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Santa Barbara City Zoning Code

Title 15

Recreation, Beaches and Parks

§ 15.05.010 Regulation of Public Parks or Beach Properties.

For purposes of this chapter, all park or beach facilities owned by the City of Santa Barbara shall be considered to be regulated by Title 15, whether they are operated/maintained by the City or by other legal entities.
(Ord. 4189, 1982)

§ 15.05.020 Policy Pertaining to the Use of Parks, Beaches and Recreation Facilities.

The Parks and Recreation Directors shall manage parks, beaches and recreation facilities according to the General Policy Pertaining to Use of Parks, Recreation Facilities and Equipment, which states the permit procedure and the use policy, as approved by the City Council and as specified in Chapters 15.08 and 15.16 of this code.
(Ord. 4189, 1982)

§ 15.05.030 Fees and Charges.

Fees and charges for recreation programs, services, park reservations and facility rentals shall be submitted annually by the Recreation Director and recommended by the City Administrator during the budget process for review by the Park and Recreation Commission and adoption by the City Council.
(Ord. 4189, 1982)

§ 15.08.010 Arts and Crafts Show Ordinance.

This chapter shall be known as the Arts and Crafts Show Ordinance.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.020 Declaration of Policy.

The Council of the City of Santa Barbara finds and declares that the public welfare and interest will be served by the establishment of a public arts and crafts show at an area in a beachfront park in the City to provide, among other things, recreational and cultural encouragement to artists and craftsmen, recreational and cultural advantages to the public at large, and the encouragement of tourist interest and trade to the economic benefit of the community at large.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.030 Show Established.

A public arts and crafts show is hereby established and entitled the "Santa Barbara Arts and Crafts Show."
(3626 §1, 1974; Ord. 4401, 1986; Ord. 6099 §1, 2023)

§ 15.08.040 Time, Dates and Location.

The Arts and Crafts Show shall take place from 10:00 a.m. to dusk on the following days:
A. 
Sunday of each week;
B. 
Saturday during Fiesta week;
C. 
The Saturday before the second Sunday in May, to commemorate the anniversary of the show;
D. 
Saturday following Thanksgiving Day (but not Friday following Thanksgiving Day);
E. 
Saturday before each of the dates identified for City recognized observation of the following legal holidays: Martin Luther King Jr. Day, Presidents Day, Memorial Day, Labor Day and Christmas Day; Saturday before any July 4 falling on a Sunday, Monday, Tuesday or Wednesday; and the Saturday after any July 4 falling on a Thursday or Friday; and July 4 if July 4 falls on a Saturday, to commemorate Independence Day;
F. 
The specific days identified for City recognized observation of New Year's Day; and
G. 
Additional Saturdays as determined appropriate by the Parks and Recreation Director.
The Arts and Crafts Show shall only take place on Cabrillo Boulevard at the location designated by the Parks and Recreation Director.
(Ord. 3626 §1, 1974; Ord. 3776 §1, 1975; Ord. 4023, 1979; Ord. 4108, 1981; Ord. 4189, 1982; Ord. 4933, 1995; Ord. 6099 §1, 2023)

§ 15.08.045 Prohibition of Vending from Vehicles.

It is unlawful to stand, stop or park any vehicle, from which merchandise, food, or other items are sold or displayed or offered for sale, barter, or exchange along the south side of Cabrillo Boulevard from State Street to end of the area designated as the location of the Santa Barbara Arts and Crafts Show on any day designated under Section 15.08.040 of this chapter.
(Ord. 6099 §1, 2023)

§ 15.08.050 Administration.

The Parks and Recreation Director shall administer the Arts and Crafts Show, subject to the provisions of this chapter. The Parks and Recreation Director may delegate administrative responsibility to one or more members of the Parks and Recreation Department.
(Ord. 3626 §1, 1974; Ord. 4189, 1982; Ord. 6099 §1, 2023)

§ 15.08.060 Advisory Committee.

A. 
An Arts and Crafts Show Advisory Committee shall be established to advise the Parks and Recreation Department concerning the administration of the Arts and Crafts Show. To provide for overlapping terms of office, the Parks and Recreation Director may establish terms varying in length from six months to 24 months. The Advisory Committee shall consist of five appointed members and a Parks and Recreation Department employee designated by the Parks and Recreation Director as an ex-officio, non-voting member.
B. 
One member shall be appointed from the community at large. Four members shall be elected by the permitted members of the Santa Barbara Arts and Crafts Show according to rules established by the Parks and Recreation Director. All members shall be residents of the City or County of Santa Barbara. In addition, the Advisory Committee may have up to six alternate members elected by the permitted members of the Santa Barbara Arts and Crafts Show, who may serve in the absence of any member.
C. 
The appointed Advisory Committee members shall serve a term of 24 months unless appointed for a shorter term as provided above. Members shall not serve more than two consecutive terms. Four of the six members of the Committee shall constitute a quorum for the purposes of transacting all business. The Parks and Recreation Department shall schedule the Advisory Committee to meet monthly, subject to an available quorum. Officers shall be elected annually. The ex-officio member may fully participate, but not vote, on all Committee matters.
(Ord. 3762, 1975; Ord. 3776, 1975; Ord. 3918 §1, 1977; Ord. 4239, 1984; Ord. 6099 §1, 2023)

§ 15.08.070 Rules and Regulations.

The Parks and Recreation Director shall promulgate procedures and regulations for the administration of the Arts and Crafts Show in addition to the provisions of this chapter, not inconsistent therewith, as are reasonably necessary to implement its objectives. In promulgating these rules and regulations, the Parks and Recreation Director shall consider any advice or suggestions made by the Advisory Committee, but shall not be bound by them.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.080 Permitted Exhibits.

All works exhibited at the Arts and Crafts Show shall be individually hand produced by the exhibitors and meet the requirements set forth in the "Arts and Crafts Show Procedures and Regulations" promulgated under Section 15.08.070.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.090 Free Admission of Public.

Admission of non-exhibiting members of the public to the Arts and Crafts Show shall be free.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.100 Residence of Exhibitors.

All exhibitors shall be residents of the County of Santa Barbara.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.110 Maximum Number of Exhibitors.

