Ventura County Municipal Code Art. 8 General Development Standards/Conditions—Resource Protection

The purpose of this Article is to provide development standards and conditions necessary for the protection of environmental and other resources in the Coastal Zone. This Article must be used in conjunction with any specific development standards found in Articles 5, 6, and 7, and with all provisions and policies of the LCP Land Use Plan, to determine all the standards and conditions for a proposed development.

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 AE-1.3.1(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 site-specific 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 8178-2.6.1. 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)

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 AE-1.2.2 - 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)

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 low-impact 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, predator-exclusion 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 8178-2.6.1), 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 8178-2.5.3.

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)

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)

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 8178-2.6.2.1 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)

(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)

(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)

(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.

[Figure]

(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)

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)

The applicant of a proposed new or expanded, resource-dependent recreational use/facility (see Section 8178-2.5.1) 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)

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 8178-2.6.14.

(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 County-contracted qualified biologist.

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

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 wildlife-permeable 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)

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)

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 8177-4.1.11 for additional lighting standards and requirements.

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

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)

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 resource-dependent 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 50-db 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.

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 non-motorized 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)

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 8178-2.5.1.1, the following design measures shall be incorporated:

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

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

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

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

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

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

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

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

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

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

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)

(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)

(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)

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 8178-7.5.4) or prevent economically beneficial use of the property (Section 8178-2.5.3).

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

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

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 non-chemical control method(s) are not feasible relative to the chemical methods selected. Factors to be considered by the decision maker in determining whether to grant the request for use of a pesticide may include, but are not limited to, the following:

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)

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

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

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

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

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

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

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

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

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

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)

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)

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

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

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

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

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

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

(b) In-Kind Habitats. Compensatory mitigation shall be limited to in-kind habitat. If an applicant must obtain a permit or approval from a federal or state natural resource agency based on the proposed development project's potential impact to a species or habitat under that agency's jurisdiction, then County staff shall consult with the responsible agency prior to the County's approval of the compensatory mitigation for the development project.

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

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

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

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

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

(d) ESHA Mitigation Plan.

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

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

(e) Reduced County In-Lieu Fee for Coastal Sage Scrub and Chaparral ESHA. Coastal Sage Scrub and Chaparral ESHA retained within an expanded fuel modification zone in accordance with the standards in Appendix E1, AE-2.5 - Expanded Fuel Modification Zone Thinning Standards, may qualify for a reduced mitigation fee using the Ventura County In-Lieu Fee Program (see Section 8178-2.10.8(d)). All remaining ESHA or buffer zone within this expanded fuel modification zone shall be protected and maintained by the property owner for the life of the permitted development in accordance with an ESHA Vegetation Management Plan (Appendix E1, AE-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 off-site area that adjoins public parkland or protected native habitat (i.e., land protected by a conservation easement or owned/managed by a natural resource agency).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

•

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

•

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

•

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

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

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

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

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

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

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

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

(a) Wetlands. Habitat restoration or establishment is required as compensatory mitigation for impacts to wetlands. Additionally, when any dike or fill development is permitted in wetlands, in conformity with Section 30233 or other applicable policies of the Coastal Act, additional mitigation measures shall, at a minimum, include the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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)

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

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

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

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

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

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

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

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

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

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

Footnotes:

--- (7) ---

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

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

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

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

b. The Phase I Inventory Report shall include:

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

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

3. A description of how the surface survey was conducted;

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

5. Resource management recommendations;

6. Copies of the records search; and

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

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

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

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

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

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

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

2. A delineation of the site boundaries of the archaeological resources;

3. A detailed analysis of the material recovered; and

4. An assessment of resource integrity.

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

2. The level of excavation needed;

3. The analytical protocols for the data;

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

5. The location of where archaeological resources will be curated.

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

i. Planning construction to avoid archaeological sites;

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

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

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

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

3. Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

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

(Ord. No. 4492, § 6, 6-21-2016)

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

(Ord. No. 4492, § 6, 6-21-2016)

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

Table 1

* Table 1 Legend—Paleontological Importance:

Bureau of Land Management Paleontological Classifications:

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

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

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

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

_____

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Description of the paleontological importance;

• The curation location; and

• Documentation of the monitoring activities.

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

1. Planning construction to avoid paleontological sites;

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

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

c. Other mitigation measures, as appropriate.

(Ord. No. 4492, § 6, 6-21-2016)

8178-4.2 - If the available data indicates that a new development as proposed will not assure stability and structural integrity and minimize risks to life and property in areas of potential hazards, or will create or contribute significantly to erosion or geologic instability, then the County shall require the preparation of an engineering geology report at the applicant's expense. Such report shall be in accordance with all applicable provisions of this Article and of the Coastal Area Plan policies, and shall include feasible mitigation measures that will be used in the proposed development, as well as the following applicable information to satisfy the standards of Section 8178-4.1:

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

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

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

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

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

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

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

(7) Potential erodibility of site;

(8) Effects of marine erosion on seacliffs;

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

(10) Any other factors that might affect slope stability.

(b) Shoreline Protective Devices. See Section 8175-5.12.

(Ord. No. 4451, § 9, 12-11-2012)

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

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

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

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

a. At least sixty (60) feet tall; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Timing.

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

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

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

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

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

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

_____

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

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

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

[Figure: Example of Tree Protected Zone]

Example of Tree Protected Zone

_____

(Ord. No. 4492, § 6, 6-21-2016)

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

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

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

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

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

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

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

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

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

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

(a) A tree permit is required for the alteration, transplantation, or removal of a tree unless exempt from a permit pursuant to Section 8178-7.5.3. There are three (3) types of tree permits: a Planned Development Permit (see Section 8178-7.5.1), Zoning Clearance (see Section 8178-7.5.2), and an Emergency Coastal Development Permit (see Sections 8178-7.5.4 and 8181-3.7).

(b) If tree alteration, removal, or transplantation, is part of a development requiring a discretionary permit, then the tree permit application and approval process shall accompany the development project that requires a discretionary permit.

(c) If a person applies for a permit to alter or remove a tree located in an area subject to state or federal regulations (e.g., Fish and Game Code or Clean Water Act) that are more stringent than the regulations set forth in this Section 8178-7, the stricter requirements shall prevail in establishing the conditions of approval for that permit.

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

No person shall remove, alter, or transplant a protected tree without obtaining a Planning Director approved Planned Development Permit, unless it is exempt from a permit (pursuant to Section 8178-7.5.3) or requires only a Zoning Clearance (pursuant to Section 8178-7.5.2) or Emergency Coastal Development Permit (see Section 8178-7.5.4). A Planned Development Permit is required to remove, alter, or transplant a protected tree classified as ESHA. A Planned Development Permit shall also be required for:

(a) Post-Removal, -Alteration, or -Transplantation. A Planned Development Permit shall be required when a protected tree was removed, altered or transplanted without the required permit and/or a person seeks to remove the tree, roots or limbs from the lot.

(b) Tree Alteration. A Planned Development Permit shall be required for the following types of alterations to a protected tree:

(1) The alteration may compromise the health of the tree and results in a qualified tree consultant's recommendation for tree removal.

(2) Encroachment into the Tree Protected Zone. Examples of encroachments include but are not limited to changing the existing grade, landscaping or irrigation, excavating for utilities or fence posts, or paving associated with driveways and streets.

(3) Pruning of tree canopy greater than twenty (20) percent.

(c) Emergency Tree Alteration or Removal. A Planned Development Permit shall be required following issuance of an Emergency Coastal Development Permit in accordance with Section 8178-7.5.4.

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

(a) A Planned Development Permit may be approved only when the applicable decision-maker makes one (1) or more of the following findings, as applicable:

(1) The proposed project conforms to the development standards in Section 8178-7.4.

(2) The proposed project is sited and designed to avoid the removal or transplantation of protected trees except as allowed by this Section 8178-7 and where no feasible alternative exists that would avoid or further minimize the removal, transplantation, or damage to protected trees.

(3) To the maximum extent feasible, the proposed project is sited and designed to avoid any encroachment into the protected zone of a protected tree that would lead to the decline or death of the protected tree.

(4) The adverse impact of tree removal, tree transplantation, or encroachment in the tree protected zone cannot be avoided because such impacts cannot be reduced or avoided through a feasible alternative.

(5) All feasible mitigation measures that would substantially lessen any damage to protected trees were incorporated into the approved project through project design features or conditions of approval.

(6) For trees classified as ESHA, the permit findings shall include those provided in Section 8181-3.5.3.

(b) In addition to the required findings in subsection "a" above, one (1) or more of the following findings may be used to substantiate the reason for removal, transplantation, or encroachment of a protected tree:

(1) A protected tree's continued existence in its present form or location denies reasonable access to the subject property or denies the development of the principal permitted use that is the minimum necessary to provide a reasonable economic use of the property.

(2) The location of a protected tree prevents the continuation or safe operation of an existing utility service and there are no feasible alternatives that would eliminate or reduce the impacts.

(3) The protected tree(s) proposed for removal has a debilitating disease or is in danger of falling, and such conditions cannot be remedied through preservation procedures and practices, and the tree(s) is located in an area where falling limbs or trunks would be a danger to persons or property (i.e., existing structures).

(4) The alteration or removal of a protected tree is required for a public works project that entails the repair and/or maintenance of drainage devices and road-side slopes and is the minimum design necessary to protect existing public roads.

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

A protected tree that was planted pursuant to a Tree Protection, Planting, and Monitoring Plan, a mitigation measure, or an approved landscape plan, and that is proposed to be removed due to its decline or death, may be substituted with an alternate species subject to the following:

(a) The requested substitution is justified in writing by a qualified biologist and/or qualified tree consultant and fulfills the mitigation requirements or performance standards set forth by the original discretionary permit, and the monitoring and successful establishment of the substituted species is required by a permit condition.

(b) An application for modification of the subject permit is filed in compliance with Section 8181-10.4.2.

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

(a) A person may alter or remove a non-native or invasive watch list species of tree with a Zoning Clearance when such actions occur outside the bird breeding and nesting season (January 1 to September 15), except when such trees are classified as an ESHA protected tree pursuant to Section 8178-7.3.1.

(b) Overhead Utility Lines. Alteration of a protected tree, except when such trees are classified as an ESHA protected tree pursuant to Section 8178-7.3.1, below or adjacent to public overhead lines located in State Responsibility Areas (as mapped by the Department of Forestry and Fire Protection), where the primary financial responsibility for preventing and suppressing wildland fires rests with the State and when necessary to maintain existing overhead lines. Alteration shall be the minimum necessary to provide safe fire clearance.

