§ 2.7

(1)

Sand removal shall be limited to two (2) coordinated events for all affected properties during each nesting season;* and

(2)

No "take" or disturbance of a threatened or endangered species shall occur, and the U.S. Fish and Wildlife Service or California Dept. of Fish and Wildlife shall be consulted regarding the scheduling of, and required survey or monitoring procedures for, sand removal and redistribution events.

If necessary to protect public safety, sand removal and redistribution activities may occur during a declared public emergency if conducted in accordance with an emergency permit (see Section 8181-3.7).

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

*See Appendix E1, Section AE-1.2.3, for additional information on coastal dune habitats and buffer zones

8178-2.7.1.5 - Beach replenishment.

(a)

Beach replenishment may be allowed pursuant to a valid Coastal Development Permit. Sediment may only be used for beach sand replenishment when it is free of contaminants, of a suitable grain size, color, and type that is compatible with the sand at the placement site, and when demonstrated through testing to be in accordance with federal and state standards.*

(b)

Beach replenishment shall not occur if the process would cause adverse impacts to coastal processes or habitats such as intertidal reefs, grunion spawning grounds, estuaries, marsh, offshore habitats or other interconnected ESHA ecosystems. An exception may be provided for ESHA restoration and establishment projects to create new dune habitats if the project is designed to minimize adverse impacts on beach, intertidal and offshore resources. Beach alteration projects shall be carried out utilizing the best available science that includes, but is not limited to, sea level rise projections, and in consultation with the California Department of Fish and Wildlife and other natural resource agencies.

(c)

For beach replenishment projects, an evaluation shall be provided by the applicant that includes the following information:

(1)

The type of material, method of material placement, time of year of placement, and sensitivity of the placement area;

(2)

Impacts on coastal processes or habitats, including but not limited to the project's effects on adjacent and downstream habitats and structures, net littoral drift, and downcoast beach profiles;

(3)

Characteristics of the receiving area, such as unnourished beach width, adjacent land uses or structures and habitat types, access locations, proximity to coastal streams or river mouths, and historic erosion trends; and

(4)

Measures that will be used to avoid or minimize adverse impacts to biological resources and public access and to monitor/document shoreline changes in the project vicinity.

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

*Standards are established by the Environmental Protection Agency (EPA), U.S. Army Corp of Engineers (USACE), and Regional Water Quality Control Board (RWQCB).

8178-2.7.2 - Coastal bluff habitats.

Development allowed within coastal bluff habitats shall be designed to incorporate best management practices that minimize pollution, runoff, and siltation from developed areas to the coastal bluff habitat.

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

8178-2.7.3 - Wet environments.

All developments adjacent to or within five hundred (500) feet of a wet environment shall be sited and designed to prevent impacts that would degrade those habitats and to ensure that development is compatible with the continuance and viability of such habitats.

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

8178-2.7.3.1 - Wetlands and open water habitats.

New development within five hundred (500) feet of a wetland or other coastal ESHA open water habitat (i.e., estuary, lagoon, or lake) shall not result in the reduction in the size of the wetland or ESHA open water habitat. Such development also shall not adversely impact the ecological function or water quality of such habitats, or obstruct the unimproved reaches of Ventura County water bodies listed on the Clean Water Act 303(d) List that drain into these areas. Measures shall be imposed and utilized to avoid adverse impacts to wetland and open water habitats such as restricting the timing of project implementation to avoid disruption of wildlife breeding and/or nesting activities, and restricting the removal of native vegetation. Restoration projects shall take into account projected sea level rise to allow for the migration of wetlands to the extent feasible.

See related standards in Sections 8178-2.5.1. and 8178-2.10.7.

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

8178-2.7.3.2 - Standards for development in wet environments.

When development is allowed in a wet environment (see Section 8178-2.5), it shall be sited and designed to meet the following standards:

(a)

Publicly Accessible Land. Public/private recreational or commercial areas that are accessible to the public and that contain or are adjacent to a wet environment shall include trash receptacles and pet leashing signs.

