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

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

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

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

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

(a)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

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

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

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

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

(a)

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

(1)

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

i.

The site-specific map shall be adequate to determine all potentially adverse direct, indirect and cumulative impacts to ESHA resources and confirm that the proposed project is the least environmentally damaging alternative. The minimum geographic extent of field surveys for a site-specific ESHA map shall be the area within a 500-foot radius of the proposed development envelope. When an expanded fuel modification zone is proposed for existing structures, the geographic extent of the field surveys shall include a 100-foot radius beyond the proposed expanded fuel modification zone (see in Appendix E1, Section AE-1.3.2.(g)(1)(iv). All portions of the subject lot that lie outside the required 500-foot field survey area shall be mapped using certified ESHA maps, aerial photographs and/or habitat/wildlife information available from federal/state/local natural resource agencies (e.g., National Park Service or other vegetation maps, wildlife tracking GIS data, monarch butterfly overwintering sites, California Natural Diversity Database. (See Appendix E1, Sections AE1.3.1(a) and AE- 1.3.2(g)(2)); and

ii.

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

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

(2)

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

(3)

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

(4)

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

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

(b)

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

(1)

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

(2)

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

(3)

Written summary and findings that explain how the proposed project meets the requirements of Section 81782.6.1. If the proposed development is only allowed to provide an economically beneficial use (see Section 8178-2.5.3), include a list of LCP policies and standards that are not met by the project design alternatives; and

(4)

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

(c)

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

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

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

ESHA is any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Each of the following landforms and habitat types constitute ESHA. This list shall be used in conjunction with the detailed information on ESHA determinations in Appendix E1:

(a)

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

(b)

Coastal bluff habitats.

(c)

Coastal dune habitats.

(d)

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

(e)

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

(1)

Bat roosts or breeding colonies for special status species.

(2)

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

(3)

Occupied grunion spawning sites.

(4)

Monarch butterfly roost site habitat.

(5)

Occupied marine mammal rookery and haul-out areas.

(6)

Bird nesting, staging/stopover and roosting sites.

(f)

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

(g)

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

(h)

Oak and other native tree savanna and woodland communities.

(i)

Rock outcrop habitats.

(j)

Special Status Species Habitats:

(1)

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

(2)

Habitat that supports federal or state candidate species for listing.

(3)

Habitat that supports California Fully Protected Species.

(4)

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

(5)

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

(6)

Habitat that supports plant species assigned a California Rare Plant Rank of 1 (plants presumed extinct in California, or rare, threatened, or endangered in California and elsewhere), 2 (plants that are rare, threatened, or endangered in California but more common elsewhere), or 4 (plants of limited distribution in California) by the California Native Plant Society.

(7)

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

(8)

Habitat that supports California Species of Special Concern.

(9)

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

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

(k)

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

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

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(1)

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

(2)

If the width of the fuel modification zone is not specified in an approved coastal development permit, the fuel modification zone shall be considered the width of the fuel modification zone shown around the legally established development in aerial photographs taken on October 18, 2018 and October 31, 2018 on file with

the Planning Division, or up to two hundred (200) feet measured from the edge of legally established habitable structures, whichever area is smaller. Continued vegetation clearance outside the fuel modification zone that occurred after the October 2018 aerial photographs dates (referenced above) shall be considered unauthorized development.

(3)

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

(f)

Unless vegetation is altered or removed as part of an existing, legally established development or as part of an associated fuel modification zone which is not classified as ESHA pursuant to subsection (d) or (e) above, the alteration or removal of vegetation shall constitute unauthorized development (see Appendix E1, Section AE1.2.2 - Additional Factors for ESHA Determinations).

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

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

(a)

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

(b)

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

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

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

Buffer zones shall be established to provide distance and physical barriers between protected resources and human disturbance. All development shall be sited and designed to protect the adjacent resources and be

compatible with the continuance of the habitat. See Sections 8178-2.6.3 and 8178-2.6.4 for additional requirements when siting development adjacent to ESHA, buffer zones, and parklands/open space areas.

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

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

(a)

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

(b)

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

(c)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

See Sections 8177-4.1.7 for information on buffer zones required when development is located within one thousand (1,000) feet of publicly owned parklands; Section 8178-2.6.2(b) for information on the application of

buffer zones for off-site ESHA in existing shoreline communities; and Section 8178-2.7.1.4 for information on buffer zones for limited sand removal. See Appendix E1 for information on the delineation of buffer zones for specific ESHA and Section 8178-2.4.4.2.

