Recognizing that trees on private property can make valuable
contributions to the urban forest of the City of Santa Barbara, this
chapter shall be known as and may be cited and referred to as the
"Tree Preservation Ordinance of the City of Santa Barbara."
(Ord. 5505, 2009)
The City follows 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 care and maintenance of City trees. The City encourages residents
to utilize and follow the current standards and best management practices
in the care and maintenance of their trees.
(Ord. 5505, 2009)
For the purpose of this chapter, certain terms and words are
hereby defined as follows:
Director.
The Director of the City's Parks and Recreation Department
or the Director's designated representative.
Historic Tree.
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."
Remove a Tree.
To cut a tree down or to otherwise remove a tree from its
location by any means.
Setback Tree.
A tree located in the front setback of any lot as the term
front setback is defined and specified in Title 28 of this code, the
Zoning Ordinance. A tree is a setback tree if more than 50% of the
tree trunk, measured at the highest natural grade adjacent to the
trunk, is within the front setback.
Significantly Alter a Tree.
To prune a tree in such a way that either (1) its natural
character is significantly altered, or (2) the height and/or spread
of the tree crown is reduced by more than one-quarter within any 12-month
period.
Specimen Tree.
Any 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."
Tree.
A usually tall, woody plant, distinguished from a shrub by
having comparatively greater height and, characteristically, a single
trunk rather than several stems.
Tree Crown.
The leaves and branches of a tree measured from the lowest
branch on the trunk to the top of the tree.
Tree on an Approved Plan.
A tree shown on an approved plan on record with the City
for a lot developed with a nonresidential or multi-unit residential
use.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 4619, 1990; Ord. 5312, 2004; Ord. 5505, 2009; Ord. 5798, 2017)
Except as provided in Sections
15.24.030 and
15.24.035, it is unlawful for any person to remove or significantly alter or to authorize or allow the removal or significant alteration of any of the following trees without a permit:
C. A tree
on an approved plan; or
D. A tree
designated as an historic or specimen tree by the City Council.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 5312, 2004; Ord. 5459, 2008; Ord. 5505, 2009)
Notwithstanding the prohibition specified in Section
15.24.020,
a tree that is subject to the prohibition specified in Section
15.24.020 may be lawfully removed without a permit if the tree satisfies any one of the following definitions:
A. The
main trunk of the tree is less than four inches in diameter at a point
four feet six inches above the highest natural grade adjacent to the
trunk;
B. The
tree is diseased, and the tree's condition is a source of present
danger to healthy trees in the immediate vicinity; provided, a certificate
attesting such condition has been filed with the Parks and Recreation
Director by a member of the American Society of Consulting Arborists,
an arborist certified by the International Society of Arboriculture,
or by an authorized employee of the City Parks and Recreation Department
at least 48 hours prior to the removal of the tree;
C. The
tree is so weakened by age, disease, storm, fire, or any injury so
as to cause imminent danger to persons or property; provided, prior
written notice of such condition has been given to the Parks and Recreation
Director at least 48 hours prior to the removal of the tree, or shorter
period if approved by the Parks and Recreation Director;
D. The
tree is dead; provided, prior written notice of such condition has
been given to the Parks and Recreation Director at least 48 hours
prior to the removal of the tree, or shorter period if approved by
the Parks and Recreation Director; or
E. The
Fire Department has ordered the tree removed in order to maintain
required defensible space on the lot or to comply with the City's
Wildland Fire Plan.
If the tree to be removed pursuant to this section is located
on a lot within El Pueblo Viejo Landmark District or the Brinkerhoff
Avenue Landmark District, and the removal of the tree will significantly
affect the exterior visual qualities of the lot, the Parks and Recreation
Director or the Community Development Director may require the replacement
of the tree with a tree approved by the Historic Landmarks Commission.
