Article 8 — General Development Standards/Conditions—Resource Protection

8178-1 - Purpose.

The purpose of this Article is to provide development standards and conditions necessary for the protection of environmental and other resources in the Coastal Zone. This Article must be used in conjunction with any specific development standards found in Articles 5, 6, and 7, and with all provisions and policies of the LCP Land Use Plan, to determine all the standards and conditions for a proposed development.

8178-2 - Environmentally sensitive habitat areas (ESHA).

Editor's note— Ord. No. 4586, adopted Oct. 19, 2021, amended Sec. 8178-2 in its entirety to read as herein set out. Former Sec. 8178-2, §§ 8178-2.1—8178-2.4, pertained to similar subject matter, and derived from Ord. No. 4451, § 9, adopted December 11, 2012.

8178-2.1 - Purpose and content.

The purpose of this section is to provide regulatory standards for the protection of sensitive biological resource areas (ESHA) in the coastal zone and to ensure that development is sited and designed to avoid impacts to, and to be compatible with, the long-term preservation of these coastal resources.

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

8178-2.2 - Applicability.

Section 8178-2 applies to all new/modified development, including repair/maintenance activities, which meets both of the following criteria:

(a)

The development or repair/maintenance activities require a Coastal Development Permit or discretionary Coastal Development Permit modification(i.e., development and repair/maintenance activities which are exempt or excluded from Coastal Development Permit requirements pursuant to Section 8174-6 are not subject to this Section 8178-2); and

(b)

The proposed development envelope or repair/maintenance activities are located in one (1) or more of the following areas:

(1)

Habitats classified as an ESHA (see Section 8178-2.4.1), which include but are not limited to areas with mapped ESHA on certified ESHA maps (see Coastal Area Plan, Figures 4.1.3-1 through Figure 4.1.3-3); or

(2)

Habitats or areas classified as a buffer zone* (see Section 8178-2.4.4) or areas located within three hundred (300) feet of either: land protected by a conservation easement or land acquired by a conservation organization; or

(3)

Habitats or areas within three hundred (300) feet of land owned by a federal/state natural resource agency and used for habitat protection (e.g., Point Mugu State Park).

(4)

Within five hundred (500) feet of a wet environment.

In all cases, informational sources used to make ESHA or buffer zone determinations shall include certified ESHA maps, site-specific environmental assessments/maps, aerial photographs, and habitat/wildlife information available from federal/state/local natural resource agencies (e.g., National Park Service or other vegetation maps, wildlife tracking GIS data, monarch butterfly overwintering sites, California Natural Diversity Database). See Appendix AE-1.3.2(f) for a complete list of information sources. If inadequate information is available in existing, available informational sources to determine whether the proposed development is in ESHA or buffer zone, the site-specific environmental assessment prepared for the proposed project shall be used to determine the applicability of Section 8178-2.

The Planning Director or designee may determine based on available biological evidence that this section applies to new/modified development, including repair/maintenance activities, that does not meet the above criteria, but that has the potential to result in adverse impacts to ESHA or buffer zone.

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

8178-2.3 - Environmental reviews.

To ensure that adverse impacts to ESHA are avoided to the maximum extent feasible, all Coastal Development Permit applications shall be evaluated for compliance with all applicable ESHA policies and standards of the LCP. During environmental review, if multiple environmental resource regulations are applicable to the proposed project, the regulation that is the most protective of the ESHA ecosystem shall be used to regulate the development. Environmental reviews shall include a site-specific environmental assessment and a least damaging alternatives analysis, and shall be based on an evaluation of the following:

(a)

Site-Specific Environmental Assessment. Except as provided by subsection (3) below, a site-specific environmental assessment (Coastal Initial Study Biological Assessment, or CISBA) shall be prepared pursuant to the requirements of Section AE-1.3, including the following:

(1)

Site-Specific ESHA Map. To accurately identify and assess the impacts of proposed development on ESHA and buffer zones, a site- specific ESHA map is required that delineates all ESHA and buffer zones on all portions of the subject lot and shall include the following:

i.

The site-specific map shall be adequate to determine all potentially adverse direct, indirect and cumulative impacts to ESHA resources and confirm that the proposed project is the least environmentally damaging alternative. The minimum geographic extent of field surveys for a site-specific ESHA map shall be the area within a 500-foot radius of the proposed development envelope. When an expanded fuel modification zone is proposed for existing structures, the geographic extent of the field surveys shall include a 100-foot radius beyond the proposed expanded fuel modification zone (see in Appendix E1, Section AE-1.3.2.(g)(1)(iv). All portions of the subject lot that lie outside the required 500-foot field survey area shall be mapped using certified ESHA maps, aerial photographs and/or habitat/wildlife information available from federal/state/local natural resource agencies (e.g., National Park Service or other vegetation maps, wildlife tracking GIS data, monarch butterfly overwintering sites, California Natural Diversity Database. (See Appendix E1, Sections AE-1.3.1(a) and AE- 1.3.2(g)(2)); and

ii.

The geographic extent of field surveys/maps for a monarch butterfly overwintering site is a 1,000-foot radius of the proposed development envelope.

See Section 8178-2.4.3 and Appendix E1, Section AE-1.3.1(b) for information on the geographic extent for specific types of surveys.

(2)

Environmental Analysis. An analysis of all potentially adverse direct, indirect, and cumulative impacts on ESHA resources. All areas that meet the definition of ESHA or buffer zone shall be mapped as ESHA or buffer zone on a site-specific ESHA map and shall be accorded all protections for ESHA required by the policies or standards of the LCP.

(3)

Minor Development. A new CISBA is not required for minor development (e.g., a fence or small accessory structure) in an approved building site if the project includes no grading, would not result in an increased building site or fuel modification zone, and is located at least one hundred (100) feet from a wet environment.

(4)

The Planning Staff Biologist, County's designated biological consultant, or Coastal Commission on appeal shall determine if the content and conclusions of the CISBA and the graphic depiction of habitats on the site-specific ESHA map were completed pursuant to the policies and standards of the LCP.

See Appendix E1 for a description of the required contents and procedures for a site-specific environmental assessment (i.e., Coastal Initial Study Biological Assessment (CISBA)). See Section 8178-2.4 for information on the determination and delineation of ESHA and buffer zones.

(b)

Least Environmentally Damaging Alternatives Analysis. If the proposed project would potentially result in adverse impacts to ESHA or encroach within the buffer zone, an alternatives analysis shall be provided to determine whether the project constitutes the least environmentally damaging alternative. This requirement is not applicable to a project that is limited to an expanded fuel modification zone for existing, legally established structures. The least damaging alternatives analysis shall include the following:

(1)

Written description and graphic depiction of two (2) or more project design alternatives on a site plan that provide a reasonable range of options that minimize direct and indirect, adverse impacts on ESHA and encroachment within buffer zones. Project design alternatives shall depict all proposed development and shall include different locations, shapes and sizes that include, but are not limited to the following project components: building site, structures (e.g., house, garage, barn), site features (e.g., pool, patio, fences, landscaping), fuel modification zones (including the mandatory fuel modification zone required by the fire department and the maximum allowable expanded fuel modification zone), water tanks and other proposed development sited outside the building site, animal containment areas, driveway/access road(s), and water/wastewater systems.

(2)

Tabular summary that includes comparative data for the project design alternatives. The data provided shall include cubic yards of cut/fill for grading and acres of impacts on ESHA or buffer zone, sorted by habitat type; and

(3)

Written summary and findings that explain how the proposed project meets the requirements of Section 8178-2.6.1. If the proposed development is only allowed to provide an economically beneficial use (see Section 8178-2.5.3), include a list of LCP policies and standards that are not met by the project design alternatives; and

(4)

If the Planning Director or designee determines that there is inadequate evidence to indicate that the proposed project constitutes the least damaging alternative, the applicant shall be required to submit one (1) or more additional project design alternatives.

(c)

Natural Resource Agency Consultations. County staff and applicants for development projects shall consult with the California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, NOAA Fisheries, U.S. Army Corps of Engineers, and other natural resource agencies, as applicable based on each agency's jurisdiction over the subject resources, to ensure that any potential impacts to wetlands, streams, or other specific coastal resources under their jurisdiction are avoided or minimized in a manner consistent with state and federal laws. In addition, in the Santa Monica Mountains (M) Overlay Zone, permit applications shall be provided for review and comment to the National Park Service, State Department of Parks and Recreation, Santa Monica Mountains Conservancy,

Mountains Recreation and Conservation Authority and other conservation organizations holding property in the Santa Monica Mountains.

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

8178-2.4 - ESHA and buffer zone determination and delineation. 8178-2.4.1 - Definition of ESHA.

ESHA is 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. Each of the following landforms and habitat types constitute ESHA. This list shall be used in conjunction with the detailed information on ESHA determinations in Appendix E1:

(a)

Areas of Special Biological Significance as identified by the State Water Resource Control Board (i.e., Mugu Lagoon to Latigo Point Area of Special Biological Significance State Water Quality Protection Area).

(b)

Coastal bluff habitats.

(c)

Coastal dune habitats.

(d)

Coastal Sage Scrub (CSS) and Chaparral plant communities in the Santa Monica Mountains. (See coastal sage scrub and chaparral in special status species habitats).*

(e)

Critical Life Stages. Seasonal habitats supporting the following, critical life stages of a species:

(1)

Bat roosts or breeding colonies for special status species.

(2)

Denning or breeding sites for bears, mountain lions, bobcats, coyotes, and other special status species identified in subsection (j) below.

(3)

Occupied grunion spawning sites.

(4)

Monarch butterfly roost site habitat.

(5)

Occupied marine mammal rookery and haul-out areas.

(6)

Bird nesting, staging/stopover and roosting sites.

(f)

Habitat Connectivity Corridors. (See Section 8178-2.7.5 for corridor types/widths).

(g)

Native grasslands and savannah habitats consisting of perennial native needlegrasses (purple needlegrass, foothills needlegrass, nodding needlegrass) and their associated native forb species. Site-specific determinations are required to determine if non-native annual species characteristic of California annual grassland represent ESHA, and such determinations will depend on factors that include the size of native grass patches, number of patches, and their connectivity.

(h)

Oak and other native tree savanna and woodland communities.

(i)

Rock outcrop habitats.

(j)

Special Status Species Habitats:

(1)

Habitat that supports rare/special status plant and animal species, including species listed as endangered, threatened, or rare under the Federal or State Endangered Species Acts.

(2)

Habitat that supports federal or state candidate species for listing.

(3)

Habitat that supports California Fully Protected Species.

(4)

U.S. Fish and Wildlife Service designated critical habitat that is occupied or has a history of being occupied and the habitat retains the functions of the primary constituent elements of its designation.

(5)

Habitat that supports plant communities ranked G1 or S1 (critically imperiled globally or within the state), G2 or S2 (imperiled), or G3 or S3 (vulnerable to extirpation or extinction) in the California Department of Fish and Wildlife's California Natural Diversity Database (CNDDB) or by NatureServe's Natural Heritage Program.

(6)

Habitat that supports plant species assigned 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), or 4 (plants of limited distribution in California) by the California Native Plant Society.

(7)

Habitat that supports species tracked by the California Natural Diversity Database that are classified as species of greatest conservation concern.

(8)

Habitat that supports California Species of Special Concern.

(9)

Habitat that supports species on the Ventura County Locally Important Species List.

ESHA supporting special status species constitutes ESHA at the scale necessary for that species to be supported over its critical life stages or home range. Gaps or degraded areas within a contiguous stretch of ESHA may be included as part of the protected area for

the special status species.

(k)

Wet Environments: Wetlands,** estuaries, lagoons, lakes, rivers, streams, seeps, springs, and their associated riparian or alluvial scrub habitat, including unimproved reaches of Ventura County Water Bodies listed on the Clean Water Act 303(d) List.

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

*The Coastal Commission classified coastal sage scrub and chaparral plant communities in the Santa Monica Mountains as ESHA in 2003. See memo from John Dixon to Ventura County titled 'Designation of ESHA in the Santa Monica Mountains', dated March 25, 2003.

**See Appendix E1 for information on wetlands defined as ESHA.

8178-2.4.2 - ESHA Determinations.

ESHA shall be mapped and protected in accordance with the ESHA policies and standards of the LCP, and as follows:

(a)

If the applicant's CISBA contains substantial evidence that an area mapped as ESHA on the County's certified ESHA map does not contain habitat that meets the definition of ESHA (Appendix E1) or that an area not mapped as ESHA on the County's certified map does contain habitat that meets the definition of ESHA (Appendix E1), then the County shall determine the physical extent of ESHA on the project site based on information in the CISBA and the standards in this section. If the County determines that an area is not ESHA, the LCP policies and standards for the protection of ESHA shall not apply. The County shall maintain a record of ESHA determinations (see Appendix E1, Section AE-1.3), and such records shall be used to support periodic updates of the certified ESHA map.

(b)

An area that previously met the definition of ESHA but was damaged or destroyed by illegal removal or degradation of the habitat shall continue to qualify as ESHA.

