public works agency staff report – hearing on november 12...

French Ranch Discretionary Grading Permit, GP14‐0014 A. PROJECT INFORMATION

1. Request: The applicant requests approval of a grading permit application (GP14‐0014) to construct an agricultural road that will allow access to an adjacent parcel.

2. Applicant/Property Owner: Joel Shukovsky, 1769 Hidden Valley Road, Thousand Oaks,

CA 91362 3. Applicant’s Representative: Anna Huber ‐ R.A Atmore & Sons, 2977 Sexton Canyon

Road, Ventura, CA 93004

4. Decision‐Making Authority: Pursuant to the 2013 Ventura County Building Code, Appendix J – Grading, section J103, the Public Works Agency Director is the decision‐maker for the requested Discretionary Grading Permit.

5. Project Site Size, Location, and Parcel Number: The 176.44 acre project site is

located at 1769 Hidden Valley Road, near the intersection of Hidden Valley Road and Potrero Road, in between the communities of Lake Sherwood and Thousand Oaks, in the unincorporated area of Ventura County. The Tax Assessor’s parcel numbers for the parcels that constitute the project site are 694‐0‐140‐120 and 694‐0‐150‐170 (Exhibit 1).

6. Project Site Land Use and Zoning Designations:

a. Countywide General Plan Land Use Map Designation: Agricultural and Open Space (Exhibit 2)

b. Zoning Designation: AE‐40 ac (Agricultural Exclusive, 40 acre minimum lot size)

(Exhibit 2)

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

Relation to the Project Site

Zoning Land Uses/Development

North

OS–20 ac / SRP (Open Space, 20 acre minimum lot, Scenic Resource Protection overlay) and OS‐40 ac (Open Space, 40 acre minimum lot)

Single Family Residences, Agricultural and Equestrian facilities

East AE‐40 ac (Agricultural Exclusive, 40 Single Family Residences, Agricultural and

Public Works Agency Staff Report – Hearing on November 12, 2015County of Ventura • Public Works Agency • Engineering Services Division800 S. Victoria Avenue, Ventura, CA 93009-1600

Public Works Director Staff Report for GP14-0014 Public Works Director Hearing on November 12, 2015

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Location in Relation to the Project Site

Zoning Land Uses/Development

acre minimum lot size) Equestrian facilities

South AE‐40 ac (Agricultural Exclusive, 40 acre minimum lot size) and OS–20 ac (Open Space, 20acre minimum lot)

Single Family Residences, Agricultural and Equestrian facilities

West OS–160 ac (Open Space, 160 acre minimum lot)

Undeveloped Open Space

8. History: Mr. Joel Shukovsky owns two adjacent parcels at the westerly terminus

of Hidden Valley. His residence is located on the larger of the parcels (APN 694‐0‐140‐120) on the gently sloping valley floor. The adjacent parcel (APN 694‐0‐150‐170) is located over the steep northern ridge of the valley and can only be accessed by the Danielson Fire Road that connects to Potrero Road approximately 1 mile west of Hidden Valley Road. In May of 2015, the Springs fire burned through the valley leaving a majority of the southern aspects barren and due to drought conditions, little re‐vegetation has occurred.

Mr. Shukovsky operates a small farm which includes grazing cattle. In order to

effectively utilize the northern parcel to support the existing agricultural operation, an access road has been proposed in the steep terrain to connect to the ridgeline.

9. Project Description: The project consists of the installation of an agricultural access

road to connect the two adjacent parcels to support existing agricultural operations. The road will be approximately 1300 feet long and 12 feet wide and traverse steep terrain beginning at existing water tanks and terminating at the Danielson Fire Road. A culvert will be installed at the midpoint of the road to allow drainage to occur during rain events. The road will be constructed with cut slopes up to 70 feet high and fill slopes up to 45 feet. There are no structures proposed at this time nor in the foreseeable future (Exhibit 3).

B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE Pursuant to CEQA (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, § 15000 et seq.), the subject application is a project that is subject to environmental review. County staff prepared an Initial Study in accordance with the County’s Initial Study Assessment Guidelines. Based on the information contained in the Initial Study, the County prepared a Mitigated Negative Declaration (MND) and made the MND available for public review and comment from July 8, 2015 to August 6, 2015. The “Notice of Availability and Intent to Adopt a Mitigate Negative Declaration” was mailed out to all landowners within 300 feet of the project site and, due to the rural nature of the area, additional landowners in the valley were sent the


of 10 notice. The notice was posted with the Ventura County Recorder’s office on July 8, 2015 and a legal ad was placed in the Ventura Recorder on July 9, 2015. A MND is a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report. The Initial Study identified three potentially significant effects on the environment, but proposals made by, or agreed to by, the applicant before the MND was released for public review would avoid the effects or mitigate the effects to a point where no significant effect on the environment would occur. More specifically, the MND identified concerns with biological resources, scenic resources and community character.

1. Findings for Adoption of an MND: The CEQA Guidelines [§ 15074(b)] state that a MND shall only be adopted by a decision‐making body if there is no substantial evidence, in light of the whole record, that the proposed project may have a significant adverse effect on the environment and that the MND reflects the Lead Agency’s independent judgment and analysis.

After receiving comments regarding impacts to the scenic resources, County Staff prepared an additional analysis of public viewing areas and a visual simulation of the grading plan superimposed over GoogleEarth (Exhibit 6). The mitigation measure was reviewed by both the Public Works Agency and the Planning Department and monitoring measures were clarified to ensure visual blending of the completed project. As the mitigation measure was clarified and not changed, recirculation was not necessary. Therefore, based on the information provided above and in light of the whole record, there is no substantial evidence that the proposed project may have a significant adverse effect on the environment and the Final MND (Exhibit 6) reflects the County’s independent judgment and analysis.

2. Mitigation Monitoring and Reporting Program: The CEQA Guidelines [§ 15074(d)] state that, when approving a project for which a MND has been prepared, the lead agency shall also adopt a program for reporting on, or monitoring, the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. The Public Works Agency has made such mitigation measures and changes to the project, along with provisions for monitoring and reporting, conditions of the permit, in addition to standard conditions presented in the 2013 Ventura County Building Code, Appendix J Grading and the Ventura County Municipal Separate Storm Sewer System (MS4) Permit, NPDES No. CAS004002. At the Applicant’s request, the revised Conditions of Approval also now include conditions elaborating on Air Pollution Control District and Watershed Protection District requirements which are standard conditions of grading permits and not changes or measures needed to mitigate or avoid a potentially significant effect.