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

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

(a)

Riparian Areas. The outer edge of the cover of riparian vegetation community, or the outer edge of the bank of the subject stream if riparian vegetation is not present.

(b)

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

(c)

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

(d)

Wetland. The upland limit of wetland habitat. In the case of wetlands without vegetation or soils, the setback shall be the boundary between land that is flooded or saturated at times (during years of normal precipitation) and land that is not.

(e)

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

(f)

Protected Parkland/Open Space. The outer edge of the boundary for parkland/open space areas acquired by natural resource agencies or conservation organizations for habitat protection.

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

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

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

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

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

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

(a)

Nature study and environmental research.

(b)

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

(c)

Directional, education, and interpretive signs or displays.

(d)

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

(1)

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

(2)

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

(3)

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

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

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

(a)

Necessary water supply projects.

(b)

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

(c)

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

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

Habitat restoration or enhancement.

(f)

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

(g)

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

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

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

Within ESHA or a buffer zone, the following non-resource dependent uses may be permitted, provided that such uses are the minimum necessary, meet the standards for a least damaging alternative (see Section 81782.6.1), and are sited, designed, and mitigated in a manner consistent with the standards in Sections 8178-2.6, 8178-2.7, and 8178-2.10:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

Non-resource dependent uses allowed pursuant to the economically beneficial use exception in Section 81782.5.3.

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

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

8178-2.5.3 - Economically beneficial use.

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

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

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

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

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

(a)

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

(b)

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

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

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

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

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

(a)

Santa Monica Mountains. Within the Santa Monica Mountains (M) overlay zone, the maximum allowable building site shall be ten thousand (10,000) square feet, or twenty-five (25) percent of the legal lot size, whichever is less. The allowable building site may be increased above the maximum allowed by this Section when authorized pursuant to the incentive program in Section 8178-2.9.4.1, and it may be decreased pursuant to Section 8178-2.6.2.2(b). If the development is authorized to provide an economically beneficial use the permit shall be conditioned to require the remaining area of the lot located outside of the building site and mandatory fuel modification zone is preserved in perpetuity through a conservation easement or conservation instrument, except as otherwise set forth in the project's associated Coastal Development Permit and any allowable future development that is consistent with Section AE-2.2.2.

(b)

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

(1)

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

(2)

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

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

(c)

Other Coastal Areas. Except as provided by subsections (a) and (b) above, the maximum allowable building site shall be determined on a case-by-case basis for the allowed principally-permitted use. The maximum allowable building site shall be limited to the area needed for the property owner to make an economically beneficial use of the applicant's property as a whole (refer to Sections 8178-2.5.3 and AE-2.3).

(d)

In all cases, the maximum allowable building site shall be subject to the general requirements in Section 81782.6.2.1 and the adjustments in Section 8178-2.6.2.2.

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

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

(a)

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

(b)

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

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

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

(a)

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

(b)

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

(1)

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

(2)

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

(3)

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

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

8178-2.6.3 - General siting and building design standards.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

To protect off-site ESHA and conservation lands from vegetation removal practices associated with the potential expansion of a fuel modification zone, development shall not, to the maximum extent feasible, be sited within three hundred (300) feet of off-site: (i) ESHA or buffer zone; or (ii) undeveloped parkland/open space areas owned or managed by a natural resource agency or conservation organization for habitat

protection (see Section 8177-4.1.7, for additional development siting standards adjacent to park boundaries in the Santa Monica Mountains.

(6)

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

(7)

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

(c)

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

(d)

Water Quality. Water quality shall be protected by minimizing the use of impervious surfaces and by utilizing bioswales or other best management practices that promote stormwater infiltration and limit stormwater runoff. Development shall be located away from wetlands, other wet environments, natural drainage features, and their associated vegetation. The disturbance of such features shall be minimized when avoidance is infeasible.

(e)

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

(f)

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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

Geotechnical testing includes exploratory activities associated with evaluating a site for allowable, potential development. Such activities include drilling or excavation conducted to evaluate soil, geologic hazards, or hydrologic conditions (e.g., exploratory test holes for water wells, percolation testing for on-site wastewater treatment systems). When conducted in ESHA or buffer zone, such activities require a Coastal Development Permit (see Section 8178-2.4). Geotechnical testing shall be sited and designed to minimize adverse impacts to ESHA and buffer zones, and the following standards shall apply:

(a)

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

(b)

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

See additional road standards in Section 8178-2.6.8.