The Parks and Recreation Director shall set the maximum number of exhibitors based on recommendations from the Advisory Committee consistent with adequate display of works exhibited and the safety and convenience of pedestrian traffic within the area designated for the Arts and Crafts Show.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.120 Application to Exhibit.

Any person desiring to exhibit any arts and crafts at the Arts and Crafts Show shall first submit an application to the Parks and Recreation Department. The application will be referred to the Advisory Committee for a recommendation. The committee shall recommend approval if the applicant demonstrates compliance with the requirements of Section 15.08.080. If the Advisory Committee denies an application, the applicant can appeal the denial to the Parks and Recreation Director. The decision of the Parks and Recreation Director shall be final.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.130 Requirement and Payment of Fees.

A. 
Upon approval of the application as provided in Section 15.08.120, the Parks and Recreation Department will issue a permit to exhibit upon such terms and conditions as prescribed by the Parks and Recreation Director. If permits for the maximum number of exhibitors as provided in Section 15.08.110 have already been issued and remain in effect, a permit will not be issued and the applicant shall be placed on a waiting list. Issued permits shall be displayed by exhibitors in the manner prescribed by the procedures and requirements adopted under Section 15.08.080.
B. 
The applicant shall pay the fees established by City Council resolution before issuance of the permit.
C. 
Permits may be renewed, at expiration, for additional one year periods, upon repayment of the fee provided in this section.
(Ord. 3626 §1, 1974; Ord. 3776, 1975; Ord. 3851, 1976; Ord. 3914 §1, 1977; Ord. 3982, 1979; Ord. 4146, 1982; Ord. 4239, 1984; Ord. 4401, 1986; Ord. 6099 §1, 2023)

§ 15.08.140 State Board of Equalization Permits.

Prior to exhibiting any art or craft at the Arts and Crafts Show, all exhibitors shall first obtain a "Seller's Permit" from the California Department of Tax and Fee Administration. Said permit shall be displayed by exhibitor in a manner required by the Parks and Recreation Director.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.150 Revocation of Permit.

Any violation of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter shall be grounds for the suspension or revocation by the Parks and Recreation Director of the permit issued to the exhibitor without refund of the permit fee. Such action may be appealed by filing written notice with the Parks and Recreation Commission within 10 days of the decision. The Commission shall either affirm, modify, or rescind the decision of the Parks and Recreation Director and may elect to hold an informal hearing on the appeal. The decision of the Parks and Recreation Commission may be appealed to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
(Ord. 3626 §1, 1974; Ord. 4239, 1984; Ord. 5136, 1999; Ord. 6099 §1, 2023)

§ 15.08.160 Exemption from Business Tax.

Exhibitors having valid and current permits pursuant to this chapter shall be exempt from the provisions of Chapter 5.04 of this code, Business Taxes, with respect to activities conducted at the Santa Barbara Arts and Crafts Show.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.170 Administration by the Advisory Committee.

The Parks and Recreation Director, with the approval of the City Administrator, may delegate to the Advisory Committee any of the administrative functions given him or her in this chapter. Any such delegation may be terminated by the Parks and Recreation Director at any time. Upon such termination, the Parks and Recreation Director shall again perform these administrative functions.
(Ord. 3626 §1, 1974; Ord. 6099 §1, 2023)

§ 15.08.180 Penalty for Violations.

A violation of any provision of this chapter constitutes an infraction.
(Ord. 3626 §2, 1974; Ord. 3776, 1975; Ord. 4067, 1980; Ord. 6099 §1, 2023)

§ 15.16.010 Selling or Soliciting.

It is unlawful for any person to practice, carry on, conduct, or solicit for any occupation, business or profession in any City park, or on any City beach, or sell or offer for sale therein any service, merchandise, article, or anything whatsoever. This section shall not apply to any person acting pursuant to a contract with the City of Santa Barbara or except as otherwise provided in this code.
(Prior code §32.39; Ord. 4189, 1982)

§ 15.16.020 Signs and Advertising.

A. 
Prohibition. It is unlawful for any person upon any public beach or in any park within the City to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered a sign (as defined in Section 22.70.010 of this Code) except in conformance with this section.
B. 
Recreation Director authorization. The Recreation Director is authorized to issue a permit for a sign which pertains to an event which will take place on a public beach or a public park which will not exceed five days in duration and which conforms to sign standards approved by resolution of the City Council.
C. 
Exceptions. A permit for a sign pertaining to an event which does not conform to the sign standards adopted by resolution of the City Council may only be issued if an exception from the standards is approved by the Sign Committee upon finding that all of the grounds set forth in Section 22.70.070 exist. The decision of the Sign Committee regarding an exception request shall be final.
D. 
Definitions. "Sign" shall have the meaning set forth in Chapter 22.70 of the Santa Barbara Municipal Code. "Event" shall have the meaning set forth in Chapter 9.12 of the Santa Barbara Municipal Code.
(Ord. 4382, 1986)

§ 15.16.060 Recreational Vehicles and Camping in Public Areas - Definitions.

For the purpose of Sections 15.16.060 through 15.16.090 inclusive, the following words and terms are defined as follows:
Boat Trailer.
A vehicle used to convey a boat.
Camp.
The use of camping facilities such as tents, tarpaulins or temporary shelters, the use of non-City designated cooking facilities and similar equipment, or the use of cots, beds or hammocks. "Camping" shall not include merely sleeping outside or the use of a sleeping bag, bedroll, or mat, and no more personal possessions than can reasonably be carried by an individual.
Public Street.
Includes streets, roads, highways, alleys, sidewalks, parkways, bridges, culverts, drains and all other facilities and areas necessary for the construction, improvement and maintenance of streets and roads.
Recreational Vehicle.
Shall have the definition set forth in Chapter 28.04 or Section 30.300.180 of this Code.
(Ord. 2730 §1, 1959; Ord. 3003 §1, 1964; Ord. 3165 §1, 1966; Ord. 3389 §1, 1969; Ord. 4007 §2, 1979; Ord. 4269, 1984; Ord. 4416, 1986; Ord. 4651, 1990; Ord. 5459, 2008; Ord. 5695, 2015; Ord. 5798, 2017)

§ 15.16.070 Unlawful Areas to Camp.