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a. Biological Resource Condition: The project site contains suitable habitat for

nesting birds and construction activities can potentially impact protected nesting birds. Mitigation measures proposed in the Initial Study Biological Assessment, and listed below, will be implemented to reduce the impacts to less than significant including surveys by an approved biological monitor within a 300 foot buffer of suitable nesting habitat. Avoidance measures will be taken as appropriate depending upon the species and status.

a. Purpose: The project site contains suitable habitat for nesting birds and construction activities can potentially impact protected nesting birds. Mitigation, monitoring and avoidance measures are necessary to protect biological resources.

b. Requirement: Mitigation measures proposed in the Initial Study Biological Assessment, and listed below, will be implemented to reduce the impacts to less than significant including surveys by an approved biological monitor within a 300 foot buffer of suitable nesting habitat. Avoidance measures will be taken as appropriate depending upon the species and status and the Project design and activities will be the minimum size necessary to achieve the construction of the proposed project and if any special status species are present, appropriate regulatory agencies will be contacted immediately. The Permittee shall comply with the following avoidance and minimization measures to minimize any direct or indirect effects of project activities on biological resources to avoid impacts to nesting birds:

i. Construction activities will be conducted between September 16 and February 28, if feasible, to avoid the bird breeding season (March 1 to September 15);

ii. If work is conducted during the bird breeding season, a qualified biologist will conduct a preconstruction survey for nesting birds within the project site and suitable nesting habitat within 300 feet of the project site. If the biologist does not find any active nests within the survey area during the preconstruction survey, the construction work will be allowed to proceed. If the biologist finds an active nest within the project site and determines that the nest may be impacted, the biologist will delineate an appropriate buffer zone around the nest prior to the initiation of work. The size of the buffer zone will depend on the affected species and the type of construction activity;

iii. Any active nests observed during the survey will be mapped on an aerial photograph;


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iv. Only construction activities (if any) that have been approved by the biological monitor will take place within the buffer zone until the nest is vacated; and,

v. The biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure there are no inadvertent impacts on the nests.

c. Documentation: The Permittee shall submit the pre‐construction nesting birds survey report to the Lead Agency prior to work beginning if Permittee plans to conduct construction activities during the nesting season.

d. Timing: Throughout the project

e. Monitoring and Reporting: If construction activities occur during the nesting season and nesting birds are found on site, the applicant shall submit a report showing the delineated buffer zone. The delineated area will be verified at the Pre‐Construction meeting by the Lead Agency and monitored during regular site inspections. If the delineated area is encroached, a Stop Work Order will be issued and appropriate agencies notified.

b. Scenic Resources and Community Character Conditions: As stated in the Ventura County Initial Study Assessment Guidelines (53), mountains, ridgelines, hillsides, and native habitat qualify as scenic resources. The proposed project site is located on a southeast‐facing slope of a mountain at the western end of Hidden Valley that is covered by native chaparral habitat undergoing a process of ecological succession following the Spring Fire of May 2013. Therefore, the proposed project site is located within an area that has scenic resources. The proposed project does not include the construction of any buildings, and does not include grading activities that could alter the existing topography such that it would obstruct or obscure the scenic vista. However, the proposed project has the potential to degrade the views of the southeast‐facing slope of a mountain at the western end of Hidden Valley that due to the creation of exposed slopes from the grading activities, and installation of an energy dissipater and headwall may be visually incompatible with the surrounding habitat.

a. Purpose: The purpose of this mitigation measure is avoid potentially significant impacts to scenic resources by ensuring that exposed slopes created by the grading activities are revegetated to the maximum extent feasible, and the energy dissipator and headwall are designed, such that the development will visually blend in with the terrain and habitat surrounding the project site.


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b. Requirement: The Permittee shall revegetate all cut and fill slopes using only native plants that are indigenous to the Santa Monica Mountains. Also, the grouted riprap energy dissipator and concrete headwall shall either be constructed of local rock or colored to match the surrounding landscape.

c. Documentation: The Permittee shall submit to the Resource Management Agency, Planning Division for review and approval three sets of a draft landscape/revegetation plan, prepared by a California registered landscape architect (or other qualified individual as approved by the Planning Director), demonstrating compliance with the requirements set forth in this mitigation measure (above) and the County’s Landscape Design Criteria. The landscape architect responsible for the work shall stamp the plan. After landscape installation, the Permittee shall submit to the Resource Management Agency, Planning Division an installation completion statement from the project landscape architect confirming that all landscaping has been installed as shown on the approved landscape plan. Any changes to approved landscape plans that affect the character or quantity of the plant material must be approved by the Planning Director prior to installation. One year after the completion of landscape installation and the Public Works Agency Development and Inspection Services Division’s final inspection, the Permittee’s landscape architect will submit to the Ventura County Resource Management Agency, Planning Division an annual report detailing the progress and viability of the revegetation process. In the event the vegetation fails to provide sufficient coverage (80% per the Ventura County Grading Ordinance) or cause the slopes to visually blend in with the terrain and surrounding habitat, the landscape architect’s report shall set forth contingency measures (e.g., additional planting) to achieve this goal. Annual reports shall be prepared until the vegetation cover target attains the required percentage or the development visually blends in with the terrain and habitat surrounding the project site. The Permittee also shall submit plans to the Resource Management Agency, Planning Division that specify the materials and colors to be used in the energy dissipator and concrete headwall.

d. Timing: Prior to issuance of a Grading Permit, the Permittee shall submit the landscape/revegetation plan and plans for the energy dissipator and concrete headwall to the Resource Management Agency, Planning Division for review and approval. Prior the Public Works Agency Development and Inspection Services Division’s final inspection of the grading activities, the Permittee shall: (1) install all plantings according to the approved landscape/revegetation plan; and (2) submit the installation completion statement from the project landscape architect to


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the Resource Management Agency, Planning Division. One year after the completion of landscape installation and Public Works Agency Development and Inspection Services Division’s inspection, the Permittee’s landscape architect will provide to the Resource Management Agency, Planning Division an annual report detailing the progress and viability of the revegetation process. For any contingency measures that are required in order to ensure that the slopes visually blend in with the terrain and surrounding habitat, the landscape architect’s report shall set forth the timing for additional monitoring activities given the types of contingency measures that are required, subject to the review and approval of Resource Management Agency, Planning Division staff. Annual monitoring and reporting will occur until the target vegetation cover percentage has been reached.

e. Monitoring and Reporting: Resource Management Agency, Planning Division staff reviews the plans and landscape architect’s statements to ensure that they comply with the requirements of this Mitigation Measure. The Resource Management Agency, Planning Division maintains the landscape/revegetation plans and statements provided by the Permittee in the Project file, and may conduct a site inspection prior to, and within one year of, the Public Works Agency Development and Inspection Services Division’s final inspection of the grading activities, to ensure that the site is vegetated and the energy dissipator and concrete headwall are built according to the approved plans. For any contingency measures that are required in order to ensure that the slopes visually blend in with the terrain and surrounding habitat, Resource Management Agency, Planning Division staff will conduct additional inspections of the Project site, pursuant to the timing set forth in the landscape architect’s report.

C. CONSISTENCY WITH THE GENERAL PLAN Evaluated below is the consistency of the proposed project with the applicable policies of the General Plan Goals, Policies and Programs.

1. Resources Policy 1.1.2‐1: All General Plan amendments, zone changes and discretionary development shall be evaluated for their individual and cumulative impacts on resources in compliance with the California Environmental Quality Act.

As discussed in Section B (above) and in the MND prepared for the proposed project (Exhibit 4), the project’s individual impacts and contribution to cumulative impacts on resources have been evaluated in compliance with CEQA.


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Based on the discussion above, the proposed project is consistent with Policy 1.1.2‐1.

2. Resources Policy 1.1.2‐2: Except as otherwise covered by a more restrictive policy within the Resources Chapter, significant adverse impacts on resources identified in environmental assessments and reports shall be mitigated to less than significant levels or, where no feasible mitigation measures are available, a statement of overriding considerations shall be adopted.

As discussed in Section B (above) and in the MND prepared for the proposed project (Exhibit 4), the proposed project will have a potentially significant but mitigable impact to biological and scenic resources. The Grading Permit includes the mitigation measure identified in the MND as a condition of approval (Exhibit 7). With the implementation of this condition of approval, impacts to these resources will be less than significant. Based on the discussion above, the proposed project is consistent with Policy 1.1.2‐2.

