_____

A.

Tree Protection Plan.

1.

The Applicant for a land use entitlement for a commercial cannabis activity that would involve pruning, damage, or removal of a native tree, shall prepare and submit to the Department a Tree Protection Plan prepared by a Department-approved arborist designed to determine whether avoidance, minimization, or compensatory measures are necessary.

2.

The Plan shall include:

a.

Biologically favorable options for access roads, utilities, drainages, and structure placement, taking into account native tree and shrub species, age, and health with preservation emphasized.

b.

Designated development envelopes. Include utility corridors, irrigation lines, roadways, driveways, etc.

c.

Equipment storage (including construction materials, equipment, fill soil, or rocks) and construction staging and parking areas outside of the protection area.

d.

The type and location of protective fencing or other barriers to be in place to protect trees in protection areas during construction.

e.

The location of all tree wells or retaining walls. These shall be located outside the area within six feet of the dripline of all protected trees unless authorized by the County.

f.

The location of all paths within 25 feet of dripline areas. Only pervious paving materials are permitted within 6 feet of dripline areas.

g.

The location of any replacement trees.

3.

During construction these standards shall be met:

a.

All trees shall be protected by a fence located at least 6 feet outside of the dripline. Fencing shall be at least 3 feet high, staked to prevent any collapse, and with signs identifying the protection area placed in 15-foot intervals on the fencing.

b.

All grading and construction fencing, staking, and signage shall be maintained.

c.

All trees located within 25 feet of buildings shall be protected from stucco and/or paint.

d.

No irrigation is permitted within 6 feet of the dripline of any protected tree unless specifically authorized.

e.

If the use of hand tools is deemed infeasible by the Director, work with rubber-tired construction equipment weighing 5 tons or less may be authorized by the Director. If significant large rocks are present, or if soil placement will impact surrounding trees, then a small tracked excavator may be used as determined by the Department-approved biologist.

f.

A Department-approved arborist shall direct and oversee any development activity required within the dripline or sensitive root zone of any specimen tree. Any roots of one inch in diameter or greater which are encountered during grading or construction, and/or tree removal or trimming, must be cleanly cut.

g.

Grading shall be designed to avoid ponding and ensure proper drainage within driplines of oak trees.

h.

The Applicant shall designate a Department-approved arborist to be onsite throughout all grading and construction activities which may impact native trees. Duties of the arborist include the responsibility to ensure all aspects of the approved Tree Protection Plan are carried out.

4.

Replacement trees shall be installed in compliance with the following standards:

a.

The replacement trees must be a native species, planted at a 10:1 ratio for oak trees (15:1 for Blue or Valley Oaks), and a 2:1 ratio for other trees.

b.

The replacement trees must be species from locally obtained plants and seed stock.

c.

The replacement trees must be gopher-fenced.

d.

The replacement trees must be irrigated with drip irrigation on a timer until established.

e.

The replacement trees must be weaned off of irrigation over a period of 2 to 3 years.

f.

No replacement tree shall require permanent irrigation within the dripline of the tree.

g.

If replacement trees cannot all be accommodated on the same lot, the Applicant shall submit a plan for replacement trees to be planted offsite.

h.

The replacement trees must be protected from predation by wild and domestic animals and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period.

5.

The Applicant shall install all measures identified by the Tree Protection Plan onsite prior to commencement of cannabis activities, as applicable. All such measures shall be indicated on final plans.

6.

Prior to issuance of the cannabis permit, the Applicant shall submit the Tree Protection Plan to the Department for review and approval. The Applicant shall implement all tree protection measures of the Tree Protection Plan pursuant to the specific timing requirement for each measure set forth in the Tree Protection Plan.

7.

The Department shall dispatch, on an ongoing basis, a qualified inspector to monitor and ensure compliance with the Tree Protection Plan.

B.

Habitat Protection Plan

1.

The Applicant for a land use entitlement for a cannabis activity that would involve clearing of native vegetation or other sensitive vegetation in an area that has been identified as having a medium to high potential of being occupied by a special-status wildlife species, nesting bird, or a Federal or State-listed special-status plant species, shall prepare and submit a Habitat Protection Plan prepared by a Department-approved biologist, in coordination with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) as required for State or Federal permits and State or Federally listed species, designed to determine whether avoidance, minimization, or compensatory measures are necessary.

2.

Focused species-specific surveys shall be required to determine whether a sensitive species or nesting bird may be present, and shall be conducted at the appropriate time of year and time of day when that species is active or otherwise identifiable. Where warranted by the findings of initial review, protocol level surveys may also be required.

3.

If the project site is located within the known habitat of a species listed as rare, threatened, or endangered by the USFWS and/or CDFW, the issuance of a permit does not relieve the permit-holder of any duties, obligations, or responsibilities under the Endangered Species Act or any other law.

4.

The Plan shall include:

a.

The location and extent of all driplines and sensitive root zones for all vegetation to be preserved.

b.

The location of sensitive habitat with a detailed description of proposed disturbance.

c.

Original and new locations for replanted species.

d.

Designated development envelopes. Include utility corridors, irrigation lines, roadways, driveways, etc.

e.

Equipment storage (including construction materials, equipment, fill soil, or rocks) and construction staging and parking areas.

f.

Sensitive habitats, including but not limited to those listed below, shall be preserved.