It is unlawful for any person to camp in the following areas except as otherwise provided for:
A. 
Any public park;
B. 
Any public street;
C. 
Any public parking lot or public area, improved or unimproved;
D. 
Any public beach between a point representing the prolongation of the easterly City limits as they existed prior to May 31, 1957, and a point representing the prolongation of La Marina Drive.
(Ord. 2730 §1, 1959; Ord. 3003 §1, 1964; Ord. 3165 §1, 1966; Ord. 4189, 1982)

§ 15.16.080 Recreational Vehicles - Unlawful Areas to Use.

It is unlawful for any person to use any recreational vehicle for sleeping, human habitation or camping purposes in any of the following areas except as otherwise provided for:
A. 
Any public park;
B. 
Any public street;
C. 
Any public parking lot or public area, improved or unimproved;
D. 
Any public beach.
(Ord. 3003 §1, 1964; Ord. 3165 §1, 1966; Ord. 3389 §2, 1969; Ord. 4189, 1982; Ord. 4269, 1984; Ord. 5695, 2015)

§ 15.16.085 Unlawful Areas to Sleep.

It is unlawful for any person to sleep:
A. 
In any public beach during the period of time from one-half hour after sunset to 6:00 a.m.;
B. 
In or on any public street or sidewalk or in or on City walkways, paseos, boardwalks, or other public ways intended for pedestrian or vehicular use and owned or maintained by the City;
C. 
On the grounds of City owned or maintained buildings, facilities or other improved City property.
(Ord. 4007, §3, 1979; Ord. 4189, 1982; Ord. 4416, 1986; Ord. 4421, 1986; Ord. 4652, 1990)

§ 15.16.090 Posted Areas - Lawful to Camp.

Notwithstanding Sections 15.16.060 through 15.16.085, whenever any or all of any public park or place has been so designated by the Park Commission or the Harbor Commission, within their respective jurisdictions, as a place to do that which is otherwise made unlawful by this chapter, and signs are posted giving notice of such fact, it shall be lawful to camp or sleep in the place so designated and posted, or, as the case may be, to use any recreational vehicle or temporary recreational vehicle for human habitation or camping purposes in the place so designated and posted.
(Ord. 3003 §1, 1964; Ord. 3165 §1, 1966; Ord. 4045, §1, 1980; Ord. 4269, 1984)

§ 15.16.110 Construction of Structures and Parking Areas on City-Owned Beach Property.

A. 
Except as hereinafter provided, no structure or parking area shall be constructed hereafter on the following described property owned by the City of Santa Barbara:
That property being bound by the southerly right-of-way line of Shoreline Drive and Cabrillo Boulevard on the north, the City limits line now existing at the west line of Santa Barbara Cemetery on the east, the present or future shoreline of the Pacific Ocean on the south and the southerly prolongation of La Marina Drive on the west.
B. 
This section shall not prohibit the alteration or repair of any existing structure or parking area nor shall it prohibit the construction of public restroom facilities.
C. 
This section shall not prohibit the construction of structures or parking areas on Stearns Wharf or in the area commonly known as the Breakwater which has as its westerly boundary the most westerly portion of an existing boat yard described as Parcel 1 in a lease between the City of Santa Barbara and Kenneth Elmes and Samuel Dabney, Jr., dated January 24, 1961, and as its easterly boundary the most easterly portion of a groin situated immediately to the east of the southerly prolongation of Bath Street.
(Ord. 3228 §§1-3, 1967)

§ 15.16.120 Findings.

The City Council for the City of Santa Barbara hereby declares and finds that, due to the geographical boundaries of the City and its urban characteristics, no beach within the boundaries of the City is an isolated beach, and every beach is used and frequented extensively by its inhabitants. Further, the exposure of the areolas of a female's breasts and male or female genitalia is offensive, and causes discomfort and affront to a substantial number of persons using and frequenting said City beaches regardless of the sexual motives of the offenders.
(Ord. 3558 §1, 1972)

§ 15.16.130 Public Nudity, Offense When.

A. 
It is hereby declared a public nuisance and an infraction, as to any person, other than an infant as defined in Webster's Unabridged Dictionary, for any female to expose the areolas of her breasts or for any male or female to expose their genitalia on public beaches or other public streets, parks or other municipal property within the City, to the offense, discomfort or affront of another person, whether or not complaint thereof shall be made by such other person.
B. 
The violation of any provision of this section shall constitute an infraction punishable by (1) a fine not exceeding $50.00 for a first violation; (2) a fine not exceeding $100.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $250.00 for each additional violation of the same ordinance within one year.
(Ord. 3558 §1, 1972; Ord. 3997, 1979)

§ 15.16.150 Damaging Park Property - Prohibited.

It is unlawful for any person to intentionally, willfully or maliciously injure, destroy, damage or deface any real or personal property owned and/or maintained by the City of Santa Barbara.
(Ord. 4189, 1982; Ord. 5159, 2000)

§ 15.16.160 Guns and Dangerous Instruments Prohibited.

A. 
Unless authorized by the Parks Director, no person except an authorized City employee or peace officer shall bring into a City park or possess therein any of the following articles or instruments:
B. 
Any firearm or ammunition, any explosive, or incendiary device, any fireworks, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this section), any weapon or instrument by means of which any missile can be propelled, any instrument which can be loaded with blank cartridges, or any kind of trapping device.
C. 
No person shall shoot any of the above-described weapons or instruments into the park limits from outside the limits of a park.
D. 
Nothing herein shall prohibit the use of bows and arrows for archery conducted in areas and at times designated for such use by the Director of Parks or Recreation.
(Ord. 4189, 1982)

§ 15.16.170 Powered Models Prohibited.

No person shall operate in any park, any model airplane, boat, car or other similar device that is powered by an internal combustion engine or other similar or electric power source, except in an area and at such times as designated for such use by the Director of Parks or Recreation.
(Ord. 4189, 1982)

§ 15.16.175 Skateboard Facilities: Regulations.