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

(a) Development that encroaches less than ten (10) percent into a protected tree's tree protection zone that is not an ESHA protected tree (See Section 8178-7.3.1) may be permitted with a Zoning Clearance with inspection. A certified arborist or qualified tree consultant shall submit the following, in writing:

(1) The purpose of the encroachment, degree of encroachment within the tree protected zone, recommendations to avoid and minimize potential impacts to tree roots during construction, in accordance with Section 8178-7.4.4, and a statement that the proposed encroachment is not expected to result in permanent damage to the protected tree.

(2) In the event that the certified arborist or qualified tree consultant determines the proposed tree encroachment is below ten (10) percent but development has the potential to harm the protected tree, a Planned Development Permit shall be required in accordance with Section 8178-7.5.1.

(b) Pruning of a protected tree's live limbs, provided such trimming does not endanger the life of the tree or result in an imbalance in structure, or remove more than twenty (20) percent of its tree canopy. Unless justification is provided in writing by a qualified tree consultant, removing a protected tree's branches larger than four (4) inches in diameter shall be prohibited.

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

The alteration or removal of protected trees is only exempt from a permit under the following circumstances, and in accordance with Section 8178-7.4.2(a) and (d):

(a) Commercial Tree Operations.

(1) The removal or alteration of trees planted, grown, or held for sale by lawfully established nurseries and tree farms, or trees removed or transplanted from such a nursery as part of its operation.

(2) In areas zoned Coastal Agricultural (CA), trees such as avocado, citrus, and nut bearing trees planted, grown, and presently harvested for commercial agricultural purposes. This does not include the alteration, transplanting, or removal of protected trees or their limbs that were not planted for agricultural purposes. Examples of generally accepted agricultural activities that do not require a permit include but are not limited to the following:

i. Converting land planted with for mature avocado trees to grazing (animal husbandry) or crop production uses.

ii. Replacement of mature lemon trees with young lemon trees.

iii. Thinning of trees in an orchards to allow more vigorous growth and production on the part of the remaining trees.

iv. Harvesting, planting, and tending crops and crop-type conversions (e.g., orchards to grapes, or lemon trees to avocado trees).

(b) Minor Tree Alterations.

(1) Fuel Modification Zone Maintenance. Maintenance of protected trees within the required fuel modification zone, including but not limited to alteration of a protected tree's live limbs to effectively manage fuels or to prevent the transmission of fire from native vegetation to a structure. See Section 8178-2.6.9 for maintenance requirements of retained ESHA protected trees within extended fuel modification zones.

(c) Dead or Fallen Tree or Limb.

(1) Any naturally fallen dead protected tree or dead limb that no longer exhibits the structural integrity of a healthy protected tree or limb and is determined to be a fire hazard by the Fire Department or is in danger of falling and threatening public safety, may be removed, unless that tree is classified as or located in ESHA. Naturally fallen dead trees located in ESHA shall not be removed unless that tree poses a serious nuisance (i.e., the tree blocks a primary access road) or the fallen tree poses an imminent threat to persons or property, and under such circumstances an emergency Coastal Development Permit is required. Artificial, mechanical, or human induced damage to a protected tree does not constitute a naturally fallen tree.

(2) Removal of trees destroyed by natural disaster, or a catastrophic (sudden and complete) failure (vehicle accident, structure collapse, etc.).

(3) Prior to tree removal or alteration, property owners are encouraged to submit documentation verifying the tree removal was exempt from a tree permit pursuant to Section 8178-7.7.1.

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

(a) An emergency, as defined in this Section 8178-7.5.4, is a sudden unexpected occurrence where a protected tree, because of its lack of structural integrity, demands immediate action to prevent or mitigate loss or damage to life, a significant loss of property, and where there is no feasible alternative to ensure public health and safety.

(b) In an emergency situation, tree alteration or removal may proceed without first obtaining a tree permit and shall be limited to such actions that are necessary to address an imminent hazard to life, health, property or essential public services.

(c) In an emergency situation, permit applications shall be made and processed in accordance with Section 8181-3.7. If the emergency Coastal Development Permit includes the alteration or removal of a protected tree classified as ESHA, then the following information shall be included with the permit:

(1) Two (2) to four (4) colored photographs of the affected tree. The photos shall be taken from different vantage points, clearly illustrate the reason for the request to remove or alter the tree, and should identify the tree's location relative to nearby vegetation or landmarks;

(2) Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of the affected tree(s), including any benchmarks that identify the tree location; and

(3) A summary of the measures taken during the tree removal or alteration process to minimize adverse impacts on ESHA or buffer zones.

(d) Within ninety (90) days following the issuance of an emergency Coastal Development Permit, a Planned Development Permit application for the emergency removal or alteration of a protected tree shall be submitted.

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

To protect the ecological value and visual quality of protected trees, all appropriate and practicable steps shall be taken to avoid and minimize damage to protected trees consistent with the provisions of this Section 8178-7.6. The following mitigation measures to reduce damage to protected trees shall be undertaken in the following order:

(a) Avoidance. Avoid direct and indirect impacts to protected trees through project siting and design. Adverse impacts to protected trees shall be avoided if there is a feasible alternative with less adverse impacts.

(b) Onsite Mitigation. If damage to protected trees cannot be avoided, mitigation for the removal, alteration, or transplantation of a protected tree shall be in the form of transplanting or planting replacement trees on the same property where the protected trees were impacted.

(c) Off-Site Mitigation. When avoidance or onsite mitigation is infeasible, all or in part, due to crowding or other physical constraints, transplanting or planting replacement trees may be allowed, all or in part, in an off-site location that contains suitable habitat that is sufficient in area to accommodate the numbers and required types of replacement trees. Off-site locations must be within the Ventura County coastal zone and, whenever feasible, within the same watershed in which the protected tree was removed.

(d) In-lieu Fees. In special circumstances, required tree mitigation may be in the form of an in-lieu fee into the Planning Division's Tree Mitigation Fund. The Tree Mitigation Fund cannot be used as compensatory mitigation for protected trees classified as ESHA (see Section 8178-2.10). Special circumstances shall be limited to situations where no appropriate on- or off-site locations are identified for tree replacement (i.e., on- and off-site mitigation is infeasible), and such circumstances shall be confirmed by documented site characteristics or other evidence. Mitigation measures that include payment of in-lieu fees shall be approved by the Planning Director and administered as follows:

(1) The County's Tree Mitigation Fund shall be the depository for all in-lieu fee payments.

(2) The amount of the in-lieu fee shall be established by the Planning Division using the most current edition of the International Society of Arboriculture's "Guide to Plant Appraisal," which represents the cost to replace and install a tree of the same species and size as the protected tree being removed or encroached upon. The in-lieu fee shall also include an amount to cover the costs to maintain and monitor required replacement trees for a ten-year period.

(3) The County Tree Mitigation Fund shall be used to plant protected trees at suitable sites in the coastal zone of unincorporated Ventura County and, if possible, within the same watershed as the protected tree(s) being removed. Suitable sites shall be limited to land restricted from development (public land, land owned by conservation organizations, or land subject to a conservation easement or equivalent legal instrument). Suitable sites shall also be limited to habitats that support the protected tree. Preference shall be given to sites zoned Coastal Open Space (COS), including but not limited to native tree woodland or savanna habitat areas, properties containing areas designated ESHA, or public parkland. Project funds may only be awarded to public agencies or conservation organizations. Projects selected may provide habitat restoration and shall, at a minimum, result in an equivalent number of as would occur through on-site or off-site mitigation.

(4) No more than seven (7) percent of the in lieu fees collected may be used by the Planning Division to develop and implement appropriate programs for the above-described in-lieu mitigation measures.

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

Where unavoidable adverse impacts to protected trees may result from development, including the alteration or removal of a protected tree, the impacts shall be mitigated in accordance with the following standards:

(a) Trees classified as ESHA. Compensatory mitigation requirements for protected trees classified as ESHA (Section 8178-7.3.1) shall be mitigated in accordance with Section 8178-2.10. For individual trees removed through an Emergency Coastal Development Permit, impacts shall be mitigated at a 1:1 ratio or as required by the standards in this Section.

(b) Native tree replacement shall occur as follows:

(1) Native trees shall be replaced at a ratio of no less than ten (10) replacement native trees for every native protected tree removed and for any tree alteration that results in the loss or decline in health or vigor of a native protected tree.

(2) Seedlings shall be grown from acorns collected from the same watershed the protected tree was removed from, or from nursery stock grown from locally-sourced acorns.

(3) Naturally occurring native tree seedlings or saplings that have trunks less than three (3) inches at four and one-half (4.5) feet above existing grade, growing on the same lot as the removed tree may be counted as offset replacement trees. Seedlings/saplings shall be boxed for future planting and/or protected in place as shown on the approved Tree Protection, Planting, and Monitoring Plan.

(4) When available, replacement planting locations shall be selected that provide supportive habitat (i.e., habitat characteristics similar to those found in riparian and valley/foothill woodland habitat) for the replacement trees.

(c) Historic Trees. Mitigation for the removal of a historic tree shall be determined by the Planning Director in consultation with the Cultural Heritage Board.

(d) Heritage Trees. Mitigation for the removal of a heritage tree shall be determined by the following:

(1) If the heritage tree (or grove of trees) is not an invasive or invasive watch list plant tree species and is located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include: 1) the planting of replacement trees of the same species on a 1:1 ratio; 2) the size of the replacement tree shall be comparable to the tree(s) being removed; and 3) the replacement tree(s) shall be planted in location that is close to where the heritage tree(s) was removed.

(2) If a heritage tree is not located in a public area or a prominent location as seen from public viewing areas, then mitigation shall include the planting of replacement native trees on a 1:1 ratio.

(e) Transplanted Protected Trees. In the event that a transplanted tree dies during the required ten-year monitoring period, or the tree health is poor or declining during the monitoring period, replacement trees shall be planted pursuant to Section 8178-7.6.1(a) above.