(c)

An area that previously met the definition of ESHA but was damaged or destroyed by natural disaster shall continue to qualify as ESHA. Notwithstanding the foregoing, the County's decision-making authority may find that such an area is no longer ESHA based on a finding, supported by substantial evidence in the site-specific environmental assessment (Appendix E1, Section AE-1.2.2(c)), establishing that, twenty (20) or more years after the natural disaster, the destroyed ESHA has been permanently replaced by alternative habitat not defined as ESHA.

(d)

Areas occupied by existing, legally established development shall not constitute ESHA. Notwithstanding the foregoing, ESHA and/or buffer zone retained within an expanded fuel modification zone in accordance with an approved ESHA Vegetation Management Plan (See Appendix E2, AE-2.4 - ESHA Vegetation Management Plan) shall be protected as ESHA or buffer zone.

(e)

With the exceptions described within subsection (d) above, a legally established fuel modification zone is not classified as ESHA under the following circumstances:

(1)

The fuel modification zone width is specified in an approved coastal development permit; or

(2)

If the width of the fuel modification zone is not specified in an approved coastal development permit, the fuel modification zone shall be considered the width of the fuel modification zone shown around the legally established development in aerial photographs taken on October 18, 2018 and October 31, 2018 on file with the Planning Division, or up to two hundred (200) feet measured from the edge of legally established habitable structures, whichever area is smaller. Continued vegetation clearance outside the fuel modification

zone that occurred after the October 2018 aerial photographs dates (referenced above) shall be considered unauthorized development.

(3)

If the fuel modification zone was established prior to the effective date of the Coastal Act, in conformity with all applicable laws in effect at the time, and is not otherwise reflected in a permit, the size of the fuel modification zone consistently maintained as of January 1, 1977 shall be considered legally established development. However, if the historically maintained fuel modification zone was one hundred (100) feet or less on January 1, 1977, then the property owner shall be allowed to maintain the existing fuel modification zone width as described in subsection (e)(2) above.

(f)

Unless vegetation is altered or removed as part of an existing, legally established development or as part of an associated fuel modification zone which is not classified as ESHA pursuant to subsection (d) or (e) above, the alteration or removal of vegetation shall constitute unauthorized development (see Appendix E1, Section AE-1.2.2 - Additional Factors for ESHA Determinations).

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

8178-2.4.3 - ESHA Delineation in site-specific ESHA maps.

Within a site-specific ESHA map (Section 8178-2.3(a)), all areas that meet the definition of ESHA shall be mapped and protected as ESHA. The precise boundaries of ESHA on a site-specific map shall be based on the following:

(a)

Areas that meet the definition of ESHA, as set forth in Section 8178-2.4.1 and the ESHA determination/delineation criteria and procedures set forth in Section 8178-2.4.2 and Appendix E1, shall be mapped as ESHA. Such determinations shall be based on substantial evidence and information obtained from site-specific biological surveys, aerial photographs, and federal/state/local natural resource agency resources.

(b)

Wetland delineations shall be conducted according to the definitions of wetland boundaries contained in Section 13577(b) of Title 14 of the California Code of Regulations, and in conformance with the 1987 Army Corps of Engineers Wetland Delineation Manual and the 2008 Arid West Supplement.

ESHA delineation in site-specific ESHA maps shall be based on the applicant's site-specific environmental assessment, available independent evidence, and review by the Planning Division staff biologist.

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

8178-2.4.4 - Buffer zone delineations.

Buffer zones shall be established to provide distance and physical barriers between protected resources and human disturbance. All development shall be sited and designed to protect the adjacent resources and be compatible with the continuance of the habitat. See Sections 8178-2.6.3 and 8178-2.6.4 for additional requirements when siting development adjacent to ESHA, buffer zones, and parklands/open space areas.

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

8178-2.4.4.1 - Width of buffer zones.

Buffer zones shall be of sufficient width to avoid adverse impacts to ESHA or parkland/protected open space areas. The width of a buffer zone shall be delineated as follows:

(a)

The minimum width of a buffer zone shall be one hundred (100) feet, except for a local habitat connectivity corridor, which does not require a buffer zone (Section 8178-2.7.5).

(b)

A buffer zone that exceeds one hundred (100) feet is required when necessary to avoid adverse impacts to special status species (including habitats supporting critical life stages for such species). Please see Sections 8178-2.7.6, 8178-2.7.8, 8178-2.7.9, 8178- 2.7.2, 8178-2.7.3. Buffer zone widths that exceed one hundred (100) feet for habitats such as wetlands or other wet environments shall be identified during the environmental review process.

(c)

During construction and temporary outdoor festivals and sporting events, seasonal buffer zones shall be used to protect critical life stage habitats in accordance with the standards established in Sections 8178-2.6.13(g), 8178-2.7.6, 8178-2.7.7, and 8178-2.7.9, as follows:

(1)

Raptor and bird nesting and roosting sites (300—500 feet);

(2)

Bat roosts for special status species (200—500 feet);

(3)

Occupied marine mammal rookery and hauling ground habitats (300—500 feet);

(4)

Occupied grunion spawning sites (mechanical equipment, above highest tide wrack line); and

(5)

Denning or breeding sites for bears, mountain lions, bobcats, coyotes, and other special status species (200—650 feet).

See Sections 8177-4.1.7 for information on buffer zones required when development is located within one thousand (1,000) feet of publicly owned parklands; Section 8178-2.6.2(b) for information on the application of buffer zones for off-site ESHA in existing shoreline communities; and Section 8178-2.7.1.4 for information on buffer zones for limited sand removal. See Appendix E1 for information on the delineation of buffer zones for specific ESHA and Section 8178-2.4.4.2.

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

8178-2.4.4.2 - Measurements for buffer zones.

Buffer zone widths shall be measured from the outer extent of the vegetation that makes up the habitat or as follows:

(a)

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.

(b)

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

(c)

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

(d)

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.

(e)

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

(f)

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.

Appendix E1 also contains information on the delineation of buffer zones.

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

8178-2.5 - Allowable uses in ESHA or buffer zones.

Allowable uses (or development associated with such uses) in ESHA or buffer zones shall be limited to uses that are dependent on the biological resource, except where a non-resource dependent use is allowed pursuant to this Section 8178-2. All uses allowed in ESHA or buffer zones shall meet the standards for a least damaging alternative (see Section 8178-2.6.1), and such uses shall be sited, designed, and mitigated in a manner consistent with the standards in Sections 8178-2.6, 8178-2.7, and 8178-2.10.

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

8178-2.5.1 - Allowable resource-dependent use in ESHA or buffer zones.

Within an ESHA or a buffer zone, the following new resource-dependent uses may be permitted:

(a)

Nature study and environmental research.

(b)

Passive recreational uses, such as public access-ways, trails for hiking, bicycling or horseback riding, and low-impact campgrounds.

(c)

Directional, education, and interpretive signs or displays.

(d)

Habitat restoration, preservation, or enhancement, including the following:

(1)

Temporary fencing deemed necessary to prevent encroachment in the ESHA or buffer zone.

(2)

Vegetation management, including the removal of non-native vegetation, planting native species, weeding, supplemental plantings, and other maintenance measures when conducted for the purpose of ESHA restoration, establishment, or enhancement pursuant to an approved Habitat Restoration Plan (see Section 8178-2.10.9).

(3)

The placement/repair of site features within coastal dune habitats (e.g., raised walkways, fencing, predator-exclusion cages for shorebird nests), or the restoration of dune topology using sand replenishment or contouring or non-native invasive or invasive watch list plant species removal to facilitate the protection of native species reliant on a dune ecosystem. In all cases, coastal dune habitat modification or disturbance shall be the minimum amount necessary to accommodate the identified uses.

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

8178-2.5.1.1 - Allowable uses in streams and rivers.

In addition to resource-dependent uses, the following uses may be permitted within streams and rivers:

(a)

Necessary water supply projects.

(b)

Flood control, where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development.

(c)

Developments where the primary function is the improvement of fish and wildlife habitat.

Channelization or other substantial alterations to river or stream corridors shall be conducted in a manner that minimizes impacts to coastal resources and shall incorporate the best mitigation measures feasible to mitigate unavoidable impacts to the maximum extent feasible, including the depletion of groundwater.

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

8178-2.5.1.2 - Allowable uses in wetlands and open coastal waters.

The diking, dredging, or filling of wetlands, open coastal waters, lakes, and estuaries may be permitted for the following uses:

(a)

New or expanded port, energy, and coastal-dependent industrial facilities.

(b)

Mineral extractions, including sand for beach restoration, except in ESHA.

(c)

New or expanded boating facilities, and the placement of structural pilings for public recreational piers (this use excludes wetlands).

(d)

Nature study, aquaculture, or similar resource-dependent activities.

(e)

Habitat restoration or enhancement.

(f)

Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

(g)

Maintenance of existing, or restoration of previously dredged depths, in existing navigational channels, turning basins, vessel berthing/mooring areas, and boat launching ramps.

The uses listed above may only be permitted if otherwise consistent with the LCP and where there is no feasible, less environmentally damaging alternative and where feasible mitigation measures have been provided to minimize adverse environmental effects.

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

8178-2.5.2 - Allowable non-resource dependent use in ESHA or buffer zones.

Within ESHA or a buffer zone, the following non-resource dependent uses may be permitted, provided that such uses are the minimum necessary, meet the standards for a least damaging alternative (see Section 8178-2.6.1), and are sited, designed, and mitigated in a manner consistent with the standards in Sections 8178-2.6, 8178-2.7, and 8178-2.10:

(a)

New or modified wireless communication facilities, when the approval of the facility is mandated by federal law (see Sections 8175- 5.20.3(g) and 8175-5.20.5).

(b)

Existing public works facilities may be maintained and repaired in accordance with Coastal Zoning Ordinance provisions in Section 8174-6.3.2.

(c)

Public Works Facilities in accordance with this Article and Section 8175-5.9, and all other applicable provisions of this Chapter and the LCP Land Use Plan, provided that such facilities are necessary to protect public health/safety or essential public services for legally permitted development.

(d)

Shoreline Protective Devices. (See Section 8178-2.7.1.2(a).)

(e)

Non-resource dependent uses allowed pursuant to the economically beneficial use exception in Section 8178-2.5.3.

An existing, legally established principal structure may be rebuilt if it is destroyed by fire or a natural disaster. If it is an otherwise nonconforming use, it shall not be rebuilt within ESHA or the buffer zone. See the following sections for uses allowed in a buffer zone: Sections 8178-2.6.9.1, 8178-2.7.1.4, and 8178-2.6.2(b).

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

8178-2.5.3 - Economically beneficial use.

If the application of the policies, standards or provisions of the LCP regarding use of property designated as ESHA or buffer zone would deny all economically beneficial use of an applicant's property as a whole, an otherwise prohibited development may be allowed in ESHA or buffer zone in accordance with Policies 4.2 and 4.3 of the Coastal Area Plan and all other applicable regulations and requirements of the LCP. Development on a lot that is already developed in a manner that provides an Economically Beneficial Use shall not result in new disturbance or loss of ESHA or buffer zone that conflicts with the ESHA policies of the LCP. Applicants seeking approval of development pursuant to this economically beneficial use exception shall provide the information and documentation required pursuant Appendix E2 at Section AE-2.3, and the County's decision-making authority must make the findings required by Policy 4.3 of the Coastal Area Plan.

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

8178-2.6 - Site and building design standards in ESHA.

The purpose of the standards in this Section 8178-2.6 is to facilitate the conservation and protection of ESHA.

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

8178-2.6.1 - Least environmentally damaging alternative.

Any development allowed in ESHA or buffer zones, pursuant to Section 8178-2.5 shall constitute the least environmentally damaging alternative. The following findings shall be made regarding the development:

(a)

The development consists of a feasible project design alternative that results in the least damage (i.e., direct/indirect/cumulative impacts) to ESHA, when compared to other feasible alternatives, and protects ESHA (both on and off-site) against significant disruption of habitat values;

(b)

If the development is authorized to provide an economically beneficial use, the project shall, in addition to complying with Policies 4.2 and 4.3 of the Coastal Area Plan: (1) consist of a design alternative that avoids adverse impacts to ESHA (both on and off-site) to the maximum extent feasible; (2) include a building site that is consistent with the standards in Section 8178-2.6.2; and (3) minimize development outside the building site for access roads, fuel modification zone, and site grading.

Mitigation shall not be used as a substitute for selection of the least environmentally damaging project design alternative.

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

8178-2.6.2 - Maximum allowable building site in ESHA or buffer zone.

If development is allowed in ESHA or buffer zone pursuant to Section 8178-2.5.3, then the following standards shall be used to determine the maximum allowable building site based upon the County analysis of documentation and information provided by the applicant for development (See Appendix E2, Section AE-2.4):

(a)

Santa Monica Mountains. Within the Santa Monica Mountains (M) overlay zone, the maximum allowable building site shall be ten thousand (10,000) square feet, or twenty-five (25) percent of the legal lot size, whichever is less. The allowable building site may be increased above the maximum allowed by this Section when authorized pursuant to the incentive program in Section 8178-2.9.4.1, and it may be decreased pursuant to Section 8178-2.6.2.2(b). If the development is authorized to provide an economically beneficial use the permit shall be conditioned to require the remaining area of the lot located outside of the building site and mandatory fuel modification zone is preserved in perpetuity through a conservation easement or conservation instrument, 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.

