§ 2.10

⇓ ⇓ ⇓

Preservation Restoration or Establishment Enhancement (off-site only) (on-site/off-site) (on-site/off-site) • Purchase off-site mitigation lot; or • Pay County in-lieu fee • Required for temporary construction • Conduct through third-party provider (Coastal sage scrub and chaparral habitat impacts, unpermitted impacts, and  ◦ on-site (contract a restoration only). impacts to specific types of habitats; or specialist); or • Conduct through third-party provider  ◦ off-site on preserved land (through a  ◦ On-site (contract a restoration Conservation organization or Natural specialist); or Resource Agency); or  ◦ Off-site on preserved land (through a • Purchase credits from an approved Conservation organization or Natural federal or state mitigation bank or In-Lieu Resource Agency); or Fee Program. • Purchase credits from an approved federal or state mitigation bank or In-Lieu Fee Program.

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

8178-2.10.9 - ESHA Mitigation Plan.

Required compensatory mitigation measures for the proposed development shall be described within an ESHA Mitigation Plan that meets the standards established in Appendix E2. A Habitat Mitigation Plan shall provide a summary of the mitigation measures required to offset all impacts to ESHA. It must include project goals and objectives, performance standards and criteria, identification of mitigation sites, detailed implementation schedule, a contingency plan, a cost plan, any required financial assurances, and a description of the mechanisms proposed for the long-term preservation of the mitigation site. Additional components of an ESHA Mitigation Plan will be dependent on the mitigation approach required for individual projects, and will include one (1) or more of the following components:

(a)

Habitat Restoration Plan. This component is required for mitigation that includes habitat restoration, establishment, or enhancement as a compensatory measure. It must include a description of how a project will be coordinated, a project schedule, and plans for the plant palette, temporary irrigation system, weed eradication, erosion control, fencing. This document also includes a cost estimate for completing compensatory mitigation and other measures identified to ensure project success based on site-specific factors.

(b)

Habitat Maintenance and Monitoring Plan. Provides a detailed description of the required activities during the maintenance and monitoring period (see Appendix E2) associated with the Habitat Restoration Plan to help ensure the success of the ESHA Mitigation Plan. It must include performance standards, procedures for the periodic monitoring and implementation of corrective measures, and maintenance tasks used to ensure the continued viability of habitat mitigation requirements once initial construction is complete.

(c)

Habitat Management Plan. This component is required for mitigation that includes habitat preservation as a compensatory mitigation measure. It must include documented proof that the mitigation property is protected in perpetuity.

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

8178-2.11 - Processing permits for development in ESHA or buffer zone. 8178-2.11.1 - General requirements.

All discretionary permit applications shall be reviewed against all applicable LCP policies and standards, including but not limited to the Coastal Area Plan policies in Section 4.1.3 and the Coastal Zoning Ordinance regulations/standards in Section 8178-2. The conditions of approval for a Coastal Development Permit shall be subject to the required findings of fact in Section 8181-3.5.3.

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

8178-2.11.2 - Coastal development permit application requirements.

In addition to the information required by Section 8181-5, the following information and documentation must be provided with all permit applications:

(a)

Coastal Initial Study Biological Assessment (CISBA). An assessment shall be submitted of the environmental resources on the project site, as well as account for adverse impacts to ESHA that would result from the proposed project. The CISBA shall include information needed to determine the type and amount of compensatory mitigation that is required to mitigate for all unpermitted impacts and unavoidable, permitted impacts to ESHA that would result from the proposed project. The CISBA shall meet the requirements of Section 8178-2.3(a) and Appendix E1, Site Specific Environmental Assessments for ESHA.

(b)

Least Damaging Alternatives Analysis. This submittal shall include graphic and written materials needed to demonstrate that the proposed project meets the standards established by Sections 8178-2.3(b) and 8178-2.6.1.

(c)

Site Plan. The site plan shall, at a minimum, identify the location of the following: (1) on-site ESHA, wetlands, and their buffer zone(s); (2) existing development, including any unpermitted structures, grading and vegetation removal; (3) the proposed building site and development envelope with all proposed buildings, structures, landscaping, outdoor lighting, service infrastructure (including testing sites for utility or access needs), temporary and permanent roads/driveways and fuel modification zones; (4) off-site development (e.g., access road(s), structures); (5) off-site parks and protected open-space that abut the lot; and (6) slopes that exceed thirty (30) percent.

