A. 
The regulations contained in this chapter shall be known as and referred to as "The Native Tree Protection Ordinance."
B. 
The purpose of this chapter is to implement those goals and policies of the city of Buellton general plan that promote the preservation of native trees to maintain the character of the city, preserve the city's beauty and identity, and protect native habitat.
(Added during 2010 recodification)
A. 
The provisions of this chapter do not apply to removal of native trees by the federal government on leased or federally-owned property, by the city of Buellton, by the county of Santa Barbara or any district of which the board of supervisors is the governing body, by the state of California or an agency of the state acting in its sovereign (governmental) capacity, on any state university or college, and on certain facilities of local agencies as defined in Government Code Section 53090 et seq.
B. 
The removal of protected trees (as defined in Section 12.32.050) that are naturally dead or uprooted, or that are within 50 feet of an existing residential structure, or that pose an immediate threat to safety, as determined by a qualified arborist, shall be exempt from the requirements of this chapter.
(Added during 2010 recodification)
The city council shall establish by resolution a schedule of fees for processing the applications required by this chapter. All required fees shall be paid at the time of filing the applications with the planning department and no processing shall commence until the fee is paid.
(Added during 2010 recodification)
For the purpose of this chapter, certain terms and words are defined as follows:
"Acorn"
shall mean the fruit and viable seed of an oak tree.
"Blue oak tree (Quercus douglasii)"
shall mean a very slow growing deciduous oak tree that inhabits the inland mountains and higher elevations of Santa Barbara County.
"California sycamore (Plantanus racemosa)"
shall mean a broad-leaved, open crowned, deciduous tree ranging from 30 feet to 100 feet tall with a similar width. Bark is mottled gray/brown and is smooth and peels off producing a camouflaged appearance. Main trunk often divides into spreading or leaning secondary trunks with contorted branches. Sycamores are often associated with creeks and rivers.
"Canopy"
shall mean the foliar cover of a tree or trees (including twigs, branches, and leaves). Where more than one tree's branches touch or overlap, they form one continuous cover or canopy.
"Coast live oak (Quercus agrifolia)"
shall mean an evergreen tree with a broad round shape and large limbs growing 30 feet to 70 feet high and 35 feet to 80 feet wide. Leaves are deep glossy green, one inch to three inches long, spiney and holly-like with distinctly cupped or curled leaf edges. This is the most common species of oak in the Buellton and northern Santa Barbara County areas.
"Cottonwood (Populus balsamifera ssp. trichocarpa and Populus fremontii)"
shall mean a deciduous tree growing from 30 feet to 100 feet high. The leaves are heart-shaped and turn color in fall prior to dropping off the tree. The bark is smooth on young specimens and becomes deeply fissured with a white cracked bark as the tree ages. It is associated with riparian habitat along the Santa Ynez River and its tributary drainages.
"Deadwood"
includes any limbs or branches on a tree that contain no green leaves or live tissue, as determined by a qualified arborist or biologist. A limb or branch may be considered deadwood if it does not show evidence of any green leaves or live branches over the span of one full year.
"Deciduous oak tree"
shall mean an oak tree with leaves that fall seasonally. For the purposes of this chapter deciduous oaks include but not be limited to valley oaks (Quercus lobata) and blue oaks (Quercus douglasii).
"Diameter at breast height (DBH)"
shall mean the total cross-sectional diameter between the outside bark of an oak tree measured in inches at a height four and one-half feet above the ground on the uphill side of the tree. In the case of trees with multiple stems (trunks), the diameter of all stems at breast height shall be combined to calculate the diameter at breast height of the tree.
"Dripline"
shall mean a vertical line extending from the outermost edge of the tree's natural canopy to the ground.
"Forest"
shall mean a community of trees characterized by a more or less dense, contiguous and extensive canopy cover.
"Native"
shall mean indigenous; of a species occurring naturally in an area.
"Native tree removal"
shall mean causing a native tree to die, be uprooted or removed from the ground by any means, including, but not limited to, cutting, uprooting, poisoning, or burning (unrelated to controlled burns). Excessive pruning or topping, or severing a tree's roots enough to lead to the death of the tree, would also be considered native tree removal. Death by natural causes (e.g., sudden oak death syndrome) or removals required due to disease or regulatory requirements shall not be considered a removal.
"Native tree removal permit"
shall mean a discretionary permit required as prescribed by this chapter prior to removal of a specified number of protected trees.
