8184-5 - Submittal to Coastal Commission.

All amendments to the certified LCP approved by the Board of Supervisors must be reviewed and approved by the Coastal Commission.

(Ord. No. 4451, § 9, 12-11-2012)

All of the following shall be submitted to the Coastal Commission for an amendment:

(a)

A Board of Supervisors resolution that states that the amendment is intended to be carried out in accordance with the Coastal Act and the certified LCP. The resolution must state that the amendment will either:

(1)

Take effect automatically upon Coastal Commission approval, or

(2)

Require formal County adoption after Coastal Commission approval.

The resolution shall be accompanied by an exact copy of the adopted amendment.

(b)

A summary of the measures taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP amendment process, a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP amendment; and copies or summaries of significant comments received and of the local government response to the comments.

(c)

All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal

Act. Written documents should be readily reproducible.

(d)

A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.

(e)

An analysis that demonstrates the amendment's conformity with the requirements of Chapter 6 of the Coastal Act (beginning with Section 30500).

(f)

Any environmental review documents, pursuant to the California Environmental Quality Act, required for all or any portion of the amendment to the LCP.

(g)

An indication of the zoning measures that will be used to carry out the amendment to the LCP Land Use Plan (unless submitted at the same time as the amendment to the Land Use Plan).

(Ord. No. 4451, § 9, 12-11-2012)

After the Coastal Commission, in accordance with its own regulations, reviews and takes action on an amendment request submitted by the County, the Commission will transmit its decision to the County after such review. The Board of Supervisors must acknowledge receipt of the Coastal Commission's resolution, including any terms and conditions; accept and agree to any such terms and conditions; and take whatever formal action is required to satisfy those terms and conditions. If the Board does not agree to the Coastal Commission's terms and conditions, the following options are available to the County:

(a)

Resubmit the request with additional reasons or evidence to indicate why such terms and conditions are unnecessary.

(b)

Modify the amendment request in such a manner as to render the terms and conditions unnecessary, and resubmit if appropriate.

(c)

Propose alternative terms and conditions that still meet the Coastal Commission's intent.

(d)

Withdraw the request.

(Ord. No. 4451, § 9, 12-11-2012)

An amendment of the Coastal Zoning Ordinance shall not:

(a)

Alter an approved Categorical Exclusion Order;

(b)

Authorize the exclusion of any category of development not excluded by a Categorical Exclusion Order; or

(c)

Alter the geographic boundaries of the exclusion areas.

In the event an amendment of the Coastal Zoning Ordinance is certified by the Coastal Commission, development shall comply with the amended Ordinance, except where the terms and conditions of an approved Categorical Exclusion Order specify more restrictive development criteria. In such cases the Categorical Exclusion Order shall prevail.

(Ord. No. 4451, § 9, 12-11-2012)

8184-6 - Partial amendment history.

LCP Amendment No. 1-2007 to the LCP changed a portion of land, not to exceed 2.9 acres in size, designated Coastal Commercial in the South Coast Area to a residential designation. To offset the change to a lower priority land use designation, the Coastal Area Plan (LUP) requires a payment of a fee by the project proponent. The mitigation fee shall be used for the provision of lower cost overnight visitor serving accommodations providing new lower cost overnight accommodations within the Coastal Zone of Ventura County, the Santa Monica Mountains (Ventura and Los Angeles Counties), or the City of Malibu. The mitigation fee shall be in the amount of five hundred fifty seven thousand eighty four dollars ($557,084.00) to offset the loss of the priority land use in the South Coast Area.

(Add. Ord. 4391—9/23/08)

APPENDIX T1. - TREE REMOVAL, ALTERATION, AND PLANTING STANDARDS

A.1 - Introduction.

The following standards set forth acceptable methods for protected tree removal, alteration and planting. All standards must be used in conjunction with Section 8178-8 of the Ventura County Coastal Zoning Ordinance, and discretionary permit applications shall be consistent with these standards.

Policy A.2(2) of the Coastal Area Plan specifically defines "protected trees" to include trees that are ESHA (or that contribute to ESHA), native, historical, and heritage trees. For a list of representative native, non-native, and invasive trees, see B1. Except for minor pruning practices, the alteration, transplantation, or removal of a protected tree or the encroachment into the protected zone of a protected tree generally requires a tree permit. Consult the Tree Protection provisions of the Coastal Zoning Ordinance or the Planning Division to determine the types of tree modifications that require a tree permit.

The practices set forth in this Appendix are consistent with the pruning guidelines and Best Management Practices adopted by the International Society of Arboriculture (ISA), the American National Standard for Tree

Care Operations—Tree, Shrub, and Other Woody Plant Maintenance-Standard Practices ANSI A300 (Part 1) 2001 Pruning, ISA ANSI A300 1995, the U.S. Forest Service, and the National Arbor Day Foundation. The County of Ventura promotes these guidelines as the expected level of care for all trees. Property owners are strongly encouraged to adhere to these pruning guidelines and seek additional advice from qualified tree consultants if conflicts or questions arise.

(Ord. No. 4492, § 9, 6-21-2016)

A.2 - Safety.

a.

Tree removal, alteration, and maintenance should be performed by qualified tree trimmers under the supervision of an arborist, who through related training and on the job experience, are familiar with the practices and hazards of arboriculture and the equipment used in such operations.

A good rule of thumb is that if you have to leave the ground, even on a ladder, to prune your tree, you should hire a professional.

b.

Pursuant to Section 8178-7.4(e)(2), if the Planning Director determines, based upon substantial evidence, that the alteration or removal of a protected tree may result in unintentional damage to existing development including but not limited to utilities, buildings, protected trees, or ESHA, a qualified tree service company or qualified tree trimmer shall be retained to alter or remove protected trees.

(Ord. No. 4492, § 9, 6-21-2016)

A.3 - When to Prune or Remove a Tree.

Protected Tree alteration or removal is prohibited during the bird breeding and nesting season (January 1 to September 15), except in very limited circumstances. See Coastal Zoning Ordinance Article 4 Secs. 8178-7.5.1 (General Permit Requirements) and 8178-7.7.4.1.1 (Bird Nesting Surveys).

(Ord. No. 4492, § 9, 6-21-2016)

A.4 - Protected Tree Transplantation.

Transplanted protected trees are subject to the following:

a.

A qualified tree service company shall perform tree transplantation for all protected trees;

b.

The applicant must demonstrate that trees transplanted will be properly cared for per industry standards;

c.

The tree survives for a period of 10 years; and

d.

If the transplanted native tree dies or suffers declining health or vigor, the Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4(d) shall be amended to include replacement trees.

(Ord. No. 4492, § 9, 6-21-2016)

A.5 - Tree Alteration.

The following standards are designed to help manage the overall health of a tree, including but not limited to reducing risk of failure, providing an even distribution of branches, and correcting/improving the tree's structural stability. Alteration/pruning of a tree shall be conducted in accordance with the following standards:

(Ord. No. 4492, § 9, 6-21-2016)

A.5.1 - Purpose

Pruning live branches creates a wound, even when the cut is properly made. Therefore, pruning objectives should be established prior to beginning any pruning operation.

a.

Three reasons trees should be pruned.

==> picture [326 x 101] intentionally omitted <==

1.

Pruning for Health—Pruning for health involves removing diseased or insect-infested wood, thinning the crown to increase airflow, and removing crossing and rubbing branches. Pruning can best be used to encourage trees to develop a strong structure and reduce the likelihood of damage during severe weather. Removing broken or damaged limbs encourages wound closure.

2.

Pruning for safety involves removing branches that could fail and cause injury or property damage, trimming branches that interfere with lines of sight on streets or driveways, and removing branches that grow into utility lines. Safety pruning can be largely avoided by carefully choosing species that will not grow beyond the space available to them and have strength and form characteristics that are suited to the site.

3.

Pruning for aesthetics involves enhancing the natural form and character of trees or stimulating flower and fruit production. Pruning for form can be especially important on open-grown trees that do very little self-pruning. In some cases, tree pruning can be conducted to enhance views beyond the tree itself. This is a reasonable

option when the tree's structure and health can be preserved, allowing it to continue to provide benefits that would be lost if the tree were removed altogether.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.2 - Size of Pruning Cuts.

Tree branches shall be removed in such a manner so as to not cause damage to other parts of the tree or to other plants or property. Use the following guide for size of branches to be removed:

a.

Under two inches in diameter - safe to prune.

b.

Between two and four inches in diameter - think twice.

c.

Greater than four inches in diameter - have a good reason. A qualified tree consultant shall be consulted to provide justification in writing that removing a protected tree's branches that are larger than four inches will not harm the health of the tree.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.3 - Pruning Cuts.

Tree branches shall be removed in such a manner so as not to cause damage to other parts of the tree or to other plants or property. Just above the point along a branch where leaf or lateral shoot growth originates is also the correct place to make a pruning cut. The following standards shall be implemented when pruning trees.

a.

==> picture [152 x 102] intentionally omitted <==

Each cut should be made carefully, at the correct location, leaving a smooth surface with no jagged edges or torn bark.

b.

A pruning cut that removes a branch at its point of origin shall be made close to the trunk or parent limb, without cutting into the branch bark ridge or collar, or leaving a stub.

c.

When removing a dead branch, the final cut shall be made just outside the collar of living tissue.

d.

Large or heavy limbs should be removed using three cuts. The first cut undercuts the limb one or two feet out from the parent branch or trunk. A properly made undercut will eliminate the chance of the branch "peeling" or

tearing bark as it is removed. The second cut is the top cut which is usually made slightly further out on the limb than the undercut. This allows the limb to drop smoothly when the weight is released. The third cut is to remove the stub, while preserving the branch collar and branch bark ridge.

(Ord. No. 4492, § 9, 6-21-2016)

==> picture [70 x 88] intentionally omitted <==

A.5.4 - Pruning for Clearance from Overhead Lines.

The purpose of utility pruning is to prevent the loss of service, comply with mandated clearance laws, prevent damage to equipment, avoid access impairment, and uphold the intended usage of the facility/utility space. Only a qualified line clearance arborist under contract with the utility company shall conduct alteration or removal of trees for the purpose of line clearance work.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.5 - Tree Crown Alteration.

Pruning of the tree crown removes hazardous, declining, and/or dead branches. Proper crown thinning can reduce the risk of storm damage allowing wind to pass through canopies that have a balanced foliage.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.6 - General Standards.

a.

No more than 20 percent of a tree's canopy shall be removed within an annual growing season.

b.

Branches should be selectively removed, leaving more dominant ones intact that show good development in desired directions.

c.

Pruning shall maintain the tree's natural shape, and tree topping is prohibited.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.7 - Reserved.

• A.5.8 - Tree Crown Raising.

Crown raising is the removal of the lower branches of a tree in order to provide clearance on trees that obstruct vision and/or may interfere with pedestrian and vehicular traffic. The following standards shall be implemented when feasible:

a.

Lower limbs on young trees should remain as long as possible to create and maintain trunk taper and develop a strong trunk.

b.

Shorten low branches regularly and suppress their growth to force more growth in upper branches. The shortened branches can be removed later to raise the crown as needed.

c.

==> picture [175 x 98] intentionally omitted <==

Removal of large diameter limbs low on the tree can create large wounds that may not heal and promote decay on the main trunk.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.9 - Tree Crown Cleaning.

Crown cleaning is a series of pruning cuts that remove hazardous, declining, and/or dead branches, leaving more dominant ones intact that show good development in desired directions.

==> picture [140 x 100] intentionally omitted <==

a.

Crown cleaning can be performed on trees of any age but is most common on medium-aged and mature trees that have had minimal maintenance.

b.

Since crown cleaning involves the removal of limbs that may have diseases, to avoid the spread of disease, pruning tools should be disinfected between each pruning cut.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.10 - Tree Crown Thinning.

Crown thinning is the selective removal of branches to increase light penetration and air movement and to reduce end weight on tree branches. Crown thinning can reduce risk of storm damage among intact tree canopies, allowing wind to pass through canopies of "balanced" foliage and stems.

a.

Proper thinning involves removing branches at their point of origin or back to appropriate lateral branches.

b.

Thinning does not normally influence the size or shape of the tree and should result in an even distribution of branches along individual limbs, not a grouping toward the ends.

c.

Removal of only interior branches can create an effect known as lion-tailing. This displaces foliar weight to the ends of the branches and may result in sunburned bark tissue, weakened branch structure, and breakage.

==> picture [292 x 119] intentionally omitted <==

(Ord. No. 4492, § 9, 6-21-2016)

A.5.11 - Tree Crown Reduction.

Crown reduction is the cutting of limbs back to their portion of origin or back to a lateral branch capable of sustaining the remaining limb and the main, central stem of the tree is dominant (i.e., grows stronger than) other branches. Reduction is used to reduce the size of a tree by decreasing the length of one of many stems and branches. Crown reduction pruning can control the size of the tree, however it is no substitute for matching the correct tree species with the site.

(Ord. No. 4492, § 9, 6-21-2016)

A.5.12 - Tree Topping.

Topping is used only when removing an unwanted tree. It should never be used as a primary pruning practice for reducing the height or spread of a tree. When a tree is topped, several things can occur:

a.

The branch at the point of the heading cut produces a flush of new growth, usually numerous, vigorous and disorganized sprouts. This "witch's broom" of new growth destroys the tree's natural growth. Sprouts are often long and upright with little variation in shape and structure.

b.

In producing such profuse growth to replace the lost foliage, the plant is soon as tall as it was before topping. But now the crown is denser, requiring extra time and effort to prune.

c.

The sprouts also create a foliage shell, shading the plant's interior, often causing inside branches to die.

d.

New sprouts are weakly attached, crowded and prone to breakage.

e.

Never plant trees near or under utility lines, awnings, or anywhere else that will require extensive pruning to keep them from damaging property.

==> picture [280 x 222] intentionally omitted <==

(Ord. No. 4492, § 9, 6-21-2016)

A.5.13 - Tree Crown Restoration.

Tree crown restoration is performed to improve structure, form, and appearance of trees that have been topped, vandalized, or storm damaged. Restoring a tree to a sustainable structure usually requires a number of prunings over a period of years as new dominant branches will take time to form.

a.

The process of crown restoration can be a combination of crown cleaning, crown thinning, and crown reduction, depending on the severity of the damage.

b.

Removal of dead or broken limbs should be completed first.

c.

Choose limbs that are U-shaped to remain rather than limbs with a sharper angle of attachment.

==> picture [315 x 91] intentionally omitted <==

(Ord. No. 4492, § 9, 6-21-2016)

A.6 - Wound Treatment.

Wound treatments such as tree tar or other wound dressing, should not be used to cover wounds or pruning cuts, except when a qualified tree consultant recommends such treatment for disease, insect, mistletoe, or sprout control.

(Ord. No. 4492, § 9, 6-21-2016)

A.7 - Tools and Equipment.

Proper pruning can extend the useful life of trees, improve their safety, and add significant value to coastal areas. Conversely, improper pruning can irreparably damage a tree and possibly make it hazardous. The following general standards shall be implemented during tree alteration, removal, or transplantation.

a.

Climbing spurs shall not be used in the alteration of trees.

b.

Pruning tools used in making pruning cuts shall be sharp and should be disinfected between each pruning cut. Rubbing alcohol, disinfectant spray, or a 1:10 mixture of bleach and water are the recommended disinfectants.

c.

Selecting the right tools will ensure pruning operations progress in a safe manner. Examples of pruning tools include the following:

1.

Hand Pruning Shears are made for cutting branches up to about one-half-inch in diameter.

2.

==> picture [117 x 75] intentionally omitted <==

Lopping shears have long handles to exert great cutting power when pruning branches up to two inches in diameter.

(Ord. No. 4492, § 9, 6-21-2016)

A.8 - Tree Root Alteration.

a.

Pursuant to Section 8178-7.5.1, a Planned Development Tree Permit is required for the encroachment into the tree protected zone of a protected tree that is a result of a development project. Examples of encroachments include but are not limited to changing the natural grade, excavating for utilities or fence posts, or paving associated with driveways and streets.

b.

Pursuant to Section 8178-7.5.2, a Zoning Clearance Tree Permit is required to alter the roots of a protected tree, provided that such alteration does not involve encroachment into the tree protected zone and a qualified tree consultant states in writing that the root alteration will not harm the health of the tree.

c.

The tree protected zone is considered the area in which a critical amount of the tree's roots may be found. To determine the tree protection zone, the following calculations noted in 1., 2. and 3. below, shall be performed for all protected trees within 20 feet of areas proposed to be disturbed. The tree protected zone is measured horizontally from the outer circumference of the tree outward to the distance of the calculated tree protected zone. The calculation that provides the maximum protection is considered the designated tree protection zone.

1.

Draw a circle around the tree that is no less than 15 feet from the trunk of the protected tree.

2.

