SprinklersPurpose: To comply with current California Codes and VCFPD Ordinance.

Requirement: The Subdivider shall be responsible to have an automatic firesprinkler system installed in all structures. The fire sprinkler system shall bedesigned and installed by a properly licensed contractor under California StateLaw.

Documentation: A stamped copy of the approved fire sprinkler plans.

Timing: The Subdivider shall submit fire sprinkler plans to the Fire PreventionBureau for approval before the installation of the fire sprinkler system.

Monitoring and Reporting: A copy of the approved fire sprinkler plans shall bekept on file with the Fire Prevention Bureau. The Fire Prevention Bureau shallconduct on-site inspections to ensure that the fire sprinkler system is installedaccording to the approved plans. Unless a modification is approved by the FirePrevention Bureau, the Subdivider, and his/her successors in interest, shallmaintain the fire sprinkler system for the life of the development. (VCFPD-4O)

rÊrf/9I

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