(f) Encroachment into the Tree Protected Zone. When permitted development results in encroachment within the tree protected zone, potential impacts shall be mitigated in accordance with the following standards:

(g) Emergency Tree Alteration or Removal. If an Emergency Coastal Development Permit is issued for the alteration or removal of a protected tree, the follow-up Planned Development Permit shall include corrective measures to restore and stabilize the disturbed areas after the tree has been removed in accordance with a Tree Protection, Planting, and Monitoring Plan for a non-ESHA protected tree or an ESHA Mitigation Plan for an ESHA protected tree. Alternatively, non-ESHA areas may be restored or stabilized through the application of mulch, pheromone traps or insecticides in accordance with a Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4(d). The requirements for mitigating the loss of the protected tree shall be waived unless the following applies:

(1) Tree replacement shall be at a 1:1 ratio for the emergency removal of a protected tree that is required by an approved ESHA Mitigation Plan, or Tree Protection, Planting, and Monitoring Plan.

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

No permit application is required if the proposed tree alteration or removal is exempt from the requirements for a tree permit pursuant to Section 8178-7.5.3.c., Dead or Fallen Tree or Limb. However, to verify that tree alteration or removal was authorized by Section 8178-7.5.3.c., prior to alteration or removal of the protected tree or immediately following a natural disaster or catastrophic failure that caused the protected tree or limb to fall down, the property owner should submit the following:

a. Two (2) to four (4) colored photographs of the affected tree. The photos should be taken from different vantage points, clearly illustrate the reason for the request to remove the fallen protected tree or limbs, and should identify the tree's location relative to nearby vegetation or landmarks; and

b. Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of the affected tree(s). The Site Sketch or Plan shall illustrate existing development, access, or any other identifying benchmarks to identify where the natural disaster occurred, if applicable.

c. No application fee is required.

(Ord. No. 4492, § 6, 6-21-2016)

A Zoning Clearance tree permit application shall be filed with the Planning Division for tree alteration and removal in accordance with Section 8178-7.5.2 and Section 8178-7.5.2.1. Zoning Clearance applications shall contain the following information and materials:

a. Two (2) to four (4) colored photographs of the affected tree proposed to be altered or removed. The photos should be taken from different vantage points, clearly illustrate the reason for the request, and should identify the tree's location relative to nearby vegetation or landmarks.

b. Site Sketch or Plan, drawn to scale with north arrow that shows the location and species name of trees to be removed or altered. The Site Sketch or Plan shall include existing development, access, location of protected trees in relation to site improvements, and identification of trees to be altered or removed. If tree removal or alteration is proposed because a tree interferes with an existing sewer line or structure, then the sewer line or structural interference/obstruction shall be shown and labeled on the Site Sketch or Plan. The project plans shall also indicate the tree protected zones for all protected trees and any proposed encroachments.

c. Compliance with Section 8178-7.7.4.1.1 and the requirement for a bird survey if tree alteration or removal is proposed during the bird breeding and nesting season (January 1 to September 15).

d. Arborist verification form, provided by the Planning Division, that includes written confirmation from a qualified biologist, certified arborist or qualified tree consultant that the basic tree information and site conditions described in the application form are correct.

e. If necessary, other information will be requested by the Planning Division to determine compliance with this Chapter.

(Ord. No. 4492, § 6, 6-21-2016)

A tree permit application shall be filed with the Planning Division in accordance with Section 8181-5 to alter a protected tree. Zoning Clearance with inspection applications shall contain the following information and materials:

a. Application. All items required for a Zoning Clearance permit application (see Section 8178-7.7.2 above, items a-e).

b. Inspection. A standard condition shall be included in the Zoning Clearance stating that a final inspection will be conducted by the Planning Director's designee following approval of the Zoning Clearance to verify that protected tree alterations are consistent with the approved permit.

c. Non-Compliance. If the protected tree alteration is not in compliance with the approved permit, then a qualified tree consultant shall describe, in writing, required corrective measures that include, but are not limited to, a Tree Protection, Planting, and Monitoring Plan pursuant to Section 8178-7.7.4.d.

(Ord. No. 4492, § 6, 6-21-2016)

A tree permit application shall be filed with the Planning Division in accordance with Section 8181-5 and signed by the applicant or authorized agent. A Planned Development Permit application shall include the following:

(a) Application. All items required for a Zoning Clearance permit application (see Section 8178-7.7.2 above, items (a)—(e)).

(b) Tree Transplantation Specifications. For protected trees proposed to be transplanted, the applicant shall submit a written evaluation by a qualified tree consultant that includes but is not limited to the location of roots, limits of disturbance, pre-removal treatments and care, and safety measures, to ensure the method used to transplant the affected tree will not cause the death of the tree.

(c) Tree Survey. A Tree Survey shall be submitted for the following: (1) If a protected tree is proposed to be removed or transplanted; (2) If construction or grading activities occur within a tree protected zone (see Section 8178-7.4.4); and (3) If new development requires alteration or removal of a protected tree or where any new development is proposed within a tree protected zone.

If a tree survey is required, it shall be prepared by a qualified biologist, certified arborist, or qualified tree consultant, and include the following:

(1) Contact Information. Names, phone numbers and addresses of the property owner, applicant, and project consultants, and the street address and Assessor Parcel Number (APN) of the project site.

(2) Background and Project Information. A description of the physical characteristics of the project site including topography, adjacent land uses, existing and proposed development, construction methods, timing and sequence of development activities, construction storage and staging areas, etc.

(3) Site Observations. A summary of the proposed survey method including but not limited to the date and time the survey was conducted, extent of any unpermitted protected tree alterations or removal (if applicable), evidence or knowledge of breeding, denning, or roosting by special status species, areas of potential sensitivity that may influence how the proposed tree removal or alteration would be conducted (e.g., butterfly roosting site, previous raptor nesting site, creeks and streams, wetlands or oak woodlands).

(4) An inventory and assessment of the health of all protected trees on the site.

(5) A Site Sketch or Plan, drawn to scale with north arrow and bar scale, that provides the following information:

a. The identification of trees proposed to be altered or removed by the project, as well as the location and dimension of nearby development (buildings, other structures, access roads, utilities, etc.).

b. Any proposed change in grade within the tree protected zone, shown at two-foot or less contour intervals.

c. Identification of tree species, location, trunk size, and surveyed extent of tree canopy of all protected trees.

d. Depiction of the tree protected zone for protected trees and identification of areas where proposed development encroaches into the tree protected zone.

e. Identification of trees to be transplanted and location of receiving site.

The information above may be provided separately or added to the site sketch or plan submitted for the permit application.

(6) If necessary, additional information may be requested by the Planning Division to determine compliance with this Chapter.

(d) A Tree Protection, Planting, and Monitoring Plan. A Tree Protection, Planting, and Monitoring Plan shall be prepared in the event that a protected tree is proposed for removal, alteration, or encroachment and replacement trees will be required or relocation of a protected tree. The Tree Protection, Planting, and Monitoring Plan shall be submitted prior to approval of the Planned Development Permit and shall include the following information:

(1) Recommendations for onsite or off-site mitigation measures.

(2) A requirement for a bird nesting survey to be conducted pursuant to Section 8178-7.7.4.1.1 no more than three (3) days prior to earth disturbing and/or construction activities unless such activities are conducted outside the bird nesting season (January 1 through September 15).

(3) Identification of the work area limits where tree alteration or removal will occur, including a requirement that prior to tree alteration or removal activities, flagging and stakes or construction fencing will be installed that define a boundary that contains all tree alteration or removal activities.

(4) Replacement Trees. The species and number of replacement trees to be planted as mitigation for the removal of protected trees.

(5) Replacement tree locations.

(6) Identification of protected trees to be transplanted and the receiving site.

(7) Planting specifications for transplanted and replacement trees.

(8) Tree Care. Recommendations for existing trees during construction including but not limited to pruning, irrigation, aeration, and mulching.

(9) A monitoring program pursuant to Section 8178-7.7.4(d) described above.

(10) Any other measures deemed necessary to protect, replace, or otherwise mitigate impacts associated with the proposed alteration or removal of protected trees.

(11) If necessary, additional information will be requested by the Planning Division to determine compliance with this Chapter.

(12) Any changes to an approved Tree Protection, Planting, and Monitoring Plan shall only be approved in accordance with Section 8181-10.4.2.

(e) Agricultural Commissioner Verification. If removal of one (1) or more protected trees in a tree row presently serving commercial crop production is proposed, the Agricultural Commissioner shall verify in writing that the proposed action will not increase the potential for loss of agricultural soils due to increased wind erosion. If the Agricultural Commissioner determines the tree removal will result in the loss of agricultural soils, a Planned Development Permit pursuant to Section 8178-7.5.1 shall be required.

(f) Farm Plan. If a protected tree is removed for the purpose of expanding existing or the establishment of new crop production, a farm plan shall be prepared.

(g) Structure or Sewer Line Verifications.

(1) Structure. If a protected tree is proposed to be altered or removed because the tree interferes with an existing structure (e.g., a sidewalk or house foundation), then the applicant must submit written verification from a licensed structural engineer or licensed building contractor that the alteration of the tree(s) is necessary to avoid structural damage. Verification must be submitted, and must include the engineer or contractor's license number and contact information, the parcel address, and a brief description of the tree, its location, the nature of the interference or obstruction, and alternatives available to avoid tree removal or alteration.

(2) Private Sewer Line. If a protected tree is proposed to be altered or removed because a tree interferes with an existing sewer line, the necessity of the proposed action, and alternatives available to avoid tree removal or alteration must be verified by a qualified plumbing contractor, sewer service provider, or other qualified professional approved by the Planning Director.

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

Footnotes:

--- (8) ---

Editor's note— Ord. No. 4586, adopted Oct. 19, 2021, amended Sec. 8178-7.7.4 in its entirety to read as herein set out. Former Sec. 8178-7.7.4, §§ 8178-7.7.4.1—8178-7.7.4.1.4, pertained to similar subject matter, and derived from Ord. No. 4492, § 6, adopted June 21, 2016.

Following the approval of a Planned Development Permit, the applicant shall obtain Zoning Clearance pursuant to Section 8181-3.1. Such Zoning Clearance application shall include the following:

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

If tree alteration, transplantation, or removal occurs during the bird nesting season (January 1 through September 15), the permittee shall provide a Bird Nesting Survey Report that includes, but is not limited to, a schedule for breeding and nesting bird surveys and construction protocols. The bird breeding and nesting protocol shall conform to the following:

(a) A qualified biologist or ornithologist shall perform an initial breeding and nesting bird survey thirty (30) days prior to the initiation of construction or tree modification activities. The project site must continue to be surveyed on a weekly basis with the last survey completed no more than three (3) days prior to the initiation, or re-initiation, of construction or tree modification activities.