Multiply the tree's diameter in inches by one and a half feet (i.e., one inch equals one and a half feet). For example, if a tree's diameter at a height of 4.5 feet above existing grade is 12 inches, the tree protected zone would be 18 feet from the trunk of the protected tree.

3.

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

==> picture [280 x 142] intentionally omitted <==

d.

Tree Root Alteration shall only be conducted for the following:

1.

When a protected tree is being replanted.

2.

If approved grading or construction activities are occurring near a protected tree and no alternative that avoids disturbance is feasible.

3.

To alter/prune roots from under an existing curb or sidewalk.

4.

As determined by a qualified tree consultant, an inspection reveals root girdling and the roots must be removed in order to preserve the tree.

As approved by a Planned Development Permit.

e.

If a protected tree's roots must be altered/pruned, pruning activities shall include but are not limited to the following:

1.

The alteration/pruning of roots shall be as far away from the tree trunk as possible.

2.

Avoid root alteration/pruning within the tree's protected zone unless there is no feasible alternative (as determined by a qualified tree consultant).

3.

Avoid root pruning during environmentally stressful times such as droughts, floods, active bud break, and shoot growth.

4.

Avoid large roots. No roots greater than two inches in diameter should be altered/pruned.

5.

Prior to root alteration/pruning, excavate the soil away from the roots by hand or with an air spade.

6.

Do not use backhoes or other equipment that rip or tear roots.

7.

Backfill the roots as quickly as possible.

8.

Do not alter/prune roots for the purpose of landscaping.

(Ord. No. 4492, § 9, 6-21-2016)

B. - TYPES OF TREES

Tables 1, 2 and 3 provide lists of trees for the purpose of identification. The list is not exhaustive and is being provided for reference only.

(Ord. No. 4492, § 9, 6-21-2016)

B1. - Native Trees.

California native trees existed in California prior to the arrival of European explorers and colonists in the late 18th century. California's native trees shall be conserved not only because of their beauty and intrinsic value, but also because they are essential components of ecosystems and natural processes. The following list of native trees may be selected for future planting.

• The list of native trees was compiled using the responsible landscaping tree list developed by the California Native Plant Society, California Invasive Plant Council and Calflora, a nonprofit organization dedicated to providing information about California plant biodiversity.

(Ord. No. 4492, § 9, 6-21-2016)

B2. - Non-Native Trees.

A non-native tree is an introduced species living outside its native distributional range, which has arrived there by human activity, either deliberate or accidental. Non-native trees can have a negative effect on a local ecosystem by disrupting native vegetated areas, and eventually dominating the region or habitat. Many nonnative trees however are not invasive and provide visual interest and enhancement to the built environment. Because non-natives trees can adversely affect the habitats and bioregions they invade, the planting of nonnative trees is prohibited in the Coastal Open Space (COS), Coastal Agricultural (CA) and Coastal Industrial (CM) zones and as mitigation for the removal of a protected tree. The following list identifies common nonnative trees that are not invasive in California and may be appropriate species to plant where non-native trees are allowed pursuant to the policies and provisions of the LCP.

• The list of non-native trees was compiled using the responsible landscaping tree list developed by the California Native Plant Society, California Invasive Plant Council and Calflora, a nonprofit organization dedicated to providing information about California plant biodiversity.

(Ord. No. 4492, § 9, 6-21-2016)

B3. - Invasive Trees.

Similar to the non-native trees listed in Table 2, invasive (or "exotic") trees can out-compete and gradually displace native plants, resulting in a loss of wildlife species that depend upon them. Invasive trees however, pose a greater threat because they can rapidly spread and suppress growth of surrounding plants by shading them out, chemically poisoning them, or out-competing them for food and water. The planting of invasive trees is prohibited in the coastal zone.

• The list of invasive trees includes species identified as problematic and/or invasive by the California Native Plant Society and the California Exotic Pest Plant Council.

(Ord. No. 4492, § 9, 6-21-2016)

C. - GLOSSARY OF TERMS

Air Spade—A pneumatic soil probe that delivers sudden bursts of air to crack, loosen, or expand the soil to improve the root growing environment or for trench excavation to locate and preserve root tissue.

Arboriculture—The art, science, technology, and business of commercial, public, and utility tree care.

Branch—A secondary shoot or stem arising from one of the main axes (i.e., trunk or leader) of a tree or woody plant.

Branch Collar—Trunk tissue that forms around the base of a branch between the main stem and the branch or a branch and a lateral. As a branch decreases in vigor or begins to die, the branch collar becomes more pronounced.

Branch Bark Ridge—The raised area of bark in the branch crotch that marks where the branch wood and trunk wood meet.

Climbing spurs—Sharp, pointed devices affixed to the climber's leg used to assist in climbing trees (also known as gaffs, hooks, spurs, spikes, climbers).

Closure—The process of woundwood covering a cut or other tree injury.

Co-Dominant: Two main branches that originate at the same point on the main trunk. These create a weak union that is more prone to failure than normal branch development.

Crotch—The angle formed at the attachment between a branch and another branch, leader, or trunk of a woody plant.

Crown—The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.

Decay—Degradation of woody tissue caused by biological organisms.

Establishment—The point after planting when a tree's root system has grown sufficiently into the surrounding soil to support shoot growth and anchor the tree.

Girdling roots—Roots located above or below ground whose circular growth around the base of the trunk or over individual roots applies pressure to the bark area, ultimately restricting sap flow and trunk/root growth, frequently resulting in reduced vitality or stability of the tree.

Interfering Branches—Crossing, rubbing, or upright branches that have the potential to damage tree structure and/or health.

Lateral Brach—A branch or twig growing from a parent branch or stem.

Leader—A dominant or co-dominant, upright stem.

Limb—A large, prominent branch.

Lion's Tailing—The removal of an excessive number of inner, lateral branches from parent branches.

Nodes—Point along a branch where leaf or lateral shoot growth originates. Just above a node is also the correct place to make a pruning cut.

Parent branch or stem—The tree trunk; or a large limb from which lateral branches grow.

Pruning—The selective removal of plant parts to meet specific goals and objectives.

Topping—An inappropriate technique to reduce tree size that cuts through a stem at an indiscriminant location.

Tree Crown Cleaning—Selective pruning to remove dead, diseased, and/or broken branches.

Tree Crown Raising—Selective pruning to provide vertical clearance.

Tree Crown Reduction—Selective pruning to decrease height and/or spread.

Tree Crown Restoration—Selective pruning to improve structure, form, and appearance of trees that have been severely damaged.

Tree Crown Thinning—Selective pruning to reduce density of live branches.

Wound—The opening that is created any time the tree's protective bark covering is penetrated, cut, or removed, injuring or destroying living tissue.

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L1. - LANDSCAPE AND IRRIGATION PLAN REQUIREMENTS

The Landscape Plan shall be drawn on clear and legible base sheets prepared specifically for the landscape submittal. Three (3) copies shall be submitted at the time of filing. The following requirements apply to the landscape plan and the following information shall be provided as part of or along with the landscape plan:

Format

Size. Plans shall be a minimum of 24" by 36" and no larger than 30" × 42".

Scale. All landscape plans shall be drawn to scale and be consistent with the project's site plan(s). The landscape plan shall be at a scale of 1" = 20'.

Title Block. The title block is a frame that is located at the bottom or right hand side of the landscape plan and shall include the following information.

1.

Project title/name.

2.

Project case number.

3.

Licensed Landscape Architect/Qualified Landscape Designer name, address, phone number, license number and stamp (if applicable).

4.

Project Site Assessor Parcel Number (APN) and street address.

5.

Scale. Plans must be at a scale of 1 inch = 20 feet or larger.

6.

Dates of submittals and any revisions.

7.

Sheet numbers.

Cover Sheet. (Page 1 of the Landscape Plan)

Water supply (private well or water purveyor if not served by a private well)

2.

Project Type (new or rehabilitated landscape, private or public, residential, commercial, industrial or institutional)

3.

Total Landscape Area (square feet)

4.

Names, addresses, telephone numbers, and e-mail of the applicant, owner, and consultants.

5.

A small-scale vicinity map portraying and orienting the boundaries of the project site with respect to surrounding areas and roads

6.

Legend and Abbreviations

7.

Applicant signature and date with the following statement:

"I agree to comply with the requirements of the Ventura County Coastal Zoning Ordinance Section 8178-8 Landscape and Screening and submit a complete Landscape Documentation Package."

Site Plan. The project site plan shall be used as the underlying base map for the landscape plan and shall include but not be limited to the following:

1.

The exterior boundaries of the parcel in conformance with existing records, with information as to dimensions and bearings.

2.

Location, width, nature and status of all existing and proposed easements, reservations and rights-of-way.

3.

Scale and North arrow

4.

Gross and net acreage of the property.

5.

Building footprints, driveways, parking areas, and other hardscape features.

Trash enclosures, above-ground utilities, and other features that may require landscape screening.

7.

The location of all proposed exterior night lighting and an outline of the illuminated area.

8.

Water source and point of connection.

9.

Drainage channels, creeks, rock outcrops and other natural features.

10.

Number, size and location of all existing trees and other significant landscape features.

11.

Identification of required fuel modification zone (if applicable).

12.

Identification of portions of the site and project that are visible from on- or off-site public viewing areas.

13.

Identification of portions of the site within 200 feet of environmentally sensitive habitat areas.

14.

Identification of Low Impact Development (LID) strategies and landscaping intended to accommodate stormwater flows (e.g., bioretention basins, etc.).

Planting Plan. Proposed landscaping shall be overlaid on the site plan described above and include but not be limited to the following:

1.

A legend that includes the proposed plants, their common and botanical plant names, total quantities, container size, and plant spacing.

2.

Species, number, size and location of all proposed trees.

3.

Identification of any special landscape areas (if applicable).

Each hydrozone delineated by number and identified by water use type (i.e., high, moderate and low).

5.

Location and installation details of storm water best management practices.

Environmentally Sensitive Habitat Areas (ESHA). Projects within 200 feet of ESHA shall demonstrate on the project plans that the proposed landscaping is sited and designed to protect the ESHA from adverse impacts. The Landscape Plan shall be submitted with the review of the Plan by a qualified biologist confirming that it is protective of the adjacent ESHA.

Scenic Elements. Projects visible from public viewing areas shall demonstrate on the project plans and through visual simulations that the proposed landscaping is sited and designed to protect scenic resources and public viewsheds.

Water Quality. A Stormwater Quality Urban Impact Mitigation Plan (SQUIMP) as required.

Design Elements. Planting plans may include design elements such as boulders, mounds, sculptures, public art, etc. All items shall be drawn to scale.

Specifications. Installation and maintenance procedures shall be provided on a separate informational sheet that is included with the landscape plan. The installation and maintenance procedures shall include but not be limited to the following:

1.

Soil amendment specifications.

2.

Specifications for any proposed seed mixes including application rates and relevant germination specifications.

3.

Planting requirements including tree staking and guying.

4.

The landscape plan performance criteria to judge the success of the landscape plan.

5.

Proposed maintenance and monitoring for growth, survivorship, and cover for a period of one year to ensure the landscape plan meets or exceeds the landscape plan performance criteria outlined for each of the proposed plantings.

Irrigation Plan. The irrigation plan shall be separate from the planting plan, utilize the same format and at a minimum include the following:

1.

Identify location and size of water meters for landscape.

2.

Identify location, size and type of all components of the irrigation system, including master valve, controllers, main and lateral lines, valves, irrigation heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow prevention devices, and power supply, as applicable.

3.

Identify static water pressure at the point of connection to the public water supply.

4.

Provide flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (pressure per square inch) for each hydrozone.

5.

Show reclaimed water irrigation systems as applicable.

Additional Plan Sheets. Include as a separate sheet, the following (if applicable):

1.

A copy of the Preliminary Grading and Drainage Plan.

2.

Architectural elevations of all proposed structures including, but not limited to, buildings, walls and fences.

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L2. - CALCULATING THE WATER BUDGET OF A PROJECT SITE

Reference Evapotranspiration (ETo) Table*

Monthly Average Reference Evapotranspiration by ETo Zone (inches/year)

• The values in the table for Ventura County were derived from:

1)

California Irrigation Management Information System (CIMIS);

2)

Reference Evapotranspiration Zones Map, University of California Department of Land Air & Water Resources and California Department of Water Resources 1999; and

3)

Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922;

4)

Determining Daily Reference Evapotranspiration, Cooperative Extension University of California and Natural Resources (1987), Publication Leaflet 21426

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L3. - SAMPLE WATER EFFICIENT LANDSCAPE WORKSHEET

This worksheet is filled out by the project applicant and is a required element of the Landscape Documentation Package.

Reference Evapotranspiration (ETo) 43.5

Water Budget Calculations

New or altered landscaping shall not exceed the Maximum Applied Water Allowance (MAWA). The following MAWA calculation shall be used to identify the annual allowance of water needed for a landscaped area:

Maximum Applied Water Allowance (MAWA)

The project's Maximum Applied Water Allowance (MAWA) shall be calculated using these equation:

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L4. - ESTIMATED TOTAL WATER USE (ETWU)

The project's Estimated Total Water Use (ETWU) is calculated using the following formula:

ETWU = ETo × 0.62 × ETAF × Area

Legend:

ETWU = Estimated water use based on plant material (gallons per year)

Average ETAF for Regular Landscape Areas must be 0.55 or below for residential and 0.45 or below for nonresidential

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L5. - EXAMPLES FOR CALCULATING THE WATER BUDGET

Example 1:

A hypothetical residential landscape project in Ventura, California, with an irrigated landscape area of 1,000 square feet; no special landscape area (SLA = 0).

Hydrozone: Label each planting area polygon with a number or letter.

Plant Water Use Types: Identify water demand for each hydrozone.

Plant Factor[1] :[[13]] Plant factor range shall be as follows:

•

Low water use plants: 0.1 to 0.3

•

==> picture [175 x 176] intentionally omitted <==

Moderate water use plants: 0.4 to 0.6 • High water use plants: 0.7 to 1.0

Maximum Applied Water Allowance (MAWA)

MAWA = (ETo) (0.62) [(ETAF × LA) + ((1-ETAF) × SLA)]

Average ETWU = 0.55

MAWA = (43.5) × (0.62) [(0.55 × 1,000 sf) + ((0.45 × 0)] MAWA = (43.5) × (0.62)[(550) + (0)] MAWA = (26.97) × [550] MAWA = 14,834 gallons

To convert from gallons per year to hundred-cubic-feet per year:

= 14,834/748

(100 cubic feet = 748 gallons)

= 19.83 hundred-cubic-feet per year

Estimated Total Water Use (ETWU) (gallons per year)

ETWU = ETo × 0.62 × ETAF × Area

HA #1: (43.5) × (0.62) × (0.67) × (100) [26.97] × [67] = 1,807 HA #2: (43.5) × (0.62) × (0.87) × (100) [26.97] × [87] = 2,346 HA #3: (43.5) × (0.62) × (0.61) × (100) [26.97] × [61] = 1,645

HA #4: (43.5) × (0.62) × (0.37) × (350) [26.97] × [130] = 3,506

HA #5: (43.5) × (0.62) × (0.24) × (350) [26.97] × [84] = 2,265

ETWU = 11,569 gallons per year

Compare ETWU with MAWA.

MAWA = 14,834 gallons per year

ETWU = 11,569 gallons per year

♦

The ETWU (11,569 gallons per year) is less than MAWA (14,834 gallons per year).

In this example, the water budget complies with the MAWA.

(Ord. No. 4492, § 9, 6-21-2016)

Footnotes:

--- ( 13 ) ---

Plant Factors are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

APPENDIX L6. - SAMPLE CERTIFICATE OF COMPLETION

CERTIFICATE OF COMPLETION

THIS CERTIFICATE IS FILLED OUT BY THE PROJECT APPLICANT UPON COMPLETION OF THE LANDSCAPE PROJECT.

==> picture [419 x 476] intentionally omitted <==

==> picture [419 x 217] intentionally omitted <==

(Ord. No. 4492, § 9, 6-21-2016)

APPENDIX L7. - INVASIVE PLANT LIST

The California Invasive Plant Inventory includes plants that are deemed a potential threat to the state's wildlands. The list (as amended over time), was prepared by the California Invasive Plant Council, and represents the best available information from invasive plant experts in the State of California. Inclusion on the list is based on an assessment of the ecological impacts of each plant, and ratings represent cumulative impacts statewide rather than by individual region.

al threat to the state's wildlands. The list (as amended over time), was prepared by the California Invasive Plant Council, and represents the best available information from invasive plant experts in the State of California. Inclusion on the list is based on an assessment of the ecological impacts of each plant, and ratings represent cumulative impacts statewide rather than by individual region.

(Ord. No. 4492, § 9, 6-21-2016)

Appendix E1. - Site-Specific Environmental Assessments for ESHA

AE-1.1 - Purpose and content.

