The City Council finds and declares as follows:
A.
Both
views and trees and vegetation contribute to the aesthetic value,
quality of life, ambiance and economic value of properties within
the City of Santa Barbara. Similarly, access to sunlight across property
lines contributes to the health and well being of community members,
enhances property values and provides an opportunity to utilize solar
energy. Utilization of passive solar energy reduces air pollution,
visual blight and promotes the general health and welfare of the residents
of the City.
B.
Views,
whether of the Pacific Ocean, the Channel Islands, the City, the Santa
Ynez Mountains, the surrounding hillsides and canyons, or other natural
and man-made landmarks produce a variety of significant and tangible
benefits for both residents and visitors. Views contribute to the
aesthetic visual environment of the City of Santa Barbara by providing
scenic vistas and inspiring distinctive architectural design.
C.
Trees
and vegetation produce a wide variety of significant psychological
and tangible benefits for both residents and visitors to the community.
Trees and vegetation provide privacy, modify temperatures, screen
winds, replenish oxygen to the atmosphere, maintain soil moisture,
mitigate soil erosion and provide wildlife habitat. Trees and vegetation
contribute to the visual environment and aesthetics by blending, buffering
and reducing the scale and mass of architecture. Trees and vegetation
within the City provide botanical variety and a sense of history.
Trees and vegetation also create shade and visual screens and provide
a buffer between different land uses.
D.
The
benefits derived from views, trees and vegetation and sunlight may
come into conflict. The planting of trees and other vegetation and
their subsequent growth, particularly when such trees are not properly
maintained, can produce unintended harmful effects both on the property
on which they are planted or on neighboring properties.
(Ord. 5220, 2002)
The intent and purpose of this chapter is to accomplish the
following:
A.
Right
to Scenic View and Sunlight Access. Establish the right of a real
property owner to preserve scenic views and access to sunlight free
from unreasonable obstructions caused by the growth of trees under
circumstances where such views and sunlight access existed prior to
the growth of the unreasonable obstruction.
B.
Dispute
Resolution Process. Establish that real property owners are in need
of a process to resolve disputes among themselves concerning view
or sunlight access within the immediate vicinity of their property.
C.
Evaluation
Procedures. Establish procedures and evaluation criteria by which
private real property owners may seek a mutually acceptable resolution
of such views or sunlight access disputes.
D.
Protect
Trees. Discourage ill-considered damage to trees and vegetation and
promote proper use of trees and landscaping establishment and maintenance.
E.
Not
a Covenant or Servitude. It is not the intent and purpose of this
chapter for the City to create either a covenant running with the
land or an equitable servitude.
F.
Right
Exclusive to This Chapter. Nothing herein shall be deemed to establish
a general right of a homeowner to affect or restrict the lawful development
or use (including the use and maintenance of landscaping) of a neighboring
property under circumstances where such development or use is otherwise
permitted, approved, or allowed under the provisions of the Santa
Barbara Municipal Code. In addition, nothing herein shall be deemed
or construed to provide a homeowner with any thing other than the
rights specified in this chapter for the restoration of a view or
access to sunlight and a right to utilize the dispute resolution process
for addressing unreasonable tree or vegetation view obstructions,
as such claim process is established herein.
(Ord. 5220, 2002)
For the purpose of this chapter, the following words and phrases
shall have the meanings set forth herein:
To take action that changes a tree or vegetation, including,
but not limited to, extensive pruning of the canopy area, topping,
cutting, girdling, interfering with the water supply, applying chemicals
or regrading around the feeder root zone of the tree or vegetation.
A voluntary legal procedure for settling disputes and leading
to a determination of rights of parties, usually consisting of a hearing
before an arbitrator where all relevant evidence may be freely admitted
as set forth in California Code of Civil Procedure Section 1280 et.
seq.
A mutually agreed upon neutral third party professional intermediary
who conducts a hearing process and who hears testimony, considers
evidence, and makes a decision for the disputing parties. The arbitrator
may be chosen from a list available from the City of qualified and
professionally trained arbitrators, including, but not limited to,
members of the American Association of Arbitrators.
A person who has passed a series of tests by the International
Society of Arboriculture (ISA), is governed by ISA's professional
code of ethics and possesses the technical competence through experience
and related education and training to provide for or supervise the
management of trees and other woody plants.
A person, as defined herein, who has been designated and
approved in writing by a real property owner of record to act on his
or her behalf in matters pertaining to the processing of a view or
sunlight claim as outlined in this chapter.
