This Chapter establishes regulations to conserve the unique biological and physical diversity of the natural communities found within SEAs by requiring development to be designed to avoid and minimize impacts to SEA Resources. These requirements will help ensure the long-term survival of the SEAs and their connectivity to regional natural resources. This Chapter regulates development within SEAs by:

A.

Protecting the biodiversity, unique resources, and geological formations contained in SEAs from incompatible development, as specified in the Conservation and Natural Resources Element of the General Plan;

B.

Ensuring that projects reduce the effects of habitat fragmentation and edge effects by providing additional technical review of existing resources, potential impacts, and required mitigations;

C.

Ensuring that development within a SEA conserves biological diversity, habitat quality, and connectivity to sustain species populations and their ecosystem functions into the future; and

D.

Directing development to be designed in a manner that considers and avoids impacts to SEA resources within the Los Angeles County region.

(Ord. 2019-0072 § 2, 2019.)

For purposes of this Chapter, see Section 22.14 - Significant Ecological Areas.

(Ord. 2019-0072 § 2, 2019.)

A.

Applications submitted on or after the effective date of this ordinance are subject to the regulations herein. Pending projects with a complete application prior to the date of applicability for this Chapter may choose to comply with the SEA Ordinance applicable at the time of a complete application submittal or the current SEA regulations.

B.

This Chapter applies to all activities that meet the definition of development herein where occurring within all areas designated as SEA in the General Plan and related maps.

C.

Where a provision of the zone, supplemental district, or anywhere else in this Title 22 regulates the same matter as this Chapter, the provision more protective of biological resources shall apply.

D.

Until such time as the Santa Catalina Island Local Coastal Program ("LCP") is amended, development within SEAs, as mapped in the LCP, shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

E.

Development occurring within SEAs in the boundaries of the Santa Monica Mountains North Area ("SMMNA") Plan shall be regulated by the SMMNA Community Standards District ("CSD"). Where the SMMNA CSD is silent on development impacts on SEAs, it shall defer to this Chapter 22.102. Applications submitted prior to the effective date of the SMMNA CSD shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

(Ord. 2021-0021 § 1, 2021; Ord. 2019-0072 § 2, 2019.)

The following developments are exempt from the regulations of this Chapter. Development that does not qualify for any of the exemptions listed below is subject to the regulations of this Chapter.

A.

Except as otherwise specified in a Community Standards District ("CSD"), within the boundaries of the Antelope Valley Area Plan:

1.

Construction of a new single-family residence, regardless of size;

2.

Improvements accessory to a single-family residence, regardless of size:

a.

Additions to an existing single-family residence;

b.

Landscaping;

c.

New accessory structures;

d.

Additions to existing accessory structures; or

e.

New or expanded animal keeping areas and facilities.

3.

Agricultural uses on all previously disturbed farmland as defined by Section 22.102.020 (Definitions).

B.

In all areas outside the boundaries of the Antelope Valley Area Plan, the following additions or modifications, as long as such addition or modification does not increase the total building site area to more than 20,000 square feet and encroach into more than 10 percent of the dripline for up to four SEA protected trees:

1.

Additions or modifications to existing single-family residences;

2.

Accessory structures associated with single-family residences;

3.

Animal containment facilities; or

4.

A maximum of one accessory animal living quarter less than 120 square feet and located no more than 100 feet from the primary use.

C.

Maintenance, minor additions, or changes to existing legally established development, if:

1.

Maintenance, additions, or changes do not expand the previously approved development footprint; or

2.

Maintenance, additions, or changes are operating under a valid use permit and found to be in substantial compliance with such permit.

D.

Development requiring renewal of previously approved discretionary permits, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

E.

Renewal of previously approved discretionary permits located within the adopted expanded SEA boundaries, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

F.

Any development regulated by an adopted Specific Plan, provided that such development complies with the applicable provisions of the Specific Plan and can demonstrate, to the satisfaction of the Director, that the development received adequate review of biological resources and impacts to them.

G.

The rebuilding and replacement of legally built structures which have been damaged or partially destroyed and will not increase the previously existing development footprint.

H.

Land divisions for the purposes of the California Land Conservation Act of 1965 commonly referred to as the Williamson Act.

I.

Legally required fuel modification and brush clearance activities with the exception of tilling and discing, as approved by the Fire Department, associated with existing legal structures for the purpose of fire protection.

J.

Periodic reviews established in Section 22.190.080 (Reclamation Plan) for previously approved surface mining permits and reclamation plans authorized to operate under Chapter 22.190 (Surface Mining Permits) provided that such periodic review is conducted during the life of that grant, does not include proposed changes that would result in expanded development, and is consistent with valid permits.

K.

Development activity necessary for the repair or maintenance of existing legally established driveways, streets, and highways, provided that it does not increase the existing development footprint or impact drainages or streams.

L.

Development where the only impact to SEA Resources involves trees planted, as required per Titles 21 and 22, Low Impact Development per Title 12, or Green Building requirements per Title 31.

M.

Emergency removal of any tree listed on the SEA Protected Tree List maintained by the Department, due to a hazardous or dangerous condition, or being irretrievably damaged or destroyed through flood, fire, wind, lightning, drought, pests, or disease, as determined after visual inspection by a Forester with the Fire Department in consultation with a County Biologist.

N.

Tree maintenance, limited to removal of dead wood and pruning of branches not to exceed two inches in diameter and 25 percent of live foliage within a two-year period, intended to ensure the continued health of a SEA Protected Tree, in accordance with guidelines published by the National Arborists Association. Should excessive maintenance, trimming, or pruning adversely affect the health of the tree, as determined by the County Biologist or Forester with the Fire Department, a Protected Tree Permit per Section 22.102.070 (Protected Tree Permit) or SEA Conditional Use Permit ("SEA CUP") per Section 22.102.080 (SEA Conditional Use Permit) may be required.

O.

Emergency or routine maintenance by a public utility necessary to protect or maintain essential components of an existing utility or transmission system.

P.

Voluntarily planted trees that qualify for protection under the definition of SEA Protected Tree, but can be demonstrated to have been planted by a person for the purposes of affecting the architecture, climate, or aesthetics of a given place and are, therefore, considered landscape features. Documentation of the planting shall be required prior to the subsequent removal or other alteration of those voluntarily planted trees. Trees planted as mitigation do not qualify for this exemption.

Q.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0025 § 2, 2023; Ord. 2022-0004 § 1, 2022; Ord. 2019-0072 § 2, 2019.)

Prior to the submittal of an application for activities involving development within a SEA, a preliminary review of proposed development activities and consideration of the associated impacts on SEA Resources shall occur through a SEA Counseling meeting, unless waived at the discretion of the Director.

A.

Application Materials. The applicant shall submit the following:

1.

SEA Counseling Application and applicable fees;

2.

Biological Constraints Map ("BCM"); and

3.

Conceptual Project Design.

B.

Recommendation. The Director shall recommend at the SEA Counseling meeting one of the following:

1.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards), only a Ministerial SEA Review shall be required per Section 22.102.060 (Ministerial SEA Review);

2.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), a Ministerial SEA Review and Protected Tree Permit shall be required per Sections 22.102.060 (Ministerial SEA Review) and 22.102.070 (Protected Tree Permit); or

3.

Because the conceptual project does not demonstrate the ability to comply with Section 22.102.090 (SEA Development Standards), an SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit).

(Ord. 2019-0072 § 2, 2019.)

A.

Review Procedures. The Ministerial SEA Review shall be a biological review, conducted by the County Biologist, to accompany the review process for the use permit required by the underlying zone and other provisions of this Title 22. A Ministerial SEA Review shall be required for any development to determine compliance with the following:

1.

The total building site area shall be no more than 20,000 square feet;

2.

Development is consistent with Section 22.102.090 (SEA Development Standards); and

3.

Natural open space preservation is provided in compliance with Section 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. In addition to the required application materials for the appropriate use permit, the following materials shall be submitted for the Ministerial SEA Review:

1.

Site Plan. A site plan identifying:

a.

All proposed development, including on-site and off-site ground-disturbing activity and vegetation removal;

b.

Grading activity location, description, and quantities identified by cut, fill, import, export, and natural grade;

c.