F. PUBLIC WORKS DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, AND

JURISDICTIONAL COMMENTS The Development and Inspection Services Division provided public notice regarding this Public Works Director hearing.. The Development and Inspection Services Division mailed notice to all landowners within 300 feet of the project site and, due to the rural nature of the area, additional landowners in the valley were notified. A legal ad was placed in the Ventura County Star on November 2, 2015 and November 5, 2015. As of the date of this document, three comment letters were received from interested parties. The comments questioned the need for the access road, fencing requirements for cattle, the use as an additional escape route, impacts to the scenic resource, and the monitoring of revegetation to ensure blending. Staff has reviewed the grading plans and determined that they comply with the technical requirements of the grading ordinance. Staff has reviewed the comments and determined that the monitoring requirement for scenic resource mitigation should be clarified. The clarification included elaborating on the requirements for revegetation for visual blending and slope stability. Annual monitoring and reporting will be conducted and grading inspections will occur until the goal is reached. H. RECOMMENDED ACTIONS Based upon the analysis and information provided above, staff recommends that the Public Works Director take the following actions: DECISION‐MAKER REVIEW:

Public Works Director Staff Report for GPl4-0014Public Works Director Hearing on November 12, 2015

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t. CERTIFY that the Director has reviewed and considered this staff report and all exhibits

thereto, including the proposed MND and Mitigation Measures and Mitigation Monitoringand Reporting Program, and has considered all comments received during the public

comment process;

2. FIND, based on the whole of the record before the Public Works Director, including theln¡t¡al Study and any comments received, that upon implementation of the mitigation

measures there is no substantial evidence that the project will have a significant effect on

the environment and that the MND reflects the Public Works Director's independentjudgment and analysis;

3. ADOPT the MND (Exhibit 4) and Mitigation Monitoring Program.

4. MAKE the required findings to grant a Discretionary Grading Permit pursuant to Appendix J

Grading of the 2013 Ventura County Building Code, based on the substantial evidence

presented in Section F of this staff report and the entire record;

5. GRANT Discretionary Grading Permit, GPL4-00L4, subject to the conditions of approval(Exhibit 7).

6. SPECIFY that the Development and lnspection Services Department of the Engineering

Services Division is the custodian, and 800 S. Victoria Avenue, Ventura, CA 93009 is thelocation, of the documents and materials that constitute the record of proceedings uponwhich this decision is based.

The decision of the Public Works Director is final unless appealed to the Public Works Agency

within 10 calendar days after the permit has been approved, conditionally approved, or denied(or on the following workday if the lOth day falls on a weekend or holiday). Any aggrievedperson may file an appeal of the decision with the Public Works Agency. The Public Works

Agency shall then set a hearing date before the Board of Supervisors to review the matter atthe earliest convenient date.

Decision making authority has been delegated to Engineering Manager l, Pam Lindsey, by thePublic Works Director (Exhibit 8).

lf you have any questions concerning the information presented above, please contact Leia

Reed at (805) 658-4390 or [email protected].

Prepared by: Reviewed by:

Le C. Reed, Public Works lnspector ll d GutiRay Jr., ManagerDevelopment and lnspection Services

Engineering Services DivisionPublic Works Agency

De lopment and lnspection ServicesEngineering Services DivisionPublic Works Agency

Public Works Director Staff Report lor GP14-0014Publie Works Director Hearing on November :12, 2015

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/

Recommended for Approval byLead Agency by:

Schwind, DirectorEngineering Services DepartmentPublic Works Agency

EXHIBITS

Exhibit 1- Aerial Loeation MapExhibit 2 - General Plan and Zoning Designations MapExhibit 3- Grading Plans

Exhibit 4 - MNDExhiblt 5 - Public Comments and Response

Exhibit 6 -Viewshed Analysis

Exhibit 7 - Conditions of Approval and Mitigation Monitoring and Reporti¡g Program

Exhibit 8 - Delegation of Decísion Making Authority

EXHIBIT L

Aerial Location MaP

Exhibit 1Location Map

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General Plan andZoning Designations Map

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EXHIBIT 3

Grading Plans and Site Photographs

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View from the Danielson Fire Road looking south.

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View from the water tanks looking north.

EXHIBIT 4

Mitigated Negative Declaration

counw of ventura PUBLIC WORKS AGENCYJEFF PRATT

Agency Director

NOTICE OF AVAILABILITYAND INTENT TO ADOPT A

MITIGA IVE DEGLARATION

The County of Ventura Public Works Agency (PWA) Engineering Services

Divison, as the designated Lead Agency, has reviewed the followingproject:

Engineering Services DepartmentHerbert L. Schwínd, Director

Engineering Services DepartmentChristopher E. Cooper, Project Services

Deputy Director

County Surveyor's OfficeWayne Battleson, County Surveyor

Development & lnspection ServicesRaymond Gutierrez Jr., Manager

A. PROJECT DESCRIPTION:

Ent¡tlement: Agricultural Grading Permit, GP14-0014

Applicant: Joel Shukovsky

Location: The project site is located at 1769 Hidden Valley Road in the unincorporated area ofVentura County, and is the westerly terminus of Hidden Valley Road.

Assesso¡/s Parcel Nos.: 694-0-L4O-I2O and 694-0-150-170

Parcel Size: 96.67 acres and 79.77 acres, respectively

General Plan Desienation: Agricultural and Open Space

Zoning Designation: AE-40ac (Agricultural Exclusive, 40 acre minimum lot size)

Responsible and/or Trustee Agencies: County of Ventura Public Works Agency - Developmentand lnspection Services and California Department of Fish and Wildlife (CDFW).

Proiect Description: The project consists of the installation of an agricultural access road toconnect the two adjacent parcels to support existing agricultural operation and allow for an

additional escape route in the event of an emergency. The road will be approximately L300 feetlong and 12 feet wide and traverse steep terrain beginning at existing water tanks and

terminatingattheDanielsonFireRoad. Aculvertwill beinstalledatthemidpointoftheroadtoallow drainage to occur during rain events. The road will be constructed with cut slopes up to70 feet high and fill slopes up to 45 feet. There are no structures proposed at this time nor inthe foreseeable future

B. STATEMENT OF ENVIRONMENTAT FINDINGS:

State law requires the Public Works Agency, Development and lnspection Services Division, as

the lead agency for the proposed project, to prepare an lnitial Study (environmental analysis) todetermine if the proposed project could significantly affect the environment. Based on thefindings contained in the attached lnitial Study, it has been determined that the proposed

project may have a significant effect on the environment; however, mitigation measures are

Hall of Administration L# 1670800 S. Victoria Avenue, Ventura, CA 93009 . (805) 654-2018 r FAX (805) 654-3952 .http://www.ventura.org/pwa

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available that would reduce the impacts to less than significant levels, Therefore, a MitigatedNegative Declaration has been prepared and the applicant has agreed to implement themitigation measures.