(b) All trees to be altered or removed and areas three hundred (300) feet from these trees (or five hundred (500) feet for active raptor nests), shall be surveyed for bird breeding and nesting behaviors, herein called the "survey area."

(c) The qualified biologist or ornithologist shall walk the entire "survey area" to determine if juveniles are present and, if they have fledged any nests, evaluate whether any adults appear to be starting a new clutch (preparing to mate and lay eggs).

(d) After inspecting all trees for active nests in the specific area scheduled for tree alterations or removal, the qualified biologist or ornithologist shall identify those trees containing active nests with temporary fencing, caution tape, flags, ribbons, or stakes.

(e) The qualified biologist or ornithologist shall prepare a Bird Nesting Survey Report that includes but is not limited to the following:

(1) The results of the initial nesting bird survey and a plan for continued surveys.

(2) Protocols and methods that will be implemented to avoid and minimize impacts to nesting birds including establishment of mandatory setback areas during construction of the project.

(f) The qualified biologist or ornithologist shall conduct a pre-construction meeting, to be held no more than three (3) days prior to the initiation of tree altering or removal, to instruct the qualified tree trimmer and permittee to avoid disturbing all trees within the "survey area" during scheduled tree alterations or removal.

(g) In the event the qualified tree trimmer discovers an active nest (eggs, nest construction, other evidence of breeding) not previously identified by the project's qualified biologist or ornithologist, the qualified tree trimmer shall immediately cease all alteration or removal activities in that area of operation and notify both the qualified biologist or ornithologist and the Planning Division. Thereafter, the qualified biologist or ornithologist must perform re-inspection of the tree containing an active nest following the procedures described in this Section.

(h) If active nests are found, construction or tree modification activities within the relevant setback area (i.e., the 500-foot setback for raptors and 300-foot setback for all other birds as described in Section 8178-7.7.4.1.1(b), above) shall be postponed or halted. If tree alteration or removal activities must be performed within three hundred (300) feet of a tree with an active nest five hundred (500) feet in the case of an active raptor nest) due to an imminent threat to persons or property, the work must be performed with hand tools.

(i) Construction activities may commence, or re-commence, in the relevant setback area (i.e., the 500-foot setback for raptors or colonial breeding sites and 300-foot setback for all other birds as described in Section 8178-7.7.4.1.1(b), above) when the nest is vacated (juveniles have fledged) provided that there is no evidence of a second attempt at nesting, as determined by the County-approved biologist.

(j) Inactive/unoccupied nests may be removed only after a qualified biologist or ornithologist documents and photographs the occurrence and confirms that the nests are inactive and unoccupied. Copies of photographs and reports shall be filed with the Planning Division.

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

If tree alteration, transplantation, or removal is proposed during the monarch butterfly overwintering season (October 1 through March 31), the Permittee shall provide a Monarch Butterfly Survey Report that conforms to the requirements of Sections 8178-2.7.8, 8178-2.10.7(d) and Appendix E1, Section AE-1.3.2(g). See Section 8178-2.6.13(g) for construction and removal requirements associated with special status species in ESHA protected trees pursuant to Section 8178-7.4.2.

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

If an in-lieu fee is approved as part of a Planned Development Permit, the permittee shall submit payment of the in-lieu fee in accordance with Section 8178-7.6(d). Payment shall be made by certified or cashier's check.

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

The permittee shall provide a copy of a signed contract (financial information redacted) for the following services:

(a) The preparation and implementation of a Bird Nesting Survey and Report by a qualified biologist or ornithologist including any monitoring of any active/occupied nests discovered.

(b) Tree alteration, transplantation or removal by a qualified tree service company or qualified tree trimmer that includes but is not limited to: qualifications of the individuals responsible for conducting the work to be performed; scope of work; tree removal and alteration specifications; and schedule.

(c) The preparation and implementation of a Monarch Overwintering Survey and report by a qualified biologist (see Appendix E1 and Section 8178-2.10.7(d)).

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

As set forth in the conditions of the discretionary entitlement for the project requiring the submittal of a Tree Protection, Planting, and Monitoring Plan, the permittee shall submit Annual Monitoring Reports in accordance with the following.

a. An Annual Monitoring Report shall be prepared by a qualified tree consultant to ensure replacement trees are healthy and growing normally and procedures for periodic monitoring and implementation of corrective measures are implemented in the event that the health of a replacement or transplanted tree declines. Monitoring shall be required for the following:

1. Replacement trees required to mitigate for the removal of a protected tree including volunteer native tree saplings counted as mitigation.

2. Protected trees that have been transplanted.

b. Monitoring shall be performed by a qualified tree consultant and include but not be limited to the following inspections:

1. During grading and construction, the qualified tree consultant shall confirm tree project construction standards pursuant to Section 8178-7.4.4 are implemented and if necessary require immediate corrective action where standards are not being met.

2. Prior to final inspection by the Building and Safety Division, or prior to the Zoning Clearance expiration date, a site inspection shall be conducted by the Planning Division and the qualified tree consultant to verify that all replacement or transplanted trees were installed per the approved Tree Protection, Planting, and Monitoring Plan.

3. As needed inspections to evaluate compliance with the health performance targets in the approved Tree Protection, Planting, and Monitoring Plan.

c. Monitoring reports shall be submitted annually to the Planning Division for a minimum ten (10) year monitoring period that demonstrates the continued viability of native tree seedlings/saplings and/or native replacement trees.

d. For replacement trees that have not successfully been established the annual monitoring report as required (or intervening report) shall provide recommendations from a qualified tree consultant that include but are not limited to the application of soil amendments, insecticides or other treatment, or planting alternate trees in the same or new locations, if necessary. The conditions of approval for the permit shall not be met until all replacement trees are capable of surviving without artificial inputs, the need for physical protection measures and supplemental watering; however, in no case shall the monitoring period be less than the monitoring period pursuant to Section 8178-7.7.5.c. above.

e. No additional monitoring reports are required if, at the end of the ten (10) year monitoring period, and after a final inspection is conducted by the Planning Division, the following findings are made:

1. The replacement or transplanted protected trees are in good health as documented in the monitoring report by the qualified tree consultant,

2. All protected trees are capable of surviving without artificial inputs, physical protection measures, or supplemental watering; and

3. The applicant has satisfied the tree mitigation conditions of the permit.

f. The annual report shall be submitted for review and approval by the Planning Division and maintained on file as public information.

(Ord. No. 4492, § 6, 6-21-2016)

a. Street Tree Removal at County Public Works Agency Request. If the Public Works Agency issues a written notice to a property owner to prune or remove a street tree and/or repair an existing sidewalk, the property owner shall have ninety (90) days from the date of the Public Works Agency's written notice to obtain an encroachment permit from County Public Works Agency to complete the required repairs.

b. Street Tree Removal at Property Owner's Request. If a property owner proposes to remove a street tree, the property owner will be responsible for obtaining an encroachment permit from the Public Works Agency prior to removing the street tree.

(Ord. No. 4492, § 6, 6-21-2016)

The purposes of the landscaping and screening requirements of Section 8178-8 are to:

a. Provide Visual Relief and Integration. Landscaping enhances the aesthetic quality of the built environment, adding visual interest to blank facades, expanses of pavement, vehicular transportation corridors, and other potentially barren areas. Required landscaping also helps integrate large-scale buildings and other incompatible features into the surrounding community or natural setting.

b. Screen undesirable public views and separate incompatible land uses. Landscaping reduces the impact of development by screening equipment, service and storage areas, glare, trash enclosures, parking areas, and other uses or features that visually detract from, or are incompatible with, surrounding development.

c. Shade Buildings and Pavement. Landscaping provides shade for buildings and large areas of pavement, which reduces heat gain within buildings or atmospheric heating from paving. Landscaping helps create comfortable conditions where people live, work, park vehicles, walk, or use outdoor spaces.

d. Support Public Health. Landscaping is used to define and enhance public and private recreational areas, and to enhance pathways used for pedestrian circulation. The availability of recreational areas and public trails contribute to overall public health.

e. Retain and Treat Stormwater. Landscaping can provide stormwater retention and treatment when adequate site conditions are present.

f. Support Ecosystem Functions. Landscaping can provide a plant palette that includes climate-appropriate native trees and plants characteristic of the diverse coastal areas of Ventura County and that provide habitat for wildlife.

g. Stabilize Slopes and Control Erosion. Landscape plants can stabilize soils to limit erosion.

h. Use Water Efficiently. New or updated landscaping helps minimize wasted water through water-efficient design.

i. Implement the California Model Water Efficient Landscape Ordinance, set forth at Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations.

(Ord. No. 4492, § 6, 6-21-2016)

a. Section 8178-8 shall apply to the following discretionary projects:

1. All discretionary development where a Landscape Plan is required pursuant to the Coastal Zoning Ordinance (Chapter 1.1).

2. All development located within one thousand (1,000) feet of publically owned park lands in the Coastal Open Space (COS) Santa Monica Mountains (M) Overlay zone.

3. The following grading activities, unless previously addressed in a discretionary permit:

i. Excavations for wells, tunnels, or trenches for public utilities.

ii. Grading for access roads or pads created for exploratory excavations.

iii. Estimated earthwork that generates more than fifty (50) cubic yards.

4. Residential development with a landscape area equal to or greater than five hundred (500) square feet.

5. All development located in areas zoned Coastal Commercial (CC) or Coastal Industrial (CM), all government facilities (such as fire and police stations) located in all zones, and facilities, such as libraries, schools and hospitals developed for assembly uses, located in all zones.

6. Parking lots that contain four (4) or more parking spaces.

7. Landscaping within required fuel modification zones.

8. Rehabilitated landscape projects.

9. All Habitat Restoration Plans.

(Ord. No. 4492, § 6, 6-21-2016)

Notwithstanding Section 8178-8.2(a) above, Section 8178-8 does not apply to the following facilities and development sites:

a. Above-ground public utilities in the public right-of-way.

b. Cultural heritage sites where installation of landscaping pursuant to Section 8178-8 will compromise the historical integrity of that site.

c. Exhibit areas within botanical gardens or arboreta.

(Ord. No. 4492, § 6, 6-21-2016)

a. Unless otherwise stated in the subject discretionary permit or permit modification, the landscape area of the lot(s) where the development is located shall comprise no less than the minimum lot coverage for the applicable zone as specified below, with the landscape area percentages computed on the basis of the lot's or lots' net area.

