8178-7 - Tree Protection Regulations. 8178-7.1 - Purpose.

Ventura County recognizes that trees contribute significantly to the County's unique aesthetic, biological, cultural, and historical environment. Trees also absorb carbon dioxide, reduce heat gain, and reduce stormwater runoff, thereby affecting energy use, climate change, and water quality. It is the County's specific intent, through the regulations that follow, to encourage the responsible management of these resources by employing public education and recognized conservation techniques to achieve an optimal cover of healthy trees of diverse ages and species.

(Ord. No. 4492, § 6, 6-21-2016)

This Section 8181-7 applies to the alteration, transplantation, or removal of every tree within the coastal zone.

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.3 - Types of protected trees.

Each of the following types of trees identified in Section 8178-7.3 is considered to be a protected tree for purposes of Section 8178-7.

Any tree that meets one (1) or more of the following criteria shall be classified as ESHA:

(a)

The tree is located within any ESHA or is classified as ESHA by a qualified biologist. Non-native, invasive or invasive watch-list trees shall not be classified as ESHA unless the tree meets the definition of ESHA in Section 8178-2.4.1.

(b)

The tree exhibits evidence of supporting a breeding colony, colonial roost, bird nest (for migratory birds), or has been identified as a denning or breeding site, as determined in writing by a qualified biologist or ornithologist, or as determined by the County biologist based on historic or current data.

(c)

The tree was required to be planted or protected pursuant to a ESHA Mitigation Plan, ESHA Vegetation Management Plan, or Tree Protection, Planting, and Monitoring Plan.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

a.

A native tree, which includes but is not limited to the trees listed as Native trees in Appendix T-1, Table 1, shall be classified as a protected tree if it meets one or more of the following criteria:

1.

The tree is a minimum of three (3) inches in diameter at four and one-half (4.5) feet above existing grade.

2.

The tree is a multi-trunk tree with two (2) or more trunks forking below four and four and one-half (4.5) feet above the uphill side of the root crown with two (2) of the trunks having a sum of six (6) inches in diameter.

(Ord. No. 4492, § 6, 6-21-2016)

a.

Historic trees embody distinguishing characteristics that are inherently valuable and are associated with landscape or land use trends that shaped the social and cultural history of Ventura County. To be considered an historic tree, a tree or group/grove of trees shall be identified by the County as a Cultural Heritage Site, or the tree or group/grove of trees shall be listed in or formally determined eligible for listing in the California Register of Historic Resources and/or National Register of Historic Places. In addition to the foregoing requirements, a tree must meet one or more of the following criteria to be a historic tree:

1.

The tree(s) is associated with events or persons that made a significant contribution to the history of Ventura County, California or the nation.

2.

The tree(s) functions as an important biological, visual, or historic resource within the context of an historic landscape.

3.

The location of the tree(s) is associated with an historically significant view or setting.

(Ord. No. 4492, § 6, 6-21-2016)

(a)

Heritage trees are defined as non-native, non-invasive or non-invasive watch list species trees or group/grove of trees with unique value that are considered irreplaceable because of the tree's rarity, distinctive features (e.g., size, form, shape color), or prominent location with a community or landscape. To be considered a heritage tree, a tree (or group/grove of trees) shall meet either of the following criteria:

(1)

The tree has a single trunk of twenty-eight (28) inches or more in diameter or with multiple trunks, two (2) of which collectively measure twenty-two (22) inches or more in diameter; or

(2)

If the tree species has naturally thin trunks when full grown (such as Washington Palms), or trees with unnaturally enlarged trunks due to injury or disease (e.g., burls and galls), the tree must be:

a.

At least sixty (60) feet tall; or

b.

At least seventy-five (75) years old, as verified by historical accounts, photographs, or associations with historic structures. Age shall not be determined by growth ring counts in cores taken from the edge to the center of the tree.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

The purpose of these development standards is to ensure the conservation of protected trees that may provide critical life stage habitats for special status species that are protected by the Fish and Game Code, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act and other federal, state, or local regulations. The development standards are also intended to ensure that protected trees are preserved where they are an important component of the visual character of the coastal zone.

((Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

(a)

A new principal use or structure shall be sited and designed to avoid damage to native, historic, and heritage protected trees to the maximum extent feasible, as evidenced through an alternatives analysis. If there is no feasible alternative that can avoid damage to a protected tree, then the project alternative that would result in the least damage to such a tree shall be selected, and damage to a protected tree that cannot be avoided through implementation of siting and design alternatives shall be mitigated consistent with the mitigation requirements in Section 8178-7.6.

(b)

A new principal use or structure shall be sited and designed to avoid damage to protected trees that are classified as ESHA pursuant to Section 8178-2.4.1. However, if there is no feasible alternative that can avoid all impacts to a protected tree designated as ESHA, and still allow a principal use or structure that is the minimum necessary to provide economically beneficial use of the property (as evidenced through an alternatives analysis), the project alternative that would result in the least damage to such a tree shall be selected. Impacts to trees classified as ESHA that cannot be avoided through implementation of siting and design alternatives, including reduction of the building footprint, shall be mitigated consistent with the mitigation requirements in Sections 8178-7.6, 8178-2.10, and 8178-2.10.7 (as applicable).

(c)

Once the original land use entitlement has been issued for a principally permitted use or structure, and the use has commenced or the structure has been built, an addition or expansion that would require the removal of a protected tree, or alteration/protected zone encroachments that damage a protected tree shall be prohibited (see Section 8178-7.6.1). A heritage tree is excluded from this prohibition.

(d)

Development shall be sited and designed to avoid encroachment into the protected zone of a protected tree to the maximum extent feasible. Encroachments shall be fully mitigated consistent with the mitigation requirements in Section 8178-7.6.

(e)

The removal of a protected tree, or alterations/protected zone encroachments that damage a protected tree, shall be prohibited for accessory uses or structures except for existing, legal structures (see Section 8178-

7.6.1). Notwithstanding the foregoing, a heritage tree may be removed for the purpose of constructing an accessory dwelling unit.

(f)

New discretionary development shall be sited and designed to comply with the following:

(1)

Irrigation and landscaping shall be prohibited within the protected zone except where the protected tree is tolerant of water, the landscape is comprised of shallow-rooted, herbaceous perennials, bulbs or groundcover, and a qualified tree consultant verifies the protected tree would not be adversely affected by the level of irrigation, compaction of soil, or root disturbance associated with the proposed landscaping.