The umbrella-like structure created by the overhead leaves
and branches of a tree which create a sheltered area below.
Real property of which the City is the fee simple owner of
record.
Documentation, as set forth in Section 22.76.050, that outlines the basis of view or sunlight access diminishment and the specific restoration action that is being sought which shall serve as the written basis for arbitration or a legal cause of action under the provisions of this chapter.
Any property owner, group of property owners (or an authorized agent thereof) who allege that tree(s)/vegetation located within the immediate vicinity of their property as set forth in Section 22.76.040 is causing unreasonable obstruction of the view or blocking the sunlight benefiting the real property of the Complainant.
The rounded top of the tree.
A method of comprehensive trimming that reduces a tree's
height or spread. Crown reduction entails the reduction of the top,
sides, or individual limbs of a tree by means of removal of leaders
or the longest portion of limbs to a lateral large enough to assume
the terminal.
To take action that endangers the health or vigor of a tree
or vegetation, including, but not limited to, cutting, girdling, interfering
with the water supply, applying chemicals or re-grading around the
base of the trunk of a tree.
The Director of the City Community Development Department.
The overall reduction of the mass of a tree by modification
to its major limbs.
A comprehensive method of trimming that systematically and
sensitively removes excess foliage and improves the structure of a
tree.
A landscape professional retained to provide advice and information
regarding landscape plans, view or sunlight claims, and landscaping
techniques and maintenance procedures.
Pruning with the primary objective of maintaining or improving
tree health and structure; includes "crown reduction/shaping" or "lacing,"
but not ordinarily "topping" or "heading back."
A neutral, objective third party professional negotiator
to help disputing parties reach a mutually satisfactory solution regarding
a view or sunlight claim. The mediator may be chosen from a list available
from the City of qualified and professionally trained (arbitrators/mediators),
including, but not limited to, members of the American Association
of Arbitrators.
The blocking or diminishment of a view or sunlight access
attributable to growth, improper maintenance or location of trees
or vegetation.
Any individual, individuals, corporation, partnership, firm
or other legal entity.
The removal of plant material from a tree or from vegetation.
Rights or interests of ownership of land and all appurtenances
to the land including buildings, fixtures, vegetation and improvements
erected upon, planted, or affixed to the land.
Any specific steps taken affecting trees or vegetation that
would result in the restoration of a view or sunlight access across
real property lines.
The cutting of branches or trunk of a tree in a manner which
substantially reduces the overall size of the tree or destroys the
existing symmetrical appearance or natural shape of the tree and which
results in the removal of main lateral branches leaving the trunk
and branches of the tree in a stub appearance. "Topping" and "heading
back" as defined herein are considered to be severe pruning.
The selective removal of a portion of trees from a grove
of trees.
The portion of a right-of-way easement used for public purposes,
such as roadway improvements, curbs, gutters and sidewalks, dedicated
to the City, and formally accepted by the City into the City public
street system for maintenance purposes.
The availability or access to light from the sun across property
lines.
Eliminating the upper portion of the trunk or main leader
of a tree.
Any woody perennial vegetation that generally has a single
trunk and reaches a height of at least eight feet at maturity.
Any person owning real property in the City whereon tree(s)
or vegetation is located.
A vista of features, including, but not limited to, bodies
of water, beaches, coastline, islands, skylines, ridges, hillside
terrain, canyons, geologic features, mountains, and landmarks. The
term "view" does not necessarily include an unobstructed panorama
of these features.
The selective thinning of framework limbs or specific areas
of the crown of a tree to allow a view from a specific point.
(Ord. 5220, 2002)
A.
Private
view dispute resolution. Subject to the other provisions of this chapter,
the owner or owners of real property within the City (as the "Complainant")
may initiate the private view dispute resolution process provided
for in this chapter. However, a request for view or sunlight access
dispute resolution may only be made if such a claim has not been initiated
against the same real property by the Complainant with respect to
the same tree or vegetation obstruction within a two-year time period
prior to the initiation of the most recent request.
(Ord. 5220, 2002)
A.
Notice to City of complaint. A Complainant shall notify the City Community Development Department of any request for mediation or arbitration pursuant to the provisions of this chapter and shall provide the City with the claim documentation materials described in subsection B below. Such notification and documentation shall be for the purposes of City recordkeeping regarding the use of this chapter only and shall not obligate the City to assist or advise a property owner or participate in the dispute resolution process in any way.