Areas to be re-vegetated or restored, including a plant identification list with the botanical and common names of all planting materials;

d.

Location and square footage of decorative landscaping or crops, including proposed groundcover areas, shrub mass, and existing and proposed tree locations, for all common or open space areas not left in a natural state. Plant identification lists shall include botanical and common names of all planting materials; and

e.

On-site natural open space preservation, as applicable.

2.

A Biological Constraints Map (BCM).

3.

Natural Open Space Recordation documentation per Section 22.102.100 (Natural Open Space Preservation) with an attached exhibit identifying the required preserved natural open space area.

C.

Additional Review.

1.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately determine compliance with Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

(Ord. 2019-0072 § 2, 2019.)

Trees serve a significant role in the SEAs by providing habitat and ecosystem services. The intent of the following tree protection regulations is to encourage the responsible management of trees in the SEAs.

A.

Permit Required. A Protected Tree Permit shall be required for development that complies with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), and which includes any of the following impacts:

1.

Pruning or trimming of branches of SEA Protected Trees in excess of two inches in diameter or 25 percent of live foliage for one or more trees;

2.

Encroachments of up to 30 percent into a SEA Protected Tree's protected zone. Any encroachment of more than 30 percent into the protected zone of a tree shall be considered as a tree removal, as described in Subsection A.3 below;

3.

Removal of up to two SEA Protected Trees that are not designated as Heritage Trees; or

4.

Tree relocation poses significant risk to the health or survival rate of a tree. Any relocation of a SEA Protected Tree shall, therefore, be processed as a removal, as described in Subsection A.3 above.

B.

A SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit) for the following impacts:

1.

Removal of more than two SEA Protected Trees; or

2.

Removal of any SEA Protected Tree designated as a Heritage Tree.

C.

Application Materials. The following materials shall be submitted for the Protected Tree Permit:

1.

Application materials for Type II Review in compliance with Chapter 22.228 (Type II Review - Discretionary);

2.

Protected Tree Report prepared by an arborist or a resource specialist, which shall include the following:

a.

Associated tree survey map;

b.

Descriptions and locations of all existing SEA Protected Trees on the subject property and impacted SEA Protected Tree(s) adjacent to the subject property;

c.

Existing health and potential impacts of development of each SEA Protected Tree;

d.

Identification of all proposed SEA Protected Tree removals and encroachments; and

e.

Recommendations for avoiding, minimizing, and/or mitigating SEA Protected Tree impacts.

3.

Oak tree species may require additional application materials, as stated in Chapter 22.174 (Oak Tree Permits).

D.

Burden of Proof. In addition to the materials required per Subsection 22.102.070.C (Application Materials), the application shall substantiate to the satisfaction of the Commission or Hearing Officer the following facts:

1.

That any proposed construction will be accomplished without endangering the health of the remaining SEA Protected Tree(s), if any, on the property; and

2.

That the removal or encroachment of the SEA Protected Tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters that cannot be satisfactorily mitigated.

E.

Findings. A Protected Tree Permit may be approved only if the action proposed will not be contrary to, or be in substantial conflict with, the intent and purpose of the Protected Tree Permit procedures and the following findings are made:

1.

That the proposed impacts to SEA Protected Tree(s) will be mitigated in compliance with Subsection 22.102.070.F (Mitigation); and

2.

One or more of the findings below:

a.

That the required action is necessary to allow reasonable economic or other enjoyment of the property, and there is no other feasible design alternative that would avoid impact to the SEA Protected Tree(s);

b.

That the SEA Protected Tree(s) proposed for removal, encroachment, or pruning interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists, other than removal of the SEA Protected Tree(s); or

c.

That the condition of the SEA Protected Tree(s) proposed for removal, encroachment, or pruning due to disease, danger, or falling is such that it cannot be remedied through reasonable preservation practices.

F.

Mitigation.

1.

Mitigation Ratios. Impacts to SEA Protected Trees shall be mitigated per the mitigation ratios in Table 22.102.070-A.

2.

Where pruning or trimming of SEA Protected Trees exceeds 25 percent of live foliage or involves cutting of branches greater than two inches in diameter, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the pruning, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

3.

Where development encroaches up to 30 percent of the protected zone of SEA Protected Trees, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the proposed development, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

4.

Required replacement trees shall consist exclusively of native trees of the same species being removed, and shall be in the ratio required in Table 22.102.070-A. Each replacement tree shall be monitored by the County Biologist or Forester with the Fire Department for a period of not less than seven years, with monitoring visits in years two, four, and seven. Replacement trees shall be properly cared for and maintained during the full monitoring period, and shall be replaced by the applicant or permittee, should any of these trees be lost or suffer unacceptable decline of health or vigor, at the end of the monitoring period.

5.

Protected Tree Fund. If replacement on the project site of SEA Protected Trees proposed for encroachment or removal is inappropriate, a Forester with the Fire Department or County Biologist may recommend that the applicant pay into the Protected Tree Fund the amount equivalent to the resource value of the trees described in the Protected Tree Report. The resource value shall be calculated by the applicant and approved by a Forester with the Fire Department or County Biologist according to the most current edition of the International Society of Arboriculture's "Guide for Plant Appraisal."

a.

Funds collected shall be used for the following purposes:

i.

Establishing and planting native trees on public lands;

ii.

Maintaining existing native trees on public lands;

iii.

Purchasing native tree woodlands;

iv.

Purchasing sensitive native trees of ecological, cultural, or historic significance; or

v.

Outreach and educational programs to promote woodland establishment and protection.

b.

Not more than 20 percent of the funds collected may be used for outreach and educational programs, for accomplishing the purposes described in Subsection F.5.a above.

G.

Noticing and Public Hearing. Noticing and public hearing procedures for a Protected Tree Permit shall be consistent with the requirements of Type II Review stated in Division 9.

H.

Enforcement. In interpreting the provisions of Section 22.102.070 (Protected Tree Permit) as applied to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0072 § 2, 2019.)

A.

Permit Required. A discretionary SEA CUP application shall be required for development that cannot demonstrate compliance with Section 22.102.070 (Protected Tree Permit), or Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. An application for a SEA CUP shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary).

1.

In addition to the application materials listed in Subsection 22.102.060.B (Application Materials), the applicant shall submit the following to the satisfaction of the Director in consultation with the County Biologist:

a.

Biological Constraints Analysis (BCA);

b.

Biota Report; and

c.

Additional materials and information that may be deemed necessary by the Director, County Biologist, or SEATAC to adequately evaluate the application.

2.

The Director may waive one or more of the items in this Subsection B when deemed unnecessary to process the application.

C.

Additional Review.

1.

Site Visit. Site visit(s) by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

2.

SEATAC Review. Prior to a public hearing, a SEA CUP application shall be required to undergo review by the SEATAC, unless waived by the Director. The scope of the SEATAC review shall be consistent with Section 22.102.150 (Significant Ecological Areas Technical Advisory Committee).

3.

Director's Report. The Director shall provide the following analyses and recommendations as part of the public hearing staff report:

a.

Evaluation of the proposed development and impacts to SEA Resources;

b.

Evaluation of the SEA Resources contained within and adjacent to the project site;

c.

Evaluation of the cumulative losses to the SEA Resources resulting from proposed and prior project development activity;

d.

Appraisal of measures proposed to avoid, mitigate, or protect the identified impacts to resources contained within the SEA;

e.

Evaluation of whether the project, as proposed, is consistent with Subsection 22.102.080.D (Findings);

f.

Recommended changes, if any, to the proposed development necessary or desirable to achieve compliance with Section 22.102.090 (SEA Development Standards) and consistent with Subsection 22.102.080.D (Findings), and relevant goals and policies of the General Plan;

g.

Recommended conditions, if any, to be imposed to ensure that the proposed development will be consistent with Subsection 22.102.080.D (Findings) and relevant goals and policies of the General Plan;

h.

SEATAC's determination of project compatibility and applicable recommendations; and

i.

Any relevant information as deemed necessary by the Director or County Biologist.

D.

Findings. The Commission or Hearing Officer shall approve an application for a SEA CUP, if the Commission or Hearing Officer finds that the application substantiates, in addition to those required by Section 22.158.050 (Findings and Decisions), the following findings:

1.