(d)

Written Summary. The written submittal shall address project siting and design methods used to avoid or minimize impacts on ESHA and buffer zones.

(e)

Comparative Analysis for Land Divisions. For applications involving a land division (including lot mergers, lot line adjustments, ESHA preservation incentive), a comparative analysis shall be provided assessing the development potential for the original and the proposed lot configuration and a summary of unavoidable impacts to ESHA or buffer zone. See applicable sub-sections of Section 8178-2.9 for additional information.

(f)

Emergency Permits for Tree Removal. When applicable, see Section 8178-7.5.4 for permitting requirements applicable to a Coastal Emergency Permit issued for a protected tree classified as ESHA.

The Planning Director or designee may require additional information and documentation if needed to determine compliance with the policies and standards of the LCP.

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

8178-3 - Archaeological and paleontological resources.

The following standards shall apply to all proposed development in order to protect such resources which can be easily destroyed by human activities.

8178-3 - Archaeological and paleontological resources[7] Footnotes: --- (7) ---

Editor's note— Ord. No. 4492, § 6, adopted June 21, 2016, amended § 8178-3 in its entirety, in effect repealing and replacing said section to read as herein set out. Former § 8178-3, pertained to similar subject matter, and derived from the original codification.

8178-3.1 - Archaeological resources.

The purpose of this section is to protect archaeological resources in the Coastal Zone.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.1 - Applicability.

The following standards shall apply to all proposed development in order to protect archaeological resources that can be disturbed by human activities. Development that does not have the potential to affect archeological resources, does not require further review.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2 - Methodology. 8178-3.1.2.1 - Initial evaluation.

a.

The Planning Division shall conduct a search of County records to determine if areas proposed to be disturbed, including but not limited to all building envelopes, access roads, subsurface structures, well sites, trenching sites, or other ground disturbance sites), have undergone a Phase I Inventory in accordance with Section 8178-3.1.2.2 (below).

b.

If a Phase I Inventory was conducted for the area proposed for development, the findings and recommendations shall be reviewed by the Planning Division to verify that all areas proposed for development were included in the Phase I Inventory.

c.

If the project area is undeveloped and no archaeological survey has been conducted, or portions of the project site were not included in a previous Phase I Inventory, the Planning Division shall contact the South Central Coast Information Center at Cal State Fullerton (SCCIC) to determine if a Phase I Inventory will be required.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.2 - Phase I Inventory.

a.

A Phase I Inventory shall be prepared by a Qualified Archaeological Consultant and shall include a record search, Sacred Lands File search, and a surface survey as follows:

A record search shall be procure information from the SCCIC or Regional Historical Resources Information Center and shall determine the following:

i.

Whether a part or all of the project area was previously surveyed for archaeological resources;

ii.

Whether any known archaeological resources were already recorded on or adjacent to the project area; and,

iii.

Whether the probability is low, moderate, or high that archaeological resources are located within the project area.

A Sacred Lands File search shall be requested from the Native American Heritage Commission to determine the presence of Native American archaeological resources and to obtain the most recent list of Native American individuals/organizations that may have knowledge of archaeological resources in the project area.

A surface survey shall be performed to determine the presence or absence of archaeological resources.

b.

The Phase I Inventory Report shall include:

An overview of the archaeological context within which to evaluate the type, nature and significance of prehistoric resources (i.e., material remains of Native American societies and their activities) or ethnohistoric resources (i.e., Native American settlements occupied after the arrival of European settlers in California) that may be encountered in the project area;

An historical context to determine if any archaeological resources meet the criteria for an historic resource pursuant to Section 8178- 3.1.2.3;

A description of how the surface survey was conducted;

An assessment identifying the importance or absence of subsurface archaeological resources and any potential direct or indirect effects from the proposed development on archaeological resources;

Resource management recommendations;

Copies of the records search; and

Official state forms (i.e., Building, Structure and Object (BSO) Record, Archaeological Site Record and/or District Record) if archaeological resources are encountered.

A copy of the Phase I Inventory shall be reviewed and approved by the Planning Director and filed with the South Central Coastal Information Center (California State University Fullerton) or Regional Historical Resources Information Center.

c.