B.
Contents
of claim. A view or sunlight restoration dispute resolution process
claim shall consist of all of the following documentation and evidence:
1.
Evidence
of Prior View. A written description of the nature and extent of the
alleged obstruction, including pertinent and corroborating photographic
evidence. Evidence may include, but is not limited to, documented
and dated photographic prints or slides as well as written testimony
or declarations from residents living in the area. Such evidence should,
if possible, show the extent to which the view or sunlight access
has been diminished over time by the excessive growth of the trees
or vegetation;
2.
Evidence
Regarding Unreasonable Tree Blockage. The location of all trees or
vegetation alleged to cause the obstruction, the address of the property
upon which the trees or vegetation are located, and the present tree/vegetation
owner's name and address;
3.
Desired
Action. The specific view or sunlight access restoration actions being
requested by the Complainant in order to resolve the allegedly unreasonable
view obstruction;
4.
Evidence of Attempted Resolution. Evidence that an initial discussion between the two property owners (as described in Section 22.76.060) has been made and has failed. Evidence may include, but is not limited to, copies of receipts for certified or registered mail correspondence;
5.
Evidence
of Ownership. Evidence confirming the ownership and the date of acquisition
of the Complainant's property.
(Ord. 5220, 2002)
A.
Initial
contact. A Complainant who believes that a tree or some other vegetation
which has grown on another person's real property has caused unreasonable
obstruction of a view or sunlight access from the Complainant's property
shall first advise the tree or vegetation property owner of such view
or sunlight blockage concerns. This notification shall request personal
discussions to enable the Complainant and tree/vegetation property
owner to attempt to reach a mutually agreeable solution and shall
be followed up with a written confirmation of any agreed-upon resolution
and schedule for the required work of view restoration.
B.
Notification requirements. The initial notification from the Complainant to the owner of the tree/vegetation shall provide a copy of the View Preservation Ordinance (Chapter 22.76). In the initial notification, the Complainant shall invite the tree/vegetation owner to view the alleged obstruction from the Complainant's property, and the tree/vegetation owner is urged to invite the Complainant to view the situation from the owner's property. Failure of the tree/vegetation owner to respond to the written request for initial discussion within 30 days from the date of posting shall be deemed a refusal by the owner to participate in the initial discussion phase of the process.
C.
Failure
to agree. After the initial discussion, if the parties do not agree
as to the existence and nature of the Complainant's obstruction or
to the appropriate restoration action or if the initial discussion
is refused, the Complainant may proceed with the subsequent dispute
resolution process outlined herein with respect to mediation, arbitration,
and court action.
(Ord. 5220, 2002)
A.
Mediation request. If initial discussion under Section 22.76.060 fails to achieve agreement between the tree/vegetation owner and Complainant, the Complainant may send to the tree/vegetation owner a request that the tree/vegetation owner accept participation in a mediation process in an effort to resolve the view or sunlight blockage claim. Acceptance of mediation by the tree/vegetation owner shall be voluntary. However, the request may inform the tree/vegetation owner that failure to participate in mediation may be brought to the court's attention in the event of subsequent legal action by the Complainant. Failure of the tree/vegetation owner to respond to the notice requesting mediation within 30 days from the date of posting shall be deemed formal refusal of the mediation process by the tree/vegetation owner.
B.
Selection
of mediator. If the tree/vegetation owner agrees to participate in
a mediation process, the parties shall agree in writing to the selection
of an individual mediator, which may be chosen from a list of professional
mediators available from the City Community Development Department.
C.
Authority of mediator. The mediator is encouraged to be guided by the provisions of this chapter, including the claim evaluation criteria and the hierarchy of restoration actions set forth in Sections 22.76.110 and 22.76.120, respectively, in attempting to mediate a resolution of the view or sunlight blockage claim. The mediator may request a consultation or information from a certified arborist (chosen from a list of such arborists made available by the Community Development Director) regarding any questions involving landscape techniques or maintenance procedures, with the expense of such consultation payable as a mediation expense in accordance with the provisions of this chapter.
D.
Role
of the mediator; costs; failure to respond. The role of the mediator
shall be advisory in nature and shall not be binding in establishing
view or sunlight restoration action. Any agreement reached between
the two parties as a result of the mediation process described herein
shall be reduced to writing by the mediator and signed by the mediator
and all of the parties. The cost of mediation shall be paid by the
Complainant or shared in a manner set by mutual agreement between
the parties. The failure of the tree/vegetation owner to respond to
implement (or allow the implementation of) a mediated resolution within
30 days of the submission of the mediated resolution to the owner
(as established by the posting date) shall be deemed a refusal by
the tree/vegetation owner to accept mediation.
