§ 22.102

This Chapter establishes regulations to conserve the unique biological and physical diversity of the natural communities found within SEAs by requiring development to be designed to avoid and minimize impacts to SEA Resources. These requirements will help ensure the long-term survival of the SEAs and their connectivity to regional natural resources. This Chapter regulates development within SEAs by:

A.

Protecting the biodiversity, unique resources, and geological formations contained in SEAs from incompatible development, as specified in the Conservation and Natural Resources Element of the General Plan;

B.

Ensuring that projects reduce the effects of habitat fragmentation and edge effects by providing additional technical review of existing resources, potential impacts, and required mitigations;

C.

Ensuring that development within a SEA conserves biological diversity, habitat quality, and connectivity to sustain species populations and their ecosystem functions into the future; and

D.

Directing development to be designed in a manner that considers and avoids impacts to SEA resources within the Los Angeles County region.

(Ord. 2019-0072 § 2, 2019.)

22.102.020 - Definitions.

For purposes of this Chapter, see Section 22.14 - Significant Ecological Areas.

(Ord. 2019-0072 § 2, 2019.)

22.102.030 - Applicability.

A.

Applications submitted on or after the effective date of this ordinance are subject to the regulations herein. Pending projects with a complete application prior to the date of applicability for this Chapter may choose to comply with the SEA Ordinance applicable at the time of a complete application submittal or the current SEA regulations.

B.

This Chapter applies to all activities that meet the definition of development herein where occurring within all areas designated as SEA in the General Plan and related maps.

C.

Where a provision of the zone, supplemental district, or anywhere else in this Title 22 regulates the same matter as this Chapter, the provision more protective of biological resources shall apply.

D.

Until such time as the Santa Catalina Island Local Coastal Program ("LCP") is amended, development within SEAs, as mapped in the LCP, shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

E.

Development occurring within SEAs in the boundaries of the Santa Monica Mountains North Area ("SMMNA") Plan shall be regulated by the SMMNA Community Standards District ("CSD"). Where the SMMNA CSD is silent on development impacts on SEAs, it shall defer to this Chapter 22.102. Applications submitted prior to the effective date of the SMMNA CSD shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

(Ord. 2021-0021 § 1, 2021; Ord. 2019-0072 § 2, 2019.)

The following developments are exempt from the regulations of this Chapter. Development that does not qualify for any of the exemptions listed below is subject to the regulations of this Chapter.

A.

Except as otherwise specified in a Community Standards District ("CSD"), within the boundaries of the Antelope Valley Area Plan:

1.

Construction of a new single-family residence, regardless of size;

2.

Improvements accessory to a single-family residence, regardless of size:

a.

Additions to an existing single-family residence;

b.

Landscaping;

c.

New accessory structures;

d.

Additions to existing accessory structures; or

e.

New or expanded animal keeping areas and facilities.

3.

Agricultural uses on all previously disturbed farmland as defined by Section 22.102.020 (Definitions).

B.

In all areas outside the boundaries of the Antelope Valley Area Plan, the following additions or modifications, as long as such addition or modification does not increase the total building site area to more than 20,000 square feet and encroach into more than 10 percent of the dripline for up to four SEA protected trees:

1.

Additions or modifications to existing single-family residences;

2.

Accessory structures associated with single-family residences;

3.

Animal containment facilities; or

4.

A maximum of one accessory animal living quarter less than 120 square feet and located no more than 100 feet from the primary use.

C.

Maintenance, minor additions, or changes to existing legally established development, if:

1.

Maintenance, additions, or changes do not expand the previously approved development footprint; or

2.

Maintenance, additions, or changes are operating under a valid use permit and found to be in substantial compliance with such permit.

D.

Development requiring renewal of previously approved discretionary permits, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

E.

Renewal of previously approved discretionary permits located within the adopted expanded SEA boundaries, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

F.

Any development regulated by an adopted Specific Plan, provided that such development complies with the applicable provisions of the Specific Plan and can demonstrate, to the satisfaction of the Director, that the development received adequate review of biological resources and impacts to them.

G.

The rebuilding and replacement of legally built structures which have been damaged or partially destroyed and will not increase the previously existing development footprint.

H.

Land divisions for the purposes of the California Land Conservation Act of 1965 commonly referred to as the Williamson Act.