This section provides the requirements for a site-specific environmental assessment in the Ventura County coastal zone, as required by Coastal Zoning Ordinance (CZO) Section 8178-2.3. Site-specific assessments include a site-specific map of all environmentally sensitive habitat areas (ESHA), which are used in conjunction with the standards provided by CZO Section 8178-2.4. A site-specific assessment includes an analysis of all potentially adverse direct, indirect, and cumulative impacts on ESHA resources. Such assessments are prepared on a case-by-case basis based upon site-specific evidence provided by a biological report called a Coastal Initial Study Biological Assessment (CISBA), the CISBA provides the analysis required for the biological section of an environmental (CEQA) document.

The first section of this appendix contains information on ESHA determinations/mapping, while the second section contains detailed information on the required contents of a CISBA. Information within these two (2) sections is organized as follows:

AE-1.2 — ESHA Determinations:

•

AE-1.2.1 — Factors Used for ESHA Determinations

•

AE-1.2.2 — Additional Factors for ESHA Determinations

•

AE-1.2.3 — Habitat Categories Classified as ESHA

AE-1.3 — Guidelines for Coastal Initial Study Biological Assessments (CISBA):

•

AE-1.3.1 — General Requirements

•

AE-1.3.2 — Required Content of CISBA Components

•

AE-1.3.3 — Summary of CISBA Data and Maps

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

AE-1.2 - ESHA Determinations.

AE-1.2.1 - Factors used for ESHA determinations.

This Section provides background information on the three (3) factors used for ESHA determinations. ESHA is defined as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments" (Public Resources Code §30107.5). As such, a determination regarding the classification of a habitat or species as ESHA includes an evaluation of the following three (3) elements:

(1)

The presence of species or habitats that are rare; or

(2)

The presence of species or habitats that are especially valuable; and

(3)

The sensitivity of the species or habitat to human introduced disturbance or degradation.

To be considered ESHA, the habitat or species only needs to meet one (1) of the first two (2) criteria (1 or 2) above. In all cases, the third criteria (3) must be met for the habitat or species to be considered ESHA.

Criteria 1 — Rare habitat/species: The first test is to determine the presence of a habitat or a species that is rare. The categories listed below represent types of rare habitats and habitats that support rare plant/animal species:

a.

Rare Plant Communities. Plant communities ranked G1 or S1 (critically imperiled globally or sub-nationally [state]), G2 or S2 (imperiled), or G3 or S3 (vulnerable to extirpation or extinction) by the California Department of Fish and Wildlife's (CDFW) Natural Diversity Database (CNDDB, Vegetation Classification and Mapping Program, List of California Vegetation Alliances, as amended) and by NatureServe's Natural Heritage Program. Native communities are defined based on the general habitat descriptions in "Preliminary Descriptions of the Terrestrial Natural Communities of California" (Holland 1986) and the more detailed membership rules laid out in "A Manual of California Vegetation," second edition (Sawyer, Keeler-Wolf, Evens, 2009) or the most recent version.

b.

Habitat Areas that Support Rare/Plant and Animal Species. Native plant and animal species ranked G1 or S1 (critically imperiled globally, sub-nationally, or statewide), G2 or S2 (imperiled), or G3 or S3 (vulnerable to extirpation or extinction) by the CDFW CNDDB. Species listed as endangered, threatened, or rare under the Federal or State Endangered Species Acts, Candidate Federal or State endangered, threatened, or rare species, California Fully Protected Species, California Species of Special Concern, or any species for which there is compelling evidence of rarity and, pursuant to CEQA Guidelines Section 15380(d). Plant species with a California Rare Plant Rank of 1 (plants presumed extinct in California, or rare, threatened, or endangered in California and elsewhere), 2 (plants that are rare, threatened, or endangered in California but more common elsewhere) (California Native Plant Society (CNPS) "1B," "2A," and "2B" listed plant species).

c.

US Fish and Wildlife Service (USFWS) Designated Critical Habitat. For USFWS critical habitat to be designated as ESHA, it must currently or historically have been occupied by the species and retain the functions of the primary constituent elements of its designation. Primary constituent elements are the physical or biological features that qualify the habitat as essential for the species recovery and survival and are listed within the Federal Register announcement when a critical habitat area is designated for a federally listed species.

orically have been occupied by the species and retain the functions of the primary constituent elements of its designation. Primary constituent elements are the physical or biological features that qualify the habitat as essential for the species recovery and survival and are listed within the Federal Register announcement when a critical habitat area is designated for a federally listed species.

Criteria 2 — Valuable habitat/species: The second test is to determine the presence of a species or habitat that is especially valuable because of its special nature or role in an ecosystem. Areas may be valuable because of their "special nature," such as being an unusually pristine example of a habitat type, containing an unusual mix of species, supporting species at the edge of their range, or containing species with extreme variation. Examples of habitats or species that are valuable because of their "special nature" can include, but are not limited to, the following: plants/animals on the County's Locally Important Species List; all other species tracked by the CNDDB, which are considered to be those species of greatest conservation concern; or plant species with a California Rare Plant Rank of 4 (plants of limited distribution in California). Species tracked by the CNDDB are listed in CDFW's lists of Special Plants and Special Animals.

Habitats or species may also be considered valuable because of their special "role in the ecosystem" because they provide habitat for endangered species, protect water quality, provide essential corridors linking one sensitive habitat to another, or provide critical ecological linkages, such as the provision of pollinators or crucial trophic connections. Examples include but are not limited to the following:

a.

The habitat within the defined areas (i.e., polygons are connected to other natural areas (i.e., undeveloped areas) plant communities such that plants or wildlife can disperse from the defined area to other habitats nearby—for foraging, breeding, migration, or dispersal of offspring. Alternately, the habitat is itself a large contiguous area such that wildlife can move within the defined area for foraging, breeding, migration, or dispersal of offspring; or

b.

The habitat within the defined area performs one (1) or more of the following ecological functions* that sustain the ESHA ecosystem†:

1.

Provides a buffer zone for riparian, wetland, or other wet environment habitats; or

2.

Provides foraging, denning/nesting, or moving/migrating habitat for native wildlife; or

3.

Provides habitat and linkages for pollinators; or

4.

Provides habitat and conditions for abiotic and/or biotic seed dispersal of native plant species, supporting a self-sustaining community capable of natural regeneration.

Criteria 3 — Sensitivity: The third test is to determine whether the species or habitat is easily disturbed or degraded by human activities or development. Due to the historic record of adverse impacts to native plants, animals, and natural communities caused by the urbanization of coastal California, the Coastal Commission has concluded that the third test is met for rare or especially valuable species and habitats, which are in danger of direct loss or significant degradation due to human activities and development.

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

*Ecological functions (d) and (e) come from the following reference: Brigham, C. 2007. Managing rare plants at the wildland urban interface: An example from the Santa Monica Mountains and the Simi Hills. In Flora and ecology of the Santa Monica Mountains: Proceedings of the 32[nd] annual Southern California Botanists symposium, ed. D.A. Knapp, 1-17. Southern California Botanists Special Publication No. 4, Fullerton, CA.

†The definition of ESHA is not limited to native habitat, as the definition allows consideration of habitat function and not just vegetation type. For a discussion of ecological function, see Longcore, T. and Rich, C. 2003. Protection of Environmentally Sensitive Habitat Areas in Proposed Local Coastal Plan for the City of Malibu. The Urban Wildlands Group, Inc., P.O. Box 24020, Los Angeles, CA 90024.

AE-1.2.2 - Additional factors for ESHA determinations.

Please see Section 8178-2.4.2 for additional circumstances that can affect an ESHA determination. The following criteria shall be used in an ESHA determination associated with a natural disaster. Habitat removed/degraded by natural disaster that met the definition of ESHA before the natural disaster shall be afforded the protections of ESHA (see CZO Section 8178-2.4.2). Also, areas subject to the minimal fuel modification measures that are required in riparian or woodland habitats meet the definition of ESHA (see CZO Section 8178-8.4.2.3). An exception to this provision may be provided for an ESHA that was permanently destroyed by a natural disaster, in accordance with CZO Section 8178-2.4.2(b), provided that such determinations meet all the following standards:

a.

The Planning Staff Biologist or County's designated biological consultant finds that the habitat no longer meets the definition of ESHA. Such determinations shall be supported by substantial evidence prepared by a qualified biologist in accordance with Section AE-1.2.1. If the destruction of one ESHA type led to its replacement by another ESHA type, the area shall remain classified as ESHA. For example, if an ESHA coastal sage scrub habitat was replaced by an ESHA grassland habitat, the area shall remain classified as ESHA; and

b.

The Planning Staff Biologist finds that twenty (20) or more years passed since the most recent natural disaster (with no intervening natural disaster events). For all areas cleared of native vegetation that contain ruderal vegetation (or bare ground), historical aerial imagery shall be reviewed, and a determination shall be made that the ESHA was destroyed by natural disaster unaided by human intervention. A description of the natural disaster(s) shall be provided in conformance with Section AE-1.3.2(h) and Section AE-1.3.3(c); and

c.

All modifications to the ESHA map must be approved by the decision-making body for the Coastal Development Permit and shall be conducted in accordance with standards in Sections AE-1.3.2, AE-1.2.3, and AE-1.2.1.

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

AE-1.2.3 - Habitat categories classified as ESHA.

A comprehensive list of the habitat groups classified as ESHA in the Ventura County coastal zone is in CZO Section 8178-2.4.1. Additional information on many of the habitat groups classified as ESHA is provided below:

a.

Coastal Bluff Habitats. Coastal bluff habitats are found in the northern and southern portion of the County's coastal zone. They are characterized by cliff faces (with at least ten (10) feet of vertical relief) whose toe is or was subject to marine erosion. The vegetative community (referred to as coastal bluff scrub) includes California bush sunflower (Encelia californica) and giant coreopsis (Leptosyne gigantea) and several succulent species, including localized forms of more widespread species (e.g., prostrate goldenbush, (Isocoma menziesii vars.), as well as a mixture of coastal cactus scrub types including but not limited to, prickly pear (Opuntia spp.), our lord's candle (Hesperoyucca whipplei) and live-forevers (Dudleya species)).

b.

Coastal Dune Habitats. Coastal sand dune systems occur in areas with actively or formerly shifting sand that is associated with the immediate coastal environment. Moving landward from the shore, dunes may become stabilized by vegetation communities characterized by distinct species. In Article 2, a dune habitat is defined as follows:

A fragile habitat that contains accumulations of sand in ridges, hummocks, or mounds, which typically support native and non-native species of vegetation located landward of the sea.

The foredune habitat that is closest to the sea, is most exposed to onshore winds and salt spray and is typically characterized by species such as beach bur (Ambrosia chamissonis), beach saltbush (Atriplex leucophylla), sand verbena (Abronia umbellata), red sand-verbena (Abronia maritima), beach morning glory (Calystegia soldanella), beach evening-primrose (Camissoniopsis cheiranthifolia, as Camissonia cheiranthifolia), and salt grass (Distichlis spicata) with few other species. Interdune and back dune (dune scrub) vegetation communities are characterized by species such as California croton (Croton californicus), California mock heather (Ericameria ericoides), Menzies' goldenbush (Isocoma menziesii), etc. Non-natives plants brought to stabilize dunes and change dune formation patterns include European beach grass (Ammophila arenaria), and iceplant (Carpobrotus spp).

c.

Coastal Sage Scrub and Chaparral (Santa Monica Mountains). Coastal sage scrub and chaparral (CSS/chaparral) may be defined as ESHA because some members of the plant community are identified as a special status species (e.g., the rarity ranking is S1-S3 or G1-G3, see CZO Section 8178-2.4.1). In 2003, the California Coastal Commission found that "large contiguous areas of relatively pristine native habitat in the Santa Monica Mountains meet the definition of ESHA under the Coastal Act." The result of the Commission's action is that most areas that contain coastal sage scrub (CSS) and chaparral are now classified as ESHA within the Santa Monica Mountains. This habitat is described in a March 25, 2003 memorandum from the Commission* as follows:

Coastal Sage Scrub/Chaparral. Coastal sage scrub is characterized primarily by aromatic drought-deciduous shrubs such as California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), California sunflower (Encelia californicus), laurel sumac (Malosma laurina), and black (Salvia mellifera) and purple sage (Salvia leucophylla) and provides important habitat for wildlife. This community has been substantially reduced from its historical extent due to development, with approximately fifteen (15) percent remaining in California. Chaparral is dominated by deep-rooted evergreen shrubs such as chamise (Adenostoma fasciculatum), redshank (Tringa totanus), manzanita (Arctostaphylos spp.), and ceanothus

(Ceanothus spp.). While still relatively common, chaparral habitats serve a wide variety of essential ecosystem roles in the Santa Monica Mountains.

Within Ventura County's portion of the Santa Monica Mountains, coastal sage scrub or chaparral communities that do not support a special status species are defined as ESHA if the habitat meets all the following criteria:

1.

The plant community within the polygon is an association (as defined in the Manual of California Vegetation) in which the dominant, co-dominant, or characteristic plants are native chaparral or coastal sage scrub species; and

2.

The defined area meets Criteria 2 in Section AE-1.2.1 above.

*See memorandum to Ventura Staff from John Dixon, 2003 (California Coastal Commission): Designation of ESHA in the Santa Monica Mountains. March 25, 2003.

d.

Habitat Connectivity Corridors. A habitat connectivity corridor is an area of contiguous natural habitats of sufficient width to facilitate the movement, migration, foraging, breeding, and dispersal of multiple animal or plant species between two (2) or more core habitat areas. These areas provide important ecological functions such as seed and wildlife dispersal or pollination, a connection for species with limited mobility to other wildlife sub-populations, and escape routes for species during a wildfire or drought conditions. Habitat connectivity corridors are defined at regional and local planning scales as follows:

1.

Regional Habitat Connectivity and Wildlife Corridors. Regional scale corridors link large protected core habitats across the Counties of Ventura, Los Angeles, Santa Barbara, and Kern. The two (2) regional-scale corridors in the coastal zone are the Ventura River and the Santa Clara River. These corridors contain large, relatively intact vegetation communities that link remaining undeveloped coastal areas to large protected core habitats in the Los Padres National Forest and the Sierra Madre Mountain Range. These two (2) regional corridors are necessary to the long-term health of remaining core habitat areas in the coastal zone. The geographic extent of a regional corridor shall be based on: (i) regional maps adopted by the Board of Supervisors; or (ii) the combination of the wet environment and its buffer zone, whichever is greater.

2.

Local Corridors. The local habitat connectivity corridor is a smaller-scale linear area that contains specific habitats and landscape features that are frequently used for plant dispersal and wildlife movement. The first type of local corridor occurs within linear wet environments (e.g., streams, elongated estuary or wetland). The second type of local corridor provides linkages between adjacent headwater streams (see Figure AE-1.2.3 and Figure AE-1.2.4).

==> picture [419 x 215] intentionally omitted <==

==> picture [419 x 190] intentionally omitted <==

Ridgeline corridors are defined using two (2) criteria: (i) The ridgeline must serve as a boundary between subwatersheds using the highest USGS Hydrologic Unit Code (HUC) available to define subwatershed boundaries; and (ii) the delineated stream buffer zones from the adjoining watersheds must be in reasonable proximity to one (1) another on the ridgeline (approximately one thousand (1,000) feet). The geographic extent of a local corridor shall be based on the following:

i.

For a linear wet environment, the minimum width of a local corridor shall be three hundred thirty (330) feet or the combined width of the ESHA wet environment and its buffer zone, whichever is greater.

ii.

For a ridgeline corridor, the minimum width shall be three hundred thirty (330) feet (see area shaded in red, Figure AE-1.2.4). The corridor shall be delineated using the following guidance: 1) the centerline of the ridgeline corridor shall follow the drainage pathway* of each headwater stream to the top of the ridgeline (where the slope levels off—see dotted navy blue line in diagram above); and 2) the centerline of the corridor shall then follow the shortest distance between the headwater streams at the top of the ridgeline. In Figure AE-1.2.4, the

topography levels at the dirt road, where then a direct link is made to the centerline of the wet environment buffer zone from the adjoining subwatershed.

iii.

Adjustments to the width of a local corridor may be approved based on the recommendation of the Planning Staff biologist or County contracted qualified biologist if substantial evidence provided that shows that width adjustments will not adversely impact the function of the habitat connectivity corridor due to species requirements supported by the habitat type/area; quality or type of habitat within and adjacent to the habitat connectivity corridors, presence of chokepoint, topography, and land use within or adjacent to the corridor.

*The pathway that water would travel down the slope of the mountain.

e.