(2)

A minimum buffer zone of five (5) feet from edge of the tree protected zone shall be provided to allow for future growth of a protected tree unless a qualified tree consultant provides justification in writing that the buffer zone may be decreased in size because the protected tree is regarded as "tolerant" due to the tree species, age, health or location.

(3)

New drainage systems shall be directed away from all root zones of all protected trees, replacement offset trees, and transplanted trees.

(g)

When a public works project includes the repair or maintenance of drainage devices and road-side slopes, the project may not result in the alteration or removal of a protected tree except as follows:

(1)

The development is the minimum design necessary to protect existing public roads;

(2)

The project avoids removal or alteration of protected trees to the maximum extent feasible, and

(3)

All impacts to protected trees are mitigated pursuant to Section 8178-7.6.

This provision shall not apply to trees classified as ESHA, which are subject to more protective requirements pursuant to Section 8178-2.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4520, § 5, 2-27-2018; Ord. No. 4586, 10-19-2021)

(a)

The alteration or removal of a tree that is ESHA pursuant to Section 8178-2.4.1 shall only be permitted when:

(1)

The tree poses an imminent hazard to life or property and there is no feasible alternative to ensure public health and safety (see Section 8178-7.5.4); or

(2)

Tree alteration or removal is necessary to allow a new principal use that is the minimum necessary to provide an economically beneficial use of the property (see Sections 8178-7.4.1 and 8178-2.5.3); or

(3)

Removal or alteration of the tree is a necessary component of an approved ESHA Mitigation Plan, Monarch overwintering roost habitat management plan (Section 8178-2.10.7(d)), or ESHA Vegetation Management Plan.

(4)

There is no current or historical evidence or knowledge that the tree is used by the following: 1) nesting raptors; or 2) as a denning site for mountain lions, bobcats, coyotes, or other special status species; or 3) it functions as a colonial roost/breeding site (see Sections 8178-2.4.1 and 8178-2.7.8(a)).

(5)

A dead tree classified as ESHA shall not be removed unless it poses a hazard to persons or property that cannot be remedied through other means or alterations.

(b)

Except as authorized pursuant to Section 8178-7.5, removal of a protected tree shall not be deemed necessary when a feasible alternative development plan exists that does not require the removal of the protected tree.

(c)

The alteration of a protected tree that is not classified as ESHA shall only be permitted for pruning to maintain the health and structure of the tree or for one (1) or more of the following reasons:

(1)

Is required to provide necessary access to development approved in a Planned Development Permit;

(2)

Is required to allow the development of a principal permitted use or structure at a particular location, and is the minimum area necessary to provide a economically beneficial use of the property, as evidenced through an alternatives analysis;

(3)

Is required to allow the construction of a second dwelling unit, provided that the tree is classified only as a heritage tree.

(4)

Is required to establish the mandatory fuel modification zone for new development where no feasible alternative location for the development exists; or

(5)

The tree is dead, diseased or poses a danger to healthy trees in the immediate vicinity, or is in a condition that poses a hazard to persons or property that cannot be remedied through other means or alterations. In these circumstances, a qualified tree consultant shall verify the status and health of the tree and provide recommendations and evaluation of alternatives for restoring the health of the tree where feasible.

(d)

Timing.

(1)

Bird Breeding and Nesting. To safeguard protected trees that may provide habitat for breeding and nesting birds protected by the Fish and Game Code, the Bald and Golden Eagle Protection Act, and the Migratory Bird Treaty Act, all tree removal and tree alteration is prohibited during the bird breeding and nesting season (January 1 to September 15) unless the Planning Director, in consultation with a qualified tree consultant, determines that the tree poses an imminent hazard to life or property. This prohibition may also be waived when a bird survey is conducted pursuant to Section 8178-7.7.4.1.1 and evidence of active breeding or nesting birds is not discovered within the project site. Any evidence that the tree(s) are used by nesting raptors or function as a colonial roost/nesting site is discovered or known, then the tree may only be removed or altered pursuant to Section 8178-7.4.1(b). Any discretionary action approved, pursuant to this section, for tree alteration or removal during the bird breeding and nesting season shall be conditioned to require a bird survey no more than three (3) days prior to commencement of the approved work to confirm that no bird breeding or nesting activity is present.

(2)

Monarch Butterfly. To safeguard protected trees used as a monarch butterfly overwintering habitat (Section 8178-2.7.8), two (2) roost surveys for subject trees shall be conducted by two (2) different independent qualified biologists during the October—March period (see Appendix E1, Section AE-1.3.2(g)).

(e)

If the Planning Director determines, based upon substantial evidence, that the removal or alteration of a protected tree may result in unintentional damage to existing development including but not limited to utilities, buildings, other protected trees, or ESHA, a qualified tree service company or qualified tree trimmer shall be retained to alter or remove the protected tree.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4520, § 5, 2-27-2018; Ord. No. 4586, 10-19-2021)

The tree protected zone is the area that encompasses the above-ground portion of the protected tree as well as the area in which a critical amount of the tree's roots may be found. To avoid damage to a protected tree's roots, the calculation noted in (a) below shall be performed for all protected trees where the tree canopy is within twenty (20) feet of areas proposed to be disturbed, including disturbance associated with fuel

modification. The Planning Director may increase the 20-foot distance from disturbed areas where necessary to ensure that protected tree zones are calculated for all protected trees that could potentially be damaged by new development. The tree protected zone calculation shall be based on a surveyed map or site plan of the canopy of each protected tree.

(a)

The tree protected zone shall be calculated using one of the following methods. The calculation that provides the largest area of protection shall constitute the tree protected zone, and shall be depicted on a site plan.

_____

1.

Draw a circle around the tree that is no less than fifteen (15) feet from the trunk of the protected tree;

(2)

Multiply the tree's diameter in inches by one and a half (1.5) feet (i.e., one inch equals one and a half feet). For example, if a tree's diameter at a height of four and one-half (4.5) feet above existing grade is eleven (11) inches, the tree protected zone would be sixteen and one-half (16.5) feet from the trunk of the protected tree; or

(3)

Draw a circle that extends a minimum five (5) feet outside the edge of the protected tree's dripline.

==> picture [268 x 122] intentionally omitted <==

Example of Tree Protected Zone

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(Ord. No. 4492, § 6, 6-21-2016)

8178-7.4.4 - Project construction standards.