I.

Legally required fuel modification and brush clearance activities with the exception of tilling and discing, as approved by the Fire Department, associated with existing legal structures for the purpose of fire protection.

J.

Periodic reviews established in Section 22.190.080 (Reclamation Plan) for previously approved surface mining permits and reclamation plans authorized to operate under Chapter 22.190 (Surface Mining Permits) provided that such periodic review is conducted during the life of that grant, does not include proposed changes that would result in expanded development, and is consistent with valid permits.

K.

Development activity necessary for the repair or maintenance of existing legally established driveways, streets, and highways, provided that it does not increase the existing development footprint or impact drainages or streams.

L.

Development where the only impact to SEA Resources involves trees planted, as required per Titles 21 and 22, Low Impact Development per Title 12, or Green Building requirements per Title 31.

M.

Emergency removal of any tree listed on the SEA Protected Tree List maintained by the Department, due to a hazardous or dangerous condition, or being irretrievably damaged or destroyed through flood, fire, wind, lightning, drought, pests, or disease, as determined after visual inspection by a Forester with the Fire Department in consultation with a County Biologist.

N.

Tree maintenance, limited to removal of dead wood and pruning of branches not to exceed two inches in diameter and 25 percent of live foliage within a two-year period, intended to ensure the continued health of a SEA Protected Tree, in accordance with guidelines published by the National Arborists Association. Should excessive maintenance, trimming, or pruning adversely affect the health of the tree, as determined by the County Biologist or Forester with the Fire Department, a Protected Tree Permit per Section 22.102.070 (Protected Tree Permit) or SEA Conditional Use Permit ("SEA CUP") per Section 22.102.080 (SEA Conditional Use Permit) may be required.

O.

Emergency or routine maintenance by a public utility necessary to protect or maintain essential components of an existing utility or transmission system.

P.

Voluntarily planted trees that qualify for protection under the definition of SEA Protected Tree, but can be demonstrated to have been planted by a person for the purposes of affecting the architecture, climate, or aesthetics of a given place and are, therefore, considered landscape features. Documentation of the planting shall be required prior to the subsequent removal or other alteration of those voluntarily planted trees. Trees planted as mitigation do not qualify for this exemption.

Q.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0025 § 2, 2023; Ord. 2022-0004 § 1, 2022; Ord. 2019-0072 § 2, 2019.)

Prior to the submittal of an application for activities involving development within a SEA, a preliminary review of proposed development activities and consideration of the associated impacts on SEA Resources shall occur through a SEA Counseling meeting, unless waived at the discretion of the Director.

A.

Application Materials. The applicant shall submit the following:

SEA Counseling Application and applicable fees;

2.

Biological Constraints Map ("BCM"); and

3.

Conceptual Project Design.

B.

Recommendation. The Director shall recommend at the SEA Counseling meeting one of the following:

1.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards), only a Ministerial SEA Review shall be required per Section 22.102.060 (Ministerial SEA Review);

2.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), a Ministerial SEA Review and Protected Tree Permit shall be required per Sections 22.102.060 (Ministerial SEA Review) and 22.102.070 (Protected Tree Permit); or

3.

Because the conceptual project does not demonstrate the ability to comply with Section 22.102.090 (SEA Development Standards), an SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit).

(Ord. 2019-0072 § 2, 2019.)

A.

Review Procedures. The Ministerial SEA Review shall be a biological review, conducted by the County Biologist, to accompany the review process for the use permit required by the underlying zone and other provisions of this Title 22. A Ministerial SEA Review shall be required for any development to determine compliance with the following:

1.

The total building site area shall be no more than 20,000 square feet;

2.

Development is consistent with Section 22.102.090 (SEA Development Standards); and

3.

Natural open space preservation is provided in compliance with Section 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. In addition to the required application materials for the appropriate use permit, the following materials shall be submitted for the Ministerial SEA Review:

1.

Site Plan. A site plan identifying:

a.

All proposed development, including on-site and off-site ground-disturbing activity and vegetation removal;

b.

Grading activity location, description, and quantities identified by cut, fill, import, export, and natural grade;

c.

Areas to be re-vegetated or restored, including a plant identification list with the botanical and common names of all planting materials;

d.

