Chapter 9A — BRUSH REMOVAL, SOUTHEASTERLY COASTAL AREA AND COASTAL ZONE

Sec. 9A-1. - Purpose of chapter.

The purpose of these regulations is to regulate the removal of native brush, shrubs, trees and roots thereof within the southeasterly coastal area of the unincorporated territory of the County of Santa Barbara in order to prevent erosion damage, flood hazards and soil loss to lands in that area. The area of the county covered by these regulations as described therein is different from other areas of the County of Santa Barbara in that it consists largely of steep terrain where brush is often removed in areas adjacent to urban areas, in many cases upstream from residences and other urban uses, so that unless removal of the native brush, shrubs, trees and roots thereof is carefully controlled, the rapid runoff from torrential winter rainfalls is very likely to do substantial damage to the lands from which such vegetation is removed and other lands downstream therefrom because of severe erosion, flooding and soil loss. This has occurred previously on a number of occasions when extensive and uncontrolled wildfires in the foothill and mountain areas have burned off the native vegetation and have been followed by intensive rainfalls, all of which have caused great and severe erosion, flooding and soil loss with substantial damage to property.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-2. - Definitions.

For the purposes of this chapter 9A, the following words shall have the following meanings:

"Coastal zone" means that land and water area of the County of Santa Barbara extending seaward to the state's outer limit of jurisdiction, including all offshore islands and extending inland to the boundary shown on the county's coastal land use plan maps, as amended from time to time.

"Major vegetation removal" means the removal of native vegetation, brush, trees or orchards involving a total of one-half acre of land or more within a period of twelve months.

"May" is permissive.

"Natural vegetation" means the native plants, shrubs, trees and roots thereof. It does not include any crops, ornamental plantings, fruit or nut trees.

"Parcel" means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant or person, whether divided into lots or separate assessor's parcels or not.

"Person" means any individual, firm, copartnership, 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.

"Shall" is mandatory.

"Watersheds" means regions or areas drained by a network of surface or subsurface watercourses.

(Ord. No. 2767, § 1; Ord. No. 3314, § 2; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-3. - Severability.

If any portion of this chapter 9A or the application thereof to any person or circumstances is held invalid, the remainder of this chapter 9A and the application thereof to other persons or circumstances shall not be affected thereby.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-4. - Invalid exceptions.

Should any exception to the provisions of this chapter 9A be held invalid, such exception shall thereupon be deemed deleted from the ordinance.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-5. - Area covered.

No person shall remove, destroy or cause the removal or destruction of natural vegetation within the southeasterly coastal areas of the County of Santa Barbara described hereinafter without first obtaining

written approval from the building and safety division of the department of planning and development. The area covered by this chapter 9A is the unincorporated area of the County of Santa Barbara bounded on the east by the boundary line between the counties of Santa Barbara and Ventura from the Pacific Ocean northerly to the crest of the Santa Ynez Mountains; on the north by the crest of the Santa Ynez Mountains from the said county boundary line westerly to the intersection with U.S. Highway 101; on the west along said U.S. Highway 101 from the crest of the Santa Ynez Mountains to the point where said U.S. Highway 101 turns from running northerly and southerly to run easterly and westerly and a prolongation of said northerly and southerly portion of said U.S. Highway 101 to the Pacific Ocean; and on the south by the Pacific Ocean easterly from said prolongation of said portion of U.S. Highway 101 to the boundary line between Ventura and Santa Barbara counties.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-6. - Exceptions.

The provisions of this chapter 9A shall not apply to, and written approval shall not be required for:

(a)

Removal or destruction of vegetation on a parcel if limited to an area or areas not exceeding a total of five acres within any twelve-month period.

(b)

The removal or destruction of vegetation, performed, caused to be performed or required to be performed, by a fire prevention agency having jurisdiction under chapter 15 of this Code or otherwise, including, but not limited to, weed abatement, clearance around a building or structure, fuel breaks and fire breaks.

(c)

The removal or destruction of vegetation by public utilities on existing rights-of-way or property owned by such utility or on existing access rights-of-way to such utility rights-of-way or property.