(b)

Existing Communities.* On legal lots zoned Residential Beach (RB), Residential Beach Harbor (RBH), Coastal Residential Planned Development (CRPD), Coastal One-Family Residential (CR1), Coastal Two-Family Residential (CR2), Coastal Rural Exclusive (CRE- 20,000 sf only), and Coastal Commercial (CC), the allowable building site shall be determined as follows:

(1)

Development shall not be subject to a maximum allowable building site solely because the lot contains the required buffer zone for off-site ESHA. This standard is not applicable to a lot that contains the buffer zone for an off-site wet environment and, in such cases, additional encroachment into the buffer zone will not be authorized.

(2)

Most lots in existing communities are currently developed. If a lot does contain on-site ESHA, the maximum allowable building site shall be a maximum of ten thousand (10,000) square feet or twenty-five (25) percent of the legal lot size (whichever is greater) but shall not exceed the maximum lot coverage allowed by zoning.

For lots that contain a wet environment or its buffer zone, see Section 8178-2.6.2.2(b).

(c)

Other Coastal Areas. Except as provided by subsections (a) and (b) above, the maximum allowable building site shall be determined on a case-by-case basis for the allowed principally-permitted use. The maximum allowable building site shall be limited to the area needed for the property owner to make an economically beneficial use of the applicant's property as a whole (refer to Sections 8178-

(d)

In all cases, the maximum allowable building site shall be subject to the general requirements in Section 8178-2.6.2.1 and the adjustments in Section 8178-2.6.2.2.

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

*The zones listed above are only used within the existing communities of Rincon Point, La Conchita, Mussel Shoals, Seacliff, Faria, Solimar, Hollywood- by-the-Sea, Silverstrand, and Solromar (outside (M) overlay zone).

8178-2.6.2.1 - General requirements for maximum allowable building sites.

(a)

Building Site Calculations. Area calculations for the building site may exclude the area of one (1) access driveway or roadway, the area of one (1) hammerhead safety turnaround, graded slopes exclusively associated with the access driveway or roadway and hammerhead safety turnaround, and grading necessary to correct an adverse geological condition. Fuel modification authorized by the Ventura County Fire Protection District for approved structures may extend beyond the approved building site area. The size and design of development excluded from the building site shall meet all applicable standards of the LCP or, when such standards are not specified, shall be based on minimum standards provided by the Ventura County Fire Protection District and the Public Works Agency.

(b)

Least Damaging Alternative. Development within the building site shall be the least damaging alternative (see Section 8178-2.6.1), and siting and design techniques shall be used to minimize impacts to ESHA and buffer zones.

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

8178-2.6.2.2 - Adjustments to maximum allowable building site.

The maximum allowable building site is subject to adjustment in the following circumstances:

(a)

Incentive Programs. The allowable building site may be increased above the maximum allowed by this Section 8178-2.6.2 when authorized pursuant to the incentive program in Section 8178-2.9.4.1; and

(b)

Highly Constrained Lots. The allowable building site shall be reduced below the maximum allowed by this Section 8178-2.6.2 when adequate land is not available due to one (1) or more of the following circumstances:

(1)

A reduction is necessary to meet public health and safety standards (e.g., established building codes, fire codes, flood hazard requirements, slope stability hazard requirements).

(2)

A reduction of the size of the building site is necessary to avoid disturbance of a wetland habitat (e.g., vernal pools, estuaries, lagoons, lake habitats), habitat within one hundred (100) feet of riparian habitat, or the top of the bank of a river/stream where riparian habitat is not present, or habitats occupied by special status species (see Section 8178-2.4.1). Any reduction of the building site on this basis shall be supported by the Coastal Initial Study Biological Assessment (CISBA) (Section 8178-2.4.3(a)).

(3)

A reduction is necessary to avoid placement of a fuel modification zone on adjacent public park land (i.e., land managed by the National Park Service or the State Department of Parks and Recreation) or avoid placement of an extended fuel modification zone onto an adjacent property.

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

8178-2.6.3 - General siting and building design standards.

(a)

Location of Development. To minimize impacts to ESHA and buffer zones, development shall be located as follows:

(1)

Distance from ESHA. The development envelope shall be located as far as possible from ESHA and outside buffer zones.

(2)

Avoid Steep Slopes. Development shall not be permitted in areas with thirty (30) percent slope or higher. Remediation of unstable slopes that threaten public health or safety is permitted if the least environmentally damaging method is used to stabilize the slopes.

(3)

Clustered Development. Development shall be clustered and located near existing structures, roadways and services (e.g., water, sewer)

(4)

Minimize Grading. Locate roads, structures, and other development in areas with minimal topographic constraints to minimize grading and alteration of natural landforms.

(b)

Minimize Fuel Modification. To minimize the extent of the fuel modification zone and its associated impacts on ESHA or buffer zones, all development shall, to the maximum extent feasible, be located and designed to meet the following standards:

(1)

Utilize an approximately square or circular shape building site, which by design minimizes the area of the fuel modification zone, unless an elongated shape is needed to protect coastal resources or to minimize grading on a slope over twenty (20) percent gradient.

(2)

Fire safe site design and building techniques shall be utilized in all development to minimize the size of fuel modification zones. These techniques include, but are not limited to the following: ember resistant building materials, closed eaves, roof sprinkler system, fireproof vents, and insulated temper glassed windows, etc.

(3)

To take advantage of overlapping fuel modification zones, structures within the building site and building sites on nearby lots shall be clustered, including as part of land divisions and lot line adjustments.

(4)

No development shall be approved that results in a fuel modification zone that extends off-site onto federal or state parklands without the written authorization of the National Park Service or State Department of Parks and Recreation, as applicable.

(5)

To protect off-site ESHA and conservation lands from vegetation removal practices associated with the potential expansion of a fuel modification zone, development shall not, to the maximum extent feasible, be sited within three hundred (300) feet of off-site: (i) ESHA or buffer zone; or (ii) undeveloped parkland/open space areas owned or managed by a natural resource agency or conservation organization for habitat protection (see Section 8177-4.1.7, for additional development siting standards adjacent to park boundaries in the Santa Monica Mountains.

(6)

A proposed expanded fuel modification zone shall not encroach onto an adjacent property.

(7)

Except Section 8178-2.6.3(b)(4) and (6), deviations from the above standards may be permitted if the application of a standard would result in increased impacts to ESHA.

(c)

Best Management Practices. Best management practices that minimize adverse impacts on ESHA and buffer zones shall be used for vegetation removal or alteration, the control and removal of invasive or invasive watch list plant species, construction management, water quality protection, habitat restoration, and use of toxic chemical substances.

(d)

Water Quality. Water quality shall be protected by minimizing the use of impervious surfaces and by utilizing bioswales or other best management practices that promote stormwater infiltration and limit stormwater runoff. Development shall be located away from

wetlands, other wet environments, natural drainage features, and their associated vegetation. The disturbance of such features shall be minimized when avoidance is infeasible.

(e)

On-Site Open Space Requirements. Development shall not be permitted in areas with greater than or equal to thirty (30) percent slope. All on-site ESHA, buffer zones, slopes over thirty (30) percent shall be permanently maintained in their natural state through a conservation easement or conservation instrument when: (1) identified on an applicant prepared site-specific ESHA map, and/or (2) located in the Coastal Open Space (COS) zone, Santa Monica Mountains (M) overlay zone, or Coastal Industrial (CM) zone.

(f)

Buildable Lot Standards. A buildable lot for residential use is a legal lot that can feasibly accommodate the following structures and improvements in a manner that is consistent with the policies and provisions of the LCP and that meets established public health and safety standards: (1) a principal structure; (2) legally accessible, all-weather access road; (3) development is located outside known geological hazard areas; and (4) the lot is served by public water/sewer or can accommodate an on-site site well and/or wastewater treatment system that is adequate to serve the proposed development.

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

8178-2.6.4 - Buffer zone standards.

Buffer zones (see Section 8178-2.4.4) shall meet the following standards:

(a)

Whenever feasible, use natural topographic features, such as hills and bluffs adjacent to ESHA, to buffer ESHA from development (e.g., locate development on the opposite side of the hill from the ESHA).

(b)

Buffer zones shall contain native vegetation around parklands, ESHA, or protected open space areas to serve as transitional habitat and protect the ESHA ecosystem.

(c)

Buffer zones for wet environments in or adjacent to public areas shall include a wildlife-permeable fence or a natural barrier (e.g., vegetation or water) to provide a physical barrier to control entry into the wet environment when species in the wet environment (e.g., wetlands, estuaries, marsh) are particularly sensitive to human impacts or are visible from publicly accessible areas or trails. Such barriers shall be located at the outside boundary of the buffer zone and shall only be allowed when specified by a County-approved ESHA Mitigation Plan (Section 8178-2.10.9). Visual screening may be provided by using landscape material or vegetation that is compatible with the wet environment.

(d)

When a project involves the restoration of a stream that was previously channelized or otherwise altered, existing legally-established development within the required buffer zone of such a restored stream may remain pursuant to Section 8178-2.5.2.

(e)

Water quality improvement best management practices required for development shall be located outside the buffer zone, except when required within a fuel modification zone that overlaps with ESHA or buffer zone (see Section 8178-2.6.9.1) to protect other ESHA from erosion and degradation.

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

8178-2.6.5 - Geotechnical testing in ESHA or buffer zones.

Geotechnical testing includes exploratory activities associated with evaluating a site for allowable, potential development. Such activities include drilling or excavation conducted to evaluate soil, geologic hazards, or hydrologic conditions (e.g., exploratory test holes for water wells, percolation testing for on-site wastewater treatment systems). When conducted in ESHA or buffer zone, such

activities require a Coastal Development Permit (see Section 8178-2.4). Geotechnical testing shall be sited and designed to minimize adverse impacts to ESHA and buffer zones, and the following standards shall apply:

(a)

Access Roads. To the extent feasible, access to a project site for geotechnical testing (e.g., wells, percolation tests) shall be provided by existing roads or track-mounted drill rigs. If a temporary access road is permitted, the volume and extent of grading shall be limited to the minimum required to accommodate the equipment. Existing topsoil and vegetative root stock shall be stockpiled and retained for use during site restoration.

(b)

Required Restoration. Within ninety (90) days from completion of exploratory testing, all temporary roads shall be restored to the original topographic contours, and all disturbed areas shall be restored with the original (previously stockpiled) topsoil and revegetated with species indigenous to the project site. Revegetated areas shall be monitored to ensure successful restoration.

See additional road standards in Section 8178-2.6.8.

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

8178-2.6.6 - Water wells and wastewater systems.

Water wells and wastewater systems shall be sited and designed to minimize impacts to ESHA, including impacts from grading, site disturbance, the introduction of increased amounts of water, and soil erosion.

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

8178-2.6.6.1 - Water wells.

When a water well is proposed to serve a project, the applicant shall demonstrate, to the satisfaction of the Ventura County Watershed Protection District, as well as the applicable Groundwater Sustainability Agency that the proposed well will not have significant adverse individual or cumulative impacts on groundwater, streams, or natural resources. For a well location in close proximity of a stream, drainage course, and similar surface water conveyance, a groundwater assessment must be performed by a qualified professional to ensure surface water will not adversely impact groundwater quality. The applicant shall be required to do a test well and provide data relative to depth of water, geologic structure, production capacities, degree of drawdown. To approve a well the County must find, based on substantial evidence, that it will not cause significant adverse impacts, either individually or cumulatively, on coastal resources.

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

8178-2.6.6.2 - Onsite wastewater treatment systems.

The County's Environmental Health Division (EHD) is responsible for enforcing onsite wastewater treatment system (OWTS) regulations and design standards. The design, installation, operation and maintenance of such systems shall be approved by EHD and, if applicable, the Los Angeles Regional Water Quality Control Board. The following standards complement existing public health and safety standards. New and replacement OWTS, including primary and expansion wastewater disposal areas, shall be sited and designed to minimize impacts on ESHA and buffer zones as follows:

(a)

To the maximum extent feasible, OWTS shall be located away from wet environments and outside the protected zone (see Section 8178-7.4.3) of trees classified as ESHA (see Section 8178-7.3.1), and adequate setbacks shall be required to protect these areas from lateral seepage;

(b)

New OWTS shall be sized to serve only the approved development and shall be sited within the approved building site and/or fuel modification zone; and

(c)

To the maximum extent feasible, OWTS components that require maintenance (e.g., pumping septic tanks, maintaining effluent screens) shall be located in an area that can be accessed from exiting or approved access roads.

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

8178-2.6.7 - ESHA grading standards.

The standards of this Section 8178-2.6.7 shall be used in conjunction with those in Section 8175-5.17 when grading is permitted on property that contains ESHA, buffer zone, or a fuel modification zone which overlaps with a buffer zone:

(a)

Development shall be designed to minimize alteration of natural landforms by using clustered development and split-level or stepped building pads on slopes that exceed twenty (20) percent gradient.

(b)

To reduce erosion and sediment loss, development shall be sited and designed to minimize vegetation clearing, grading and to limit disturbance of natural drainage features.

