Ventura County Municipal Code Appendix E2 Implementing Development in ESHA: ESHA Mitigation Plans and Legal…

The applicant must submit, and obtain County approval of, an ESHA Mitigation Plan after project approval and before the Zoning Clearance is issued for the project. As shown in the table below, all ESHA Mitigation Plans include a Habitat Mitigation Plan. Other required documentation depends on the mitigation approach taken by the applicant (e.g., restoration, establishment, preservation). Information on the required content of a Habitat Mitigation Plan, Habitat Restoration Plan, Habitat Maintenance and Monitoring Plan, and Habitat Management Plan are provided in this section.

(1) Required if the applicant is implementing the mitigation through a third-party provider. Not required if the applicant is utilizing an in-lieu fee program, purchasing mitigation credits from a state/federally approved mitigation bank, or mitigation is conducted by a natural resource agency or a County-approved conservation organization that owns and manages the property.

(2) Required for off-site preservation and when purchasing an off-site lot for mitigation. Not required if the applicant is purchasing credits from an available in-lieu fee program.

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

A Habitat Mitigation Plan (see CZO Section 8178-2.10.9) shall include the following components:

a. Executive Summary. Summary of the proposed approach to ESHA mitigation, including the following information:

1. A table and associated description of all on-site or off-site ESHA or buffer zones that will be impacted and require compensatory mitigation (see CZO Section 8178-2.10). The mitigation shall be directly proportionate to the amount of ESHA degraded or removed. Where the applicant can demonstrate that the fuel modification zone results in less acreage of ESHA removal due to the method of measurement, or sloped topography, the required mitigation may be adjusted downward accordingly;

2. Description of compensatory mitigation sites, including the location and rationale for site selection. Summarize evidence that shows the mitigation site meets the standards of the LCP (see subsection (b) below);

3. If the applicant is purchasing mitigation credits from a state/federally approved mitigation bank, or paying a fee to a County-approved mitigation site owned/managed by a conservation organization or natural resource agency, or in-lieu fee program, a summary of the credits or payments and a short explanation of how the required fee or credit provides adequate compensation for impacts to ESHA or buffer zones shall be included. Mitigation agreements conducted by a natural resource agency for the applicant shall also include detailed cost estimates associated with the restoration/enhancement installation and monitoring/maintenance period. (See CZO Section 8178-2.10.8 for additional information on mitigation options.)

4. Identify the type of conservation easement or conservation instrument that will be used to permanently protect the compensatory mitigation site (see CZO Section 8178-2.10.1(c)).

b. Project Goals and Objectives.

1. Goals. Describe the purpose and goals of the mitigation project. If the proposed mitigation includes ESHA restoration, establishment, or enhancement, then the goal statement(s) shall address the improvement of specific physical, chemical, and/or biological functions at the mitigation site. If the proposed mitigation includes ESHA preservation, then the goal statement(s) shall address the long-term conservation of ESHA in relation to the needs of the watershed, biogeographic region, or other regional conservation needs.

2. Objectives. Identify specific and quantitative objectives that will implement the purpose and goals of the mitigation project. Provide a description of the ESHA type(s) and amount(s) that will be provided by the mitigation and how the mitigation method (i.e., restoration, establishment, enhancement, and/or preservation) will achieve the mitigation project goals. Long term management goals for preservation properties should be related to the condition of biological communities, water quality, etc. and the long-term management or maintenance of ESHA.

c. Identification of Mitigation Sites. A description of proposed, on- or off-site mitigation areas, and an explanation as to how the site(s) meet the standards in CZO Section 8178-2.10.4. The description shall include a summary of the baseline conditions of the mitigation site(s) (see below) and all substantial evidence that shows the mitigation site provides ESHA of equal or greater function as the ESHA(s) impacted by the project (see CZO Section 8178-2.10.1). Include a map showing the location and distance between the impact and mitigation site(s) that shows the sub-watershed, biogeographic region, and jurisdictional boundaries) (See Appendix E1, Section AE-1.3.3(f)). Include a table that depicts the characteristics of the mitigation site(s) (including acreage) that are relevant to the type of resource proposed as compensation. Baseline information of existing conditions shall include:

1. Description of the biological resources at the mitigation site. This requirement shall be met for on-site mitigation sites by attaching the CISBA site-specific ESHA map to the Habitat Mitigation Plan. For off-site mitigation areas, a site-specific ESHA map shall be prepared showing all types and other notable natural features pursuant to Appendix E1, Sections AE-1.3.2(c) and AE-1.3.3(g)(3).