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

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

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

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

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

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

(a)

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

(b)

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

(c)

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

Temporary silt fences reinforced with plastic mesh are prohibited.

(3)

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

(e)

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

Also, see Section 8178-2.6.5.

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

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

(a)

Except where access improvements are necessary to meet Ventura County Fire Protection District standards or to provide one (1) access road/driveway to permitted development on a lot, the construction and/or improvement of access roads and driveways that would increase access to any property shall be permitted only when it has been determined that environmental resources in the area will not be adversely impacted by the increased access;

(b)

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

(c)

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

(1)

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

(2)

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

(3)

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

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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

8178-2.6.9.1 - Allowable uses in fuel modification zones.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

Water wells/septic drainage fields; and

(5)

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

==> picture [210 x 205] intentionally omitted <==

(b)

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

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

8178-2.6.9.2 - Width of fuel modification zones.

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

(a)

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

(b)

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

(c)

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

(d)

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

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

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

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

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

8178-2.6.10 - Standards for recreational development.

The applicant of a proposed new or expanded, resource-dependent recreational use/facility (see Section 81782.5.1) in ESHA or buffer zones shall site and design the facility/area to control the kinds, intensities, and locations of uses to protect ESHA against significant disruption of habitat values. The following site design/development techniques shall be used to protect ESHA:

(a)

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

(b)

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

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

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

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

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

(a)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

All fencing shall be wildlife-permeable and consistent with the standards for such fencing in Section 81782.6.14.

(c)

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

(1)

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

(2)

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

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

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

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

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

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

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

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

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

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

(a)

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

(b)

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

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

==> picture [210 x 105] intentionally omitted <==

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

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

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

(a)

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

(b)

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

(c)

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

(d)

Alterations to a Wet Environment. Construction shall occur during a period of low flow, and construction time and/or equipment shall be kept to a minimum. Construction activities shall also utilize best management

practices required by the County's Public Works Agency and the LCP to protect water quality, protect sensitive resources, or minimize the discharge of sediment into drainages. See subsection (f) for measures that limit the spread of aquatic invasive species.

(e)

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

(f)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

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

(g)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

If a special status species-occupied habitat supporting a critical life stage is located within five hundred (500) feet of the disturbance area, and construction activities cannot occur without infringing on the required buffer zone for the occupied habitat, then construction shall be postponed until the occupied areas are either vacated and/or the fledglings/juveniles leave the area. Construction activities shall not resume until the County confirms there is no evidence of a second attempt at occupation of the habitat by breeding birds or other special status

species. An exception may be authorized where the CISBA and/or the pre-construction bird survey demonstrates that encroachment into the buffer zone will not harm the special status species and is consistent with the criteria provided in Section 8178-2.7.7.

(6)

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

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

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

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

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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

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

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

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

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

8178-2.6.14.4 - Standards for wildlife-permeable fencing.

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

(a)

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

(b)

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

(c)

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

(1)

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

(2)

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

(3)

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

(d)

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

(1)

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

(2)

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

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

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

The following standards apply to all outdoor lighting installed on or after 9/9/2022 that could impact ESHA in the coastal zone. For outdoor lighting within the Santa Monica Mountains (M) overlay zone, see Section 81774.1.11 for additional lighting standards and requirements.

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

8178-2.6.15.1 - Exemptions.

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

(a)

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

(b)

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

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

8178-2.6.15.2 - Regulations and standards.

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

(a)

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

(b)

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

(1)

Section 8177-4.1.11.5.

(2)

Outdoor light fixtures identified in Section 8177-4.1.11.4 are prohibited.

(3)

Outdoor lighting for tennis courts or other recreational facilities that are accessory to a dwelling is prohibited to avoid or minimize impacts to biological resources.

(4)

Outdoor lighting shall utilize the minimum output necessary for the intended purpose and the correlated color temperature shall be two thousand seven hundred (2,700) Kelvin or less. All essential and security lighting shall be controlled by a motion detector or timer programmed to turn off no more than five (5) minutes after activation.

(c)

If application of the regulations and standards in this Section 8178-2.6.15.2 does not avoid potential adverse impacts to ESHA, additional standards shall be considered and utilized to reduce impacts from outdoor lighting to the maximum extent feasible.

