Santa Barbara County Municipal Code Div. 2 Regulations

The removal of protected deciduous oak trees (as defined in section 35-906) that are naturally dead or uprooted, or that are within fifty feet of an existing residential structure, or that pose an immediate threat to safety, shall be exempt from permit requirements of this article, and will not be counted towards removal thresholds.

(Ord. No. 4490, § 1)

(a) Within a thirty-year removal tracking period, the removal of protected deciduous oak trees for agricultural purposes from a lot, within the limits set forth in the table below, shall be exempt from the permit requirements of section 35-908.2, provided the number of protected deciduous oak trees removed from the lot does not equal or exceed fifty percent of all protected deciduous oak trees on the lot if such lot is less than one hundred acres in size or thirty percent of all protected deciduous oak trees on the lot if such lot is one hundred acres or greater in size, and provided that the landowner complies with all applicable provisions of the guidelines for native oak tree removal, appendix A to chapter 14 (the County Grading Ordinance) prior to the oak tree removal.

(b) Within the thirty-year removal tracking period, the removal of protected deciduous oak trees for agricultural purposes from a lot in excess of the limits set forth in section 35-908.1 or the removal of fifty percent or more of all protected deciduous oak trees for agricultural purposes from a lot less than one hundred acres in size or thirty percent or more of all protected deciduous oak trees from a lot one hundred acres or greater in size shall require approval of an oak tree removal permit.

(c) All protected deciduous oak trees removed from a lot under the guidelines for native oak tree removal (appendix A to the grading ordinance) and this section within the same tracking period shall be counted cumulatively to determine whether a permit is required for removals performed in the same tracking period.

(1) Failure to comply with all relevant provisions of the county grading ordinance, as determined by the agricultural commissioner, may subject the landowner to the requirements of this article. A violation which is determined by the agricultural commissioner to require a permit pursuant to article IX of chapter 35 of the Santa Barbara County Code shall be considered to have arisen under this article and be a violation of this article.

(Ord. No. 4490, § 1)

(a) Within the thirty-year removal tracking period, the removal of protected deciduous oak trees for non-agricultural purposes from a lot, within the limits set forth in the table below, shall be exempt from the permit requirements of section 35-909.2, provided that the landowner complies with all applicable provisions of the county grading ordinance prior to the oak tree removal.

(b) Within a removal tracking period, the removal of protected deciduous oak trees for non-agricultural purposes (as defined in section 35-906) from a lot in excess of the limits set forth in section 35-909.1 shall require approval of an oak tree removal permit.

(c) All protected deciduous oak trees removed from a lot under the guidelines for native oak tree removal (appendix A to the grading ordinance) and this section within the same tracking period shall be counted cumulatively to determine whether a permit is required for removals performed in the same tracking period.

(d) Failure to comply with all relevant provisions of the county grading ordinance, as determined by the agricultural commissioner, may subject the landowner to the requirements of this article. A violation which is determined by the agricultural commissioner to require a permit pursuant to article IX of chapter 35 of the Santa Barbara County Code shall be considered to have arisen under this article and be a violation of this article.

(Ord. No. 4490, § 1)

Where a public utility or other public entity has an easement over a portion of a lot, and if a public utility or other public entity removes protected oak trees within a utility or other public easement located over a portion of a lot, those protected oak tree removals shall not be counted toward the thresholds set out in section 35-908 or in section 35-909 for the remainder of the lot.

(Ord. No. 4490, § 1)

Where deciduous oak tree removal requires a permit under this ordinance, the following standards shall be adhered to:

(a) The preparation and implementation of an oak tree management plan for the lot on which the oak tree removal will take place and any lot used for off-site replacement shall be required. The management plan shall be prepared or endorsed by the oak tree specialist. The plan shall:

(1) Demonstrate how the mix of deciduous oak tree savannas, woodlands, and forests on the lot will be preserved, created, enhanced, restored, and maintained, so that:

(A) The removal of protected oak trees does not divide the remaining savanna, woodland, and forest habitats into small, isolated fragments.