2. Description of the historical and existing conditions on the proposed mitigation site and area immediately adjacent to site (hydrology, vegetation, soils, surrounding landscape setting and land uses, and ecosystem functions);

3. If wetland establishment or restoration is proposed for compensatory mitigation, then include a description of the proposed hydroperiod for the site and the site design requirements necessary to ensure there is sufficient water to support the proposed mitigation project; and

4. A description of any physical, chemical, and/or biological degradation occurring within the proposed mitigation site. If the mitigation site will be used for ESHA preservation, then identify signs of trespassing, encroachment, dumping, or other concerns that should be addressed in the Habitat Management Plan for the mitigation site.

5. If the mitigation area is located off-site (see CZO Section 8178-2.10.4), identify how the off-site location meets all the mitigation criteria pursuant to Section 8178-2.10.

6. Copy of Site Access Agreement that allows County staff to enter the proposed mitigation site to perform an evaluation of ongoing mitigation activities. Access to the property shall be limited to those portions of the lot used for mitigation (e.g., restoration, management, or monitoring work) and private roads or property that must be traversed to gain access to the mitigation site.

d. Performance Criteria. Define clear and measurable performance standards for each objective to evaluate the success of the compensatory mitigation. For ESHA restoration or establishment projects, performance standards shall represent measurable changes in the ESHA function of the mitigation site that can be maintained without nurturing, protection, or supplemental care. Measurable changes shall be based on the difference between the baseline condition and end-of-project condition, or they can be based on the difference between the condition of a reference site and the baseline condition of the mitigation site. ESHA function can be measured in percent absolute cover of bare ground, percent relative cover by non-natives, plant species richness, and other selected factors. For ESHA preservation projects, performance standards should include the management and maintenance activities (e.g., invasive or invasive watch list plant species removal, fencing for trespass, etc.) needed to meet the defined project goals and objectives.*

*Additional development that may be required (e.g., fencing, permanent signs) to meet the project goals and objectives should be included in the proposed permit.

e. Contingency Plan. Adaptive management measures shall be identified, in advance, to address unforeseen changes in site conditions or other components of the mitigation project. Such measures will also allow corrective actions to be taken when performance criteria are not met during the mitigation monitoring period. Adaptive management measures can include additional site protection, replacement or supplemental plantings, and irrigation system adjustments. Adequate flexibility should be provided within the contingency plan to allow corrective measures to be used to address conditions that were not anticipated or addressed within the Habitat Mitigation Plan.

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

A Habitat Restoration Plan (see CZO Section 8178-2.10.9) is required when compensatory mitigation includes ESHA restoration, enhancement, or establishment. A Habitat Restoration Plan shall include the following components:

a. Project Coordinator. A project coordinator shall be identified and function as the main point of contact on the project. The project coordinator shall be a restoration specialist with regional experience in habitat restoration, establishment, or enhancement experience (as applicable) and an understanding of the scientific and technical issues involved in the project.

b. Landscape Construction and Maintenance Services. If applicable, a qualified landscaping company, public agency, or non-profit organization shall be identified that can grow container plants from propagules collected from within the watershed of the mitigation site.

c. Project Schedule. This schedule shall include a list of tasks needed to complete the habitat restoration, enhancement, or establishment project, including the approximate date each task will be accomplished. The project schedule shall include interim milestones that can be used to determine the success of the project and whether an extended project schedule is required.

d. Plant Palette. The following information regarding plant palette shall be included:

1. Plant Palette. The plant palette shall consist of locally indigenous plant species as recommended by a restoration specialist. Non-native and non-native invasive or invasive watch-list plant species are prohibited, and plants shall be propagated as follows:

i. Native plants shall be propagated from local seeds and cuttings or transplanted from salvage plants. An exception to this requirement may be provided for restoration sites under one-quarter (¼) acre, where regional native stock from professional native plant nurseries may be used if deemed acceptable by the restoration specialist and approved by the Planning Staff Biologist or County contracted qualified biologist; and

ii. If restoration areas greater than one-quarter (¼) acre experience the death of original plantings or the required percent vegetation coverage cannot be achieved with propagated plants, regional native plants may be purchased as local container stock from a professional native plant nursery.