Where, as a result of the Phase I Inventory, the Qualified Archaeological Consultant determines, with the approval of the Planning Director, that the potential for encountering archaeological resources is low, no further analysis is required. However, the project will be conditioned that in the event of an unanticipated discovery, construction shall be halted in the area of the find and the permittee shall contact the Planning Director, the qualified archaeological consultant and the State Historic Preservation Officer to assess the significance and treatment options.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.3 - Archaeological resources determined to be historic resources.

a.

Where, as a result of the Phase I Inventory, the Qualified Archaeological Consultant determines, with the approval of the Planning Director, the archaeological site is also an historic resource, the Planning Director, in consultation with the Qualified Archaeological Consultant, the Ventura County Cultural Heritage Board, and the State Historic Preservation Officer, shall develop a plan for mitigating the effect of the project on the qualities that make the resource significant consistent with the criteria for mitigation in Section 8178- 3.1.4, with an emphasis on avoiding impacts to the resource and preserving it in place.

b.

Where the, Qualified Archaeological Consultant determines, with the approval of the Planning Director, the archaeological site does not meet the criteria for an historic resource as defined in Article 2 but does meet the definition of archaeological resource, the Qualified Archaeological Consultant's recommendations, with the approval of the Planning Director, shall determine the subsequent course of action.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.4 - Phase II Evaluation.

a.

Where the approved Phase I Report identifies a moderate to high potential for encountering significant archaeological resources in the project area, a Phase II Evaluation of archaeological resources shall be required.

b.

Notwithstanding the foregoing, the Planning Director may waive the preparation of a Phase II Evaluation if all of the following conditions are met:

Based upon substantial evidence, the Planning Director determines that although the Phase I Inventory indicates the presence of prehistoric or ethnohistoric resources are present, it is unlikely that the project site will contain archaeological resources (as for example, where the site is in an area of low density of artifacts or other remains, the suspected amount of the site deposit to be disturbed is small, or where it appears the artifacts or other remains have been historically redeposited);

Project applicant provides monitoring of all excavation and trenching by an Archaeologist, Qualified Consultant and qualified Native American monitor, chosen in consultation with the Native American Heritage Commission if the resource is significant to Chumash or Native American prehistory or history; and

A Qualified Archaeological Consultant prepares a Construction Monitoring Plan that includes the following:

• Procedures for archaeological and Native American monitoring of all earth-moving activities related to project construction;

• An action plan for treating discoveries of archeological resources including sampling procedures to be used, data recovery methods to be employed, and the anticipated approach to post-field data analysis and reporting.

c.

If a Phase II Evaluation is required, the [Qualified Archaeological Consultant] shall provide a written scope of work that details the recording, mapping, and collection procedures, time frames and cost. Prior to initiating the Phase II Evaluation pursuant to Section 8178-3.1.2.6, the Planning Director shall review and approve the scope of work.

d.

During the Phase II Evaluation, the Qualified Archaeological Consultant shall recover sufficient samples to allow the formulation of more complete interpretations regarding the spatial disposition of artifacts across the site, as well as the likely age and function of discreet components or activity areas within the site. The evaluation shall consist of the following:

Subsurface exploration techniques including hand and/or auger excavations, and shovel test pits or trenches, as determined by the Qualified Archaeological Consultant;

A delineation of the site boundaries of the archaeological resources;

A detailed analysis of the material recovered; and

An assessment of resource integrity.

e.

Earth disturbing activities associated with the Phase II Evaluation shall be confined to the direct area of the project's potential effects except when otherwise indicated in the approved scope of work.

f.

Prior to approval of a Planned Development Permit for the project, a final Phase II Evaluation report with recommendations of impact mitigation shall be submitted to the Planning Director for review and approval and shall be filed with the South Central Coastal Information Center (California State University Fullerton) or Regional Historical Resources Information Center.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.2.5 - Phase III Mitigation.

a.

Where as a result of the Phase II Evaluation the Qualified Archaeological Consultant determines that the project may adversely affect archaeological resources that yield or have the potential to yield significant information regarding prehistory or history only with archaeological methods, and therefore data recovery necessary for cultural and scientific discovery would serve as the primary mitigation method, with the approval of the Planning Director, a Phase III archaeological mitigation plan for the treatment of impacted archaeological resources shall be prepared.

b.

