This chapter shall be known and referred to as the Vegetation Removal Ordinance of the City of Santa Barbara.
(Ord. 3808 §1, 1975)
The purpose of this chapter is to control the removal of vegetation from hillside areas of the City of Santa Barbara and areas designated as open space in the Open Space Element of the General Plan in order to prevent erosion damage, reservoir siltation, denuding, flood hazards, soil loss, and other dangers created by or increased by improper clearing activities; and to establish the administrative procedure for issuance of permits for vegetation removal.
(Ord. 3808 §1, 1975; Ord. 4043, 1980)
For the purposes of this chapter, the following words shall have the meanings set forth herein unless the context requires a different meaning:
means a parcel or a portion of a parcel which is within the Hillside Design District as defined in Section 22.68.060 of this code.
means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
means any lot or parcel of land or contiguous combination thereof under the same ownership, or portion of any lot or parcel, where vegetation removal is performed or permitted.
means introduced or native plants, shrubs, trees, grasses, and roots thereof.
(Ord. 3808 §1, 1975; Ord. 4878, 1994; Ord. 5416, 2007)
No person may permit, cause to have done or perform vegetation removal on any site in the Hillside Design District, as defined in Section 22.10.030 contrary to the terms of or without first having obtained a permit from the Division of Land Use Controls; except that a permit is not required for the following:
A.
Harvesting of crops, fruit or nut trees.
B.
Removal or destruction of vegetation on a site on which the total area of native vegetation removal is less than 1,000 square feet within a period of one year, and not exceeding 3,000 square feet in any five-year period, if such removal or destruction of vegetation is deemed appropriate, taking into account potential siltation or pesticide contamination of creeks, drainages or water supply reservoirs, by the Chief of Building and Zoning. Removal or destruction of non-native vegetation on a site on which the total area of non-native vegetation removal is less than 2,000 square feet within a period of one year, and not exceeding 6,000 square feet in any five year period, if such removal or destruction of vegetation is deemed appropriate, taking into account potential siltation or pesticide contamination of creeks, drainages or water supply reservoirs, by the Chief of Building and Zoning. Removal or destruction of native or non-native vegetation will not be subject to a Vegetation Removal Permit if the Applicant can show that the average slope of the removal site and access to the removal site is less than 20%.
C.
The removal or destruction of vegetation performed, caused to be performed, required to be performed, or approved by a fire prevention agency having jurisdiction including but not limited to weed abatement, clearance around a building or structure, fuel breaks, fire breaks and controlled burns, except that when new construction is proposed in the Hillside Design District and clearance will be required around the new construction under the California Fire Code, a Vegetation Removal Permit shall be required unless the applicant can show that the vegetation removal meets the exception set forth in subsection B above.
D.
The removal or destruction of vegetation by public utilities on existing rights-of-way or property owned by such utility or existing access rights-of-way to such utility rights-of-way or property.
E.
The removal or destruction of vegetation by public agencies on publicly owned property or rights-of-way for trails, roads, highways, streets, flood control projects or other similar or related public uses.
F.
The removal or destruction of vegetation in connection with work performed under a valid grading permit issued pursuant to the provisions of this title when the work includes precautionary measures to control erosion and flood hazards during the prosecution of such work as well as upon completion thereof and all conditions set forth in Section 22.10.060 of this chapter have been met.
(Ord. 3808 §1, 1975; Ord. 4043, 1980; Ord. 4878, 1994)
Prior to the removal or destruction of vegetation covered by this chapter, the owner or person in control of a site, or the agent of either one, shall submit a written application on forms prescribed and provided by the Division of Land Use Controls of the City of Santa Barbara, properly filled in. Said forms when completed shall at a minimum describe the proposed location, method, purpose, and duration of the vegetation removal and the anticipated impact on flood hazards, erosion, soil loss, reservoir siltation, sedimentation and water quality. No application shall be considered complete until the data requested by the application form is submitted to the Division of Land Use Controls, and an Environmental Assessment, if required, has been completed.