It is unlawful for any person to:
A. 
Use any publicly owned or publicly operated skateboard facility for any activity other than skateboarding, in-line skating or roller skating unless otherwise authorized by a permit issued by the Parks and Recreation Director;
B. 
Use or be upon any publicly owned or publicly operated skateboard facility while under the influence of any alcoholic beverage or drug or under the combined influence of any alcoholic beverage or drug;
C. 
Skate, run, or stand on, jump from, or otherwise employ any exterior wall or fence surface while using any publicly owned or publicly operated skateboard facility;
D. 
Use or be upon any publicly owned or publicly operated skateboard facility while wearing any audio headset;
E. 
Introduce, employ or use any unauthorized equipment, obstacle or apparatus within any publicly owned or publicly operated skateboard facility;
F. 
Enter or remain in any publicly owned or publicly operated skateboard facility with any food or beverage; or
G. 
Play amplified music in any publicly owned or publicly operated skateboard facility.
(Ord. 5159, 2000)

§ 15.16.180 Skateboard Facilities: Helmets, Elbow and Knee Pads Required.

It is unlawful for any person to enter, remain in or use any skateboard facility owned or operated by the City of Santa Barbara unless that person is wearing a helmet, elbow pads, and knee pads. Violation of this provision is an infraction punishable by (1) a fine not exceeding $50.00 for the first violation; (2) a fine not exceeding $100.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $175.00 for each additional violation of the same ordinance within one year.
(Ord. 5028, 1997; Ord. 5159, 2000)

§ 15.16.200 Water Pollution Prohibited.

No person shall throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any body of water in or adjacent to any City park or any tributary stream, storm sewer, sanitary sewer or drain flowing into such water, any substance, matter or thing, liquid, solid, or gas, which materially impairs the esthetics or usefulness of such water for persons or habitability and/or potability of such water for any animal.
(Ord. 4189, 1982)

§ 15.16.220 Prohibition of Certain Things.

A. 
The Director of Parks and Recreation may prohibit, remove or require to be removed from any City park or beach any animal, vehicle, equipment, activity, thing or material, the use or presence of which therein is likely to:
1. 
Cause an unreasonable risk of harm or danger to any person or damage to any real or personal property.
2. 
Cause any unreasonable burden of maintenance or cleanup.
3. 
Cause any unreasonable annoyance to any person.
B. 
No person shall violate any rules or regulations made or lawful directions given by the Director of Parks and Recreation in the exercise of the above authority.
C. 
No person shall, nor shall any person permit a minor under his or her supervision to:
1. 
Play any percussion instrument in any City park without a permit issued by the Director of Parks and Recreation, which shall not be unreasonably withheld.
2. 
Swim, wade, dive, wash, play, jump or remain in any Parks and Recreation pond, fountain, percolation pond, reservoir or lake unless such location and area are designated for such uses.
3. 
Play baseball, softball, soccer, football rugby, golf, or any other activity in any area other than a baseball, softball, soccer, or football field, or golf course or driving range when such activity unreasonably interrupts the normal use of that facility or creates any unreasonable risk of harm or danger to any person, or will likely cause damage to any personal or public property on or in any City park or beach.
4. 
Pitch metal horseshoes in any areas of any park except in a horseshoe pit designated by the Parks Department.
5. 
Throw, toss or pitch lawn darts in any City parks.
6. 
Throw any rock, can, bottle, or other missile in any City park when said activity causes an unreasonable burden of maintenance, or causes any unreasonable risk of harm or danger to any person, or damage to any personal or public property.
7. 
Interfere with any scheduled athletic event by running or walking onto, or remaining on any field when not a member of any participating team.
8. 
Launch or land any aircraft, hang glider or parachute, as those terms are defined in Title 18 of this Code, in any developed City park or upon any City beach, except a person may launch and/or land a hang glider on the Douglas Family Preserve within the area posted by the Parks and Recreation Director, and a person may land a hang glider on East Beach in the area between a straight line drawn southerly from and parallel to the western end of the Cabrillo Pavilion parking lot and a straight line drawn southerly from and parallel to the eastern wall of the restroom in Chase Palm Park.
9. 
Have in his or her possession on any City beach a glass beverage bottle.
(Ord. 4189, 1982; Ord. 4943, 1996; Ord. 5265, 2003; Ord. 5309, 2004; Ord. 5323, 2004)

§ 15.16.240 Disturbing the Peace - Removal From the Park.

Any person who willfully delays or obstructs any City employee in the performance of his or her duties in a City park, or who by his or her conduct, or by threatening or profane language, unreasonably annoys, willfully molests or unreasonably interferes with the use of a City park by any other person, or who has committed a public offense in a City park, shall leave the park upon request made by the Director of Parks or Recreation, any recreation leader, ranger, park attendant, guard or special officer authorized by City or the Director of Parks or Recreation, peace officer or reserve police officer, after a warning has not resulted in cessation of the conduct hereinabove prohibited.
(Ord. 4189, 1982)

§ 15.16.250 Closing.

A. 
Entering or Remaining After Closing Time.
1. 
No person shall enter or remain in any City park or portion thereof at any time when the same is closed to the public unless authorized pursuant to a permit issued by the City Council or the Parks and Recreation Department. Any violation of this subdivision will be charged and prosecuted as an infraction. A person shall not be issued a citation for a violation of this subdivision unless the person has been ordered by a law enforcement officer or Park and Recreation Department employee not to enter or to leave a closed park and has failed to comply with the order.
2. 
The Parks and Recreation Department shall, by appropriate signs or other means, give notice of closing times, and may designate certain areas which will be closed to the public at a regular closing time, regardless of whether or not any outdoor or indoor activity is being or is scheduled to be conducted elsewhere in the park.
B. 
Activities After Closing Time. Any portion of a City park or any enclosed building in a City park in which an activity is being conducted or is scheduled to be conducted, with the written permission of the Parks and Recreation Department, shall not be considered closed after the regular closing time to members of the public who are authorized participants, observers and attendees in said activity, and who are within the permitted portion of the park, the enclosed building, any paths leading thereto from any street, or any other facility, outdoor area, or off-street parking area intended for use in connection therewith, until 30 minutes after the conclusion of the permitted activity. As to other members of the public who are not participants, observers or attendees in an activity being conducted or scheduled to be conducted in any portion of a City park or in any enclosed building therein, the park and all buildings therein shall be considered closed at the regular closing time.
C. 
Emergency Closing. The City Council, Director of Parks and Recreation, Fire Chief, Chief of Police or an authorized representative may direct any park or designated portion thereof to be closed to protect public property or natural resources within said City park, or any private or public property or natural resources in the vicinity of the park, from imminent damage or destruction or where there is a clear and present danger of a breach of the public peace or safety in said park or portion of a park or in the vicinity thereof. When a City park or portion thereof is closed to the public pursuant to the above authority or any other proper authority, no person shall enter said park or closed portion thereof after notice of such closing, or fail or refuse to promptly leave same when requested to do so by any guard, watchman, custodian, special officer, police officer or park ranger other person authorized to enforce the provisions of this Code.
(Ord. 4189, 1982; Ord. 5906, 2019)

§ 15.16.260 Closing Times.