The proposed development is highly compatible with the SEA Resources, including the preservation of natural open space areas and providing for the long-term maintenance of ecosystem functions;

2.

The proposed development avoids or minimizes impacts to the SEA Resources and wildlife movement through one or more of the following:

a.

Avoiding habitat fragmentation;

b.

Minimizing edge effects; or

c.

Siting development in the least sensitive location.

3.

Important habitat areas are adequately buffered from development by retaining sufficient natural vegetation cover and/or natural open spaces and integrating sensitive design features;

4.

The proposed development maintains ecological and hydrological functions of water bodies, watercourses, and their tributaries;

5.

The proposed development ensures that roads, access roads, driveways, and utilities do not conflict with Priority Biological Resources, habitat areas, migratory paths, or wildlife corridors; and

6.

The proposed development promotes the resiliency of the SEA to the greatest extent possible. For purposes of this finding, SEA resiliency is not promoted when the proposed development may cause any of the following:

a.

Significant unmitigated loss of contiguity or connectivity of the SEA;

b.

Significant unmitigated impact to a Priority Biological Resource;

c.

Removal of habitat that is the only known location of a new or rediscovered species; and/or

d.

Other factors as identified by SEATAC.

(Ord. 2019-0072 § 2, 2019.)

All new development in SEAs shall avoid or minimize impacts to SEA resources, habitat linkages, and wildlife corridors in accordance with this Section:

A.

SEA Resource Categories. The following are disturbance thresholds and on-site natural open space preservation requirements organized by SEA Resource Category. SEA Resource preservation shall be provided on-site, in accordance with Section 22.102.100 (Natural Open Space Preservation) within this Chapter.

1.

SEA Resource Category 1. No amount shall be disturbed.

2.

SEA Resource Category 2.

a.

Disturbances shall not exceed 500 square feet and shall preserve at least two times the disturbed area of the same type of SEA Resource.

b.

Development shall not result in abandonment or failure of any den, burrow, roost, nest, or special habitat feature utilized by animals included in SEA Resource Category 2.

3.

SEA Resource Category 3.

a.

Disturbances not exceeding 500 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbances that exceed 500 square feet shall preserve at least two times the disturbed area of the same type of SEA Resource.

4.

SEA Resource Category 4.

a.

Disturbances that exceed 5,000 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbance of more than 10 individual rare plants in this category shall preserve an equal number of the same species of rare plants.

B.

SEA Protected Trees.

1.

A minimum five-foot setback from the dripline or 15-foot setback from the trunk, whichever is greater, of a SEA Protected Tree shall be required.

2.

Encroachment into no more than 10 percent of the protected zone of up to four SEA Protected Trees listed in the SEA Protected Tree List maintained by the Department may be permitted.

3.

Removal of one SEA Protected Tree that is not designated as a Heritage Tree may be permitted.

C.

Water Resources. All development, inclusive of fuel modification/brush clearance, is subject to the following setbacks from a water resource per Table 22.102.090-A.

D.

Other Development Standards.

1.

Wildlife-Impermeable Fencing, Wall, or Enclosure. Wildlife-impermeable fencing, walls, and enclosures shall be permitted within the building site area. One impermeable enclosure for the purpose of protecting livestock or companion animals shall be permitted within the development footprint.

2.

Wildlife-Permeable Fencing. When needed to delineate lot boundaries or to section off development features, such as streets, trails, driveways, active recreation areas, or animals keeping structures, wildlife-permeable fencing shall be used outside of the building site area. Wildlife-permeable fencing shall be designed as follows:

a.

Fences shall be of an open design and made of materials visible to wildlife, such as wood rail, steel pipe, vinyl rail, PVC pipe, recycled plastic rail, or coated wire;

b.

The bottom edge of the lowest horizontal element shall be no closer than 18 inches from the ground; and

c.

Except where a different height is required per Title 21 or 22, the top edge of the topmost horizontal element shall be no higher than 42 inches from the ground.

3.

Fencing Materials. Fencing shall be designed with materials not harmful to wildlife. Prohibited materials include, but are not limited to, spikes, glass, razor wire, and nets. All hollow fence and sign posts, or posts with top holes, such as metal pipes or sign posts with open bolt holes, shall be capped and the bolt holes filled to prevent the entrapment of bird species.

4.

Window Reflectivity. All windows shall be comprised of non-glare/non-reflective glass or utilize methods to achieve non-reflectivity.

5.

Outdoor Lighting. Outdoor lighting in all SEAs shall be provided in accordance with applicable provisions of Chapter 22.80 (Rural Outdoor Lighting District) and shall be directed to avoid light trespass upwards into the night sky and onto natural habitat areas.

6.

Natural Open Space Buffer. Habitable structures shall be set back at least 200 feet from existing and proposed natural open space located within the project site lot(s) or natural open space recorded on adjacent lots, unless the Fire Department approves a modified distance specified in an approved fuel modification plan.

7.

Landscaping and Fuel Modification. Landscape plans shall be submitted with an application for new development that include all cut and fill slopes, areas disturbed by the proposed construction activities, required fuel modification or brush clearance, and any proposed restoration area(s).

a.

All new development shall minimize removal of natural vegetation to minimize erosion and sedimentation, impacts to scenic resources, and impacts to biological resources.

b.

All cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated.

c.

Plantings within the building site area and Fuel Modification Zones A and B shall consist of a mix of locally indigenous, drought-tolerant plant species and non-invasive, drought-tolerant ornamental plants and gardens with associated irrigation.

d.

Fuel Modification Zone C shall consist of thinning the density of existing native vegetation. Should additional planting be needed in Zone C or outside of fuel modification areas, the plant palette shall consist entirely of locally indigenous, drought-tolerant plant species that blend with the existing natural vegetation and habitats on the site.

e.

All vegetative species utilized in landscaping shall be consistent with Fire Department requirements, and all efforts shall be made to conserve water.

f.

Plants listed on the Invasive Species list maintained by the Department shall be prohibited in all proposed landscaped and restoration areas.

g.

Tilling and discing shall be prohibited for fuel modification and brush clearance activities in all Fuel Modification Zones.

8.

Natural Open Space. Driveways, streets, roads, or highways shall not be placed within required natural open space areas.

E.

Land Use-Specific Development Standards.

1.

Crops.

a.

Crops as an accessory use shall consist of non-invasive species and shall be located entirely within required Fuel Modification Zone B.

b.

Crops as a primary use shall consist of non-invasive species and shall be located entirely within SEA Resource Category 5.

2.

Exploratory Testing.

a.

Permitted use. Exploratory testing as a primary or accessory use shall be permitted and shall comply with the following:

i.

Access for exploratory testing shall consist of existing roads, previously graded or disturbed areas, or use track-mounted drill rigs.

ii.

Vegetation removal activities shall be conducted in a manner that protects existing vegetative rootstock.

iii.

Any exploratory testing accessory to a primary use, where such primary use development is exempt from this Chapter per Section 22.102.040 (Exemptions), shall herein be exempt from this development standard.

iv.

A Restoration Plan shall be required at the time of application submittal.

b.

Exploratory Testing Stabilization. Within 90 days from completion of exploratory testing, areas of disturbance resulting from exploratory testing shall be stabilized with temporary erosion control measures and seeded with locally indigenous species to prevent erosion and instability.

c.

Exploratory Testing Restoration. Full restoration of areas of disturbances resulting from exploratory testing shall be conducted as follows:

i.

Where a subsequent project is withdrawn, denied, or determined to be infeasible, or exploratory testing areas are found to be unusable, restoration of the disturbed area shall commence within one year of withdrawal, denial, or determination of infeasibility.

ii.

Where a subsequent project is approved, the exploratory testing locations outside of the approved building site area shall be restored, with restoration commencing within one year of disturbance.

iii.

All required restoration shall be completed to the satisfaction of the Director.

3.

Land Divisions. All land division projects shall be required to preserve at least 75 percent of the original undivided parcels as natural open space and shall not exceed a maximum development footprint of 25 percent of the original undivided parcels. Development areas shall be designed in one contiguous location and result in the largest, intact blocks of habitat with the lowest perimeter to area ratio, to the maximum extent feasible.

a.

