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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

22.10.010 Title.<br />

22.10.020 Purpose.<br />

22.10.030 Definitions.<br />

22.10.040 Permit Required - Exceptions.<br />

22.10.010 Title.<br />

Chapter 22.10<br />

VEGETATION REMOVAL<br />

22.10.050 Application.<br />

22.10.055 Fees.<br />

22.10.060 Approval - Conditions.<br />

22.10.090 Severability.<br />

This chapter shall be known and referred to as the Vegetation Removal Ordinance <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong>.<br />

(Ord. 3808 §1, 1975.)<br />

22.10.020 Purpose.<br />

The purpose <strong>of</strong> this chapter is to control the removal <strong>of</strong> vegetation from hillside areas <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong><br />

and areas designated as open space in the Open Space Element <strong>of</strong> the General Plan in order to prevent erosion<br />

damage, reservoir siltation, denuding, flood hazards, soil loss, and other dangers created by or increased by improper<br />

clearing activities; and to establish the administrative procedure for issuance <strong>of</strong> permits for vegetation removal. (Ord.<br />

4043, 1980; Ord. 3808 §1, 1975.)<br />

22.10.030 Definitions.<br />

For the purposes <strong>of</strong> this Chapter, the following words shall have the meanings set forth herein unless the context<br />

requires a different meaning:<br />

A. "HILLSIDE DESIGN DISTRICT" means a parcel or a portion <strong>of</strong> a parcel which is within the Hillside<br />

Design District as defined in Section 22.68.060 <strong>of</strong> this <strong>Code</strong>.<br />

B. "PERSON" means any individual, firm, partnership, joint venture, association, social club, fraternal<br />

organization, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as<br />

a unit, and the plural as well as the singular number.<br />

C. "SITE" means any lot or parcel <strong>of</strong> land or contiguous combination there<strong>of</strong> under the same ownership, or<br />

portion <strong>of</strong> any lot or parcel, where vegetation removal is performed or permitted.<br />

D. "VEGETATION" means introduced or native plants, shrubs, trees, grasses, and roots there<strong>of</strong>.<br />

(Ord. 5416, 2007; Ord. 4878, 1994; Ord. 3808 §1, 1975.)<br />

22.10.040 Permit Required - Exceptions.<br />

No person may permit, cause to have done or perform vegetation removal on any site in the Hillside Design<br />

District, as defined in Section 22.10.030.A contrary to the terms <strong>of</strong> or without first having obtained a permit from the<br />

Division <strong>of</strong> Land Use Controls; except that a permit is not required for the following:<br />

A. Harvesting <strong>of</strong> crops, fruit or nut trees.<br />

B. Removal or destruction <strong>of</strong> vegetation on a site on which the total area <strong>of</strong> native vegetation removal is less<br />

than one thousand (1,000) square feet within a period <strong>of</strong> one year, and not exceeding three thousand (3,000) square<br />

feet in any five year period, if such removal or destruction <strong>of</strong> vegetation is deemed appropriate, taking into account<br />

potential siltation or pesticide contamination <strong>of</strong> creeks, drainages or water supply reservoirs, by the Chief <strong>of</strong> Building<br />

and Zoning. Removal or destruction <strong>of</strong> non-native vegetation on a site on which the total area <strong>of</strong> non-native<br />

vegetation removal is less than two thousand (2,000) square feet within a period <strong>of</strong> one year, and not exceeding six<br />

thousand (6,000) square feet in any five year period, if such removal or destruction <strong>of</strong> vegetation is deemed<br />

appropriate, taking into account potential siltation or pesticide contamination <strong>of</strong> creeks, drainages or water supply<br />

reservoirs, by the Chief <strong>of</strong> Building and Zoning. Removal or destruction <strong>of</strong> native or non-native vegetation will not<br />

be subject to a Vegetation Removal Permit if the Applicant can show that the average slope <strong>of</strong> the removal site and<br />

access to the removal site is less than twenty percent (20%).<br />

C. The removal or destruction <strong>of</strong> vegetation performed, caused to be performed, required to be performed, or<br />

approved by a fire prevention agency having jurisdiction including but not limited to weed abatement, clearance<br />

around a building or structure, fuel breaks, fire breaks and controlled burns, except that when new construction is<br />

proposed in the Hillside Design District and clearance will be required around the new construction under the<br />

California Fire <strong>Code</strong>, a Vegetation Removal Permit shall be required unless the applicant can show that the<br />

vegetation removal meets the exception set forth in Paragraph B above.<br />

D. The removal or destruction <strong>of</strong> vegetation by public utilities on existing rights-<strong>of</strong>-way or property owned by<br />

such utility or existing access rights-<strong>of</strong>-way to such utility rights-<strong>of</strong>-way or property.<br />

391 rev. 12/31/09

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