(1)

Southern Vernal Pool

(2)

Valley Needlegrass Grassland

(3)

Southern California Coastal Lagoon

(4)

Southern California Steelhead Stream

(5)

Southern California Threespine Stickleback Stream

(6)

Coastal and Valley Freshwater Marsh

(7)

Northern and Southern Coastal Salt Marsh

(8)

Central Coast Arroyo Willow Riparian Forest

(9)

Southern Coast Live Oak Riparian Forest

(10)

Southern Cottonwood Willow Riparian Forest

(11)

Southern Willow Scrub

(12)

Central Maritime Chaparral

g.

During construction all sensitive habitat shall be temporarily fenced with chain-link or other material satisfactory to the Department, at least 200 feet from the edge of the sensitive habitat, and staked to prevent any collapse.

h.

During construction and grading, all fencing, staking, and barriers shall be maintained.

i.

During construction if it becomes necessary (as authorized by the Department) to disturb or remove any plants within the habitat area, a Department-approved biologist shall direct the work. Where feasible, specimens shall be boxed and replanted. If a Department-approved biologist certifies that it is not feasible to replant, plants shall be replaced under the direction of the Department-approved biologist at a 1:1 ratio. If replacement plants cannot all be accommodated on the same lot, a plan must be approved by the Department for replacement plants to be planted offsite.

j.

During construction all grading activities shall be designed to ensure that habitat areas have proper drainage during and after construction, per a Department-approved biologist's recommendations.

k.

If any ground disturbances will occur during the nesting bird season (February ? mid-September), prior to any ground disturbing activity, surveys for active nests shall be conducted by a Department-approved biologist following CDFW approved protocols, no more than 10 days prior to the start of activities. The surveys shall be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. Identified nests shall be continuously surveyed for the first 24 hours prior to any activities to establish a behavioral baseline. Once work commences, all nests shall be continuously monitored to detect any behavioral changes. If behavioral changes are observed, the work causing that change shall cease and CDFW shall be consulted for additional avoidance and minimization measures. A minimum no disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no disturbance buffer around the nests of unlisted raptors shall be maintained until the breeding season has ended, or until the biologist determines that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Any variance from these buffers shall be supported by the biologist and CDFW shall be notified in advance of implementation of a no disturbance buffer variance.

l.

Applicants shall submit information about proposed pest management practices, including Integrated Pest Management techniques and proposed use, storage, and application of pesticides, herbicides, and/or rodenticides by type and amount as part of a Pest Management Plan to be reviewed and approved by the Department and the County Agricultural Commissioner (CAC) prior to issuance of a land use entitlement for the proposed cannabis activity. The Pest Management Plan shall describe the methods to be used for pest control, including the type, location, timing, and methods used for any rodenticide. If rodents are a pest issue for an applicant, non-toxic alternatives to rodenticides are recommended, such as mechanical controls like traps, gopher fencing, and weeding; biological controls such as natural pheromones; or cultural controls such as site maintenance and hygiene. Consistent with the California Department of Pesticide Regulation (DPR) determination that commercially grown cannabis is an agricultural commodity, cannabis cultivation on all licensed sites shall comply with the requirements of Division 6 and 7 of the Food and Agricultural Code and pertaining regulations. These laws and regulations set forth requirements for the legal use of pesticides, herbicides, and/or rodenticides, and are enforced by the CAC. Any uses of pesticide, herbicide, or rodenticide products shall be consistent with these requirements and any products on the site shall be placed, used, and stored in a manner that ensures that they will not enter or be released uncontrolled into the environment, including surface or ground waters. Per the California DPR's established regulatory process, commercial cannabis cultivators planning on using pesticides, herbicides, and/or rodenticides shall obtain an Operator Identification Number from the CAC before they can purchase or use these chemicals. Within the Pest Management Plan, the applicant shall demonstrate sufficient knowledge of regulatory requirements regarding the safe and effective use of pesticides and/or rodenticides. Applicants that opt to use rodenticides shall provide an annual report of rodenticide use data to the CAC and County permitting.

5.

Subsequent actions identified as necessary in the Habitat Protection Plan, such as species removal or relocation, shall be initiated following any required consultation with USFWS and CDFW pursuant to Federal and State regulations (respectively).

6.

The Applicant shall install all measures identified by the Habitat Protection Plan prior to commencement of cannabis activities or as otherwise specified in the Habitat Protection Plan. All necessary requirements identified in the Habitat Protection Plan such as buffers, species monitoring, and plant species replacement, shall be indicated on final plans.

7.

The Applicant shall submit a Habitat Protection Plan to the Department and demonstrate that all requirements pertaining to the Habitat Protection Plan have been implemented and completed prior to issuance of permits or licenses for cannabis activities.

8.

The Department shall dispatch on an ongoing basis a qualified inspector to monitor and ensure compliance with the Habitat Protection Plan.

C.

Wildlife Movement Plan.

1.

The Applicant shall prepare a Wildlife Movement Plan for all commercial cannabis activities proposed in or near wildlife movement areas for the Department's review and approval. A Department-approved biologist shall review the Plan and confirm the adequacy of design for passage of smaller wildlife and safe prevention of entry by larger mammals, such as deer. The Applicant shall demonstrate to the Department that all perimeter fencing requirements are in place as required prior to commencement of cannabis activities. The Plan shall include:

a.

The type, material, length, and design of proposed fencing.

b.

Proposed fencing shall be designed to accommodate for the passage of smaller wildlife and safe prevention of entry by larger mammals, such as deer, and be non-disruptive, wildlife-friendly fencing, such as post and rail fencing, wire fencing, and/or high-tensile electric fencing.

c.

Analysis of the proposed fencing in relation to the surrounding opportunities for migration.