2. The acreage and content of the plant palette shall be consistent with the compensatory mitigation requirements established by the LCP (see CZO Section 8178-2.10).

e. Irrigation. Hand watering or a temporary irrigation system that provides time released applications of water shall be installed at the designated restoration/establishment/enhancement site(s) if irrigation is required as determined by the restoration specialist:

1. The irrigation system shall be installed above-ground, and the temporary irrigation equipment shall be decommissioned and removed at the end of the monitoring period;

2. All onsite irrigation shall be delivered by drip or micro-spray systems that provide one hundred (100) percent coverage of the revegetation areas; and

3. Supplemental watering shall be terminated once plants are established and meet the performance criteria identified in the Habitat Maintenance and Monitoring Plan.

f. Soils. The following reports and actions shall be required to achieve optimum growth and ensure soil is in its native alkalinity:

1. A soils report, prepared by a certified soil scientist* with experience in soils engineering, shall be provided that indicates the existing nutrient status and pH of the soil at the mitigation site, and the plan shall indicate whether such soils will support the proposed plant palette; and

*The American Society of Agronomy (ASA) certifies Soil Scientists as agronomists and crop advisors. The Soil Science Society of America (SSSA) certifies Soil Scientists and soil classifiers. Geotechnical engineers with soil testing certifications will also be accepted.

2. Suitable topsoil* within the footprint of proposed development shall be removed, stockpiled for future use using soil stockpiling best management practices, and spread as the final surface layer of soil for any on-site restoration/establishment areas.

*Topsoil stockpiling is only applicable where original, undisturbed soil native to the site must be disturbed.

g. Weed Eradication Plan. Provide a plan, methodology and schedule for the eradication of invasive or invasive watch plant species, non-native plants within the restoration, enhancement or establishment site and buffer zone(s).

h. Fencing Plan. To prevent trespassing into a designated mitigation site(s), a temporary fencing plan shall be identified and implemented for the duration of the monitoring period. All temporary fencing shall be removed at the end of the restoration project. See CZO Section 8178-2.6.14 for fencing standards.

i. Drainage/Erosion Control. Where needed, drainage and erosion control measures, such as sandbags, fiber rolls, silt fencing, and/or erosion control matting shall be installed (see CZO Section 8178-2.6.7).

j. Cost Estimates and Funding. Provide cost estimates for all labor, materials, potential corrective measures, or other items needed to complete the Habitat Restoration Plan and provide documentation of the financial assurances made to the County to ensure implementation of the Habitat Restoration Plan.

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

A Habitat Maintenance and Monitoring Plan (see CZO Section 8178-2.10.9) is required to help ensure the success of the compensatory mitigation (i.e., habitat restoration, enhancement or establishment). It identifies the actions necessary to meet the performance standards and monitoring requirements associated with the habitat restoration, enhancement, or establishment once all project components are installed or constructed. The following components and standards (when applicable) shall be met during the maintenance and monitoring period associated with Habitat Preservation or Restoration Plan components:

a. Duration. The duration of a Habitat Maintenance and Monitoring Plan shall be five (5) years, but a longer duration period may be required for specific habitats (e.g., oak woodland), during drought periods, or due to biological constraints of the applicable ESHA ecosystems, as determined by a Planning Staff Biologist or County-contracted Qualified Biologist. The ESHA mitigation monitoring period may be reduced to no less than three (3) years if the Planning Staff Biologist or County contracted qualified biologist determines that all performance criteria are met successfully and all replacement plantings or enhancements are capable of surviving without nurturing, protection, or supplemental care for one (1) year under normal rainfall/weather conditions or two (2) years under drought conditions. If the vegetation cannot be sustained without artificial inputs, then the maintenance and monitoring period shall be extended beyond the five-year period until such time as the performance criteria established by the Habitat Mitigation Plan are fulfilled. If, at the end of a ten-year period, the performance criteria are not met, then an alternative ESHA preservation, establishment, restoration or enhancement plan shall be prepared and implemented to satisfy the compensatory mitigation requirements for the project.

b. Maintenance. The maintenance period shall begin immediately after the installation of the biological components, and it shall continue throughout the established duration period of the Habitat Maintenance and Monitoring Plan. Maintenance activities shall be conducted under the direction of a qualified biologist throughout the duration of the Habitat Maintenance and Monitoring Plan.