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(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 5312, 2004; Ord. 5505, 2009)
Notwithstanding the prohibition specified in Section
15.24.020,
a tree that is subject to the prohibition specified in Section
15.24.020 may be significantly altered without a permit if the tree satisfies either of the following definitions:
A. The
tree poses a potential danger to persons or property due to age, disease,
storm, fire, or other injury; provided:
1. A
written report prepared by a member of the American Society of Consulting
Arborists or an arborist certified by the International Society of
Arboriculture specifying the reason(s) for the reduction and the extent
of the proposed work is filed with the Parks and Recreation Director;
and
2. An
authorized employee of the City Parks and Recreation Department assesses
the condition of the tree and approves the proposed work as comporting
with sound arboricultural practices as specified in the American National
Standards Institute tree pruning standards [ANSI A300].
B. The
City Fire Department has ordered the pruning of the tree in order
to maintain required defensible space or to comply with the City's
Wildland Fire Plan; provided, the scope of the pruning allowed pursuant
to this section is limited to the extent of the pruning specified
in the Fire Department order that is filed with the Parks and Recreation
Director.
(Ord. 5312, 2004; Ord. 5505, 2009)
When a permit is required for the removal of a setback tree pursuant to this chapter, the application for such permit shall be processed as follows (excluding trees on lots within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District, which are processed pursuant to Section
15.24.055):
A. Application.
An application shall be filed with the Parks and Recreation Department
on forms provided for such purpose. The application shall show the
location and identity of the tree or trees sought to be removed by
diagram or plot plan and photograph(s), the name and address of the
owner, and such other information as indicated on the form provided.
B. Street Tree Advisory Committee recommendation. The application shall be presented to the Street Tree Advisory Committee at the first available meeting of the Committee following receipt of the application. The Street Tree Advisory Committee may receive a report from the Parks and Recreation Director regarding the application, and the Committee shall make a recommendation to the Parks and Recreation Commission to approve, conditionally approve, or deny the application based on the considerations specified in Section
15.24.080.
C. Decision on application. The application shall be presented to the Parks and Recreation Commission at the first available meeting of the Commission after the Street Tree Advisory Committee has made its recommendation. After receiving the recommendation of the Street Tree Advisory Committee and a report from the Parks and Recreation 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 factors listed in Section
15.24.080 and mak
e one or more of the findings specified in Section
15.24.090.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)
When a permit is required for the removal of a parking lot tree or a tree on an approved plan pursuant to this chapter, the application for such permit shall be processed as follows (excluding trees on lots within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District, which are processed pursuant to Section
15.24.055):
A. Application.
An application shall be filed with the Community Development Department
on forms provided for such purpose. The application shall show the
location and identity of the tree or trees sought to be removed by
diagram or plot plan and photograph(s), the name and address of the
owner, and such other information as indicated on the form provided.
B. Decision on application. The application shall be presented to the Architectural Board of Review at the first available meeting of the Board. After receiving a report from the Community Development Director, the Architectural Board of Review shall approve, conditionally approve, or deny the application. When making its decision, the Architectural Board of Review shall consider the factors listed in Section
15.24.080 and mak
e one or more of the findings specified in Section
15.24.090.
(Ord. 5505, 2009)
When a permit is required for the removal of a tree pursuant to this chapter, and the tree is located on a lot within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District (except historic or specimen trees, which are processed pursuant to Section
15.24.060), the application for such permit shall be processed as follows:
A. Application.
An application shall be filed with the Community Development Department
on forms provided for such purpose. The application shall show the
location and identity of the tree or trees sought to be removed by
diagram or plot plan and photograph(s), the name and address of the
owner, and such other information as indicated on the form provided.
B. Decision on application. The application shall be presented to the Historic Landmarks Commission at the first available meeting of the Commission. After receiving a report from the Community Development Director, the Historic Landmarks Commission shall approve, conditionally approve, or deny the application. When making its decision, the Historic Landmarks Commission shall consider the factors listed in Section
15.24.080 and mak
e one or more of the findings specified in Section
15.24.090.
(Ord. 5505, 2009)
When a permit is required for the removal of an historic or
specimen tree pursuant to this chapter, the application for such permit
shall be processed as follows:
A. Application.
An application shall be filed with the Parks and Recreation Department
on forms provided for such purpose. The application shall show the
location and identity of the tree or trees sought to be removed by
diagram or plot plan and photograph(s), the name and address of the
owner, and such other information as indicated on the form provided.
