2.4 - ESHA Vegetation Management Plan).

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

8178-2.10.2 - Types of impacts compensated.

Compensatory mitigation for direct and indirect adverse impacts to ESHA shall include compensation for the type of impacted habitat, temporal and permanent losses to the services provided by the ecosystem function of the habitat, and the uncertainty associated with whether the mitigation will be fully, successfully completed. These factors are incorporated into the baseline mitigation ratios, and the adjustments to those ratios, shown in Section 8178-2.10.6.

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

8178-2.10.3 - Types of compensatory mitigation.

Compensatory mitigation measures shall include the restoration, preservation, establishment, or enhancement of ESHA as follows:

(a)

Preservation. Existing, off-site ESHA is preserved and managed in perpetuity. The preservation of on-site ESHA cannot be used as compensatory mitigation.

(b)

Restoration. Existing, degraded ESHA that has the capacity to be ecologically functional and is actively restored to its historic natural state. ESHA may be restored either on- or off-site.

(c)

Enhancement. Existing, degraded ESHA that has the capacity to improve specific ecological functions or services (e.g., water quality improvement, flood water retention, wildlife habitat improvement, habitat connectivity corridor improvement). ESHA may be enhanced either on- or off-site. Passive restoration may be utilized as one component of an ESHA Mitigation Plan if it meets the criteria in Section 8178-2.10.5(a).

(d)

Establishment. The creation of ecologically functional ESHA where it did not previously exist. ESHA may be established either on- or off-site. ESHA establishment may only be used under the following circumstances: (i) restoration opportunities are not feasible; (ii) the establishment project has a high probability of success and would improve the overall function of the ESHA ecosystem;and (iii) the establishment project will not result in the conversion of ESHA types.

A specific type of compensatory mitigation may be required for unpermitted impacts (see Section 8178-2.10.1) and impacts to specific coastal habitats (see Section 8178-2.10.7). Restoration or establishment is required for impacts to wet environments, and other habitat types regulated by federal or state natural resources agencies.

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

8178-2.10.4 - Location of compensatory mitigation sites.

(a)

On-Site Versus Off-Site Mitigation.

(1)

Either on- or off-site mitigation may be used for impacts to coastal sage scrub and chaparral;

(2)

On-site mitigation must be used for impacts to a wet environment habitat or for oak woodland/savannah and native woodland habitat unless: (i) on-site restoration, establishment, or enhancement is infeasible due to an insufficient supply of suitable land. An "insufficient supply of suitable land" occurs when: (a) no on-site ESHA is in need of restoration or enhancement; or (b) no on-site areas contain the necessary environmental conditions to support an in-kind habitat; or (ii) off-site restoration, establishment, or enhancement is provided through an available federal/state mitigation bank or in-lieu fee program (see Section 8178-2.10.8).

(3)

For other habitat types, on-site mitigation is preferred but off-site mitigation may be authorized if the off-site mitigation area meets all of the standards in Section 8178-2.10.4 and Section 8178-2.10.5, and one (1) of the following circumstances applies: (i) on-site restoration, establishment, or enhancement is infeasible due to an insufficient supply of suitable land; or (ii) the off-site habitat is a higher-quality habitat (i.e., higher percentage of pristine/intact habitat, better connectivity to large blocks of habitat, more suitable soils or microclimate, or fewer invasive or invasive watch list plant species); or (iii) the off-site mitigation site was prioritized for conservation through an available, County-approved regional conservation plan.

(b)

Off-Site Mitigation.

(1)

Permittee. Off-site compensatory mitigation area must be located within the Ventura County coastal zone. If a property is bisected by the coastal zone boundary, up to fifty (50) percent of the area may be located outside of the coastal zone. Off-site mitigation sites shall be selected based on proximity to the impacted ESHA ecosystem, in the following order of priority:

Priority 1 — The site is in the same sub-watershed (defined as U.S. Geological Survey's 12-digit hydrological unit code (HUC or higher, when available) as the impacted area.

Priority 2 — The site is in the same biogeographic region as the impacted area.

Priority 3 — The site is in the same watershed as the impacted area.

If no suitable site is available within the coastal zone, then a site in Ventura County that is located outside the coastal zone may be selected if the area is located in a regional habitat connectivity and wildlife corridor in Ventura County (i.e., Santa Monica—Sierra Madre Linkage, Ventura River Linkage, Santa Clara River Linkage) and is located in the same biogeographic region as the impacted site. Preference also may be given to an off-site area that adjoins public parkland or protected native habitat (i.e., land protected by a conservation easement or owned/managed by a natural resource agency).