1. Coastal Industrial (CM): five (5) percent

2. Coastal Commercial (CC): ten (10) percent

3. Residential, Institutional and other uses: As specified by the subject discretionary permit or permit modification.

b. Up to ten (10) percent of the required landscape area may be covered with hardscapes such as pathways, patio areas, gazebos, or public art. Additional hardscapes are permitted, but shall not be applied towards the minimum required landscape area.

c. A larger landscape area may be required to fulfill landscaping requirements of Section 8178-8.

(Ord. No. 4492, § 6, 6-21-2016)

The following standards apply to all landscape areas required under this Section 8178-8.

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

(a) Native, fire-resistant and drought-tolerant vegetation shall be used for landscaping with the following exceptions:

•

Drought tolerant, non-native, non-invasive or non-invasive watch list species vegetation may be used when located within the approved building site for discretionary projects.

•

Drought tolerant plants, and fire resistant non-native plants approved by the Ventura County Fire Protection District, may be used in the fuel modification zone except when located within an buffer zone.

•

When located in areas not conducive to native plant establishment.

Invasive and invasive watch list plant species are prohibited.

(b) Landscape areas shall include a variety of plant species, heights, colors and textures and shall be installed according to size constraints, spacing requirements and compatibility with the surrounding area.

(c) The plant palette for a ESHA Mitigation Plan or Tree Protection, Planting, and Monitoring Plan shall be restricted to locally-indigenous native vegetation.

(d) Landscaping shall be sited and designed to protect coastal resources, including ESHA, scenic resources, water quality, and water supply.

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

(a) All existing protected trees may be incorporated into the landscape area unless removal is separately permitted as part of the proposed development pursuant to Section 8178-7.5.1, Planned Development Permit.

(b) Existing non-invasive vegetation may be integrated into the landscape plan provided existing vegetation is compatible with required landscaping.

(c) Existing vegetation that is considered invasive or invasive watch list species shall be removed from the landscape area.

(d) Existing vegetation that will remain shall be protected and maintained during the construction phase of the development.

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

(a) Trees required to be planted as a mitigation measure or as part of an approved Landscape Plan shall comply with the following standards:

(1) Native Trees. The planting of native trees shall comply with the planting specifications included in the Tree Protection, Planting and Monitoring Plan. (See Section 8178-7.7.2.)

(2) Non-Native Trees. The planting of new, non-native trees is subject to the following requirements:

a. Non-native trees shall not be planted in ESHA or associated buffer zone;

b. In the Coastal Open Space (COS) zone, the planting of new non-native trees shall be restricted to the approved building site only; and

c. In the Coastal Industrial (CM) zone, non-native trees shall be restricted to developed areas for the purpose of screening approved structures.

(b) Replacement trees shall be planted immediately after grading activities are completed for site development or in accordance with the approved Tree Protection, Planting and Monitoring Plan.

(c) The planting of invasive or invasive watch list species of trees is prohibited in the coastal zone.

(d) In the Coastal Open Space (COS) and Santa Monica Mountains (M) overlay zone, only native trees shall be used in the landscape area.

(e) Trees shall be planted wherever adequate space is available, except in the following circumstances:

(1) Non-native trees shall not be substituted for native trees when native trees are used to fulfill a mitigation measure for the development.

(2) New trees at maturity shall not extend into overhead utility lines.

(f) At least one (1) tree shall be planted in any required landscape planter. Additional trees shall be planted if adequate spacing between trees can be provided.

(g) Trees shall not be planted where they would generate substantial interference with the operation of approved lighting fixtures.

(h) Trees shall not be planted where they would interfere with site access driveways, access to fire suppression equipment such as hydrants.

(i) Trees shall not be located where the tree will interfere with public accessways, public access easements, or where they would otherwise interfere with coastal access.

(j) Trees shall not be planted closer than ten (10) feet from the rear of any traffic or directional sign and twenty-five (25) feet from the front of any traffic or directional sign. Trees shall be set back further from such signs if necessary for traffic safety.

(k) Trees located in parking lots shall be kept trimmed to maintain at least eight and one-half (8½) feet of ground clearance for adjacent parking spaces and pedestrian areas, and shall maintain at least thirteen and one-half (13½) feet of vertical ground clearance over driveways and drive aisles.

(l) The tree protection zone of a tree shall be kept free from other types of landscaping except as allowed by Section 8178-7.4.1.

(m) Trees shall not be planted where the tree would reduce visibility within a clear sight triangle.

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

Street trees required as a condition of approval of a discretionary permit, or that are proposed within a public road right-of-way, shall be installed in conformance with the following:

(a) New street trees shall comply with the Ventura County Public Work Agency's required setbacks from edge of sidewalk, except when tree wells are provided in the sidewalk.

(b) Street trees shall be planted where the tree's growth will not damage the components of the street (sidewalk, curb/gutter, etc.) or overhead utility lines.

(c) Street trees shall be selected and planted so the tree does not interfere with pedestrian or vehicular circulation.

(d) When street trees are provided, they shall be spaced an average of forty (40) feet on center.

(e) Street trees shall be single trunk, not multi-trunked species.

(f) The planting of any street tree shall comply with Section 8175-3.8 and the planting specifications prescribed by the County Public Works Agency or qualified tree consultant.

(g) Should a street tree be removed that is part of an approved landscape plan, that tree shall be replaced pursuant to Section 8178-7.5.2.2.

(h) The applicant shall obtain a separate encroachment permit from the Ventura County Public Works Agency prior to installing a street tree.

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

Shrubs are used within a landscape area to provide foliage, texture, and color to landscape themes. Shrubs provide variety of height and mass within a landscape area, bring buildings into human scale, provide privacy for outdoor areas, and screen undesirable views.

Shrubs should be included in a landscape area and shall comply with the following:

(a) One- to 15-gallon size shrubs shall be planted and spaced in accordance with their size at maturity but no less than one (1) shrub for every five (5) linear feet of landscape planter or fraction thereof.

(b) Hedges and shrubbery over three (3) feet in height are prohibited within parking lot islands and clear site triangles.

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

Groundcover, when established, can prevent the germination of weeds, protect soil from erosion and water loss, provide habitat and cover for beneficial insects, and function as an attractive element within a landscape.

Groundcover shall be incorporated into the landscape area using the following standards:

(a) Irrigated groundcovers may be planted from root cuttings or applied as hydromulch.

(b) Groundcover applied as hydromulch is subject to the following:

(1) The hydromulch must be comprised of a locally-indigenous native seed mix.

(2) Hydromulch seeds should be applied following the first measurable rainfall in the fall of the year or a temporary irrigation method shall be provided to ensure germination and initial growth.

(3) Such planting shall be adequate to provide ninety (90) percent coverage within ninety (90) days. Additional applications shall be repeated as necessary to provide such coverage.

(c) Manufactured (human-made) slopes shall be planted with groundcover. See Section 8178-8.4.2.5.1(c).

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

The typical California lawn can require several times more water than groundcover consisting of native or other drought-tolerant plants. To help reduce urban water demand for outdoor purposes, the installation of turf shall be limited to the following:

(a) Unless a modification is granted pursuant to Section 8178-8.7, turf shall not exceed twenty-five (25) percent of the landscape area for residential development and no turf shall be allowed in non-residential development except as authorized by Section 8178-8.4.1.5(b) below.

(b) A higher percentage of irrigated turf on sports fields, golf courses, playgrounds, parks, bioswales, or other areas may be approved to serve a functional need. The use of irrigated turf within these areas shall be minimized to the greatest extent possible.

(c) All turf shall be a warm season variety, except within areas used for recreation, which may use cool season varieties.

(d) Turf shall not be used on slopes greater than ten (10) percent, except within designated stormwater management areas.

(e) Turf shall not be planted in street medians, traffic islands, landscape planters, or bulb-outs of any size.

(f) Approved turf shall be irrigated by sub-surface irrigation or by technology that creates no overspray or runoff.

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

To conserve moisture and improve the fertility and health of the soil, a layer of mulch shall be applied to landscape areas as follows:

(a) Whenever possible, prior to any earth disturbance, topsoil shall be removed and stockpiled for future use. Topsoil shall be spread as the final surface layer of soil (prior to the application of mulch) in the landscape area, except when the soil is characterized by invasive or invasive watch list plant species and seeds.

(b) Exposed soil in all non-turf and non-groundcover landscape areas shall be covered with at least three (3) inches of mulch but no more than twelve (12) inches in depth.

(c) Except as allowed by Section 8178-8.4.1.6(c) below, organic mulch materials shall be used in required landscape areas. Composted organic material is preferred over other products such as bark and wood chips.

(d) The following inorganic materials may be used in conjunction with organic mulch, subject to the following limitations:

(1) Plastic. Opaque plastic tarps may be used to cover an area of soil for the purpose of killing weeds and preventing germination of weed seeds. Plastic tarps shall be temporary and removed within six (6) to eight (8) weeks from the date of installation.

(2) Stone/Gravel. May be used for stormwater management landscaping. When used for other purposes, stone/gravel is considered hardscape subject to the limitations specified by Section 8178-8.3(b).

(3) Sand. May be used to improve the drainage characteristics of the soil.

(4) Landscape Fabric. On property with steep slopes, landscape fabric may be used to control erosion and stabilize or protect plants from rain water and soil washout. A minimum two (2) to three (3) inches of organic mulch shall be placed over the landscape fabric to prevent weed growth and to promote plant growth.

(e) Mulch is not considered groundcover for the purpose of meeting minimum landscape requirements.

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

(a) Crime Deterrence. To avoid potential interference with police surveillance, landscaping required for discretionary projects in the Coastal Commercial (CC) and Coastal Industrial (CM) zones shall not obstruct views of exterior doors from an adjacent public street. Plants also shall not block security light sources or restrict access to emergency apparatuses.

(b) Clear Sight Triangles. Landscape areas shall provide plantings that are consistent with safe sight distances for vehicular traffic as required by Section 8175-3.8. No landscaping material (plants and hardscape) shall exceed the three-foot height limit within a required clear sight triangle. The landscape plan shall include measures that ensure that the required safe site distance is maintained.

(c) Fuel Modification Zones. See Section 8178-8.4.2.3 for landscape development standards within a fuel modification zone.

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

New vegetation shall not be planted that would impair the function of an existing building using passive solar heat collection or that would cast a shadow greater than ten (10) percent of the collector absorption area on existing solar collector surface or photovoltaic cells at any time between the hours of 10:00 a.m. and 2:00 p.m.