(b)

Flood Control. Allowable flood control measures (see Section 8178-2.5.1.1) shall not diminish or change the capacity, percolation rates, or habitat values of the watercourse, and shall be designed to facilitate wildlife movement. "Hard" solutions, such as concrete or rip-rap channels may be permitted only if less intrusive flood control efforts (see subsection (e) below) are technically infeasible.

(c)

Crossing Structures. Alteration of a wet environment for a new crossing structure is prohibited unless there is no feasible, less environmentally damaging alternative to provide access to a public recreation area or legally established development. When such alterations are allowed, the following standards shall be met:

(1)

Bridges shall be constructed for all crossings, except for crossings meeting the requirements of subsection (4) below, and bridge columns shall be located outside stream beds and banks;

(2)

Bridges and or crossing structures shall not impede the movement of fish and other wildlife.

(3)

At stream crossing structures, access for nearby residences shall be combined.

(4)

Culverts may be used for crossings of small, minor drainages where the culvert is designed to allow unrestricted movement of fish or other wildlife and to convey a discharge equal to or less than the 50-year reoccurrence period plus two (2) feet of freeboard.* To mimic the natural hydrology and maintain upstream and downstream conditions, the bottom of the culvert shall be designed to meet the following criteria:

i.

The culvert shall not result in a higher water velocity, shallower water depth, or different drainage elevations than those of the natural watercourse; and

ii.

The bottom of the culvert shall be as wide as possible and installed at least twenty (20) centimeters below the surface of the substrate.

(5)

To minimize the area of a stream crossing, its width shall be the minimum required to meet Ventura County Fire District access requirements.

(d)

Alteration of a River or Stream. When alterations to a river or stream are allowed pursuant to Section 8178-2.5.1.1, the following design measures shall be incorporated:

(1)

Bioengineering methods or "soft solutions" (e.g., biostructures, soil bioengineering, vegetated slopes instead of rip-rap, etc.) shall be utilized when feasible, except when the use of such measures will compromise the facility's capacity or integrity.

(2)

If bioengineering methods are demonstrated to compromise the integrity or capacity of the facility, then other alternatives (e.g., rock rip-rap revetments, vertical retaining walls, or other "hard structures") may be used if the selected method is the least damaging to ESHA. When used, the following measures shall be incorporated to the maximum extent feasible:

i.

Where rock rip-rap revetments are determined necessary, the rock shall cover the smallest area and retain the largest amount of vegetation;

ii.

Grout shall not be applied in rock rip-rap used in energy dissipating devices or revetments within or abutting the watercourse. Rip-rap shall be laid at a low-to-moderate slope and vegetated, incorporating geotextile filter fabric, live willow stakes or other suitable native plantings in the construction design.

(3)

Watercourse alteration projects shall include the restoration of the former bed, its associated vegetation, and adjacent areas impacted by the development (e.g., grading to restore contours, establish or restore riparian vegetation).

(4)

Proposed alterations shall be designed and implemented in a manner that prevents the spread of contaminants and aquatic invasive species (see Section 8178-2.6.13(f)(4) and Appendix E1, Section AE-1.3.2(i)(8));

(5)

Where feasible, rivers and streams shall be restored and fish passage and habitat improved. Restoration methods include the removal of existing concrete linings, removal of fish barriers, and planting native trees or shrubs on stream banks when such plantings do not significantly impede stream flows.

See related water quality standards (Section 8178-2.6.3(d)) and grading standards (Sections 8175-5.17 and 8178-2.6.7).

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

*Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. It compensates for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway condition, thereby reducing flood risk.

8178-2.7.4 - Plant and tree communities.

Trees classified as ESHA, including trees that contribute to the function and habitat value of an ESHA, and trees planted or protected pursuant to a Tree Protection, Planting, and Monitoring Plan or an ESHA Mitigation Plan, are subject to applicable tree protection regulations in Section 8178-7.

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

8178-2.7.4.1 - Oak woodlands/savannah and native tree woodlands.