c. Monitoring. The monitoring plan shall be used to identify potential problems early and determine appropriate remedial actions. The frequency and duration of monitoring and reporting shall be identified in the Habitat Maintenance and Monitoring Plan and shall be adequate to measure specific performance standards and to meet the stated project goals and objectives relative to site conditions and weather patterns. A monitoring report must be submitted to the County at least once a year, but a shorter period may be required by the Planning Staff Biologist or County contracted qualified biologist if the project requires adaptation measures to meet performance standards. The monitoring plan shall include the following:

1. A Monitoring Report shall be prepared by a qualified biological consultant and shall, at a minimum, include the following:

i. Documentation of the number of species established;

ii. Documentation of the sampling design and analysis used to assess performance standards (e.g., quadrants, transects, etc. for sampling; type of statistics used for the assessment);

iii. Documentation of species survival percentage and sizes of species and discussion of whether all native species are being protected and nurtured and whether interim performance criteria were met;

iv. Detailed description of the project construction activities performed during the previous year and all restoration and mitigation efforts performed;

v. Color photo documentation of the pre- and current status of the mitigation site conditions;

vi. Discussion of monitoring activities and exotic plant control efforts; and

vii. Recommendations from a qualified biologist with restoration, establishment, or enhancement experience that include, but are not limited to, any mid-course corrections and adaptive management actions taken to ensure ongoing progress toward meeting interim and final performance criteria and supplemental required actions, such as the application of soil amendments or other treatments.

All Monitoring Reports shall be submitted to the Planning Division for review and approval during the duration period for the Habitat Maintenance and Monitoring Plan (including extensions). If the Monitoring Report does not include the required contents (see above), then a replacement report will be required.

2. Monitoring shall be performed by a qualified biologist and shall include, but not be limited to, the following inspections:

i. During any grading and construction required for the habitat restoration, establishment or enhancement actions, the mitigation site shall be inspected to confirm that ESHA project construction standards are being implemented in accordance with the Habitat Restoration Plan and, if necessary, to require immediate corrective action if the established standards are not being implemented;

ii. Site inspections shall be conducted to verify that all plantings and infrastructure were installed in accordance with the approved Habitat Restoration Plan by the qualified biologist. Also, prior to issuing a Certificate of Occupancy, Planning Division staff shall conduct a site inspection(s) to verify compliance with the approved Habitat Restoration Plan; and

iii. County inspections may also occur on an as-needed basis to evaluate compliance with the performance criteria in the approved Habitat Mitigation Plan or the Habitat Restoration Plan.

iv. A condition compliance account shall be established before a Zoning Clearance is issued for the approved project.

d. Cost Estimates and Project Timeline. Provide an estimated timeline for the maintenance and monitoring plan. Also, provide cost estimates for all labor, materials or other items needed to complete the Habitat Maintenance and Monitoring Plan, and

e. Financial Assurance. Provide documentation of the financial assurance to the County to ensure its implementation. For temporary construction impacts to wetlands, financial assurance shall be provided to ensure that adequate funds are available to complete the required restoration.

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

A Habitat Management Plan (see CZO Section 8178-2.10.9) is required for all off-site mitigation areas used for ESHA preservation.* The Habitat Management Plan shall include the following components:

a. Site Information. (1) A legal description of the lot (i.e., metes and bounds) and the area used for compensatory mitigation (if different from the legal lot description); (2) an exhibit with a site plan that includes an accurately scaled easement area graphically depicted on the plan, the Assessor Parcel Number(s) (APNs), street address, and name/address of owners; (3) a title report no less than six (6) months old; (4) written summary of current site conditions; and (5) additional information requested by the Planning Division.

b. Site Preservation Documentation. Documented proof that the property is protected in perpetuity (i.e., a copy of the recorded conservation easement or official documentation for other types of conservation instruments allowed pursuant to CZO Section 8178-2.10.1(c). If a conservation easement is used to protect the property, then allowable uses shall be limited to those specified by Section AE-2.2 below). Documented proof shall be provided prior to recordation of a Final Map for a proposed land division or, for other types of permits, prior to issuance of a Zoning Clearance for the development. A copy of all legal instruments protecting the site in perpetuity shall be provided as an attachment to the Habitat Management Plan.

c. Management Summary. The timing, location, and implementation for all management operations/practices needed within the conservation easement area. Any adaptive management actions identified in the contingency section of the Habitat Mitigation Plan (see Section AE-2.1.1(e)). The complexity of the management operations/practices for preserved properties will depend on the abundance and arrangement of biological components, site location, etc.

d. Cost Estimates and Funding. Information on the stewardship fund or endowment that will be used to manage the property in the short term (before the endowment is fully collected) and the long-term (once the endowment is fully secured). This information shall, at a minimum, include cost estimates for the long-term maintenance and management of the resources and the fiscal arrangements that will be made for the stewardship fund.