Where the Qualified Archaeological Consultant determines that the project may adversely affect archaeological resources other than those that have the potential to yield significant information regarding history or prehistory, with the approval of the Planning Director, the project shall be subject to the mitigation criteria in Section 8178-3.1.4. The Phase III archaeological mitigation plan shall be prepared by the Qualified Archaeological Consultant and shall include a Data Recovery Plan that proposes how the archaeological excavation will be carried out, and shall require the preparation of a Data Recovery Report summarizing the results of the archaeological excavation(s).

c.

Excavations shall be confined to the direct area of the project's potential effects except when otherwise indicated in a Data Recovery Plan. The Data Recovery Plan shall include but not be limited to the following:

The nature and purpose of the Data Recovery Plan, dates of the fieldwork, names, titles, and qualifications of personnel involved, and nature of any permits or permission obtained;

The level of excavation needed;

The analytical protocols for the data;

Detailed notes, photographs, and drawings of all excavations and soil samples; and

The location of where archaeological resources will be curated.

d.

The Data Recovery Plan shall be submitted with the permit application, shall be reviewed for adequacy by the Planning Director, and shall be subject to approval as part of the permit application for the development. A follow-up Data Recovery Report shall be submitted to the Planning Division following the archaeological excavation detailing the implementation of the Data Recovery Plan and recovery measures that were performed, including the integrity of the site deposits and any other information, as necessary.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.3 - Monitoring.

a.

Where as a result of the Phase I Inventory and/or Phase II Evaluation, the Qualified Archaeological Consultant recommends archaeological monitoring to occur during earth moving activities related to project construction, with the approval of the Planning Director, the Qualified Archaeological Consultant retained by the permittee shall select a qualified archaeological monitor and, if the resource is significant to Chumash or Native American prehistory or history, a Native American monitor shall be retained in consultation with the Native American Heritage Commission to be used for that site only.

b.

If any archaeological resources are found in the course of excavation or trenching, work shall immediately cease in the area of the find. Work shall be redirected, where feasible, until the Qualified Archaeological Consultant can provide an evaluation of the nature and significance of the resources and recommend appropriate mitigation measures. The Planning Director shall review and approve additional mitigation measures, as recommended, where such measures are in substantial conformance with the approved permit. The permittee shall obtain the Planning Director's written concurrence of the approved recommendations before resuming construction activities. Where mitigation measures comprise additional development that is not substantially in conformance with the approved permit, a new permit or permit modification shall be required.

c.

If human remains are encountered, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Medical Examiner has been contacted.

d.

If the County Medical Examiner determines that the human remains are those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact the Native American Heritage Commission by telephone within twenty-four (24) hours.

e.

Upon the discovery of Native American remains, the permittee shall ensure that the immediate vicinity is not damaged or disturbed by further development activity until the permittee has discussed and conferred with the most likely descendants regarding the descendants' preferences and all reasonable options for treatment and disposition of the remains, in accordance with Public Resources Code section 5097.98.

f.

Whenever the Native American Heritage Commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Public Resources Code section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. To protect the sites, the landowner shall record the site with the Native American Heritage Commission, South Central Coastal Information Center (California State University Fullerton) and/or Regional Historical Resources Information Center.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.1.4 - Mitigation.

Where new development may adversely impact archaeological resources, mitigation shall be required. Mitigation measures subject to the review and approval of the Planning Division shall be prepared by a Qualified Archaeological Consultant to minimize impacts to archaeological resources to the maximum extent feasible, in consultation with Native American tribal groups approved by the Native American Heritage Commission for the area, and the State Historic Preservation Officer, and consistent with the following mitigation criteria.

a.

The following mitigation measures to reduce impacts to archaeological resources shall be undertaken in the following order:

Except as allowed pursuant to Section 8178-3.1.2.5, preserve the resources in place or in an undisturbed state using the following methods:

i.

Planning construction to avoid archaeological sites;

ii.

Planning parks, green space, or other open space to incorporate archaeological sites;

iii.