Location and square footage of decorative landscaping or crops, including proposed groundcover areas, shrub mass, and existing and proposed tree locations, for all common or open space areas not left in a natural state. Plant identification lists shall include botanical and common names of all planting materials; and

e.

On-site natural open space preservation, as applicable.

2.

A Biological Constraints Map (BCM).

3.

Natural Open Space Recordation documentation per Section 22.102.100 (Natural Open Space Preservation) with an attached exhibit identifying the required preserved natural open space area.

C.

Additional Review.

1.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately determine compliance with Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

(Ord. 2019-0072 § 2, 2019.)

Trees serve a significant role in the SEAs by providing habitat and ecosystem services. The intent of the following tree protection regulations is to encourage the responsible management of trees in the SEAs.

A.

Permit Required. A Protected Tree Permit shall be required for development that complies with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), and which includes any of the following impacts:

1.

Pruning or trimming of branches of SEA Protected Trees in excess of two inches in diameter or 25 percent of live foliage for one or more trees;

2.

Encroachments of up to 30 percent into a SEA Protected Tree's protected zone. Any encroachment of more than 30 percent into the protected zone of a tree shall be considered as a tree removal, as described in Subsection A.3 below;

3.

Removal of up to two SEA Protected Trees that are not designated as Heritage Trees; or

4.

Tree relocation poses significant risk to the health or survival rate of a tree. Any relocation of a SEA Protected Tree shall, therefore, be processed as a removal, as described in Subsection A.3 above.

B.

A SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit) for the following impacts:

1.

Removal of more than two SEA Protected Trees; or

2.

Removal of any SEA Protected Tree designated as a Heritage Tree.

C.

Application Materials. The following materials shall be submitted for the Protected Tree Permit:

1.

Application materials for Type II Review in compliance with Chapter 22.228 (Type II Review - Discretionary);

2.

Protected Tree Report prepared by an arborist or a resource specialist, which shall include the following:

a.

Associated tree survey map;

b.

Descriptions and locations of all existing SEA Protected Trees on the subject property and impacted SEA Protected Tree(s) adjacent to the subject property;

c.

Existing health and potential impacts of development of each SEA Protected Tree;

d.

Identification of all proposed SEA Protected Tree removals and encroachments; and

e.

Recommendations for avoiding, minimizing, and/or mitigating SEA Protected Tree impacts.

3.

Oak tree species may require additional application materials, as stated in Chapter 22.174 (Oak Tree Permits).

D.

Burden of Proof. In addition to the materials required per Subsection 22.102.070.C (Application Materials), the application shall substantiate to the satisfaction of the Commission or Hearing Officer the following facts:

1.

That any proposed construction will be accomplished without endangering the health of the remaining SEA Protected Tree(s), if any, on the property; and

That the removal or encroachment of the SEA Protected Tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters that cannot be satisfactorily mitigated.

E.

Findings. A Protected Tree Permit may be approved only if the action proposed will not be contrary to, or be in substantial conflict with, the intent and purpose of the Protected Tree Permit procedures and the following findings are made:

1.

That the proposed impacts to SEA Protected Tree(s) will be mitigated in compliance with Subsection 22.102.070.F (Mitigation); and

2.

One or more of the findings below:

a.

That the required action is necessary to allow reasonable economic or other enjoyment of the property, and there is no other feasible design alternative that would avoid impact to the SEA Protected Tree(s);

b.

That the SEA Protected Tree(s) proposed for removal, encroachment, or pruning interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists, other than removal of the SEA Protected Tree(s); or

c.

That the condition of the SEA Protected Tree(s) proposed for removal, encroachment, or pruning due to disease, danger, or falling is such that it cannot be remedied through reasonable preservation practices.

F.

Mitigation.

1.

Mitigation Ratios. Impacts to SEA Protected Trees shall be mitigated per the mitigation ratios in Table 22.102.070-A.

SEA CUP required

Removal of Heritage Tree

2.

Where pruning or trimming of SEA Protected Trees exceeds 25 percent of live foliage or involves cutting of branches greater than two inches in diameter, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the pruning, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

3.

Where development encroaches up to 30 percent of the protected zone of SEA Protected Trees, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the proposed development, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

4.