C. LISTING OF POTENTIALTY SIGNIFICANT ENVIRONMENTAL IMPACTS IDENTI FIED:

a BroLoGrcAL RESOURCES (PWA) 4AThe project site contains suitable habitat for nesting birds and construction activities can

potentially impact protected nesting birds. Mitigation measures proposed in the lnitial

Study Biological Assessment will be implemented to reduce the impacts to less than

significant including surveys by an approved biological monitor within a 300 foot buffer

of suitable nesting habitat. Avoidance measures will be taken as appropriate depending

upon the species and status.

a SCENIC RESOURCES (RMA- Planning)5As stated in the Ventura County lnitial Study Assessment Guidelines (53), mountains,

ridgelines, hillsides, and native habitat qualify as scenic resources. The proposed project

site is located on a southeast-facing slope of a mountain at the western end of Hidden

Valley that is covered by native chaparral habitat undergoing a process of ecological

succession following the Spring Fire of May 2013. Therefore, the proposed project síte is

located within an area that has scenic resources. The proposed project does not include

the construction of any buildings, and does not include grading activities that could alter

the existing topography such that it would obstruct or obscure the scenic vista.

However, the proposed project has the potential to degrade the views of the southeast-

facing slope of a mountain at the western end of Hidden Valley that due to the creation

of exposed slopes from the grading activities, and installation of an energy dissipator

and headwall may be visually incompatible with the surrounding habitat.

With the implementation of Mitigation Measures identified in the lnitial Study, the

resulting agricultural access road will be visually compatible with the surrounding

terrain and other existing trails and unimproved roads within the viewshed, including

the Danielson Fire Road and Hidden Valley Road.

a COMMUNITY CHARACTER (RMA- Planning) 25

As discussed in Section 6a (above), the project site and surrounding area consistprimarily of mountainous terrain and chaparral habitat that is undergoing ecologicalsuccession and recovery following the Spring Fire of 2013, and has historically been used

for cattle grazing. The proposed project will involve grading and the construction of a

rock rip-rap energy dissipater and headwall to construct an agricultural road to affordaccess on parcels currently zoned for agricultural use. Although the proposed projecthas the potential to introduce development that is visually incompatible with thesurrounding area and create a potentially significant project-specific impact, theimplementation of Mitigation Measures identified in the lnitial Study will reduce theproposed project's project-specific impacts to community character to a less-than-

significant level.

Hall of Administration L # 1600800 S. Victoria Avenue, Ventura, CA 93009 . (805) 654-2018 o FAX (805) 654-3952 .http://www.ventura.org/pwa

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D. PUBLIC REVIEW:

Lesal Notice Method: Direct mailing to property owners within 300 feet of the property on

which the proposed project is located, and a legal notice in the Venturo County Recorder.

Document Posting Period: July 8, 2015 through August 6,2O!5

Public Review: The lnitial Study/Mitigated Negative Declaration is available for public review at

the County of Ventura, Public Works Agency Public Counter, 800 South Victoria Avenue,

Ventura, California, from 8:00 am to 4:30 pm, Monday through Friday. lt is also available on theCounty of Ventura website at the following address:

deve lopme nt-se rvices.

Comments: The public is encouraged to submit written comments regarding this lnitialStudy/Mitigated Negative Declaration no later than 5:00 p.m. on the last day of the documentposting períod to Leia C. Reed, the case planner, at the County of Ventura Public Works Agency,

Engineering Services Division, 800 South Victoria Avenue L#1600, Ventura, CA 93009, You may

also e-mail the case planner at [email protected]ß.

E. CONSIDERATION AND APPROVAT OF THE MITIGATED NEGATIVE DECLARATION:

Prior to approving the project, the decision-making body of the Lead Agency must consider thisMitigated Negative Declaration and all comments received on the Mitigated Negative

Declaration. That body may approve the Mitigated Negative Declaration if it finds that all thesignificant effects have been identified and that the proposed mitigation measures will reduce

those effects to less than significant levels.

Prepared by: Reviewed for Release to the Public by:

Reed, Engineering Technician utierrez, Jr., ManagerDevelopment and lnspection Services


Development and lnspection Services


Recommended for Approval byLead by:

Herbert L. Schwind, DirectorEngineering Services Depa rtmentPublic Works Agency

Hall of Administration L # 1600800 S. Victoria Avenue, Ventura, CA 93009 . (805) 654-2018 o FAX (805) 654-3952 .http://www.ventura.org/pwa

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Hall of Administration L # 1670

800 S. Victoria Avenue, Ventura, CA 93009 • (805) 654-2018 • FAX (805) 654-3952 •http://www.ventura.org/pwa

PUBLIC WORKS AGENCY JEFF PRATT

Agency Director

Engineering Services Department Herbert L. Schwind, Director

Engineering Services Department

Christopher E. Cooper, Project Services Deputy Director

County Surveyor’s Office

Wayne Battleson, County Surveyor

Development & Inspection Services Raymond Gutierrez Jr., Manager

county of ventura

MITIGATION MEASURES CONSENT AGREEMENT

Discretionary Grading Permit Case No.: GP14‐0014 Assessor’s Parcel Numbers (APNs): 694‐0‐140‐120, 694‐0‐150‐170 In accordance with §15063 of the California Environmental Quality Act (CEQA) Guidelines, the Ventura County Public Works Agency, in consultation with other appropriate public agencies, prepared an Initial Study, and has determined that the proposed project referenced above could have significant environmental impacts with respect to Biological Resources, Scenic Resources and Community Character. However, the Initial Study identified mitigation measures that could reduce the impacts to a less‐than‐significant level. Provided that you accept the mitigation measures, the Public Works Agency will prepare a Mitigated Negative Declaration (MND) for the proposed project [CEQA Guidelines, §15070(b)(1) and –(2)]. The following list includes a summary of the potentially significant environmental impacts of the proposed project and the mitigation measures necessary to reduce the impacts to a less‐than‐significant level, which were identified in the Initial Study: 1. Biological Resources ‐ The project site contains suitable habitat for nesting birds and construction activities can potentially impact protected nesting birds. Mitigation measures proposed in the Initial Study Biological Assessment, and listed below, will be implemented to reduce the impacts to less than significant including surveys by an approved biological monitor within a 300 foot buffer of suitable nesting habitat. Avoidance measures will be taken as appropriate depending upon the species and status.

Mitigation Measure:

The proposed project will incorporate the following avoidance and minimization measures to minimize any direct or indirect effects of project activities on biological resources. The Project design and activities will be the minimum size necessary to achieve the construction of the proposed project and if any special status species are present, appropriate regulatory agencies will be contacted immediately. To avoid impacts to nesting birds the following measures will be followed: a. Construction activities will be conducted between September 16 and February 28, if

feasible, to avoid the bird breeding season (March 1 to September 15).

b

PaEe2

lf work is conducted during the bird breeding season, a qualified biologist will conduct a

preconstruction survey for nesting birds within the project site and suitable nesting

habitat within 300 feet of the project site. lf the biologist does not find any active nests

within the survey area during the preconstruction survey, the construction work will be

allowed to proceed. lf the biologist finds an active nest within the project site and

determines that the nest may be impacted, the biologist will delineate an appropriate

buffer zone around the nest prior to the initiation of work. The size of the buffer zone

will depend on the affected species and the type of construction activity.

Any active nests observed during the survey will be mapped on an aerial photograph.

Only construction activities (if any) that have been approved by the biological monitor

will take place within the buffer zone until the nest is vacated.

The biologist shall serve as a construction monitor during those periods when

construction activities occur near active nest areas to ensure there are no inadvertent

impacts on the nests.