Large Lot Parcel Map. Large lot parcel maps for sale, lease, financing, or transfer purposes, shall demonstrate that all resulting parcels have reasonable potential for future development that meets Section 22.102.090 (SEA Development Standards), (e.g., adequate areas of SEA Resource Categories 4 and/or 5, setback from water resources, 75 percent open space, and clustered development) based on the original undivided parcels.

(Ord. 2019-0072 § 2, 2019.)

This Section sets forth the preservation and recordation requirements for natural open space when required by this Chapter, either in compliance with Section 22.102.090 (SEA Development Standards) or to offset impacts to SEA Resources through a SEA CUP.

A.

Natural Open Space Requirements. Development within a SEA shall preserve natural open space as follows:

1.

Ministerial SEA Review. Provide on-site as required per Section 22.102.090 (SEA Development Standards); or

2.

SEA CUP. Provide on-site or off-site per Subsection D.2 (Natural Open Space Preservation Mechanisms), as approved by the Commission or Hearing Officer.

a.

For land division projects, at least 75 percent of the original undivided parcels shall be preserved as required natural open space.

3.

Natural open space recordation shall occur prior to any grading, removal of vegetation, construction, or occupancy, consistent with State law conservation easement requirements.

B.

Natural Open Space Configuration.

1.

Preserved natural open space shall be configured into one contiguous area, to the maximum extent feasible, unless the County Biologist determines that multiple, non-contiguous areas is the environmentally superior configuration.

2.

Preserved natural open space areas shall be contiguous with other natural open space areas on adjoining lots, to the maximum extent feasible.

3.

Driveways, streets, roads, or highways shall be prohibited in natural open space area(s), unless the Commission or Hearing Officer finds it necessary to ensure adequate circulation or access. Such driveways, streets, roads, or highways shall not be counted as a portion of the total required natural open space provided, and shall include any necessary wildlife crossings and/or other features necessary to avoid biological impacts.

C.

Natural Open Space Use. Preserved natural open space required by this Chapter shall be maintained in its natural undeveloped condition. There shall be no removal of trees, or vegetation, or other disturbance of natural features, with the following exceptions, as deemed appropriate by the Director prior to the disturbance:

1.

Disease control and/or control of non-native plants;

2.

Habitat restoration;

3.

Paths constructed and maintained to minimize environmental impact to the area;

4.

Wildlife-permeable fences constructed and maintained to minimize environmental impact to the area;

5.

Fire protection, when determined by the County Biologist to be compatible with the SEA Resources being preserved; or

6.

Activities to maintain a specific habitat condition, including animal grazing, when recommended by the County Biologist and accompanied by an approved management plan.

D.

Natural Open Space Preservation Mechanisms.

1.

Ministerial SEA Review. Development that complies with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation on-site through a permanent deed restriction or a covenant between the County and the property owner.

2.

SEA CUP. Development not in compliance with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation, within or contiguous with the same SEA, through one or more of the following, listed in the order of County preference:

a.

Dedication of land for the purpose of natural open space preservation to:

i.

An accredited land trust that meets the qualifications of non-profits requesting to hold mitigation land pursuant to Section 65965, et seq. of the California Government Code; or

ii.

A government entity, such as the County, State, or federal government, or a city, district, or joint powers authority for the purpose of natural open space preservation;

b.

Conservation or mitigation bank;

c.

A conservation easement recorded with the Registrar-Recorder/County Clerk as an irrevocable offer to dedicate, or equivalent instrument that requires the natural open space to remain in perpetuity and extinguishes all future development rights;

d.

Permanent on-site deed restriction;

e.

Covenant between County and property owner; or

f.

Conservation in-lieu fees.

(Ord. 2019-0072 § 2, 2019.)

A.

Any activity defined as development in the SEAs, which occurs prior to receiving an approved permit, is prohibited.

B.

Unpermitted disturbed areas shall be stabilized with temporary erosion control measures and temporarily seeded with locally indigenous species within 30 days of issuance of a Notice of Violation, as directed by the County Biologist.

C.

Restoration Permit. If a permit is not obtained per Sections 22.102.060 (Ministerial SEA Review), 22.102.070 (Protected Tree Permit), or 22.102.080 (SEA Conditional Use Permit), or restoration of disturbed exploratory testing area is not completed per Section 22.102.090.E.2 (Exploratory Testing), a Restoration Permit shall be required.

1.

Application Materials.

a.

Application materials for Type II Review; and

b.

Restoration Plan.

2.

Findings. The Commission or Hearing Officer shall approve an application for a Restoration Permit in a SEA, if the Commission or Hearing Officer finds that the application substantiates the following findings:

a.

The restoration corresponds with the SEA Resources, habitats, and ecosystem services that were degraded by the unpermitted development;

b.

The restoration will create and enhance biologically functional habitats;

c.

The restoration resolves any violations of unpermitted development; and

d.

The restoration is consistent with Section 22.102.010 (Purpose) and Subsection 22.102.080.D (Findings).

3.

Noticing and Public Hearing. Noticing and public hearing procedures for a Restoration Permit shall be consistent with the requirements of Type II Review stated in Division 9.

D.

When a Notice of Violation has been issued by the Department, the Director may set the matter for a public hearing before the Commission to consider a five-year ban on filing any new application, or acting upon any application for the subject property. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a SEA CUP per Section 22.102.080 (SEA Conditional Use Permit). Following a public hearing, the Commission may place up to a five-year ban on filing any applications, but may exempt emergency permits and/or permits deemed by the Director, as necessary, for the subject property to address a violation or permit revocation on the property. The Director shall record such five-year ban with the Registrar-Recorder/County Clerk. The five-year period shall commence from the date of such recordation.

(Ord. 2019-0072 § 2, 2019.)

A.

Filing Fees. Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposit).

B.

SEA Counseling Fee. The SEA Counseling Fee shall cover up to two SEA Counseling meetings.

C.

SEATAC Review Fee. Development subject to SEATAC Review shall require an additional filing fee per Section 22.222.080 (Fees and Deposit), subject to the following:

1.

The SEATAC Review Fee shall cover up to three SEATAC meetings. Additional review meetings by SEATAC shall require a new fee.

2.

The SEATAC Review Fee may be refunded, if a written request is received from the applicant prior to the scheduling of the first SEATAC meeting, and if the development is re-designed to meet standards outlined in Section 22.102.090 (SEA Development Standards).

(Ord. 2019-0072 § 2, 2019.)

County projects proposing development in a SEA shall submit an application for a review by the Department. County projects and maintenance activities performed as a result of emergency or hazard management shall be documented. The documentation shall be provided to the Department for a determination of the applicability of this Chapter. Emergency or hazard management activities include any activity required, requested, authorized, or permitted by a local, State, or federal agency, in response to an emergency.

A.

Information Required. Prior to the start of the project, the lead County Department shall provide the following:

1.

Project scope of work;

2.

Location map;

3.

Environmental documents, if applicable; and

4.

Regulatory permit requirements, if applicable.

B.

Review.

1.

Initial Review. The County Biologist shall review the project.

2.

SEATAC Review. The County Biologist may determine that SEATAC review is necessary, based on the project proposal.

C.

Recommendation. The County Biologist and SEATAC, as necessary, may submit a report to the lead County Department that includes recommendations on the project design and compatibility with Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

The Department shall review a proposed restoration or enhancement plan for habitat restoration not required as direct mitigation for an approved permit. Proposed restoration and enhancement plans shall demonstrate how restored habitat function will be consistent with this Chapter.

A.

Information Required. A Restoration Plan shall be submitted. An existing plan or equivalent that fulfills the requirements of a Restoration Plan may be accepted as a substitute.

B.

Review.

1.

The Director, in consultation with the County Biologist, shall review the project proposal.

2.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

3.

Subsequent activities that fall within the scope of the approved restoration or enhancement plan shall not require further review by the Department.

4.

Habitat restoration shall be required to demonstrate how the project substantiates Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

SEATAC serves as an expert advisory committee that assists the Department in assessing a project's impact on SEA Resources.

A.