(2)

Federal or State Program. Off-site mitigation areas conserved with funding from an available federal or state mitigation bank or in-lieu fee program shall be in the coastal zone of Ventura County, Los Angeles County or Santa Barbara County.

(3)

County-Administered In-Lieu Fee Program. Off-site mitigation areas conserved with funding from the County's in-lieu fee program shall be located in the Santa Monica Mountains and selected in the following order of priority:

Priority 1 — Ventura County coastal zone (up to fifty (50) percent of the area may be outside the coastal zone if a property is bisected by the coastal zone boundary).

Priority 2 — Santa Monica/Sierra Madre Linkage habitat connectivity and wildlife corridor in the Santa Monica Mountains' biogeographic region in Ventura County.

Priority 3 — Coastal zone of Los Angeles County. Priority 3 areas shall not be used unless no Priority 1 or Priority 2 site are available and, if a Priority 3 areas is used to mitigate, it shall be the closest available areas to Ventura County.

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

8178-2.10.5 - Environmental standards for mitigation sites.

Compensatory mitigation sites shall contain ESHA or habitats that can be successfully used for the selected type of ESHA mitigation. Compensatory mitigation sites shall exhibit ecological characteristics such as habitat quality and connectivity to larger intact ESHA. Sites used for specific types of compensatory mitigation shall meet the following standards:

(a)

Land Used for Restoration, Enhancement, or Establishment. On-site or off-site mitigation sites used for ESHA restoration, establishment or enhancement must contain suitable environmental conditions (e.g., hydrology, soil type, compatible adjacent land uses, functional connectivity) to support the proposed type of mitigation. Such sites must be connected to other habitat areas required for species survival. (See Section 8178-2.10.7 for specific requirements for wet environments, dunes, oak woodland/savannah, native woodland habitats, and monarch butterfly overwintering sites.) If passive restoration is proposed as a component of ESHA enhancement, then it must be supplemented with other enhancement activities that address the level of ESHA degradation at the mitigation site (e.g., soil conditions, amount of invasive or invasive watch list plant species, lack of native seed bank) and the resilience of the ESHA ecosystem. Enhancement methods may include non-native and invasive species removal, temporary irrigation and supplementary native planting and seeding.

(b)

Lots Used for Off-Site Preservation. Off-site mitigation lots used for ESHA preservation must be undeveloped, legal lots that are used solely to implement compensatory mitigation. Such off-site mitigation lots must meet all the following standards:

(1)

Environmental Resources. All off-site mitigation sites used for ESHA preservation shall contain the following environmental resources:

i.

At least 90 percent of the lot shall be ecologically functioning ESHA and/or an ESHA wet environment buffer zone; or

ii.

At least fifty (50) percent of the lot shall be ecologically functioning ESHA and/or ESHA wet environment buffer zone plus one (1) of the following: (1) an identified habitat connectivity corridor; (2) a wet environment, rock outcrops, dunes, or U.S. Fish and Wildlife Service (USFWS)-designated critical habitat ESHA; or (3) a lot is located within an acquisition area designated for conservation through a policy or planning document adopted by a federal, state, or County natural resource agency or a County-approved conservation organization.

(2)

Connectivity. The lot shall not be isolated by development or other physical factors that would limit the movement of species to larger protected core ESHA areas. Specifically, the lot must be connected to a protected core ESHA or open space area by an intact native vegetation area that is at least four hundred (400) feet wide and less than five hundred (500) feet long. Wildlife must be able to move from the subject lot to core ESHA without encountering a major barrier (e.g., high-traffic road without wildlife-safe crossings, large facilities, etc.). An exception to this requirement may be allowed if the lot contains one (1) of the following:

i.

A sensitive biological resource that can persist in isolation (e.g., narrow endemic species or unique habitats such as vernal pools); or

ii.

A habitat that functions as a stepping stone for special status species between protected core areas.

(3)

Preservation and Management. The lot shall be preserved and managed in perpetuity for habitat conservation and open space purposes through one of the legal instruments identified in Section 8178-2.10.1(c) and in compliance with a County-approved ESHA Mitigation Plan (see Section 8178-2.10.9(a)).

See Section 8178-2.10.8, for information on how off-site mitigation sites are used for compensatory mitigation.