Required replacement trees shall consist exclusively of native trees of the same species being removed, and shall be in the ratio required in Table 22.102.070-A. Each replacement tree shall be monitored by the County Biologist or Forester with the Fire Department for a period of not less than seven years, with monitoring visits in years two, four, and seven. Replacement trees shall be properly cared for and maintained during the full monitoring period, and shall be replaced by the applicant or permittee, should any of these trees be lost or suffer unacceptable decline of health or vigor, at the end of the monitoring period.

5.

Protected Tree Fund. If replacement on the project site of SEA Protected Trees proposed for encroachment or removal is inappropriate, a Forester with the Fire Department or County Biologist may recommend that the applicant pay into the Protected Tree Fund the amount equivalent to the resource value of the trees described in the Protected Tree Report. The resource value shall be calculated by the applicant and approved by a Forester with the Fire Department or County Biologist according to the most current edition of the International Society of Arboriculture's "Guide for Plant Appraisal."

a.

Funds collected shall be used for the following purposes:

i.

Establishing and planting native trees on public lands;

ii.

Maintaining existing native trees on public lands;

iii.

Purchasing native tree woodlands;

iv.

Purchasing sensitive native trees of ecological, cultural, or historic significance; or

v.

Outreach and educational programs to promote woodland establishment and protection.

b.

Not more than 20 percent of the funds collected may be used for outreach and educational programs, for accomplishing the purposes described in Subsection F.5.a above.

G.

Noticing and Public Hearing. Noticing and public hearing procedures for a Protected Tree Permit shall be consistent with the requirements of Type II Review stated in Division 9.

H.

Enforcement. In interpreting the provisions of Section 22.102.070 (Protected Tree Permit) as applied to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0072 § 2, 2019.)

A.

Permit Required. A discretionary SEA CUP application shall be required for development that cannot demonstrate compliance with Section 22.102.070 (Protected Tree Permit), or Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. An application for a SEA CUP shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary).

1.

In addition to the application materials listed in Subsection 22.102.060.B (Application Materials), the applicant shall submit the following to the satisfaction of the Director in consultation with the County

Biologist:

a.

Biological Constraints Analysis (BCA);

b.

Biota Report; and

c.

Additional materials and information that may be deemed necessary by the Director, County Biologist, or SEATAC to adequately evaluate the application.

2.

The Director may waive one or more of the items in this Subsection B when deemed unnecessary to process the application.

C.

Additional Review.

1.

Site Visit. Site visit(s) by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

2.

SEATAC Review. Prior to a public hearing, a SEA CUP application shall be required to undergo review by the SEATAC, unless waived by the Director. The scope of the SEATAC review shall be consistent with Section 22.102.150 (Significant Ecological Areas Technical Advisory Committee).

3.

Director's Report. The Director shall provide the following analyses and recommendations as part of the public hearing staff report:

a.

Evaluation of the proposed development and impacts to SEA Resources;

b.

Evaluation of the SEA Resources contained within and adjacent to the project site;

c.

Evaluation of the cumulative losses to the SEA Resources resulting from proposed and prior project development activity;

d.

Appraisal of measures proposed to avoid, mitigate, or protect the identified impacts to resources contained within the SEA;

e.

Evaluation of whether the project, as proposed, is consistent with Subsection 22.102.080.D (Findings);

f.

Recommended changes, if any, to the proposed development necessary or desirable to achieve compliance with Section 22.102.090 (SEA Development Standards) and consistent with Subsection 22.102.080.D (Findings), and relevant goals and policies of the General Plan;

g.

Recommended conditions, if any, to be imposed to ensure that the proposed development will be consistent with Subsection 22.102.080.D (Findings) and relevant goals and policies of the General Plan;

h.

SEATAC's determination of project compatibility and applicable recommendations; and

i.

Any relevant information as deemed necessary by the Director or County Biologist.

D.

Findings. The Commission or Hearing Officer shall approve an application for a SEA CUP, if the Commission or Hearing Officer finds that the application substantiates, in addition to those required by Section 22.158.050 (Findings and Decisions), the following findings:

1.

The proposed development is highly compatible with the SEA Resources, including the preservation of natural open space areas and providing for the long-term maintenance of ecosystem functions;

2.

The proposed development avoids or minimizes impacts to the SEA Resources and wildlife movement through one or more of the following:

a.

Avoiding habitat fragmentation;

b.

Minimizing edge effects; or

c.

Siting development in the least sensitive location.

3.

