Recognizing that the urban forest is a valuable asset to the
City of Santa Barbara, this chapter shall be known as and may be cited
and referred to as the "Street Tree Ordinance of the City of Santa
Barbara."
(Ord. 3000 §1, 1964; Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
For the purpose of this chapter, certain terms and words are
hereby defined as follows:
The person having control and management of the Parks and
Recreation Department of the City or the Director's designated representative.
Includes grass, turf or perennial plants that normally grow
in a prostrate manner so as to conceal, or with the purpose of concealing,
the ground surface, and that do not exceed eight inches in height,
and that will tolerate light pedestrian traffic.
A tree which has been found by the Parks and Recreation Commission,
the Historic Landmarks Commission, or the City Council to be a tree
of notable historic interest and has been designated by resolution
of the City Council as an "historic tree." For purposes of this definition,
trees designated by the City Council as an "historic tree" or an "historic
landmark tree" shall be treated as "historic trees."
For purposes of this chapter, maintenance or maintain shall
mean the following: pruning, spraying, bracing, root pruning, staking,
fertilizing, watering, treating for disease or injury, and other work
performed to promote the health, beauty, or adaptability of trees
and shrubs, but shall not include the watering of such trees in residential
zones.
A tree so designated by the Director because of its desirable
characteristics of growth and beauty with reference to its crown,
root structure, and adaptability to local climatic, soil and street
conditions. The Director shall keep a list of official trees.
Either (1) the area between the curb and sidewalk within
a fully improved street right-of-way; or (2) that area extending six
feet from the curb towards the nearest right-of-way line in an area
with no sidewalk; or (3) any area within a street right-of-way in
which an official or parkway tree is located.
A tree planted or caused to be planted by the City within
a street right-of-way.
Parks, playgrounds, areas around public buildings and all
other areas under the supervision and maintenance of the City not
including any street right-of-way.
Woody vegetation or a woody plant having multiple stems and
bearing foliage from the ground level up.
A tree which has been found by the Parks and Recreation Commission
to be of high value because of its type and/or age and which has been
designated by resolution of the City Council as a "specimen tree."
Shall have the meaning set forth in Chapter 28.04 or Section 30.300.190 of this Code.
A usually tall, woody plant, distinguished from a shrub by
having comparatively greater height and, characteristically, a single
trunk rather than several stems.
A planting area found in an otherwise paved street right-of-way.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5459, 2008; Ord. 5505, 2009; Ord. 5798, 2017)
All trees within a parkway strip shall be planted and maintained
according to the Master Street Tree Plan adopted by the City Council.
The Director shall administer the Master Street Tree Plan and, with
the approval of the Parks and Recreation Commission, shall have the
authority to amend or add to the Master Street Tree Plan at any time
that circumstances make such amendment or addition advisable.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)
It is unlawful to install or plant in a Parkway Strip any of
the following without a written permit from the Director: (1) any
tree not designated an official tree in the Master Street Tree Plan;
(2) any other plant whose ultimate growing height is over eight inches;
or (3) any other non-living ground cover. The Parks and Recreation
Department shall maintain a list of plant materials which comply with
the height requirements of this title.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
A.
The
Director is hereby made responsible for inspection, maintenance, removal
and replacement of all trees planted in public areas, parkway strips,
and tree wells.
B.
The
Director shall have authority to remove or replace any tree or other
planted improvements within a parkway strip which does not conform
to the "Master Street Tree Plan" or this title.
C.
The
Director shall comply with the pruning standards published by the
American National Standards Institute [ANSI A300] and the companion
best management practices published by the International Society of
Arboriculture in the inspection, maintenance, removal, and replacement
of all trees planted in public areas, parkway strips, and tree wells
with the following exceptions: (1) the Director has the discretion
to determine whether or not to prepare written objectives or specifications
for pruning activities; and (2) the Director has the discretion to
determine the appropriate amount of pruning based on a tree's species,
age, health, site, or other factors.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)
The applicant for any activity for which approval by the Architectural
Board of Review, the Historic Landmarks Commission, the Single Family
Design Board, or the Planning Commission is required by City law shall,
concurrently with processing of such application, submit to the Director
and the appropriate review body plans for the planting of official
trees within any parkway strip on or adjacent to the lot, parcel or
building site. The Director may designate the species, kind, number,
spacing, and method of planting of such trees and may require the
inclusion of root inhibiting barriers.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
No subdivision shall be approved unless it is found to include
planting of official trees within the parkway strips in conformity
with the "Master Street Tree Plan" and under the Director's supervision.
Any such approval shall assure that the costs of planting and first
two years maintenance, including irrigation, for all official trees
are borne by the subdivider. The Director may require the posting
of a performance bond to secure faithful performance of the planting,
maintenance, and irrigation obligations in a manner consistent with
the security provisions of the Subdivision Map Act (Government Code
Section 66499 et seq.).