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

*All ESHA preservation will be located on an off-site mitigation lot, as on-site preservation cannot be used as compensatory mitigation in the coastal zone.

The information in this Section shall be used in conjunction with the definitions in Article 2 and the regulatory requirements in CZO Sections 8178-2.6.3(e), and 8178-2.10.1(c). The referenced regulations require the following:

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Except as allowed by CZO Section 8178-2.6.3(e) or 8178-2.10.8, a conservation easement shall be used to conserve areas providing compensatory mitigation. Off-site mitigation areas may be encumbered either by a conservation easement or a deed restriction* and subsequently conveyed to a County-approved natural resource agency or conservation organization for ownership.

*A deed restriction is used to ensure the ESHA will be preserved when a property is conveyed in its entirety to a County-approved conservation organization or natural resource agency.

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A conservation instrument shall be used to conserve on-site ESHA, buffer zones, and slopes over thirty (30) percent located outside of the building site and mandatory fuel modification zone that are not used as compensatory mitigation. The conservation instrument area shall be preserved in perpetuity, 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.

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

The following regulations are applicable when a conservation easement or deed restriction is used to conserve areas as compensatory mitigation:

a. Conservation Easements. The conservation easement, which shall be subject to County Planning Division review and approval prior to recordation, shall be prepared by a licensed surveyor, include a formal legal description of the entire lot, and include a metes-and-bounds legal description and graphic depiction of the conservation easement area. A preliminary title report less than six (6) months old shall be obtained, issued by a licensed title insurance company that demonstrates the lot is free of prior liens, including tax liens, and encumbrances that could interfere with the instrument's purpose of conserving the subject habitat in perpetuity. The conservation easement shall be permanent and state that no development shall occur within the open space conservation easement area except as otherwise set forth in the project's applicable Coastal Development Permit condition(s), consistent with the allowable uses identified in Section AE-2.2.1 below. The conservation easement shall state that the resources being protected are of significance to the people of the State of California. Following recordation, the applicant shall provide the County Planning Division with a copy of a preliminary title report establishing that the conservation easement appears on the property's title, as recorded with the Ventura County Recorder. The applicant shall provide the County Planning Division with documentation establishing that the County-approved natural resource agency or conservation organization, or County agency, has formally accepted the conservation easement in favor of the People of the State of California.

b. Deed Restriction and Property Conveyance In Lieu Of Conservation Easement. The applicant shall provide the County Planning Division with a preliminary title report, issued by a licensed title insurance company, not more than six (6) months old, establishing that the area to be placed in an open space deed restriction and subsequent ownership transfer appear on the property's title. The applicant shall record an open space deed restriction, which shall be subject to County review and approval prior to recordation, encumbering the required open space conservation area in perpetuity, and thereafter convey the lot in fee title to the County-approved entity accepting ownership of the property subject to the deed restriction. The deed restriction shall state that no development shall occur within the open space area except as otherwise set forth in the project's applicable Coastal Development Permit condition(s), consistent with the allowable uses identified in Section AE-2.2.1 below. The applicant shall provide the County Planning Division with a copy of the deed restriction as recorded with the Ventura County Recorder. The applicant shall thereafter provide the County Planning Division with documentation establishing that fee title to the open space conservation site(s) has been successfully conveyed to a County-approved natural resource agency, conservation organization, or County agency approved by the County, and that the document effectuating the conveyance was recorded with the Ventura County Recorder.

c. Allowable Uses and Development: Conservation Easements and Deed Restrictions Used for Compensatory Mitigation.