All development, including roads and driveways, shall be sited and designed to prevent any encroachment into the root zone of trees classified as oak woodlands or native tree woodlands, and an adequate buffer zone shall be provided outside the root zone of such trees to allow for future growth.

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

8178-2.7.4.2 - Native grasslands.

(a)

Where vegetative erosion control is required for development that is within native grasslands, or that abuts or is adjacent to such grasslands, native grassland and forb communities shall be planted with native grass mixes for erosion control.

(b)

Within ESHA grassland areas approved for restoration, a grassland Habitat Restoration Plan within the ESHA Mitigation Plan shall be prepared by a County-approved restoration specialist and accepted by the County before construction begins to help ensure that the project includes proper site selection of restoration areas, salvage of native grassland plants, timing of topsoil stripping, and other measures necessary to the success of a grassland restoration project.

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

8178-2.7.4.3 - Coastal sage scrub and chaparral.

When evaluating proposed development, areas of intact, unfragmented coastal sage scrub and chaparral habitat or native vegetation containing biologically significant patches of coastal sage scrub habitats shall be prioritized for preservation over fragmented or degraded areas of such vegetation. Significant patches of coastal sage scrub habitats would contain intact coastal sage scrub patches, combined with rare species and vegetation or habitat types found elsewhere within the core habitat area.

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

8178-2.7.5 - Habitat connectivity corridors.

The purpose of this Section 8178-2.7.5 is to minimize adverse impacts on identified habitat connectivity corridors.

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

8178-2.7.5.1 - Regional and local corridors.

(a)

Regional Corridor. In the coastal zone, portions of the County's adopted Habitat Connectivity and Wildlife Corridor overlay zone are located along the Ventura River and Santa Clara River floodplain areas.

(b)

Local Corridors. Local habitat connectivity corridors are defined as undeveloped linear wet environments (e.g., streams and elongated estuaries, lagoons, lakes or wetlands) and areas along ridgelines where headwater streams meet between two (2) drainages that function as a habitat connectivity corridor.

See Appendix E1, Section AE-1.2.3(d) for further details.

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

8178-2.7.5.2 - Development standards for local habitat connectivity corridors.

If development is allowed within a local habitat connectivity corridor, it shall be located and designed in accordance with the following standards:

(a)

Except for recreational trails that may traverse a habitat connectivity corridor, development shall be located at the outer edge of the corridor and clustered within an elongated footprint that lies parallel to the corridor.

(b)

The shape, location, and other physical characteristics of the development shall be designed to maximize wildlife movement and avoid the creation of a chokepoint within the habitat connectivity corridor.

(c)

The following measures shall be used to maximize wildlife movement within the habitat connectivity corridor and to maintain functional connectivity between preserved ESHA and a habitat connectivity corridor:

(1)

Road, floodplain, and other infrastructure improvements that may impede wildlife movement shall incorporate measures that include, but are not limited to, fencing to funnel wildlife through the barrier, underpasses or overpasses that accommodate wildlife passage, and vegetation restoration in areas that abut wildlife passage areas.

(2)

Areas with no or little native vegetation within a habitat connectivity corridor shall be targeted for restoration as part of a restoration project and/or as a requirement included in a project's mitigation measures.

(3)

When outdoor garbage storage or pickup areas are located within five hundred (500) feet of a habitat connectivity corridor, then all garbage containers shall be wildlife proof or resistant (i.e., animals cannot open, overturn or remove the garbage) or shall be located in an enclosed area that cannot be accessed by wildlife.

See Sections 8178-2.6.14 through 8178-2.6.16 for fencing, noise, and lighting regulations related to development within habitat connectivity corridors.

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

8178-2.7.6 - Special status species habitats.