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

The following standards apply to an ESHA or buffer zone and all areas within the Santa Monica Mountains (M) overlay zone. All development, including outdoor festivals, outdoor sporting events, and temporary film productions,* shall be sited and designed to minimize noise in ESHA or buffer zones through the application of the following standards:

(a)

Noise Threshold for Non-Residential Development. For non-residential development, noise levels within an ESHA shall not exceed a noise threshold of 50-dB Leq (h). In areas where the ambient noise level is above 50db Leq (h) (e.g., near freeways or rail lines), noise levels shall not exceed the measured ambient hourly equivalent noise level Leq(h) plus three (3) dB within adjoining ESHA. In addition, instantaneous Lmax noise levels shall not exceed the threshold criteria by twenty (20) dBA more than eight (8) times per hour.

(b)

Helicopter Pads. No private helicopter pads shall be permitted within the Santa Monica Mountain (M) overlay zone, except where needed by an agency for emergency services.

(c)

Outdoor Equipment. When sound-producing outdoor equipment is proposed on a lot that could impact a nearby ESHA noise sensitive receptor, the equipment shall be sited and designed to meet the following standards:

(1)

Locate sound-producing outdoor equipment (e.g., roof/ground-mounted HVAC, pumps, generators, compressors, and fans) as far as practicable from the ESHA noise sensitive receptor(s) or locate the equipment in an area where existing or proposed structures or solid walls act as a noise barrier between the noise source and ESHA noise sensitive receptor(s).

(2)

Cooling towers for power facilities and other industrial uses shall be sited and designed to direct noise away from ESHA noise sensitive receptor(s). When feasible, cooling towers shall be sited in such a manner that nearby structures or equipment acts as a noise transmission barrier.

See Section 8178-2.6.13(c) for construction noise standards.

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

*Noise standards in this Section only apply to temporary film productions that require a coastal development permit. For permitting requirements, see Section 8174-5.

8178-2.7.1 - Coastal dunes and beaches.

8178-2.7.1.1 - Coastal dunes.

Development that would result in the degradation, erosion or destruction of coastal dune habitats is prohibited. Prohibited activity in a dune habitat and its buffer zone includes, but is not limited to, motorized or nonmotorized vehicle traffic, mining, filling and the dumping/disturbance of vegetated areas, mechanized beach grooming, and sand removal or sand redistribution, except as allowed by Section 8178-2.7.1.4. Development, including outdoor festivals and outdoor sporting events, that could adversely affect a dune habitat shall be subject to the following standards:

(a)

Outdoor Festivals/Outdoor Sporting Events. If such events are proposed on a beach, the event shall be located outside the buffer zone for dune habitats. To protect the dune habitat during an outdoor festival or outdoor sporting event, signage prohibiting entry shall be posted and temporary barriers (e.g., fencing) shall be placed along the buffer zone boundary when permanent barriers are absent.

(b)

Design Standards. When development is permitted in a dune habitat, it shall be sited and designed utilizing subject matter experts, the best available science and coastal dune habitat morphology as follows:

(1)

Features such as raised walkways, foot paths, signage and physical barriers shall be used to control pedestrian and domestic pet movement and activities within the dune habitat and buffer zone.

(2)

Existing coastal dune habitat formations and native vegetation shall be retained, except when the subject dune habitat is being restored or enhanced as part of the project pursuant to a County-approved ESHA Mitigation Plan (see Section 8178-2.10.9).

(c)

Dune Restoration. If dune habitat vegetation is being restored as part of the project, then the vegetation shall be restored in a manner that accommodates the ecological needs of sensitive native dune habitat species (e.g., native vegetation communities). If dune habitat restoration includes the removal of existing vegetation, then the lowest-intensity, effective shall be utilized to minimize impacts on the dune habitat. The design and

implementation of all coastal dune habitat restoration projects shall be conducted by a dune restoration specialist and based off of the best available science, coastal dune morphology, and other appropriate scientific research associated with coastal beach ecology.

See standards in Section 8178-2.7.1.4 for sand removal near a coastal dune habitat.

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

(a)

An applicant for any Coastal Development Permit, including a permit for a shoreline protective device, must show that the proposal will not cause long-term adverse impacts on a beach. Impacts include, but are not limited to, smothering of organisms, contamination from improperly treated wastewater or oil, and runoff from streets and parking areas. Findings to be made shall include proper wastewater disposal.