(d)

The removal or destruction of vegetation on existing publicly owned rights-of-way for trails, roads, highways, streets, flood control projects or other similar or related public uses.

(e)

Controlled burns approved by the fire agency having jurisdiction.

(f)

The removal or destruction of vegetation by agricultural preparation methods known as "discing" or "rotary shredding" or chemical means or by hand tools, except that if the removal or destruction of vegetation is to occur on parcels zoned MT-GOL in compliance with chapter 35 of the County Code, then this exception shall apply only if the removal or destruction is required to allow for the productive agricultural use of the property.

(g)

The removal or destruction of vegetation in connection with work performed under a grading permit issued pursuant to the provisions of chapter 14 of this Code when the work includes precautionary measures to control erosion and flood hazards during the prosecution of such work, as well as upon completion thereof.

(Ord. No. 2767, § 1; Ord. No. 4635, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-7. - Application.

Prior to the removal or destruction of natural vegetation covered by this chapter 9A, the owner or person in control of a parcel, or the agent of either one, shall submit a written application on forms prescribed and provided by the building and safety division of the department of planning and development of the County of Santa Barbara, properly filled in.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-8. - Fees.

At the time of submitting the application, the applicant shall pay to the planning and development director a fee. The amount of the fee shall be established by resolution of the board of supervisors.

(Ord. No. 2767, § 1; Ord. No. 3037, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-9. - Approval; conditions.

The building and safety division of the department of planning and development shall approve the application when satisfied that the performance of the work will not be likely to create new or increase existing flood erosion or soil loss hazards, the required fee has been paid, and the proposed work conforms with the requirements of all applicable laws and rules and regulations adopted pursuant thereto.

In granting approval hereunder, the building and safety division of the department of planning and development may impose such conditions thereon as are deemed reasonably necessary to avoid creating new or increasing existing flood erosion or soil loss hazards. These conditions may include, but shall not be limited to the following:

(a)

A requirement that certain protective structures or devices be installed in or adjacent to drainage course to control downstream transportation of silt or debris;

(b)

The methods to be used in the removal or destruction of natural vegetation and the sequence of such operations;

(c)

A requirement that portions of the area cleared which are not necessary for prompt use for crops or trees or planted with approved grasses or other plants to provide protection against erosion damage.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-10. - Seasonal prohibition.

No clearing or removal of brush requiring written approval by this chapter shall be done from October 1 to March 1 of any year.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-11. - Approval by failure to act.

Failure to approve, approve conditionally or disapprove an application to remove or destroy natural vegetation made hereunder within thirty days after such application is filed with the building and safety division of the department of planning and development or within such longer periods as may be mutually agreed upon, in writing, between the applicant and the building and safety division of the department of planning and development, shall be deemed to be approval of said application without conditions. Failure to act upon any appeal within fourteen days after such appeal is submitted or longer period agreed to by the appellant shall be deemed to be an unconditional approval of the original application.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-12. - Appeals.

Any action by the building and safety division of the department of planning and development may be appealed, in writing within thirty days after such action to the grading board of appeals, as established under chapter 14, section 14-32 of the Santa Barbara County Grading Code. All appeal procedures for the grading board of appeals as provided in chapter 14 of the Santa Barbara County Code shall apply herein.

(Ord. No. 2767, § 1; Ord. No. 4782, § 1, 4-5-2011)

Sec. 9A-13. - Brush removal—In coastal zone.

This section is added to this chapter 9A to implement certain policies contained within the Santa Barbara County coastal land use plan. The provisions of this section shall apply only to the area lying within the coastal zone as defined in section 9A-2 and are in addition to the provisions set forth elsewhere in this chapter. The provisions of this section shall not apply to control burns or construction of fire breaks.

In order to ensure long-term preservation of the biological productivity of streams and wetlands, the protection of visual resources, and the prevention of hazards to life and property, the following provisions shall apply to major vegetation removal for agricultural development in the coastal zone (agricultural development does not include crop rotation and other activities involving management practices on existing agricultural land in production).

Where agricultural development will involve the construction of service roads and/or major vegetation removal for orchard development, a brush removal permit from the building and safety division of the department of planning and development (as provided in section 9A-7 through 9A-12) is required.