Important habitat areas are adequately buffered from development by retaining sufficient natural vegetation cover and/or natural open spaces and integrating sensitive design features;

4.

The proposed development maintains ecological and hydrological functions of water bodies, watercourses, and their tributaries;

5.

The proposed development ensures that roads, access roads, driveways, and utilities do not conflict with Priority Biological Resources, habitat areas, migratory paths, or wildlife corridors; and

6.

The proposed development promotes the resiliency of the SEA to the greatest extent possible. For purposes of this finding, SEA resiliency is not promoted when the proposed development may cause any of the following:

a.

Significant unmitigated loss of contiguity or connectivity of the SEA;

b.

Significant unmitigated impact to a Priority Biological Resource;

c.

Removal of habitat that is the only known location of a new or rediscovered species; and/or

d.

Other factors as identified by SEATAC.

(Ord. 2019-0072 § 2, 2019.)

All new development in SEAs shall avoid or minimize impacts to SEA resources, habitat linkages, and wildlife corridors in accordance with this Section:

A.

SEA Resource Categories. The following are disturbance thresholds and on-site natural open space preservation requirements organized by SEA Resource Category. SEA Resource preservation shall be provided on-site, in accordance with Section 22.102.100 (Natural Open Space Preservation) within this Chapter.

1.

SEA Resource Category 1. No amount shall be disturbed.

2.

SEA Resource Category 2.

a.

Disturbances shall not exceed 500 square feet and shall preserve at least two times the disturbed area of the same type of SEA Resource.

b.

Development shall not result in abandonment or failure of any den, burrow, roost, nest, or special habitat feature utilized by animals included in SEA Resource Category 2.

3.

SEA Resource Category 3.

a.

Disturbances not exceeding 500 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbances that exceed 500 square feet shall preserve at least two times the disturbed area of the same type of SEA Resource.

4.

SEA Resource Category 4.

a.

Disturbances that exceed 5,000 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbance of more than 10 individual rare plants in this category shall preserve an equal number of the same species of rare plants.

B.

SEA Protected Trees.

1.

A minimum five-foot setback from the dripline or 15-foot setback from the trunk, whichever is greater, of a SEA Protected Tree shall be required.

2.

Encroachment into no more than 10 percent of the protected zone of up to four SEA Protected Trees listed in the SEA Protected Tree List maintained by the Department may be permitted.

3.

Removal of one SEA Protected Tree that is not designated as a Heritage Tree may be permitted.

C.

Water Resources. All development, inclusive of fuel modification/brush clearance, is subject to the following setbacks from a water resource per Table 22.102.090-A.

D.

Other Development Standards.

Wildlife-Impermeable Fencing, Wall, or Enclosure. Wildlife-impermeable fencing, walls, and enclosures shall be permitted within the building site area. One impermeable enclosure for the purpose of protecting livestock or companion animals shall be permitted within the development footprint.

2.

Wildlife-Permeable Fencing. When needed to delineate lot boundaries or to section off development features, such as streets, trails, driveways, active recreation areas, or animals keeping structures, wildlifepermeable fencing shall be used outside of the building site area. Wildlife-permeable fencing shall be designed as follows:

a.

Fences shall be of an open design and made of materials visible to wildlife, such as wood rail, steel pipe, vinyl rail, PVC pipe, recycled plastic rail, or coated wire;

b.

The bottom edge of the lowest horizontal element shall be no closer than 18 inches from the ground; and

c.

Except where a different height is required per Title 21 or 22, the top edge of the topmost horizontal element shall be no higher than 42 inches from the ground.

3.

Fencing Materials. Fencing shall be designed with materials not harmful to wildlife. Prohibited materials include, but are not limited to, spikes, glass, razor wire, and nets. All hollow fence and sign posts, or posts with top holes, such as metal pipes or sign posts with open bolt holes, shall be capped and the bolt holes filled to prevent the entrapment of bird species.

4.

Window Reflectivity. All windows shall be comprised of non-glare/non-reflective glass or utilize methods to achieve non-reflectivity.

5.

Outdoor Lighting. Outdoor lighting in all SEAs shall be provided in accordance with applicable provisions of Chapter 22.80 (Rural Outdoor Lighting District) and shall be directed to avoid light trespass upwards into the night sky and onto natural habitat areas.

6.