Features used as roost sites for special status species shall be protected and preserved. Construction activities, outdoor festivals, outdoor sporting events, and other permitted uses shall not result in the disturbance of special status species, and the habitats of such species, during a critical life stage (e.g., breeding, nesting, denning, roosting). When the use or activity is located within five hundred (500) feet of an ESHA that supports a critical life stage of a special status species, the ESHA shall be protected from disturbance through the following measures:

(a)

Establishment of a buffer zone between ESHA and the disturbance area; and

(b)

Erection of barriers (e.g., fencing), signage, and/or restrictions on allowable activities or hours of operation.

See Sections 8178-2.6.13 and 8178-2.6.7, for wildlife friendly erosion control standards.

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

8178-2.7.7 - Breeding, staging and stopover bird habitats.

During bird breeding and migration seasons, nesting, roosting, and stop over areas used for breeding or migration during one (1) or more of the previous five-year periods (i.e., critical life stage habitats) shall be protected from disturbance associated with development including outdoor festivals and outdoor sporting events, as follows:

(a)

Critical life stage habitats utilized by birds shall be protected during breeding and nesting seasons through measures that include, but are not limited to, access restrictions or setbacks (e.g., temporary fencing of the nesting, roosting or stopover area), noise limits, limits and restrictions on hours of operation.

(b)

A 500-foot buffer zone shall be established for raptor and/or colonial bird nesting, roosting, and staging/stopover sites, and a 300-foot buffer zone shall be established for individual nests for all bird species. An exception may be authorized for the encroachment into the buffer zone if substantial evidence (e.g., a video) is provided in the CISBA or the pre-construction/maintenance bird survey that the encroachment will not disturb birds in the raptor or colonial bird nesting, roosting, and staging/stopover site. Encroachments into the buffer zone shall be justified by and comply with the following:

(1)

The buffer zone encroachment would not cause disturbance or flushing of individual birds or species from the site/nest area. For a threatened or endangered bird species, coordination with and approval from the U.S. Fish and Wildlife Service or California Department of Fish and Wildlife is required.

(2)

Bird surveys shall be conducted by a qualified biologist who, in cases of a threatened or endangered species, shall have demonstrated experience with that species. The bird surveys shall include tests consisting of the following:

i.

Variable approach speeds (slow, medium, high) to nesting area;

ii.

Approach pattern to the site (from north, south, east and west quadrants);

iii.

Seasonal variation in response to timing of disturbance (nesting stage, critical life stage); and

Tests shall be conducted using the same machinery, transportation, and tools that will be utilized for the proposed development, maintenance activity, or temporary outdoor festival/sporting event.

(c)

Habitat used as bird nesting sites, including dead standing trees ("snags"), shall not be removed or altered until birds leave the nesting area, independent of human interference, or until chicks have fledged and left the area and there is no sign of second nesting attempts.

(d)

Trees and habitat composed of large, woody vegetation, including snags used as hunting perches for raptors, shall not be removed or altered except when they pose a serious threat to life or property (see Section 8178-7.5.4) or prevent economically beneficial use of the property (Section 8178-2.5.3).

(e)

To avoid electrocution and line strike hazards for birds, power distribution lines shall be undergrounded wherever feasible.

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

8178-2.7.8 - Monarch butterfly roosting sites.

To protect colonial roosting habitat for the monarch butterfly from disturbance and degradation, development, including outdoor festivals and outdoor sporting events, shall meet the following standards:

(a)

Roost Site Identification. Potential roost habitat for overwintering monarch butterflies, as well as known historical overwintering roost sites occupied by monarch butterflies in one (1) or more years within the previous 20-year period, shall be considered potentially active monarch butterfly roost sites.

(b)

Tree Removal or Alterations. If tree removal or alteration within or adjacent to a monarch butterfly roost site is permitted according to Section 8178-7.4.2(a), the tree alteration or removal shall be conducted as follows:

(1)

Alterations to a tree identified as monarch butterfly habitat must be conducted outside the overwintering season (October through March); and

(2)

Tree alterations intended to improve a monarch butterfly roost habitat must be done in accordance with an approved habitat management plan and under the supervision of a County-approved qualified biologist and arborist.