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

Public art, including but not limited to a mural or sculpture, is a landscape feature that, if proposed for inclusion in the landscape area, must be included in the landscape documentation package submitted pursuant to Section 8178-8.8. Such art shall be consistent with the resource protection policies and provisions of the LCP and shall comply with the following:

(a) The art shall complement the scale, materials, form and content of the development where it is located.

(b) The art shall conform to height and setback standards pursuant to Section 8175-2, Schedule of Specific Development Standards by Zone.

(c) The art should be designed to last as long as the related building or structure and be vandal/theft resistant.

(d) The art shall not contain advertising.

(e) The permittee shall maintain the public art.

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

To provide for an attractive landscape appearance, the following specific standards, where applicable, apply to all landscape areas required under this Section 8178-8.

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

Perimeter landscaping provides a physical and visual separation between development and the public right-of-way. Perimeter landscaping shall include the following:

(a) Minimum Planter Area. Landscaped planter areas shall be a minimum of four (4) feet wide (including curbs). Narrower landscaped planter areas may be permitted, but shall not be counted toward meeting the minimum landscape area site coverage requirements.

(b) Landscape Strip. A landscape strip shall be provided along property lines adjacent to the public or private street right-of-way as follows:

(1) For commercial and institutional land uses, the landscape strip shall be at least five (5) feet wide.

(2) For industrial land uses, the landscape strip shall be at least ten (10) feet wide, except for parcels zoned Coastal Industrial (CM) that are developed for oil and gas production that cannot be seen from the public rights-of-way. In such cases, a landscape strip is not required.

(3) The landscape strip shall be measured from the inside edge of the public right-of-way.

(4) Frontage perimeter landscaping may be crossed by walkways and access drives.

(c) Bus shelters may be located within the perimeter landscape area but the area occupied by a bus shelter shall not count towards the required minimum landscape area.

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

Landscaping and other screening features can be used to define an area, modify or hide a view, create privacy, block wind and dust, control noise, filter light, and direct traffic flow. The following standards shall apply to "landscape and other screens" proposed or required for developments where structures are visible from public viewing areas. Where feasible, landscape screens shall be the preferred method of screening.

(a) Plants shall be used as a landscape screen for the following structures:

(1) A blank wall or building façade (e.g., lacks windows, doors, or other type of articulation) of a commercial, industrial, or multifamily building that can be seen from a public viewing area.

(2) Fences and walls greater than six (6) feet in height, with the exception of fences used for farm or ranch purposes as provided by Section 8174-6.1(a)(2).

(3) Non-commercial antenna and wireless communication facilities that are prominently visible from a public viewing area.

(4) Trash enclosures, with the exception of single-family residential lots served by individual trash and recycling containers (64-gallon or smaller).

(5) Outdoor storage of materials and equipment accessory to commercial, industrial, institutional, and multi-family residential uses that exceed a height of six (6) feet.

(6) Above ground utility structures including, but not limited to, an electrical transformer box, gas meter, telephone switch box, and backflow prevention device that are located outside of the public right-of-way and in public view unless a waiver is granted pursuant to Section 8178-8.7.

(7) Hardscape landscape elements such as retaining walls, cut-off walls, abutments, bridges, and culverts that are located within a public viewshed.

(8) Materials loading areas adjacent to a street, residentially zoned parcel, or residential land use.

(b) Landscape or other screening methods shall not be used as a substitute for project alternatives such as re-siting or reducing height or bulk of structures.

(c) Landscape screens may be in the form of dense hedges, tree rows, or other plant configurations. Where the screening would be visible from a public viewing area, the landscape screen shall be visually compatible with the surrounding area. Landscape material shall be selected based on the following:

(1) Size, Scale and Type of Plant Material. Establish compatibility through plant material selections that are similar in size, scale and type to plant materials in the surrounding area. Plants shall be selected based on their size at maturity, shall enhance views of the coastal areas, and shall not hinder or block coastline views from public viewing areas.

(2) Landscaping in Public Places and Commercial Areas. Landscape screens shall improve the visual character of public facilities and commercial businesses by utilizing a diverse selection of plants that provide visual interest, color, and contrast.

(3) Use Native Plants. A landscape screen should utilize native tree or plant species that are similar to, and compatible with, nearby natural habitats.

(4) Enhance Abandoned Areas. Landscape screens shall visually hide or improve areas where landscaping is non-existent or neglected. Existing shrubbery and trees shall only be allowed if the existing plant material can be revitalized and used to augment and blend with the new plant material.

The following projects shall include information that demonstrates compliance with the above standards: large projects, development within a half-mile of a scenic highway, projects located on a prominent ridgeline, and at the request of the Planning Director. To demonstrate compliance, the applicant shall submit photographic simulations that show how the landscape screen will blend with the surrounding environment, avoid being a visual point of interest, and not significantly detract or degrade the public view.

(d) Where the plants are intended to form a dense hedge, a minimum of fifty (50) percent of the plants shall be 15-gallon container size or greater and the rest shall be five-gallon container size or greater. The applicant shall demonstrate that the plants, at maturity, will form a dense hedge.

(e) Where plants alone do not provide sufficient landscape screening pursuant to (d) above, a landscape screen shall be composed of a landscaped berm or solid wall plus plant material that complies with the following:

(1) Where walls are used, the wall shall be set back a minimum of four (4) feet from the property line. Trees and shrubs shall be planted in front of a wall that is visible from a public viewing area.

(2) Where earth berms are used, the berm slope shall be a maximum one (1) foot rise for every three (3) feet of linear distance (3:1 horizontal to vertical).

(3) At the discretion of the Planning Director, see-through fencing may be substituted for a wall or berm. (See Section 8175-3.11.) Where see-through fencing is visible from a public viewing area, such fencing shall be set back a minimum of four (4) feet from the property line and trees or shrubs shall be planted in front of the fence.

(4) The plant material shall comply with Section 8178-8.4.1.

(f) Height of landscape screens.

(1) Except as provided in Section 8178-8.4.2.2(e)(2) and (3) above, a landscape screen located within a setback area adjacent to a public street shall have a maximum height of three (3) feet.

(2) Landscape screens installed along interior lot line(s) shall have a maximum height of six (6) feet.

(3) When located within a public viewshed, landscape screens that only use plant material for the purpose of blocking objectionable views (e.g., exterior storage, or manufacturing/production equipment) shall be tall enough to conceal the storage, equipment, or structure. If walls or fences are used and are in excess of six (6) feet, a Planned Development Permit is required pursuant to Section 8174-5.

(g) Where the ground level adjoining the street is below or above street grade, the visual screen height may be reduced or increased, as determined appropriate by the applicable County decision-maker, when the height adjustment achieves the same objective as standard height requirements.

(h) At the time of installation, the screening must be at least forty (40) inches high. The 40-inch height can be achieved by the landscape, berm, wall, or combination thereof.

(i) Trash enclosures shall be constructed with masonry or wood walls. Chain-link is prohibited. Finishes and colors shall be similar to the building materials of the primary structure(s) on the site.

(j) The required height and visual opacity (density) of landscape screening shall be achieved within three (3) years of installation. An exception shall be provided for trees, where a five-year period is allowed when needed to meet the performance criteria.

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

Landscaping in a fuel modification zone shall be designed, installed and maintained in conformance with the following standards:

(a) Except as provided in subsection "b" below, only drought tolerant and fire resistant native and non-native plant species, as recommended by a qualified biologist, shall be used in the first one hundred (100) feet of mandatory fuel modification zones. Invasive or invasive watch list plant species are prohibited as inventoried by the California Invasive Plant Council.

(b) To help preserve and protect ESHA, the following standards shall apply to landscaping within the fuel modification zone when development abuts or is adjacent to ESHA or is within a buffer zone:

(1) Fuel modification zones within ESHA or a buffer zone shall consist only of locally indigenous, native plant species as recommended by a qualified biologist and be in accordance with an approved Fuel Modification Plan or ESHA Vegetation Management Plan (see Section 8178-2.6.9). Invasive and invasive watch list plants are strictly prohibited as inventoried by the California Invasive Plant Council;

(2) Where complete removal of the vegetation is not required by the Ventura County Fire Protection District, fuel load shall be reduced through vegetation thinning or mowing (see Appendix E2, Section AE-2.5);

(3) The disturbance of wildlife and special status species, including nesting birds, shall be avoided during the removal, thinning, or alteration of vegetation;

(4) Vegetation within a fuel modification zone that overlaps with ESHA or buffer zone shall provide native transitional habitat for abutting ESHA while meeting fire protection requirements consistent with the landscaping requirements in Section 8178-8.4.2;

(5) No permanent irrigation systems shall be installed within ESHA or buffer zone, except when such systems are located in a mandatory fuel modification zone and within fifty (50) feet of a legally established habitable structure; and

(6) When allowed by the Ventura County Fire Protection District, trees classified as ESHA shall be retained within all or a portion of a fuel modification zone that overlaps with ESHA or buffer zone.

(c) Except as permitted by Section 8178-7.5.4 or required by the Ventura County Fire Protection District Ordinance and defensible standards, in no case shall the fuel modification zone result in the removal of a native tree or create a bare ring of earth around structures. Other vegetation may be retained provided it avoids the spread of fire to other vegetation or to a building or structure and is located and maintained as follows:

(1) Tree canopies and shrubs shall be spaced in accordance with Ventura County Fire Protection District defensible standards.

(2) All trees and shrubs shall be trimmed to a minimum vegetative (leaf and branch) clearance in accordance with Ventura County Fire Protection District defensible standards.

(d) All vegetation and mulch proposed to be planted in the fuel modification zone shall be consistent with the Fuel Modification Plan for the site authorized by the Ventura County Fire Protection District.

(e) Approved landscaping installed within a required fuel modification zone shall be maintained for the life of the project.

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

The plant palette for a landscape area within environmentally sensitive habitat areas (ESHA) or buffer zones shall be in accordance with an approved ESHA Mitigation Plan, ESHA Vegetation Management Plan, Landscape Plan or Tree Protection, Planting, and Monitoring Plan, as applicable and shall consist of locally-indigenous native plant species as recommended by a qualified biologist. See standards in Sections 8178-8.4.2.3(b) and 8178-2.6.13(f).

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

To minimize erosion, sedimentation, slope instability, and degradation of water quality due to surface water runoff, the following slope landscaping measures shall be implemented.