(Ord. 4245, 1983; Ord. 5505, 2009)
Any proposed change in the direction or width of a public street
right-of-way or any proposed street improvement shall, where feasible,
incorporate plans for installation of parkway strips. Plans and specifications
for planting such areas shall be integrated into the general plan
of improvements and it shall be the duty of the City Engineer to coordinate
the design of such improvements with the Parks and Recreation Department
prior to completion of final overall plans. In order to provide for
coordinating the multiple use of all street improvements, plans and
specifications for street planting proposed by the Parks and Recreation
Department shall be submitted to the City Engineer, Traffic Engineer
and City Planner for their recommendations.
(Ord. 4245, 1983; Ord. 5312, 2004)
A.
An owner of property adjoining a street right-of-way is responsible for maintaining all trees and other vegetation planted between the edge of the pavement nearest said property and the right-of-way line separating the property from the street, except those trees to be maintained by the Director pursuant to Section 15.20.050. This maintenance obligation shall include keeping such area free from weeds or any obstructions inimical to public safety and or contrary to the Master Street Tree Plan. The placing of tar paper, plastic or other material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil in these areas, is prohibited.
B.
Nothing
in this chapter shall be deemed to relieve the owner of any property
from the duty to keep the property, including any adjacent sidewalks
and parkway strip in front thereof, in a safe condition and so as
not to be hazardous to public travel. For purposes hereof, "owner"
shall include any occupant of property.
(Ord. 4245, 1983; Ord. 5312, 2004)
The Director may remove a limb from any tree, regardless of
the location of such tree, if in the Director's opinion such removal
is necessary to maintain the safety of the public right-of-way. In
the event such tree is on private property, the Director shall notify
the property owner of the intent to remove a limb by written notice
at least 10 days prior to such removal and, where possible, obtain
the owner's consent for entry upon the property, except in the case
of manifest public danger and immediate necessity.
(Ord. 4245, 1983; Ord. 5312, 2004)
A.
Permit
required. Except for persons acting at the direction of the Director,
a written permit shall be required for any person to plant, prune,
trim, perform maintenance on, or remove any tree planted in a parkway
strip, tree well, public area or street right-of-way.
B.
Application.
Whenever a person desires to plant, prune, trim, perform maintenance
on, or remove any tree planted in a parkway strip, tree well, public
area or street right-of-way, an application shall be filed with the
Parks and Recreation Department on forms provided for such purpose.
The application shall show clearly, by diagram or plot plan and photograph(s),
the location and identity of the tree or trees sought to be planted,
maintained or removed; the name and address of the applicant; and
such other information as indicated on the form provided.
C.
Planting.
When an application proposes the planting of a tree in a parkway strip,
tree well, public area or street right-of-way, the Director shall
consider whether the proposed planting conforms to the Master Street
Tree Plan. The Director may designate the species, kind, number, spacing,
and method of planting of such trees and may require the inclusion
of root inhibiting barriers as necessary to conform to the Master
Street Tree Plan. The Director may approve, conditionally approve,
or deny the application. If the application does not conform to the
Master Street Tree Plan, or the applicant does not agree to the Director's
conditions of approval, the Director shall deny the application.
D.
Maintenance.
When an application is submitted for maintenance of a tree planted
in a parkway strip, tree well, public area or street right-of-way,
the Director shall consider whether the proposed maintenance will
benefit the state of the urban forest and may approve, conditionally
approve, or deny the application on the basis of that consideration
in the sole discretion of the Director. The Director may require written
specifications for the work proposed as part of the permit application.
E.
Removal.
When an application is submitted for the removal of a tree planted
in a parkway strip, tree well, public area or street right-of-way,
the application shall be processed in accordance with the following
procedures:
1.
Notice.
Any tree for which a removal permit has been requested must be posted
with notice of the permit request by the Parks and Recreation Department
for at least 10 days prior to issuing a permit for removal.
2.
Administrative
Review. The application shall first be reviewed by the Director to
consider whether the removal would benefit the state of the urban
forest considering the factors specified in paragraphs 3 and 4 below.
If the Director finds that the removal is either: (a) beneficial to
the state of the urban forest, or (b) necessary for public safety,
the Director may issue the permit. If the Director finds that the
removal will not benefit the state of the urban forest and is not
necessary for safety, the Director may deny the application. The Director
may also refer the application to the Street Tree Advisory Committee
for further review consistent with this section. Except in cases where
the Director finds removal is necessary for public safety, the applicant
or any interested person may request review of the application by
the Street Tree Advisory Committee and the Parks and Recreation Commission
as provided in this section.
3.
Street
Tree Advisory Committee. If the application is referred to the Street
Tree Advisory Committee by the Director or at the request of the applicant
or any interested person, the application shall be presented to the
Street Tree Advisory Committee at the next available meeting of the
Committee. The Street Tree Advisory Committee shall consider the application
and make a recommendation to the Parks and Recreation Commission to
approve, conditionally approve, or deny the application. When making
its recommendation, the Street Tree Advisory Committee shall consider
the following factors:
a.