(b)

Except for emergency access, no vehicle shall be allowed below the monthly highest tide line from March 1 to August 31, which is when grunion eggs are present, or within five hundred (500) feet of a shorebird colony during the March 1 to September 30 nesting season, unless otherwise authorized by a Coastal Development Permit. To the maximum extent feasible, to avoid disturbing a nesting bird or a nesting shorebird colony, trash cans shall be placed outside the buffer zone for nesting shorebirds (i.e., three hundred (300) feet for a nesting

bird, five hundred (500) feet for a nesting bird colony). If placement outside the buffer zone is infeasible, trash cans shall be placed at locations where public walkways or roads provide points of public access to the beach.

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

Beach grooming, which includes the removal of driftwood, debris and seaweed (beach wrack) from beaches and may include leveling sand, may be allowed on Hollywood Beach and Silver Strand Beach when conducted pursuant a valid Coastal Development Permit. Beach grooming is subject to the following standards:

(a)

Beach grooming is permitted year-round when limited to the hand removal of trash/debris or driftwood that presents a clear public safety hazard, and the activity does not disturb spawning grunions or nesting shorebirds.

(b)

Except as allowed by subsection (c) below, mechanical beach grooming is prohibited year-round below the monthly highest tide line. Above the monthly highest-tide line, mechanical beach grooming is permitted when such activities occur outside an ESHA or buffer zone (e.g., lagoon/estuary/wetland, coastal dune habitat, nesting shorebirds, designated Important Bird Area).

The removal or disturbance of beach wrack is prohibited below the monthly highest-tide line unless trash/debris/driftwood entangled in the wrack poses a clear threat to public safety. In such cases, the trash/debris may be removed mechanically or by hand. To ensure the "take" or disturbance of a special status species does not occur, a qualified on-site biological monitor experienced with the species shall be present when the emergency removal or disturbance of beach wrack is located in an area occupied by a nesting shorebird colony or is within three hundred (300) feet of a nesting shorebird.

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

Within the existing communities of Hollywood-by-the-Sea and Silverstrand Beach, sand removal and redistribution may be conducted to remove sand from public accessways to the beach and to prevent physical damage from wind-blown sand inundation of public facilities or existing, legally permitted development that abuts Hollywood or Silverstrand beaches. The removal and redistribution of sand shall only be permitted when conducted in accordance with an approved Coastal Development Permit and the following standards:

(a)

Allowable Sand Removal/Sand Redistribution Area.

(1)

Sand removal shall be limited to a 50-foot area that extends from the property line of the existing private development or that is within the existing public accessway. Sand removal may occur within the buffer zone of a dune habitat, but sand removal is prohibited in ESHA or the buffer zone of a nesting bird(s) or shorebird colony.

(2)

Sand redistribution shall be limited to an area that extends one hundred fifty (150) feet seaward from the edge of the 50-foot sand removal area. Sand redistribution, which may include the leveling of sand, shall only occur outside ESHA and buffer zones and above the highest monthly high tide line.

(b)

Vehicles/Equipment. Vehicles and equipment used for sand removal and sand redistribution shall not come into contact with the intertidal zone or ocean waters, and shall be cleaned and maintained at an off-site location to prevent the discharge of any harmful or foreign materials on the beach or in the ocean;

(c)

Special Status Species: Whenever feasible, sand removal and redistribution activities shall occur outside the nesting season for rare or endangered shorebirds (e.g., western snowy plover or California least tern, with a nesting season of March 1—Sept. 15). If sand removal and redistribution is necessary during the nesting season to avoid sand inundation, and the beach is occupied by a rare or endangered shorebird, then such activities may only be authorized if conducted in accordance with the standards in Sections 8178-2.7.6 and 8178-2.7.7, and the following additional standards:

(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

(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).

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)

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)

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 81782.5.1.1, 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.

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)

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)

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)

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)

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)

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 81787.5.4) 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)

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)

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:

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

(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 nonchemical 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:

1.

Overall damage to the environment from the treatment;

2.

Likelihood of the treatment's success;

3.

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

4.

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:

1.

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

2.

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.

3.

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 decisionmaking 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 81782.9.2 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)

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)

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)

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)

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)

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 81782.10.6. 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 onsite 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-2.4 - ESHA Vegetation Management Plan).

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

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)

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)

(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 offsite 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 nonnative 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 Countyapproved conservation organization (see Section 8178-2.10.9).

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 81782.10.6 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)

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 8178-2.10.5 for information on allowable mitigation sites.

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

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 81782.6.1.

(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.