(Ord. No. 4492, § 6, 6-21-2016)

Grading activities pursuant to Section 8178-8.2.a.4. that may require the revegetation of disturbed slopes shall be designed and maintained in compliance with the following revegetation measures:

a. All graded and disturbed areas shall be landscaped or otherwise revegetated at the completion of grading.

b. A combination of locally-indigenous native hydro-seed mix, plants, trees, shrubs, mulching, and other suitable stabilization methods shall be used to protect soils subject to erosion to assure soil stabilization and to promote varying height and mass of landscaping.

c. Manufactured Slopes. Cut and fill slopes three (3) feet in height or greater shall be planted pursuant to the following standards:

1. If permanent groundcover is applied as hydromulch, there shall be a minimum of one (1) shrub for every one hundred twenty-five (125) square feet of slope area.

2. If rooted cuttings are utilized as groundcover, there shall be one (1) shrub for every three hundred (300) square feet of slope area.

3. There shall be a minimum of one (1) native tree for every five hundred (500) square feet of slope area.

4. Sloped areas are subject to the following:

i. Slopes less than eight (8) feet in height are not required to be planted in shrubs.

ii. Slopes less than five (5) feet in height are not required to be planted with trees.

d. A mix of one-gallon and 15-gallon trees and shrubs shall be used to promote varying height and mass.

(Ord. No. 4492, § 6, 6-21-2016)

a. The siting and design of stormwater management landscaping shall be reviewed and approved by the Public Works Agency for conformance with regulations aimed at stormwater quality control. Landscape design features shall include but not be limited to the following:

1. Graded surfaces shall convey runoff to bioretention stormwater treatment facilities, vegetated swales, and other landscape areas.

2. To avoid flooding, overflow from large storms shall discharge to another landscaped area or the storm drain system.

3. The designed water flow shall not cause erosion or damage to required parking area features and pavement.

4. Plant material shall be selected to withstand inundation of water and be capable of pollutant uptake. Stormwater management landscaping shall not interfere with the movement of vehicles, pedestrians, or bicycles and shall not impede public access to the shoreline.

b. Stormwater management landscaping may count towards the required minimum site coverage for the landscape area if the following criteria are met:

1. The stormwater management landscaping does not compromise the number, type, size, location, or health of protected trees.

2. The stormwater management landscaping does not compromise required landscape screening requirements.

(Ord. No. 4492, § 6, 6-21-2016)

All open (uncovered) automobile parking lots shall be landscaped in accordance with the following:

a. Minimum Parking Lot Landscaping. Landscaping shall be computed on the basis of the net parking facilities, which includes parking stalls, access drives, aisles and walkways, but shall not include required landscaping adjacent to streets.

b. Open parking areas shall consist of at least six (6) percent landscaping, which is counted toward the minimum landscape area requirement, except that no parking lot landscaping is required when there are fewer than four (4) parking spaces.

c. Parking structures and covered parking spaces are exempt from these requirements but may be conditioned on a case-by-case basis to ensure the purposes of this section are met.

d. New commercial and institutional projects with more than ten (10) motor vehicle spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, and special design elements. Public art may be used, and is encouraged, in conjunction with these elements. Such art should meet the provisions of Section 8178-8.4.1.9.

e. Landscaping shall be designed so that pedestrians are not likely to cross landscape planters to reach building entrances.

(Ord. No. 4492, § 6, 6-21-2016)

Parking lots shall include interior landscaping as outlined below.

a. Planter Dimensions.

1. Strip Planters. Interior parking lot strip planters shall measure at least four (4) feet wide (inside dimension).

2. Finger Planters. Finger planters shall be at least five (5) feet wide (inside dimension) and the length shall be the same as the parking space (typically, eighteen (18) feet).

3. Tree well planters shall be a minimum of sixteen (16) square feet, (inside dimension).

b. All parking lot landscape planters shall be protected from vehicular damage by a raised curb or a wheel stop. The raised curb or wheel stop shall be at least four (4) inches in height.

1. Where curbs around landscape planters function as wheel stops, plants and other landscape features in the outside two (2) feet of these planters shall not extend more than two (2) inches above the four (4) inch curb or wheel stop.

2. Curbs adjacent to landscape planters may contain cuts or notches to allow stormwater to pass into the planter if part of a landscaped stormwater management system.

c. Preferred Layout. The preferred layout for the interior landscaping of parking areas is set forth below.

1. A minimum eight (8) foot wide (inside dimension, inclusive of any bumper overhang) landscape planter shall be provided between the street and a parking lot, except at driveways, pedestrian pathways, and other pedestrian spaces.

2. The ends of each row of parking spaces should be separated from drive aisles, driveways, or buildings by a finger planter.

3. Between finger planters, tree wells or a continuous strip planter should be provided.

4. Where parking areas and associated driveways adjoin a residential use, a vacant residentially zoned property, or a ground-floor residential land use, perimeter landscaping shall include the following:

i. A solid masonry wall at least six (6) feet in height shall be installed and maintained along the property line except where it would adversely impact scenic resources.

ii. Where such parking lot is across the street from an R-zoned property, the parking lot shall be separated from the street by an opaque ornamental fence, wall, landscaped earth mound, or evergreen hedge having a height of at least three (3) feet except where it would adversely impact scenic resources.

5. Where a parking area or driveway adjoins a side or rear property line, side and rear perimeter landscaping shall be provided. The perimeter landscaping shall be at least two (2) feet wide (inside dimension) when the planters do not include trees and a minimum of four (4) feet wide (inside dimension) when the planters include trees.

6. Where a parking area or driveway is adjacent to a building on the same site, the area should be separated from the building by a landscaped planter at least four (4) feet wide.

7. When approving a landscape plan for a development that includes a parking lot, the preferred layout will be based on functional considerations and site constraints.

d. Tree Locations

1. Trees shall be spaced out evenly throughout the parking lot in order to maximize shading of pavement.

i. Double-sided Parking Rows. Provide one (1) finger planter with two (2) trees (one per eight spaces). Between finger planters, either provide two (2) tree wells (one per eight spaces) or a continuous planter containing two (2) trees (one per eight spaces).

ii. Single-sided Parking Rows. Provide one (1) finger planter with one tree. Between finger planters, either provide two (2) tree wells (one per four spaces) or a continuous planter containing two (2) trees (one per four spaces).

[Figure: Examples of Landscaping for Single- and Double-Sided Parking]

Examples of Landscaping for Single- and Double-Sided Parking

e. Shrubs planted in parking lot planters shall not grow above three (3) feet in height.

f. Trees planted in parking lot planters shall not interfere with parking lot lighting illumination that is required for safety or security purposes.

(Ord. No. 4492, § 6, 6-21-2016)

If the applicant can demonstrate that compliance with interior landscaping requirements would result in the loss of required parking spaces, the interior landscaping requirement may be modified if the parking area includes acceptable substitutions for the required interior landscaping that would otherwise be provided. Acceptable substitutions for interior landscaping include the following:

a. The use of a light-colored/high-albedo (minimum of 0.3) paving surface, or use of a pervious paving surface pursuant to Section 8176-5.9. Such surfaces may be substituted for landscaping at a rate of three (3) times the area required for landscaping.

b. Installation of public art at the site pursuant to Section 8178-8.4.1.9.

c. Shading in the form of canopies with solar photovoltaic or hot water systems, off-site trees and structures, sidewalk canopies, and other shade structures.

Whenever feasible, substitutions shall not replace more than fifty (50) percent of the interior landscaping requirement, with priority given to planting shade trees.

(Ord. No. 4492, § 6, 6-21-2016)

Residential projects that include a model home(s) shall provide at least one (1) model home with landscaping and irrigation that complies with the requirements set forth in this Section 8178-8.

(Ord. No. 4492, § 6, 6-21-2016)

The following standards apply to irrigation systems that serve a required landscape area.

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

(a) Dedicated landscape water meters, which may be provided by a local water purveyor or a privately owned meter or submeter, shall be required for the following:

(1) Irrigated landscapes of one thousand (1,000) square feet or more for non-residential developments.

(2) Irrigated landscapes of five thousand (5,000) square feet or greater for residential developments.

(b) At a minimum, landscape irrigation systems shall be designed and operated in conformance with the following requirements:

(1) A master valve shall be installed unless the sprinklers are individually controlled, pressurized, and equipped with low pressure shut down features.

(2) A pressure regulator and check valves shall be installed at the low end of the irrigation lines to prevent unwanted draining of irrigation lines.

(3) The system shall be equipped with automatic, self-adjusting irrigation controllers that automatically activate and deactivate the irrigation system based on changes in the weather or soil moisture.

(4) Sprinkler heads (micro-spray or drip) shall be located to minimize landscape water overspray onto unplanted areas or areas of dissimilar water demand.

(5) All sprinkler heads installed within the landscape area must have a documented distribution uniformity low quarter of 0.65 or higher.

(6) The irrigation system shall provide adequate coverage and sufficient water for the continued healthy growth of all proposed plantings.

(7) Low precipitation sprinklers shall be employed to conserve water and promote continued, healthy growth of the planting.

(8) To protect the irrigation equipment and ensure adequate water coverage, all sprinklers shall be placed outside of any parking space bumper overhangs.

(c) Prior to installation of plants, the soil shall be in a friable condition.

(d) Slopes that range from three (3) to five (5) feet in height, and that total less than one thousand (1,000) square feet in area, are not required to be equipped with a permanent irrigation system and may be irrigated with hose bibs located not more than fifty (50) feet from the area to be irrigated.

(e) Slopes that exceed five (5) feet in height, and that total more than one thousand (1,000) square feet in area, shall be equipped with a permanent irrigation system.

(f) No permanent irrigation systems shall be installed within one hundred (100) feet of ESHA, except when within fifty (50) feet of a habitable structure within a mandatory fuel modification zone.

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

a. Estimated Total Water Use (ETWU) shall be less than or equal to Maximum Applied Water Allowance (MAWA) as described in Appendix L1.

b. All irrigation water shall be retained within the required landscape area to the extent feasible.

c. Recirculating water systems shall be used for decorative water features, and all water sprayed into the air from decorative water features shall remain within the feature.

(Ord. No. 4492, § 6, 6-21-2016)

Irrigation systems should be designed to collect and distribute stormwater, reclaimed water, and graywater when feasible.

a. Water Harvesting. Landscape plans should include passive water harvesting methods for landscape irrigation, such as the use of graywater or rain catchment systems that capture water from roof and site runoff.

1. Graywater systems shall be designed in conformance with the California Plumbing Code Chapter 16A Non-Potable Water Reuse Systems.