(Ord. 5220, 2002)
A.
Request for arbitration. If the initial discussion under Section 22.76.060 or a mediated resolution pursuant to Section 22.76.070 fails to achieve agreement between the tree/vegetation owner and the Complainant, the Complainant may advise the tree/vegetation owner in writing that the Complainant is requesting participation in a formal arbitration process. Acceptance of arbitration by the tree/vegetation owner shall be voluntary. However, the request may inform the tree/vegetation owner that failure to participate in the arbitration process may be brought to the court's attention in the event of subsequent legal action by the Complainant pursuant to Section 22.76.090.
The tree/vegetation owner shall have 30 days from posting of
the arbitration notice to either accept or decline arbitration. Failure
to respond within 30 days shall be deemed a formal refusal of arbitration.
If accepted, the parties shall agree in writing to the selection of
an individual arbitrator, who may be chosen from a list of professional
arbitrators available from the City, within 30 days of such acceptance.
If the parties do not agree on a specific arbitrator within 30 days,
either party may petition a court of competent jurisdiction to appoint
an arbitrator.
B.
Authority of arbitrator. The arbitrator is encouraged to be guided by the provisions of this chapter, including the claim evaluation criteria and the hierarchy of restoration actions set forth in Sections 22.76.110 and 22.76.120 of this chapter, in attempting to help resolve the view or sunlight blockage claim and shall submit a complete written decision to the Complainant and the tree/vegetation owner. An arbitrator is encouraged to request a report from a certified arborist with respect to the view obstruction dispute. Any decision of the arbitrator shall not be binding and shall only be enforceable pursuant to the provisions of California Code of Civil Procedure Section 1285 et seq.
C.
Acceptance
of the arbitrator's decision; costs of arbitration. The failure of
the tree/vegetation owner to implement the arbitrator's decision within
30 days of the posting of the written decision shall be deemed a refusal
to accept arbitration. The costs of arbitration shall be paid by the
Complainant or shared by mutual agreement between the parties.
(Ord. 5220, 2002)
A.
Initial complaint. If a Complainant has pursued and has been unsuccessful in attempting to obtain an acceptable restoration under Section 22.76.060 ("Initial Discussion"), Section 22.76.070 ("Mediation"), or Section 22.76.080 ("Arbitration"), the Complainant may initiate a civil action in Superior Court for the County of Santa Barbara for resolution of owner's view or sunlight claim under the provisions of this chapter. The Complainant is encouraged to provide the Court the results of the view or sunlight claim resolution process, particularly any proposed mediator's or arbitrator's decision, as well as any report or study prepared by a certified arborist prepared in connection with the view obstruction dispute. At the discretion of the judge issuing a judgment pursuant to this section, the judgment may be recorded in the official records of Santa Barbara County.
B.
Subsequent
complaints. A Complainant who has initiated a Complaint and obtained
Restoration Action through mediation or arbitration under this chapter
with respect to a particular Obstruction within two years of a subsequent
Complaint shall not be required to seek mediation or arbitration on
the subsequent Complaint for the same obstruction prior to initiating
legal action pursuant to this section.
(Ord. 5220, 2002)
Except as otherwise authorized by law, no tree or vegetation on real property owned or controlled by another person may be removed, destroyed, or otherwise altered unless the Complainant either enters into a written agreement with the tree/vegetation owner allowing the Complainant to enter the property to do so or the Complainant obtains a judicial determination specifying, in detail, the nature and timing of the restoration action, the Complainant's right to enter the property, and designating the parties responsible for performing such restoration action. In all cases, restoration actions shall be structured and implemented in accordance with the hierarchy established by Section 22.76.120.
(Ord. 5220, 2002)
In evaluating and resolving a view or sunlight claim, the following
unranked criteria shall be considered:
A.
The
vantage point(s) in the Complainant's home from which the view or
sunlight is obtained or received;
B.
The
extent of the view or sunlight obstruction;
C.
The
quality of the view or sunlight access, including the existence of
landmarks or other unique view features, or the extent to which these
views or sunlight access are blocked by tree(s) or vegetation;
D.