"Native tree removal thresholds"
shall mean an amount of tree removal that requires a permit.
"Nursery stock"
shall mean plants grown in a nursery.
"Nurture"
shall mean to promote the growth of a tree through means such as watering, weeding, protecting (i.e., fencing) and fertilizing.
"Planning director"
shall mean the planning director of the city of Buellton.
"Protected tree"
shall mean a native tree eight inches or greater in trunk diameter at breast height for a single trunk tree. For a tree with multiple stems, a tree is considered protected when the cumulative total of the stem diameters at breast height is 12 inches or greater.
"Protection zone"
shall mean that area within the dripline of a protected tree and extending out to a point at least five feet outside the dripline, or 15 feet from the trunk of a tree, whichever distance is greater.
"Uprooted"
shall mean where a tree is no longer supported in an upright position by its roots anchored in the soil; its trunk or main limbs are now resting on the ground and the roots are partially or wholly out of the soil.
"Valley oak (Quercus lobata)"
shall mean a species of deciduous oak tree that inhabits inland valleys and hills at lower elevations in central California. In Santa Barbara County, valley oaks are found north of the Santa Ynez Mountain Range. Quercus lobata is the largest oak tree found in California.
"Watershed"
shall mean a region or land area drained by a single stream, river or drainage network.
"Woodland"
shall mean a community of native trees with an open canopy and with the intervening area occupied by lower vegetation, commonly grass. Woodland includes riparian areas.
(Added during 2010 recodification)
A. 
All protected trees shall be protected from existing and future development activities to the maximum extent possible. Development activities shall be located outside of the dripline of the trees.
B. 
Protected trees shall not be removed without prior authorized consent from the planning director. Prior to the removal of any protected tree, the property owner or their agent shall submit an application, on a form authorized by the city, along with the applicable fee, to the planning department of the city for determination by the planning director. Within ten business days from the submittal of the complete application, the planning director shall issue a written determination on which protected tree or trees may be removed and the conditions of replacement as set forth in Section 12.32.070. Any authorized or unauthorized protected trees removed shall be replaced pursuant to Section 12.32.080. Any decision of the planning director may be appealed to the planning commission.
C. 
The planning director may authorize the removal of protected trees under one or more of the following conditions:
1. 
To protect public safety;
2. 
To protect the integrity of an existing structure or roadway;
3. 
To avoid or minimize the spread of disease, or if another native tree's health is at risk;
4. 
To avoid or minimize the spread of non-native invasive species;
5. 
To reduce fuel loads in fire management zones;
6. 
If the tree is dead;
7. 
To protect or maintain electric power or communication line or other property of a public utility during emergency or routine maintenance.
D. 
Unauthorized removal of protected trees is an infraction and punishable pursuant to Chapter 1.30 of this code.
(Added during 2010 recodification)
A. 
All oak trees shall be replaced at a ratio of three oak trees planted for every oak tree removed. All cottonwood and sycamore trees shall be replaced at a ratio of two cottonwood or sycamore trees for every cottonwood or sycamore tree removed. The replacement trees shall be the same species that are removed.
B. 
On-site replacement is given priority over off-site replacement except where no suitable on-site locations exist, or reasonable use of the lot would be precluded as determined by the planning director along with a qualified arborist. In such cases the replacement trees may be planted in an off-site location acceptable to the applicant, the landowner and the city. For off-site replacement planting locations priority shall be given to nearby sites and to sites adjoining existing woodlands or providing links between woodlands.
C. 
Prior to removal of any trees, a tree replanting schedule, site plan, and long term maintenance plan shall be submitted and approved.
D. 
Replacement oak trees that are planted must come from nursery stock grown from locally-sourced acorns, or use acorns gathered locally, preferably from the same watershed in which they are planted.
E. 
Replacement oak trees shall be established in a location suitable for their growth and survival as determined by an arborist, no closer than 20 feet from each other or from existing oak trees and no farther than 165 to 180 feet from each other or existing oak trees unless otherwise approved by the arborist.
F. 
The replacement trees shall be nurtured for five years, the last two without supplemental watering. At the end of the five years, all replacement trees must be alive, in good health as determined by the arborist, and capable of surviving without nurturing and protection.
G. 
Each replacement tree must be protected against damaging ground disturbance, soil compaction, or over-irrigation within the dripline. It must be fenced to protect it from grazing or browsing by animals both below and above ground until it has reached a minimum of eight feet in height.
(Added during 2010 recodification)