Capping or covering archaeological sites only when avoidance is not possible and with a sufficiently thick protective layer of soil before building tennis courts, parking lots or other paved surfaces;

iv.

Protecting archaeological sites pursuant to easements or other legal instruments recorded with the Office of Ventura County Recorder in the property's chain of title.

Where in-situ preservation is not feasible, or where specifically allowed pursuant to Section 8178-3.1.2.5, partial or total recovery of archaeological resources shall be conducted pursuant to the recommendations included in the Phase I and II reports approved by the Planning Director.

Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.2 - Paleontological resources.

The purpose of this section is to protect important paleontological resources in the coastal zone.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.2.1 - Applicability.

The following standards shall apply to all proposed development in order to protect important paleontological resources that may be damaged or destroyed by the proposed development.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.2.2 - Methodology.

a.

The Planning Division shall perform a preliminary assessment of the proposed project and all areas that will be disturbed and the depth of disturbance. As part of the assessment, the geologic formation in which the project shall be located, and its relative paleontological importance, shall be identified using the following table:

                                                        Table 1

                                                                    PALEONTOLOGICAL
   GEOLOGIC FORMATION           TYPE        GEOLOGIC AGE
                                                                     IMPORTANCE

                 Artificial fill                         af              Holocene                      None

       Active beach deposits            Qb              Holocene                None. Deposits displaced
                                                                                                    or disrupted
       Active coastal eolian
                               Qe              Holocene
       (sand dune) deposits

Active coastal estuarine deposits Qes Holocene

Active wash deposits within major river Qw Holocene channels

                                 Qhw1/                                     None. Deposits disrupted
       Wash deposits                                  Holocene
                             Qhw3                                                  or displaced

          Alluvial fan deposits            Qhfy/Qhf/Qhff         Holocene
         Alluvial deposits and                                                  None. Deposits displaced or disrupted
                                Qha             Holocene
           colluvial deposits

                                                                               None. Deposits displaced
    Stream terrace deposits             Qht              Holocene
                                                                                                    or disrupted

   Paralic deposits of the Sea Cliff
                                 Qhps             Holocene                       Moderate
         marine terrace

                                                                      None Deposits displaced
       Landslides deposits                 Qls         Holocene/Pleistocene
                                                                                                    or disrupted

  Paralic deposits of Punta Gorda
                               Qppp             Pleistocene                      Moderate
         marine terrace

                                                                      None Deposits displaced
 Undivided mass-wasting deposits      Qpmw             Pleistocene
                                                                                                    or disrupted

            Alluvial deposits              Qpa              Pleistocene                      Moderate

None. Deposits displaced Alluvial deposits Qoa Pleistocene or disrupted

        Casitas formation              Qca              Pleistocene                      Moderate

      Saugus Formation              Qs               Pleistocene                         High

      Las Posas Formation               Qlp              Pleistocene                   Moderate to High

    Santa Barbara Formation           Qsb              Pleistocene                   Moderate to High

         Pico Formation              Tp/Tps/Tpsc           Pliocene                    Moderate to High

       Sisquoc Formation                Tsq           Pliocene/Miocene                   Moderate

   Undivided diabase and mafic
                                  Tdb              Miocene                      None
    hypabyssal intrusive rocks

      Monterey Formation            Tmy             Miocene                       Moderate

      Topanga Formation                  Tt/Tts             Miocene                       Moderate

                                             Tcv, Tcvab,
       Conejo Volcanics                                 Miocene                      None
                                  Tdb

      Vaqueros Sandstone               Tv/Tvs             Oligocene                   Moderate to High

• Table 1 Legend—Paleontological Importance:

Bureau of Land Management Paleontological Classifications:

Paleontological Resource, High—Geologic units containing a high occurrence of scientifically significant fossils known to occur and have been documented, but may vary in occurrence and predictability. Surface disturbing activities may adversely affect these paleontological resources in many cases.

Paleontological Resource, Moderate—Geologic units may contain vertebrate fossils or scientifically significant non-vertebrate fossils, but where occurrences are widely scattered. The potential for a project to be sited on or impact a scientifically significant fossil locality

is low; however the potential still exists.

Paleontological Resource, Low—Geologic units that are not likely to contain vertebrate fossils or scientifically significant non- vertebrate fossils. Units are generally younger than ten thousand (10,000) years before present in sediments that exhibit significant physical and chemical changes. The probability for impacting vertebrate or non-vertebrate or plant fossils is low.