B. Street Tree Advisory Committee recommendation. The application shall be presented to the Street Tree Advisory Committee at the first available meeting of the Committee following receipt of the application. The Street Tree Advisory Committee may receive a report from the Parks and Recreation Director regarding the application, and the Committee shall make a recommendation to the Parks and Recreation Commission to approve, conditionally approve, or deny the application based on the considerations specified in Section
15.24.080.
C. Decision on application. The application shall be presented to the Parks and Recreation Commission at the first available meeting of the Commission after the Street Tree Advisory Committee has made its recommendation. After receiving the recommendation of the Street Tree Advisory Committee and a report from the Parks and Recreation 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 factors listed in Section
15.24.080 and mak
e one or more of the findings specified in Section
15.24.090.
(Ord. 5505, 2009)
As provided in Sections
15.24.040 through
15.24.060 above, the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review (as applicable) shall vote upon the application within 60 days after it is filed. A majority vote of the members present shall be required to approve a tree removal. A failure to vote to approve, conditionally approve, or deny the application within 60 days shall be deemed an approval of the application without condition. When a decision is made by the appropriate Board or Commission, the City Department processing the application shall notify the applicant in writing of the decision.
(Ord. 5505, 2009)
The following considerations shall be taken into account by
the Parks and Recreation Commission, the Historic Landmarks Commission,
or the Architectural Board of Review, as applicable, in acting upon
a tree removal request made pursuant to this chapter:
A. Whether
such tree is designated as an historic or specimen tree;
B. The
potential size of the tree in relation to the size of the lot or building
site and the size of the proposed or existing improvements;
C. The
number and size of other trees which would remain upon the building
site after the requested removal;
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;
E. Any
beneficial effects upon adjacent trees to be expected from the proposed
removal;
F. Whether
the tree sought to be removed was planted by or with the permission
of the applicant or the applicant's co-tenant at the time such tree
was planted;
G. The
condition and structure of the tree and the potential for proper tree
growth and development of the tree canopy.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)
Before approving or conditionally approving an application for the removal of a tree pursuant to this chapter
15.24, the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review, as applicable, shall make one or more of the following findings:
A. That
principles of good forest management will best be served by the proposed
removal;
B. That
a reasonable and practical development of the property on which the
tree is located requires removal of the tree or trees whose removal
is sought;
C. That
the character of the immediate neighborhood with respect to forestation
will not be materially affected by the proposed removal;
D. That
topography of the building site renders removal desirable;
E. That
regard for the safety of persons or property dictates the removal.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)
Any action of the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review 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. 3863, 1976; Ord. 5136, 1999; Ord. 5312, 2004; Ord. 5505, 2009)
For purposes of reference, the following provisions of this
code also concern the maintenance of trees and plants within the City
of Santa Barbara:
A. Section
8.04.020.G.5 and 6: "Fire Code Vegetation Management" and "Defensible
Space Requirements."
B. Chapter
8.20: "Vegetation Obstructing Public Places."
C. Chapter
15.20: "Tree Planting and Maintenance."
D. Chapter
22.10: "Vegetation Removal."
E. Chapter
22.11: "Maintenance of Approved Landscape Plans."
F. Section
22.22.130: "Approval for Construction, Demolition, Moving or Exterior
Alteration" (El Pueblo Viejo Landmark District and Brinkerhoff Avenue
Landmark District).
G. Chapter
22.68: "Architectural Board of Review" (Landscape Plans).
H. Chapter
22.69: "Single Family Design Board" (Landscape Plans).
I. Chapter
22.76: "View Dispute Resolution Process."
J. Section
28. 87.170: "Fences, Walls, Screens and Hedges."
K. Section
28.87.200: "Landscape or Planting Plan Approvals Standards."
L. Section
28.90.050: "Landscaping and Lighting" (Parking Lot Design Standards).
N. Section
30.175.090: "Parking Area Design and Development Standards."
(Ord. 5505, 2009; Ord. 5798, 2017)