(B) Protection, maintenance, restoration, and enhancement of large blocks of savanna, woodland, and forests are given priority over maintenance, restoration, and enhancement of smaller, more isolated habitat patches.

(C) Valley and blue oak trees that link on- or off-site oak tree savannas, woodlands, forests, or other existing, proximate habitats are retained to the maximum extent feasible.

(D) On-site replacement is given priority over off-site replacement except where no suitable on-site locations exist, or reasonable use of the lot would be precluded as determined by planning and development along with the oak tree specialist. In such cases the replacement oak trees may be planted in an off-site location acceptable to the applicant, the landowner and the oak tree specialist. For off-site replacement planting locations priority shall be given to nearby sites and to sites adjoining existing deciduous oak woodlands or providing links between deciduous oak woodlands.

(E) There is avoidance of removal of actively used granary trees, raptor roosting or nesting trees, and trees in riparian and other wildlife corridors.

(2) Comply with the following requirement, when applicable.

(A) When required by the oak tree specialist on a case-by-case basis, a buffer area protecting the critical root zone shall be maintained around identified valley and blue oak trees retained on the lot.

(3) Identify valley and blue oak tree replanting, restoration, conservation and enhancement sites on a plan or aerial photograph to facilitate mitigation monitoring and tracking; and identify the species, location, and size of all oak trees that are planted or protected as mitigation or to fulfill a condition on the permit.

(4) Provide the deciduous oak tree replanting schedule and nurturing regime.

(b) Protected oak trees that are removed shall be compensated at a fifteen is to one ratio by replacement planting, or protection of naturally occurring oak trees between six inches and six feet tall on the lot.

(c) Naturally occurring valley and blue oak seedlings/saplings, growing on the lot and between six inches and six feet in height that are protected and nurtured for five years, may be counted as replacement (mitigation) trees under the program.

(d) Any combination of acorns, planted seedlings/saplings, or naturally occurring valley and blue oaks between six inches and six feet tall, if established according to the requirements herein, may be used to achieve the required number of replacement trees.

(e) Replacement deciduous oak trees that are planted must come from nursery stock grown from locally-sourced acorns, or use acorns gathered locally, preferably from the same watershed in which they are planted. If planting is done using acorns, the ratio of acorns to protected oak trees removed shall be a minimum of forty-five acorns for every protected valley oak tree removed. Up to three acorns may be planted in the same hole.

(f) Replacement deciduous oak trees shall be established in a location suitable for their growth and survival as determined by the oak tree specialist, no closer than twenty feet from each other or from existing oak trees and no farther than one hundred sixty-five to one hundred eighty feet from each other or existing oak trees unless otherwise approved by the oak tree specialist.

(g) Valley oaks shall replace valley oaks removed and blue oaks shall replace blue oaks removed.

(h) The replacement deciduous oak trees shall be nurtured for five years, the last two without supplemental watering, using techniques consistent with the most current version of the University of California publication "How to Grow California Oaks." At the end of the five years, ten trees for every protected tree removed must be alive, in good health as determined by the oak tree specialist, and capable of surviving without nurturing and protection.

(i) Each replacement deciduous oak tree must be-protected against damaging ground disturbance, soil compaction, or over-irrigation within the dripline. It must be fenced to protect it from grazing or browsing by animals both below and above ground until it has reached a minimum of eight feet in height.

(j) Where conditions warrant and where agreed to by the landowner and oak tree specialist, tree planting designs and nurturing practices (e.g. protective structures, watering schedules) may be adjusted to improve the probability that replacement trees will be established successfully.

(k) Valley oak tree removal encompassing an area of five acres or greater shall require valley oak replanting of an area of comparable size in accordance with the requirements of this section, in an area of existing or historic valley oak habitat. This area shall be protected in the long-term where feasible.

(l) For the purposes of this ordinance, all replacement trees are considered protected oak trees regardless of size.

(Ord. No. 4490, § 1)