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Ventura County planning commission OKs 40‑year continuance for Bacalley’s Pizza and Pasta
Summary
The Ventura County Planning Commission voted 4-0 to grant a continuation permit allowing Bacalley’s Pizza and Pasta to operate as a nonconforming restaurant in the open‑space zone for 40 years, subject to conditions including dark‑sky compliant lighting, environmental health and fire‑safety requirements.
The Ventura County Planning Commission on March 20 approved a continuation permit allowing Bacalley’s Pizza and Pasta to continue operating as a legally established, nonconforming eating establishment in the open‑space zone near Ojai for a 40‑year term.
Planning staff said the property qualifies for a continuance because the restaurant was established before a 1984 rezoning that rendered it nonconforming and because retrofitting the small parcel for another use would be cost prohibitive. The commission’s decision (4‑0) follows staff’s recommendation to grant the permit as categorically exempt from environmental review under the cited "section 15,301, existing facilities," provided the project meets several conditions.
Charles Anthony, case planner for Ventura County, told the commission the restaurant sits in the western corner of a five‑acre parcel near Reeves Road and State Route 150 and that the building is about 2,300 square feet. Anthony summarized planning staff’s findings that the continuance would not be detrimental to public health, safety or welfare so long as conditions are met, including compliance with Ventura County’s dark‑sky rules for any new lighting and environmental health standards for the septic system. He also noted Ventura County Fire Department review determined there is adequate emergency access and water supply and that the property is subject to the county’s Fire Hazard Reduction Program requiring defensible‑space maintenance.
Anthony said there is no proposal for new construction or change to hours of operation; regular hours would remain 8 a.m. to 10 p.m. He said the business may host up to three one‑day events annually (4 p.m. to 9 p.m.) with a maximum of 200 attendees, and parking is provided on site.
Applicant Duane Bacalley, owner of Bacalley’s Pizza and Pasta, addressed the commission during the public comment period and asked the commission to authorize a longer term so the family would not need to repeat the review soon. "I think a 40‑year term would be wonderful," Bacalley said, and described the restaurant’s long history in the community, employees with decades of service and his family’s roots in Ventura County.
Commission discussion focused on the procedural basis for continuance permits, the appropriate term length and whether a longer term would be supported by the findings. Commissioner Sandlin moved to grant the continuance permit with staff’s recommended conditions and to extend the term to 40 years; Commissioner Garcia seconded. Secretary Luce called roll: Commissioner Boydston — yes; Commissioner Garcia — yes; Vice Chair Sandlin — yes; Chair Kesely of the Ventura County Planning Commission — yes. The motion passed 4‑0.
The permit includes conditions requiring a named contact to address complaints, adherence to the county’s dark‑sky lighting standards if new lighting is proposed, and continued compliance of the septic system with Environmental Health Division requirements. Planning staff noted the existing continuance issued by the planning director in February 2008 is set to expire June 5, 2025; the commission’s action replaces that term with a new 40‑year continuance. The staff report also noted the parcel was incorrectly listed in an earlier page of the report as 49.6 acres; staff corrected the record to show the parcel is five acres.
No public speakers opposed the permit at the hearing. The commission’s action grants the continuation permit subject to the findings and conditions contained in the staff packet.