(c)

Best management practices shall be used to minimize erosion and control runoff, and materials and techniques shall be utilized that avoid impacts on ESHA and water quality within wet environments.

(d)

Erosion control measures used during project construction shall meet the following standards:

(1)

Erosion and sediment control products shall not contain netting, except when the netting is manufactured from one hundred (100) percent biodegradable natural materials and is comprised of a loose-weave, wildlife-safe design with movable joints between the horizontal and vertical twines (i.e., with twines that can move independently). In areas of geologic instability, the use of non- biodegradable netting and geotextiles fabrics that are manufactured with polypropylene fibers may be permitted for geologic slope support and stabilization.

(2)

Temporary silt fences reinforced with plastic mesh are prohibited.

(3)

When no longer required, temporary erosion and sediment control products shall be removed.

(e)

Trenches, test pits, and other excavations shall be designed in a manner that prevents wildlife from entering and that provides a way for wildlife to escape if trapped.

Also, see Section 8178-2.6.5.

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

8178-2.6.8 - Access roads and driveways in ESHA.

New or expanded access roads and driveways in ESHA or buffer zones shall be sited and designed as follows:

(a)

Except where access improvements are necessary to meet Ventura County Fire Protection District standards or to provide one (1) access road/driveway to permitted development on a lot, the construction and/or improvement of access roads and driveways that

would increase access to any property shall be permitted only when it has been determined that environmental resources in the area will not be adversely impacted by the increased access;

(b)

The number, width and length of access roads and driveways shall be limited to the minimum necessary to establish access to permitted development and shall follow natural contours; and

(c)

Within the Santa Monica Mountains (M) overlay zone, access roads and driveways shall meet the following standards:

(1)

No more than one (1) driveway, with one (1) hammerhead-type turnaround area, shall be permitted for an individual lot. The length of new driveways, as measured from the property line, shall be limited in length to three hundred (300) feet, or one-third (⅓) the parcel depth, whichever is less. Deviations from this standard may be permitted where a longer driveway is required as part of the least damaging alternative.

(2)

To the maximum extent feasible, a single driveway shall be used to provide a combined source of access to adjoining lots.

(3)

Secondary access roads shall not be permitted unless the Ventura County Fire Protection District determines there are no feasible alternatives and a secondary route is needed to ensure adequate fire safety or to provide a necessary, secondary emergency route for an existing residential area served by a dead-end road whose length exceeds the Ventura County Fire Protection District's emergency access standards.

See standards for access roads used for geotechnical testing in Section 8178-2.6.5.

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

8178-2.6.9 - Fuel modification zone requirements in ESHA or buffer zones.

(a)

A new or expanded fuel modification zone shall only be authorized through a new or modified Coastal Development Permit. Vegetation removed for fuel modification purposes shall be conducted in accordance with a Planning Division and Ventura County Fire Protection District-approved Fuel Modification Plan and ESHA Vegetation Management Plan, as applicable(See Appendix E2, Section AE-2.4). Low-intensity vegetation removal techniques shall be used when removing vegetation in ESHA or buffer zone.

(b)

An existing fuel modification zone which is expanded or modified within ESHA or a buffer zone requires a CISBA. (See Appendix E1, Section AE-1.3.2(g)(1)(iv)).

(c)

Where an expanded fuel modification zone is proposed within ESHA or buffer zone, an approved ESHA Vegetation Management Plan (see Appendix E2, Section AE-2.4) is required to retain the ESHA or buffer zone within that area.

(d)

To protect from unintentional removal of ESHA or buffer zone that overlaps with a fuel modification zone, the outer boundary of each vegetation thinning zone (e.g., 100 ft., 150 ft., 200 ft.) shall be delineated with permanent zone markers so that the extent of vegetation thinning zones are easily recognizable during maintenance activities.

(e)

For landscaping requirements within a fuel modification zone, see Sections 8178-8.4.2.3 and 8178-8.4.2.4.

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

8178-2.6.9.1 - Allowable uses in fuel modification zones.

(a)

Outside the building site and within the first one hundred (100) feet of a fuel modification zone (the mandatory fuel modification zone), only the following development and uses may be allowed the following development and uses shall be allowed:

(1)

Uses permitted in a buffer zone (Section 8178-2.5);

(2)

Fire-resistant, drought-tolerant native trees and landscaping (pursuant to Section 8178-8.4.2.3);

(3)

Confined animal facilities (pursuant to Section 8178-2.6.11) that do not require additional fuel modification;

(4)

Water wells/septic drainage fields; and

(5)

Drainage and pollution runoff control devices (see Section 8178-2.6.3(d)) required and approved by the County to protect ESHA from erosion or degradation.

(b)

Allowable uses within an expanded fuel modification zone shall be limited to approved vegetation management activities for fire protection purposes in accordance with Appendix AE-2.5, and resource-dependent uses described in Section 8178-2.5.1 that do not require the further expansion of any fuel modification zone.

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

8178-2.6.9.2 - Width of fuel modification zones.

When all or a portion of a fuel modification zone overlaps with ESHA or buffer zone, those areas the fuel modification zone shall meet the following standards:

(a)

The width of a fuel modification zone shall be measured from the edge of the legally established structures located within the building site, not from the boundary of the building site.

(b)

The standard width of the mandatory fuel modification zone for legally established structures is one hundred (100) feet, except for the U.S. Naval Base Ventura County tactical critical assets at Laguna Peak which is three hundred (300) feet as measured from the existing perimeter of the facility.*

(c)

If the Ventura County Fire Protection District determines that there are unique site-specific conditions for new development, the mandatory fuel modification zone may be expanded to two hundred (200) feet if needed to protect life and property from wildland fires.

(d)

An expanded fuel modification zone thinned pursuant to AE-2.5 may be authorized up to three hundred (300) feet from a legally established structure located within the building site or to the property line, whichever distance is shorter, if it is determined by the Ventura County Fire Protection District that it is necessary to protect life, property, and natural resources from unreasonable risks associated with wildland fires. In making this determination, the Ventura County Fire Protection District may consider whether there are any other feasible mitigation measures possible.

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

*Specific requirements for the fuel modification zone at the U.S. Naval Base facility on Laguna Peak will be determined by the Ventura County Fire Protection District.

8178-2.6.9.3 - Reduced County in-lieu fee for ESHA coastal sage scrub and chaparral thinning.

The thinning of ESHA coastal sage scrub and chaparral within an expanded fuel modification zone as authorized by a Coastal Development Permit or modification thereto, may be eligible for a reduced ESHA compensatory mitigation fee pursuant to the County In-Lieu Fee Program (see Section 8178-2.10.1(e)).

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

8178-2.6.10 - Standards for recreational development.

The applicant of a proposed new or expanded, resource-dependent recreational use/facility (see Section 8178-2.5.1) in ESHA or buffer zones shall site and design the facility/area to control the kinds, intensities, and locations of uses to protect ESHA against significant disruption of habitat values. The following site design/development techniques shall be used to protect ESHA:

(a)

To the maximum extent feasible, areas used for passive recreation, such as hiking trails, shall utilize established trails when available, follow natural contours, minimize grading and stormwater runoff and be located outside ESHA wet environments. To the maximum extent feasible, all recreational development shall be located outside an ESHA or buffer zone. Where such passive recreation areas are allowed in ESHA or buffer zone, well-defined trails, sustainable trail design (e.g., trails with negligible soil loss/movement, minimal maintenance requirements), fencing, signage or other techniques to protect and control access into sensitive areas shall be utilized;

(b)

Areas used for recreational aircraft, including drones, are prohibited within one thousand (1,000) feet of ESHA.

Recreational facilities/areas shall not be located where they would adversely impact the habitat of a species listed as threatened or endangered by a federal or state natural resource agency.

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

8178-2.6.11 - Confined animal facilities in ESHA or buffer zone.

Within ESHA or buffer zones, new or expanded confined animal facilities (e.g., corrals), including associated structures (e.g., stables, barns, shelters), are subject to the following standards:

(a)

Building Site. Structures for confined animal facilities are allowed within an approved building site on lots that exceed one (1) acre (see Section 8175-5.2.4).

(b)

Fuel Modification Zone. When a confined animal facility is allowed in a mandatory fuel modification zone that overlaps with ESHA or buffer zone outside the building site, pursuant to Section 8178-2.6.9.1, such facilities are limited to corrals, fencing, water troughs and unenclosed shade structures, and shall meet the following standards:

(1)

No component shall result in the expansion of the fuel modification zone;

(2)

The facility shall be located on slopes less than twenty (20) percent and outside the required buffer zone for an ESHA wet environment;

(3)

Lighting and irrigation (i.e., irrigated pasture) are prohibited.

(4)

A manure management plan shall be submitted for County review and approval requiring that animal waste, chemicals and other such potentially harmful materials be stored in a sealed area, inside a structure, or in a covered container with an impervious bottom surface.

(5)

Protective fencing shall be provided around the dripline of native trees to protect the trees from rubbing, chewing, soil compaction or other direct impacts.

(6)

All fencing shall be wildlife-permeable and consistent with the standards for such fencing in Section 8178-2.6.14.

(c)

Sediment, animal waste, and stormwater runoff shall not be discharged from an animal containment facility to ESHA or buffer zone. Animal waste, fertilizers, and chemicals shall be retained within the boundary of the animal containment facility through the following measures:

(1)

Use vegetated berms or other measures to divert and percolate stormwater runoff from holding pens and areas where animal waste, compost, fertilizer, or amended soil products are disposed of or stored.

(2)

Filter strips, native vegetation, gravel, sand, vegetated swales, or other similar materials or measures shall be used along the periphery of corrals, pens, animal showers, and storage areas to absorb oils, chemicals and fertilizers and treat stormwater runoff.

See Section 8175-5.2.4 for additional standards for a confined animal facility.

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

8178-2.6.12 - Bird-friendly building standards.

The following standards are designed to reduce bird mortalities caused by a bird's inability to see reflective, transparent surfaces.

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

8178-2.6.12.1 - Applicable development.

Bird-safe treatments are required on all new structures, new structure additions, and remodel(s) of existing, non-conforming structures that include the replacement of the glass or windows on at least one (1) façade of the existing structure (see Section 8182-2). Buildings classified as a National Historic Landmark, State Historical Landmark or Point of Historical Interest, or a County Historical Landmark or Site of Merit are exempt from all standards in this Section 8178-2.6.12.

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

8178-2.6.12.2 - Bird-friendly treatments for structural features.

The following structural features are considered bird hazards: freestanding clear glass walls/fences; balconies with unbroken glazed segments (sixteen (16) square feet or larger); transparent glass-like components on rooftops; uncovered atriums; and uncovered/enclosed courtyards enclosed in glass. Building features that are considered bird hazards shall be avoided or treated with bird-safe glazing treatments.

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

8178-2.6.12.3 - Bird-friendly window treatments.

Bird-safe glazing treatments are required on unbroken glazed segments that are sixteen (16) square feet or larger. Acceptable bird- friendly window treatments include, but are not limited to, the following:

(a)

Glass/Glazing Treatments. Ultra-violet patterned glass, fritting, netting, permanent stencils, frosted glass, window films, etched glass, and glass block. Mirrored glass is prohibited.

(b)

Architectural features added to the exterior of windows, such as window screens, louvers, shutters, latticework, decorative grilles, or exterior shades.

Physical grids or horizontal/vertical lines used for bird-safe window treatments shall meet the two-by-four (2×4) rule — horizontal spaces must be less than two (2) inches high and vertical spaces must be less than four (4) inches wide. Treatments that contribute to a bird-friendly building include balconies or overhangs, deeply recessed windows, awnings, window mullions, and tinted glass. The Planning Director may approve equivalent bird-safe glazing treatments based upon the recommendation of the Planning Staff Biologist or County-contracted qualified biologist.

Photo: Omilux Glass—Glass that uses UV patterns to allow birds to detect the glass, while it appears clear to humans.

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

8178-2.6.13 - Construction standards.

The following standards apply to all pre-construction and construction activities including related grading, land clearing, and vegetation/brush removal, which are collectively referred to as "construction" in this Section 8178-2.6.13.

(a)

Construction Equipment and Materials. Construction equipment storage and staging areas shall be graphically depicted on approved site, grading and building plans. The extent of construction equipment storage and staging areas shall be limited to existing, legally disturbed areas and the approved development envelope. Locate such areas outside the buffer zone and away from adjoining ESHA unless approved to allow for an economically beneficial use.

(b)

Access Roads and Driveways. The construction of access roads and driveways shall occur in conjunction with the construction of the structures and use they are intended to serve, except when a temporary road is necessary to conduct geotechnical testing pursuant to Section 8178-2.6.5.

(c)

Construction Noise. Construction noise is subject to the noise threshold in Section 8178-2.6.16. Outdoor construction within, abutting, or adjacent to an ESHA noise sensitive receptor is prohibited after sunset;

(d)

Alterations to a Wet Environment. Construction shall occur during a period of low flow, and construction time and/or equipment shall be kept to a minimum. Construction activities shall also utilize best management practices required by the County's Public Works Agency and the LCP to protect water quality, protect sensitive resources, or minimize the discharge of sediment into drainages. See subsection (f) for measures that limit the spread of aquatic invasive species.