(a)

Construction impacts to protected trees shall be avoided. Before the commencement of any clearing, grading, ground disturbance, or other construction activities, erosion control and tree protection measures shall be installed including but not limited to protective fencing at the edge of the tree protected zone of each protected tree.

(b)

For trees with an active raptor nest or colonial breeding sites, which are classified as ESHA, a buffer zone shall be provided during construction that is no less than five hundred (500) feet. For all other active bird nests, the buffer zone shall be no less than three hundred (300) feet. The required buffer zone shall be provided during construction until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. If the required buffer zone cannot be achieved, the maximum setback shall be provided and construction activities that occur within the required buffer zone shall be monitored by a qualified biologist or ornithologist to detect any breeding or nesting behavior. In the event nesting birds are encountered, construction shall be halted in the area of the nest until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. A weekly report shall be submitted to the Planning Division that discloses the findings of the observations conducted for that time period. The buffer zone shall be designated by protective fencing. For other buffer zone requirements for trees classified as ESHA, see Sections 81782.4.4.1, 8178-2.6.13, 8178-2.7.6, and 8178-2.6.7.

(c)

No ground disturbances, grading, trenching, construction activities, or structural development shall occur within the tree protected zone or buffer zone except where it may be allowed pursuant to Sections 8178-7.4.1 or 8178-7.4.2; consistent with the standards of this Sections 8178-7 or 8178-2; and as specifically authorized by the permit and the approved Tree Protection, Planting, and Monitoring Plan, ESHA Vegetation Management Plan or ESHA Mitigation Plan.

(d)

Any approved development (e.g., paving, or the installation of fence posts), including grading or excavation (e.g., utility trench) that encroaches into the tree's protected zone shall be constructed using only hand-held tools.

(e)

If disturbance is permitted within the tree protected zone or buffer, a qualified biologist shall monitor the temporary disturbance and fencing shall be temporarily modified to allow work to be completed. Fencing shall remain in place until all construction and grading activities have ceased.

(f)

Construction equipment storage and staging areas shall be located outside of the fencing area or buffer zone described above, and graphically depicted on approved site, grading, and building plans.

(g)

Unless the activity is conducted in accordance with Sections 8178-7.4.1 and 8178-7.4.2 and is specifically authorized by the development's land use permit, the burning, application of toxic substances, overwatering, storing materials, operating machinery, or any other disturbance within the tree protected zone or buffer, is prohibited. Refer to Section 8178-2.8, for requirements associated with the application of pesticides.

(h)

Prior to earth disturbing activities, project construction standards and any additional recommendations in the approved Tree Protection, Planting, and Monitoring Plan, ESHA Vegetation Management Plan, or ESHA Mitigation Plan shall be implemented.

See Section 8178-2.6.13(f) for standards to minimize invasive or invasive watch list plant species in ESHA and buffer zone.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

(a)

A tree permit is required for the alteration, transplantation, or removal of a tree unless exempt from a permit pursuant to Section 8178-7.5.3. There are three (3) types of tree permits: a Planned Development Permit (see Section 8178-7.5.1), Zoning Clearance (see Section 8178-7.5.2), and an Emergency Coastal Development Permit (see Sections 8178-7.5.4 and 8181-3.7).

(b)

If tree alteration, removal, or transplantation, is part of a development requiring a discretionary permit, then the tree permit application and approval process shall accompany the development project that requires a discretionary permit.

(c)

If a person applies for a permit to alter or remove a tree located in an area subject to state or federal regulations (e.g., Fish and Game Code or Clean Water Act) that are more stringent than the regulations set forth in this Section 8178-7, the stricter requirements shall prevail in establishing the conditions of approval for that permit.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

No person shall remove, alter, or transplant a protected tree without obtaining a Planning Director approved Planned Development Permit, unless it is exempt from a permit (pursuant to Section 8178-7.5.3) or requires only a Zoning Clearance (pursuant to Section 8178-7.5.2) or Emergency Coastal Development Permit (see Section 8178-7.5.4). A Planned Development Permit is required to remove, alter, or transplant a protected tree classified as ESHA. A Planned Development Permit shall also be required for:

(a)

Post-Removal, -Alteration, or -Transplantation. A Planned Development Permit shall be required when a protected tree was removed, altered or transplanted without the required permit and/or a person seeks to remove the tree, roots or limbs from the lot.

(b)

Tree Alteration. A Planned Development Permit shall be required for the following types of alterations to a protected tree:

(1)

The alteration may compromise the health of the tree and results in a qualified tree consultant's recommendation for tree removal.

(2)

Encroachment into the Tree Protected Zone. Examples of encroachments include but are not limited to changing the existing grade, landscaping or irrigation, excavating for utilities or fence posts, or paving associated with driveways and streets.

(3)

Pruning of tree canopy greater than twenty (20) percent.

(c)

Emergency Tree Alteration or Removal. A Planned Development Permit shall be required following issuance of an Emergency Coastal Development Permit in accordance with Section 8178-7.5.4.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

(a)

A Planned Development Permit may be approved only when the applicable decision-maker makes one (1) or more of the following findings, as applicable:

(1)

The proposed project conforms to the development standards in Section 8178-7.4.

(2)

The proposed project is sited and designed to avoid the removal or transplantation of protected trees except as allowed by this Section 8178-7 and where no feasible alternative exists that would avoid or further minimize the removal, transplantation, or damage to protected trees.

(3)

To the maximum extent feasible, the proposed project is sited and designed to avoid any encroachment into the protected zone of a protected tree that would lead to the decline or death of the protected tree.

(4)

The adverse impact of tree removal, tree transplantation, or encroachment in the tree protected zone cannot be avoided because such impacts cannot be reduced or avoided through a feasible alternative.

(5)

All feasible mitigation measures that would substantially lessen any damage to protected trees were incorporated into the approved project through project design features or conditions of approval.

(6)

For trees classified as ESHA, the permit findings shall include those provided in Section 8181-3.5.3.

(b)

In addition to the required findings in subsection "a" above, one (1) or more of the following findings may be used to substantiate the reason for removal, transplantation, or encroachment of a protected tree:

(1)

A protected tree's continued existence in its present form or location denies reasonable access to the subject property or denies the development of the principal permitted use that is the minimum necessary to provide a reasonable economic use of the property.

(2)

The location of a protected tree prevents the continuation or safe operation of an existing utility service and there are no feasible alternatives that would eliminate or reduce the impacts.