Native Grassland Habitat. Native grassland habitat consists of perennial native needlegrasses: purple needlegrass, (Nassella pulchra), foothills needlegrass, (Stipa lepida) and nodding needlegrass (Nassella cernua) in addition to associated native forb species (e.g., golden-stars (Bloomeria crocea)) as well as non-native annual species that are characteristic of California annual grassland. Native grassland habitat ESHA determinations are made on a case by case basis as they must take into consideration several factors— including patch size, number of patches/level of habitat fragmentation, connectivity of patches, connectivity to other ESHA, and the nature of adjacent habitat (level of disturbance, ESHA classification). Areas supporting ten (10) percent or more native grassland species cover (including both grasses and forbs) have typically been defined as native grassland habitat by the CNDDB, but areas with a lower percentage of native cover may also be considered native grasslands based on assessment of the above factors. See Section AE-1.3.2(g)(6) for additional information on the delineation of native grassland communities.

f.

Oak and Native Woodland Habitats. Coast live oak woodland occurs mostly on north slopes, shaded ravines and canyon bottoms. Besides the coast live oak, this plant community includes holly leaf cherry (Prunus ilicifolia), California bay laurel (Umbellularia californica), redberry (Rhamnus crocea), and poison oak (Toxicodendron diversilobum). California black walnut (Juglans californica) and other native tree (e.g., California bay laurel (Umbellularia californica), sycamore (Plantus spp.), alder (Alnus spp.) are common native woodland species. While these woodland habitats are most often components of riparian habitats, they also occur in mesic conditions found in pockets, canyons, and west, north-west, and/or north-east facing slopes.

g.

Rock Outcrop Habitats. Rock outcrop habitats are exposed rock areas that support a distinctive and unique flora including lichens, spikemoss (Selaginella sp.), liverworts, and rare or regionally-restricted plant taxa found in few parts of the coastal zone, including Santa Susana tarplant (Deinandra minthornii), several species/subspecies of live-forever (Dudleya spp.), Wright's buckwheat (Eriogonum wrightii var. membranaceum), silverleaf trefoil (Lotus argophyllus) and others. Rock outcrops serve as refugia for various sensitive and localized native plants and animals and are found on the County's north coast and in the Santa Monica Mountains.

h.

Wet Environments. A wet environment is associated with the presence of water, either perennially, intermittently, or ephemerally. Wet environments include wetlands, rivers, lakes, streams, estuaries, lagoons, seeps, springs, and the vegetative communities associated with these physical settings. Wet environments do not include beaches that abut the sea, except where the beach includes an estuary, lagoon or wetland.

1.

Wetlands. A wetland is defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes. Some types of wetlands lack vegetation, and the soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. (14 CCR Section 13577). This definition requires evidence of a single parameter to establish wetland conditions. See Section AE-1.3.2(g)(8) for additional information on wetland delineation.

Conversely, a wetland created by the presence of (and associated with) agricultural ponds and reservoirs, where the pond/reservoir was constructed by a farmer/rancher for agricultural activities, is not defined as wetland unless there is evidence (e.g., aerial photographs, historical survey) showing that the wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes are not considered wetlands.

2.

Seeps or Springs. Seeps and springs are small, discrete communities with their own associated flora and fauna, including numerous specialized ferns, wildflowers, invertebrates, and amphibians (especially salamanders). Their component species differ according to the surrounding plant communities. For example, seeps in shady oak woodlands will support different species than seeps in arid chaparral. While some of these habitats could be maintained or augmented by anthropogenic water sources, in general these habitats are treated as fully natural features. Important springs microhabitats include: cave environments, wet walls, madicolous (fast-flowing water) habitats, hyporheic (saturated subfloor) habitats, open-water pools, spring streams (including those partially or more completely dominated by surface flow), wet meadows, riparian habitats, waterfall spray zones, and barren rock habitats adjacent to springs. Due to their small size, seeps and springs are rarely identified on certified ESHA maps and must be identified during the site-specific mapping process. See Section AE-1.3.2(g)(8) for additional information on seep or spring delineation.

3.

Vernal Pools. A vernal pool is a habitat typically inundated by shallow water during the wet season and dry during the warm season. Vernal pools are most common on coastal terraces where there is a seasonally perched water table or impenetrable clay or hardpan soil. They hold water long enough to allow some purely aquatic organisms to grow and reproduce, but not long enough to permit the development of a typical wetland ecosystem. Many vernal pool species are found only in vernal pools. All species that occur in vernal pools must be able to tolerate a wide range of conditions and grow/reproduce in a short time frame. Vernal pool species include but are not limited to blue-eyed grass (Sisyrinchium bellum), red maids (Calandrinia ciliata), California tiger salamanders (Ambystoma californiense), and invertebrates such as fairy shrimp (Anostraca spp.). See Section AE-1.3.2(g)(8) for additional information on vernal pool delineation.

Streams/Creeks. A topographic feature that periodically (intermittent or ephemeral) or continuously (perennial) conveys water through a bed or channel. This term also applies to watercourses having a surface or subsurface flow that support or have supported riparian or alluvial vegetation. See Section AE-1.3.2(g)(8) for additional information on stream delineation.

5.

Vegetative Communities for Wet Environments.

i.

Riparian Habitat: The transitional habitat between terrestrial and aquatic ecosystems located adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines. Riparian habitat is distinguished by gradients in biophysical conditions, ecological processes, and biota, where surface and subsurface hydrology are connected to the terrestrial system. In the Ventura County coastal zone, riparian habitat includes all vegetation (canopy and understory species) associated with a creek or stream or other waterbody including, but not limited to, sycamore (Platanus racemosa), coast live oak (Quercus agrifolia), black walnut (Juglans californica), white alder (Alnus rhombifolia), Fremont cottonwood (Populus fremonti), black cottonwood (Populus trichocarpa), mulefat (Baccharis salicifolia), arroyo willow (Salix lasiolepis), red willow (Salix laevigata), blackberry (Rubus ursinus), California mugwort (Artemisia douglasiana), and Mexican elderberry (Sambucus Mexicana). Where chaparral and/or coastal sage scrub occur within or adjacent to creeks or streams and function as riparian habitat, the area is considered to be riparian habitat or alluvial scrub (see below).

ii.

Alluvial Scrub Habitat: This vegetation community occurs on drainages and outwash fans at elevations that range between sea level and one thousand eight hundred (1,800) meters. It is typically found on coarse-grained recent-alluvial soils near flood channels in areas that are occasionally or rarely inundated. Examples of soils that support alluvial scrub communities in Ventura County may include the following soil series: Anacapa, Corralitos, Cortina, Garretson, Gaviota, Hueneme, Metz, Moco, Pico, Riverwash, Sorrento, Vina, Zamora, and Sandy Alluvial Land. Soils supporting alluvial scrub drain rapidly, have slow runoff, and contain low amounts of organic matter. These areas typically do not support extensive hydrophytic (i.e., wetland) vegetation because of the scarcity of surface water for much of the year. Alluvial scrub is made up predominantly of phreatophytes*, where the dominant species is scalebroom (Lepidospartum squamatum). Alluvial scrub also shares many of the same species with coastal sage scrub and chaparral habitats because of the ephemeral hydrology associated with these systems. Other shrubs present may include California sagebrush (Artemisia californica), big sagebrush (Artemisia tridentata), redberry (Rhamnus crocea) mountain mahogany (Cercocarpus montanus var. glaber), bladderpod (Isomeris arborea), brittlebush (Encelia farinosa), California buckwheat (Eriogonum fasciculatum), burrobush (Hymenoclea salsola), chaparral yucca (Yucca whipplei), thick-leaf yerba santa (Eriodictyon crassifolium), Deerweed (Acmispon glaber), Mulefat (Baccharis salicifolia), Poison oak (Toxicodendron diversilobum), prickly pear cactus (Opuntia spp.), and sugar sumac (Rhus ovata). Emergent individuals of Western Sycamore (Platanus racemosa), Southern California black walnut (Juglans californica var. californica), Fremont Poplar (Populus fremontii), laurel sumac (Malosma laurina), lemonade berry (Rhus integrifolia), and Mexican elderberry (Sambucus Mexicana) may be present. Periodic disturbances such as floods and fires remove shrubs and trees. If stands are not disturbed for a long period of time, emergent trees gradually take over this shrubland.

*Plants that send their roots down to a (relatively) shallow ground water table.

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

AE-1.3 - Coastal Initial Study Biological Assessment. AE-1.3.1 - General requirements.

This section contains a detailed description for the required contents and procedures for a site-specific environmental assessment in the coastal zone, called a Coastal Initial Study Biological Assessment (CISBA). A CISBA that meets the standards of this section is required for proposed development that is subject to the ESHA regulations in CZO Section 8178-2 (see Section 8178-2.2). The CISBA must be completed by a qualified biologist. As required by CZO Section 8178-2.3(a), the CISBA shall include a site-specific ESHA map and an analysis of all potentially adverse direct, indirect, and cumulative impacts on ESHA resources. When preparing the site-specific ESHA map, the biologist shall utilize the ESHA identification requirements in CZO Section 8178-2.4, as well as the more detailed ESHA identification requirements in Appendix E1, Section AE-1.2. Utilizing the best available science, the qualified biologist shall provide substantial evidence that supports ESHA determinations and the mapped location and extent of ESHA. Finally, the CISBA shall include information that provides a factual basis for the least damaging alternative analysis (see CZO Section 81782.3(b)), which is required for all projects that will potentially result in adverse impacts to ESHA or buffer zone.

a.

Required CISBA Components. The CISBA report shall include all the components listed below. All CISBAs received shall be organized and formatted in the following order, where all components of the document clearly depict the requested information (i.e., maps, tables, references). See Section AE-1.3.2 below for detailed information on these CISBA components:

•

Report Summary

•

Introduction (*)

•

Existing Physical and Biological Conditions (*)

•

Permit History

•

Removed or Degraded Vegetation

•

List of Potential ESHA and Species (*)

•

Field Surveys/Maps (*)

•

Site-Specific ESHA/Buffer Zone Map (*)

•

ESHA Impact Analysis

•

ESHA Mitigation Summary

CISBA components that will be used during the preparation of the least damaging alternatives analysis are indicated with an (*). See CZO Section 8178-2.3(b) for more information on the least damaging alternatives analysis. See AE-1.3.2(g)(2) below for information on field survey and mapping requirements for the least damaging alternatives analysis and AE-1.3.3(b) for fuel modification zone documentation.

b.

Geographic Extent of CISBA. The geographic area covered by a CISBA shall be adequate to conduct the sitespecific environmental assessment; determine all potentially adverse direct, indirect and cumulative impacts to ESHA resources; and confirm that the proposed project represents the least damaging alternative. The geographic scope varies for different components of the CISBA. For example, the permit history, record of unpermitted impacts, and list of potential ESHA and species shall be provided for the entire legal lot. The geographic extent of a cumulative impact analysis extends beyond the boundary of the 500-foot general survey area and usually includes either the watershed or biogeographical area. However, the geographic extent of field surveys/maps will depend on the size of the development envelope and the type/location of the biological resource. For more detailed information on the required geographic extent of field surveys and maps, see Section AE-1.3.2(g)(1).

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

AE-1.3.2 - Required content of CISBA components.

a.

Report Summary. This section will be written as an "executive summary" of the CISBA and will include a condensed synopsis of the findings of the report. The length of the report summary depends directly on the nature and complexity of the biological resources within the survey area, the potential impacts of the proposed project, the measures that will be implemented to avoid and minimize those impacts, and how unavoidable adverse impacts will be mitigated pursuant to CZO Section 8178-2.10.

b.

Introduction. The introduction shall describe the proposed project and provide information on existing and historical uses or development on the subject property. The format of the report is as follows:

Project Site Information. Address; Assessor Parcel Number (APN); land use regulations (General Plan designation, Area Plan designation, Zoning classification); and size of the project site.

2.

Contact Information. Names, phone numbers and addresses of the property owner, applicant, and project consultants.

3.

Report Preparation Details. The dates, names, and qualifications of the persons preparing the report.

4.

Statements. Provide a statement specifying the accuracy of the report. If applicable, provide a statement that defines areas where the County should alter the official ESHA map during an LCP amendment process.

5.

Project Summary. A description of the proposed project, identification of the type of permit requested, list of any previous permits issued for the property (see permit history). The description of the project shall contain a description of the approximate size and purpose of all proposed development. Include details such as disturbance area (i.e., the total area of the proposed development envelope, as well as subsets for size of building site and size of fuel modification zone), grading volumes and areas, stormwater best management practices (BMPs), parking and staging areas, roads (and associated fire hazard brush clearance areas), fire department turnarounds, utility infrastructure (water wells, pipelines, and septic fields and setbacks), agricultural operations and cultivation species (includes garden areas), confined animal facilities, fences, and outdoor lighting (when applicable). See Section AE-1.3.3 for related map/data requirements. Provide a general timeline of construction and maintenance tasks, including heavy equipment needed for each task.

c.

Existing Physical and Biological Conditions. Information on regional and local site conditions shall be provided using historical/current aerial photographs, site specific survey maps, as well as photographic documentation. Refer to Section AE-1.3.3 for related map/data requirements for the subsections below. The CISBA shall include necessary information regarding the local and regional context of the proposed project, including the following:

1.

Regional Context. Description and map(s) of the regional features showing the project location, including watershed boundaries, wet environments, wetlands, ESHA, existing mapped sensitive species (Section 1.3.2(f)), existing adjacent land uses and development, habitat connectivity to protected conservation areas and all roads. The map shall depict the location of any mature tree stands one thousand (1,000) feet from the edge of the proposed development envelope (Section AE-1.3.2(g)(1)(iii)). For regional extent of the cumulative impact evaluation, see Section AE-1.3.2(i)(6) below.

For proposed land divisions only. All lot sizes (or parcel sizes if the legal lot status is unknown) shall be identified within a quarter-mile radius from the edge of the subject lot. To determine whether a proposed land

division meets the rural land division criteria of Section 30250 of the Coastal Act, also provide a calculation of the median size of the existing lots within the quarter-mile radius.

2.

Physical Characteristics. A description, maps and photos of the physical characteristics (e.g., topography, soil types/disturbance, slope orientation) or prominent features (e.g., rock outcroppings, caves, cliff faces, drainages) of the project site (i.e., the legal lot) that may be important for unique biological conditions on the site.

3.

Biological Conditions. Provide a site description with accompanying maps and photos of the overall habitat quality on the subject property (the current capacity of ESHA serving its natural function within the ecosystem) that includes the following information: disturbance history (removed or degraded vegetation, fire frequency and history, soil disturbance (Section AE-1.3.2(d)—(f)), results of site specific mapping of vegetative communities (including the presence/density of invasive or invasive watch list plant species (Section AE1.3.2(f)-(h)), ESHA types, man-made or natural barriers or chokepoints to species movement proximity to wildlife/habitat corridors, and the connectivity to surrounding offsite core habitats and connectivity corridors.

d.

Permit History. Provide a list and summary of all permits, including permit numbers, for previously authorized development on the project site. Include a written summary, maps, and a tabular/quantitative summary of ESHA removed, degraded or altered through permitted development (see below). Also provide documentation that shows whether compensatory mitigation was provided for the impacted area.

e.

Removed or Degraded Vegetation. Summarize and map all ESHA that was removed, degraded or altered on the lot. This includes all ESHA altered without legal documentation, as well as, ESHA altered from legally established development (See Section 8178-2.4.2 and Subsection (d) above). Within the discussion, include a tabular/quantitative summary of ESHA impacted. The tabular information shall identify the habitat type/category, acres impacted, year of impact, and if area has grown back to the pre-disturbance vegetative community (only areas with no soil disturbance/grading/invasives or invasive watch list plant species). To determine the extent and type of ESHA present before disturbance, the applicant shall provide a legible depiction of historic aerial images of the site, database searches, the results of site-specific surveys on and adjacent to the subject parcel, and other available evidence.

f.

List of Potential ESHA and Species.

1.

Before conducting the field survey(s) (see AE-1.3.2(g)), the qualified biologist shall review and prepare a comprehensive list of all ESHA and special status habitats/species that could occur on the project site. Provide a brief summary of the potential ESHA and special status habitats/species on the project site in the body of the report and include the comprehensive list previously prepared as an appendix to the CISBA. The comprehensive table shall contain the following:

i.

Recommended survey date(s) for each potential, special-status species on the project site (see Section AE1.3.2(g)(3)).

ii.

Protection status;

iii.

Habitat requirements; and

iv.

Likelihood of its occurrence on-site given the physical and biological conditions (non, low, moderate, high, or observed). For observed species, provide the number of each species observed (see Section AE-1.3.2(g)(2)).

2.

Existing, mapped biological information shall be supplemented with evidence or data from other published sources that include the following:

i.

CDFW RareFind, California Natural Diversity Database (CNDDB), Natural Communities List;

ii.

USFWS National Wetland Inventory Database (NWI), USGS National Hydrographic Dataset, and California Rapid Assessment Method field results in EcoAtlas;

iii.

Watershed Protection District Data;

iv.

Mapped Habitat Connectivity and Wildlife Corridors;

•

Ventura County Habitat Connectivity and Wildlife Corridor;

•

Data Basin Climate Resilient Connectivity Prioritized Linkage Network;

v.