Communiw Character - As stated in the Ventura County lnitial Study

Assessment Guidelines (53), mountains, ridgelines, hillsides, and native habitat qualify as scenic

resources. The proposed project site is located on a southeast-facing slope of a mountain at

the western end of Hidden Valley that is covered by native chaparral habitat undergoing a

process of ecological succession following the Spring Fire of May 2013. Therefore, the proposed

project site is located within an area that has scenic resources. The proposed project does not

include the construction of any buildings, and does not include grading activities that could

alter the existing topography such that it would obstruct or obscure the scenic vista. However,

the proposed project has the potential to degrade the views of the southeast-facing slope of a

mountain at the western end of Hidden Valley that due to the creation of exposed slopes from

the grading act¡vities, and installation of an energy dissipator and headwall may be visually

incompatible with the surrounding habitat'

Mitieation Measure:

purpose: The purpose of this mitigation measure is to ensure that exposed slopes created by

the grading activities are revegetated, and the energy dissipator and headwall are designed,

such that the development will visually blend in with the terrain and habitat surrounding the

project site.

Requirement: The Permittee shall utilize native plants that are indigenous to the Santa Monica

Mountains to revegetate all cut and fill slopes. The use of native seed mix would mitigate

potential impacts to scenic resources by reestablishing the local chaparral habitat rather than

the color contrast that is typicalof hydroseeding. Also, the grouted riprap energy dissipator and

concrete headwall shall either be constructed of local rock or colored to match the surrounding

landscape.

Documentation: The Permittee shall submit to the County of Ventura Planning Division forreview and approval three sets of a draft landscape/revegetation plan, prepared by a California

registered landscape architect (or other qualified individual as approved by the Planning


800 S. Victoria Avenue, Ventura, CA 93009 . (805) 654-2018. FAX (805) 654-3952 .http://www ventura.org/pwa

c.

d.

e.

2. Scenic Resources and

.ì}êp

Director), demonstrating compliance with the requirements set forth in this mitigation measure

(above) and the County's Landscape Design Criteria. The landscape architect responsible for the

work shall stamp the plan. After landscape installation, the Permittee shall submit to the

County of Ventura Planning Division a statement from the project landscape architect that all

landscaping has been installed as shown on the approved landscape plan. Any changes toapproved landscape plans that affect the character or quantity of the plant material or

irrigation system design must be approved by the Planning Director prior to installation.

The permittee also shall submit plans to the County of Ventura Planning Division that specify

the materials and colors to be used in the energy dissipator and concrete headwall.

Timing: Prior to issuance of a Grading Permit, the Permittee shall submit the

landscape/revegetation plan and plans for the energy dissipator and concrete wall to the

Ventura County Planning Division for review and approval. Prior to the Public Works Agency

Development and lnspection Services Division's final inspection of the grading activities, thepermittee shall: (1) install all plantings according to the approved landscape/revegetation plan;

and (2) submit the statement from the project landscape architect to the Ventura County

Planning Division.

Monitoring and Reporting: Ventura County Planning Division staff will review the plans and

landscape architect's statement to ensure that they comply with the requirements of this

Mitigation Measure. The Planning Division maintains the landscape/revegetation plans and

statement by the landscape architect provided by the Permittee in the project file, and may

conduct a site inspection prior to the Public Works Agency Development and lnspection

Services Division's final inspection of the grading activities, to ensure that the site is vegetated

and the energy dissipator and concrete wall are built according to the approved plans.

l, Joel Shukovsky, the applicant for French Ranch Agricultural Access Road, hereby agree to

implement the mitigation measures described above, which have been developed in

conjunction with the preparation of a Mitigated Negative Declaration for the Discretionary

Grading Permit, GP14-0014. I understand that these mitigation measures or substantially

similar mitigation measures must be adopted as conditions of approval for grading permit

number GPL -OOI , in order to reduce the environmental impacts to a less-than-significant

level.

SShu Date

Hall of Administration L # 1600g00 S. Victoria Avenue, Ventura, CA 93009. (805) 654-2018. FAX (805) 654-3952.http:/iwww.ventura.org/pwa

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EXHIBIT 5

Public Comments and ResPonse




Agency Director







county of ventura November 5, 2015

Response to Comments

Discretionary Grading Permit No.: GP14‐0014 Applicant: Joel Shukovsky Location: 1769 Hidden Valley Road; Thousand Oaks Assessor’s Parcel Numbers (APNs): 694‐0‐140‐120, 694‐0‐150‐170 County staff prepared an Initial Study in accordance with the County’s Initial Study Assessment Guidelines. Based on the information contained in the Initial Study, the County prepared a Mitigated Negative Declaration (MND) and made the MND available for public review and comment from July 8, 2015 to August 6, 2015. The “Notice of Availability and Intent to Adopt a Mitigate Negative Declaration” was mailed out to all landowners within 300 feet of the project site and, due to the rural nature of the area, additional landowners in the valley were sent the notice. The notice was posted with the Ventura County Recorder’s office on July 8, 2015 and a legal advertisement was placed in the Ventura Recorder on July 9, 2015. Three comments were received during the comment period addressing concerns with the construction of the agricultural access road at the westerly terminus of Hidden Valley. These comments pertain to the following; a) concerns of the visual impact, b) the effectiveness and monitoring of the revegetation plan, c) the containment of cattle once the road is constructed, d) the claim that the road would allow an additional escape route in the event of another fire, e) the probability of floods occurring in a hundred year rain, f) the effect on migration of birds and other animals, and g) the visual blending of the constructed road. Response: a) Concerns regarding the visual impact to scenic resources was reviewed by County Staff to

determine the impacts from public viewing areas. In addition to reviewing site photos along the entire roadway from the first ninety degree turn, a viewshed analysis was performed by overlaying the engineered grading plans on GoogleEarth to simulate the impact on the hillside (Exhibit 6). It was determined that there were public viewing areas along the roadway where scenic resource would be impacted but the mitigation measure as proposed, with revegetation and visual blending, would reduce the impact to less than significant.

b) County staff further reviewed the monitoring requirements for the Scenic Resources mitigation measure to ensure the effectiveness of the visual blending. Although monitoring requirements were present, it was determined that a clarification was necessary. The



permittee is responsible for ensuring cut and fill slopes visually blend with the surrounding environment prior to the completion and close out of the discretionary grading permit. This will be monitored by a Landscape Architect (or qualified individual as approved by the County) who will assess and prepare annual reports until visual blending occurs. The project will also be monitored by the Public Works Inspector for adequate growth to reduce erosions as part of a standard grading permit condition per the 2013 Ventura County Building Code, Appendix J Grading and the Ventura County Municipal Separate Storm Sewer System (MS4) Permit, NPDES No. CAS004002.

c) The permittee’s intent to use the road as an agricultural access road to support an existing agricultural operation and graze cattle on the northern parcel was commented on. The concern that open fence lines exists on the northern parcel and cows could escape was addressed by the permittee’s agent, Anna Huber, stating that “there is currently fencing along the edges of the lower pastures so they are not able to access the project site [and] there are no immediate plans to graze cattle in the project site area.”

d) The original statement in the draft Mitigated Negative Declaration that was available for public comment stated that the road would “allow for an additional escape route in the event of an emergency.” Concerns regarding the danger of egress up‐slope during a fire was considered and, although fire was not mentioned in the original document, the comment was removed from the project description of the staff report. During the initial circulation of the permittee’s application, the Ventura County Fire Protection District (VCFPD) had the opportunity to review the project and make comments. There were no concerns at that time brought up by the VCFPD.

e) Flooding or stormwater runoff occurring as a result of a hundred year storm is considered during the initial phase of engineering and County Staff plan check in order to approve the engineered grading plans. Drainage facilities and dissipators for this project are designed to reduce the stormwater runoff velocity. The permittee has provided adequate grading plans to meet this requirement.

f) The Initial Study Biological Assessment surveyed the project area specifically looking to address biological impacts the project will have on both plant and animal species. During the spring survey, no plant or animals of special interest were discovered but a mitigation measure was put in place to prevent nesting birds from being harmed and/or displaced. The permittee’s biological monitor will have to conduct a pre‐construction survey for nesting birds if construction activities occur within the bird breeding season (March 1 to September 15).

g) Visual blending will be required of the applicant prior to the completion and closure of the discretionary grading permit. Refer to response ‘a’ and ‘b.’