A. 
Definitions. For the purposes of this section, the following definitions shall apply:
Sunrise.
Sunrise will be as determined by the National Weather Service.
Sunset.
Sunset will be as determined by the National Weather Service.
B. 
Except as otherwise specified in this chapter, all City park properties shall be closed to public use one half hour after sunset and shall remain closed until sunrise the following day, except by permit.
C. 
The following facilities shall be closed to the public as follows:
1. 
Softball fields, soccer fields, golf courses, tennis courts, community buildings, and swimming pools - closed one half hour after sunset and shall remain closed until sunrise the following day except when such facilities are operating under permit issued by the Parks and Recreation Department.
2. 
Skateboard facilities - closed one half hour after sunset and shall remain closed until sunrise the following day except when such facilities are operating under permit issued by the Parks and Recreation Department.
3. 
Skofield Park closed one half hour after sunset and shall remain closed until eight a.m. the following day.
4. 
Franceschi Park - closed one half hour after sunset and shall remain closed until eight a.m. the following day.
5. 
Hilda Ray Park - closed one half hour after sunset and shall remain closed until eight a.m. the following day.
(Ord. 4189, 1982; Ord. 4323, 1985; Ord. 4365, 1985; Ord. 4416, 1986; Ord. 4421, 1986; Ord. 4669, 1991; Ord. 4930, 1995; Ord. 5159, 2000; Ord. 5323, 2004; Ord. 5906, 2019)

§ 15.16.265 Exclusive Designated Children Playgrounds and Aquatic Facilities.

A. 
Definitions. For the purposes of this section, the following definitions shall apply:
Adult.
A person who has reached the age of 18 years.
Child/Children.
A person or persons who has reached the age of 12 years or younger.
B. 
Designated playground areas and aquatic facilities. The Parks and Recreation Department may designate areas and equipment in any City park, aquatic park or beach as a playground area for exclusive use by children. A designated playground area or aquatic facility may be enclosed or unenclosed and shall be posted with signs showing the boundary of the playground and aquatic facility and designated use restriction.
C. 
Prohibition. Except as provided in subsection D below, it is unlawful for any adult to be present in a playground area or aquatic facility designated and posted pursuant to subsection B unless the person is a parent, relative, guardian, caregiver, or supervisor of a child using the designated playground area.
D. 
Persons aged 13 years and older with special needs may be accompanied by a parent, relative, guardian, caregiver, or supervisor.
(Ord. 5906, 2019)

§ 15.16.270 Portable Self-Contained Grills and Stoves.

A. 
Definitions. For the purposes of this section, the following definitions shall apply:
Designated Picnic Area.
Areas designated as picnic and grilling areas by the Parks and Recreation Department and posted with signs.
Portable self-contained grills and stoves.
A portable grill or stove with a propane or charcoal fuel source contained within or attached to the grill.
Stationary Grills.
Grills provided by the City in designated picnic and grilling areas.
The use of stationary grills and portable self-contained grills and stoves are permitted only in designated picnic areas or by permit issued by the Parks and Recreation Department, except that no grills are allowed in the designated picnic areas or anywhere in Parma Park. Persons using portable self-contained grills and stoves are responsible for the safe removal of the portable grills and stoves and their fuel sources (charcoal and propane tanks). No dumping of coals is permitted on park or beach property except where there are designated coal disposal receptacles. Grills and stoves shall only be used for cooking purposes and not used as heaters or fire pits. The heated surfaces of table-top portable grills and stoves must be at least six inches above any surface, including picnic tables.
(Ord. 5906, 2019)

§ 15.17.010 Title and Purpose.

A. 
This chapter may be referred to as the City of Santa Barbara Special Events Ordinance.
B. 
This chapter establishes the process for permitting and regulating special events, such as athletic events, festivals, parades, public assemblies, demonstrations, and other special activities on City parks, beaches, streets, sidewalks, and plazas. The purposes of this chapter are:
1. 
To establish a coordinated process for managing special events.
2. 
To minimize the impact to regular and ordinary use of City property and facilities.
3. 
To ensure the health and safety of persons attending an event as well as those using City property but not attending an event; minimize conflicts between special events and other activities on City property; prohibit illegal activities from occurring at special events; and to protect the rights of special event permit holders.
4. 
To balance the rights of people to engage in expressive activities protected by the United States and California Constitutions and the rights of others in the City's public places by establishing a reasonable time, place and manner regulation of constitutionally protected activities.
5. 
To minimize the financial impact of special events on the City by providing cost recovery from special event organizers, to the extent authorized by law, while not unduly affecting the viability of events.
(Ord. 5988, 2021)

§ 15.17.020 Special Event Permit Required.

A. 
A special event permit is required for all special events except as provided in subsection B of this section.
B. 
A special event permit is not required for a First Amendment event unless the event involves:
1. 
Erection of fencing, tents, stages, barricades, booths, or other structures; or
2. 
Closure of all or a portion of any street or sidewalk, or diversion or control of vehicular traffic in order to provide for the safety of participants.
(Ord. 5988, 2021)

§ 15.17.030 Prohibitions.

It is unlawful for any person to:
A. 
Sponsor or conduct a special event, for which a permit is required by this chapter, without first obtaining the required permit.
B. 
Participate in a special event, for which a permit is required by this chapter, after being informed by a City official that the event is not permitted under this chapter.
C. 
Knowingly violate the terms and conditions of a special event permit.
(Ord. 5988, 2021)

§ 15.17.040 Interference with a Special Event Prohibited.