(e)

Bird Nesting Survey. An applicant shall be required to prepare a bird nesting survey prior to the issuance of a Zoning Clearance authorizing construction activities if: (1) the project is within the buffer zone for breeding bird habitats during nesting season; or (2) trees or other vegetation classified as ESHA are allowed to be altered, transplanted, or removed during the bird nesting season (January 1 — September 15, see Section 8178-7.4.2). The required bird nesting survey report shall conform to the requirements provided by subsection (g) below and Section 8178-7.7.4.1.1, including bird breeding and nesting protocols.

(f)

Invasive Species. The following measures shall be taken to limit the spread of invasive or invasive watch list plant species during construction activities:

(1)

Infestations of invasive or invasive watch list species listed by the California Invasive Plant Council shall be eradicated within the development envelope before construction activities begin. The contractor shall carefully dispose of soils, seeds, and plant parts or invertebrates found during inspection and cleaning.

(2)

Trail construction staging and work sites shall be inspected and pre-treated for noxious weeds before such areas are used during construction.

(3)

Prior to moving equipment onto the project site, or prior to moving equipment out of an infested area and into an uninfected area, all soil, seeds, plant parts, and invertebrates shall be cleaned from the exterior surfaces of the equipment to the maximum extent feasible.

(4)

Construction activities within a wet environment shall be designed to prevent the spread of aquatic invasive species and contaminants (see Section 8178-2.7.3.2).

(5)

Best management practices shall be used when moving or disposing wood products (e.g., downed trees, firewood, compost, mulch) on or off-site to prevent the spread of the invasive species or invasive diseases.

See landscape area development standards in Section 8178-8.4., which prohibit the use of invasive or invasive watch list plant species.

(g)

Special Status Species. When potential adverse impacts are identified to special status species within the Site Specific Environmental Assessment (CISBA) for the project or within a Tree Survey for the removal of an ESHA protected tree (Section 8178-7.7.4), the following standards shall be applied prior to construction or before an ESHA protected tree removal or alteration:

(1)

If special status plants are discovered during construction or pre-construction surveys, impacts shall first be avoided to the maximum extent feasible by protecting the plant and its surrounding microclimate with fencing. If the impact is unavoidable, individual plants shall be relocated to suitable habitat or new, replacement plants shall be provided in a restoration site used as compensatory mitigation.

(2)

Construction activities shall be timed to avoid the disturbance of special status species, or the habitats of such species, during a critical life stage (e.g., breeding, nesting, denning, roosting) as identified in the Coastal Initial Study Biological Assessment.

(3)

The applicant shall survey the area* twenty (20) to thirty (30) days prior to site disturbance if there is potential for special status wildlife to move into the construction area, or if habitats that support a critical life stage (e.g., nesting, roosting/staging, denning, overwintering sites, etc.) of a special status species were identified within five hundred (500) feet of the construction area. In such cases, a County-approved, qualified biologist shall conduct a pre-construction survey(s) one (1) to three (3) days prior to initiation of any construction activities, including vegetation/brush removal, and periodically during construction as determined by the qualified biologist in consultation with the Planning Division Planning Staff Biologist or County contracted qualified biologist. If a special status species vulnerable to vegetation/brush removal or earth disturbance is found during pre-construction surveys, the Planning Division Planning Staff Biologist or County contracted qualified biologist may condition the permit to require an additional survey on the day of construction, prior to vegetation/brush removal or earth disturbance activities.

(4)

If a special status species is found within the disturbance area that is in a critical life stage and sensitive to the proposed construction disturbance, then construction shall be postponed until the occupied area is vacated or the wildlife shall be relocated to suitable, undisturbed habitat by a qualified biologist if authorized pursuant to a valid collecting permit (when required by an agency with jurisdiction over the wildlife). If the species critical life stage may not be sensitive to disturbance from the proposed construction activity (e.g., an occupied woodrat midden), then a qualified biologist shall monitor the nest as needed based on the recommendation by the Planning Staff Biologist or County contracted qualified biologist.

(5)

If a special status species-occupied habitat supporting a critical life stage is located within five hundred (500) feet of the disturbance area, and construction activities cannot occur without infringing on the required buffer zone for the occupied habitat, then construction shall be postponed until the occupied areas are either vacated and/or the fledglings/juveniles leave the area. Construction activities shall not resume until the County confirms there is no evidence of a second attempt at occupation of the habitat by breeding birds or other special status species. An exception may be authorized where the CISBA and/or the pre- construction bird survey demonstrates that encroachment into the buffer zone will not harm the special status species and is consistent with the criteria provided in Section 8178-2.7.7.

(6)

Bat Roosts. The conditions of approval for the permit shall include stop-work procedures if special status species bats are discovered during the construction process. If special status species bats are discovered during construction activities, any relocation or removal of the bat(s) shall occur without injuring or killing the bat(s) and shall be conducted by a professional holding a current California Department of Fish and Wildlife Trapping License.

Also, see Sections 8178-2.6.5 and 8178-2.6.7.

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

*Please see Appendix E1 for the survey requirements USFWS, XERCES and CDFW protocol level surveys shall be followed when applicable.

8178-2.6.14 - Fences, gates and walls.

The following standards apply to an ESHA or buffer zone and all areas within the Santa Monica Mountains (M) overlay zone.

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

8178-2.6.14.1 - General requirements.

(a)

ESHA and Buffer Zone. Fences, gates, and walls are prohibited in an ESHA or buffer zone outside the development envelope, except when used for habitat protection or restoration and when specified by a County-approved ESHA Mitigation Plan (see Section 8178- 2.10.9). Within these plans, permanent fencing is allowed in buffer zones that are located in publicly accessible areas to protect ESHA that are particularly sensitive to human impacts. Non-wildlife permeable fencing or walls may be permitted along road corridors if the sole purpose of such fencing or walls is to funnel wildlife to safe road crossings (i.e., underpass, overpass).

(b)

Development Envelope. Wildlife-permeable fencing is allowed throughout an approved development envelope except within an expanded fuel modification zone, if any (see Section 8178-2.6.14.4 for standards). Gates are allowed at entry points to a property when located in the development envelope. Perimeter fencing of a parcel is prohibited.

(c)

Building Site. All types of fencing, gates and walls are permitted in an approved building site, subject to the standards of Section 8175-3.11 and subsections (d) and (e) below.

(d)

Isolation of Wildlife. New fences and walls shall not result in the isolation of on-site ESHA from off-site ESHA, habitat connectivity corridors, or protected open space areas.

(e)

Prohibited Materials. Fences, gates and walls shall not be constructed of, or topped with, spikes, barbs, glass, razors, or any similar material. Barbed-wire fencing is prohibited. Exceptions may be allowed for telecommunication or public/utility facilities (e.g., freeway or major highway, electrical substation, water storage tank) that require such fencing for public safety or security purposes.

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

8178-2.6.14.2 - Temporary fencing for habitat protection and restoration.

Temporary fencing may be used in ESHA and buffer zones for habitat protection or restoration, including but not limited to fencing deemed necessary to protect shorebird nests from predators, prevent wildlife and people from entering habitat restoration areas, and protect shorebird nesting colonies. Such fencing may be wildlife-permeable or non-wildlife permeable.

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

8178-2.6.14.3 - Off-highway vehicle barriers.

Wildlife permeable fencing shall be used when new fencing is deemed necessary to prevent off-highway vehicles from entering wet environments, beaches, or other wildlife habitat areas.

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

8178-2.6.14.4 - Standards for wildlife-permeable fencing.

Wildlife-permeable fencing is defined as fencing that can be easily passed through by all species of wildlife, including but not limited to deer, coyotes, bobcats, mountain lions, ground rodents, amphibians, reptiles and birds. Wildlife-permeable fencing is subject to the following standards:

(a)

Fence material shall be wood or a material that looks like wood (e.g., wood composite, recycled wood products, vinyl), except as provided by subsection (d) below.

(b)

Fence posts shall be set at 20-foot maximum intervals to ensure visibility by animals, and posts shall not be hollow at the top to avoid smaller animals falling into the fence post.

(c)

Horizontal fence components shall be split-rail or flat-board with no more than three (3) horizontal rails or boards, except as provided by subsection (d) below, and shall meet the following standards:

(1)

The lower edge of the bottom horizontal rail or board shall be at least eighteen (18) inches from the ground;

(2)

A minimum two-foot gap shall be provided between each rail or board; and

(3)

The maximum height of the fence shall be forty-eight (48) inches from the ground.

(d)

Wire may be used as the horizontal fence component for an animal containment facility when it is located in a fuel modification zone that overlaps with ESHA and buffer zone. The wire used is subject to the following standards:

(1)

Only smooth wires are permitted and barbed wire is prohibited; and

(2)

High-visibility tape/braid, vinyl siding trim, small diameter PVC tubing, or other visual markers must be added to the top and middle wires. Flagging and other materials that degrade over time are not permitted.

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

8178-2.6.15 - Outdoor lighting standards in ESHA and buffer zones.

The following standards apply to all outdoor lighting installed on or after 9/9/2022 that could impact ESHA in the coastal zone. For outdoor lighting within the Santa Monica Mountains (M) overlay zone, see Section 8177-4.1.11 for additional lighting standards and requirements.

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

8178-2.6.15.1 - Exemptions.

The regulations and standards of this Section 8178-2.6.15 do not apply to outdoor lighting for development or uses to the extent stated below:

(a)

Development and uses identified in Section 8177-4.1.11.2(a), (b)(1), (2), (4) and (d).

(b)

Outside the (M) overlay zone, temporary or intermittent illumination of ESHA or buffer zones for crop production that is consistent with usual or customary agricultural activities, including during weather events.

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

8178-2.6.15.2 - Regulations and standards.

The following regulations and standards apply to outdoor lighting and use thereof in ESHA or buffer zones:

(a)

ESHA. Outdoor light fixtures shall only be installed outside ESHA and in locations where light trespass into and the direct illumination of ESHA are avoided, except when outdoor lighting is necessary for a resource-dependent use within ESHA that is authorized by Section 8178-2.5. If outdoor lighting is required for resource dependent uses in ESHA, additional specific measures shall be developed in the site-specific environmental assessment to reduce impacts from outdoor lighting to the maximum extent feasible.

(b)

Buffer Zones. To the maximum extent feasible, outdoor light fixtures shall be installed outside a buffer zone and in locations where light glare and light trespass into the buffer zone is minimized to avoid or minimize impacts to biological resources. When outdoor lighting is allowed in a buffer zone, it shall comply with the following:

(1)

There are three (3) types of tree permits: a Planned Development Permit (see Section 8178-7.5.1), Zoning Clearance (see

Section 8178-7.5.2), and an Emergency Coastal Development Permit (see Sections 8178-7.5.4 and 8181-3.7).

(b)

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

(c)

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

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

8178-7.5.1 - Planned Development Permit.

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

(a)

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

(b)

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

(1)

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

(2)

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

(3)

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

(c)

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

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

8178-7.5.1.1 - Planned Development Permit findings.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

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

8178-7.5.1.2 - Modifications to a discretionary permit.

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

(a)

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

establishment of the substituted species is required by a permit condition.

(b)

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

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

8178-7.5.2 - Zoning Clearance.

(a)

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

(b)

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

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

8178-7.5.2.1 - Zoning Clearance with inspection.

(a)

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

(1)

The purpose of the encroachment, degree of encroachment within the tree protected zone, recommendations to avoid and minimize potential impacts to tree roots during construction, in accordance with Section 8178-7.4.4, and a statement that the proposed encroachment is not expected to result in permanent damage to the protected tree.

(2)

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

(b)

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

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

8178-7.5.3 - Exemptions.

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

(a)

Commercial Tree Operations.

(1)

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

(2)

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

i.

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

ii.

Replacement of mature lemon trees with young lemon trees.

iii.

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

iv.

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

(b)

Minor Tree Alterations.

(1)

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

(c)

Dead or Fallen Tree or Limb.

(1)

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

(2)

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

(3)

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

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

8178-7.5.4 - Emergency tree alteration or removal.

(a)

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

(b)

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

(c)

In an emergency situation, permit applications shall be made and processed in accordance with Section 8181-3.7. If the emergency Coastal Development Permit includes the alteration or removal of a protected tree classified as ESHA, then the following information shall be included with the permit:

(1)

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

(2)

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

(3)

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

(d)

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

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

8178-7.6 - Mitigation requirements.

To protect the ecological value and visual quality of protected trees, all appropriate and practicable steps shall be taken to avoid and minimize damage to protected trees consistent with the provisions of this Section 8178-7.6. The following mitigation measures to reduce damage to protected trees shall be undertaken in the following order:

(a)

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

(b)

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

(c)

Off-Site Mitigation. When avoidance or onsite mitigation is infeasible, all or in part, due to crowding or other physical constraints, transplanting or planting replacement trees may be allowed, all or in part, in an off-site location that contains suitable habitat that is

sufficient in area to accommodate the numbers and required types of replacement trees. Off-site locations must be within the Ventura County coastal zone and, whenever feasible, within the same watershed in which the protected tree was removed.