Vegetation Classification of the Santa Monica Mountains National Recreation Area and Environs (see CZO Section 8178-2.4.1(j) for list of habitat and sensitive species categories);

vi.

USFWS Critical Habitat, Environmental Conservation Online System (ECOS) and Information, Planning, and Conservation System (IPaC);

vii.

Audubon Important Bird Areas;

viii.

Ventura County Locally Important Species List;

ix.

California Native Plant Society Inventory of Rare and Endangered Plants of California;

x.

Xerces Society and Audubon Red Lists; and

xi.

Site-Specific Environmental Assessments (CISBA) for abutting or adjacent properties (when applicable).

3.

Some sensitive species may only occur after fires, in certain soils, elevations, etc. Therefore, the following additional sources are recommended to help determine the suitability of the site for the potential presence of listed species:

i.

USGS Web Soil Survey;

ii.

California Fire Plan, the Fire and Resource Assessment Program (FRAP) Fire Perimeter Data; and

iii.

USGS GAP Analysis Program (GAP) GIS Datasets.

g.

Field Surveys and Maps. This Section identifies the information required for field surveys and related maps within the CISBA. It includes information on the geographic extent of biological field surveys, the timing of field surveys, and survey/mapping requirements for specific types of wildlife/habitats. The qualified biologist shall use a GPS to map all species/plant communities present within the survey area. Refer to Section AE-1.3.3 for detailed map/data requirements for mapping standards and other data requirements for subsections (1)—(9).

1.

Geographic Extent of Field Surveys/Maps. All biological field surveys shall be conducted within a minimum of 500-feet from the edge of the proposed development envelope.* Additional information, and exceptions to the

500-foot standards, are provided as follows:

*See definition for development envelope in Article 2. It includes on-site and off-site development.

i.

Additional Surveys/Maps for Least Damaging Alternative Analysis. General floristic mapping of all ESHA plant communities shall be conducted for all portions of the subject lot that lie outside the required 500-foot survey area. Such mapping shall be completed using available GIS vegetation maps, aerial photographs, and other available information (see Section AE-1.3.2(f) for a list of available resources). At the request of the Planning Staff Biologist or County contracted qualified biologist, the qualified biologist preparing the CISBA shall conduct a field visit to ground-truth mapped vegetation data. Refer to Section AE-1.3.2(g)(8) for surveying wet environments or wetlands partially/fully located off-site within the survey area.

ii.

Survey Data for Off-Site Locations. When a portion of the survey area lies outside the property, a field survey of that area is not required if the land is privately-owned or is publicly-owned but not accessible. For such areas, an assessment and map of biological conditions shall be conducted based on a visual survey with binoculars and a review of aerial photographs, biological assessments prepared for permits processed on

abutting/adjacent properties, and habitat/wildlife information available from federal/state/local natural resource agencies;* and

*Examples of such resources include the National Park Service vegetation maps, Ventura County and other GIS data available for soils and slopes, wildlife tracking GIS data, monarch butterfly overwintering sites, and California Natural Diversity Database.

iii.

Monarch Overwintering Roosts. When suitable Western monarch butterfly overwintering habitat is within one thousand (1,000) feet of a proposed development envelope, two (2) targeted monarch butterfly overwintering surveys each conducted by a different qualified biologist shall be required for all habitat that has the characteristics of a suitable roost site (see Section AE-1.3.2(g)(4)(iv)(below)). Suitable habitat includes trees that provide shelter from storms or prevailing winds, with nearby water and nectar sources in fall/winter.

iv.

Expanded Fuel Modification Zones for Existing Development. A biological field survey shall be required for an expanded fuel modification zone for existing development. The geographic extent of the survey area shall include a 100-foot radius beyond the extended fuel modification zone.

2.

Field Survey Results. The qualified biologist carrying out the field survey(s) shall identify, characterize, and delineate all site characteristics and ESHA that may be found in the site area based on the list of potential species (e.g., rare plants, bat, insects, and birds). All field surveys shall be conducted in accordance with the requirements of this section, and field survey results shall include the following information:

i.

A table that contains the recommended protocol detection dates to conduct the species/habitat survey(s), the survey date and time (start/end), acreage surveyed, name of County-approved biologist and conducting the surveys;

ii.

A map depicting the area surveyed and survey route;

iii.

A discussion of all field methods employed, including the methods for formal protocol surveys, and survey methods used to detect special-status species or sensitive plant communities. Constraints on the accuracy of the report (e.g., wrong season, time-of-day) should be explicitly discussed;

iv.

A map depicting the area surveyed, all vegetation sampling locations and survey route.

v.

ESHA delineation/mapping products (include location of rare plants, nests, burrows, dens, colonial roosts), site condition assessments (include vegetation communities, soil disturbance, wildlife barriers, chokepoints, connectivity features), photographs/videos associated with field surveys, shall be used to prepare the following maps and discussions: Section AE-1.3.2(a) Executive Summary, (c) Existing Physical and Biological Conditions, (e) Removed or Degraded ESHA, (f) List of Potential ESHA and Species, (h) Site-Specific ESHA Map, (i) ESHA Impact Analysis, (j) ESHA Mitigation Analysis, and Appendix E2, AE-2.5(b)(2) ESHA Vegetation Management Plan.

vi.

If special status species or vegetation communities are observed, copies of the CNDDB California Native Species Field Survey Forms, Combined Vegetation Rapid Assessment and Releve' Field Forms, and/or a California Natural Community Field Survey Form shall be sent to CDFW and included in the CISBA.

vii.

Color photographic or video documentation of the existing condition of the proposed development envelope, rare plants, and other noteworthy features (Appendix E1, AE-1.3.3; Appendix E2, AE-2.4(b)(2)).

3.

Field Survey Timing. At least one (1) field survey shall be conducted for the CISBA. While field surveys are typically conducted in the spring, the number/timing of field surveys is dependent upon the types of potential special status species that may be found on the site (see AE-1.3.2(f)), and more than one (1) field survey is often required due to different blooming periods, migration arrival times, and breeding seasons. Wildlife surveys shall not be conducted during periods of excessive cold, heat, wind, rain, or other inclement weather that individually or collectively reduces the likelihood of detection. To avoid project delays, consultation with the Planning Staff Biologist or County contracted qualified biologist is recommended, as the County may determine that one (1) or more additional surveys are required based on a site visit and/or the following criteria:

i.

The likelihood that the detection window for special status plant/bryophyte communities, such as rare native annuals, is limited to a particular time of year or during a year following normal/high rainfall. In successive dry years, requirements associated with yearly rainfall will be evaluated on a case-by-case basis. CDFW's most recent protocol(s) for surveying for rare plants, (Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities) shall be followed when conducting surveys for special status plant/bryophyte communities. If special status plants are discovered, they shall be avoided.

ii.

To detect rare invertebrate species (e.g., terrestrial snails (Helminthoglypta), monarch butterfly (Danaus plexippus) or Crotch bumblebee (Bombus crotchii)), surveys shall be conducted during the flowering period of flowers on which the invertebrates depend or when microsite characteristics (e.g., shelter from prevailing wind, temperature, nectar, water) may support habitat use during the overwintering season;

iii.

Presence of year-round water (i.e., surface water in the dry season (late summer/fall)) rock outcrops, vegetation containing large woody debris, chaparral, etc. that are capable of providing habitat for sensitive amphibians and reptiles (e.g., coast range newt (Taricha torosa torosa), California red-legged frog (Rana draytoni), California Glossy Snake (Arizona elegans occidentalis), San Diego Mountain Kingsnake (Lampropeltis zonata pulchra), or southwestern pond turtle (Actinemys pallida));

iv.

During drought years, schedule site visits for the identification of ephemeral wet environments during the rainy season. Historic aerial photographs also may be used to aide in the identification of wet environments, particularly during multi-year drought periods. See Section AE-1.3.2(g)(8)(iii) below.

v.

Arrival of special-status nesting birds that would be possible to detect only during specific times during spring/early summer (e.g., yellow warbler (Setophaga petechia), summer tanager (Piranga rubra), yellowbreasted chat (Icteria virens), or Least-Bell's vireo (Vireo bellii pusillus));

vi.

Survey timing for sites containing appropriate habitat for roosts used by special-status bats (e.g., Western Mastiff Bat (Eumops perotis), Mexican Long Tongue Bat (Choeronycteris mexicana), or Pallid Bat (Antrozous pallidus)); and

vii.

Survey timing for sites containing appropriate foraging habitat for raptors during winter and early spring migration period (e.g., northern harrier (Circus cyaneus), golden eagle (Aquila chrysaetos), sharp-shinned hawk (Accipter striatus) or peregrine falcon (Falco peregrinus)).

viii.

When an expanded fuel modification zone is proposed, pre-disturbance vegetation surveys for the expanded fuel modification zone shall be conducted when vegetation growth is at its greatest density (e.g., March— June). This survey may be combined with the general floristic mapping required for the site-specific ESHA map.

Surveys for Special Status Species. Additional surveys shall be conducted to determine the presence of any special status species with the potential to occur on the site as follows:

i.

For certain special status species that potentially occur on site, state or Federal agency protocol surveys are required for the species (consult California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), Xerces Society, US Forest Service (USFS), etc.).

ii.

Where trees suitable for nesting or roosting or significant foraging habitat are present, the biologist should search for evidence of sensitive bird species and raptor use. If there is independent evidence of significant sensitive bird species or raptor use on or near the property, formal protocol survey(s) shall be conducted using the most recent raptor protocol surveys* (USFWS or CDFW protocols for similar genus, USFS, etc.).

*USFS Multiple Species Inventory and Monitoring Technical Guide, Gen. Tech. Report WO-73 August 2006.

iii.

A daytime bat assessment that identifies the presence of on-site sensitive bat species roosts shall be required when the distribution and range of a sensitive bat species coincides with the site location and the site contains suitable habitat to support such species (e.g., water sources, trees with cavities, shedding bark, rock faces with cracks). If the daytime assessment identifies evidence of on-site bat roosts (e.g., guano piles, urine stains), additional bat surveys (e.g., acoustic detection) are required during bat activity periods for sensitive bat species. Provide photographs of confirmed roost sites and surrounding habitat in the four (4) cardinal directions.

iv.

Surveys to identify overwintering roosts for monarch butterflies shall be required when the site contains suitable habitat to support such species (e.g., shelter from storms/prevailing winds, nearby water, fall/winter nectar source). Monarch butterfly habitat includes the clustered trees that monarchs use as roosts as well as surrounding trees/shelter that influence the microclimate of the grove. If an initial assessment identifies potential monarch overwintering habitat within one thousand (1,000) feet of the proposed development, then two (2) surveys shall be conducted by two (2) different qualified biologists to account for seasonal or annual differences in environmental conditions at the microsite level (e.g., wind, temperature, humidity). Conduct the first survey during the first half of the overwintering season (e.g., November), and conduct the second survey during the second half of the season (e.g., January). Provide photographs of confirmed overwintering roost sites and surrounding habitat in the four (4) cardinal directions.

v.

Surveys to detect the presence of special status reptile species shall be conducted during appropriate weather conditions (e.g., cool and sunny; or overcast and warm). If applicable to the site, evening road surveys shall be conducted during appropriate weather conditions such as after a warm day (crepuscular/nocturnal snakes).

Survey/Mapping of Rare Plant Populations and Plant Communities. Plant communities and rare plant populations shall be inventoried and mapped using a GPS for all the habitat/plant community types. Rare plant populations and association level vegetation mapping shall be conducted using the most recent versions of California Native Plant Society (CNPS) "Guidelines for mapping rare vegetation" and California Department of Fish and Wildlife's (CDFW) "Survey of California Vegetation Classification and Mapping Standards. A description, tables, maps, and photos depicting vegetation onsite shall include the following:

i.

A map and photos that document all rare plant populations using the State Vegetation Classification System maintained by the Vegetation Classification and Mapping Program of CDFW, described in the Manual of California Vegetation by Sawyer et al. 2009 or subsequent editions;

ii.

An association-level vegetation map that highlights the location and identification of invasive or invasive watch list plant species on the site as defined by the California Invasive Plant Council, CDFW, US Department of Agriculture (USDA), and US Geological Survey (USGS);

iii.

A table containing all plant associations and rare plant species present onsite and their acreages or population numbers (see Section AE-1.3.2(f);

iv.

Description and photos of the ecological context of the plant community in terms of species diversity, structure (seral stage), overall condition (i.e., disturbance type, burned, intact, diseased density and distribution of invasives or invasive watch list plant species, and level of connectivity (on-site and off-site) to adjoining ESHA. The overall condition of the plant community will include an analysis of the frequency of wildfires affecting the proposed development site that includes the length of time since the last burn and the impact of fire on the natural habitat on site;

v.

The qualified biologist/botanist shall use a GPS to map all the habitat/plant community types present within the survey area.

vi.

The location of plant communities using aerial photography interpretation or other methods defined in Section AE-1.3.2(g)(1) above for the following: (i) on-site areas that lie; and (ii) off-site areas that lie within the survey area;

vii.

For proposed development that will have an expanded fuel modification zone, the density of the ESHA vegetation communities (association level) shall be measured using the most recent version of the California Department of Fish and Wildlife—California Native Plant Society Protocol for the Combined Vegetation Rapid Assessment and Releve' Field Form and percent cover diagram, as may be amended. A description and

photos/videos shall depict the density of the plant community and the location of the sampling quadrats using the most recent aerial photos with respect to the sampling date; and

viii.

Vegetative sampling units shall be defined using the standards in Section AE-1.3.2(g)(6) below.

ix.

Results of inventory and mapping shall be presented in appropriate tables and discussions outlined in Section AE-1.3.2(g)(2).

6.

Survey/Mapping of Grassland Communities. Grassland communities shall be inventoried and mapped by species composition using the most recent version of CDFW-CNPS Sampling Protocol for the Combined Vegetation Rapid Assessment and Releve' Field Form and CDFW's "Survey of California Vegetation Classification and Mapping Standards to map native grassland and forb habitat. The minimum width of the mapping polygons depends on the project size but is generally no less than thirty (30) feet. Results of inventory mapping shall be presented in appropriate tables and discussions outlined in Section AE-1.3.2(g)(2).

7.

Survey/Mapping of Protected Trees. An inventory and health assessment shall be prepared for all protected trees, including those classified as ESHA (see requirements in Section 8178-7.8). Results of inventory mapping shall be presented in appropriate tables and discussions outlined in Section AE-1.3.2(g)(2).

8.

Survey/Delineation of Wet Environments. All wet environments shall be mapped (see Section AE-1.3.2(g)(3)(iv) for survey timing during drought years), along with mapped information for topography, soils, and vegetation between the proposed development and the wet environment. If the wet environment is partially/fully located off-site and will not be directly impacted by the project, mapping of the wet environment may occur using aerial imagery at the 1":200' or greater resolution. Initial identification of a wet environment can occur using the National Hydrography Dataset (NHD) from USGS in conjunction with USFWS National Wetland Inventory. However, the NHD may not accurately reflect the total extent of ephemeral or intermittent streams, as it does not include stream segments less than one (1) mile in length, combines intermittent and ephemeral streams, and is based on 1:100,000 scale topographic maps. The NHD dataset should be supplemented with the most recent guidance documents used to delineate wet environment features as follows:

i.

The technical guidelines and methods of the 1987 Army Corps of Engineers Wetland Delineation Manual and the 2008 Arid West Supplement shall be used to delineate wetlands. U.S. wetland delineations must be conducted per the definitions of wetland boundaries contained in Section 13577(b) of Title 14 of the California Code of Regulations where the presence of hydrophytic vegetation, hydric soils, or hydrology may classify it as a wetland. The delineation maps shall be prepared using the standards for wet environments listed below. When delineating vernal pools, seeps, springs, estuaries, and lagoons, use the same guidance documents as those cited for wetland delineations, supplemented with technical guidance provided by the USFWS Cowardin Classification System.

ii.

Stream features shall be identified through CDFW's "A Review of Stream Processes and Forms in Dryland Watersheds"* and a delineation and map that is prepared in conformance with the California Energy Commission's Appendix G: Field Guide to Mapping Episodic Stream Activity (MESA) (12/18/2014).

*The CZO definition of stream does not include the historic flow regime as described in this document.

iii.

The delineation survey report shall include (at a minimum):

•

A map at a scale of 1":200' or greater resolution with polygons delineating all wet environments, polygons delineating all areas of vegetation with a preponderance of wetland indicator species, and the location of sampling points; and

•

A description of the surface indicators used for delineating the wetland polygons. Paired sample points will be placed inside and outside of vegetation polygons and wetland polygons identified by the consultant doing the delineation.

•

Seasonally timed photographs of wetland features.

•

Results of inventory mapping shall be presented in appropriate tables and discussions outlined in Section AE1.3.2(g)(2).

9.