(Ord. 3808 §1, 1975; Ord. 4043, 1980)
Application and permit fees shall be established by resolution of the City Council. There shall be a fee for filing of an application which is intended to cover the costs of processing the application and is not refundable. In addition, there shall be a separate fee for the permit that is issued. Any person who shall commence work for which a permit is required under this chapter without first having obtained a required permit, shall, if subsequently permitted to obtain a permit, pay fees in the amount of five times the required fees as established by resolution.
(Ord. 4043, 1980)
The Division of Land Use Controls shall issue a permit approving the proposed vegetation removal when satisfied that the performance of the work will not be likely to create new or increase existing flood, erosion, soil loss, reservoir siltation, sedimentation or water quality hazards, and the proposed work conforms with the requirements of all applicable laws and rules and regulations adopted pursuant thereto. No such permit shall be issued unless it has been approved by the Architectural Board of Review or the Historic Landmarks Commission if it is in a Landmarks District.
A.
The Community Development Department may impose such conditions on the issuance of a permit as are deemed reasonably necessary to avoid creating new or increasing existing flood, erosion, soil loss, reservoir siltation, sedimentation or water quality hazards. These conditions may include, but shall not be limited to, the following:
1.
A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt or debris;
2.
The methods to be used in the removal or destruction of vegetation and the sequence of such operations;
3.
A requirement that portions of the area cleared which are not necessary for prompt use for crops or trees be planted with approved grasses or other plants to provide protection against erosion damage.
B.
Each permit issued shall contain the following conditions:
1.
Vegetation removal shall be prohibited from November 1st to April 15th of any year unless effective and specific erosion control measures approved by the Division of Land Use Controls are in place.
2.
Removal of any native vegetation in the 100-year flood zone of any creek or drainage shall be prohibited except as required for flood control purposes or to restore native habitat.
3.
Soil Suitability. Site specific agricultural soil tests shall be required on all very low suitability land planned for orchard crop production in order to determine the viability of that land for such crops prior to the issuance of any land use permits as set forth in Administrative Guidelines approved by resolution of City Council. Agricultural use shall not be allowed on land with non-viable soils including soils that are shown to have a very high erosion hazard potential or which qualify as Class VIII soils as defined by the United States Department of Agriculture Soil Conservation Service.
4.
Avocado Root Rot. Where a property is or is proposed to be planted with avocados in an area which is shown to have a very high root rot hazard, a three-to six-foot fence, wall or other suitable barrier shall be installed in order to prevent the spread of Avocado Root Rot.
5.
Minimization of Soil Erosion. A mixture of Blando Brome and Zorro Fescue shall be seeded in all cleared orchard areas between October 1 and November 15. Seeds shall be hand broadcast at a rate of eight pounds per acre and shall be covered by one-half to one inch of soil. Mowing shall occur after the seeded grass has matured in the Spring in order to allow for continued perpetuation.
6.
Oak Tree Removal. Any oak tree with a minimum trunk diameter of four inches measured four feet from the base of the trunk removed shall be replaced by five oak trees of the same species elsewhere on the lot. Replaced oak trees shall be effectively maintained.
7.
Habitat Protection. Removal of any native vegetation in the 100 year flood zone of any creek or drainage is prohibited, except as required for flood control purposes. In addition, vegetation removal shall be prohibited in any area that is determined to be a Southern Oak Woodland, Riparian or Bunchgrass habitat by a qualified biologist.
8.
Land clearing that involves noise generation greater than 60 dB(A) at the property line adjacent to any school or other educational facility shall not occur during hours when classes are in session.
(Ord. 3808 §1, 1975; Ord. 4043, 1980; Ord. 4878, 1994)
If any portion of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application thereof to other persons or circumstances shall not be affected thereby.
(Ord. 3808 §1, 1975)