Paleontological Resource, None—No potential for geologic units to contain vertebrate fossils because the formation is Conjeo volcanics, granite or basalt, or the area that will be disturbed is imported or artificial fill.

---

b.

The Planning Division shall utilize the results of its preliminary assessment as follows:

No further assessment is required for the following areas unless important paleontological resources are discovered during earth moving activities:

• The proposed development is located on artificial fill, igneous or metamorphic rock.

• If the underlying geologic formation is located in an area of Quaternary Deposits (alluvium), Holocene and Pleistocene epochs, and has an importance rating of Low or None.

An assessment of the proposed development, which shall be conducted by a qualified paleontological consultant or registered geologist, shall be required for the following:

• If the underlying geologic formation is located in an area of Quaternary Deposits (alluvium), Holocene and Pleistocene epochs, and has an importance rating of Moderate, Moderate to High, or High.

• If the underlying geologic formation is located within the Tertiary geologic period, Pliocene, Miocene, Oligocene epochs.

The assessment shall include literature and archival reviews at the appropriate museum (Natural History Museum of Los Angeles County or other curating facility), consultations with geologists and paleontologists knowledgeable about the paleontological potential of rock units present in the vicinity of the proposed project, and a field survey of the areas where earth-moving activities such as grading, trenching, drilling, tunneling, and boring are proposed.

If the assessment determines that there is a potential for important paleontological resources to be buried at a depth beneath alluvium or artificial fill that will not be disturbed by earth-moving activities, documentation from a qualified paleontologist or registered geologist shall be submitted demonstrating that the project will have no impact on paleontological resources.

Where as a result of the assessment, the qualified paleontological consultant, with approval by the Planning Director, determines proposed earth-moving activities have the potential to disturb important paleontological resources, the qualified paleontological consultant shall prepare a Paleontological Resources Monitoring and Mitigation Plan (PRMMP) that includes:

• Documentation of the location of recorded fossil sites within the area of proposed development;

• Documentation of other stratigraphic levels, as determined necessary by the paleontological consultant or registered geologist;

• Verification or modification of the level of paleontological importance assigned to each formation within the area of proposed development;

• Identification of any potential adverse effects from the proposed development on important paleontological resources;

• Evaluation of all mitigation opportunities pursuant to Section 8178-3.2.4, including siting and design alternatives to avoid impacting the resources;

• Identification of alternatives where there is a potential to impact important paleontological resources; and

• Procedures for preconstruction coordination including informing construction personnel of the possibility of encountering fossils, how to recognize paleontological resources, and proper notification procedures, discovery procedures, and where approved, sampling and data recovery, cataloguing, and museum curation for specimens and data recovered.

The documentation or PRMMP shall be reviewed for adequacy by the Planning Director and shall be subject to approval as part of the permit application for the development.

For those projects requiring a PRMMP, after all earth-moving activities are completed, a final report shall be submitted to the Planning Director for approval. The final report shall include but not be limited to the following:

• Documentation of the location of any paleontological resources identified during earthmoving activities;

• Description of the paleontological importance;

• The curation location; and

• Documentation of the monitoring activities.

The qualified paleontological consultant shall inform the Ventura County Cultural Heritage Board of important paleontological resource discoveries.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.2.3 - Monitoring.

a.

Where earth-moving activities may impact important paleontological resources, a paleontological monitor must be present during earth-moving activities. After fifty (50) percent of excavations are complete in either an area or rock unit and no fossils of any kind have been discovered, the level of monitoring can be reduced or suspended entirely subject to written approval of the Planning Director where specifically allowed in the approved permit conditions.

b.

If fossil remains are found during earth moving activities, the earth moving activities must halt and the qualified paleontological consultant shall be notified to assess the site and determine further mitigation measures, as appropriate. The Planning Director shall review and approve additional mitigation as recommended where such measures are in substantial conformance with the approved permit. The permittee shall obtain the Planning Director's written concurrence of the approved recommendations before resuming earth moving activities. Where mitigation measures comprise additional development that is not substantially in conformance with the approved permit, a new permit or permit modification shall be required.