Measurements for Buffer Zones. Buffer zone widths shall be measured from the outer extent of the ESHA vegetation or as follows:

i.

Riparian Areas: The outer edge of the cover of riparian vegetation community, or the outer edge of the bank of the subject stream if riparian vegetation is not present.

ii.

Alluvial Scrub: Edge of alluvial soils located on alluvial fans, alluvial valley slopes, stream deltas, and along stream bottoms.

iii.

Native Woodland: The outer edge of the woodland tree canopy stand.

iv.

Wetland: The upland limit of wetland habitat. In the case of wetlands without vegetation or soils, the setback shall be the boundary between land that is flooded or saturated at times (during years of normal precipitation) and land that is not.

v.

Rocky Outcrops: The outer extent of the plant community supported by the rocky outcrop habitat.

vi.

Protected Parkland/Open Space: The outer edge of the boundary for parkland/open space areas acquired by natural resource agencies or conservation organizations for habitat protection.

h.

Site-Specific ESHA and Buffer Zone Map. A site-specific map of all ESHA and buffer zones shall be provided that includes illegally removed ESHA and buffer zone locations. The map shall be based on field survey results (see subsection (g) above) and LCP standards for site-specific maps (see CZO Sections 8178-2.3 and 81782.4). If applicable, also provide a written justification, based on substantial evidence, to support the following ESHA determinations made when preparing the site-specific map:

1.

Extent of ESHA based on the evaluation of legally removed or degraded vegetation (see subsection (e) above);

2.

Revisions to the mapped extent of ESHA on an adopted ESHA map in the Coastal Area Plan; and

3.

Revisions to the mapped extent of ESHA due to natural disaster, when determined pursuant to CZO Section 8178-2.4.2.

The Planning Staff Biologist will conduct a site visit to confirm the conclusions of the proposed classification or reclassification of ESHA within the site-specific ESHA map.

i.

ESHA Impact Analysis. The CISBA shall contain a discussion and analysis of all unavoidable direct, indirect, and cumulative adverse impacts to ESHA that would result from the implementation of the proposed project. Information required to support the discussion and analysis within this subsection is detailed in Section AE1.3.). For each ESHA species/vegetative community observed (see Section AE-1.3.2(f) and (g)(2)), discuss and analyze the potential for adverse impacts to any ESHA as follows:

1.

Based upon the project description in Section AE-1.3.2(b), and the biological and physical characteristics of the site (Section AE-1.3.2(c)), discuss and analyze all direct impacts to observed ESHA that may: reduce a population (mortality or injury/damage); reduce a habitat (vegetation removal or degradation); increase habitat

fragmentation (see subsection (4) below); and restrict reproductive capacity. Use maps and tables to locate and quantify adverse direct impacts.

2.

Provide a map, a detailed description and an analysis of potential indirect impacts to ESHA outside the development envelope that includes but is not limited to project-related factors such as stormwater runoff, noise, lighting, animal keeping, or other impacts that encroach into a buffer zone.

3.

Evaluate all cumulative impacts from existing, recently approved, and reasonably foreseeable future projects that may directly or indirectly impact ESHA species/communities. The following factors shall be considered:

i.

The spatial limits of the cumulative analysis may be broader than the site-specific survey boundary because the analysis must consider all activities that affect those environmental components, even outside the area affected by the proposed development (see Section AE-1.3.2(c)).

ii.

If the proposed activities affect (or could affect) ESHA, the cumulative analysis shall take into account activities that occurred before the proposed action is initiated and after the proposed action is completed. It should describe the incremental contribution of the proposed development to cumulative effects.

iii.

Discuss the significance of the impacted ESHA on a local and regional scale, as well as, the rarity or abundance of the resource in the region or elsewhere.

4.

Identify local or regional habitat connectivity corridors (see CZO Section 8178-2.7.5), and evaluate movement barriers or constrained areas (chokepoints, stepping stones) for species identified in the field survey (see Section AE-1.3.2(g)). Provide maps and an analysis of the project site's location in relation to local or regional habitat connectivity corridors and the potential of the project site to contribute habitat-value to local or regional habitat connectivity corridors.

5.

Proposals to alter a wet environment (e.g., channelization, diversion, diking, bridging) shall include an analysis of potential impacts on the depletion of groundwater, wildlife migration, downstream erosion and sedimentation, sand supplies to beaches, as well as the identification of risks and procedures to prevent the spread of aquatic invasive species and contaminants (e.g., USFWS Hazard Analysis and Critical Control Point Planning).

6.

Provide an analysis of the native biodiversity in the study area and quantify the degradation or loss (historic and current) of the ESHA in the area. (Refer to Section AE-1.3.2(c), (d), (e), and (g)(2) for data associated with this

discussion. For proposed on-site restoration or enhancement projects, the analysis, shall contain recommendations for the successful restoration of any degraded ESHA on the project site relative to any listed potential or observed ESHA species/community to utilize the site if ESHA is restored on-site after development.

7.

If Oak Woodland/Savannah and Native Tree Woodland is present, provide an analysis of project alternatives that would avoid removal or encroachment (see CZO Section 8178-2.7.4.1).

8.

Provide information on the proposed project design features and other measures required to minimize or avoid impacts to ESHA. This information shall include: 1) A description of construction methods and timing required to avoid adverse impacts; 2) If confined animal keeping facilities are proposed within a fuel modification zone that overlaps with ESHA or buffer zone, then these measures shall address manure management, BMPs/site design for runoff, livestock security from predators (if applicable), minimizing wildlife attractants, poison use, lighting, etc.

j.

ESHA Mitigation Summary. Include a summary discussion of the steps that will be taken to avoid and mitigate adverse impacts to ESHA (all potential direct, indirect and cumulative impacts to ESHA are considered significant and cumulatively considerable). Refer to Section AE-1.3.3 for detailed map/data requirements. Present a preliminary plan to mitigate unavoidable impacts, in accordance with the compensatory mitigation requirements in CZO Section 8178-2.10, including but not limited to the following information:

1.

Provide a summary of project design features and other mitigation measures (see Section AE-1.3.2(i)(8) above) that shall be incorporated into the project design or conditions of approval for the project.

2.

Provide a quantitative summary of the number of acres for each impacted habitat type that will be required to adequately compensate for ESHA loss or degradation. Refer to Coastal Zoning Ordinance, Figure 8178-2.10;

3.

Describe the proposed approach to compensatory mitigation, including the type of mitigation (e.g., preservation, restoration) and whether on-site and off-site compensatory mitigation; and

4.

If off-site mitigation is proposed outside of an in-lieu fee program or approved mitigation bank, include preliminary information on available off-site mitigation areas, including one (1) primary and one (1) contingency mitigation site that meet the criteria set forth in the LCP (see CZO Section 8178-2.10

This information will also be applicable to Appendix E2, Sections AE-2.1.1(a)(1) and AE-2.4 if an expanded fuel modification zone is requested.

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

AE-1.3.3 - Summary of CISBA Maps and Data.

a.

Digital GIS file formats and legibly depicted printed maps to scale must be provided with all CISBAs and shall include, but not be limited to, the following:

1.

All habitats/ESHA boundaries, along with any appropriate metadata (e.g., address, APN, Permittee's name, purpose of files; GIS data- map projection, date data collected, map processing steps, etc.). ESHA data shall be provided in accordance with the County's metadata standards and shall be digitized using a GPS for uploading to a GIS system.

2.

If an ESHA or buffer zone overlaps with any fuel modification zone that has been widened for the proposed project beyond the 100-foot mandatory fuel modification standard, then a written determination shall be obtained from the Ventura County Fire Protection District that states the widened fuel modification zone (see CZO Section 8178-2.6.9.2 is necessary to protect life and property from wildland fires. This determination shall be used for the permit findings and for alternate sites identified during the least damaging alternatives analysis (see CZO Section 8178-2.3(b)).

3.

If the on-site vegetation map does not conform to the County's digital certified GIS ESHA map (greater than a five (5) percent plus-or-minus margin of error), additional data shall be required within the CISBA to provide substantial evidence for any proposed ESHA map changes. The Planning Staff Biologist may recommend an adjustment to the ESHA map after a site visit and the evaluation of the following documentation:

i.

Photos with GPS location, date, time, and directional bearing of the area in question;

ii.

A modified map that shows the location(s) of the increase or decrease in the respective habitat category(s); and

iii.

An estimate of the difference in area (increases or decreases) measured in square feet (or acres), based on the spatial data.

The Planning Division is responsible for maintaining all recommendations on ESHA map adjustments within the County's database. Such recommendations will be compiled within the County's database and maintained by the Planning Staff Biologist. However, official changes to the ESHA map will only occur through an LCP amendment process.

b.

Required Data in CISBA Sections.

1.

Section AE-1.3.2(b)(5): Introduction (Project Description). Provide a site plan that shows all proposed components of the development and surrounding coastal resources that include the following (when applicable):

i.

All proposed buildings, structures, parking and staging areas, fuel modification zones (mandatory and expanded), roads, fire department turnarounds, utility infrastructure (water wells, water tanks, pipelines, and septic fields and setbacks), agricultural facilities and cultivation areas, confined animal facilities, fences, recreational facilities, landscaped areas, and outdoor lighting locations (see Section AE-1.3.2(b)(5) and (h)).

ii.

Property lines, development envelope, building site, and boundaries of easements.

iii.

Boundaries of ESHA, ESHA buffer zones, existing/proposed slope, and other pertinent environmental features (see subsection (3) below).

iv.

Stormwater treatment areas that are within or adjacent to ESHA or buffer zone.

2.

Section AE-1.3.2(c)(1): Regional Context Map. Provide a map of features within the biogeographic region showing the project location with the following spatial data: watershed boundaries, existing streams/wetlands (highest USGS Hydrological Unit Code), topography, existing land use and development (including protected conservation public lands or core habitat areas), special status species that occur within five (5) miles of the project site (Section AE-1.3.2(f)) and potential on-site or off-site western monarch overwintering roosts (Section AE-1.3.2(g)(2)(iv)), and existing/proposed roads. The context map should depict habitat connectivity within and outside the property boundaries. Include GIS layers that may represent barriers to wildlife movement and any features that promote connectivity (e.g., road crossing structures, habitat corridors).

3.

Section AE-1.3.2(c)(2): Physical and Biological Maps. Below are data requirements for physical and biological maps and data. Depending on the site conditions, the biological and physical maps may be combined into one (1) map provided that all features requested can be clearly illustrated.

i.

Map of Physical Features: Provide legible map(s) of the project property and survey area that shows all physical features (i.e., topography (slopes), slope orientation, rock outcroppings, riprap, caves, cliff faces) and areas where fire, soils, or disturbance history (e.g., soil disturbance, areas of degraded habitat) that affects the existing biological community. Label wildlife barriers or chokepoints.

ii.

Map of Biological Features. Depict the location of all vegetation communities as described in Section AE1.3.2(g), subsections (5)—(8), types of ESHA (include location of observed rare plants, nests, burrows, colonial roosts, or denning sites detected with field surveys), protected or core habitat areas within or immediately outside the property.

4.

Section AE-1.3.2(d) and (e)): Permit History and Removed/Degraded Vegetation.

i.

If available, any maps or data associated with previous permits issued documenting ESHA removal, alteration, mitigation;

ii.

If any major vegetation has been removed or disturbed on site, provide historic aerial images of the site that pinpoint the timeframe and area(s) that removal and/or disturbance took place (i.e., photo(s) before and after removal and/or disturbance); and

iii.

A table of ESHA removed or degraded specifying: either permitted/non-permitted removal, ESHA type, acres/individuals impacted, year of impact, and if area has recovered (no soil disturbance/grading/invasives or invasive watch list plant species).

5.

Section AE-1.3.2(f): List of Potential ESHA and Species. Provide a table of all potential special status species and communities that contain the following information: recommended survey dates (Section AE-1.3.2(g)(3)), date and time field survey was conducted, protection status, habitat requirements, and likelihood of species occurrence (none, low, moderate, high, or observed). For observed species, provide the number of individuals (rare or special status) and acreage of plant communities observed (Section AE-1.3.2(g)(2)).

6.

Section AE-1.3.2(g): Field Survey Maps and Data.

i.

Provide maps of all survey areas, vegetation and wetland sampling locations, and field survey routes;

ii.

Provide a table of potential species/communities on site, recommended detection dates for potential species being surveyed, the date and time the field survey was conducted, acreage surveyed, and name of qualified biologist conducting survey; and

iii.

For any special status species or vegetative communities detected, provide copies sent to the California Department of Fish and Wildlife of the CNDDB California Native Species Field Survey Form and/or a California

Natural Community Field Survey Form.

7.

Section AE-1.3.2(g)(1)(d): Expanded Fuel Modification Zones. If applicable, provide two (2) site plan maps pursuant to Appendix E2, Section AE-2.4(b)(1) and Appendix 1, Section AE-1.3.2(g)(1)(iv).

8.

Section AE-1.3.2(h), (i), and (j): Site-Specific ESHA/Buffer Zone Map, Adverse Impacts to ESHA, and Mitigation. The following information shall be provided to identify and quantify all adverse impacts to ESHA:

i.

Provide a map and table of ESHA types and buffer zones removed without a permit and/or proposed to be removed, altered, or degraded within the survey area. The table shall include ESHA and buffer zone types impacted, acreage of impact, and whether it is permitted or unpermitted removal. Impacts to ESHA resulting from encroachment into the buffer zone from lighting, noise, erosion, etc., (see CZO Section 8178-2.4) and should also be evaluated;

ii.

Provide a table summarizing potential environmental impacts (direct, indirect, and temporary) associated with project construction (Section AE-1.3.2(i)(2)—(4), (6), (7));

iii.

If applicable, provide GIS files to support the classification or reclassification of the County ESHA Map (Section AE-1.3.3(c)); and

iv.

Maps of proposed protected mitigation area locations (on-site and/or off-site) relative to proposed development.

c.

Videos and Photographs. Provide color photographic documentation of the existing condition of the proposed development site and other noteworthy features such as:

1.

Prominent physical features (bluffs, cliffs, drainages, etc.) (Sections AE-1.3.2(c)(2) and AE-1.3.2(f)) and overall condition of the plant communities;

2.

ESHA and wetlands (Sections AE-1.3.2(c)(3) and AE-1.3.2(g)(4)—(8) and (h));

3.

Aerial photographs or other maps/photo evidence to document any historical removal or degradation of ESHA (Section AE-1.3.2(d) and (e));

4.

Any wildlife crossing structures, barriers, or other features associated with wildlife movement or seed dispersal (Section AE-1.3.2(i)(7)).

5.

If applicable, provide photos to support the classification or reclassification of the ESHA (Section AE-1.3.3(c)); and

6.

If applicable, provide pre-clearance video/photos of the entire expanded fuel modification zone (Appendix E2, AE-2.4).

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

Appendix E2. - Implementing Development in ESHA: ESHA Mitigation Plans and Legal Instruments for Conservation

AE-2.1 - ESHA Mitigation Plan Requirements.

The applicant must submit, and obtain County approval of, an ESHA Mitigation Plan after project approval and before the Zoning Clearance is issued for the project. As shown in the table below, all ESHA Mitigation Plans include a Habitat Mitigation Plan. Other required documentation depends on the mitigation approach taken by the applicant (e.g., restoration, establishment, preservation). Information on the required content of a Habitat Mitigation Plan, Habitat Restoration Plan, Habitat Maintenance and Monitoring Plan, and Habitat Management Plan are provided in this section.

(1) Required if the applicant is implementing the mitigation through a third-party provider. Not required if the applicant is utilizing an in-lieu fee program, purchasing mitigation credits from a state/federally approved mitigation bank, or mitigation is conducted by a natural resource agency or a County-approved conservation organization that owns and manages the property.

(2) Required for off-site preservation and when purchasing an off-site lot for mitigation. Not required if the applicant is purchasing credits from an available in-lieu fee program.

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

AE-2.1.1 - Habitat Mitigation Plan.

A Habitat Mitigation Plan (see CZO Section 8178-2.10.9) shall include the following components:

a.

Executive Summary. Summary of the proposed approach to ESHA mitigation, including the following information:

1.

A table and associated description of all on-site or off-site ESHA or buffer zones that will be impacted and require compensatory mitigation (see CZO Section 8178-2.10). The mitigation shall be directly proportionate to the amount of ESHA degraded or removed. Where the applicant can demonstrate that the fuel modification zone results in less acreage of ESHA removal due to the method of measurement, or sloped topography, the required mitigation may be adjusted downward accordingly;

2.

Description of compensatory mitigation sites, including the location and rationale for site selection. Summarize evidence that shows the mitigation site meets the standards of the LCP (see subsection (b) below);

3.