After reviewing the comment, County Staff determined that the mitigation measures were sufficient in the current form but required clarification of the monitoring requirement. As there were no changes to the mitigation measures, the MND did not require recirculation. The revision to the Scenic Resource Mitigation Measure is included in both the Final MND (Exhibit 4) and the Conditions of Approval and Mitigation Monitoring and Reporting Program (Exhibit 7).

Reed, Leia

From:Sent:To:

Cc:

Subject:

Dear Leia Reed,

[email protected], August 03, 20i.5 7:32 ÃMReed, Leia

Parks, Linda; [email protected] Valley Agricultural Grading permit, GpL4_OOt4

Thank you for the -opP9+Ynity

to respond to, the proposed road grading al 176g Hidden Valley Road. we are the owners ofthe property at 1761 Hidden Valley Road which ihe'grading proiect w'rl border anJ oã nignty visibte from. ApN,s 694-0-140-090 & 110.

I have lived in Hidden.valley fgr 3] years and while I was a Fire Fighter for the county I also lived at and assisted in themanagement of the old Historic French Ranch of the late Mrs, Fre-nch tor rò veãr",'inererore I am very famitiarwith thisproperty.

This new road will clo_sely follow and old riding trail that lead from the top to the hill down tarea, However Mrs. French had us eliminate and block off this trail becäuse she had sold redPotrero Rd, and this trail now to be come a 12 foot road left an escape route for the catge d openfence lines that still exist today on Potrero Rd, and adjoining properties. She felt gre Riskthe upper g0 acrgs. ¡r r'¡ vtvvr trve'| vr rs rert rr rE r\rùr\ ln uslng

For access to the 80 acres, she maintained a 15 foot wide easement Road to access the upper g0 acres from potreroRd. which is only al1l2 minute drive from the Hidden Valley Road address.

This project will affect us and our property values more than anyone else. we will have to look at this cut into themountain every day unless more stringent revegetation measures are taken in addition to the ones mentioned in yourstudy.

lnyourletterandthereportitmentionedthatthis..l300footlongroad 12feetwideandhavingcutslopesofT0ftandfillslopes of 45 feet will have a significant effect on the environmeãt. Al"o this road will be visiblã as rar åwãy as the first g0degree corner coming into the Valley from Westlake Village. This is a Major .ã.t tJ.ing slope,

Therefore with that being said we are'asking that a more intense revegetation plan be conducted, perhaps lining theoutside edge of the road with trees, to lesson the visual impact that thrls will haüe on Hidden Valley. - -.F - '

Here are our others concerns:

1' Wth the proposed revegetation plan, Who is going tornanage the plan? How is the plan going to be managed? Andhow Long is it going to be monitored to ensure that tñis 70 fooicut ano ¿s foot fill slope ooeé noioecome an unstigh¡yscar on the scenic east facing slope on the tallest mountain at the westerly bowl of ¡tiOOen Valleyi

2' lf the revegetation plan is unsuccessful what is the alternative plan? please state,

3. ls the property going to be fenced to contain the cows?

4' Final note: To state that this would " allow an additional escape route in the event of another fire.,, This statement ismisleading.As mentioned earlier ly?9 q Fire Fighter for the Ventura County (now retired) my last assignment was at Fire Station 33Lake Shenruood) as a Shift Captain. I was involved in both tne t-gÒ¿ fire and t'ne áoig fire tñat went thru this area.I have contacted the Fire Prevention Otficer and The Division Chief that serve the-area and they r"iã nòt ãware of thisstatement being made by them.

Ïhis area is in the Big Sycamore Canyon Fire Channel. Allfires that come up Big Sycamore Canyon goes right thru thisarea and up this mountain side, lt did it in 1994 and 2013, the fire takes the'sanie iath. you do not s-end people uphill ina brush covered mountain to escape a fire. That would be suicide. I strongly suggest that you revisit that statement.

1

Reed, Leia

From:Sent:lo:Cc:

Subject:

Hugh Cassar < [email protected]>Monday, August 03, 2015 2:50 PMReed, Leia

[email protected] Grading Permit, GP14-0014

Dear Leia Reed,

ft has been brought to my attention by Mr. Rob Werner my next door neighbor that Mr Joel Shukovsky has applied for agrading permit on his parcelAssessor's Parcel Nos694-0-1,40-120 a nd 694-0-L50-170.

I am presently the next door neighbor and did for some reason not receive the Mitígated Negative Declaration that youmailed

I would therefore upon getting a copy from Mr. Rob Werner like to add some comments to his email as a concernedpropertyownertosuchabeautifulareawhichlfeelthatMrShukovsky mayendupcreatingand ruiningthescenicview of our beautiful valley but all the other negatives that are mentioned in your Project Description and theprobability of floods occurring in a hundred year rain. I myself when grading some L5 years ago had to build channels ahalf a mile long of huge 12 foot wide and large drainage areas before I could build or cut any grading .

lf you study the email that Mr. Rob Werner wrote who knows the area much more than anyone else as a retired firefighter in our county and has lived in the valley for 37 years I probably could not add any more than what he hasinscribed in his email except that all of us in the adjacent valley object to what Mr. Joel Shukovsky wants to do for noreason at all as he already has excess to that area, and again we are all told that the grading he wants to do is notnecessary for fire fighters to fight any fires as that would be a suicidal thing to risk our firefighters lives,

Someothernegativeaspectsofdoingsoisnotonlywill itwillcreateasignificanteffecton theenvironmentbuttheBiologicaleffect on the habitat it will create on our migration of our birds and animals in that protected area which hasbeen the habitat for our animals for many years, I can understand if it was needed but as mentioned in Mr. Werner,semail that there is another access the other 80 acres on upper road that has been used for years.

The area Mr, Shukovsky wants to grade has also been used as an area for cattle grazing, and an cutting into the area assuch could become disastrous for the cattle.

All in all I as a concerned neighbor and resident for the last 20 years cannot see any significant reason to impact ourscenic areas of our beautiful Hidden Valley just because one person need it for their own useful need.

Hugh R Cassar

Lynn Keets Cassar

1750 Hidden Valley Road,Thousand Oaks, California,93021.

Tel No :805 857 8555

Reed, Leia

Sent:To:Cc:

From: Parks, Linda

Thursday, August 06, 201-5 9:16 AMReed, Leia

Wing, DamonFwd: Agricultural grading permit: Gp14-0014

Hi Leia, could you also please respond to Ms, salick for me, and cc me and Damon?