(d)

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

(1)

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

(2)

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

(3)

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

(4)

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

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

8178-7.6.1 - Tree replacement for altered or removed protected trees.

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

(a)

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

(b)

Native tree replacement shall occur as follows:

(1)

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

(2)

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

(3)

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

(4)

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

(c)

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

(d)

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

(1)

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

(2)

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

(e)

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

(f)

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

Encroachment Mitigation Ratio (Number of replacement trees required for every one tree impacted/removed)

Less than 10% encroachment Zoning Clearance with Inspection. No mitigation required when conducted pursuant to Section 8178-7.5.2.1(a).

10 to 30% encroachment (or Leave tree in place, and less than 10% pursuant to Mitigate at 5:1 in accordance with Sections 8178-7.6 and 8178-7.6.1; or Section 8178-7.5.2.1(a)(2)) Pay an in-lieu fee in accordance with Section 8178-7.6(d)

Greater than 30% Remove tree or keep in place. encroachment, or within 3 feet Mitigation is same as tree removal for the species. See Sections 8178-7.6 and 8178-7.6.1 of a tree trunk

(g)

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

(1)

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

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

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

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

a.

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

b.

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

c.

No application fee is required.

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.7.2 - Zoning Clearance.

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

a.

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

b.

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

c.

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

d.

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

e.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.7.3 - Zoning Clearance with inspection.

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

a.

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

b.

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

c.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.7.4 - Planned Development Permit.[8]

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

(a)

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

(b)

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

(c)

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

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

a.

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

b.

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

c.

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

d.

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

e.

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

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

(6)

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

(d)

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

(1)

Recommendations for onsite or off-site mitigation measures.

(2)

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

(3)

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

(4)

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

(5)

Replacement tree locations.

(6)

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

(7)

Planting specifications for transplanted and replacement trees.

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(e)

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

(f)

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

(g)

Structure or Sewer Line Verifications.

(1)

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

(2)

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

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

Footnotes: --- (8) ---

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

8178-7.7.4.1 - Zoning Clearance following approval of a Planned Development Permit.

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

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

8178-7.7.4.1.1 - Bird nesting survey.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(1)

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

(2)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

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

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

If tree alteration, transplantation, or removal is proposed during the monarch butterfly overwintering season (October 1 through March 31), the Permittee shall provide a Monarch Butterfly Survey Report that conforms to the requirements of Sections 8178-2.7.8, 8178- 2.10.7(d) and Appendix E1, Section AE-1.3.2(g). See Section 8178-2.6.13(g) for construction and removal requirements associated with special status species in ESHA protected trees pursuant to Section 8178-7.4.2.

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

8178-7.7.4.1.3 - In-lieu fee.

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

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

8178-7.7.4.1.4 - Contract for services.

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

(a)

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

(b)

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

(c)

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

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

8178-7.7.5 - Post-approval requirements.

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

a.

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

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

Protected trees that have been transplanted.

b.

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

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

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

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

c.

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

d.

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

e.

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

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

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

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

f.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.7.6 - Encroachment permit.

a.

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

b.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-8 - Water efficient landscaping requirements.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.2 - Applicability.

a.

Section 8178-8 shall apply to the following discretionary projects:

All discretionary development where a Landscape Plan is required pursuant to the Coastal Zoning Ordinance (Chapter 1.1).

All development located within one thousand (1,000) feet of publically owned park lands in the Coastal Open Space (COS) Santa Monica Mountains (M) Overlay zone.

The following grading activities, unless previously addressed in a discretionary permit:

i.

Excavations for wells, tunnels, or trenches for public utilities.

ii.

Grading for access roads or pads created for exploratory excavations.

iii.

Estimated earthwork that generates more than fifty (50) cubic yards.

Residential development with a landscape area equal to or greater than five hundred (500) square feet.

All development located in areas zoned Coastal Commercial (CC) or Coastal Industrial (CM), all government facilities (such as fire and police stations) located in all zones, and facilities, such as libraries, schools and hospitals developed for assembly uses, located in all zones.

Parking lots that contain four (4) or more parking spaces.

Landscaping within required fuel modification zones.

Rehabilitated landscape projects.

All Habitat Restoration Plans.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.2.1 - Exemptions.

Notwithstanding Section 8178-8.2(a) above, Section 8178-8 does not apply to the following facilities and development sites:

a.

Above-ground public utilities in the public right-of-way.

b.

Cultural heritage sites where installation of landscaping pursuant to Section 8178-8 will compromise the historical integrity of that site.

c.

Exhibit areas within botanical gardens or arboreta.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.3 - Minimum landscape area.

a.

Unless otherwise stated in the subject discretionary permit or permit modification, the landscape area of the lot(s) where the development is located shall comprise no less than the minimum lot coverage for the applicable zone as specified below, with the landscape area percentages computed on the basis of the lot's or lots' net area.

Coastal Industrial (CM): five (5) percent

Coastal Commercial (CC): ten (10) percent

Residential, Institutional and other uses: As specified by the subject discretionary permit or permit modification.

b.

Up to ten (10) percent of the required landscape area may be covered with hardscapes such as pathways, patio areas, gazebos, or public art. Additional hardscapes are permitted, but shall not be applied towards the minimum required landscape area.

c.

A larger landscape area may be required to fulfill landscaping requirements of Section 8178-8.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4 - Landscape area development standards.

The following standards apply to all landscape areas required under this Section 8178-8.

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

8178-8.4.1 - General standards.

(a)

Native, fire-resistant and drought-tolerant vegetation shall be used for landscaping with the following exceptions:

•

Drought tolerant, non-native, non-invasive or non-invasive watch list species vegetation may be used when located within the approved building site for discretionary projects.

•

Drought tolerant plants, and fire resistant non-native plants approved by the Ventura County Fire Protection District, may be used in the fuel modification zone except when located within an buffer zone.

•

When located in areas not conducive to native plant establishment.

Invasive and invasive watch list plant species are prohibited.

(b)

Landscape areas shall include a variety of plant species, heights, colors and textures and shall be installed according to size constraints, spacing requirements and compatibility with the surrounding area.

(c)

The plant palette for a ESHA Mitigation Plan or Tree Protection, Planting, and Monitoring Plan shall be restricted to locally-indigenous native vegetation.

(d)

Landscaping shall be sited and designed to protect coastal resources, including ESHA, scenic resources, water quality, and water supply.

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

8178-8.4.1.1 - Existing vegetation.

(a)

All existing protected trees may be incorporated into the landscape area unless removal is separately permitted as part of the proposed development pursuant to Section 8178-7.5.1, Planned Development Permit.

(b)

Existing non-invasive vegetation may be integrated into the landscape plan provided existing vegetation is compatible with required landscaping.

(c)

Existing vegetation that is considered invasive or invasive watch list species shall be removed from the landscape area.

(d)

Existing vegetation that will remain shall be protected and maintained during the construction phase of the development.

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

8178-8.4.1.2 - Trees.

(a)

Trees required to be planted as a mitigation measure or as part of an approved Landscape Plan shall comply with the following standards:

(1)

Native Trees. The planting of native trees shall comply with the planting specifications included in the Tree Protection, Planting and Monitoring Plan. (See Section 8178-7.7.2.)

(2)

Non-Native Trees. The planting of new, non-native trees is subject to the following requirements:

a.

Non-native trees shall not be planted in ESHA or associated buffer zone;

b.

In the Coastal Open Space (COS) zone, the planting of new non-native trees shall be restricted to the approved building site only; and

c.

In the Coastal Industrial (CM) zone, non-native trees shall be restricted to developed areas for the purpose of screening approved structures.

(b)

Replacement trees shall be planted immediately after grading activities are completed for site development or in accordance with the approved Tree Protection, Planting and Monitoring Plan.

(c)

The planting of invasive or invasive watch list species of trees is prohibited in the coastal zone.

(d)

In the Coastal Open Space (COS) and Santa Monica Mountains (M) overlay zone, only native trees shall be used in the landscape area.

(e)

Trees shall be planted wherever adequate space is available, except in the following circumstances:

(1)

Non-native trees shall not be substituted for native trees when native trees are used to fulfill a mitigation measure for the development.

(2)

New trees at maturity shall not extend into overhead utility lines.

(f)

At least one (1) tree shall be planted in any required landscape planter. Additional trees shall be planted if adequate spacing between trees can be provided.

(g)

Trees shall not be planted where they would generate substantial interference with the operation of approved lighting fixtures.

(h)

Trees shall not be planted where they would interfere with site access driveways, access to fire suppression equipment such as hydrants.

(i)

Trees shall not be located where the tree will interfere with public accessways, public access easements, or where they would otherwise interfere with coastal access.

(j)

Trees shall not be planted closer than ten (10) feet from the rear of any traffic or directional sign and twenty-five (25) feet from the front of any traffic or directional sign. Trees shall be set back further from such signs if necessary for traffic safety.

(k)

Trees located in parking lots shall be kept trimmed to maintain at least eight and one-half (8½) feet of ground clearance for adjacent parking spaces and pedestrian areas, and shall maintain at least thirteen and one-half (13½) feet of vertical ground clearance over driveways and drive aisles.

(l)

The tree protection zone of a tree shall be kept free from other types of landscaping except as allowed by Section 8178-7.4.1.

(m)

Trees shall not be planted where the tree would reduce visibility within a clear sight triangle.

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

8178-8.4.1.2.1 - Street Trees.

Street trees required as a condition of approval of a discretionary permit, or that are proposed within a public road right-of-way, shall be installed in conformance with the following:

(a)

New street trees shall comply with the Ventura County Public Work Agency's required setbacks from edge of sidewalk, except when tree wells are provided in the sidewalk.

(b)

Street trees shall be planted where the tree's growth will not damage the components of the street (sidewalk, curb/gutter, etc.) or overhead utility lines.

(c)

Street trees shall be selected and planted so the tree does not interfere with pedestrian or vehicular circulation.

(d)

When street trees are provided, they shall be spaced an average of forty (40) feet on center.

(e)

Street trees shall be single trunk, not multi-trunked species.

(f)

The planting of any street tree shall comply with Section 8175-3.8 and the planting specifications prescribed by the County Public Works Agency or qualified tree consultant.

(g)

Should a street tree be removed that is part of an approved landscape plan, that tree shall be replaced pursuant to Section 8178- 7.5.2.2.

(h)

The applicant shall obtain a separate encroachment permit from the Ventura County Public Works Agency prior to installing a street tree.

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

8178-8.4.1.3 - Shrubs.

Shrubs are used within a landscape area to provide foliage, texture, and color to landscape themes. Shrubs provide variety of height and mass within a landscape area, bring buildings into human scale, provide privacy for outdoor areas, and screen undesirable views.

Shrubs should be included in a landscape area and shall comply with the following:

(a)

One- to 15-gallon size shrubs shall be planted and spaced in accordance with their size at maturity but no less than one (1) shrub for every five (5) linear feet of landscape planter or fraction thereof.

(b)

Hedges and shrubbery over three (3) feet in height are prohibited within parking lot islands and clear site triangles.

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

8178-8.4.1.4 - Groundcover.

Groundcover, when established, can prevent the germination of weeds, protect soil from erosion and water loss, provide habitat and cover for beneficial insects, and function as an attractive element within a landscape.

Groundcover shall be incorporated into the landscape area using the following standards:

(a)

Irrigated groundcovers may be planted from root cuttings or applied as hydromulch.

(b)

Groundcover applied as hydromulch is subject to the following:

(1)

The hydromulch must be comprised of a locally-indigenous native seed mix.

(2)

Hydromulch seeds should be applied following the first measurable rainfall in the fall of the year or a temporary irrigation method shall be provided to ensure germination and initial growth.

(3)

Such planting shall be adequate to provide ninety (90) percent coverage within ninety (90) days. Additional applications shall be repeated as necessary to provide such coverage.

(c)

Manufactured (human-made) slopes shall be planted with groundcover. See Section 8178-8.4.2.5.1(c).

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

8178-8.4.1.5 - Turf (grass).

The typical California lawn can require several times more water than groundcover consisting of native or other drought-tolerant plants. To help reduce urban water demand for outdoor purposes, the installation of turf shall be limited to the following:

(a)

Unless a modification is granted pursuant to Section 8178-8.7, turf shall not exceed twenty-five (25) percent of the landscape area for residential development and no turf shall be allowed in non-residential development except as authorized by Section 8178-8.4.1.5(b) below.

(b)

A higher percentage of irrigated turf on sports fields, golf courses, playgrounds, parks, bioswales, or other areas may be approved to serve a functional need. The use of irrigated turf within these areas shall be minimized to the greatest extent possible.

(c)

All turf shall be a warm season variety, except within areas used for recreation, which may use cool season varieties.

(d)

Turf shall not be used on slopes greater than ten (10) percent, except within designated stormwater management areas.

(e)

Turf shall not be planted in street medians, traffic islands, landscape planters, or bulb-outs of any size.

(f)

Approved turf shall be irrigated by sub-surface irrigation or by technology that creates no overspray or runoff.

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

8178-8.4.1.6 - Mulch.