When a conservation easement or deed restriction is used to conserve areas as compensatory mitigation, the conservation easement or deed restriction shall include terms and conditions such that the instrument meets the following: (1) definition for a conservation easement in CZO Article 2; and (2) the requirements for compensatory mitigation in CZO Section 8178-2.10.1. New uses and development in the conservation area shall only be allowed pursuant to a valid Coastal Development Permit and shall be limited to the following:

1. Planting of native vegetation, and other habitat restoration and maintenance activities or development (e.g., wildlife permeable fencing, signs), if allowed pursuant to a County-approved ESHA Mitigation Plan (CZO Section 8178-2.10.9);

2. Construction and maintenance of public hiking trails;

3. Construction and maintenance of roads, trails, and utilities consistent with existing easements;

4. Minor grading and vegetation removal necessary to repair or maintain an existing legally established roadway; and

5. Fire safety activities carried out by the Ventura County Fire Protection District, such as the preparation of fire breaks to protect existing, permitted development during a declared fire emergency. Fuel modification required by the Ventura County Fire District, if undertaken in accordance with a Fuel Modification Plan approved by the County pursuant to a Coastal Development Permit. Replacement compensatory mitigation shall be provided for any fuel modification on land used as compensatory mitigation.

The conservation easement or deed restriction shall include a prohibition of other uses and development within the conservation area.

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

When a conservation instrument is used for on-site development restrictions, the conservation instrument shall include terms and conditions such that the instrument meets the definition in Article 2 and the requirements in CZO Section 8181-3.5.3. New (or modified) uses and development in the restricted area shall only be allowed pursuant to a valid coastal development permit (or discretionary permit modification) and shall be limited to the following:

a. General Requirements. When a deed restriction is used as a conservation instrument to avoid potential impacts associated with development, it shall include terms and conditions such that the instrument meets the definition of a conservation instrument in Article 2.

b. Allowable Uses and Development. New uses and development in the area subject to the deed restriction/permit condition shall be limited to the following:

1. All allowable uses provided by Sections AE-2.2.1(c) and 8178-2.5.1;

2. Replacement of a failed water well and associated water tank or septic system that meets the following standards: (i) a replacement system was not identified by the existing permit, and (ii) substantial evidence is provided that no feasible, alternate location is available within the approved development envelope; and

3. Fuel modification authorized by the Ventura County Fire Protection District, if undertaken in accordance with an ESHA Vegetation Management Plan approved by the County pursuant to a Coastal Development Permit.

4. The siting of safety infrastructure required by state law (e.g., fire department turn arounds, roads, water tank) that is based upon substantial evidence that no feasible alternate location is available within the previously entitled building site or mandatory fuel modification zone.

The conservation instrument shall include a prohibition on other types of uses and development within the protected area. All development associated with the allowable uses in this Section are subject to the permitting and compensatory mitigation requirements provided by the LCP.

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

Applications for a Coastal Development Permit seeking authorization for development in ESHA or a buffer zone pursuant to CZO Section 8178-2.5.3, shall include the information and documentation required to be submitted pursuant to this section. The information and documentation provided shall address the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application which are collectively referred to below as the "property." Before any application for a coastal development permit is accepted for processing, the applicant shall provide the following information and documentation, unless the Planning Director determines that one (1) or more of the particular categories of information is not relevant to its analysis:

a. The date the applicant purchased or otherwise acquired the property, and from whom;

b. The purchase price paid by the applicant for the property;

c. The fair market value of the property as a whole at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at that time;

d. The Ventura County General Plan, Coastal Area Plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition;

e. Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection (d) above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition;

f. Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates;

g. A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased;

h. Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware;

i. Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price;

j. The applicant's costs associated with the ownership of the property, annualized for each of the last five (5) calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. If the viability of existing agricultural uses is an issue, the determination of "viability" shall include consideration of the following elements for the five (5) years immediately preceding the date of the filing of the Coastal Development Permit application: (1) an analysis of the gross revenue from the agricultural products grown in the area; and (2) an analysis of the operational expenses associated with the production of the agricultural products grown in the area; and

k. Apart from any rents received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five (5) calendar years. If there is any such income, it should be listed on an annualized basis along with a description of the uses that generate or has generated such income; and

l. Any additional information that the Planning Director requires to make the determination.