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

8178-2.10.6 - Compensatory mitigation ratios.

(a)

Baseline Mitigation Ratios. Baseline ESHA mitigation ratios are based on the type of ESHA being removed or degraded:

•

2:1 Baseline Ratio: Coastal sage scrub or chaparral, except when occupied by federal or state endangered or threatened species.

•

4:1 Baseline Ratio: Wetland, estuary, lagoon, or lakes.

•

3:1 Baseline Ratio: All other ESHA types, including wet environments not listed above, and habitat occupied by federal or state endangered or threatened species.

Baseline mitigation ratios shall be used as the foundation for compensatory mitigation requirements for impacts to ESHA. These ratios capture the types of impacts to the ESHA ecosystem, identified in Section 8178-2.10.2, such as expected temporal losses and the uncertainties associated with mitigation success. Adjustments to the Baseline Mitigation Ratios may be made to reflect the factors listed in subsection (b) below.

(b)

Adjustments to Mitigation Ratios. The baseline mitigation ratios, or mitigation requirements that result from such ratios, may be adjusted based on the following:

(1)

Early Mitigation. Baseline mitigation ratios will be reduced to 1:1 when an approved in-kind ESHA restoration or establishment project, including required monitoring, is successfully completed before impacts occur to ESHA due to the subject project's development.* Portions of the compensatory mitigation project not successfully completed before impacts occur are not eligible for this mitigation ratio reduction. To obtain this reduced mitigation ratio, the applicant must demonstrate that the ESHA restoration or establishment project meets the performance criteria associated with the project's ESHA Mitigation Plan (see Section 8178-2.10.9, Appendix E2). The early mitigation adjustment is not available for unpermitted impacts to ESHA, mitigation properties located outside the coastal zone, or if a proposed development project could impact biological resources under the jurisdiction of a federal or state natural resource agency.

(2)

Federal or State Jurisdiction. If an applicant must obtain a permit or approval from a federal or state natural resource agency based on the proposed development project's potential impact to a species or habitat under the agency's jurisdiction, County staff shall consult with the responsible agency prior to setting the mitigation ratio, in which the mitigation ratio may be increased.

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

*This adjustment also applies to the purchase of restoration/establishment credits from a mitigation bank or a County-approved conservation organization (see Section 8178-2.10.9).

8178-2.10.7 - Compensatory mitigation for specialized habitats.

This Section states additional compensatory mitigation requirements for wet environments, monarch butterfly overwintering sites, special status species roosting or breeding sites, and coastal dunes. See Section 8178-2.10.6 for required mitigation ratios for all specialized coastal habitats.

(a)

Wetlands. Habitat restoration or establishment is required as compensatory mitigation for impacts to wetlands. Additionally, when any dike or fill development is permitted in wetlands, in conformity with Section 30233 or other applicable policies of the Coastal Act,

additional mitigation measures shall, at a minimum, include the following:

(1)

The acquisition of equivalent areas of equal or greater biological productivity or the opening of equivalent areas to tidal action, provided that no appropriate restoration site is available; or

(2)

Development permitted in wetlands and other coastal waters is also subject to specific mitigation listed in 30607.1 of the Coastal Act. Additionally, other reasonable measures will also be required, as determined by the County, to carry out the provisions of Sections 30233, subdivisions b., c., and d., and 30253, subdivision b., of the Coastal Act (e.g., project timing, financial responsibilities (see Section 8178-2.10.9), and suitable mitigation sites).

(b)

Wet Environments Other Than Wetlands. Habitat restoration or establishment is required as compensatory mitigation for impacts to other wet environments, excluding wetlands. Mitigation measures for wet environments also under the jurisdiction of the California Department of Fish and Wildlife or U.S. Army Corps of Engineers shall be established by the County after consultation with the responsible agency(ies). However, compensatory mitigation ratios shall be no less than the baseline mitigation ratios required by this LCP.

(c)

Oak Woodland/Savannah and Native Woodland Habitats. Habitat restoration, enhancement or preservation is required as compensatory mitigation for impacts to oak woodland/savannah or native woodland habitat. When on-site mitigation for adverse impacts to ESHA woodlands and savannah is infeasible because on-site conditions (i.e., lack of suitable, available habitat) do not allow for the restoration, enhancement, or establishment of an ecologically functioning ESHA, an off-site mitigation site shall be selected that contains one (1) or more of the following:

(1)

Oak and native woodland habitats with large trees, dense canopies, and diverse age structure;

(2)

Oak woodland/savannah with opportunities to enhance or restore grassland or oak woodland communities;

(3)

Habitat that supports the restoration or enhancement of like-species trees; or

(4)

Habitat with like-species trees within a regional or local habitat connectivity corridor.