It is unlawful for any person to interfere with a special event permitted by this chapter by engaging in any of the following acts:
A. 
Blocking, obstructing, or impeding the passage of participants in the special event.
B. 
Walking or running, driving a vehicle, riding a bicycle or skateboard, or similar device through, between, with, or among participants, vehicles, or animals in the special event.
C. 
Dropping, throwing, rolling or flying any object toward, among, or between participants, vehicles, or animals in a special event.
D. 
Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle or animal in the special event or anything in the possession of any participant in the special event.
E. 
Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the special event.
F. 
Vending or offering for sale any food or merchandise at the site of the special event during the hours of the special event without first having obtained the written permission of the person holding the permit for the special event, in addition to any permits or licenses required for such activity by the City or any other governmental entity.
G. 
Willfully interfering with or disrupting a special event.
(Ord. 5988, 2021)

§ 15.17.050 Definitions.

As used in this chapter, the following terms and phrases have the meanings stated in this section.
Applicant.
A qualified person who has submitted an application for a special event permit under this chapter. To be qualified as an applicant the person must be the event organizer and have personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions, or be the authorized representative of an entity that is the event organizer that has legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
Athletic Event.
An organized activity involving a group of persons collectively engaged in a sport or other form of physical exercise, including participation sports (such as: marathons and similar running events; bicycle races or tours; volleyball, tennis, bocce or other tournaments; surfing contests; triathlons) or spectator sports (such as football, baseball, and basketball games or exhibitions).
Beach.
A City beach, including tidelands, uplands, and any parking lot or facility adjacent to the beach. Beach does not include the Santa Barbara Harbor or Harbor parking lots or facilities.
Block Party.
A public assembly, other than a parade or athletic event, that is conducted in a street and requires or results in full or partial closure of the street to vehicular traffic.
Demonstration.
Any formation, procession, or assembly of persons for the purposes of expressive activity.
Event Organizer.
Any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.
Expressive Activity.
Non-commercial conduct, the sole or principal object of which is the expression of opinion, views, or ideas.
First Amendment Event.
Any demonstration, parade, or public assembly that consists primarily of expressive activity protected by the First Amendment.
Parade.
Any march, procession, or motorcade consisting of persons, animals or vehicles, or combination thereof, on any city street or sidewalk except marches, processions, or motorcades where each participant is operating in compliance with all traffic laws. Parade also includes any march or procession of persons or equestrians on any City beach.
Park.
A City park managed by the Parks and Recreation Department, including any parking lot within the designated park area.
Person.
Any person, firm, partnership, association, corporation, company or organization of any kind, including public agencies other than the City or its departments or agencies.
Plaza.
A public square or plaza open to the public for passive recreational or other open space uses.
Public Assembly.
Any meeting, picket line, rally, or gathering of any kind that occupies any street, sidewalk, park, beach, or plaza. Public assemblies include, without limitation, festivals, concerts, speeches, parties, demonstrations, and similar gatherings.
Permittee.
Any person issued a permit for a special event pursuant to this chapter. To be qualified as a permittee the person must be the event organizer and have personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions, or be the authorized representative of an entity that is the event organizer that has legal capacity and responsibility for the special event and compliance with all permit terms and conditions.
Sidewalk.
The portion of a street other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel, whether paved or unpaved.
Sound-Amplifying System.
Any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, or sound vibration or wave.
Special Event.
A special event includes:
A. 
Any athletic event, block party, parade, or public assembly involving 75 or more persons on any City beach, park, plaza, sidewalk or street.
B. 
Any athletic event, block party, parade, or public assembly of any size on any City beach, park, plaza, sidewalk or street that involves the any of the following:
1. 
Erection of fencing, tents, stages, barricades, booths, or other structures;
2. 
Use of sound amplification equipment;
3. 
Service of alcoholic beverages;
4. 
Closure of all or a portion of any street or sidewalk, or diversion or control of vehicular traffic in order to provide for the safety of participants;
5. 
An admission fee or ticket for entry.
C. 
Any public assembly on a beach, plaza, or park for which the event organizer wants to reserve a specific date and location.
A special event does not include: any activity on city property, including street, beach, park, or plaza, authorized and conducted pursuant to a license, lease, use agreement, or other express prior authorization given the City for the activity.
Special Event Coordinator.
The Parks and Recreation Director or other City employee working under supervision of the Parks and Recreation Director and having responsibility for administration and implementation of this chapter.
Special event permit.
A permit pursuant to this chapter.
Sponsor.
To conduct, manage, promote, organize, aid or solicit attendance at a special event.
Street.
Any public street owned and maintained by the City, including the roadway, sidewalk, shoulder, parkway, median, or bike path within the street right-of-way.
(Ord. 5988, 2021)

§ 15.17.060 Special Events Coordinator.

The Special Events Coordinator shall have the power and duty to:
A. 
Administer and enforce this chapter and any administrative guidelines or regulations adopted pursuant to this chapter.
B. 
Approve, conditionally approve, or deny special event permits.
C. 
Represent the City, under the authority of the City Administrator, in discussions and in establishing agreements with the person(s) who represent the special events.
D. 
Refer an application to City departments and other governmental agencies for review, recommendations, and approvals regarding special services such as security, traffic control, governmental permitting or licensing, and other matters necessary for the protection of the public health, safety, and welfare.
E. 
Determine the terms and conditions, appropriate fees, and the date, start time, duration, location, and manner of operation or conduct of the event consistent with this chapter and other provisions of this Code applicable to the event.
F. 
Propose administrative guidelines for implementation of this chapter.
(Ord. 5988, 2021)

§ 15.17.070 Special Event Permit Application.

A. 
Application process. An application for a special event permit must be submitted to the Parks and Recreation Department on a form provided by the Department.
B. 
Time limits. An application for a special event permit must be submitted within the time period required by the administrative guidelines established pursuant to Section 15.17.170, but no less than 90 days before the proposed date of the event, except that an application for a First Amendment event when required under Section 15.17.020B may be submitted within a shorter time, but no later than 48 hours before the event, unless the circumstances set forth in subsection C of this section are established. The administrative guidelines established pursuant to Section 15.17.170 may establish an earlier application filing deadline not to exceed 300 days before the event, due to the anticipated size of the event, the occurrence of the event with other related events, or the need to coordinate for and plan City resources for the event or related events. If another permit, such as a coastal development permit, is required, the application for the special event permit may be processed concurrently with the application for the other permit.
C. 
Late application. Upon a showing of good cause, the Special Events Coordinator shall consider an application that is filed after the filing deadline established in administrative regulations and guidelines if there is sufficient time to process and investigate the application and obtain any necessary services for the event.
D. 
First Amendment event application. In the event a special events permit is required under Section 15.17.020B, an application for a special events permit to conduct a First Amendment Event that is not timely submitted shall be accepted upon a showing of good cause. Good cause shall be demonstrated if the applicant shows that: (1) the circumstance which gave rise to the permit application did not reasonably allow the event participants or sponsors to file an application within the time prescribed by administrative regulations and guidelines; and (2) the event is for the purpose of expression protected by the First Amendment.
E. 
Application fee. An application for a permit to conduct a special event that is not related to First Amendment expression shall be accompanied by a nonrefundable permit application fee in an amount established by resolution of the City Council.
(Ord. 5988, 2021)

§ 15.17.080 Special Event Review Process.