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

An ESHA Vegetation Management Plan is required for expanded fuel modification zones that retain any ESHA or buffer zone; such plans shall include, but are not limited to the following components:

a. Purpose of Plan. Every ESHA Vegetation Management Plan shall include the following introductory language:

This ESHA Vegetation Management Plan (Plan) has been prepared for the (insert planning permit case number, APN, and common name of the project here) to maintain defensible space that will reduce the intensity of a wildfire within or adjacent to ESHA or buffer zone. The Plan identifies areas where ESHA or buffer zone were retained within the expanded fuel modification zone associated with the permitted development. The installation and long-term maintenance of the fuel modification zone is subject to ESHA fuel modification zone landscaping requirements when in ESHA and the buffer zone (See CZO, Section 8178-8.4.2.3, 8178-8.4.2.4 and Appendix E1, Section AE-2.4-2.5).

All vegetation within the expanded fuel modification zone shall be managed according to this Plan for the life of the permitted land use.

Any new or expanded fuel modification zones shall only be authorized through a new or modified Coastal Development Permit, and property owners shall only conduct fuel modification in accordance with an approved Coastal Development Permit.

Any changes that occur to the expanded fuel modification zone or changes to the type or density of ESHA shall require a revised ESHA Vegetation Management Plan to be submitted to the Planning Division for review and approval.

Any deviation from the approved Plan that is implemented without County review and approval(s) shall constitute a violation of the Coastal Development Permit.

b. ESHA Vegetation Management Plan.

The ESHA Vegetation Management Plan for an expanded fuel modification zone shall contain the following components:

1. Description and Map of Pre and Post Treatment Areas. Provide two (2) site plans that clearly illustrate before and after vegetation management activities within the expanded fuel modification zone as follows:

i. Fuel Treatment Plan. Using vegetation community maps from the CISBA, clearly label and depict which vegetation communities will receive vegetation management treatments (thinning/removal);

ii. Final ESHA Vegetation Management Plan. The final ESHA Vegetation Management Site Plan shall be developed using a Global Positioning System (GPS) to accurately map (+/- 2 m accuracy) retained vegetation communities. Describe and depict the location of:

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Vegetation treatment areas;

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Permanent fuel zone markers at boundary of vegetation treatment changes; and

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All retained ESHA and buffer zones after vegetation management treatments have occurred.

The following base information shall be represented on both site plan maps:

i. Boundaries of the development envelope, building site, structures, fuel modification zones, ESHA, buffer zones, and slope.

ii. Location, species or vegetation community, and size or acreage of retained ESHA (CZO Section 8178-2.4.1). Note the acreage and ecological succession stage (primary, secondary, climax) associated with all ESHA or buffer zones polygons mapped;

iii. Location and types of easements, conservation instruments, or firebreaks (include and specify those areas that are not maintained by the property owner); and

iv. Any protective temporary fencing or other markers used to delineate location of ESHA so that a property owner could easily identify it in the field during maintenance activities.

2. Description of ESHA and Buffer Zone Impacts. Summarize the ESHA Impact Analysis for the expanded fuel modification zone from the CISBA (Appendix E1, Section AE-1.3.2(i)). The discussion shall include, but not be limited to the following:

i. Using the Site Plan Maps, identify and quantify the amount of ESHA or buffer zone within the expanded fuel modification zone that will be removed or altered and all ESHA or buffer zone areas retained. Applicants shall provide a detailed explanation of the methods and calculations used to determine the total percent vegetation thinned pursuant to Section AE-2.5. If priority vegetation removal could not be met, describe why.

ii. Provide videos or photos of the expanded fuel modification zone, pre- and post-treatment.

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A pre-installation video or photos of the expanded fuel modification zone shall depict what ESHA treatments (i.e., removal, thinning) are proposed for existing vegetation. The video or photos must provide a general overview of the expanded fuel modification zone and clearly identify the plant communities associated with the vegetation management treatment areas. The pre-clearance video or photos shall be submitted with the permit application along with the CISBA.

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A post-treatment video or photos of the expanded fuel modification zone shall clearly depict all vegetation management treatments, retained ESHA or buffer zone areas, boundary markers, and the measures implemented to avoid accidental removal or degradation of retained ESHA or buffer zone. Commentary within the video or photo descriptions shall tie into what was shown in the pre-clearance videos or photos. If requested by Planning staff, the post-clearance videos or photos may be confirmed by way of a site visit.

3. Fuel Modification Zone Maintenance Plan. Maintenance of the expanded fuel modification zone shall be in accordance with the approved ESHA Vegetation Management Site Plan (subsection (b)(1) above). The following components shall be included in the Fuel modification Zone Maintenance Plan:

i. A plan for maintaining the proposed fuel-reduction measures. Describe vegetation management (clearing) methods and timetables for managing vegetation within the expanded fuel modification zone during the life of the project. Low-intensity vegetation removal techniques shall be used when in ESHA or buffer zone.