Linda ParksSupervisor, District 2625 W. Hillcrest DriveThousand Oaks, CA. 91360-4235(805) 214-251 0 [email protected]

B egin forwarded message :

From: [email protected]: August 5,2015 at 70:29:10 PM PDTTo : linda.parks@,ventura. orgSubject: Agricultural grading permit: GP14-0014

Dear Supervisor Parks -I have received notice from the County of Ventura that our neighbor, Joel Shukovsky at 176g HiddenValley Road, will be installing an access road to provide an additional escape route in the event of anemergency. The need for an escape road is understandable. I would request that you ensure that theMitigation Measures described in the application to make the road visually compatible with thesurroundíng terrain are followed.Thank you,Gloria SalickSandstone1753 Hidden Valley RoadThousand Oaks, CA 91361cell: 310-87'1-9837

Subject:

1

EXHIBIT 6

Viewshed Analysis

French Ranch Viewshed and Vantage Point Study

1769 Hidden Valley Road, Thousand Oaks, CA 91361

APN: 694-00140-120

Page 1

French ranch Viewshed Study• Source Google Earth Pro and civil engineered drawing to scale of the proposed road, cut and fill slopes at

French Ranch.

• The address of the project is: 1769 Hidden Valley Road, Thousand Oaks, CA 91361

• A viewshed is an area that is visible from a specific location. Viewshed analyses are a common function of most geographic information system (GIS) software. The analysis uses the elevation value of each cell of the digital elevation model (DEM) to determine visibility to or from a particular vantage point.

• Viewshed generates a view in all directions around the placemark instead of limiting the view to a particular angle. The visible area is highlighted in color as follows:

• Roadway – Tan • 1:1 Cut Slope – Yellow• 2:1 Fill Slope - Red

• Four Vantage Points were usedPrivate Residences:

Vantage Point 1 - 1769 Hidden Valley Rd, Latitude: 34° 8'41.02"N, Longitude: 118°56'10.59"W

Vantage Point 2 - 1761 Hidden Valley Rd, Latitude: 34° 8'47.73"N, Longitude: 118°55'59.09"W

Public Locations:Vantage Point 3 - Hidden Valley Overlook Trail, Latitude: 34° 8'43.22"N, Longitude: 118°56'26.01"W

Vantage Point 4 - Hidden Valley Rd, Latitude: 34° 8'42.02"N, Longitude: 118°55'49.11"W

1769 Hidden Valley Ranch Rd.

Vantage Point #1 – Private residence1769 Hidden Valley Rd

Latitude: 34° 8'41.02"N Longitude: 118°56'10.59"W

View without Tree Foliage

View with existing Tree Foliage

Viewshed

Vantage Point #2 – Private residence1761 Hidden Valley Rd

Latitude: 34° 8'47.73"NLongitude: 118°55'59.09"W



Viewshed

Vantage Point #3 – Hidden Valley Overlook Trail1761 Hidden Valley Rd


ViewshedNo tree foliage present from this view.Proposed project can not be readily seen from the Hidden Valley Overlook trail Vantage point.

Street View

Vantage Point #4 – Public Right of WayHidden Valley Rd



Viewshed


EXHIBIT 7

Conditions of Approval and Mitigation

Monitoring and RePorting Program




Agency Director







county of ventura November 4, 2015

Discretionary Grading Permit No.: GP14‐0014 Permittee: Joel Shukovsky Location: 1769 Hidden Valley Road; Thousand Oaks Assessor’s Parcel Numbers (APNs): 694‐0‐140‐120, 694‐0‐150‐170 CONDITIONS OF APPROVAL 1. Air Pollution Control District (APCD) Conditions:

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

b. Requirement: The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). Further, the Permittee shall comply with the provisions listed in subparagraph c, below.

c. Documentation: The Lead Agency shall inspect, and document its inspections of, Permittee’s compliance with the following provisions:

i. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of dust.

ii. Pre‐grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Application of water should penetrate sufficiently to minimize fugitive dust during grading activities.

iii. All trucks shall cover their loads as required by California Vehicle Code §23114. iv. Fugitive dust throughout the construction site shall be controlled by the use of a

watering truck or equivalent means (except during and immediately after rainfall). Water shall be applied to all unpaved roads, unpaved parking areas or staging areas, and active portions of the construction site. Environmentally‐safe dust control agents may be used in lieu of watering.

v. Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization.

vi. Signs shall be posted onsite limiting traffic to 15 miles per hour or less.



vii. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties). During periods of high winds, all clearing, grading, earth moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard, either offsite or onsite.

viii. Personnel involved in grading operations, including contractors and subcontractors, should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations.

ix. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible off the site: (805) 645‐1400 during business hours and (805) 654‐2797 after hours.

d. Timing: Throughout the project. Reporting and Monitoring: The Lead Agency shall monitor all dust control measures during grading activities. (APCD‐1)

2. Watershed Protection District (WPD) Surface Water Quality Conditions: Compliance with

the Stormwater Development Construction Program a. Purpose: To ensure compliance with the Los Angeles Regional Water Quality Control

Board NPDES Municipal Stormwater Permit No.CAS004002 (Permit) the proposed project will be subject to the construction requirements for surface water quality and storm water runoff in accordance with Part 4.F., “Development Construction Program” of the Permit.

b. Requirement: The construction of the proposed project shall meet requirements contained in Part 4.F. “Development Construction Program” of the Permit through the inclusion of effective implementation of the Construction BMPs during all ground disturbing activities. In addition, Part 4.F requires additional inspections to be conducted by the Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer, Qualified SWPPP Practitioner, or Certified Professionals in Erosion and Sediment Control (CPESC).

c. Documentation: The Permittee shall submit to the Watershed Protection District, Surface Water Quality Section (SWQS) for review and approval:

i. Complete SW‐HR form (Best Management Practices for Construction at High Risk Sites), which can be found at http://onestoppermit.ventura.org/.

d. Timing: The above listed item shall be submitted to the SWQS for review and approval prior to issuance of Grading Permit.

e. Monitoring and Reporting: SWQS will review the submitted materials for consistency with the NPDES Municipal Stormwater Permit. Grading Permit Inspectors will conduct inspections during construction to ensure effective installation of the required BMPs and record keeping of conducting required inspections by the project proponents Qualified SWPPP Developer, Qualified SWPPP Practitioner, or CPESC. (SWQ‐1)



3. Biological Resource Condition: a. Purpose: The project site contains suitable habitat for nesting birds and construction

activities can potentially impact protected nesting birds. Mitigation, monitoring and avoidance measures are necessary to protect biological resources.

b. Requirement: Mitigation measures proposed in the Initial Study Biological Assessment, and listed below, will be implemented to reduce the impacts to less than significant including surveys by an approved biological monitor within a 300 foot buffer of suitable nesting habitat. Avoidance measures will be taken as appropriate depending upon the species and status and the Project design and activities will be the minimum size necessary to achieve the construction of the proposed project and if any special status species are present, appropriate regulatory agencies will be contacted immediately. The Permittee shall comply with the following avoidance and minimization measures to minimize any direct or indirect effects of project activities on biological resources to avoid impacts to nesting birds:

i. Construction activities will be conducted between September 16 and February 28, if feasible, to avoid the bird breeding season (March 1 to September 15);

ii. If work is conducted during the bird breeding season, a qualified biologist will conduct a preconstruction survey for nesting birds within the project site and suitable nesting habitat within 300 feet of the project site. If the biologist does not find any active nests within the survey area during the preconstruction survey, the construction work will be allowed to proceed. If the biologist finds an active nest within the project site and determines that the nest may be impacted, the biologist will delineate an appropriate buffer zone around the nest prior to the initiation of work. The size of the buffer zone will depend on the affected species and the type of construction activity;

iii. Any active nests observed during the survey will be mapped on an aerial photograph;

iv. Only construction activities (if any) that have been approved by the biological monitor will take place within the buffer zone until the nest is vacated; and,

v. The biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure there are no inadvertent impacts on the nests.

c. Documentation: The Permittee shall submit the pre‐construction nesting birds survey report to the Lead Agency prior to work beginning if Permittee plans to conduct construction activities during the nesting season.

d. Timing: Throughout the project e. Monitoring and Reporting: If construction activities occur during the nesting season

and nesting birds are found on site, the applicant shall submit a report showing the delineated buffer zone. The delineated area will be verified at the Pre‐Construction meeting by the Lead Agency and monitored during regular site inspections. If the delineated area is encroached, a Stop Work Order will be issued and appropriate agencies notified.