Natural Open Space Buffer. Habitable structures shall be set back at least 200 feet from existing and proposed natural open space located within the project site lot(s) or natural open space recorded on adjacent lots, unless the Fire Department approves a modified distance specified in an approved fuel modification plan.

7.

Landscaping and Fuel Modification. Landscape plans shall be submitted with an application for new development that include all cut and fill slopes, areas disturbed by the proposed construction activities, required fuel modification or brush clearance, and any proposed restoration area(s).

a.

All new development shall minimize removal of natural vegetation to minimize erosion and sedimentation, impacts to scenic resources, and impacts to biological resources.

b.

All cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated.

c.

Plantings within the building site area and Fuel Modification Zones A and B shall consist of a mix of locally indigenous, drought-tolerant plant species and non-invasive, drought-tolerant ornamental plants and gardens with associated irrigation.

d.

Fuel Modification Zone C shall consist of thinning the density of existing native vegetation. Should additional planting be needed in Zone C or outside of fuel modification areas, the plant palette shall consist entirely of locally indigenous, drought-tolerant plant species that blend with the existing natural vegetation and habitats on the site.

e.

All vegetative species utilized in landscaping shall be consistent with Fire Department requirements, and all efforts shall be made to conserve water.

f.

Plants listed on the Invasive Species list maintained by the Department shall be prohibited in all proposed landscaped and restoration areas.

g.

Tilling and discing shall be prohibited for fuel modification and brush clearance activities in all Fuel Modification Zones.

8.

Natural Open Space. Driveways, streets, roads, or highways shall not be placed within required natural open space areas.

E.

Land Use-Specific Development Standards.

Crops.

a.

Crops as an accessory use shall consist of non-invasive species and shall be located entirely within required Fuel Modification Zone B.

b.

Crops as a primary use shall consist of non-invasive species and shall be located entirely within SEA Resource Category 5.

2.

Exploratory Testing.

a.

Permitted use. Exploratory testing as a primary or accessory use shall be permitted and shall comply with the following:

i.

Access for exploratory testing shall consist of existing roads, previously graded or disturbed areas, or use track-mounted drill rigs.

ii.

Vegetation removal activities shall be conducted in a manner that protects existing vegetative rootstock.

iii.

Any exploratory testing accessory to a primary use, where such primary use development is exempt from this Chapter per Section 22.102.040 (Exemptions), shall herein be exempt from this development standard.

iv.

A Restoration Plan shall be required at the time of application submittal.

b.

Exploratory Testing Stabilization. Within 90 days from completion of exploratory testing, areas of disturbance resulting from exploratory testing shall be stabilized with temporary erosion control measures and seeded with locally indigenous species to prevent erosion and instability.

c.

Exploratory Testing Restoration. Full restoration of areas of disturbances resulting from exploratory testing shall be conducted as follows:

i.

Where a subsequent project is withdrawn, denied, or determined to be infeasible, or exploratory testing areas are found to be unusable, restoration of the disturbed area shall commence within one year of withdrawal, denial, or determination of infeasibility.

ii.

Where a subsequent project is approved, the exploratory testing locations outside of the approved building site area shall be restored, with restoration commencing within one year of disturbance.

iii.

All required restoration shall be completed to the satisfaction of the Director.

3.

Land Divisions. All land division projects shall be required to preserve at least 75 percent of the original undivided parcels as natural open space and shall not exceed a maximum development footprint of 25 percent of the original undivided parcels. Development areas shall be designed in one contiguous location and result in the largest, intact blocks of habitat with the lowest perimeter to area ratio, to the maximum extent feasible.

a.

Large Lot Parcel Map. Large lot parcel maps for sale, lease, financing, or transfer purposes, shall demonstrate that all resulting parcels have reasonable potential for future development that meets Section 22.102.090 (SEA Development Standards), (e.g., adequate areas of SEA Resource Categories 4 and/or 5, setback from water resources, 75 percent open space, and clustered development) based on the original undivided parcels.

(Ord. 2019-0072 § 2, 2019.)

This Section sets forth the preservation and recordation requirements for natural open space when required by this Chapter, either in compliance with Section 22.102.090 (SEA Development Standards) or to offset impacts to SEA Resources through a SEA CUP.

A.