See Section 8178-7.6.1 for mitigation requirements for trees that constitute ESHA.

(d)

Monarch Butterfly Roosts. The conditions of approval of a Coastal Development Permit for development impacting monarch butterfly overwintering habitat shall require the permittee to provide, for the County's review and approval, a management plan for the preservation of the existing roost site and/or the restoration or enhancement of an historical roost site that is prepared by a qualified biologist.

(e)

Coastal Dunes. Off-site dune habitat mitigation may include the establishment, restoration, enhancement and protection of dune and dune/wetland habitats near McGrath Lake, Hollywood Beach, or Ormond Beach.

(f)

Bat Roost Replacements. When compensatory mitigation includes the replacement of an existing bat roost or breeding habitat, bat boxes shall not be used as a like-for-like replacement for existing bat roosts.

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

8178-2.10.8 - Implementation options for compensatory mitigation.

Compensatory mitigation measures shall be implemented pursuant to a County-approved ESHA Mitigation Plan (Section 8178- 2.10.9), through one (1) or more of the following means:

(a)

The applicant is responsible for the completion of compensatory mitigation through one (1) or more of the following:

(1)

When compensatory mitigation includes off-site ESHA preservation, the applicant may implement the mitigation requirement through the purchase of an off-site mitigation lot.

(2)

When compensatory mitigation includes on-site or off-site ESHA restoration, enhancement or establishment, the applicant must hire a restoration specialist to complete the ESHA Mitigation Plan (see Section 8178-2.10.9). Off-site mitigation areas shall be encumbered with a conservation easement or owned and managed by a natural resource agency or County-approved conservation organization.

(3)

When an approved mitigation bank (see subsection (b)) or available in-lieu fee program (see subsection (d)) accepts payment from an applicant, the responsibility for completion of the mitigation requirements resides with the mitigation bank or in-lieu fee program.

(b)

Mitigation Bank. A mitigation bank must meet the requirements of Section 8178-2.10.4(b)(2) and provide adequate mitigation of the impacted resource by the relevant federal or state natural resource agency or conservation organization (i.e., Conservation Bank - U.S. Fish and Wildlife; Mitigation Bank - California Department of Fish and Wildlife, U.S. Army Corp of Engineers, U.S. Environmental Protection Agency). Through a payment to such a bank, the permittee transfers its responsibility for implementation of the required compensatory mitigation to the mitigation bank.

(c)

Federal or State In-Lieu Fee Programs. If available, an alternate, Coastal Commission approved in-lieu fee program(s) operated or managed by one (1) or more natural resource agencies (e.g., US Fish and Wildlife, California Department of Fish and Wildlife, U.S. Army Corp of Engineers, Coastal Conservancy) could be used to satisfy compensatory mitigation requirements for impacts to wetlands, wetland buffer zones, dune habitats or other specific coastal ESHA.

(d)

Ventura County In-Lieu Fee Program. The County's in-lieu fee program allows a permittee to substitute payment of a fee to the County's Coastal Habitat Impact Fund to meet compensatory mitigation requirements for impacts to ESHA through the off-site preservation of in-kind ESHA. This program will be established as follows:

(1)

Objective. Provide adequate compensatory mitigation for the loss of coastal sage scrub and chaparral plant communities in the Santa Monica Mountains (M) overlay zone in a manner that allows the County to target successful conservation efforts while providing permittees with a simple mechanism to accomplish mitigation.

(2)

Types of Impacts. Impacts to coastal sage scrub and chaparral in the Santa Monica Mountains that meet the definition of ESHA pursuant to Section 8178-2.4.1(d).

(3)

Type of Compensatory Mitigation. In-lieu fees will be used to acquire, preserve, monitor and manage land that contains coastal sage scrub and chaparral habitat.

(4)

Mitigation Area. Mitigation sites shall be in the Santa Monica Mountains and meet the locational criteria in Section 8178-2.10.4(b)(3).

(5)

Environmental Standards. Mitigation sites preserved through the in-lieu fee program shall meet the environmental/preservation standards in Section 8178-2.10.5(b) and all such sites shall be preserved in perpetuity.