(3)

The protected tree(s) proposed for removal has a debilitating disease or is in danger of falling, and such conditions cannot be remedied through preservation procedures and practices, and the tree(s) is located in an area where falling limbs or trunks would be a danger to persons or property (i.e., existing structures).

(4)

The alteration or removal of a protected tree is required for a public works project that entails the repair and/or maintenance of drainage devices and road-side slopes and is the minimum design necessary to protect existing public roads.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

A protected tree that was planted pursuant to a Tree Protection, Planting, and Monitoring Plan, a mitigation measure, or an approved landscape plan, and that is proposed to be removed due to its decline or death, may be substituted with an alternate species subject to the following:

(a)

The requested substitution is justified in writing by a qualified biologist and/or qualified tree consultant and fulfills the mitigation requirements or performance standards set forth by the original discretionary permit, and the monitoring and successful establishment of the substituted species is required by a permit condition.

(b)

An application for modification of the subject permit is filed in compliance with Section 8181-10.4.2.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

8178-7.5.2 - Zoning Clearance.

(a)

A person may alter or remove a non-native or invasive watch list species of tree with a Zoning Clearance when such actions occur outside the bird breeding and nesting season (January 1 to September 15), except when such trees are classified as an ESHA protected tree pursuant to Section 8178-7.3.1.

(b)

Overhead Utility Lines. Alteration of a protected tree, except when such trees are classified as an ESHA protected tree pursuant to Section 8178-7.3.1, below or adjacent to public overhead lines located in State Responsibility Areas (as mapped by the Department of Forestry and Fire Protection), where the primary financial responsibility for preventing and suppressing wildland fires rests with the State and when necessary to maintain existing overhead lines. Alteration shall be the minimum necessary to provide safe fire clearance.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

8178-7.5.2.1 - Zoning Clearance with inspection.

(a)

Development that encroaches less than ten (10) percent into a protected tree's tree protection zone that is not an ESHA protected tree (See Section 8178-7.3.1) may be permitted with a Zoning Clearance with inspection. A certified arborist or qualified tree consultant shall submit the following, in writing:

(1)

The purpose of the encroachment, degree of encroachment within the tree protected zone, recommendations to avoid and minimize potential impacts to tree roots during construction, in accordance with Section 81787.4.4, and a statement that the proposed encroachment is not expected to result in permanent damage to the protected tree.

(2)

In the event that the certified arborist or qualified tree consultant determines the proposed tree encroachment is below ten (10) percent but development has the potential to harm the protected tree, a Planned Development Permit shall be required in accordance with Section 8178-7.5.1.

(b)

Pruning of a protected tree's live limbs, provided such trimming does not endanger the life of the tree or result in an imbalance in structure, or remove more than twenty (20) percent of its tree canopy. Unless justification is provided in writing by a qualified tree consultant, removing a protected tree's branches larger than four (4) inches in diameter shall be prohibited.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

The alteration or removal of protected trees is only exempt from a permit under the following circumstances, and in accordance with Section 8178-7.4.2(a) and (d):

(a)

Commercial Tree Operations.

(1)

The removal or alteration of trees planted, grown, or held for sale by lawfully established nurseries and tree farms, or trees removed or transplanted from such a nursery as part of its operation.

(2)

In areas zoned Coastal Agricultural (CA), trees such as avocado, citrus, and nut bearing trees planted, grown, and presently harvested for commercial agricultural purposes. This does not include the alteration, transplanting, or removal of protected trees or their limbs that were not planted for agricultural purposes. Examples of generally accepted agricultural activities that do not require a permit include but are not limited to the following:

i.

Converting land planted with for mature avocado trees to grazing (animal husbandry) or crop production uses.

ii.

Replacement of mature lemon trees with young lemon trees.

iii.

Thinning of trees in an orchards to allow more vigorous growth and production on the part of the remaining trees.

iv.

Harvesting, planting, and tending crops and crop-type conversions (e.g., orchards to grapes, or lemon trees to avocado trees).

(b)

Minor Tree Alterations.

(1)

Fuel Modification Zone Maintenance. Maintenance of protected trees within the required fuel modification zone, including but not limited to alteration of a protected tree's live limbs to effectively manage fuels or to prevent the transmission of fire from native vegetation to a structure. See Section 8178-2.6.9 for maintenance requirements of retained ESHA protected trees within extended fuel modification zones.

(c)

Dead or Fallen Tree or Limb.

(1)

Any naturally fallen dead protected tree or dead limb that no longer exhibits the structural integrity of a healthy protected tree or limb and is determined to be a fire hazard by the Fire Department or is in danger of falling and threatening public safety, may be removed, unless that tree is classified as or located in ESHA. Naturally fallen dead trees located in ESHA shall not be removed unless that tree poses a serious nuisance (i.e., the tree blocks a primary access road) or the fallen tree poses an imminent threat to persons or property, and under such circumstances an emergency Coastal Development Permit is required. Artificial, mechanical, or human induced damage to a protected tree does not constitute a naturally fallen tree.

(2)

Removal of trees destroyed by natural disaster, or a catastrophic (sudden and complete) failure (vehicle accident, structure collapse, etc.).

(3)

Prior to tree removal or alteration, property owners are encouraged to submit documentation verifying the tree removal was exempt from a tree permit pursuant to Section 8178-7.7.1.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

(a)

An emergency, as defined in this Section 8178-7.5.4, is a sudden unexpected occurrence where a protected tree, because of its lack of structural integrity, demands immediate action to prevent or mitigate loss or damage to life, a significant loss of property, and where there is no feasible alternative to ensure public health and safety.

(b)

In an emergency situation, tree alteration or removal may proceed without first obtaining a tree permit and shall be limited to such actions that are necessary to address an imminent hazard to life, health, property or essential public services.

(c)

In an emergency situation, permit applications shall be made and processed in accordance with Section 81813.7. If the emergency Coastal Development Permit includes the alteration or removal of a protected tree classified as ESHA, then the following information shall be included with the permit:

(1)

Two (2) to four (4) colored photographs of the affected tree. The photos shall be taken from different vantage points, clearly illustrate the reason for the request to remove or alter the tree, and should identify the tree's location relative to nearby vegetation or landmarks;

(2)

Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of the affected tree(s), including any benchmarks that identify the tree location; and

(3)

A summary of the measures taken during the tree removal or alteration process to minimize adverse impacts on ESHA or buffer zones.