(c)

Buffers. A minimum 125-foot buffer zone is required for new development from the outermost trees identified as a monarch butterfly roost site, unless larger buffer zones are necessary due to one of the following:

(1)

Microhabitat conditions at the monarch butterfly roost site will be adversely affected by vegetation removal or earth disturbance outside the 125-foot buffer zone; or

(2)

One (1) or more additional monarch butterfly roost sites are located within one thousand (1,000) feet of the project site, and the sites are collectively used throughout the overwintering season.

(d)

Roost Site Mitigation. If the removal or alteration of an unoccupied but known historical monarch butterfly roost site is unavoidable due to development authorized pursuant to Section 8178-2.5 or Section 8178-7.4.2, the conditions of approval for the project shall include a requirement for the establishment or restoration of an equivalent monarch butterfly roost habitat. (See Section 8178-2.10.7 for additional mitigation requirements.)

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

8178-2.7.9 - Marine mammal rookery and hauling ground habitats.

To preserve occupied marine mammal rookery and hauling ground habitats, development, including outdoor festivals and outdoor sporting events, shall be sited and designed to meet the following standards:

(a)

Recreational Uses. Recreational uses proposed near or within occupied marine mammal hauling grounds shall be located at least five hundred (500) feet from the rookery or hauling ground habitat, and trails or observation sites shall include fences, signage, and other barriers that maintain a minimum 300-foot buffer zone from such habitats.

(b)

Seasonal Requirements. Marine mammal rookeries shall not be altered or disturbed during times of the year when such areas are in use for reproductive activities such as mating, pupping, and pup care, as shown in the table below:

Marine Mammal: Seasonal Limitation:

Harbor seals: February through April

Northern Elephant seals Mid-December through February

Sea Lions and fur seals May through September

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

8178-2.8 - Pesticides and pest management in the coastal zone.

(a)

Second-Generation Anticoagulant Rodenticides. Except to the extent that more protective LCP policies and regulations apply, the use of second-generation anticoagulant rodenticides shall be prohibited as set forth in Food and Agricultural Code Section 12978.7.

(b)

Mosquitofish Use. The use of mosquitofish is prohibited in ESHA wet environments. Mosquito abatement activities shall be limited to those necessary to protect public health, that are specific to the eradication of mosquito larvae, and that do not result in adverse significant effects on non-target species (e.g., fish, frogs, turtles, birds, or other insects or invertebrates).

(c)

Use of Pesticides by County Agencies, Departments and Their Contractors. The following standards apply to County agencies, departments, and their contractors for development and repair/maintenance activities requiring a Coastal Development Permit on County owned or maintained facilities:

(1)

Whenever feasible, an integrated pest management plan shall be used to control unwanted rodents or other pests and minimize the use of pesticides, including insecticides, herbicides, rodenticides, or any other similar toxic chemical substances. New public infrastructure shall be designed with rodent-resistant construction materials.

(2)

The use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances that have the potential to significantly degrade ESHA or coastal water quality or harm wildlife, is prohibited for development and repair/maintenance activities requiring a Coastal Development Permit, except where it has been determined that non-chemical methods are infeasible and pesticides are necessary under the following circumstances: i) to protect or enhance the habitat itself; or ii) vegetation maintenance activities such as the eradication of invasive or invasive watch-list plant species; or iii) habitat restoration. Deviations from this standard are allowed only if the Coastal Development Permit includes an integrated pest management plan that is compliant with subsection (i) and (ii) below and there is no feasible alternative that would result in fewer adverse effects to ESHA, coastal water quality, or wildlife. When the application of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances that significantly degrade ESHA, coastal water quality, or harm wildlife are allowed, the substances, shall be applied in the following manner:

i.

Upon request of the Planning Director, the applicant or permittee must submit a clear rationale as to why non-chemical control method(s) are not feasible relative to the chemical methods selected. Factors to be considered by the decision maker in determining whether to grant the request for use of a pesticide may include, but are not limited to, the following:

Overall damage to the environment from the treatment;

Likelihood of the treatment's success;

Effectiveness of the treatment relative to the biology of the plant/pest; and

Other factors associated with the overall project such as the scale of the project, project location, the long-term cost effectiveness of the treatment, and safety.

ii.

