Santa Barbara County Municipal Code Div. 3 Permit Procedures

The planning commission shall have jurisdiction over oak tree removal permits.

(Ord. No. 4490, § 1)

(a) As many copies of an oak tree removal permit application as may be required shall be submitted to planning and development. Said application shall include the following:

(1) A plan which shall indicate clearly and with full dimensions the following information, if applicable:

(A) North arrow and scale of drawing.

(B) Lot address.

(C) Lot dimensions and boundaries.

(D) Names of streets (rights-of-way) abutting the lot.

(E) The location, species, and trunk diameter at breast height of those protected oak trees to be removed from the lot.

(F) The location, species and size or age of naturally occurring oak trees to be used as replacement deciduous oak trees.

(G) If replacement trees are to be planted on a lot other than that where the protected oak trees are to be removed, a separate plan is required, containing items (A) through (F) above, as applicable.

(2) Documentation of credit deciduous oak tree plantings, and evidence of survivorship, if applicable.

(3) Source of water supply and the means for irrigating replacement oak trees and the methods to be used for planting and maintaining the replacement oak trees.

(4) A brief statement of the reasons for the removal of the deciduous oak tree(s).

(5) A statement of the method(s) to be used for removing the protected oak trees.

(6) Any other information that planning and development may require.

(b) For the purpose of a site inspection for an oak tree removal permit, the applicant shall mark in the field all protected oak trees to be removed, using a method acceptable to planning and development.

(Ord. No. 4490, § 1)

(a) Upon receipt of the required copies of the oak tree removal permit application, planning and development shall process the application through environmental review.

(b) The planning commission shall then consider the requested oak tree removal permit at a noticed public hearing and either approve, conditionally approve, or deny the request subject to the findings in section 35-915, findings required for approval of oak tree removal permits. Notice of the time and place of said hearing shall be given in accordance with section 35-918, noticing.

(c) The decision of the planning commission shall be final subject to appeal to the board of supervisors as provided under section 35-919, appeals.

(d) An oak tree removal permit may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety, and general welfare of the community.

(e) After all applicable appeal periods have expired, an oak tree removal permit approved pursuant to this Section shall not be considered in effect and shall not be issued by planning and development until all conditions and provisions of the permit and this article, which are required to be complied with prior to issuance, are complied with.

(f) A notice to property owner document referencing the oak tree removal permit and replanting program or management plan shall be recorded by the property owner on the title for the parcel from which the protected oak trees will be removed and for any parcel used for off-site replacement planting, prior to issuance of the oak tree removal permit. Notice to property owner documents shall expire at the end of the applicable thirty-year tracking period. The recorded notice to property owner shall include this expiration date.

(Ord. No. 4490, § 1)

An oak tree removal permit shall be approved or conditionally approved only if all of the following findings are made:

(a) That the proposed deciduous oak tree removal project conforms to the applicable provisions of this article.

(b) That for the subject parcel(s) there are no known outstanding zoning violations and any applicable zoning violation processing fees have been paid.

(c) That significant environmental impacts are mitigated to the maximum extent feasible.

(d) That the project will not be detrimental to the health, safety, convenience, and general welfare of the surrounding area.

(e) That the proposed deciduous oak tree removal project conforms to the applicable policies of the comprehensive plan.

(Ord. No. 4490, § 1)

(a) An oak tree removal permit shall remain valid only as long as all provisions of this article and the permit are met.

(b) An oak tree removal permit shall expire five years from the date of final approval, if the purposes for which the permit was approved have not been commenced in conformance with the permit.

(c) Prior to the expiration of the term of an oak tree removal permit, planning and development may grant a single extension of one year, for good cause shown, provided that the findings for approval required pursuant to section 35-915 as appropriate to the permit can still be made.

(Ord. No. 4490, § 1)

Approval and issuance of an oak tree removal permit is contingent upon compliance with all conditions imposed as part of the approval. If the planning commission determines at a noticed public hearing as provided for section 35-914, processing for oak tree removal permits, that the permit holder is not in compliance with one or more of the conditions of the oak tree removal permit, the planning commission may revoke the oak tree removal permit. Written notice of the hearing on such revocation shall be provided to the permit holder in accordance with section 35-918, noticing.

The decision of the planning commission to revoke the oak tree removal permit may be appealed to the board of supervisors, as provided in section 35-919, appeals.

Revocation may be pursued in addition to any other remedies for a violation of an oak tree removal permit provided for in section 35-920.

(Ord. No. 4490, § 1)