Natural Open Space Requirements. Development within a SEA shall preserve natural open space as follows:

Ministerial SEA Review. Provide on-site as required per Section 22.102.090 (SEA Development Standards);

or

2.

SEA CUP. Provide on-site or off-site per Subsection D.2 (Natural Open Space Preservation Mechanisms), as approved by the Commission or Hearing Officer.

a.

For land division projects, at least 75 percent of the original undivided parcels shall be preserved as required natural open space.

3.

Natural open space recordation shall occur prior to any grading, removal of vegetation, construction, or occupancy, consistent with State law conservation easement requirements.

B.

Natural Open Space Configuration.

1.

Preserved natural open space shall be configured into one contiguous area, to the maximum extent

feasible, unless the County Biologist determines that multiple, non-contiguous areas is the environmentally superior configuration.

2.

Preserved natural open space areas shall be contiguous with other natural open space areas on adjoining lots, to the maximum extent feasible.

3.

Driveways, streets, roads, or highways shall be prohibited in natural open space area(s), unless the Commission or Hearing Officer finds it necessary to ensure adequate circulation or access. Such driveways, streets, roads, or highways shall not be counted as a portion of the total required natural open space provided, and shall include any necessary wildlife crossings and/or other features necessary to avoid biological impacts.

C.

Natural Open Space Use. Preserved natural open space required by this Chapter shall be maintained in its natural undeveloped condition. There shall be no removal of trees, or vegetation, or other disturbance of natural features, with the following exceptions, as deemed appropriate by the Director prior to the disturbance:

Disease control and/or control of non-native plants;

2.

Habitat restoration;

3.

Paths constructed and maintained to minimize environmental impact to the area;

4.

Wildlife-permeable fences constructed and maintained to minimize environmental impact to the area;

5.

Fire protection, when determined by the County Biologist to be compatible with the SEA Resources being preserved; or

6.

Activities to maintain a specific habitat condition, including animal grazing, when recommended by the County Biologist and accompanied by an approved management plan.

D.

Natural Open Space Preservation Mechanisms.

1.

Ministerial SEA Review. Development that complies with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation on-site through a permanent deed restriction or a covenant between the County and the property owner.

2.

SEA CUP. Development not in compliance with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation, within or contiguous with the same SEA, through one or more of the following, listed in the order of County preference:

a.

Dedication of land for the purpose of natural open space preservation to:

i.

An accredited land trust that meets the qualifications of non-profits requesting to hold mitigation land pursuant to Section 65965, et seq. of the California Government Code; or

ii.

A government entity, such as the County, State, or federal government, or a city, district, or joint powers authority for the purpose of natural open space preservation;

b.

Conservation or mitigation bank;

c.

A conservation easement recorded with the Registrar-Recorder/County Clerk as an irrevocable offer to dedicate, or equivalent instrument that requires the natural open space to remain in perpetuity and extinguishes all future development rights;

d.

Permanent on-site deed restriction;

e.

Covenant between County and property owner; or

f.

Conservation in-lieu fees.

(Ord. 2019-0072 § 2, 2019.)

22.102.110 - Enforcement.

A.

Any activity defined as development in the SEAs, which occurs prior to receiving an approved permit, is prohibited.

B.

Unpermitted disturbed areas shall be stabilized with temporary erosion control measures and temporarily seeded with locally indigenous species within 30 days of issuance of a Notice of Violation, as directed by the County Biologist.

C.

Restoration Permit. If a permit is not obtained per Sections 22.102.060 (Ministerial SEA Review), 22.102.070 (Protected Tree Permit), or 22.102.080 (SEA Conditional Use Permit), or restoration of disturbed exploratory testing area is not completed per Section 22.102.090.E.2 (Exploratory Testing), a Restoration Permit shall be required.

1.

Application Materials.

a.

Application materials for Type II Review; and

b.

Restoration Plan.

2.

Findings. The Commission or Hearing Officer shall approve an application for a Restoration Permit in a SEA, if the Commission or Hearing Officer finds that the application substantiates the following findings:

a.

The restoration corresponds with the SEA Resources, habitats, and ecosystem services that were degraded by the unpermitted development;

b.

The restoration will create and enhance biologically functional habitats;

c.

The restoration resolves any violations of unpermitted development; and

d.

The restoration is consistent with Section 22.102.010 (Purpose) and Subsection 22.102.080.D (Findings).