(d)

Within ninety (90) days following the issuance of an emergency Coastal Development Permit, a Planned Development Permit application for the emergency removal or alteration of a protected tree shall be submitted.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

To protect the ecological value and visual quality of protected trees, all appropriate and practicable steps shall be taken to avoid and minimize damage to protected trees consistent with the provisions of this Section 81787.6. The following mitigation measures to reduce damage to protected trees shall be undertaken in the following order:

(a)

Avoidance. Avoid direct and indirect impacts to protected trees through project siting and design. Adverse impacts to protected trees shall be avoided if there is a feasible alternative with less adverse impacts.

(b)

Onsite Mitigation. If damage to protected trees cannot be avoided, mitigation for the removal, alteration, or transplantation of a protected tree shall be in the form of transplanting or planting replacement trees on the same property where the protected trees were impacted.

(c)

Off-Site Mitigation. When avoidance or onsite mitigation is infeasible, all or in part, due to crowding or other physical constraints, transplanting or planting replacement trees may be allowed, all or in part, in an off-site location that contains suitable habitat that is sufficient in area to accommodate the numbers and required types of replacement trees. Off-site locations must be within the Ventura County coastal zone and, whenever feasible, within the same watershed in which the protected tree was removed.

(d)

In-lieu Fees. In special circumstances, required tree mitigation may be in the form of an in-lieu fee into the Planning Division's Tree Mitigation Fund. The Tree Mitigation Fund cannot be used as compensatory mitigation for protected trees classified as ESHA (see Section 8178-2.10). Special circumstances shall be limited to situations where no appropriate on- or off-site locations are identified for tree replacement (i.e., on- and off-site mitigation is infeasible), and such circumstances shall be confirmed by documented site characteristics or other evidence. Mitigation measures that include payment of in-lieu fees shall be approved by the Planning Director and administered as follows:

(1)

The County's Tree Mitigation Fund shall be the depository for all in-lieu fee payments.

(2)

The amount of the in-lieu fee shall be established by the Planning Division using the most current edition of the International Society of Arboriculture's "Guide to Plant Appraisal," which represents the cost to replace and install a tree of the same species and size as the protected tree being removed or encroached upon. The in-lieu fee shall also include an amount to cover the costs to maintain and monitor required replacement trees for a ten-year period.

(3)

The County Tree Mitigation Fund shall be used to plant protected trees at suitable sites in the coastal zone of unincorporated Ventura County and, if possible, within the same watershed as the protected tree(s) being removed. Suitable sites shall be limited to land restricted from development (public land, land owned by conservation organizations, or land subject to a conservation easement or equivalent legal instrument). Suitable sites shall also be limited to habitats that support the protected tree. Preference shall be given to sites zoned Coastal Open Space (COS), including but not limited to native tree woodland or savanna habitat areas, properties containing areas designated ESHA, or public parkland. Project funds may only be awarded to public agencies or conservation organizations. Projects selected may provide habitat restoration and shall, at a minimum, result in an equivalent number of as would occur through on-site or off-site mitigation.

(4)

No more than seven (7) percent of the in lieu fees collected may be used by the Planning Division to develop and implement appropriate programs for the above-described in-lieu mitigation measures.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

Where unavoidable adverse impacts to protected trees may result from development, including the alteration or removal of a protected tree, the impacts shall be mitigated in accordance with the following standards:

(a)

Trees classified as ESHA. Compensatory mitigation requirements for protected trees classified as ESHA (Section 8178-7.3.1) shall be mitigated in accordance with Section 8178-2.10. For individual trees removed through an Emergency Coastal Development Permit, impacts shall be mitigated at a 1:1 ratio or as required by the standards in this Section.

(b)

Native tree replacement shall occur as follows:

(1)

Native trees shall be replaced at a ratio of no less than ten (10) replacement native trees for every native protected tree removed and for any tree alteration that results in the loss or decline in health or vigor of a native

protected tree.

(2)

Seedlings shall be grown from acorns collected from the same watershed the protected tree was removed from, or from nursery stock grown from locally-sourced acorns.

(3)

Naturally occurring native tree seedlings or saplings that have trunks less than three (3) inches at four and onehalf (4.5) feet above existing grade, growing on the same lot as the removed tree may be counted as offset replacement trees. Seedlings/saplings shall be boxed for future planting and/or protected in place as shown on the approved Tree Protection, Planting, and Monitoring Plan.

(4)

When available, replacement planting locations shall be selected that provide supportive habitat (i.e., habitat characteristics similar to those found in riparian and valley/foothill woodland habitat) for the replacement trees.

(c)

Historic Trees. Mitigation for the removal of a historic tree shall be determined by the Planning Director in consultation with the Cultural Heritage Board.

(d)

Heritage Trees. Mitigation for the removal of a heritage tree shall be determined by the following:

(1)

If the heritage tree (or grove of trees) is not an invasive or invasive watch list plant tree species and is located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include: 1) the planting of replacement trees of the same species on a 1:1 ratio; 2) the size of the replacement tree shall be comparable to the tree(s) being removed; and 3) the replacement tree(s) shall be planted in location that is close to where the heritage tree(s) was removed.

(2)

If a heritage tree is not located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include the planting of replacement native trees on a 1:1 ratio.

(e)

Transplanted Protected Trees. In the event that a transplanted tree dies during the required ten-year monitoring period, or the tree health is poor or declining during the monitoring period, replacement trees shall be planted pursuant to Section 8178-7.6.1(a) above.

(f)

Encroachment into the Tree Protected Zone. When permitted development results in encroachment within the tree protected zone, potential impacts shall be mitigated in accordance with the following standards:

(g)

Emergency Tree Alteration or Removal. If an Emergency Coastal Development Permit is issued for the alteration or removal of a protected tree, the follow-up Planned Development Permit shall include corrective measures to restore and stabilize the disturbed areas after the tree has been removed in accordance with a Tree Protection, Planting, and Monitoring Plan for a non-ESHA protected tree or an ESHA Mitigation Plan for an ESHA protected tree. Alternatively, non-ESHA areas may be restored or stabilized through the application of mulch, pheromone traps or insecticides in accordance with a Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4(d). The requirements for mitigating the loss of the protected tree shall be waived unless the following applies:

(1)

Tree replacement shall be at a 1:1 ratio for the emergency removal of a protected tree that is required by an approved ESHA Mitigation Plan, or Tree Protection, Planting, and Monitoring Plan.