4. Scenic Resources and Community Character Conditions: As stated in the Ventura County

Initial Study Assessment Guidelines (53), mountains, ridgelines, hillsides, and native habitat qualify as scenic resources. The proposed project site is located on a southeast‐facing slope of a mountain at the western end of Hidden Valley that is covered by native chaparral habitat undergoing a process of ecological succession following the Spring Fire of May 2013. Therefore, the proposed project site is located within an area that has scenic resources. The proposed project does not include the construction of any buildings, and does not include grading activities that could alter the existing topography such that it would obstruct or obscure the scenic vista. However, the proposed project has the potential to degrade the views of the southeast‐facing slope of a mountain at the western end of Hidden Valley that due to the creation of exposed slopes from the grading activities, and installation of an energy dissipater and headwall may be visually incompatible with the surrounding habitat. a. Purpose: The purpose of this mitigation measure is avoid potentially significant impacts

to scenic resources by ensuring that exposed slopes created by the grading activities are revegetated to the maximum extent feasible, and the energy dissipator and headwall are designed, such that the development will visually blend in with the terrain and habitat surrounding the project site.

b. Requirement: The Permittee shall revegetate all cut and fill slopes using only native plants that are indigenous to the Santa Monica Mountains. Also, the grouted riprap energy dissipator and concrete headwall shall either be constructed of local rock or colored to match the surrounding landscape.

c. Documentation: The Permittee shall submit to the Resource Management Agency, Planning Division for review and approval three sets of a draft landscape/revegetation plan, prepared by a California registered landscape architect (or other qualified individual as approved by the Planning Director), demonstrating compliance with the requirements set forth in this mitigation measure (above) and the County’s Landscape Design Criteria. The landscape architect responsible for the work shall stamp the plan. After landscape installation, the Permittee shall submit to the Resource Management Agency, Planning Division an installation completion statement from the project landscape architect confirming that all landscaping has been installed as shown on the approved landscape plan. Any changes to approved landscape plans that affect the character or quantity of the plant material must be approved by the Planning Director prior to installation. One year after the completion of landscape installation and the Public Works Agency Development and Inspection Services Division’s final inspection, the Permittee’s landscape architect will submit to the Ventura County Resource Management Agency, Planning Division an annual report detailing the progress and viability of the revegetation process. In the event the vegetation fails to provide sufficient coverage (80% per the Ventura County Grading Ordinance) or cause the slopes to visually blend in with the terrain and surrounding habitat, the landscape architect’s report shall set forth contingency measures (e.g., additional planting) to achieve this goal. Annual reports shall be prepared until the vegetation cover target attains the required percentage or the development visually blends in with the terrain



and habitat surrounding the project site. The Permittee also shall submit plans to the Resource Management Agency, Planning Division that specify the materials and colors to be used in the energy dissipator and concrete headwall.

d. Timing: Prior to issuance of a Grading Permit, the Permittee shall submit the landscape/revegetation plan and plans for the energy dissipator and concrete headwall to the Resource Management Agency, Planning Division for review and approval. Prior the Public Works Agency Development and Inspection Services Division’s final inspection of the grading activities, the Permittee shall: (1) install all plantings according to the approved landscape/revegetation plan; and (2) submit the installation completion statement from the project landscape architect to the Resource Management Agency, Planning Division. One year after the completion of landscape installation and Public Works Agency Development and Inspection Services Division’s inspection, the Permittee’s landscape architect will provide to the Resource Management Agency, Planning Division an annual report detailing the progress and viability of the revegetation process. For any contingency measures that are required in order to ensure that the slopes visually blend in with the terrain and surrounding habitat, the landscape architect’s report shall set forth the timing for additional monitoring activities given the types of contingency measures that are required, subject to the review and approval of Resource Management Agency, Planning Division staff. Annual monitoring and reporting will occur until the target vegetation cover percentage has been reached.

e. Monitoring and Reporting: Resource Management Agency, Planning Division staff reviews the plans and landscape architect’s statements to ensure that they comply with the requirements of this Mitigation Measure. The Resource Management Agency, Planning Division maintains the landscape/revegetation plans and statements provided by the Permittee in the Project file, and may conduct a site inspection prior to, and within one year of, the Public Works Agency Development and Inspection Services Division’s final inspection of the grading activities, to ensure that the site is vegetated and the energy dissipator and concrete headwall are built according to the approved plans. For any contingency measures that are required in order to ensure that the slopes visually blend in with the terrain and surrounding habitat, Resource Management Agency, Planning Division staff will conduct additional inspections of the Project site, pursuant to the timing set forth in the landscape architect’s report.

Permittee shall implement the mitigation measures described above, which have been developed in conjunction with the preparation of a Mitigated Negative Declaration for the Discretionary Grading Permit, GP14‐0014. Permittee understands that these mitigation measures are conditions of approval of grading permit number GP14‐0014, in order to reduce the environmental impacts to a less‐than‐significant level. These conditions of grading permit number GP14‐0014 are in addition to the standard conditions for grading per the 2013 Ventura County Building Code, Appendix J Grading and the Ventura County Municipal Separate Storm Sewer System (MS4) Permit, NPDES No. CAS004002.



Permittee shall defend, indemnify and hold harmless the County of Ventura and its boards, agencies, departments, officers, employees, agents and volunteers from and against any and all claims, lawsuits, judgments, debts, demands and liability, including, without limitation, liabilities, defense and legal costs, interest, attorney’s fees and expenses of any kind whatsoever arising directly or indirectly out of acts, or omissions, of Permittee or Permittee’s representatives, in the performance of any activities in connection with grading permit number GP14‐0014. PERMITTEE _____________________________ ________________ Joel Shukovsky Date

EXHIBIT 8

Delegation of Decision Making Authority

Gounty of VenturaPublic Works Agency

MEMORANDUM

Date: October 28,20t5

To: Pam Lindsey, Watershed Ecologist, Watershed Protection DistrictRaymond Gutierrez, Jr., Manager - Development and lnspection Services Division

From: Jeff Pratt, Agency Director

Subject: Discretionary Grading Permit 14-0014 - Delegation of Building OfficialDuties Including the Public Hearing and lssuing the Discretionary Grading Permit

Pam Lindsey will serve on my behalf as the Building Official at the Public Hearing onNovember 12,2015. Your role will also include issuing or denying the permit after holdingthe public hearing and overseeing the appeal process if an appeal is filed by any interestedpafty.

lf a discretionary grading permit is issued, Raymond Gutierrez. Jr., will serve as theBuilding Official for the construction period after permit issuance which includes the projectcloseout,

Please follow the procedures for administering and processing a discretionary gradingpermit in accordance with the Ventura County 2013 Building Code, Appendix J Grading.

Appointment Date: lt

Jeff

I

Page: I of I

public works agency staff report – hearing on november 12...

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