If the applicant is purchasing mitigation credits from a state/federally approved mitigation bank, or paying a fee to a County-approved mitigation site owned/managed by a conservation organization or natural resource agency, or in-lieu fee program, a summary of the credits or payments and a short explanation of how the required fee or credit provides adequate compensation for impacts to ESHA or buffer zones shall be included. Mitigation agreements conducted by a natural resource agency for the applicant shall also include detailed cost estimates associated with the restoration/enhancement installation and monitoring/maintenance period. (See CZO Section 8178-2.10.8 for additional information on mitigation options.)

4.

Identify the type of conservation easement or conservation instrument that will be used to permanently protect the compensatory mitigation site (see CZO Section 8178-2.10.1(c)).

b.

Project Goals and Objectives.

1.

Goals. Describe the purpose and goals of the mitigation project. If the proposed mitigation includes ESHA restoration, establishment, or enhancement, then the goal statement(s) shall address the improvement of specific physical, chemical, and/or biological functions at the mitigation site. If the proposed mitigation includes ESHA preservation, then the goal statement(s) shall address the long-term conservation of ESHA in relation to the needs of the watershed, biogeographic region, or other regional conservation needs.

2.

Objectives. Identify specific and quantitative objectives that will implement the purpose and goals of the mitigation project. Provide a description of the ESHA type(s) and amount(s) that will be provided by the mitigation and how the mitigation method (i.e., restoration, establishment, enhancement, and/or preservation) will achieve the mitigation project goals. Long term management goals for preservation properties should be related to the condition of biological communities, water quality, etc. and the long-term management or maintenance of ESHA.

c.

Identification of Mitigation Sites. A description of proposed, on- or off-site mitigation areas, and an explanation as to how the site(s) meet the standards in CZO Section 8178-2.10.4. The description shall include a summary of the baseline conditions of the mitigation site(s) (see below) and all substantial evidence that shows the mitigation site provides ESHA of equal or greater function as the ESHA(s) impacted by the project (see CZO Section 8178-2.10.1). Include a map showing the location and distance between the impact and mitigation site(s) that shows the sub-watershed, biogeographic region, and jurisdictional boundaries) (See Appendix E1, Section AE-1.3.3(f)). Include a table that depicts the characteristics of the mitigation site(s) (including acreage) that are relevant to the type of resource proposed as compensation. Baseline information of existing conditions shall include:

1.

Description of the biological resources at the mitigation site. This requirement shall be met for on-site mitigation sites by attaching the CISBA site-specific ESHA map to the Habitat Mitigation Plan. For off-site mitigation areas, a site-specific ESHA map shall be prepared showing all types and other notable natural features pursuant to Appendix E1, Sections AE-1.3.2(c) and AE-1.3.3(g)(3).

2.

Description of the historical and existing conditions on the proposed mitigation site and area immediately adjacent to site (hydrology, vegetation, soils, surrounding landscape setting and land uses, and ecosystem functions);

3.

If wetland establishment or restoration is proposed for compensatory mitigation, then include a description of the proposed hydroperiod for the site and the site design requirements necessary to ensure there is sufficient water to support the proposed mitigation project; and

4.

A description of any physical, chemical, and/or biological degradation occurring within the proposed mitigation site. If the mitigation site will be used for ESHA preservation, then identify signs of trespassing, encroachment, dumping, or other concerns that should be addressed in the Habitat Management Plan for the mitigation site.

5.

If the mitigation area is located off-site (see CZO Section 8178-2.10.4), identify how the off-site location meets all the mitigation criteria pursuant to Section 8178-2.10.

Copy of Site Access Agreement that allows County staff to enter the proposed mitigation site to perform an evaluation of ongoing mitigation activities. Access to the property shall be limited to those portions of the lot used for mitigation (e.g., restoration, management, or monitoring work) and private roads or property that must be traversed to gain access to the mitigation site.

d.

Performance Criteria. Define clear and measurable performance standards for each objective to evaluate the success of the compensatory mitigation. For ESHA restoration or establishment projects, performance standards shall represent measurable changes in the ESHA function of the mitigation site that can be maintained without nurturing, protection, or supplemental care. Measurable changes shall be based on the difference between the baseline condition and end-of-project condition, or they can be based on the difference between the condition of a reference site and the baseline condition of the mitigation site. ESHA function can be measured in percent absolute cover of bare ground, percent relative cover by non-natives, plant species richness, and other selected factors. For ESHA preservation projects, performance standards should include the management and maintenance activities (e.g., invasive or invasive watch list plant species removal, fencing for trespass, etc.) needed to meet the defined project goals and objectives.*

*Additional development that may be required (e.g., fencing, permanent signs) to meet the project goals and objectives should be included in the proposed permit.

e.

Contingency Plan. Adaptive management measures shall be identified, in advance, to address unforeseen changes in site conditions or other components of the mitigation project. Such measures will also allow corrective actions to be taken when performance criteria are not met during the mitigation monitoring period. Adaptive management measures can include additional site protection, replacement or supplemental plantings, and irrigation system adjustments. Adequate flexibility should be provided within the contingency plan to allow corrective measures to be used to address conditions that were not anticipated or addressed within the Habitat Mitigation Plan.

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

AE-2.1.2 - Habitat Restoration Plan.

A Habitat Restoration Plan (see CZO Section 8178-2.10.9) is required when compensatory mitigation includes ESHA restoration, enhancement, or establishment. A Habitat Restoration Plan shall include the following components:

a.

Project Coordinator. A project coordinator shall be identified and function as the main point of contact on the project. The project coordinator shall be a restoration specialist with regional experience in habitat restoration, establishment, or enhancement experience (as applicable) and an understanding of the scientific and technical issues involved in the project.

b.

Landscape Construction and Maintenance Services. If applicable, a qualified landscaping company, public agency, or non-profit organization shall be identified that can grow container plants from propagules collected

from within the watershed of the mitigation site.

c.

Project Schedule. This schedule shall include a list of tasks needed to complete the habitat restoration, enhancement, or establishment project, including the approximate date each task will be accomplished. The project schedule shall include interim milestones that can be used to determine the success of the project and whether an extended project schedule is required.

d.

Plant Palette. The following information regarding plant palette shall be included:

1.

Plant Palette. The plant palette shall consist of locally indigenous plant species as recommended by a restoration specialist. Non-native and non-native invasive or invasive watch-list plant species are prohibited, and plants shall be propagated as follows:

i.

Native plants shall be propagated from local seeds and cuttings or transplanted from salvage plants. An exception to this requirement may be provided for restoration sites under one-quarter (¼) acre, where regional native stock from professional native plant nurseries may be used if deemed acceptable by the restoration specialist and approved by the Planning Staff Biologist or County contracted qualified biologist; and

ii.

If restoration areas greater than one-quarter (¼) acre experience the death of original plantings or the required percent vegetation coverage cannot be achieved with propagated plants, regional native plants may be purchased as local container stock from a professional native plant nursery.

2.

The acreage and content of the plant palette shall be consistent with the compensatory mitigation requirements established by the LCP (see CZO Section 8178-2.10).

e.

Irrigation. Hand watering or a temporary irrigation system that provides time released applications of water shall be installed at the designated restoration/establishment/enhancement site(s) if irrigation is required as determined by the restoration specialist:

1.

The irrigation system shall be installed above-ground, and the temporary irrigation equipment shall be decommissioned and removed at the end of the monitoring period;

2.

All onsite irrigation shall be delivered by drip or micro-spray systems that provide one hundred (100) percent coverage of the revegetation areas; and

3.

Supplemental watering shall be terminated once plants are established and meet the performance criteria identified in the Habitat Maintenance and Monitoring Plan.

f.

Soils. The following reports and actions shall be required to achieve optimum growth and ensure soil is in its native alkalinity:

1.

A soils report, prepared by a certified soil scientist* with experience in soils engineering, shall be provided that indicates the existing nutrient status and pH of the soil at the mitigation site, and the plan shall indicate whether such soils will support the proposed plant palette; and

*The American Society of Agronomy (ASA) certifies Soil Scientists as agronomists and crop advisors. The Soil Science Society of America (SSSA) certifies Soil Scientists and soil classifiers. Geotechnical engineers with soil testing certifications will also be accepted.

2.

Suitable topsoil* within the footprint of proposed development shall be removed, stockpiled for future use using soil stockpiling best management practices, and spread as the final surface layer of soil for any on-site restoration/establishment areas.

*Topsoil stockpiling is only applicable where original, undisturbed soil native to the site must be disturbed.

g.

Weed Eradication Plan. Provide a plan, methodology and schedule for the eradication of invasive or invasive watch plant species, non-native plants within the restoration, enhancement or establishment site and buffer zone(s).

h.

Fencing Plan. To prevent trespassing into a designated mitigation site(s), a temporary fencing plan shall be identified and implemented for the duration of the monitoring period. All temporary fencing shall be removed at the end of the restoration project. See CZO Section 8178-2.6.14 for fencing standards.

i.

Drainage/Erosion Control. Where needed, drainage and erosion control measures, such as sandbags, fiber rolls, silt fencing, and/or erosion control matting shall be installed (see CZO Section 8178-2.6.7).

j.

Cost Estimates and Funding. Provide cost estimates for all labor, materials, potential corrective measures, or other items needed to complete the Habitat Restoration Plan and provide documentation of the financial assurances made to the County to ensure implementation of the Habitat Restoration Plan.

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

AE-2.1.3 - Habitat Maintenance and Monitoring Plan.

A Habitat Maintenance and Monitoring Plan (see CZO Section 8178-2.10.9) is required to help ensure the success of the compensatory mitigation (i.e., habitat restoration, enhancement or establishment). It identifies the actions necessary to meet the performance standards and monitoring requirements associated with the habitat restoration, enhancement, or establishment once all project components are installed or constructed. The following components and standards (when applicable) shall be met during the maintenance and monitoring period associated with Habitat Preservation or Restoration Plan components:

a.

Duration. The duration of a Habitat Maintenance and Monitoring Plan shall be five (5) years, but a longer duration period may be required for specific habitats (e.g., oak woodland), during drought periods, or due to biological constraints of the applicable ESHA ecosystems, as determined by a Planning Staff Biologist or County-contracted Qualified Biologist. The ESHA mitigation monitoring period may be reduced to no less than three (3) years if the Planning Staff Biologist or County contracted qualified biologist determines that all performance criteria are met successfully and all replacement plantings or enhancements are capable of surviving without nurturing, protection, or supplemental care for one (1) year under normal rainfall/weather conditions or two (2) years under drought conditions. If the vegetation cannot be sustained without artificial inputs, then the maintenance and monitoring period shall be extended beyond the five-year period until such time as the performance criteria established by the Habitat Mitigation Plan are fulfilled. If, at the end of a tenyear period, the performance criteria are not met, then an alternative ESHA preservation, establishment, restoration or enhancement plan shall be prepared and implemented to satisfy the compensatory mitigation requirements for the project.

b.

Maintenance. The maintenance period shall begin immediately after the installation of the biological components, and it shall continue throughout the established duration period of the Habitat Maintenance and Monitoring Plan. Maintenance activities shall be conducted under the direction of a qualified biologist throughout the duration of the Habitat Maintenance and Monitoring Plan.

c.

Monitoring. The monitoring plan shall be used to identify potential problems early and determine appropriate remedial actions. The frequency and duration of monitoring and reporting shall be identified in the Habitat Maintenance and Monitoring Plan and shall be adequate to measure specific performance standards and to meet the stated project goals and objectives relative to site conditions and weather patterns. A monitoring report must be submitted to the County at least once a year, but a shorter period may be required by the Planning Staff Biologist or County contracted qualified biologist if the project requires adaptation measures to meet performance standards. The monitoring plan shall include the following:

1.

A Monitoring Report shall be prepared by a qualified biological consultant and shall, at a minimum, include the following:

i.

Documentation of the number of species established;

ii.

Documentation of the sampling design and analysis used to assess performance standards (e.g., quadrants, transects, etc. for sampling; type of statistics used for the assessment);

iii.

Documentation of species survival percentage and sizes of species and discussion of whether all native species are being protected and nurtured and whether interim performance criteria were met;

iv.

Detailed description of the project construction activities performed during the previous year and all restoration and mitigation efforts performed;

v.

Color photo documentation of the pre- and current status of the mitigation site conditions;

vi.

Discussion of monitoring activities and exotic plant control efforts; and

vii.

Recommendations from a qualified biologist with restoration, establishment, or enhancement experience that include, but are not limited to, any mid-course corrections and adaptive management actions taken to ensure ongoing progress toward meeting interim and final performance criteria and supplemental required actions, such as the application of soil amendments or other treatments.

All Monitoring Reports shall be submitted to the Planning Division for review and approval during the duration period for the Habitat Maintenance and Monitoring Plan (including extensions). If the Monitoring Report does not include the required contents (see above), then a replacement report will be required.

2.

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

i.

During any grading and construction required for the habitat restoration, establishment or enhancement actions, the mitigation site shall be inspected to confirm that ESHA project construction standards are being implemented in accordance with the Habitat Restoration Plan and, if necessary, to require immediate corrective action if the established standards are not being implemented;

ii.

Site inspections shall be conducted to verify that all plantings and infrastructure were installed in accordance with the approved Habitat Restoration Plan by the qualified biologist. Also, prior to issuing a Certificate of Occupancy, Planning Division staff shall conduct a site inspection(s) to verify compliance with the approved Habitat Restoration Plan; and

iii.

County inspections may also occur on an as-needed basis to evaluate compliance with the performance criteria in the approved Habitat Mitigation Plan or the Habitat Restoration Plan.

iv.

A condition compliance account shall be established before a Zoning Clearance is issued for the approved project.

d.

Cost Estimates and Project Timeline. Provide an estimated timeline for the maintenance and monitoring plan. Also, provide cost estimates for all labor, materials or other items needed to complete the Habitat Maintenance and Monitoring Plan, and

e.

Financial Assurance. Provide documentation of the financial assurance to the County to ensure its implementation. For temporary construction impacts to wetlands, financial assurance shall be provided to ensure that adequate funds are available to complete the required restoration.

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

AE-2.1.4 - Habitat Management Plan.

A Habitat Management Plan (see CZO Section 8178-2.10.9) is required for all off-site mitigation areas used for ESHA preservation.* The Habitat Management Plan shall include the following components:

a.

Site Information. (1) A legal description of the lot (i.e., metes and bounds) and the area used for compensatory mitigation (if different from the legal lot description); (2) an exhibit with a site plan that includes an accurately scaled easement area graphically depicted on the plan, the Assessor Parcel Number(s) (APNs), street address, and name/address of owners; (3) a title report no less than six (6) months old; (4) written summary of current site conditions; and (5) additional information requested by the Planning Division.

b.

Site Preservation Documentation. Documented proof that the property is protected in perpetuity (i.e., a copy of the recorded conservation easement or official documentation for other types of conservation instruments allowed pursuant to CZO Section 8178-2.10.1(c). If a conservation easement is used to protect the property, then allowable uses shall be limited to those specified by Section AE-2.2 below). Documented proof shall be provided prior to recordation of a Final Map for a proposed land division or, for other types of permits, prior to issuance of a Zoning Clearance for the development. A copy of all legal instruments protecting the site in perpetuity shall be provided as an attachment to the Habitat Management Plan.

c.

Management Summary. The timing, location, and implementation for all management operations/practices needed within the conservation easement area. Any adaptive management actions identified in the contingency

section of the Habitat Mitigation Plan (see Section AE-2.1.1(e)). The complexity of the management operations/practices for preserved properties will depend on the abundance and arrangement of biological components, site location, etc.

d.

Cost Estimates and Funding. Information on the stewardship fund or endowment that will be used to manage the property in the short term (before the endowment is fully collected) and the long-term (once the endowment is fully secured). This information shall, at a minimum, include cost estimates for the long-term maintenance and management of the resources and the fiscal arrangements that will be made for the stewardship fund.

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

*All ESHA preservation will be located on an off-site mitigation lot, as on-site preservation cannot be used as compensatory mitigation in the coastal zone.

AE-2.2 - Legal instruments for conservation.

The information in this Section shall be used in conjunction with the definitions in Article 2 and the regulatory requirements in CZO Sections 8178-2.6.3(e), and 8178-2.10.1(c). The referenced regulations require the following:

•

Except as allowed by CZO Section 8178-2.6.3(e) or 8178-2.10.8, a conservation easement shall be used to conserve areas providing compensatory mitigation. Off-site mitigation areas may be encumbered either by a conservation easement or a deed restriction* and subsequently conveyed to a County-approved natural resource agency or conservation organization for ownership.

*A deed restriction is used to ensure the ESHA will be preserved when a property is conveyed in its entirety to a Countyapproved conservation organization or natural resource agency.

•

A conservation instrument shall be used to conserve on-site ESHA, buffer zones, and slopes over thirty (30) percent located outside of the building site and mandatory fuel modification zone that are not used as compensatory mitigation. The conservation instrument area shall be preserved in perpetuity, except as otherwise set forth in the project's associated Coastal Development Permit and any allowable future development that is consistent with Section AE-2.2.2.