Rules and Procedure. The Director shall establish rules and procedures for the conduct of SEATAC's business.

B.

SEATAC Review. SEATAC shall evaluate projects requiring SEATAC review per Section 22.102.080 (SEA Conditional Use Permit), as follows:

1.

Ruling on the adequacy of the BCA and Biota reports, if applicable;

2.

Recommending redesign and/or mitigation measures to avoid, minimize, or mitigate impacts to SEA Resources; and

3.

Recommending a determination of the consistency of the development project with this Chapter, including consideration of the following:

a.

The project's ability to comply with Section 22.102.090 (SEA Development Standards);

b.

The project's ability to mitigate impacts to SEA Resources through natural open space preservation;

c.

The project's ability to meet the findings of Subsection 22.102.080.D (Findings); and

d.

The project's avoidance of disturbance to regional habitat linkages.

(Ord. 2019-0072 § 2, 2019.)

A.

This Chapter is established to ensure that development preserves and enhances the physical integrity and scenic value of Hillside Management Areas ("HMAs"), to provide open space, and to be compatible with and enhance community character. These goals are to be accomplished by:

1.

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with the fewest hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the unique site characteristics.

B.

This Chapter does not determine maximum allowable density or intensity for a proposed development. Maximum allowable density or maximum intensity for a proposed development shall be determined as set forth in the applicable area, community, neighborhood, or specific plan. Where there is no applicable area, community, neighborhood, or specific plan, the maximum density or intensity for a proposed development shall be determined using the methodology and parameters set forth by the Land Use Element of the General Plan.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.080 of Division 2 (Definitions), under "Hillside Management Areas."

(Ord. 2019-0004 § 1, 2019.)

A Conditional Use Permit (Chapter 22.158) application shall be required for any development located wholly or partially in an HMA, except for:

A.

Development on a single lot, provided that grading in connection with the development does not exceed 15,000 cubic yards of total cut plus total fill material. Notwithstanding the foregoing, a Community Standards District may require a Conditional Use Permit application for a lesser amount of total cut plus fill material, in which case the Community Standards District controls. The exception to the Conditional Use Permit requirement in this Subsection A shall not apply when two or more lots are developed in a coordinated effort, regardless of the ownership of the involved lots, and regardless of whether the developments are applied for concurrently or through multiple successive applications.

B.

Lot line adjustments of property lines between two lots. This exception to the Conditional Use Permit application requirement in this Subsection B shall not apply to the adjustment of two or more property lines between three or more contiguous lots in a coordinated effort, regardless of the ownership of the involved lots, and regardless of whether the adjustments are applied for concurrently or through multiple successive applications.

C.

Activities undertaken as on-site or off-site mitigation for biota impacts from another development, such as restoration of natural habitat or planting of oak trees.

D.

Development in one contiguous HMA, provided that the HMA is:

1.

Within a rural land use designation, one-half acre or less in size (as measured from base of slopes to slopes 25 percent or greater) and not contiguous with any other terrain with a natural slope gradient of 25 percent or steeper; or

2.

Within a land use designation other than rural, one-quarter acre or less in size (as measured from base of slopes to slopes of 25 percent or steeper) and not contiguous with any other terrain with a natural slope gradient of 25 percent or steeper.

E.

Development designed such that all HMAs on the development site remain in a natural state or are restored to a natural state to the satisfaction of the Director, and are designated as Open Space—Restricted Use Areas on a recorded final map or parcel map waiver, or on a recorded covenant if not associated with a land division.

F.

Development to be undertaken by or for the County, or a special district, provided that such development complies with Section 22.104.070 (Development by the County or Special District).

G.

Development located within any adopted Specific Plan, provided that such development complies with the provisions of that Specific Plan.

H.

Development related to drilling for and production of oil and gas within the Baldwin Hills Community Standards District ("CSD"), provided that such development complies with the provisions of that CSD.

I.

Development where the project's fuel modification affects slopes of 25 percent or greater to satisfy Fire Department requirements. For this exemption to apply, there must be no accompanying grading activities, and only minimal disturbance to plant roots is allowed.

J.

Any of the following activities required, requested, authorized, or performed by a governmental agency:

1.

Removal or thinning of vegetation, including trees for fire/public/roadway/bridge safety (including under bridge hydraulic vegetation reduction) in response to an emergency;

2.

Operations and maintenance of flood, water supply, water conservation, and roadway infrastructure that includes the removal or thinning of vegetation, including trees; or

3.

Hazard management activities in response to an emergency or other public safety concerns including maintenance, preservation, or restoration of existing roadways or trails, bridges, soil erosion, or flood protection facilities involving adjacent slopes, shoulders, drains, and appurtenant structures (e.g. guardrail, rail and timber walls, head walls, etc.) located near or within dedicated public right of way or associated easements.

(Ord. 2019-0004 § 1, 2019.)

If a Conditional Use Permit (Chapter 22.158) application is required by this Chapter, the applicant shall submit the following:

A.

All materials and information required by Section 22.158.030 (Application and Review Procedures) and a statement that substantiates the findings required by Section 22.104.060 (Findings), below.

B.

Site Photographs. Six panoramic or composite color photographs taken from each corner of the development site and from the highest elevated points within the development site, taken no more than 90 days prior to application submission, along with a photograph key. Additional photographs may be required if the Director determines such materials are necessary for adequate evaluation.

C.

Proposed Development Exhibits. The following exhibits, each of the same size and scale, showing the natural topography of the site in accordance with the Hillside Design Guidelines in the appendix following this Chapter:

1.

A slope map that includes the following:

a.

The land use designations and all existing and proposed development as defined in Section 22.104.020 (Definitions).

b.

The following slope categories as determined by a licensed civil engineer, licensed land surveyor, or a registered geologist; and associated color for: Zero to 24.99 percent natural slope (green), 25 to 49.99 percent natural slope (yellow), and 50 percent or greater natural slope (red).

c.

A table listing the number of gross and net acres, land use designations, proposed non-residential square footage or proposed number of units, and proposed grading amounts within each slope category and within the overall project boundary.

2.

An open space exhibit that includes the following:

a.

A site plan depicting proposed lot configuration, proposed streets, proposed grading design, and proposed open space areas. The site plan shall number and label each proposed open space area. The site plan shall also indicate natural open space or improved open space, and within an open space lot or within an Open Space—Restricted Use Area. The site plan shall also depict and describe the type of improved open space within each improved open space area.

b.

A table listing the acreage and percentage of natural open space areas and improved open space areas on each proposed lot, the total acreage and percentage of natural open space areas, and the total acreage and percentage of improved open space areas.

3.

A map showing hillside constraints as defined in Section 22.104.020 (Definitions).

4.

A vegetation exhibit showing existing groundcover, shrubs, and trees.

D.

Information on Proposed Structures. If a new structure is proposed, exterior elevation cross sections at a scale satisfactory to the Director, indicating proposed building, retaining wall heights, and proposed retaining wall construction materials.

E.

Additional Materials. The Director may request additional materials at the time of application submission or during review by the Department if the Director determines such materials are necessary for adequate evaluation. These materials may include the exhibits listed in the Hillside Design Guidelines.

(Ord. 2019-0004 § 1, 2019.)

Every Conditional Use Permit (Chapter 22.158) application required by this Chapter shall be subject to the following requirements which shall be included as a condition of the permit. Each condition of an approved Conditional Use Permit application shall specify whether it applies to the entire development, to the portion of the development within HMAs, or to an individual lot. For a land division, the conditions may specify that any subsequent applications to modify the approved Conditional Use Permit pursuant to Chapter 22.238 (Minor Modification or Elimination of Conditional Use Permit Conditions) need only relate to the lots affected by such modification. The Review Authority, in granting approval of a Conditional Use Permit application may impose additional conditions as necessary so that an approved project meets the requirements of this Section and Section 22.104.060 (Findings), below. Other than as provided herein, any other modification to conditions required by this Section may be granted pursuant to Chapter 22.194 (Variances):

A.

Open Space Requirement.

1.

Rural Land Use Designation.

a.

Required Open Space. At least 70 percent of the net area of the development site shall be provided as required open space.

b.