The pesticide shall be applied in the following manner:

Application is restricted to the least-toxic product and, to the maximum extent feasible, shall be biodegradable, time-limited, and derived from natural sources.

The method used to apply the substance(s) shall minimize the potential for introduction of the pesticide into the aquatic environment or onto adjacent, non-targeted vegetation.

The pesticide(s) is/are used in accordance with label requirements and applicable regulations or guidelines from the California Department of Agriculture and California Department of Pest Regulation.

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

8178-2.9 - Land divisions and ESHA preservation incentives. 8178-2.9.1 - General requirements.

The following requirements apply to Coastal Development Permits authorizing any land division proposed on one (1) or more legal lots that contain ESHA or buffer zone, except where the lot is dedicated to open space preservation. The Coastal Development Permit application shall not be approved unless the County decision-making authority makes findings, supported by substantial evidence, that the proposed land division meets all requirements of this Section 8178-2.9 as well as the additional requirements for land divisions in Section 8178-2.9.2 or lot line adjustments in Section 8178-2.9.3, as applicable.

(a)

Applications for proposed land divisions shall describe and designate the locations of all development on all resulting lots, including the following:(1) building site; (2) access road and/or driveway; (3) necessary service infrastructure (e.g., septic system, water supply); (4) on- or off-site grading; and (5) on- or off-site fuel modification zones.

(b)

The requested Coastal Development Permit shall be evaluated to ensure that any new or reconfigured lots will allow future development that is consistent with the ESHA policies, standards, and provisions of the LCP. All proposed building sites, access roads, water/wastewater systems, and fuel modification zones shall meet the policies/standards provided by the LCP (see Section 8178-2.6). For example, the building sites shall be clustered near existing or proposed development, near existing services, and configured to maximize the use of overlapping fuel modification zones. Where potential development cannot occur consistent with the LCP, the requested Coastal Development Permit shall be denied.

(c)

All lots proposed for residential use must constitute a buildable lot (see Section 8178-2.6.3(f)).

(d)

If any provision of this Section 8178-2.9 conflicts with a County regulation or requirement pertaining to land divisions that is not included in the LCP (e.g., a regulation or requirement in the County's Subdivision Ordinance), then the provision of this Section shall take precedence.

(e)

A Coastal Development Permit authorizing a land division shall include conditions of approval that restrict development to an approved development envelope. Outside the development envelope, future development shall be prohibited within any onsite ESHA(s), buffer zone(s), and/or areas with slopes over thirty (30) percent gradient. Notwithstanding the foregoing areas subject to such development restrictions shall be permanently maintained in their natural state except as otherwise provided in Section AE-2.2.1 through recordation of a conservation easement or conservation instrument.

(f)

With respect to land divisions other than lot line adjustments, all conservation instruments, conservation easements, offers of dedication, conditions of approval, and similar legal instruments protecting public access routes, ESHA and buffer zones, steep slopes, and other areas shall be shown on the tract map or parcel map and recorded no later than final map recordation.

The standards in this Section 8178-2.9 do not apply to a lot within a land division that is proposed solely for the purpose of dedicating or restricting its uses to conservation and/or open space, provided the lot is preserved in perpetuity pursuant to a conservation easement or donated fee-simple to a conservation organization.

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

8178-2.9.2 - Requirements for land divisions in ESHA or buffer zone.

In addition to the requirements of Section 8178-2.9.1 above, a Coastal Development Permit authorizing a land division, other than a lot line adjustment (see Section 8178-2.9.3 below), shall only be approved for a lot that contains ESHA or buffer zone if, based on substantial evidence, the land division will not result in new, adverse impacts to ESHA or buffer zone and meets the following standards:

(a)

The land division does not result in a new building site located on a beach.