3.

Noticing and Public Hearing. Noticing and public hearing procedures for a Restoration Permit shall be consistent with the requirements of Type II Review stated in Division 9.

D.

When a Notice of Violation has been issued by the Department, the Director may set the matter for a public hearing before the Commission to consider a five-year ban on filing any new application, or acting upon any application for the subject property. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a SEA CUP per Section 22.102.080 (SEA Conditional Use Permit). Following a public hearing, the Commission may place up to a five-year ban on filing any applications, but may exempt emergency permits and/or permits deemed by the Director, as necessary, for the subject property to address a violation or permit revocation on the property. The Director shall record such five-year ban with the Registrar-Recorder/County Clerk. The five-year period shall commence from the date of such recordation.

(Ord. 2019-0072 § 2, 2019.)

A.

Filing Fees. Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposit).

B.

SEA Counseling Fee. The SEA Counseling Fee shall cover up to two SEA Counseling meetings.

C.

SEATAC Review Fee. Development subject to SEATAC Review shall require an additional filing fee per Section 22.222.080 (Fees and Deposit), subject to the following:

1.

The SEATAC Review Fee shall cover up to three SEATAC meetings. Additional review meetings by SEATAC shall require a new fee.

2.

The SEATAC Review Fee may be refunded, if a written request is received from the applicant prior to the scheduling of the first SEATAC meeting, and if the development is re-designed to meet standards outlined in Section 22.102.090 (SEA Development Standards).

(Ord. 2019-0072 § 2, 2019.)

County projects proposing development in a SEA shall submit an application for a review by the Department. County projects and maintenance activities performed as a result of emergency or hazard management shall be documented. The documentation shall be provided to the Department for a determination of the applicability of this Chapter. Emergency or hazard management activities include any activity required, requested, authorized, or permitted by a local, State, or federal agency, in response to an emergency.

A.

Information Required. Prior to the start of the project, the lead County Department shall provide the following:

1.

Project scope of work;

2.

Location map;

3.

Environmental documents, if applicable; and

Regulatory permit requirements, if applicable.

B.

Review.

1.

Initial Review. The County Biologist shall review the project.

2.

SEATAC Review. The County Biologist may determine that SEATAC review is necessary, based on the project proposal.

C.

Recommendation. The County Biologist and SEATAC, as necessary, may submit a report to the lead County Department that includes recommendations on the project design and compatibility with Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

22.102.140 - Review Procedures for Habitat Restoration Projects.

The Department shall review a proposed restoration or enhancement plan for habitat restoration not required as direct mitigation for an approved permit. Proposed restoration and enhancement plans shall demonstrate how restored habitat function will be consistent with this Chapter.

A.

Information Required. A Restoration Plan shall be submitted. An existing plan or equivalent that fulfills the requirements of a Restoration Plan may be accepted as a substitute.

B.

Review.

1.

The Director, in consultation with the County Biologist, shall review the project proposal.

2.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

Subsequent activities that fall within the scope of the approved restoration or enhancement plan shall not require further review by the Department.

4.

Habitat restoration shall be required to demonstrate how the project substantiates Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

22.102.150 - Significant Ecological Areas Technical Advisory Committee ("SEATAC").

SEATAC serves as an expert advisory committee that assists the Department in assessing a project's impact on SEA Resources.

A.

Rules and Procedure. The Director shall establish rules and procedures for the conduct of SEATAC's business.

B.

SEATAC Review. SEATAC shall evaluate projects requiring SEATAC review per Section 22.102.080 (SEA Conditional Use Permit), as follows:

1.

Ruling on the adequacy of the BCA and Biota reports, if applicable;

2.

Recommending redesign and/or mitigation measures to avoid, minimize, or mitigate impacts to SEA Resources; and

3.

Recommending a determination of the consistency of the development project with this Chapter, including consideration of the following:

a.

The project's ability to comply with Section 22.102.090 (SEA Development Standards);

b.

The project's ability to mitigate impacts to SEA Resources through natural open space preservation;

c.

The project's ability to meet the findings of Subsection 22.102.080.D (Findings); and

d.

The project's avoidance of disturbance to regional habitat linkages.

(Ord. 2019-0072 § 2, 2019.)

Chapter 22.104 - HILLSIDE MANAGEMENT AREAS