Type of Open Space. Up to 33 percent of total required open space may be provided as improved open space. The Review Authority may approve a greater percentage of improved open space if the Review Authority finds that improvement of open space is necessary for public safety or is aesthetically superior.

2.

Other Land Use Designations.

a.

Required Open Space. At least 25 percent of the net area of the development site shall be provided as required open space. Development in Zone RPD shall also comply with open space requirements in accordance with Section 22.18.060.C.4 (Open Space).

b.

Type of Open Space. The Review Authority may approve up to 100 percent of total required open space as improved open space, except that in a rural transition site, up to 50 percent of the required open space may be improved open space. In determining the required amount of improved open space, the Review Authority shall consider the characteristics of the development site and the surrounding area.

B.

Open Space Use and Configuration.

1.

Required open space areas shall not be used for residential, commercial, industrial, or agricultural activities, except for community gardens and golf courses.

2.

At least 51 percent of required natural open space shall be configured into one contiguous area. Land with hillside constraints shall be prioritized for inclusion as required open space. The 51 percent natural area may be configured in two areas only if the County biologist determines that such configuration is environmentally superior to one contiguous area.

3.

A street may be placed within the contiguous natural open space area if the Review Authority finds such street is necessary to ensure adequate circulation or access. Such a street shall not be counted as a portion of the total required open space provided.

4.

The contiguous natural open space area shall be contiguous with dedicated natural open space areas on adjoining lots as feasible.

5.

If the development is located on a rural transition site, the contiguous natural space area shall also be contiguous with the portions of the site perimeter that adjoin land within a rural land use designation as feasible.

6.

For a land division:

a.

The following types of improved open space shall be configured into, or contained within open space lots, unless owned in common and maintained by a home owner's or property owner's association:

i.

Parks, playgrounds, golf courses, and other recreational facilities.

ii.

Equine riding, hiking, and mountain biking trails.

iii.

Pedestrian paseos.

iv.

Community gardens.

b.

Natural open space shall be configured into separate open space lots if the land division is a "density-controlled development" as defined in Division 2 (Definitions), Section 22.14.040, or if the land division is in a rural land use designation with 20 or more dwelling units and residential lots of 15,000 square feet or smaller.

C.

Open Space Recordation.

1.

If the development is a land division, required open space areas shall be shown on the tentative map and the final map or parcel map waiver, and shall be subsequently recorded on the final map or parcel map waiver as a fee lot or as an Open Space—Restricted Use Area with the Registrar-Recorder/County Clerk.

2.

If the development is not a land division, required open space areas shall be shown on the site plan or lot line adjustment exhibit. All required open space shall be labeled as Open Space—Restricted Use Area in a covenant recorded with the Registrar-Recorder/County Clerk.

D.

Open Space Ownership and Management. If the development is a land division and open space lots are provided or required by Subsection B.6, above, a condition of approval shall provide for ownership and management of the open space lots. This may be established through one or more of the following, listed in the order of County preference:

1.

Dedication to a government entity, such as a federal, State, County, city, or joint powers authority.

2.

Dedication to a non-profit land conservation organization that meets the qualifications of non-profits requesting to hold mitigation land pursuant to Section 65965 et seq. of the California Government Code.

3.

A conservation easement recorded with the Registrar-Recorder/County Clerk as an Irrevocable Offer to Dedicate or equivalent instrument that requires the open space to remain in perpetuity and extinguishes all future development rights.

4.

A maintenance agreement with a home owners' association or property owner's association.

E.

Design. The Review Authority may impose additional conditions pertaining to sensitive hillside design techniques provided such conditions are consistent with the Hillside Design Guidelines.

(Ord. 2022-0008 § 79, 2022; Ord. 2019-0004 § 1, 2019.)

The Review Authority shall approve a Conditional Use Permit application if the Review Authority finds that the application substantiates, in addition to those required by Section 22.158.050 (Findings and Decision), the following findings:

A.

That the proposed development preserves the physical integrity of HMAs to the greatest extent feasible, resulting in lesser impacts to hillside resources, by:

1.

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with fewer hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the site requirements.

B.

That the proposed development preserves the scenic value of HMAs to the extent feasible, resulting in lesser impacts to on-site and off-site scenic views of slopes and ridgelines as well as views of other unique, site-specific aesthetic or significant natural features of the hillside, by:

1.

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with the fewest hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the site requirements.

C.

That the proposed development is compatible with or enhances community character, and provides open space as required in this Chapter.

D.

Where open space requirements of this Chapter are modified:

1.

For development in a rural land use designation, that a greater percentage of improved open space is necessary for public safety or is aesthetically superior; or

2.

For streets within a natural open space area, that such street is necessary to ensure adequate circulation or access. In such cases, no portion of the street shall be counted as open space.

E.

That the proposed development is in substantial compliance with the Hillside Design Guidelines.

(Ord. 2019-0004 § 1, 2019.)

The lead County department or the district shall prepare a written report that documents substantial compliance with the Hillside Design Guidelines. This report shall be included as part of the development's publicly available documents and included as part of any subsequent project reports to the Board and its attendant commissions. A report shall not be required for maintenance or operations activities or any activities listed in Section 22.104.030.I, above.

(Ord. 2019-0004 § 1, 2019.)

I. PURPOSE AND OVERVIEW

The policies of the General Plan, and area and community plans, where applicable, seek to preserve significant natural features in hillside areas. These Hillside Design Guidelines (Guidelines) are intended to implement these policies by ensuring that hillside development projects use sensitive and creative engineering, architectural, and landscaping site design techniques. The Guidelines also help ensure that hillside development projects are designed in a manner that allows the project to meet the findings of the Hillside Management Areas Ordinance (Ordinance). To accomplish this, the Guidelines include specific and measurable design techniques that can be applied to residential, commercial, industrial, and other kinds of projects.

Some design techniques may be more appropriate or feasible than others, depending on the type of project, location, size, complexity, and site constraints, and other design techniques incorporated into the project. The design techniques most appropriate for a project to achieve the purpose of Chapter 22.104 (Hillside Management Areas) shall be determined by the project applicant and the Director.

The Guidelines are encouraged but optional for all other hillside projects not subject to Chapter 22.104. Hillside Management Areas (HMAs) have 25 percent or greater natural slopes; however, development on 24 percent or "lesser" slopes can have negative impacts on hillside terrain that could be minimized by following these Guidelines.

II. SUBSTANTIAL COMPLIANCE

Subsection 22.104.060.E (Design) of Chapter 22.104 (Hillside Management) requires that the projects subject to said Chapter "substantially comply" with the Guidelines. The Guidelines are divided into five major design categories containing a variety of sensitive hillside design measures. The five major categories are:

• Site Planning

• Grading and Facilities

• Road Circulation

• Building Design

• Landscaping

For substantial compliance with Chapter 22.104, projects must use the design measures contained in the Guidelines that reasonably can be implemented in the project design. The project applicant should consult and coordinate with County staff to determine the most appropriate design measures. While the design measures are not individually weighted in the Guidelines, more weight may be given to a particular design measure based on the location, context, size or complexity of the project. No individual design measure should be used as a sole means to deny or recommend denial of a project; rather, all characteristics of a project's design "as a whole" should be taken into consideration when making a final determination. The Board, Commission, or Hearing Officer is the authority in determining whether the findings required by Chapter 22.104 can be made for a project.

Due to the variety, size, geology, hydrology, and complexity of development projects, there is no set number of design measures required in a project to ensure that it, as stated in Section 22.104.010 (Purpose), preserves and enhances the physical integrity and scenic values of HMAs, provides open space, and is compatible with and enhances community character. Staff and project applicants are advised that four design measures per category (Site Planning, Grading and Facilities, Road Circulation, Building Design, and Landscaping) is typically the appropriate number of design measures to be included in a project to allow the findings required by Chapter 22.104 to be made for that project.

Staff and project applicants are also advised that these numbers are general recommendations, and not absolute requirements. Because projects are tailored to the individual site requirements and conditions, it is possible that more or less measures may be appropriate. When considering whether to support a request for a lower number of measures from a project applicant, factors staff may consider include density, the size of the project, or whether the project is able to meet several partial credit design measures.