(a)

In cases of crop and/or orchard development, cover cropping or other appropriate means of soil protection shall be required as a condition of the permit to minimize erosion until the crops or orchards are mature enough to form a vegetative canopy over the exposed earth.

(b)

Where service roads are to be constructed, lands from which vegetation is removed shall be protected by appropriate means from substantial erosion.

(Ord. No. 3314, § 3; Ord. No. 4782, § 1, 4-5-2011)

This section is added to this chapter 9A in order to protect reservoirs which supply domestic water to the south coast area of Santa Barbara County and which are located in the unincorporated territory of the county of Santa Barbara, from inundation with resulting damage and pollution caused by major vegetation removal from the watersheds above and surrounding such reservoirs.

Major vegetation removal in the watersheds above and around the Lauro Canyon Reservoir, around the Glen Annie Reservoir, and around any other reservoir located in the unincorporated territory of the county of Santa Barbara south of the Santa Ynez mountains which supplies domestic water to any public water purveyor shall require a brush removal permit. Such brush removal permit shall impose conditions

reasonably necessary to prevent inundation of such reservoirs and damage and water pollution due to such inundation, erosion, siltation or other results of such major vegetation removal.

(Ord. No. 3314, § 4; Ord. No. 4782, § 1, 4-5-2011)

A.

Any act or condition that violates this chapter 9A shall constitute a public nuisance subject to abatement cost recovery procedures set forth in Government Code Section 54988. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this Code shall be liable for and obligated to pay to the county all costs incurred by the county in obtaining abatement or compliance which is attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the county, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

B.

When an administrative fine or penalty becomes a final administrative order pursuant to County Code section 24A-7 or upon confirmation of the order pursuant to Government Code Section 53069.4(c), and at the subsequent conclusion of the enforcement action, the director of planning and development shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or responsible party by certified mail, or other service methods in accordance with California Code of Civil Procedure Section 415.20, as amended.

C.

Any owner of the property who receives a summary of costs/billing statement shall have the right to a hearing before the director of planning and development on their objections to the costs. The request for hearing shall be filed in writing within ten (10) working days of personal service or the date of mailing of the billing statement. The director shall hold a hearing on the objections within thirty (30) days of the request for a hearing.

D.

In determining the validity of costs assessed, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include, but are not limited to, whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation or lack thereof provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

E.

In the event that no request for a hearing has been filed, or after a hearing, the director determines the validity of the costs, the billing statement shall be a final order and the owner shall be liable to the county in the amount stated in the billing statement or as determined by the director in the hearing.

F.

If the final order on a summary of costs has not been paid within forty-five (45) days of notice thereof, these costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county, or by recording a lien against the property that is the subject of the enforcement activity pursuant to California Government Code Section 54988 et seq.

(Ord. No. 4914, § 1, 3-24-2015)

CHAPTER 15B - DEVELOPMENT ALONG WATERCOURSES

Sec. 15B-1. - Legislative intent.

The purpose of this chapter is to provide controls on development adjacent to watercourses in the unincorporated areas of the County of Santa Barbara. The controls are necessary to:

(a)

Prevent undue damage or destruction of development by flood waters;

(b)

Prevent development on one parcel from causing undue detrimental impact on adjacent or downstream properties in the event of flood waters;

(c)

Protect the public health, safety and welfare.

(Ord. No. 3095, § 1)

Sec. 15B-2. - Definitions.

Whenever in this chapter the following words or phrases are used, they shall have the following meanings:

"Area of special flood hazard" means the land in the flood plain within a community subject to the one percent or greater chance of flooding in any given year.

"Board of building appeals" or "board" means the board of building appeals referred to in section 10-17 of the Santa Barbara County Code.

"Building official" means the deputy director of the building and safety division of the planning and development department, for the County of Santa Barbara, or his/her authorized representatives.

"Development" means any man-made change to improved or unimproved real property, including, but not limited to, buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the flood which has a one percent chance of being equaled or exceeded in any given year.

"Four rivers" means the Santa Ynez River, the Santa Maria River, the Sisquoc River and the Cuyama River.