(Ord. No. 4492, § 6, 6-21-2016; Ord. No. 4586, 10-19-2021)

8178-7.7 - Tree Permit application requirements. 8178-7.7.1 - Exemptions.

No permit application is required if the proposed tree alteration or removal is exempt from the requirements for a tree permit pursuant to Section 8178-7.5.3.c., Dead or Fallen Tree or Limb. However, to verify that tree alteration or removal was authorized by Section 8178-7.5.3.c., prior to alteration or removal of the protected tree or immediately following a natural disaster or catastrophic failure that caused the protected tree or limb to fall down, the property owner should submit the following:

a.

Two (2) to four (4) colored photographs of the affected tree. The photos should be taken from different vantage points, clearly illustrate the reason for the request to remove the fallen protected tree or limbs, and should identify the tree's location relative to nearby vegetation or landmarks; and

b.

Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of the affected tree(s). The Site Sketch or Plan shall illustrate existing development, access, or any other identifying benchmarks to identify where the natural disaster occurred, if applicable.

c.

No application fee is required.

(Ord. No. 4492, § 6, 6-21-2016)

A Zoning Clearance tree permit application shall be filed with the Planning Division for tree alteration and removal in accordance with Section 8178-7.5.2 and Section 8178-7.5.2.1. Zoning Clearance applications shall contain the following information and materials:

a.

Two (2) to four (4) colored photographs of the affected tree proposed to be altered or removed. The photos should be taken from different vantage points, clearly illustrate the reason for the request, and should identify the tree's location relative to nearby vegetation or landmarks.

b.

Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of trees to be removed or altered. The Site Sketch or Plan shall include existing development, access, location of protected trees in relation to site improvements, and identification of trees to be altered or removed. If tree removal or alteration is proposed because a tree interferes with an existing sewer line or structure, then the sewer line or structural interference/obstruction shall be shown and labeled on the Site Sketch or Plan. The project plans shall also indicate the tree protected zones for all protected trees and any proposed encroachments.

c.

Compliance with Section 8178-7.7.4.1.1 and the requirement for a bird survey if tree alteration or removal is proposed during the bird breeding and nesting season (January 1 to September 15).

d.

Arborist verification form, provided by the Planning Division, that includes written confirmation from a qualified biologist, certified arborist or qualified tree consultant that the basic tree information and site conditions described in the application form are correct.

e.

If necessary, other information will be requested by the Planning Division to determine compliance with this Chapter.

(Ord. No. 4492, § 6, 6-21-2016)

A tree permit application shall be filed with the Planning Division in accordance with Section 8181-5 to alter a protected tree. Zoning Clearance with inspection applications shall contain the following information and materials:

a.

Application. All items required for a Zoning Clearance permit application (see Section 8178-7.7.2 above, items a-e).

b.

Inspection. A standard condition shall be included in the Zoning Clearance stating that a final inspection will be conducted by the Planning Director's designee following approval of the Zoning Clearance to verify that protected tree alterations are consistent with the approved permit.

c.

Non-Compliance. If the protected tree alteration is not in compliance with the approved permit, then a qualified tree consultant shall describe, in writing, required corrective measures that include, but are not limited to, a Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4.d.

(Ord. No. 4492, § 6, 6-21-2016)

A tree permit application shall be filed with the Planning Division in accordance with Section 8181-5 and signed by the applicant or authorized agent. A Planned Development Permit application shall include the following:

(a)

Application. All items required for a Zoning Clearance permit application (see Section 8178-7.7.2 above, items (a)—(e)).

(b)

Tree Transplantation Specifications. For protected trees proposed to be transplanted, the applicant shall submit a written evaluation by a qualified tree consultant that includes but is not limited to the location of roots, limits of disturbance, pre-removal treatments and care, and safety measures, to ensure the method used to transplant the affected tree will not cause the death of the tree.

(c)

Tree Survey. A Tree Survey shall be submitted for the following: (1) If a protected tree is proposed to be removed or transplanted; (2) If construction or grading activities occur within a tree protected zone (see Section 8178-7.4.4); and (3) If new development requires alteration or removal of a protected tree or where any new development is proposed within a tree protected zone.

If a tree survey is required, it shall be prepared by a qualified biologist, certified arborist, or qualified tree consultant, and include the following:

(1)

Contact Information. Names, phone numbers and addresses of the property owner, applicant, and project consultants, and the street address and Assessor Parcel Number (APN) of the project site.

(2)

Background and Project Information. A description of the physical characteristics of the project site including topography, adjacent land uses, existing and proposed development, construction methods, timing and sequence of development activities, construction storage and staging areas, etc.

(3)

Site Observations. A summary of the proposed survey method including but not limited to the date and time the survey was conducted, extent of any unpermitted protected tree alterations or removal (if applicable), evidence or knowledge of breeding, denning, or roosting by special status species, areas of potential sensitivity that may influence how the proposed tree removal or alteration would be conducted (e.g., butterfly roosting site, previous raptor nesting site, creeks and streams, wetlands or oak woodlands).

(4)

An inventory and assessment of the health of all protected trees on the site.

(5)

A Site Sketch or Plan, drawn to scale with north arrow and bar scale, that provides the following information:

a.

The identification of trees proposed to be altered or removed by the project, as well as the location and dimension of nearby development (buildings, other structures, access roads, utilities, etc.).

b.

Any proposed change in grade within the tree protected zone, shown at two-foot or less contour intervals.

c.

Identification of tree species, location, trunk size, and surveyed extent of tree canopy of all protected trees.

d.

Depiction of the tree protected zone for protected trees and identification of areas where proposed development encroaches into the tree protected zone.

e.

Identification of trees to be transplanted and location of receiving site.

The information above may be provided separately or added to the site sketch or plan submitted for the permit application.

(6)

If necessary, additional information may be requested by the Planning Division to determine compliance with this Chapter.

(d)

A Tree Protection, Planting, and Monitoring Plan. A Tree Protection, Planting, and Monitoring Plan shall be prepared in the event that a protected tree is proposed for removal, alteration, or encroachment and replacement trees will be required or relocation of a protected tree. The Tree Protection, Planting, and Monitoring Plan shall be submitted prior to approval of the Planned Development Permit and shall include the following information:

(1)

Recommendations for onsite or off-site mitigation measures.

(2)

A requirement for a bird nesting survey to be conducted pursuant to Section 8178-7.7.4.1.1 no more than three (3) days prior to earth disturbing and/or construction activities unless such activities are conducted outside the bird nesting season (January 1 through September 15).