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

AE-2.2.1 - Conservation easements and deed restrictions.

The following regulations are applicable when a conservation easement or deed restriction is used to conserve areas as compensatory mitigation:

a.

Conservation Easements. The conservation easement, which shall be subject to County Planning Division review and approval prior to recordation, shall be prepared by a licensed surveyor, include a formal legal description of the entire lot, and include a metes-and-bounds legal description and graphic depiction of the

conservation easement area. A preliminary title report less than six (6) months old shall be obtained, issued by a licensed title insurance company that demonstrates the lot is free of prior liens, including tax liens, and encumbrances that could interfere with the instrument's purpose of conserving the subject habitat in perpetuity. The conservation easement shall be permanent and state that no development shall occur within the open space conservation easement area except as otherwise set forth in the project's applicable Coastal Development Permit condition(s), consistent with the allowable uses identified in Section AE-2.2.1 below. The conservation easement shall state that the resources being protected are of significance to the people of the State of California. Following recordation, the applicant shall provide the County Planning Division with a copy of a preliminary title report establishing that the conservation easement appears on the property's title, as recorded with the Ventura County Recorder. The applicant shall provide the County Planning Division with documentation establishing that the County-approved natural resource agency or conservation organization, or County agency, has formally accepted the conservation easement in favor of the People of the State of California.

b.

Deed Restriction and Property Conveyance In Lieu Of Conservation Easement. The applicant shall provide the County Planning Division with a preliminary title report, issued by a licensed title insurance company, not more than six (6) months old, establishing that the area to be placed in an open space deed restriction and subsequent ownership transfer appear on the property's title. The applicant shall record an open space deed restriction, which shall be subject to County review and approval prior to recordation, encumbering the required open space conservation area in perpetuity, and thereafter convey the lot in fee title to the County-approved entity accepting ownership of the property subject to the deed restriction. The deed restriction shall state that no development shall occur within the open space area except as otherwise set forth in the project's applicable Coastal Development Permit condition(s), consistent with the allowable uses identified in Section AE-2.2.1 below. The applicant shall provide the County Planning Division with a copy of the deed restriction as recorded with the Ventura County Recorder. The applicant shall thereafter provide the County Planning Division with documentation establishing that fee title to the open space conservation site(s) has been successfully conveyed to a County-approved natural resource agency, conservation organization, or County agency approved by the County, and that the document effectuating the conveyance was recorded with the Ventura County Recorder.

c.

Allowable Uses and Development: Conservation Easements and Deed Restrictions Used for Compensatory Mitigation.

When a conservation easement or deed restriction is used to conserve areas as compensatory mitigation, the conservation easement or deed restriction shall include terms and conditions such that the instrument meets the following: (1) definition for a conservation easement in CZO Article 2; and (2) the requirements for compensatory mitigation in CZO Section 8178-2.10.1. New uses and development in the conservation area shall only be allowed pursuant to a valid Coastal Development Permit and shall be limited to the following:

1.

Planting of native vegetation, and other habitat restoration and maintenance activities or development (e.g., wildlife permeable fencing, signs), if allowed pursuant to a County-approved ESHA Mitigation Plan (CZO Section 8178-2.10.9);

Construction and maintenance of public hiking trails;

3.

Construction and maintenance of roads, trails, and utilities consistent with existing easements;

4.

Minor grading and vegetation removal necessary to repair or maintain an existing legally established roadway; and

5.

Fire safety activities carried out by the Ventura County Fire Protection District, such as the preparation of fire breaks to protect existing, permitted development during a declared fire emergency. Fuel modification required by the Ventura County Fire District, if undertaken in accordance with a Fuel Modification Plan approved by the County pursuant to a Coastal Development Permit. Replacement compensatory mitigation shall be provided for any fuel modification on land used as compensatory mitigation.

The conservation easement or deed restriction shall include a prohibition of other uses and development within the conservation area.

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

AE-2.2.2 - Conservation instruments used for on-site development restrictions.

When a conservation instrument is used for on-site development restrictions, the conservation instrument shall include terms and conditions such that the instrument meets the definition in Article 2 and the requirements in CZO Section 8181-3.5.3. New (or modified) uses and development in the restricted area shall only be allowed pursuant to a valid coastal development permit (or discretionary permit modification) and shall be limited to the following:

a.

General Requirements. When a deed restriction is used as a conservation instrument to avoid potential impacts associated with development, it shall include terms and conditions such that the instrument meets the definition of a conservation instrument in Article 2.

b.

Allowable Uses and Development. New uses and development in the area subject to the deed restriction/permit condition shall be limited to the following:

1.

All allowable uses provided by Sections AE-2.2.1(c) and 8178-2.5.1;

Replacement of a failed water well and associated water tank or septic system that meets the following standards: (i) a replacement system was not identified by the existing permit, and (ii) substantial evidence is provided that no feasible, alternate location is available within the approved development envelope; and

3.

Fuel modification authorized by the Ventura County Fire Protection District, if undertaken in accordance with an ESHA Vegetation Management Plan approved by the County pursuant to a Coastal Development Permit.

4.

The siting of safety infrastructure required by state law (e.g., fire department turn arounds, roads, water tank) that is based upon substantial evidence that no feasible alternate location is available within the previously entitled building site or mandatory fuel modification zone.

The conservation instrument shall include a prohibition on other types of uses and development within the protected area. All development associated with the allowable uses in this Section are subject to the permitting and compensatory mitigation requirements provided by the LCP.

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

AE-2.3 - Economically beneficial use determination.

Applications for a Coastal Development Permit seeking authorization for development in ESHA or a buffer zone pursuant to CZO Section 8178-2.5.3, shall include the information and documentation required to be submitted pursuant to this section. The information and documentation provided shall address the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application which are collectively referred to below as the "property." Before any application for a coastal development permit is accepted for processing, the applicant shall provide the following information and documentation, unless the Planning Director determines that one (1) or more of the particular categories of information is not relevant to its analysis:

a.

The date the applicant purchased or otherwise acquired the property, and from whom;

b.

The purchase price paid by the applicant for the property;

c.

The fair market value of the property as a whole at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at that time;

d.

The Ventura County General Plan, Coastal Area Plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition;

e.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection (d) above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition;

f.

Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates;

g.

A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased;

h.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware;

i.

Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price;

j.

The applicant's costs associated with the ownership of the property, annualized for each of the last five (5) calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. If the viability of existing agricultural uses is an issue, the determination of "viability" shall include consideration of the following elements for the five (5) years immediately preceding the date of the filing of the Coastal Development Permit application: (1) an analysis of the gross revenue from the agricultural products grown in the area; and (2) an analysis of the operational expenses associated with the production of the agricultural products grown in the area; and

k.

Apart from any rents received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five (5) calendar years. If there is any such income, it should be listed on an annualized basis along with a description of the uses that generate or has generated such income; and

l.

Any additional information that the Planning Director requires to make the determination.

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

AE-2.4 - ESHA Vegetation Management Plan.

An ESHA Vegetation Management Plan is required for expanded fuel modification zones that retain any ESHA or buffer zone; such plans shall include, but are not limited to the following components:

a.

Purpose of Plan. Every ESHA Vegetation Management Plan shall include the following introductory language:

This ESHA Vegetation Management Plan (Plan) has been prepared for the (insert planning permit case number, APN, and common name of the project here) to maintain defensible space that will reduce the intensity of a wildfire within or adjacent to ESHA or buffer zone. The Plan identifies areas where ESHA or buffer zone were retained within the expanded fuel modification zone associated with the permitted development. The installation and long-term maintenance of the fuel modification zone is subject to ESHA fuel modification zone landscaping requirements when in ESHA and the buffer zone (See CZO, Section 8178-8.4.2.3, 8178-8.4.2.4 and Appendix E1, Section AE-2.4-2.5).

All vegetation within the expanded fuel modification zone shall be managed according to this Plan for the life of the permitted land use.

Any new or expanded fuel modification zones shall only be authorized through a new or modified Coastal Development Permit, and property owners shall only conduct fuel modification in accordance with an approved Coastal Development Permit.

Any changes that occur to the expanded fuel modification zone or changes to the type or density of ESHA shall require a revised ESHA Vegetation Management Plan to be submitted to the Planning Division for review and approval.

Any deviation from the approved Plan that is implemented without County review and approval(s) shall constitute a violation of the Coastal Development Permit.

b.

ESHA Vegetation Management Plan.

The ESHA Vegetation Management Plan for an expanded fuel modification zone shall contain the following components:

1.

Description and Map of Pre and Post Treatment Areas. Provide two (2) site plans that clearly illustrate before and after vegetation management activities within the expanded fuel modification zone as follows:

i.

Fuel Treatment Plan. Using vegetation community maps from the CISBA, clearly label and depict which vegetation communities will receive vegetation management treatments (thinning/removal);

ii.

Final ESHA Vegetation Management Plan. The final ESHA Vegetation Management Site Plan shall be developed using a Global Positioning System (GPS) to accurately map (+/- 2 m accuracy) retained vegetation communities. Describe and depict the location of:

•

Vegetation treatment areas;

•

Permanent fuel zone markers at boundary of vegetation treatment changes; and

•

All retained ESHA and buffer zones after vegetation management treatments have occurred.

The following base information shall be represented on both site plan maps:

i.

Boundaries of the development envelope, building site, structures, fuel modification zones, ESHA, buffer zones, and slope.

ii.

Location, species or vegetation community, and size or acreage of retained ESHA (CZO Section 8178-2.4.1).

Note the acreage and ecological succession stage (primary, secondary, climax) associated with all ESHA or buffer zones polygons mapped;

iii.

Location and types of easements, conservation instruments, or firebreaks (include and specify those areas that are not maintained by the property owner); and

iv.

Any protective temporary fencing or other markers used to delineate location of ESHA so that a property owner could easily identify it in the field during maintenance activities.

2.

Description of ESHA and Buffer Zone Impacts. Summarize the ESHA Impact Analysis for the expanded fuel modification zone from the CISBA (Appendix E1, Section AE-1.3.2(i)). The discussion shall include, but not be limited to the following:

i.

Using the Site Plan Maps, identify and quantify the amount of ESHA or buffer zone within the expanded fuel modification zone that will be removed or altered and all ESHA or buffer zone areas retained. Applicants shall provide a detailed explanation of the methods and calculations used to determine the total percent vegetation thinned pursuant to Section AE-2.5. If priority vegetation removal could not be met, describe why.

ii.

Provide videos or photos of the expanded fuel modification zone, pre- and post-treatment.

•

A pre-installation video or photos of the expanded fuel modification zone shall depict what ESHA treatments (i.e., removal, thinning) are proposed for existing vegetation. The video or photos must provide a general overview of the expanded fuel modification zone and clearly identify the plant communities associated with the vegetation management treatment areas. The pre-clearance video or photos shall be submitted with the permit application along with the CISBA.

•

A post-treatment video or photos of the expanded fuel modification zone shall clearly depict all vegetation management treatments, retained ESHA or buffer zone areas, boundary markers, and the measures implemented to avoid accidental removal or degradation of retained ESHA or buffer zone. Commentary within the video or photo descriptions shall tie into what was shown in the pre-clearance videos or photos. If requested by Planning staff, the post-clearance videos or photos may be confirmed by way of a site visit.

3.

Fuel Modification Zone Maintenance Plan. Maintenance of the expanded fuel modification zone shall be in accordance with the approved ESHA Vegetation Management Site Plan (subsection (b)(1) above). The following components shall be included in the Fuel modification Zone Maintenance Plan:

i.

A plan for maintaining the proposed fuel-reduction measures. Describe vegetation management (clearing) methods and timetables for managing vegetation within the expanded fuel modification zone during the life of the project. Low-intensity vegetation removal techniques shall be used when in ESHA or buffer zone.

•

Elements of the plan shall include removal of vegetation that may grow into overhead electrical lines, other ground fuels, ladder fuels and dead trees, and the thinning of live trees.

•

Describe how remaining ESHA will be protected for the life of the project and any special management activities that may be required.

ii.

Identify the holders and the location of any easements or firebreaks that are not maintained by the property owner; and

iii.

Include the map of permanent boundary markers between vegetation management zones and include notations that markers must be maintained to provide a clear visual boundary for all maintenance activities for the life of the fuel modification zone. Visual demarcation of remaining ESHA is strongly encouraged to avoid loss of reduced mitigation fee or required restoration if ESHA is accidentally removed.

iv.

Provide a statement that habitats that support a critical life stage for a special status species wildlife (e.g., nesting, denning, breeding or roosting sites) are considered ESHA and that the LCP policies and standards shall apply. For ESHA tree and riparian area protections in fuel modification zones, refer to Section 8178-7.3.1 and Appendix E1, Section AE-1.2.2(c). If a special status species is found within the vegetation clearance area that is in a critical life stage, then provide the recommendation for fuel clearance implementation and annual requirements, such as shall be postponed until the occupied areas are either vacated and/or the fledglings/juveniles leave the area.

4.

County In-Lieu Fee Payments and Proof of Notice on Property Title. Where an approved ESHA Vegetation Management Plan is required for compensatory mitigation purposes associated with an expanded fuel modification zone, the following requirements shall be incorporated within the conditions of approval for the subject Coastal Development Permit:

i.

Provide a summary and documentation showing payments to the County's In-Lieu Fee Program prior to the issuance of a Zoning Clearance necessary for any required condition compliance.

ii.

Record a notice on the property title to current and future property owners disclosing the existing ESHA and buffer zone maintenance requirements within the ESHA Vegetation Management Plan. A disclosure statement shall be required to notify any future property owners of the maintenance requirements associated with the ESHA Vegetation Management Plan.

iii.

Post-vegetation removal video or photos and the final ESHA Vegetation Management Plan site map (subsection (b)(2) above)(with GPS mapping) shall be incorporated into the Conditions of Approval for the permit.

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

AE-2.5 - Expanded fuel modification zone thinning standards.

The following standards shall be used to thin and maintain existing vegetation within the expanded fuel modification zone:

a.

Existing vegetative canopy area (i.e., dead, dying, non-native, native, live) within the expanded fuel modification zone shall not exceed fifty (50) percent of vegetation removal per one-quarter (¼) acre within the 101—150-foot zone and thirty (30) percent per one-quarter (¼) acre within the 151(+)-foot zone;

b.

Consistent with the fuel management objectives (subsection (a) above), steps shall be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds.

c.

No biological (e.g., grazing) or, chemical vegetation removal methods are allowed. In addition, no mechanical vegetation removal methods that will compact soils (e.g., use of heavy equipment) or significantly disturb or remove the root systems of existing vegetation (e.g., grubbing) are permitted in the expanded fuel modification zone. Low-intensity vegetation removal techniques shall be used when in ESHA or buffer zone.

d.

Vegetation removal shall be concentrated in areas with non-native species and dead/dying plant material. The retained vegetation should consist of existing native plants. In all cases, non-native invasive or invasive watch list plant species, as inventoried by the California Invasive Plant Council, shall be removed. This does not include standing dead trees that may provide habitat for wildlife (see subsection (f)(1) below);

e.

When feasible, maximize the retention of native vegetation within islands of undisturbed vegetation to minimize disruption of habitat value;

f.

When it is not possible to reduce cover through the removal of non-native vegetation or dead/dying plant material, a qualified biologist shall retain the existing vegetation in the following order of priority:

1.

Biologically significant standing or fallen dead trees (greater than twelve (12) inches diameter at breast height (dbh) and at least fifteen (15) feet tall) that provide potential habitat for birds, bats, or other special status animal species. Retained snags shall pose no threat to power lines or firefighter access roads;

2.

Special-status plants, prioritized by rarity, shall be retained with a buffer zone (minimum of fifteen (15) feet) that protects and maintains microsite characteristics (shading/overstory) for the plant;

3.

Herbaceous non-ESHA native species; and

4.

Woody non-ESHA native species.

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

Chapter 2. - Subdivisions[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 4566, § 1, adopted June 16, 2020, repealed the former Ch. 2, §§ 8201-0—8201-6, 8202-1—8202-3.3, 8203-1—8203-3, 8204-1—8204-10, 8205-1—8205-9, 8206-1—8206-5, 8207-1—8207-6, 8208-1—8208-5, 8209-1—8209-6.11, 8210-1—8210-2.6, 8211-1—8211-4, 8212-1—8212-5, 8213-1—8213-4,

and enacted a new Ch. 2 as set out herein. The former Ch. 2 pertained to similar subject matter and derived from Ord. 4083, adopted Dec. 20, 1994; Ord. 4221, adopted Dec. 5, 2000; Ord. 4226, adopted Dec. 12, 2000; Ord. 4334, adopted Dec. 6, 2005; Ord. 4382, adopted March 18, 2008; and Ord. No. 4437, § 1, adopted June 28, 2011.

Article 1. - Authority, Purpose, and Application of Chapter