To conserve moisture and improve the fertility and health of the soil, a layer of mulch shall be applied to landscape areas as follows:

(a)

Whenever possible, prior to any earth disturbance, topsoil shall be removed and stockpiled for future use. Topsoil shall be spread as the final surface layer of soil (prior to the application of mulch) in the landscape area, except when the soil is characterized by invasive or invasive watch list plant species and seeds.

(b)

Exposed soil in all non-turf and non-groundcover landscape areas shall be covered with at least three (3) inches of mulch but no more than twelve (12) inches in depth.

(c)

Except as allowed by Section 8178-8.4.1.6(c) below, organic mulch materials shall be used in required landscape areas. Composted organic material is preferred over other products such as bark and wood chips.

(d)

The following inorganic materials may be used in conjunction with organic mulch, subject to the following limitations:

(1)

Plastic. Opaque plastic tarps may be used to cover an area of soil for the purpose of killing weeds and preventing germination of weed seeds. Plastic tarps shall be temporary and removed within six (6) to eight (8) weeks from the date of installation.

(2)

Stone/Gravel. May be used for stormwater management landscaping. When used for other purposes, stone/gravel is considered hardscape subject to the limitations specified by Section 8178-8.3(b).

(3)

Sand. May be used to improve the drainage characteristics of the soil.

(4)

Landscape Fabric. On property with steep slopes, landscape fabric may be used to control erosion and stabilize or protect plants from rain water and soil washout. A minimum two (2) to three (3) inches of organic mulch shall be placed over the landscape fabric to prevent weed growth and to promote plant growth.

(e)

Mulch is not considered groundcover for the purpose of meeting minimum landscape requirements.

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

8178-8.4.1.7 - Public safety.

(a)

Crime Deterrence. To avoid potential interference with police surveillance, landscaping required for discretionary projects in the Coastal Commercial (CC) and Coastal Industrial (CM) zones shall not obstruct views of exterior doors from an adjacent public street. Plants also shall not block security light sources or restrict access to emergency apparatuses.

(b)

Clear Sight Triangles. Landscape areas shall provide plantings that are consistent with safe sight distances for vehicular traffic as required by Section 8175-3.8. No landscaping material (plants and hardscape) shall exceed the three-foot height limit within a required clear sight triangle. The landscape plan shall include measures that ensure that the required safe site distance is maintained.

(c)

Fuel Modification Zones. See Section 8178-8.4.2.3 for landscape development standards within a fuel modification zone.

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

8178-8.4.1.8 - Solar access.

New vegetation shall not be planted that would impair the function of an existing building using passive solar heat collection or that would cast a shadow greater than ten (10) percent of the collector absorption area on existing solar collector surface or photovoltaic cells at any time between the hours of 10:00 a.m. and 2:00 p.m.

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

8178-8.4.1.9 - Public art.

Public art, including but not limited to a mural or sculpture, is a landscape feature that, if proposed for inclusion in the landscape area, must be included in the landscape documentation package submitted pursuant to Section 8178-8.8. Such art shall be consistent with the resource protection policies and provisions of the LCP and shall comply with the following:

(a)

The art shall complement the scale, materials, form and content of the development where it is located.

(b)

The art shall conform to height and setback standards pursuant to Section 8175-2, Schedule of Specific Development Standards by Zone.

(c)

The art should be designed to last as long as the related building or structure and be vandal/theft resistant.

(d)

The art shall not contain advertising.

(e)

The permittee shall maintain the public art.

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

8178-8.4.2 - Specific standards.

To provide for an attractive landscape appearance, the following specific standards, where applicable, apply to all landscape areas required under this Section 8178-8.

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

8178-8.4.2.1 - Perimeter landscaping.

Perimeter landscaping provides a physical and visual separation between development and the public right-of-way. Perimeter landscaping shall include the following:

(a)

Minimum Planter Area. Landscaped planter areas shall be a minimum of four (4) feet wide (including curbs). Narrower landscaped planter areas may be permitted, but shall not be counted toward meeting the minimum landscape area site coverage requirements.

(b)

Landscape Strip. A landscape strip shall be provided along property lines adjacent to the public or private street right-of-way as follows:

(1)

For commercial and institutional land uses, the landscape strip shall be at least five (5) feet wide.

(2)

For industrial land uses, the landscape strip shall be at least ten (10) feet wide, except for parcels zoned Coastal Industrial (CM) that are developed for oil and gas production that cannot be seen from the public rights-of-way. In such cases, a landscape strip is not required.

(3)

The landscape strip shall be measured from the inside edge of the public right-of-way.

(4)

Frontage perimeter landscaping may be crossed by walkways and access drives.

(c)

Bus shelters may be located within the perimeter landscape area but the area occupied by a bus shelter shall not count towards the required minimum landscape area.

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

8178-8.4.2.2 - Landscape screening.

Landscaping and other screening features can be used to define an area, modify or hide a view, create privacy, block wind and dust, control noise, filter light, and direct traffic flow. The following standards shall apply to "landscape and other screens" proposed or required for developments where structures are visible from public viewing areas. Where feasible, landscape screens shall be the preferred method of screening.

(a)

Plants shall be used as a landscape screen for the following structures:

(1)

A blank wall or building façade (e.g., lacks windows, doors, or other type of articulation) of a commercial, industrial, or multifamily building that can be seen from a public viewing area.

(2)

Fences and walls greater than six (6) feet in height, with the exception of fences used for farm or ranch purposes as provided by Section 8174-6.1(a)(2).

(3)

Non-commercial antenna and wireless communication facilities that are prominently visible from a public viewing area.

(4)

Trash enclosures, with the exception of single-family residential lots served by individual trash and recycling containers (64-gallon or smaller).

(5)

Outdoor storage of materials and equipment accessory to commercial, industrial, institutional, and multi-family residential uses that exceed a height of six (6) feet.

(6)

Above ground utility structures including, but not limited to, an electrical transformer box, gas meter, telephone switch box, and backflow prevention device that are located outside of the public right-of-way and in public view unless a waiver is granted pursuant to Section 8178-8.7.

(7)

Hardscape landscape elements such as retaining walls, cut-off walls, abutments, bridges, and culverts that are located within a public viewshed.

(8)

Materials loading areas adjacent to a street, residentially zoned parcel, or residential land use.

(b)

Landscape or other screening methods shall not be used as a substitute for project alternatives such as re-siting or reducing height or bulk of structures.

(c)

Landscape screens may be in the form of dense hedges, tree rows, or other plant configurations. Where the screening would be visible from a public viewing area, the landscape screen shall be visually compatible with the surrounding area. Landscape material shall be selected based on the following:

(1)

Size, Scale and Type of Plant Material. Establish compatibility through plant material selections that are similar in size, scale and type to plant materials in the surrounding area. Plants shall be selected based on their size at maturity, shall enhance views of the coastal areas, and shall not hinder or block coastline views from public viewing areas.

(2)

Landscaping in Public Places and Commercial Areas. Landscape screens shall improve the visual character of public facilities and commercial businesses by utilizing a diverse selection of plants that provide visual interest, color, and contrast.

(3)

Use Native Plants. A landscape screen should utilize native tree or plant species that are similar to, and compatible with, nearby natural habitats.

(4)

Enhance Abandoned Areas. Landscape screens shall visually hide or improve areas where landscaping is non-existent or neglected. Existing shrubbery and trees shall only be allowed if the existing plant material can be revitalized and used to augment and blend with the new plant material.

The following projects shall include information that demonstrates compliance with the above standards: large projects, development within a half-mile of a scenic highway, projects located on a prominent ridgeline, and at the request of the Planning Director. To demonstrate compliance, the applicant shall submit photographic simulations that show how the landscape screen will blend with the surrounding environment, avoid being a visual point of interest, and not significantly detract or degrade the public view.

(d)

Where the plants are intended to form a dense hedge, a minimum of fifty (50) percent of the plants shall be 15-gallon container size or greater and the rest shall be five-gallon container size or greater. The applicant shall demonstrate that the plants, at maturity, will form a dense hedge.

(e)

Where plants alone do not provide sufficient landscape screening pursuant to (d) above, a landscape screen shall be composed of a landscaped berm or solid wall plus plant material that complies with the following:

(1)

Where walls are used, the wall shall be set back a minimum of four (4) feet from the property line. Trees and shrubs shall be planted in front of a wall that is visible from a public viewing area.

(2)

Where earth berms are used, the berm slope shall be a maximum one (1) foot rise for every three (3) feet of linear distance (3:1 horizontal to vertical).

(3)

At the discretion of the Planning Director, see-through fencing may be substituted for a wall or berm. (See Section 8175-3.11.) Where see-through fencing is visible from a public viewing area, such fencing shall be set back a minimum of four (4) feet from the property line and trees or shrubs shall be planted in front of the fence.

(4)

The plant material shall comply with Section 8178-8.4.1.

(f)

Height of landscape screens.

(1)

Except as provided in Section 8178-8.4.2.2(e)(2) and (3) above, a landscape screen located within a setback area adjacent to a public street shall have a maximum height of three (3) feet.

(2)

Landscape screens installed along interior lot line(s) shall have a maximum height of six (6) feet.

(3)

When located within a public viewshed, landscape screens that only use plant material for the purpose of blocking objectionable views (e.g., exterior storage, or manufacturing/production equipment) shall be tall enough to conceal the storage, equipment, or structure. If walls or fences are used and are in excess of six (6) feet, a Planned Development Permit is required pursuant to Section 8174-5.

(g)

Where the ground level adjoining the street is below or above street grade, the visual screen height may be reduced or increased, as determined appropriate by the applicable County decision-maker, when the height adjustment achieves the same objective as standard height requirements.

(h)

At the time of installation, the screening must be at least forty (40) inches high. The 40-inch height can be achieved by the landscape, berm, wall, or combination thereof.

(i)

Trash enclosures shall be constructed with masonry or wood walls. Chain-link is prohibited. Finishes and colors shall be similar to the building materials of the primary structure(s) on the site.

(j)

The required height and visual opacity (density) of landscape screening shall be achieved within three (3) years of installation. An exception shall be provided for trees, where a five-year period is allowed when needed to meet the performance criteria.

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

8178-8.4.2.3 - Landscaping in a mandatory fuel modification zone.

Landscaping in a fuel modification zone shall be designed, installed and maintained in conformance with the following standards:

(a)

Except as provided in subsection "b" below, only drought tolerant and fire resistant native and non-native plant species, as recommended by a qualified biologist, shall be used in the first one hundred (100) feet of mandatory fuel modification zones. Invasive or invasive watch list plant species are prohibited as inventoried by the California Invasive Plant Council.

(b)

To help preserve and protect ESHA, the following standards shall apply to landscaping within the fuel modification zone when development abuts or is adjacent to ESHA or is within a buffer zone:

(1)

Fuel modification zones within ESHA or a buffer zone shall consist only of locally indigenous, native plant species as recommended by a qualified biologist and be in accordance with an approved Fuel Modification Plan or ESHA Vegetation Management Plan (see Section 8178-2.6.9). Invasive and invasive watch list plants are strictly prohibited as inventoried by the California Invasive Plant Council;

(2)

Where complete removal of the vegetation is not required by the Ventura County Fire Protection District, fuel load shall be reduced through vegetation thinning or mowing (see Appendix E2, Section AE-2.5);

(3)

The disturbance of wildlife and special status species, including nesting birds, shall be avoided during the removal, thinning, or alteration of vegetation;

(4)

Vegetation within a fuel modification zone that overlaps with ESHA or buffer zone shall provide native transitional habitat for abutting ESHA while meeting fire protection requirements consistent with the landscaping requirements in Section 8178-8.4.2;

(5)

No permanent irrigation systems shall be installed within ESHA or buffer zone, except when such systems are located in a mandatory fuel modification zone and within fifty (50) feet of a legally established habitable structure; and

(6)

When allowed by the Ventura County Fire Protection District, trees classified as ESHA shall be retained within all or a portion of a fuel modification zone that overlaps with ESHA or buffer zone.

(c)

Except as permitted by Section 8178-7.5.4 or required by the Ventura County Fire Protection District Ordinance and defensible standards, in no case shall the fuel modification zone result in the removal of a native tree or create a bare ring of earth around structures. Other vegetation may be retained provided it avoids the spread of fire to other vegetation or to a building or structure and is located and maintained as follows:

(1)

Tree canopies and shrubs shall be spaced in accordance with Ventura County Fire Protection District defensible standards.

(2)

All trees and shrubs shall be trimmed to a minimum vegetative (leaf and branch) clearance in accordance with Ventura County Fire Protection District defensible standards.

(d)

All vegetation and mulch proposed to be planted in the fuel modification zone shall be consistent with the Fuel Modification Plan for the site authorized by the Ventura County Fire Protection District.

(e)

Approved landscaping installed within a required fuel modification zone shall be maintained for the life of the project.

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

8178-8.4.2.4 - Landscaping adjacent to an Environmentally Sensitive Habitat Area.

The plant palette for a landscape area within environmentally sensitive habitat areas (ESHA) or buffer zones shall be in accordance with an approved ESHA Mitigation Plan, ESHA Vegetation Management Plan, Landscape Plan or Tree Protection, Planting, and Monitoring Plan, as applicable and shall consist of locally-indigenous native plant species as recommended by a qualified biologist. See standards in Sections 8178-8.4.2.3(b) and 8178-2.6.13(f).