(b)

Each proposed new lot is equal to or greater than the minimum lot size required by the subject zone and the slope density formula (Section 8175-2(c)) and is no smaller than the average size of surrounding parcels (see Coastal Act Section 30250 and Appendix E1, AE-1.3.2(c)).

(c)

When the subject lot is in the Santa Monica Mountains (M) overlay zone, and it abuts a public park or a lot permanently protected by a conservation easement, then all lots proposed to be created that abut such areas shall include a 300-foot setback along the boundary of the abutting public park or the land that is permanently protected from development. See Section 8177-4.1.6 for development setback requirements to park lands.

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

8178-2.9.3 - Requirements for lot line adjustments in ESHA or buffer zone.

In addition to the requirements in Section 8178-2.9.1 above, a Coastal Development Permit application authorizing a lot line adjustment for one (1) or more lots that contain ESHA or buffer zone may only be approved if, based on substantial evidence, the land division meets the following requirements:

(a)

When compared to the original lot configuration, the resulting lots shall not result in one (1) or more of the following:

(1)

Increased impacts to ESHA or buffer zones or increased loss of high-value habitat (e.g., wetland, riparian areas), including impacts that may subsequently be allowed on a resulting lot pursuant to Section 8178-2.5.3.

(2)

Increased alteration of natural landforms.

(3)

A new, buildable lot for residential use in the zone (see Section 8178-2.6.3(f)).

(4)

Increased subsequent land division potential of a resulting lot, except when such a lot is established as a permanently preserved open space lot.

(b)

All lots included in the proposed lot line adjustment must be legal lots, except where the lot line adjustment is proposed for the sole purpose of combining two (2) or more parcels as a means of reversing a purported but illegal division of property.

(c)

If a lot line adjustment is approved, the applicant shall be required to record County-approved deeds or records of survey containing the descriptions of all resulting parcels as they will exist after the lot line adjustment.

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

8178-2.9.4 - ESHA preservation incentive (Santa Monica Mountains).

This Section 8178-2.9.4 provides a voluntary incentive for the retirement of development rights on existing legal lots that contain ESHA in the Santa Monica Mountains (M) overlay zone. The purpose of the incentive is to encourage the preservation of large areas of

unfragmented ESHA that are connected to a protected core habitat ESHA or open space area by intact native vegetation.

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

8178-2.9.4.1 - Expansion of building site.

The maximum allowable building site for development in ESHA or buffer zone may be increased from ten thousand (10,000) square feet to fifteen thousand (15,000) square feet for a legal lot that meets the minimum lot size requirements of the LCP if the applicant voluntarily accomplishes one (1) of the following through a Coastal Development Permit:

(a)

Merges the lot upon which the proposed building site is located with an abutting legal lot or lots containing at least three (3) acres of undeveloped land and meeting the standards for an off-site preservation lot stated in Section 8178-2.10.5(b). All areas of the resulting lot outside of the building site and mandatory fuel modification zone must be 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-2.2.1; or

(b)

Permanently retires the development rights for a non-abutting legal lot or lots which must be undeveloped, consist of at least three (3) acres, and meet the standards for an off-site preservation lot stated in Section 8178-2.10.5(b). The off-site lot(s) must be preserved in perpetuity with a conservation easement or through encumbrance with an open space deed restriction and subsequent conveyance of the entire lot in fee title to a County-approved natural resource agency or conservation organization (see Appendix E2, Section AE- 2.2).

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

8178-2.9.4.2 - Required finding for ESHA preservation incentive.

A Coastal Development Permit may only be granted pursuant to the ESHA preservation incentive in this Section 8178-2.9.4 if the County's decision-making authority finds that the proposed land division will result in: (1) the preservation of large areas of unfragmented ESHA; and (2) proposed or potential development with reduced impacts to ESHA and/or high value habitat when compared to the development that could legally occur without use of the ESHA preservation incentive.

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

8178-2.10 - Compensatory mitigation for ESHA.

All compensatory mitigation for impacts to ESHA shall meet the standards of this Section 8178-2.10.