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Elements of the plan shall include removal of vegetation that may grow into overhead electrical lines, other ground fuels, ladder fuels and dead trees, and the thinning of live trees.

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Describe how remaining ESHA will be protected for the life of the project and any special management activities that may be required.

ii. Identify the holders and the location of any easements or firebreaks that are not maintained by the property owner; and

iii. Include the map of permanent boundary markers between vegetation management zones and include notations that markers must be maintained to provide a clear visual boundary for all maintenance activities for the life of the fuel modification zone. Visual demarcation of remaining ESHA is strongly encouraged to avoid loss of reduced mitigation fee or required restoration if ESHA is accidentally removed.

iv. Provide a statement that habitats that support a critical life stage for a special status species wildlife (e.g., nesting, denning, breeding or roosting sites) are considered ESHA and that the LCP policies and standards shall apply. For ESHA tree and riparian area protections in fuel modification zones, refer to Section 8178-7.3.1 and Appendix E1, Section AE-1.2.2(c). If a special status species is found within the vegetation clearance area that is in a critical life stage, then provide the recommendation for fuel clearance implementation and annual requirements, such as shall be postponed until the occupied areas are either vacated and/or the fledglings/juveniles leave the area.

4. County In-Lieu Fee Payments and Proof of Notice on Property Title. Where an approved ESHA Vegetation Management Plan is required for compensatory mitigation purposes associated with an expanded fuel modification zone, the following requirements shall be incorporated within the conditions of approval for the subject Coastal Development Permit:

i. Provide a summary and documentation showing payments to the County's In-Lieu Fee Program prior to the issuance of a Zoning Clearance necessary for any required condition compliance.

ii. Record a notice on the property title to current and future property owners disclosing the existing ESHA and buffer zone maintenance requirements within the ESHA Vegetation Management Plan. A disclosure statement shall be required to notify any future property owners of the maintenance requirements associated with the ESHA Vegetation Management Plan.

iii. Post-vegetation removal video or photos and the final ESHA Vegetation Management Plan site map (subsection (b)(2) above)(with GPS mapping) shall be incorporated into the Conditions of Approval for the permit.

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

The following standards shall be used to thin and maintain existing vegetation within the expanded fuel modification zone:

a. Existing vegetative canopy area (i.e., dead, dying, non-native, native, live) within the expanded fuel modification zone shall not exceed fifty (50) percent of vegetation removal per one-quarter (¼) acre within the 101—150-foot zone and thirty (30) percent per one-quarter (¼) acre within the 151(+)-foot zone;

b. Consistent with the fuel management objectives (subsection (a) above), steps shall be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds.

c. No biological (e.g., grazing) or, chemical vegetation removal methods are allowed. In addition, no mechanical vegetation removal methods that will compact soils (e.g., use of heavy equipment) or significantly disturb or remove the root systems of existing vegetation (e.g., grubbing) are permitted in the expanded fuel modification zone. Low-intensity vegetation removal techniques shall be used when in ESHA or buffer zone.

d. Vegetation removal shall be concentrated in areas with non-native species and dead/dying plant material. The retained vegetation should consist of existing native plants. In all cases, non-native invasive or invasive watch list plant species, as inventoried by the California Invasive Plant Council, shall be removed. This does not include standing dead trees that may provide habitat for wildlife (see subsection (f)(1) below);

e. When feasible, maximize the retention of native vegetation within islands of undisturbed vegetation to minimize disruption of habitat value;

f. When it is not possible to reduce cover through the removal of non-native vegetation or dead/dying plant material, a qualified biologist shall retain the existing vegetation in the following order of priority:

1. Biologically significant standing or fallen dead trees (greater than twelve (12) inches diameter at breast height (dbh) and at least fifteen (15) feet tall) that provide potential habitat for birds, bats, or other special status animal species. Retained snags shall pose no threat to power lines or firefighter access roads;

2. Special-status plants, prioritized by rarity, shall be retained with a buffer zone (minimum of fifteen (15) feet) that protects and maintains microsite characteristics (shading/overstory) for the plant;

3. Herbaceous non-ESHA native species; and

4. Woody non-ESHA native species.

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