A. 
The Special Events Coordinator shall approve, conditionally approve, or deny an application for a special event permit for a First Amendment Event no later than four days after the Special Events Coordinator receives a completed application.
B. 
The Special Events Coordinator shall approve, conditionally approve, or deny an application for all special events other than First Amendment Events no later than 15 days after the Special Events Coordinator receives a completed application, unless the Special Events Coordinator determines that the circumstances of the special event require additional review by other governmental agencies.
C. 
In deciding whether to approve an application for a First Amendment Event, the Special Events Coordinator shall not consider the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.
D. 
The Special Events Coordinator shall issue a special event permit if it is determined that all of the following criteria have been met:
1. 
The preparation for or the conduct of the proposed use, event or activity is feasible or will not unreasonably or unfeasibly burden City resources necessary to preserve the public's use of the street in the area contiguous to the site for the special event.
2. 
The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the site for the special event or adversely affect the City's ability to perform municipal functions or furnish city services in the vicinity of the site for the special event.
3. 
The proposed use, event or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard.
4. 
The proposed event will be of a nature and size appropriate to the proposed venue, location, or site and will occur during a time period approved for that venue, location, or site.
5. 
A transportation management/parking plan has been approved by the City for the event to the extent such a plan is required by implementing guidelines and regulations.
6. 
The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot effectively be mitigated.
E. 
The Special Events Coordinator may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place, and manner of the event, if such requirements are necessary to protect the safety of persons and property, and to provide for adequate control of traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such conditions may include, but need not be limited to, the following:
1. 
Alteration of the date, time or location of the event proposed on the event application;
2. 
Requirements for provision of security or crowd control, either private or provided by the City;
3. 
Requirements for the provision of first aid, sanitary or emergency facilities;
4. 
Requirements for use of event monitors and some method for providing notice of permit conditions to event participants;
5. 
Requirements for use of trash and recycling containers/dumpsters, cleanup and restoration of City property;
6. 
Requirements on use of amplified sound, including music;
7. 
Compliance with any relevant ordinance or law in obtaining any legally required permit or license;
8. 
Restriction on the sale or service of alcoholic beverages;
9. 
Notification of residents in the neighborhood of the proposed event site;
10. 
Additionally, for parades:
a. 
Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;
b. 
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
c. 
Requirements for the use of traffic cones or barricades;
d. 
Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety by the Santa Barbara Fire Department;
e. 
Compliance with animal protection ordinances and laws;
11. 
For block parties, an application may be conditioned on notice and approval by 50% of the owners or tenants of dwellings or businesses along the affected street or streets;
12. 
Requirements for a cleanup deposit for an event involving the sale of food or beverages, erection of structures, participation of horses or other large animals or use of water aid stations, which deposit shall be returned if the area used for the permitted event has been cleaned and returned to the same condition as it existed prior to the issuance of an event permit.
(Ord. 5988, 2021)

§ 15.17.090 Denial or Revocation of Special Event Permit.

The Special Events Coordinator shall deny an application for a special event permit or revoke a special event permit only upon a determination from consideration of the application and other pertinent information that one or more of the following exists:
A. 
One or more of the approval criteria in Section 15.17.080 is not met.
B. 
The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.
C. 
The applicant fails to complete the application form after having been notified of the additional information or documents requested.
D. 
The application does not satisfy the requirements of this chapter or the administrative regulations adopted thereto.
E. 
The applicant or permittee has not complied with one or more of the conditions of approval, including, but not limited to:
1. 
Remittance of fees, charges or deposits;
2. 
Submittal of an indemnification agreement and/or proof of insurance to the extent required;
3. 
Timely receipt of all required permits and approvals.
F. 
The applicant fails to agree as a condition of permit issuance that if City property is destroyed or damaged by reason of permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
G. 
The permittee or event participants have damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior community event permit issued by the City.
H. 
The Special Events Coordinator has earlier received an application to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand, or the City is unable to meet the needs for necessary services for both events.
I. 
The time or size of the event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or disrupt the use of a street at a time when it is usually subject to great traffic congestion.
J. 
A City department has earlier received an application to hold another event at the same time or date, making it infeasible to hold both events because the City would not have sufficient resources to provide the necessary services for both events.
K. 
The concentration of persons, animals and vehicles at the site of the event is reasonably likely to prevent proper police, fire, or ambulance services to the event.
L. 
The location of the event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon the proposed event site or with a previously granted encroachment permit.
M. 
The event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school.
N. 
The proposed use is unlawful or not appropriate in the requested location.
O. 
The location is not available for reservation because the City has set it aside for a scheduled special event or due to policies restricting the frequency or scheduling of events at that location or at the proposed time.
P. 
The size, scope and duration of the proposed event is not compatible with the location or surrounding neighborhood.
Q. 
There is insufficient time to plan or organize the proposed use in a manner that is consistent with how the City permits events and with the needs of public health and safety.
(Ord. 5988, 2021)

§ 15.17.100 Departmental Service Charge.

A. 
In addition to the payment of the non-refundable permit application fee pursuant to Section 15.17.070E, a permittee is required to pay the City for City departmental service charges incurred in connection with or due to the permittee's activities under the permit as determined by the Special Events Coordinator. Such charges shall be based on actual costs incurred but shall not include charges for police protection of permittees or costs incurred due to public reaction to the permitted activities. The Special Events Coordinator may waive fees for First Amendment Events upon a determination that the fee would pose an undue burden on the Event Organizer.
B. 
City departments shall submit the final invoices and billings for department charges to the permittee no later than 30 working days after the expiration date of the permit.
C. 
A permittee who claims an inability to pay department service charges may have these charges waived in accordance with administrative regulations or guidelines adopted pursuant to this chapter. Application for such waiver shall be accompanied by such relevant information and documentation established by administrative regulations or guidelines as reasonably necessary to verify such status.
(Ord. 5988, 2021)

§ 15.17.110 Appeals.