"Person" means and includes a natural person, a corporation, a partnership, or any other legal entity.

"Substantial improvement" means "substantial improvement" as that term is defined in subparagraph (71) of section 15A-5 of chapter 15A of the Santa Barbara County Code.

"Toe of the bank" means the line formed by the intersection of the general plane of the sloping side of a watercourse with the general plane of the bed of the watercourse.

"Top of the bank" means the lien formed by the intersection of the general plane of the sloping side of the watercourse with the general plane of the upper generally level ground along the watercourse; or, if the existing sloping side of the watercourse is steeper than the angle of repose (critical slope) of the soil or geologic structure involved, "top of the bank" shall mean the intersection of a plane beginning at the toe of the bank and sloping at the angle of repose with the generally level ground along the watercourse. The angle of repose is assumed to be 1.5 (horizontal): 1 (vertical) unless otherwise specified by a geologist or soils engineer with knowledge of the soil or geologic structure involved.

or geologic structure involved, "top of the bank" shall mean the intersection of a plane beginning at the toe of the bank and sloping at the angle of repose with the generally level ground along the watercourse. The angle of repose is assumed to be 1.5 (horizontal): 1 (vertical) unless otherwise specified by a geologist or soils engineer with knowledge of the soil or geologic structure involved.

"Watercourse" means and includes rivers, streams, creeks, arroyos, gulches, washes, and drainage channels, and the beds thereof, whether containing water or dry, and whether natural and man-made; provided, however, that for the purpose of this chapter the term "watercourse" means and includes only those parts of a watercourse which are included within the areas of special flood hazard shown in the flood insurance rate maps and to those parts of a watercourse which lie between areas of special flood hazard on the same watercourse.

(Ord. No. 3095, § 1; Ord. No. 4769, § 2, 12-7-2010)

Sec. 15B-3. - Limitation on development.

No person may construct, build, or place a development within fifty feet of the top of the bank of any watercourse, or within two hundred feet from the top of the bank of any of the four rivers, unless said development has been previously approved as provided in section 15B-4 of this chapter and the necessary permits have been obtained for such development.

(Ord. No. 3095, § 1)

Sec. 15B-4. - Approval required.

Prior to constructing, building or placing a development within fifty feet of the top of the bank of a watercourse, or within two hundred feet from the top of the bank of any of the four rivers, the developer shall obtain approvals as follows:

(a)

Any development subject to the requirement for a building permit or grading permit shall be reviewed and approved or denied by the building official in accordance with and subject to the provisions of this chapter and other applicable county and state laws and regulations governing the issuance of such permits.

(b)

Any development not requiring a building permit or grading permit shall be reviewed and approved or denied by the building official as provided in this chapter. A description of the proposed development shall be submitted showing the proposed use of the intended development, its location, size, and manner of construction.

(Ord. No. 3095, § 1)

Sec. 15B-5. - Development standards.

(a)

No development within fifty feet from the top of the bank of a watercourse, or within two hundred feet from the top of the bank of any of the four rivers, shall be approved unless it is found that it will be consistent with the purposes set forth in section 15B-1 of this chapter.

(b)

The building official shall give consideration to the following conditions and shall not approve a development within fifty feet from the top of the bank of a watercourse, or within two hundred feet from the top of the bank of any of the four rivers, unless he finds:

(1)

That the proposed new development will not significantly reduce the capacity of existing watercourse, realign stream beds or otherwise adversely affect any other properties by increasing stream velocities or depths, or diverting the flow, and that the proposed new development will be reasonably safe from flowrelated erosion and will not cause flow-related erosion hazards or otherwise aggravate existing flow-related erosion hazards.

(2)

That proposed additions, alterations or substantial improvements comply with subsection (b)(1) above.

(3)

That proposed reconstruction of structures damaged by fire, flood or other calamities will comply with subsection (b)(1) above, or be less nonconforming than the original structure and will not adversely affect any other properties.

(4)

That any development which is within an area of Special Flood Hazard complies with all applicable requirements and standards set forth in chapter 15A of the Santa Barbara County Code and subsection (b) (1) above.