(Ord. No. 4492, § 6, 6-21-2016)

8178-3.2.4 - Mitigation.

Where earth-moving or other development activities may adversely affect important paleontological resources, mitigation shall be required. Mitigation measures subject to the review and approval of the Planning Division shall be prepared by a qualified paleontological consultant or registered geologist to minimize impacts to important paleontological resources to the maximum extent feasible and consistent with the following mitigation criteria. Mitigation measures shall be subject to approval as part of the discretionary permit application.

a.

The following mitigation measures to reduce impacts to important paleontological resources shall be undertaken in the following order:

Planning construction to avoid paleontological sites;

Protecting significant paleontological areas pursuant to easements or other legal instruments recorded with the Office of Ventura County Recorder in the property's chain of title.

b.

Where in-situ preservation is not feasible, partial or total recovery of paleontological resources shall be conducted pursuant to the recommendations included in the approved PRMMP pursuant to Section 8178-3.2.2.b.

c.

Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

8178-4 - Mitigation of potential hazards. 8178-4.1 - All new development shall be evaluated for potential impacts to, and from, geologic hazards (including seismic hazards, landslides, expansive soils, subsidence, etc.), flood hazards and fire hazards. New development shall be sited and designed to minimize risks to life and property in areas such as floodplains, blufftops, twenty (20) percent or greater slopes, or shorelines, where such hazards may exist. New development shall be sited and designed so as not to cause or contribute to flood hazards, or lead to the expenditure of public funds for flood control works. Feasible mitigation measures shall be required where necessary. 8178-4.2 - If the available data indicates that a new development as proposed will not assure stability and structural integrity and minimize risks to life and property in areas of potential hazards, or will create or contribute significantly to erosion or geologic instability, then the County shall require the preparation of an engineering geology report at the applicant's expense. Such report shall be in accordance with all applicable provisions of this Article and of the Coastal Area Plan policies, and shall include feasible mitigation measures that will be used in the proposed development, as well as the following applicable information to satisfy the standards of Section 8178-4.1:

(a)

Blufftop and twenty (20) percent or Greater Slope Development. For these areas, the County may require the following information:

(1)

Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site;

(2)

Historic, current and foreseeable cliff erosion data, including an investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs, where available, and possible changes in shore configuration and sand transport;

(3)

Geologic conditions, including soils, sediment and rock types and characteristics, in addition to structural features, such as bedding, joints, and faults;

(4)

Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity;

(5)

Impact of construction activity on the stability of the site and adjacent area;

(6)

Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system; alterations in surface drainage);

(7)

Potential erodibility of site;

(8)

Effects of marine erosion on seacliffs;

(9)

Potential effects of seismic forces resulting from a maximum credible earthquake;

(10)

Any other factors that might affect slope stability.

(b)

Shoreline Protective Devices. See Section 8175-5.12.

(Ord. No. 4451, § 9, 12-11-2012)

8178-4.3 - Structures for human habitation (regularly, habitually, or primarily occupied by humans) shall be set back a minimum of 50 feet from an active fault. This setback may be increased when geologic conditions warrant. 8178-5 - Agricultural lands.

To maintain agricultural viability, the following standards must be met, or be capable of being met with appropriate conditions and limitations. These standards apply to all developments, including land divisions, either in or adjacent to agricultural areas. The applicant shall have the burden of proving these standards can be met:

a.

The establishment or maintenance of the use or development will not significantly reduce, restrict or adversely affect agricultural resources or the economic viability of commercial agricultural operations on-site or in the area.

b.

All structures will be sited to minimize conflicts with agricultural operations.

c.

The minimum amount of agricultural land shall be removed from production.

8178-6 - Beach access.

The following conditions shall apply to all proposed developments located between the first public road and the ocean:

8178-6.1 - The granting of an easement to allow vertical access to the mean high tide line shall be mandatory unless:

a.

Adequate public access is already available within a reasonable distance (one-quarter mile) of the site measured along the shoreline, or

b.

Access at the site would result in unmitigable adverse impacts on areas designated as "sensitive habitats" or tidepools by the land use plan, or

c.

Findings are made, consistent with Section 30121 of the Coastal Act, that access is inconsistent with public safety or military security needs, or that agriculture would be adversely affected, or

d.