2. Rainwater catchment systems shall be designed in conformance with the California Plumbing Code Chapter 17 Non-Potable Rainwater Catchment Systems.

3. To encourage the reuse of non-potable water, projects with less than two thousand five hundred (2,500) square feet of landscape area that meet the estimated total water use entirely using graywater shall only be required to submit an Irrigation Plan pursuant to Section 8178-8.8(c) of the Landscape Documentation Package for the permit application.

b. Reclaimed Water. Landscaping shall utilize reclaimed water where the resource can feasibly be provided. If reclaimed water is determined to be required for the project, the irrigation system shall be designed, installed, and operated in compliance with state and local laws, requirements and regulations applicable to non-potable water use.

(Ord. No. 4492, § 6, 6-21-2016)

a. Each landscape area shall be allowed a certain amount of water for landscaping, water features and other allowable components, called a water budget. Calculations shall be performed for the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU) in accordance with Appendix L3, Water Budget Calculations.

b. The water budget and projected water use calculations shall be submitted as part of the landscape documentation package (see Section 8178-8.8).

(Ord. No. 4492, § 6, 6-21-2016)

a. When special circumstances or exceptional characteristics are applicable to the property (size, shape, topography, etc.), the size of the required landscape area may be waived or modified (reduced or increased), except where the modification would have the potential to adversely impact ESHA, scenic resources, or water quality or supply. Facts and circumstances potentially warranting modifications and waivers include, but are not limited to:

1. Landscaping of proposed mixed-use developments, where such development is permitted.

2. Where additional landscaping is necessary to screen undesirable public views.

3. Where additional landscaping is necessary to provide an effective, vegetated transition to adjacent areas designated ESHA.

4. Where modifications to a fuel modification zone are required by the County Fire Marshall.

5. Where existing structures, exceptionally small lots, or irregularly configured lots, preclude implementation of the minimum landscape area pursuant to Section 8178-8.3.

6. Where compliance with the minimum landscape area would result in the loss of existing, required parking spaces due to site size restrictions.

7. Reductions to the planter strip width required pursuant to Section 8178-8.4.2.1(b), Landscape Strip.

8. For development that cannot be seen from a public viewing areas.

9. When evidence is presented to demonstrate that the original plants were not successfully established and that alternative replacement plants meet the standards of this Chapter.

10. In areas where the County or California Coastal Commission has declared, by resolution, that a critically short water supply exists that must be maintained for coastal resources or public recreational use thereby prohibiting the construction or extension of any landscaping irrigation system.

b. Waivers of landscape standards shall be limited to those justified by the special circumstances identified in subsection (a) above. The applicable County decision-maker may grant a reduction in the minimum landscaping requirements, but in no case shall all landscaping requirements be eliminated, and priority shall be given to planting trees.

(Ord. No. 4492, § 6, 6-21-2016)

Written finding of facts shall be required for all waivers or modifications to landscaping areas as required below:

a. Modifications or waivers shall only be granted if all of the following findings can be demonstrated:

1. The modification or waiver will not adversely affect coastal resources or public welfare and will not be detrimental or injurious to property or improvements in the surrounding area.

2. The modification will not result in an increase in water demand.

3. The modification is consistent with the purpose of the regulations set forth in Section 8178-8.1.

b. In addition to the required findings in subsection "a" above, modifications or waivers pursuant to Section 8178-8.7.1 shall only be granted if supported by written findings of fact demonstrating one or more of the following:

1. Special circumstances apply to the subject property with regard to size, shape, topography and location, and the strict application of the requirements would result in practical difficulties or hardships inconsistent with the general purpose and intent of the Coastal Zoning Ordinance.

2. Required landscaping would conflict with existing easements or public rights-of-way or established easements.

3. Existing natural landscaping will be preserved where feasible.

(Ord. No. 4492, § 6, 6-21-2016)

Any document in an approved landscape documentation package may be modified as a permit modification that is applied for and processed in accordance with Section 8181-10.4.2. The following requirements apply to said modifications:

a. As part of the permit modification application, the applicant shall submit all documents and information reflecting and supporting all proposed changes to each document in the approved landscape documentation package, for County review and approval in accordance with Sections 8178-8.8 and -8.9, that would be modified or affected by the proposed modification. If a modification proposes to change one or more documents that requires the signature and/or stamp of a licensed landscape architect, landscape contractor, qualified landscape designer, qualified biologist, licensed engineer, or other professional, then the proposed modified documents shall also be signed and/or stamped by the same type of professional(s) as the approved document(s).

b. Approved modifications to landscape documentation packages shall be implemented, inspected and monitored in accordance with Section 8178-8.9.

c. Written findings of fact shall be made pursuant to Section 8178-8.7.1 for any requested modification to the extent it requires a waiver or modification of the landscape area requirements of this Section 8178-8.

d. Water budget calculation revisions where the change is triggered by plant substitutions as approved by a licensed landscape architect, landscape designer, landscape contractor, or qualified biologist.

(Ord. No. 4492, § 6, 6-21-2016)

A landscape documentation package shall accompany the discretionary permit or permit modification application and shall include the following:

a. Landscape Plan. If Section 8178-8 et seq., is applicable, a conceptual landscape plan shall be submitted as part of the development application and shall be reviewed by the Planning Division. See Appendix L1 for landscape plan requirements.

b. Landscape plan specifications shall include performance standards for determining the following:

1. The health and normal growth of plants/trees included in the landscape plan.

2. Procedures for periodic monitoring.

3. Corrective measures that should be used when the health of a plant or tree declines.

c. Irrigation Plan. The irrigation plan shall be a separate document from, but use the same format as, the landscape plan. See Appendix L1 for minimum requirements for the irrigation plan.

d. Water Efficient Landscape Worksheet. The applicant shall submit a Water Efficient Landscape Worksheet, provided by the Planning Division, which contains a Hydrozone Information Table and a Water Budget Calculation. See Appendix L3 Sample Water Efficient Landscape Worksheet.

e. Water Budget Calculations. See Appendix L3 Water Efficient Landscape Worksheet.

f. Estimated Total Water Use (ETWU). The ETWU calculation shall be based upon the types of plant material used in the landscape plan. See Appendix L4 for determining ETWU.

g. Soils Report. To achieve optimum growth of groundcover, shrubs, and trees, the landscape documentation package shall include a soils report that indicates the nutrient status and pH of the soil in the landscape area. The soils report must be prepared by a California licensed engineer with experience in soils engineering.

h. Ventura County Fire Protection District Construction Permit. Verification that installation of, or modification to, landscaping within the required fuel modification zone has been submitted for review and approval by the Ventura County Fire Protection District.

i. One (1) set of colored photographs of the project site taken from the following three (3) vantage points: (1) close-up; (2) midfield; and (3) entire project site, relative to nearby vegetation, landmarks and structures. Color photo simulations showing proposed landscaping at maturity shall be required for projects which could have an adverse visual impact.

j. Preparation and Signature of Landscape Documentation Package. If landscaping is required pursuant to Section 8178-8.2(a)(4), or a Grading or Drainage Plan for proposed development is required, the Landscape Documentation Package shall be prepared, stamped and signed by a licensed landscape architect and a Registered Civil Engineer.

(Ord. No. 4492, § 6, 6-21-2016)

a. The landscape documentation package shall be submitted to the Planning Division and other required County agencies for review and approval as part of the permit application for the proposed development.

b. After preliminary review by the Planning Division and other required County agencies, for large required landscape areas, the Planning Division shall send the landscape documentation package to a consulting licensed landscape architect for review, at the applicant's sole expense, to determine consistency with Section 8178-8, conduct an onsite inspection, and to provide recommendations regarding any document contained in the landscape documentation package.

c. Following approval of the permit application for the proposed development, a zoning clearance shall be required to verify that the proposed landscape construction documents are consistent with the approved landscape documentation package.

d. Prior to issuance of any zoning clearance authorizing construction or use inauguration for the approved development, the permittee shall be responsible for the following:

1. The applicant shall include, on a separate informational sheet to be recorded with the conditions of approval, an 8½ inches × 11 inches reduced copy of the approved landscape plan and the required fuel modification zone.

2. Enter into a reimbursement agreement with the County to cover the Planning Division's costs of monitoring the approved landscaping and irrigation improvements pursuant to Section 8178-8.9.2(b) below.

(Ord. No. 4492, § 6, 6-21-2016)

a. Prior to issuance of a final map, certificate of occupancy, or other milestone set forth in the conditions of the discretionary entitlement for the project requiring landscaping, the permittee shall satisfy the following post-approval requirements:

1. Certificate of Completion. The permittee shall submit to the Planning Division a Certificate of Completion as provided by the Planning Division (see Appendix L6).

2. After the permittee submits the Certificate of Completion, County staff shall conduct an onsite inspection to verify that the landscaping was installed as required by the approved landscape documentation package.

b. The property owner shall maintain the required landscape area in accordance with the approved landscape documentation package. County staff shall conduct inspections once every three (3) years following installation of required landscaping and irrigation, unless otherwise specified in the permit conditions.

c. If required landscaping does not meet the performance criteria set forth in the approved landscape documentation package, the permittee shall submit a proposed modification to the landscape documentation package for the County review and approval pursuant to Section 8178-8.7.2 that includes licensed landscape architect, landscape designer, landscape contractor, or qualified biologist's recommendations for plant substitutions or remedial efforts.

(Ord. No. 4492, § 6, 6-21-2016)

a. Required landscaping shall be maintained for the term of the subject permit to ensure continued compliance with the approved landscape documentation package and shall include the following as may be supplemented in the landscape documentation package.

1. Pruning shall be conducted to keep plants within spatial limits, and weeds and litter removed in the landscape area.

2. Plant materials that are not successfully established or that did not meet performance criteria may be replaced with alternative plants as recommended by a licensed landscape architect, landscape designer, landscape contractor, or qualified biologist. Plant substitutions that do not change the MAWA or ETWU do not require a permit modification pursuant to Section 8178-8.7.2.

3. Tree supports shall be inspected frequently and removed as soon as the tree can stand without support and be able to resist wind damage.

4. Mulch shall be replenished.

5. The irrigation equipment shall be monitored for any necessary repairs.

6. Any defects in landscape maintenance shall be remedied within thirty (30) days following the County's notification.

b. Failure to maintain required landscaping and/or irrigation systems shall constitute a violation of the subject permit (see Article 13 Enforcement and Penalties).

(Ord. No. 4492, § 6, 6-21-2016)