2.6 was titled screening of applications.

8184-3 - Hearing and notice requirements.

The Planning Commission and Board of Supervisors shall each hold at least one public hearing on any amendment request if appropriate as indicated below. The hearing and notice requirements and public hearing procedures shall be the same as those prescribed in Section 8181-6.2 of this Chapter.

8184-4 - Decisions. 8184-4.1 - Planning Commission approval.

The Planning Commission shall forward to the Board of Supervisors by resolution those requests for which the Planning Commission recommends approval or recommends the adoption of an ordinance to amend the LCP. Said resolution shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing thereon, unless waived by the Board of Supervisors.

8184-4.2 - Planning Commission denial.

Amendment requests to the Coastal Zoning Ordinance initiated by private parties, the Planning Commission, or the Planning Director that the Planning Commission has denied shall not be forwarded to the Board of Supervisors, and the action of the Planning Commission shall be final unless an appeal is filed in accordance with Article 11. The sole exception is amendment requests initiated by the Board of Supervisors for which the Planning Commission has recommended denials; such requests shall be forwarded to the Board of Supervisors within forty (40) days following the close of the Planning Commission hearing.

(Ord. No. 4451, § 9, 12-11-2012)

8184-4.3 - Board of Supervisors action.

(a)

Following a public hearing, the Board of Supervisors may approve, modify or disapprove any Planning Commission recommendation regarding an amendment request to the Coastal Zoning Ordinance, provided that any modification of the proposed amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred back to the Planning Commission for a report and recommendation. In addition, the public hearing shall be continued to allow sufficient time for the Planning Commission to report back to the Board of Supervisors. The Planning Commission shall not be required to hold a public hearing prior to reporting back to the Board of Supervisors. Failure of the Planning Commission to report back within forty (40) days after such referral, or within a period of time designated by the Board of Supervisors, shall be regarded as approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" by the Planning Commission if the modification of the proposed amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission.

(b)

The Board of Supervisors may impose reasonable conditions that must occur prior to the effective date of any amendment request for the protection of public health, safety, and general welfare.

(c)

The Board of Supervisors action to approve, in whole or part, an amendment request shall not be deemed effective until after the Coastal Commission has reviewed and approved the request.

(Ord. No. 4451, § 9, 12-11-2012)

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)

8184-5.1 - Contents of submittal.

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)

8184-5.2 - Coastal Commission action.

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)

8184-5.3 - LCP amendments do not alter categorical exclusion orders.

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.

tive, 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-