The parcel is too narrow to allow for an adequate vertical access corridor without adversely affecting the privacy of the property owner. This shall mean that the possibility does not exist to site the accessway five feet or more from the residential structure and that the structure cannot be redesigned to accommodate the accessway with the five-foot separation.

8178-6.2 The granting of lateral easements to allow for public access along the shoreline shall be mandatory unless findings are made, consistent with Section 30212 of the Coastal Act, that access is inconsistent with public safety or military security needs, or that agriculture would be adversely affected. In coastal areas where the bluffs exceed five feet in height, all beach seaward of the base of the bluff shall be dedicated for public use. In coastal areas where the bluffs are less than five feet, the area to be dedicated shall be determined by the County. At a minimum, the dedicated easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the dedicated easement be required to be closer than 10 feet to a residential structure. In addition, all fences, "no trespassing" signs and other obstructions that may limit public lateral access shall be removed as a condition of development approval. For new development, including additions seaward of an existing residence, the improvements shall not extend seaward to an extent which does not provide the required ten-foot separation between the high tide lateral access and the improvements, unless there is a protective structure, e.g., a seawall, in which case the separation between the structure and the lateral access may be less than 10 feet.

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

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.2 - Applicability.

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.3 - Types of protected trees.

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

8178-7.3.1 - Trees that contribute to the function and habitat value of an ESHA.

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

(a)

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

(b)

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

(c)

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

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

8178-7.3.2 - Native trees.

a.

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.3.3 - Historic trees.

a.

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

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.3.4 - Heritage trees.

(a)

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

(1)

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

(2)

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

a.

At least sixty (60) feet tall; or

b.

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

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

8178-7.4 - Development standards for protected trees.

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

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

8178-7.4.1 - General standards.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

The removal of a protected tree, or alterations/protected zone encroachments that damage a protected tree, shall be prohibited for accessory uses or structures except for existing, legal structures (see Section 8178-7.6.1). Notwithstanding the foregoing, a heritage tree may be removed for the purpose of constructing an accessory dwelling unit.

(f)

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

(1)

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

(2)

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

(3)

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

(g)

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

(1)

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

(2)

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

(3)

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

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

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

8178-7.4.2 - Tree removal and alteration.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(b)

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

(c)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(d)

Timing.

(1)

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

(2)

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

(e)

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

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

8178-7.4.3 - Determining the tree protected zone.

The tree protected zone is the area that encompasses the above-ground portion of the protected tree as well as the area in which a critical amount of the tree's roots may be found. To avoid damage to a protected tree's roots, the calculation noted in (a) below shall be performed for all protected trees where the tree canopy is within twenty (20) feet of areas proposed to be disturbed, including disturbance associated with fuel modification. The Planning Director may increase the 20-foot distance from disturbed areas where necessary to ensure that protected tree zones are calculated for all protected trees that could potentially be damaged by new development. The tree protected zone calculation shall be based on a surveyed map or site plan of the canopy of each protected tree.

(a)

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

---

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

(2)

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

(3)

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

Example of Tree Protected Zone

---

(Ord. No. 4492, § 6, 6-21-2016)

8178-7.4.4 - Project construction standards.

(a)

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

(b)

For trees with an active raptor nest or colonial breeding sites, which are classified as ESHA, a buffer zone shall be provided during construction that is no less than five hundred (500) feet. For all other active bird nests, the buffer zone shall be no less than three hundred (300) feet. The required buffer zone shall be provided during construction until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. If the required buffer zone cannot be achieved, the maximum setback shall be provided and construction activities that occur within the required buffer zone shall be monitored by a qualified biologist or ornithologist to detect any breeding or nesting behavior. In the event nesting birds are encountered, construction shall be halted in the area of the nest until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. A weekly report shall be submitted to the Planning Division that discloses the findings of the observations conducted for that time period. The buffer zone shall be designated by protective fencing. For other buffer zone requirements for trees classified as ESHA, see Sections 8178-2.4.4.1, 8178-2.6.13, 8178-2.7.6, and 8178-2.6.7.

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

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

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

8178-7.5 - Tree permits.

(a)

A tree permit is required for the alteration, transplantation, or removal of a tree unless exempt from a permit pursuant to Section 8178-