(3)

Identification of the work area limits where tree alteration or removal will occur, including a requirement that prior to tree alteration or removal activities, flagging and stakes or construction fencing will be installed that define a boundary that contains all tree alteration or removal activities.

(4)

Replacement Trees. The species and number of replacement trees to be planted as mitigation for the removal of protected trees.

(5)

Replacement tree locations.

(6)

Identification of protected trees to be transplanted and the receiving site.

(7)

Planting specifications for transplanted and replacement trees.

(8)

Tree Care. Recommendations for existing trees during construction including but not limited to pruning, irrigation, aeration, and mulching.

(9)

A monitoring program pursuant to Section 8178-7.7.4(d) described above.

(10)

Any other measures deemed necessary to protect, replace, or otherwise mitigate impacts associated with the proposed alteration or removal of protected trees.

(11)

If necessary, additional information will be requested by the Planning Division to determine compliance with this Chapter.

(12)

Any changes to an approved Tree Protection, Planting, and Monitoring Plan shall only be approved in accordance with Section 8181-10.4.2.

(e)

Agricultural Commissioner Verification. If removal of one (1) or more protected trees in a tree row presently serving commercial crop production is proposed, the Agricultural Commissioner shall verify in writing that the proposed action will not increase the potential for loss of agricultural soils due to increased wind erosion. If the Agricultural Commissioner determines the tree removal will result in the loss of agricultural soils, a Planned Development Permit pursuant to Section 8178-7.5.1 shall be required.

(f)

Farm Plan. If a protected tree is removed for the purpose of expanding existing or the establishment of new crop production, a farm plan shall be prepared.

(g)

Structure or Sewer Line Verifications.

(1)

Structure. If a protected tree is proposed to be altered or removed because the tree interferes with an existing structure (e.g., a sidewalk or house foundation), then the applicant must submit written verification from a licensed structural engineer or licensed building contractor that the alteration of the tree(s) is necessary to avoid structural damage. Verification must be submitted, and must include the engineer or contractor's license number and contact information, the parcel address, and a brief description of the tree, its location, the nature of the interference or obstruction, and alternatives available to avoid tree removal or alteration.

(2)

Private Sewer Line. If a protected tree is proposed to be altered or removed because a tree interferes with an existing sewer line, the necessity of the proposed action, and alternatives available to avoid tree removal or alteration must be verified by a qualified plumbing contractor, sewer service provider, or other qualified professional approved by the Planning Director.

(Ord. No. 4586, 10-19-2021)

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 4586, adopted Oct. 19, 2021, amended Sec. 8178-7.7.4 in its entirety to read as herein set out. Former Sec. 8178-7.7.4, §§ 8178-7.7.4.1—8178-7.7.4.1.4, pertained to similar subject matter, and derived from Ord. No. 4492, § 6, adopted June 21, 2016.

Following the approval of a Planned Development Permit, the applicant shall obtain Zoning Clearance pursuant to Section 8181-3.1. Such Zoning Clearance application shall include the following:

(Ord. No. 4586, 10-19-2021)

If tree alteration, transplantation, or removal occurs during the bird nesting season (January 1 through September 15), the permittee shall provide a Bird Nesting Survey Report that includes, but is not limited to, a schedule for breeding and nesting bird surveys and construction protocols. The bird breeding and nesting protocol shall conform to the following:

(a)

A qualified biologist or ornithologist shall perform an initial breeding and nesting bird survey thirty (30) days prior to the initiation of construction or tree modification activities. The project site must continue to be surveyed on a weekly basis with the last survey completed no more than three (3) days prior to the initiation, or re-initiation, of construction or tree modification activities.

(b)

All trees to be altered or removed and areas three hundred (300) feet from these trees (or five hundred (500) feet for active raptor nests), shall be surveyed for bird breeding and nesting behaviors, herein called the "survey area."

(c)

The qualified biologist or ornithologist shall walk the entire "survey area" to determine if juveniles are present and, if they have fledged any nests, evaluate whether any adults appear to be starting a new clutch (preparing to mate and lay eggs).

(d)

After inspecting all trees for active nests in the specific area scheduled for tree alterations or removal, the qualified biologist or ornithologist shall identify those trees containing active nests with temporary fencing, caution tape, flags, ribbons, or stakes.

(e)

The qualified biologist or ornithologist shall prepare a Bird Nesting Survey Report that includes but is not limited to the following:

(1)

The results of the initial nesting bird survey and a plan for continued surveys.

(2)

Protocols and methods that will be implemented to avoid and minimize impacts to nesting birds including establishment of mandatory setback areas during construction of the project.

(f)

The qualified biologist or ornithologist shall conduct a pre-construction meeting, to be held no more than three (3) days prior to the initiation of tree altering or removal, to instruct the qualified tree trimmer and permittee to avoid disturbing all trees within the "survey area" during scheduled tree alterations or removal.

(g)

In the event the qualified tree trimmer discovers an active nest (eggs, nest construction, other evidence of breeding) not previously identified by the project's qualified biologist or ornithologist, the qualified tree trimmer shall immediately cease all alteration or removal activities in that area of operation and notify both the qualified biologist or ornithologist and the Planning Division. Thereafter, the qualified biologist or ornithologist must perform re-inspection of the tree containing an active nest following the procedures described in this Section.

(h)

If active nests are found, construction or tree modification activities within the relevant setback area (i.e., the 500-foot setback for raptors and 300-foot setback for all other birds as described in Section 8178-7.7.4.1.1(b), above) shall be postponed or halted. If tree alteration or removal activities must be performed within three hundred (300) feet of a tree with an active nest five hundred (500) feet in the case of an active raptor nest) due to an imminent threat to persons or property, the work must be performed with hand tools.

(i)

Construction activities may commence, or re-commence, in the relevant setback area (i.e., the 500-foot setback for raptors or colonial breeding sites and 300-foot setback for all other birds as described in Section 8178-7.7.4.1.1(b), above) when the nest is vacated (juveniles have fledged) provided that there is no evidence of a second attempt at nesting, as determined by the County-approved biologist.

(j)

Inactive/unoccupied nests may be removed only after a qualified biologist or ornithologist documents and photographs the occurrence and confirms that the nests are inactive and unoccupied. Copies of photographs and reports shall be filed with the Planning Division.