In situations where it is unclear whether a design measure is being fully utilized, County staff will use its recommendation for whole or partial design measure "credit" towards satisfying the findings required by Chapter 22.104. Half-credit may be given for a design measure if the project design does not fully meet the design measure but partially satisfies it to the satisfaction of the County. Staff will also work with project applicants to determine which design measures can be implemented as project conditions of approval.

III. OTHER STANDARDS

In addition to meeting the findings required by Chapter 22.104, all projects are still subject to applicable Plans, County policies, Titles 21 (Subdivisions) and 22 (Planning and Zoning) of the County Code, Healthy Design standards, and CEQA. These standards or policies could influence which design measures to use within a project.

IV. FACTORS AFFECTING RESIDENTIAL DENSITY

Sensitive hillside design techniques can be used to achieve a better project design while still maintaining a desired number of dwelling units. The General Plan land use designation ("plan category") establishes the appropriate residential density range for a project, including the density maximum. However, there are a number of other factors that can affect the project's density, such as:

• Land division standards (minimum lot size, lot width, street frontage and access)

• Zoning designation (minimum lot size)

• Zoning standards (building setbacks, maximum lot coverage)

• Biological constraints (such as woodlands and wildlife habitats and corridors)

• Natural environmental hazards (such as geologic, seismic, fire, flood)

• Open space and parking requirements

• Public easements and dedications (such as for utilities)

• Community compatibility and neighbor concerns

V. LAND DIVISIONS

Past development patterns within the unincorporated County suggest that the largest hillside projects involve land divisions. Land divisions often have large amounts of grading along with the creation of new infrastructure and landscaping. While it should be expected that more design measures will be applicable to land divisions, quantity should not be confused with quality. Smaller land divisions and non-land division projects should be evaluated not only by the number of design measures utilized, but also by how effectively they are used to achieve a sensitive hillside design.

VI. SENSITIVE HILLSIDE DESIGN MEASURES

1. Site Planning

Conserve land area and form, link open spaces, and promote a more attractive pattern of development that complements the hillside terrain.

1.1. Locate 50 percent or more of the project's buildings and developable lots within 500 feet of existing sewer, water, and roadway infrastructure.

1.2. Locate at least 50 percent of the development footprint on the flattest portions of the site ^[3] (i.e., those areas having slopes of less than 25 percent), when that area does not contain rare, sensitive, or federal or State listed threatened or endangered species.

1.3. Utilize all previously graded or disturbed areas on the site for new development to the greatest extent possible, before developing new areas, such that new development within undisturbed areas is reduced.

1.4. For new land divisions, contain at least 75 percent of developable lots within blocks that have a perimeter of one-quarter mile (1,320 feet) or less, measured from the roadway centerline. (Note: The purpose of this design measure is to avoid unattractive "superblocks" of development on the hillside and instead use smaller block sizes that are more distinguishable from each other and can better fit in with the natural topography.)

1.5. For new land divisions, where lot clustering is allowed and compatible with community character, reduce all single-family lot sizes to 15,000 square feet or less.

1.6. For new land divisions, utilize a variety of small, medium, and large lot sizes (such as 5,000, 10,000, and 20,000 square feet) in such a manner that it will produce different building layouts and sizes.

1.7. Throughout the project site, differentiate elevations so that elevations between adjacent pads, between adjacent blocks, or between adjacent streets, range from one to 30 feet.

1.8. Place the narrow side of the lot (or building pad) such that it allows the building facade to face the roadway.

1.9. Utilize terraced building pads in select areas within the site to preserve slopes that exceed 50 percent.

1.10. Preserve the most prominent and unique slopes, hilltops, and ridgelines ^[4] on the site for recreational uses within dedicated (or common) open space areas.

1.11. Exceed the minimum open space acreage requirements by 10 percent or more.

1.12. Preserve contiguous undisturbed open space throughout the site, utilizing segments of land that are at least 150 feet wide.

1.13. Utilize at least 25 percent of the overall project's disturbed (improved) open space for recreational purposes.

1.14. Locate and design improved open space as a buffer (recommended at least 50 feet wide) between undisturbed open space and development.

1.15. Create scenic vista points at prominent locations such as hilltops and ridgelines, providing amenities ^[5] at the points and making them accessible to the public. When provided, this shall count as improved open space.

1.16. Provide private (connector) trails or pedestrian paseos that link together all of the project's open space areas (one acre or larger) and connect to any onsite or offsite public trails.

1.17. For new land division blocks of development that exceed 800 feet between intersections, design mid-block through-paths such as trails or pedestrian paseos, that connect to intervening streets or open space areas, and make the paths accessible to the public.

1.18. Use any other site planning techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to allow the project to meet the findings required by Section 22.104.060 (Findings).

2. Grading and Facilities

Avoid mass landform alteration, preserve the physical shape of the hillside, and maintain pleasant views.

2.1. For projects with more than 100,000 cubic yards of onsite earthwork, avoid any mass cut and fill grading that would result in a change of 25 feet or greater in elevation from the existing natural grade to the finished manufactured grade at any one point on the site.

2.2. Use contoured grading lines that match or closely match the existing topography, generally avoiding lines that trace 45 to 90 degrees against the natural contour.

2.3. Utilize undulating banks for graded slopes to maintain the natural pattern of the topography to the greatest extent feasible.

2.4. Design the project's longer graded horizontal slope surfaces and slope increments (typically 300 or more feet in length) to be variable in terms of height and spacing to replicate natural topographical patterns, taking into account hydrology design and any sewer, water, and storm drain infrastructure.

2.5. Locate water tanks and other similar types of structures that are 20 feet tall or taller so that their highest point is at least 50 feet below the crest of the highest hilltop or ridgeline, on or off the site, that is located within 500 feet of the water tank or similar structure.

2.6. Locate visually intrusive structures (such as water tanks) so that they are hidden from public views, placing them behind hills, buildings, landscaping, existing trees, or other more appropriate and attractive screening objects.

2.7. Avoid berms and block walls that obstruct views from or to buildings; instead, locate and design the buildings in accordance with the other site planning, road circulation, building, and landscaping design measures contained in the Guidelines.

2.8. Design drainage facilities as multi-purpose site features ^[6] that are attractively landscaped, conserve water, improve water quality, and provide opportunity for recreational activity. (Note: These features may be counted towards required open space acreage, as improved open space, if designed to the County's satisfaction. Such features should be located in areas already designated for improvement such as park sites, roadsides, or previously-graded flat areas.)

2.9. Build retaining walls to be less than six feet in exposed height, and terrace the walls where appropriate and in a manner that does not substantially increase visual impacts.

2.10. Use earth-tone colors and materials ^[7] for exposed hardscape surfaces such as block walls, retaining walls, drainage terraces, and storm gutters.

2.11. Use attractive designs and materials that are compatible with, or that enhance, community character for any walls or fencing used to enclose public facilities (such as debris and retention basins), especially when such facilities are in highly-visible locations or are designed as "multi-purpose" site features. (Note: Safety and security shall be maintained for the facilities when using a more attractive wall or fence design.)

2.12. Use any other grading and public facility design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site, and allow the project to meet the findings required by Section 22.104.060 (Findings).

3. Road Circulation

Preserve the physical shape of the hillside, maintain good connectivity, and provide scenic roadway views.

3.1. Provide at least two points of paved roadway access ^[8] to a County highway (major or secondary) for any project (or portion of development) greater than 50 dwelling units and 10 acres in size. (Note: This practice should only be considered when the second road connection will not require a substantial amount of additional grading; special consideration may be given when connecting to an adjacent community or providing access to community services such as schools and parks.)

3.2. Locate and design new roadways to follow the existing natural slope contours, avoiding mass landform alteration and excessive grading. ^[9]

3.3. Utilize private drives instead of public streets on 50 percent or more of the project road circulation system to allow slightly higher gradients (up to 15 percent) that result in less grading and better conformance to natural slope contours, taking into account hydrology design and any sewer, water, and storm drain infrastructure.

3.4. Use undulating patterns and varying grades ^[10] for roadway segments exceeding 1,000 feet in length.

3.5. Connect roadways to form blocks wherever feasible (2,000 square feet or less block perimeter), such that at least 75 percent of the development footprint (to include public facilities) is contained within blocks. (Note: The purpose of this is to provide good access and connectivity for safety reasons, and to use roadways to buffer development from natural vegetated areas.)