The
extent to which the view or sunlight access is diminished by factors
other than tree(s) or vegetation;
E.
The
extent to which the tree(s) or vegetation have grown to obscure the
enjoyment of view or sunlight access from the Complainant's property
compared with the view or sunlight access which was available at the
time the Complainant acquired his or her home;
F.
The
number of existing trees or amount of vegetation in the area, the
number of healthy trees that a given parcel of land will support,
and the current effects of the tree(s) and their removal on the neighboring
vegetation;
G.
The
extent to which the tree(s) or vegetation provide:
1.
Screening
or privacy;
2.
Energy
conservation or climate control;
3.
Soil
stability, as measured by soil structure, degree of slope, and extent
of the tree's root system when a tree is proposed for removal;
4.
Aesthetics;
5.
Community
or neighborhood quality or significance;
6.
Shade;
7.
Historical
context due to the age of the tree/vegetation;
8.
Rare
and interesting botanical species;
9.
Habitat
value for wildlife; and
10.
Blending, buffering or reduction in the scale and mass of adjacent
architecture.
H.
The
date the Complainant purchased his or her property and circumstances
which existed at that time with respect to the view;
I.
The
date the tree/vegetation owner purchased his or her property and circumstances
which existed at that time with respect to the view;
J.
The
distance between the Complainant's home and the tree or vegetation
Obstruction for which Restoration Action is sought;
K.
Whether
the tree or vegetation Obstruction is located within a City-designated
"High Fire Hazard" zone and constitutes the type of trees or vegetation
not generally encouraged for new residential construction within such
zones;
L.
The
extent to which the City has an interest in the preservation of an
affected tree in its present form due to its unique character, its
historical importance, or other specific factors as may be identified
by a certified arborist.
(Ord. 5220, 2002)
View or sunlight restoration actions must be consistent with all other provisions of this chapter and Title 22 generally. Severe pruning should be avoided due to the damage such practice causes to the tree's form and health. Restoration actions may include, but are not limited to the following, in order of preference:
A.
Lacing
or Thinning. Lacing/thinning is the most preferable pruning technique
that removes excess foliage and can improve the structure of the tree.
B.
Vista
Pruning. Vista pruning of branches may be utilized where possible,
if it does not adversely affect the tree's growth pattern or health.
Topping should not be done to accomplish vista pruning.
C.
Crown
Reduction. Crown reduction is preferable to topping or tree removal,
if it is determined that the impact of crown reduction does not destroy
the visual proportions of the tree, adversely affect the tree's growth
pattern or health, or otherwise constitute a detriment to the tree(s)
in question.
D.
Stand
Thinning. The removal of a portion of the total number of trees from
a grove of trees, without any replacement plantings.
E.
Topping.
Eliminating the upper portion of a tree's trunk or main leader. Topping
is only to be permitted for trees specifically planted and maintained
as a hedge, espalier, bonsai or in pollard form and if restoration
actions A through D of this section will not accomplish the determined
restoration and the subsequent growth characteristics will not create
a future obstruction of greater proportions.
F.
Heading
Back. Eliminating the outer extent of the major branches throughout
the tree. Heading back is only to be permitted for trees specifically
planted and maintained as a hedge, espalier, bonsai or in pollard
form and if restoration actions A through E of this section will not
accomplish the determined restoration and the subsequent growth characteristics
will not create a future obstruction of greater proportions.
G.
Tree/Vegetation
Removal. Tree or vegetation removal, which may be considered when
the above-mentioned restoration actions are judged to be ineffective
and may be accompanied by replacement plantings or appropriate plant
materials to restore the maximum level of benefits lost due to tree
removal.
(Ord. 5220, 2002)
The costs of restoration action and subsequent maintenance shall
be determined either by agreement between the tree or vegetation owner
and the Complainant or as required pursuant to any final arbitration
decision or court order.
(Ord. 5220, 2002)
A.
Non-liability
of City. The City shall not be liable or responsible for any damages,
injury, costs or expenses which are the result of any recommendations
or determinations made by City Staff or mediator, or decisions made
by other persons (e.g., arbitrator or judge) concerning a view or
sunlight claim or a Complainant's assertions pertaining to views or
sunlight access granted or conferred herein.
B.
City
enforcement. Under no circumstances shall the City have any responsibility
or obligation to enforce or seek any legal redress, civil or criminal,
for any decision made concerning a view or sunlight claim.
(Ord. 5220, 2002)