(6)

Ownership and Long-Term Management Strategy and Sponsors. Compensatory mitigation (i.e., land acquisition, preservation and management) shall be conducted by a County-approved conservation organization or natural resource agency. Available funds will be transferred to the contracted organization/agency when the County is notified that an off-site mitigation property is available for purchase.

(7)

Compensation Planning Framework. A framework will be established for the selection and acquisition of conservation properties based on the criteria in Section 8178-2.10.4(b)(3) and the service area's needs, opportunities, and preservation challenges.

(8)

Timing of Compensatory Mitigation. Whenever feasible*, land acquisition shall be conducted within three (3) years of the receipt of fees in the Coastal Habitat Impact Fund. Fees will be paid prior to a Zoning Clearance.

(9)

Program Administration. Administrative and reporting protocols, accounting and implementation procedures, records, agreements between County and the County-approved conservation organization or natural resource agency, assumption of responsibilities, default and closure provisions, and other administrative components of the in-lieu fee program shall be established and maintained by the RMA/Planning Division. See Coastal Area Plan, ESHA Program #5, for information on program administration.

(10)

Amount of In-Lieu Fee. The fee shall be calculated on a per-acre basis for each acre, or portion thereof, required as compensatory mitigation for impacts to CSS/chaparral(see mitigation ratios, Section 8178-2.10.6). The in-lieu fee shall be determined as follows:

i.

Interim In-Lieu Fee. For a six-year period following certification of the LCP amendments for ESHA, an in-lieu fee of twenty-nine thousand one hundred seventy dollars ($29,170.00) per acre (which shall be adjusted annually for inflation) shall be used for each acre of land, or a portion thereof, required as compensatory mitigation. An interim in-lieu fee of seven thousand three hundred forty dollars ($7,340.00) per acre (which shall be adjusted annually for inflation) shall be used for each of acre of land, or a portion thereof, required as compensatory mitigation when ESHA is thinned within an expanded fuel modification zone that exceeds one hundred (100) feet pursuant to Section 8178-2.10.1(e). After the six-year period, the County-administered interim in-lieu fee program will expire unless a permanent in-lieu fee program is certified by the California Coastal Commission, although the Executive Director of the Coastal Commission may extend this expiration date if additional time is needed for submittal or Commission consideration of a complete Ventura County LCP amendment application. After expiration of the interim fee, no coastal development permits may utilize the in-lieu fee program until the amount of the permanent in-lieu fee and corresponding administrative procedures are incorporated into this LCP through an LCP amendment that is certified by the Coastal Commission. See Coastal Area Plan, ESHA Program 5, for administrative details associated with the interim in-lieu fee.

ii.

Permanent In-Lieu Fee. The interim in-lieu fee will be replaced after six (6) years by a permanent in-lieu fee once it is certified by the Coastal Commission (see Coastal Area Plan, ESHA Program 5). The proposed permanent fee and all associated LCP amendments shall be submitted to the Coastal Commission for certification. Once a permanent in-lieu fee is certified, it will be adjusted annually for inflation.

See Coastal Area Plan, Section 4.1.3, ESHA Program 5.

*Land acquisition within the established period may not be feasible if: (a) funds are insufficient to purchase available lots, or (b) no lots are available that meet the County's standards for off-site mitigation sites.

Figure 8178-2.10—Illustrative Diagram of Compensatory Mitigation Requirements

Step 1 Calculate Acres of Impacts (Permitted, Unpermitted) 1. Identify the type of impacted habitat. 2. Identify whether impact was permitted or unpermitted.

⇓

Step 2 Calculate acres of required compensatory mitigation:

1. Apply baseline mitigation ratio (Section 8178-2.10.6(a)) to each type of impacted habitat. 2. If applicable, adjust ratio(s) according to Section 8178-2.10.6(b). 3. If a additional permit or approval is required from natural resource agency with jurisdiction over impacted species or habitat, consult with responsible agency before finalizing compensatory mitigation requirements.

⇓

Step 3 Select type/location of mitigation:

1. Identify amount of required, on-site restoration for unpermitted impacts. If all or part of the impacted area is within the approved development envelope, subtract that area from the on-site restoration requirement and add to the off-site requirement (see Section 8178-2.10.1(a)(2)). 2. See Section 8178-2.10.3 and Section 8178-2.10.7 for information on specific types of mitigation required for impacts to a wet environment or other habitat types regulated by a federal/state natural resource agency. See Section 8178-2.10.4 and Section 8178-