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

8178-2.10.1 - General requirements.

(a)

Removal/Degradation of ESHA. Mitigation that is proportional to the impact is required for all adverse direct and indirect impacts to ESHA. The level of compensatory mitigation is specified by the ratios in Section 8178-2.10.6. Compensatory mitigation shall be subject to the following standards:

(1)

Permitted Impacts: Compensatory mitigation is required when there is no feasible project siting or design alternative that can avoid all adverse direct or indirect impacts to ESHA (see Section 8178-2.6.1) and the project is determined to be the least environmentally damaging alternative. The applicant shall be responsible for providing compensatory mitigation.

(2)

Unpermitted Impacts: Compensatory mitigation is required for unauthorized development that causes direct or indirect impacts to ESHA. In such cases, compensatory mitigation shall be provided through the following:

i.

The impacted area shall be restored on-site unless all, or a portion of, the impacted ESHA area is within the approved development envelope of the least environmentally damaging alternative. In such cases, compensatory mitigation for the area included in the development envelope may be accomplished through on-site or off-site mitigation. The remaining amount of required compensatory mitigation shall occur on-site unless: an insufficient supply of suitable land is available for the on-site restoration, enhancement, or establishment of ESHA. An "insufficient supply of suitable land" occurs when: (a) no on-site ESHA is in need of restoration or enhancement; (b) no on-site areas contain the environmental conditions to support an in-kind habitat; or (c) the area is isolated from protected core habitats. In such cases, an equivalent area of ecologically functional ESHA shall be restored or established off-site.

ii.

Additional on-site or off-site mitigation shall be provided in accordance with the baseline mitigation ratios in Section 8178-2.10.6.

(3)

Temporary Construction Impacts. Habitat restoration of the impacted area is required for temporary impacts to an ESHA or buffer zone that occur due to construction activities authorized by a Coastal Development Permit.

(b)

In-Kind Habitats. Compensatory mitigation shall be limited to in-kind habitat. 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 that agency's jurisdiction, then County staff shall consult with the responsible agency prior to the County's approval of the compensatory mitigation for the development project.

(c)

Preservation of Compensatory Mitigation Sites. All areas subject to compensatory mitigation conducted by the applicant (Section 8178-2.10.8) shall be preserved in perpetuity for conservation and/or open space purposes through one of the following measures:

(1)

Encumbrance with an open space deed restriction and subsequent conveyance of the lot in fee title to a natural resource agency or County-approved conservation organization for ownership.

(2)

Encumbrance with a conservation easement conveyed to a County-approved natural resource agency or conservation organization.

(3)

If a County-approved natural resource agency or conservation organization cannot be identified that will accept conveyance of a conservation easement for a small, on-site area of a lot for preservation, a conservation instrument may be used instead to restrict future development of the area.

Also, see Appendix E2, Section AE-2.4 for additional requirements and information.

(d)

ESHA Mitigation Plan.

(1)

To increase the potential for the success and long-term sustainability of ESHA mitigation, an ESHA Mitigation Plan is required for all compensatory mitigation (see Section 8178-2.10.9).

(2)

If a mitigation area is impacted by a natural disaster and the installation or monitoring goals have not been achieved according to the approved ESHA Mitigation Plan, the plan shall be amended to reflect conditions after the natural disaster and the appropriate restoration approach needed to meet pre-impact compensatory mitigation requirements.

(e)

Reduced County In-Lieu Fee for Coastal Sage Scrub and Chaparral ESHA. Coastal Sage Scrub and Chaparral ESHA retained within an expanded fuel modification zone in accordance with the standards in Appendix E1, AE-2.5 - Expanded Fuel Modification Zone Thinning Standards, may qualify for a reduced mitigation fee using the Ventura County In-Lieu Fee Program (see Section 8178- 2.10.8(d)). All remaining ESHA or buffer zone within this expanded fuel modification zone shall be protected and maintained by the property owner for the life of the permitted development in accordance with an ESHA Vegetation Management Plan (Appendix E1, AE-