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

8178-8.4.2.5 - Slope planting and erosion control.

To minimize erosion, sedimentation, slope instability, and degradation of water quality due to surface water runoff, the following slope landscaping measures shall be implemented.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4.2.5.1 - Revegetation of disturbed areas.

Grading activities pursuant to Section 8178-8.2.a.4. that may require the revegetation of disturbed slopes shall be designed and maintained in compliance with the following revegetation measures:

a.

All graded and disturbed areas shall be landscaped or otherwise revegetated at the completion of grading.

b.

A combination of locally-indigenous native hydro-seed mix, plants, trees, shrubs, mulching, and other suitable stabilization methods shall be used to protect soils subject to erosion to assure soil stabilization and to promote varying height and mass of landscaping.

c.

Manufactured Slopes. Cut and fill slopes three (3) feet in height or greater shall be planted pursuant to the following standards:

If permanent groundcover is applied as hydromulch, there shall be a minimum of one (1) shrub for every one hundred twenty-five (125) square feet of slope area.

If rooted cuttings are utilized as groundcover, there shall be one (1) shrub for every three hundred (300) square feet of slope area.

There shall be a minimum of one (1) native tree for every five hundred (500) square feet of slope area.

Sloped areas are subject to the following:

i.

Slopes less than eight (8) feet in height are not required to be planted in shrubs.

ii.

Slopes less than five (5) feet in height are not required to be planted with trees.

d.

A mix of one-gallon and 15-gallon trees and shrubs shall be used to promote varying height and mass.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4.2.6 - Stormwater management landscaping.

a.

The siting and design of stormwater management landscaping shall be reviewed and approved by the Public Works Agency for conformance with regulations aimed at stormwater quality control. Landscape design features shall include but not be limited to the following:

Graded surfaces shall convey runoff to bioretention stormwater treatment facilities, vegetated swales, and other landscape areas.

To avoid flooding, overflow from large storms shall discharge to another landscaped area or the storm drain system.

The designed water flow shall not cause erosion or damage to required parking area features and pavement.

Plant material shall be selected to withstand inundation of water and be capable of pollutant uptake. Stormwater management landscaping shall not interfere with the movement of vehicles, pedestrians, or bicycles and shall not impede public access to the shoreline.

b.

Stormwater management landscaping may count towards the required minimum site coverage for the landscape area if the following criteria are met:

The stormwater management landscaping does not compromise the number, type, size, location, or health of protected trees.

The stormwater management landscaping does not compromise required landscape screening requirements.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4.2.7 - Parking lot landscaping.

All open (uncovered) automobile parking lots shall be landscaped in accordance with the following:

a.

Minimum Parking Lot Landscaping. Landscaping shall be computed on the basis of the net parking facilities, which includes parking stalls, access drives, aisles and walkways, but shall not include required landscaping adjacent to streets.

b.

Open parking areas shall consist of at least six (6) percent landscaping, which is counted toward the minimum landscape area requirement, except that no parking lot landscaping is required when there are fewer than four (4) parking spaces.

c.

Parking structures and covered parking spaces are exempt from these requirements but may be conditioned on a case-by-case basis to ensure the purposes of this section are met.

d.

New commercial and institutional projects with more than ten (10) motor vehicle spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, and special design elements. Public art may be used, and is encouraged, in conjunction with these elements. Such art should meet the provisions of Section 8178-8.4.1.9.

e.

Landscaping shall be designed so that pedestrians are not likely to cross landscape planters to reach building entrances.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4.2.7.1 - Interior parking lot landscaping.

Parking lots shall include interior landscaping as outlined below.

a.

Planter Dimensions.

Strip Planters. Interior parking lot strip planters shall measure at least four (4) feet wide (inside dimension).

Finger Planters. Finger planters shall be at least five (5) feet wide (inside dimension) and the length shall be the same as the parking space (typically, eighteen (18) feet).

Tree well planters shall be a minimum of sixteen (16) square feet, (inside dimension).

b.

All parking lot landscape planters shall be protected from vehicular damage by a raised curb or a wheel stop. The raised curb or wheel stop shall be at least four (4) inches in height.

Where curbs around landscape planters function as wheel stops, plants and other landscape features in the outside two (2) feet of these planters shall not extend more than two (2) inches above the four (4) inch curb or wheel stop.

Curbs adjacent to landscape planters may contain cuts or notches to allow stormwater to pass into the planter if part of a landscaped stormwater management system.

c.

Preferred Layout. The preferred layout for the interior landscaping of parking areas is set forth below.

A minimum eight (8) foot wide (inside dimension, inclusive of any bumper overhang) landscape planter shall be provided between the street and a parking lot, except at driveways, pedestrian pathways, and other pedestrian spaces.

The ends of each row of parking spaces should be separated from drive aisles, driveways, or buildings by a finger planter.

Between finger planters, tree wells or a continuous strip planter should be provided.

Where parking areas and associated driveways adjoin a residential use, a vacant residentially zoned property, or a ground-floor residential land use, perimeter landscaping shall include the following:

i.

A solid masonry wall at least six (6) feet in height shall be installed and maintained along the property line except where it would adversely impact scenic resources.

ii.

Where such parking lot is across the street from an R-zoned property, the parking lot shall be separated from the street by an opaque ornamental fence, wall, landscaped earth mound, or evergreen hedge having a height of at least three (3) feet except where it would adversely impact scenic resources.

Where a parking area or driveway adjoins a side or rear property line, side and rear perimeter landscaping shall be provided. The perimeter landscaping shall be at least two (2) feet wide (inside dimension) when the planters do not include trees and a minimum of four (4) feet wide (inside dimension) when the planters include trees.

Where a parking area or driveway is adjacent to a building on the same site, the area should be separated from the building by a landscaped planter at least four (4) feet wide.

When approving a landscape plan for a development that includes a parking lot, the preferred layout will be based on functional considerations and site constraints.

d.

Tree Locations

Trees shall be spaced out evenly throughout the parking lot in order to maximize shading of pavement.

i.

Double-sided Parking Rows. Provide one (1) finger planter with two (2) trees (one per eight spaces). Between finger planters, either provide two (2) tree wells (one per eight spaces) or a continuous planter containing two (2) trees (one per eight spaces).

ii.

Single-sided Parking Rows. Provide one (1) finger planter with one tree. Between finger planters, either provide two (2) tree wells (one per four spaces) or a continuous planter containing two (2) trees (one per four spaces).

Examples of Landscaping for Single- and Double-Sided Parking

e.

Shrubs planted in parking lot planters shall not grow above three (3) feet in height.

f.

Trees planted in parking lot planters shall not interfere with parking lot lighting illumination that is required for safety or security purposes.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.4.2.7.2 - Acceptable substitutions for interior landscaping.

If the applicant can demonstrate that compliance with interior landscaping requirements would result in the loss of required parking spaces, the interior landscaping requirement may be modified if the parking area includes acceptable substitutions for the required interior landscaping that would otherwise be provided. Acceptable substitutions for interior landscaping include the following:

a.

The use of a light-colored/high-albedo (minimum of 0.3) paving surface, or use of a pervious paving surface pursuant to Section 8176-

c.

Written findings of fact shall be made pursuant to Section 8178-8.7.1 for any requested modification to the extent it requires a waiver or modification of the landscape area requirements of this Section 8178-8.

d.

Water budget calculation revisions where the change is triggered by plant substitutions as approved by a licensed landscape architect, landscape designer, landscape contractor, or qualified biologist.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.8 - Landscape documentation package.

A landscape documentation package shall accompany the discretionary permit or permit modification application and shall include the following:

a.

Landscape Plan. If Section 8178-8 et seq., is applicable, a conceptual landscape plan shall be submitted as part of the development application and shall be reviewed by the Planning Division. See Appendix L1 for landscape plan requirements.

b.

Landscape plan specifications shall include performance standards for determining the following:

The health and normal growth of plants/trees included in the landscape plan.

Procedures for periodic monitoring.

Corrective measures that should be used when the health of a plant or tree declines.

c.

Irrigation Plan. The irrigation plan shall be a separate document from, but use the same format as, the landscape plan. See Appendix L1 for minimum requirements for the irrigation plan.

d.

Water Efficient Landscape Worksheet. The applicant shall submit a Water Efficient Landscape Worksheet, provided by the Planning Division, which contains a Hydrozone Information Table and a Water Budget Calculation. See Appendix L3 Sample Water Efficient Landscape Worksheet.

e.

Water Budget Calculations. See Appendix L3 Water Efficient Landscape Worksheet.

f.

Estimated Total Water Use (ETWU). The ETWU calculation shall be based upon the types of plant material used in the landscape plan. See Appendix L4 for determining ETWU.

g.

Soils Report. To achieve optimum growth of groundcover, shrubs, and trees, the landscape documentation package shall include a soils report that indicates the nutrient status and pH of the soil in the landscape area. The soils report must be prepared by a California licensed engineer with experience in soils engineering.

h.

Ventura County Fire Protection District Construction Permit. Verification that installation of, or modification to, landscaping within the required fuel modification zone has been submitted for review and approval by the Ventura County Fire Protection District.

i.

One (1) set of colored photographs of the project site taken from the following three (3) vantage points: (1) close-up; (2) midfield; and (3) entire project site, relative to nearby vegetation, landmarks and structures. Color photo simulations showing proposed landscaping at maturity shall be required for projects which could have an adverse visual impact.

j.

Preparation and Signature of Landscape Documentation Package. If landscaping is required pursuant to Section 8178-8.2(a)(4), or a Grading or Drainage Plan for proposed development is required, the Landscape Documentation Package shall be prepared, stamped and signed by a licensed landscape architect and a Registered Civil Engineer.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.9 - Landscape documentation package approval and inspections. 8178-8.9.1 - Landscape documentation package approval.

a.

The landscape documentation package shall be submitted to the Planning Division and other required County agencies for review and approval as part of the permit application for the proposed development.

b.

After preliminary review by the Planning Division and other required County agencies, for large required landscape areas, the Planning Division shall send the landscape documentation package to a consulting licensed landscape architect for review, at the applicant's sole expense, to determine consistency with Section 8178-8, conduct an onsite inspection, and to provide recommendations regarding any document contained in the landscape documentation package.

c.

Following approval of the permit application for the proposed development, a zoning clearance shall be required to verify that the proposed landscape construction documents are consistent with the approved landscape documentation package.

d.

Prior to issuance of any zoning clearance authorizing construction or use inauguration for the approved development, the permittee shall be responsible for the following:

The applicant shall include, on a separate informational sheet to be recorded with the conditions of approval, an 8½ inches × 11 inches reduced copy of the approved landscape plan and the required fuel modification zone.

Enter into a reimbursement agreement with the County to cover the Planning Division's costs of monitoring the approved landscaping and irrigation improvements pursuant to Section 8178-8.9.2(b) below.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.9.2 - Landscape inspections.

a.

Prior to issuance of a final map, certificate of occupancy, or other milestone set forth in the conditions of the discretionary entitlement for the project requiring landscaping, the permittee shall satisfy the following post-approval requirements:

Certificate of Completion. The permittee shall submit to the Planning Division a Certificate of Completion as provided by the Planning Division (see Appendix L6).

After the permittee submits the Certificate of Completion, County staff shall conduct an onsite inspection to verify that the landscaping was installed as required by the approved landscape documentation package.

b.

The property owner shall maintain the required landscape area in accordance with the approved landscape documentation package. County staff shall conduct inspections once every three (3) years following installation of required landscaping and irrigation, unless otherwise specified in the permit conditions.

c.

If required landscaping does not meet the performance criteria set forth in the approved landscape documentation package, the permittee shall submit a proposed modification to the landscape documentation package for the County review and approval pursuant to Section 8178-8.7.2 that includes licensed landscape architect, landscape designer, landscape contractor, or qualified biologist's recommendations for plant substitutions or remedial efforts.

(Ord. No. 4492, § 6, 6-21-2016)

8178-8.9.3 - Landscape maintenance and monitoring.

a.

Required landscaping shall be maintained for the term of the subject permit to ensure continued compliance with the approved landscape documentation package and shall include the following as may be supplemented in the landscape documentation package.

Pruning shall be conducted to keep plants within spatial limits, and weeds and litter removed in the landscape area.

Plant materials that are not successfully established or that did not meet performance criteria may be replaced with alternative plants as recommended by a licensed landscape architect, landscape designer, landscape contractor, or qualified biologist. Plant substitutions that do not change the MAWA or ETWU do not require a permit modification pursuant to Section 8178-8.7.2.

Tree supports shall be inspected frequently and removed as soon as the tree can stand without support and be able to resist wind damage.

Mulch shall be replenished.

The irrigation equipment shall be monitored for any necessary repairs.

Any defects in landscape maintenance shall be remedied within thirty (30) days following the County's notification.

b.

Failure to maintain required landscaping and/or irrigation systems shall constitute a violation of the subject permit (see Article 13 Enforcement and Penalties).

(Ord. No. 4492, § 6, 6-21-2016)