Whether such tree is designated as an historic or specimen tree;
b.
Whether the tree species and placement conform to the "Master Street
Tree Plan";
c.
The condition and structure of the tree and the potential for proper
tree growth and development of the tree canopy;
d.
The number and location of adjacent trees on City property and the
possibility of maintaining desirable tree density in the area through
additional planting on City property; and
e.
Any beneficial effects upon adjacent trees to be expected from the
proposed removal.
4.
Parks
and Recreation Commission. Once the Street Tree Advisory Committee
has made its recommendation, the application and the Street Tree Advisory
Committee's recommendation shall be presented to the Parks and Recreation
Commission at the next available meeting of the Commission. After
receiving the recommendation of the Street Tree Advisory Committee
and a recommendation from the Director, the Parks and Recreation Commission
shall approve, conditionally approve, or deny the application. When
making its decision, the Parks and Recreation Commission shall consider
the following factors:
a.
Whether such tree is designated as an historic or specimen tree;
b.
Whether the tree species and placement conform to the "Master Street
Tree Plan";
c.
The condition and structure of the tree and the potential for proper
tree growth and development of the tree canopy;
d.
The number and location of adjacent trees on City property and the
possibility of maintaining desirable tree density in the area through
additional planting on City property; and
e.
Any beneficial effects upon adjacent trees to be expected from the
proposed removal.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)
It is unlawful for any person, except a person acting at the direction of the Director, to plant, prune, trim, perform maintenance on, or remove any tree planted in a parkway strip, tree well, public area or street right-of-way without the permit required pursuant to Section 15.20.110 of this Code.
(Ord. 5505, 2009)
Any work authorized by a permit shall be done under the general
supervision of the Director and in accordance with rules established
by the Director. All costs incurred in maintaining or removing a tree
as permitted pursuant to this chapter shall be borne by the permittee.
When a tree is removed under permit, the Director or Parks and Recreation
Commission may require a replacement tree to be planted, and all costs
related to the replacement tree shall be borne by the permittee.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
Any person, business, or corporation who receives a permit to
maintain or remove an official or parkway tree shall comply with all
of the following conditions:
A.
Carry
public liability and property damage insurance in an amount to be
determined by the City Council, and maintain a current certificate
of such insurance on file with the City Clerk.
B.
Conduct
all maintenance activities in compliance with the current pruning
standards published by the American National Standards Institute [ANSI
A300] and the companion best management practices published by the
International Society of Arboriculture. The Director or the Parks
and Recreation Commission may require written specifications for the
work proposed as a condition of the permit.
C.
Post
a performance bond in the amount equal to the cost of a proposed job,
if required by the Director.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)
No person shall interfere, or cause any person to interfere
with, any work being done under provisions of this chapter by any
employee of the City or any person or firm doing work for the City
on bid, hire or assignment.
(Ord. 4245, 1983)
It is unlawful for any person to injure or destroy any tree
growing within a City street right-of-way or in public areas by any
means, including, but not limited to, the following:
A.
Constructing
a concrete, asphalt, brick or gravel sidewalk or otherwise filling
up the ground area around any tree so as to substantially shut off
air, light or water from its roots;
B.
Piling
building equipment, material or any other substance around any tree
so as to cause injury;
C.
Pouring
any deleterious matter on or around any tree or on the surrounding
ground, lawn or sidewalk;
D.
Posting
any sign, poster, notice or otherwise on any tree, tree stake or guard,
or fastening any guy wire, cable, rope, nails, screws or other device
to any tree, tree stake or guard without having first obtained a permit
from the Director;
E.
Causing
any wire charged with electricity to come in contact with any tree
without having first obtained a permit from the Director;
F.
Causing
any fire or burning near or around any tree.
(Ord. 4245, 1983; Ord. 5312, 2004)
Any applicant or interested person may appeal a decision of
the Director regarding a permit required for planting or maintaining
a tree in a street right-of-way or public area by filing a written
notice thereof with the Parks and Recreation Department within 10
days after such decision is made. Implementation of the decision shall
be stayed during the pendency of the appeal. The notice shall clearly
specify the reasons for the appeal. The appeal shall be placed on
the agenda of the Parks and Recreation Commission at its next available
meeting. The Parks and Recreation Commission shall make a ruling based
on the evidence presented, and may sustain, modify or reverse the
decision of the Director.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
Any action of the Parks and Recreation Commission made pursuant to this chapter may be appealed to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
(Ord. 4245, 1983; Ord. 5136, 1999; Ord. 5312, 2004; Ord. 5505, 2009)
Any recommendation by the Parks and Recreation Commission or
the Historic Landmarks Commission to City Council for the designation
of a "Specimen" or "Historic" tree shall be preceded by two public
hearings, which shall be at least 30 days apart.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)