(Ord. No. 4586, 10-19-2021)

8178-7.7.4.1.2 - Monarch butterfly and other special status species surveys.

If tree alteration, transplantation, or removal is proposed during the monarch butterfly overwintering season (October 1 through March 31), the Permittee shall provide a Monarch Butterfly Survey Report that conforms to the requirements of Sections 8178-2.7.8, 8178-2.10.7(d) and Appendix E1, Section AE-1.3.2(g). See Section

8178-2.6.13(g) for construction and removal requirements associated with special status species in ESHA protected trees pursuant to Section 8178-7.4.2.

(Ord. No. 4586, 10-19-2021)

8178-7.7.4.1.3 - In-lieu fee.

If an in-lieu fee is approved as part of a Planned Development Permit, the permittee shall submit payment of the in-lieu fee in accordance with Section 8178-7.6(d). Payment shall be made by certified or cashier's check.

(Ord. No. 4586, 10-19-2021)

8178-7.7.4.1.4 - Contract for services.

The permittee shall provide a copy of a signed contract (financial information redacted) for the following services:

(a)

The preparation and implementation of a Bird Nesting Survey and Report by a qualified biologist or ornithologist including any monitoring of any active/occupied nests discovered.

(b)

Tree alteration, transplantation or removal by a qualified tree service company or qualified tree trimmer that includes but is not limited to: qualifications of the individuals responsible for conducting the work to be performed; scope of work; tree removal and alteration specifications; and schedule.

(c)

The preparation and implementation of a Monarch Overwintering Survey and report by a qualified biologist (see Appendix E1 and Section 8178-2.10.7(d)).

(Ord. No. 4586, 10-19-2021)

As set forth in the conditions of the discretionary entitlement for the project requiring the submittal of a Tree Protection, Planting, and Monitoring Plan, the permittee shall submit Annual Monitoring Reports in accordance with the following.

a.

An Annual Monitoring Report shall be prepared by a qualified tree consultant to ensure replacement trees are healthy and growing normally and procedures for periodic monitoring and implementation of corrective measures are implemented in the event that the health of a replacement or transplanted tree declines. Monitoring shall be required for the following:

1.

Replacement trees required to mitigate for the removal of a protected tree including volunteer native tree saplings counted as mitigation.

Protected trees that have been transplanted.

b.

Monitoring shall be performed by a qualified tree consultant and include but not be limited to the following inspections:

1.

During grading and construction, the qualified tree consultant shall confirm tree project construction standards pursuant to Section 8178-7.4.4 are implemented and if necessary require immediate corrective action where standards are not being met.

2.

Prior to final inspection by the Building and Safety Division, or prior to the Zoning Clearance expiration date, a site inspection shall be conducted by the Planning Division and the qualified tree consultant to verify that all replacement or transplanted trees were installed per the approved Tree Protection, Planting, and Monitoring Plan.

3.

As needed inspections to evaluate compliance with the health performance targets in the approved Tree Protection, Planting, and Monitoring Plan.

c.

Monitoring reports shall be submitted annually to the Planning Division for a minimum ten (10) year monitoring period that demonstrates the continued viability of native tree seedlings/saplings and/or native replacement trees.

d.

For replacement trees that have not successfully been established the annual monitoring report as required (or intervening report) shall provide recommendations from a qualified tree consultant that include but are not limited to the application of soil amendments, insecticides or other treatment, or planting alternate trees in the same or new locations, if necessary. The conditions of approval for the permit shall not be met until all replacement trees are capable of surviving without artificial inputs, the need for physical protection measures and supplemental watering; however, in no case shall the monitoring period be less than the monitoring period pursuant to Section 8178-7.7.5.c. above.

e.

No additional monitoring reports are required if, at the end of the ten (10) year monitoring period, and after a final inspection is conducted by the Planning Division, the following findings are made:

1.

The replacement or transplanted protected trees are in good health as documented in the monitoring report by the qualified tree consultant,

2.

All protected trees are capable of surviving without artificial inputs, physical protection measures, or supplemental watering; and

3.

The applicant has satisfied the tree mitigation conditions of the permit.

f.

The annual report shall be submitted for review and approval by the Planning Division and maintained on file as public information.

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.7.6 - Encroachment permit.

a.

Street Tree Removal at County Public Works Agency Request. If the Public Works Agency issues a written notice to a property owner to prune or remove a street tree and/or repair an existing sidewalk, the property owner shall have ninety (90) days from the date of the Public Works Agency's written notice to obtain an encroachment permit from County Public Works Agency to complete the required repairs.

b.

Street Tree Removal at Property Owner's Request. If a property owner proposes to remove a street tree, the property owner will be responsible for obtaining an encroachment permit from the Public Works Agency prior to removing the street tree.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8 - Water efficient landscaping requirements.

The purposes of the landscaping and screening requirements of Section 8178-8 are to:

a.

Provide Visual Relief and Integration. Landscaping enhances the aesthetic quality of the built environment, adding visual interest to blank facades, expanses of pavement, vehicular transportation corridors, and other potentially barren areas. Required landscaping also helps integrate large-scale buildings and other incompatible features into the surrounding community or natural setting.

b.

Screen undesirable public views and separate incompatible land uses. Landscaping reduces the impact of development by screening equipment, service and storage areas, glare, trash enclosures, parking areas, and other uses or features that visually detract from, or are incompatible with, surrounding development.

c.

Shade Buildings and Pavement. Landscaping provides shade for buildings and large areas of pavement, which reduces heat gain within buildings or atmospheric heating from paving. Landscaping helps create comfortable conditions where people live, work, park vehicles, walk, or use outdoor spaces.

d.

Support Public Health. Landscaping is used to define and enhance public and private recreational areas, and to enhance pathways used for pedestrian circulation. The availability of recreational areas and public trails contribute to overall public health.

e.

Retain and Treat Stormwater. Landscaping can provide stormwater retention and treatment when adequate site conditions are present.

f.

Support Ecosystem Functions. Landscaping can provide a plant palette that includes climate-appropriate native trees and plants characteristic of the diverse coastal areas of Ventura County and that provide habitat for wildlife.

g.

Stabilize Slopes and Control Erosion. Landscape plants can stabilize soils to limit erosion.

h.

Use Water Efficiently. New or updated landscaping helps minimize wasted water through water-efficient design.

i.

Implement the California Model Water Efficient Landscape Ordinance, set forth at Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations.

(Ord. No. 4492, § 6, 6-21-2016)