3.6. Use culs-de-sacs in limited instances, such as where road connections would require grading into 50 percent or greater slopes or grading into 25 percent or greater slopes for a distance of more than 500 feet.

3.7. Provide unpaved trail or paved pedestrian path thru-connections (e.g. pedestrian paseos) for all culs-de-sacs. (Note: Fee-dedicated strips are recommended instead of easements on private lots.)

3.8. Utilize "edge" (single-loaded) roads along at least 50 percent of the development perimeter, in areas with steep hillside terrain, and to buffer development from undisturbed open space.

3.9. Place all new roadways and paved driveways at least 100 feet below the crest of the tallest hilltop or ridgeline located onsite, or offsite within 500 feet of the project boundary.

3.10. Design "split" roadways or landscaped medians to preserve unique or important natural features (such as oak trees or rock outcroppings).

3.11. Use bridge design techniques that are attractive, maximize the preservation of natural watercourses, and allow easy wildlife migration beneath the bridge (minimum 6 feet of vertical and horizontal clearance recommended).

3.12. Use private drives instead of public roadways when it will result in narrower roadway widths that create less grading. (Note: Private drives should conform to the Los Angeles County Private Drives and Traffic Calming Manual, and should not eliminate sidewalks or reduce sidewalk connections throughout the development.)

3.13. Use any other roadway circulation design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

4. Building Design

Promote more attractive views through building siting and orientation, and use of building materials and colors that complement natural hillside features.

4.1. Place structures or limit their height so that their rooflines are equal to or below the elevation of the roadway grade of the development above.

4.2. Utilize terraced (split-level) or "cantilevered" building designs wherever feasible on 25 percent or greater slopes. (Note: Split-level homes should have a second floor exterior that is visibly set-back from the first floor exterior so that a terraced profile can be seen from the public view.)

4.3. Use a variety of house, garage, and other building placements that better responds to the hillside terrain and creates a more interesting and attractive streetscape.

4.4. Limit building heights to two stories (or 25 feet) when sited on 25 percent or greater slopes or when the building pad elevation is located less than 50 feet below the crest of the nearest hilltop or ridgeline located within a linear distance of 500 feet.

4.5. Use a wider variety of architectural treatments and materials ^[11] for the facades and exteriors of buildings that are located in highly-visible areas on the site (such as main entryways, higher elevations, and isolated lots or building pads that can be seen from public view).

4.6. Use pitched roofs (at least 1.5:1) and shingles for new residences. ^[12]

4.7. Utilize architectural design techniques to screen rooftop mechanical equipment from public view.

4.8. Design building exteriors with stonework or woodwork that matches rock and tree varieties found in visible locations on the site or in the surrounding community within a distance of one mile. (Note: Materials shall not be sourced from sensitive or scarce local resources such as oak trees, unless the project design is already removing these materials on site due to other project constraints and reusing them).

4.9. For business signs, use wood construction materials and painted lettering/logos, avoiding the use of metal and plastic, and with 18 square feet or less total sign surface area (10 square feet for projecting signs) per business establishment.

4.10. Design monument signs to be constructed with wood, stone, brick, or decorative concrete, and to be no more than six feet in height. (Note: The placement of all monument signs shall accommodate an adequate line of sight to the adjacent roadway.)

4.11. Limit all signs so that they project upward no higher than the roofline of the building (or nearest adjacent building), and do not disrupt sightlines to the horizon.

4.12. Illuminate signs from the exterior, with downward-projecting, hooded light fixtures that minimize light trespass.

4.13. Use any other building design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

5. Landscaping

Preserve existing vegetation, conserve water, and provide more attractive and comfortable settings within the developed areas of the hillside project.

5.1. Retain and incorporate 50 percent or more of existing onsite trees and woodlands (particularly native and drought-tolerant species, and oak woodlands) into the overall project landscaping plan. ^[13]

5.2. Avoid all healthy ^[14] oak tree encroachments and removals through the sensitive location and design of development.

5.3. Landscape all graded slopes and improved open spaces in an attractive manner that accomplishes at least two or more of the following beyond a State- or County-required minimum (whichever is more restrictive): a) restores habitat; b) conserves water or improves water quality; c) provides shade for pedestrians and bicyclists; d) enhances slope stability (must landscape all slopes at least five feet high); e) increases fire protection; and f) provides recreational opportunities.

5.4. Utilize native and drought-tolerant trees, shrubs, and ground cover over all exposed graded areas.

5.5. Landscape at least 50 percent of all graded slopes and improved open spaces at a minimum ratio of one new shrub per 100 square feet of total graded slopes and improved open space area and one new tree per 800 square feet of total graded slopes and improved open space area.

5.6. Vary the height, placement, and color of appropriate landscaping materials throughout the site.

5.7. Use a wide variety of local and non-invasive plant species within the project's improved open space areas, matching or exceeding the variety found onsite and listed in the project's plant surveys and biota reports.

5.8. Plant new native and drought-tolerant trees and shrubs of a sufficient interval, size, and height to screen hardscape surfaces and unadorned features such as block walls, infrastructure, and exposed and prominently located building facades.

5.9. Use plant materials and irrigation systems that, combined, conserve water 20 percent or more beyond State and County requirements.

5.10. Reapply the graded topsoil to manufactured slopes and improved open space areas.

5.11. Use any other landscaping design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

VII. List of Design Exhibits

Design exhibits are necessary to evaluate the proposed development in accordance with County policies, code requirements, and case processing procedures. Some projects may not need to provide all exhibits listed below, but rather on an as-needed basis at the discretion of County staff when applicable.

• Site Plan (Exhibit "A")—A plan that shows existing contour intervals (10 feet or less), existing development and proposed development, to include lots, structures, roadways, driveways, grading, and building pads. Should also depict roadway and retaining wall cross sections.

• Site Profile—A scaled drawing that shows a cross-section view of the site from one edge to the other, showing the location of all development in the hillside and the overall extent of hillside encroachment and landform alteration. (Note: More than one cross section may be required to accurately assess hillside impacts.)

• Block Elevation—(For land divisions or larger multi-unit developments as applicable) A drawing that shows a row of multiple house (or other building) elevations as they would appear to the public from a lower vantage point on or adjacent to the site. May also include depictions of landscape screening.

• Landscape Plan—A color plan that shows all proposed landscaped areas, to include plant materials and any pedestrian and aesthetic features such as walkways, recreation equipment, fountains, gardens, etc. Should also depict existing vegetation that will be preserved, as well as oak or other mitigation trees (if known).

• Fuel Modification Plan—A specific type of landscape plan that shows all fuel modification zone boundaries, distances between boundaries, and types of vegetation, as required by the Fire Department. (Please refer to the Fire Department's separate guidelines when creating this plan.)

• Open Space Exhibit—A simplified site plan showing all proposed lots, roadways, and grading only; also depicts, numbers, and labels the restricted-use areas and separate lots to be preserved as open space; distinguishes between different types of open space and provides a legend that describes each type of open space; and provides a table listing the approximate acreage of the individual open space types and the quantity and percentage of improved (disturbed) and undisturbed open space within each lot, and for the overall project.

• Slope Map—A complete site plan (road and retaining wall cross sections excluded) that depicts the three different slope ranges (<25 percent, 25—49 percent, and <50 percent) according to a color scheme of green—yellow—red, respectively.

• Buildout Simulation—A color exhibit that shows how new development would impact existing hillside views. It typically depicts a "before" and "after" perspective view of the hillside(s), and includes realistic or semi-realistic photos or renderings of the actual buildings and landscaping that will be used in the development, showing how they will affect the hillside views.

• Viewshed Analysis—A site plan or cross section showing the specific degree angle of view from one or more vantage points on the site. The "sight-line" is drawn from the point of view to some object of observation (such as a road intersection or ridge-top) depicted at some distance from the point of view on or off-site. The sight line will show any intervening features that may block the line of sight.

(Ord. 2021-0010 § 20, 2021; Ord. 2019-0004 § 1, 2019.)