(c)

In making the foregoing findings the building official may consider the following factors as mitigating possible hazards which might otherwise result from such development:

(1)

That the project is located on a bank of a watercourse which is sufficiently higher than the opposite bank so as to place the project outside the area subject to flooding erosion hazard.

(2)

That the watercourse adjacent to the project has sufficient capacity to confine the water within its banks or the creek bank slope is sufficiently gradual that the probability of flood hazard is reduced.

(3)

That approved erosion or flood control facilities or devices have been installed in the creek bed adjacent to the project.

(Ord. No. 3095, § 1)

Sec. 15B-6. - Procedures.

The following procedures shall apply to developments subject to the provisions of this chapter:

(a)

All applications shall be referred to the Santa Barbara County Flood Control and Water Conservation District for review and comment and no application shall be approved or permit issued until the district's comments and recommendations have been received or until ten working days have elapsed after such referral, whichever occurs first.

(b)

Upon completion of the above review and comments, if any, the proposed development shall be reviewed by the building official as provided in section 15B-4 and section 15B-5 of this chapter.

(c)

Each person requesting approval of a development subject to the provisions of this chapter shall have the burden of showing that the proposed development is consistent with and satisfies the development standards and other requirements of this chapter and other applicable laws. If, in the opinion of the building official, additional data is necessary to enable the building official to determine whether a proposed development meets the standards and other requirements of this chapter, the building official may require the person requesting approval of the development to submit a report by a soils engineer and/or engineering geologist. The engineering geologist's report provided for in this section shall include an adequate description of the geology of the site and shall include conclusions and recommendations regarding the effect of geologic conditions on the proposed development and the effect of the proposed development on the watercourse bank. The report of the soils engineer shall include data regarding the

nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures.

If topographical maps or other sufficient data are not available for the area in which the proposed development is to be located, the building official may require that the applicant provide a topographical survey and maps sufficient to locate the top of the bank of the watercourse along which the development is to be placed or constructed. The topographical survey and map shall be made by a registered civil engineer or a licensed surveyor.

The building official may require such other reports and data from the person proposing the development as may be necessary to enable him to determine whether a proposed development meets the standards and requirements of this chapter.

(d)

The decision of the building official shall be final unless appealed to the board of building appeals within ten working days after the decision by the filing of a written appeal with the building official. Applications approved or denied by the board of building appeals shall be final.

(Ord. No. 3095, § 1)

Sec. 15B-7. - Conditions for extended setback.

This chapter establishes minimum setback requirements for development along watercourses. If, in reviewing an application for a building permit, grading permit or other development permit for development along a watercourse, which development is not within fifty feet from the top of the bank of a watercourse, or within two hundred feet from the top of the bank of any of the four rivers, the building official determines that the proposed development would significantly reduce the capacity of existing watercourses, realign stream beds or otherwise adversely affect other properties by increasing stream velocities or depths, or by diverting the flow; or, if the building official determines that the proposed new development would not be reasonably safe from flow-related erosion or would cause flow-related erosion hazards or otherwise aggravate existing flow-related erosion hazards, or that it would otherwise be inconsistent with the purposes of this chapter, the building official shall process such application in the same manner, and subject to the same requirements, as an application for approval of a development within fifty feet of the top of the bank of a watercourse, or within two hundred feet from the top of the bank of any of the four rivers, and such proposed development shall be subject to all of the standards, provisions and requirements of this chapter.

(Ord. No. 3095, § 1)

The engineering report prepared by the Federal Insurance Administration entitled "Flood Insurance Study, Santa Barbara County, California, Unincorporated Areas," dated September, 1978, together with accompanying flood insurance rate maps and flood boundary and floodway maps designating and identifying areas of special flood hazard, is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and accompanying maps are on file with the Office of the County Clerk, 105 East Anapamu Street, Room 407, Santa Barbara, California, and at the offices of the Santa

Barbara County Flood Control District, and the County Building Official, at 123 East Anapamu Street, Santa Barbara, California.

(Ord. No. 3095, § 1)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 3095, § 1)

It is hereby declared to be the intention of the board of supervisors that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, sentence, paragraph or section of this chapter shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter.

(Ord. No. 3095, § 1)