The applicant shall have the right to appeal: (A) denial of a permit; (B) revocation of a permit; (C) a permit condition; (D) a determination that good cause to consider a late application does not exist; (E) a determination that an event does not qualify as a First Amendment Event; and (F) a determination that the applicant's insurance policy does not comply with the requirements specified in Section 15.17.130. A notice of appeal stating the grounds of appeal with specificity shall be filed with the City Administrator. The City Administrator shall schedule a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal. The City Administrator's decision on the appeal is final and not subject to further appeal except judicial challenge. The City Administrator may delegate the responsibility to hear and decide an appeal.
(Ord. 5988, 2021)

§ 15.17.120 Indemnification Agreement.

A. 
Prior to issuance of an event permit, the applicant or other authorized officer of the event organizer must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event and proximately caused by the actions of the permittee, its officers, employees, or agents, or any person acting under the permittee's direction or control, insofar as permitted by law. The agreement shall also provide that the permittee shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees or agents, or any person who was under the permittee's or sponsoring organization's control insofar as permitted by law and in a form consistent with this requirement and acceptable to the City Attorney. For purposes of this section, a person who merely joins in a special event is not considered, because of that act alone, to be "under the direction or control" of the permittee.
B. 
The indemnification requirement of subsection A of this section will be waived for those applicants who have established a basis for the waiver of insurance pursuant to Section 15.17.130C.
(Ord. 5988, 2021)

§ 15.17.130 Insurance Requirements.

A. 
The permittee must possess or obtain public liability insurance from a reliable insurance company authorized to do business in the state, to protect against loss from liability imposed by law for damages because of bodily injury and property damage arising from the event. Such insurance must name on the policy or by endorsement as additional insureds the City of Santa Barbara, its officers, its boards, employees, agents, and volunteers. Required coverage levels will be based on the size, scope and elements of the event and will be determined by the City Risk Manager without regard to content-based considerations.
B. 
A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the City Risk Manager prior to issuance of the permit, unless the City Risk Manager for good cause waives the filing deadline. Maintenance of this insurance shall be a condition of the permit.
C. 
The insurance requirements shall be waived by the City Risk Manager for First Amendment Events upon the filing by the applicant of a verified statement that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression or that insurance coverage for the event is not commercially available. As a condition of waiving the insurance requirement the Risk Manager may, at no charge to the applicant, require the applicant to apply for insurance coverage for the event under a policy selected or maintained by the City. The applicant must provide any information necessary to apply for such insurance coverage. The insurance requirements may be waived by the City Risk Manager for other events if the applicant establishes to the satisfaction of the City Risk Manager that the cost of obtaining insurance is financially prohibitive or it is impossible to obtain insurance coverage. As a condition of waiving the insurance requirement, the City Risk Manager may require the applicant to apply for insurance coverage for the event under a policy selected or maintained by the City of Santa Barbara, in which case the applicant or sponsor shall provide any information necessary to apply for such insurance coverage, and pay the reasonable cost of such coverage.
(Ord. 5988, 2021)

§ 15.17.140 Display of Special Event Permit.

A copy of the Special Event Permit shall be displayed at the special event site and shall be exhibited upon demand of any City official.
(Ord. 5988, 2021)

§ 15.17.150 Use of City Name or Logo Without Authorization.

It is unlawful for a permittee to use the words the "City of Santa Barbara" in any manner to suggest or indicate that the event is sponsored by the City or to use a facsimile of the seal or logo of the City of Santa Barbara in the promotional materials or advertising for the event without the express written authorization of the Special Events Coordinator.
(Ord. 5988, 2021)

§ 15.17.160 Noise Restrictions in Public Parks, Beaches, or Plazas.

Special events shall be conducted in accordance with all rules and regulations governing closure hours and noise generally applicable to use of City parks, beaches, and plazas except as otherwise expressly stated in the special event permit.
(Ord. 5988, 2021)

§ 15.17.170 Administrative Regulations.

The Special Events Coordinator may prepare administrative guidelines for implementation of this chapter. The administrative guidelines may include additional terms and requirements for the submission of applications, issuance of permits, and conduct of special events that are consistent with the provisions of this chapter. The administrative guidelines and amendments thereto shall become effective upon approval by the City Administrator. All such administrative guidelines must be in writing and made available in the Parks and Recreation Department and on the City's website.
(Ord. 5988, 2021)

§ 15.20.010 Title.

Recognizing that the urban forest is a valuable asset to the City of Santa Barbara, this chapter shall be known as and may be cited and referred to as the "Street Tree Ordinance of the City of Santa Barbara."
(Ord. 3000 §1, 1964; Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.020 Definitions.

For the purpose of this chapter, certain terms and words are hereby defined as follows:
Director.
The person having control and management of the Parks and Recreation Department of the City or the Director's designated representative.
Ground Cover.
Includes grass, turf or perennial plants that normally grow in a prostrate manner so as to conceal, or with the purpose of concealing, the ground surface, and that do not exceed eight inches in height, and that will tolerate light pedestrian traffic.
Historic Tree.
A tree which has been found by the Parks and Recreation Commission, the Historic Landmarks Commission, or the City Council to be a tree of notable historic interest and has been designated by resolution of the City Council as an "historic tree." For purposes of this definition, trees designated by the City Council as an "historic tree" or an "historic landmark tree" shall be treated as "historic trees."
Maintenance or Maintain.
For purposes of this chapter, maintenance or maintain shall mean the following: pruning, spraying, bracing, root pruning, staking, fertilizing, watering, treating for disease or injury, and other work performed to promote the health, beauty, or adaptability of trees and shrubs, but shall not include the watering of such trees in residential zones.
Official Tree.
A tree so designated by the Director because of its desirable characteristics of growth and beauty with reference to its crown, root structure, and adaptability to local climatic, soil and street conditions. The Director shall keep a list of official trees.
Parkway Strip.
Either (1) the area between the curb and sidewalk within a fully improved street right-of-way; or (2) that area extending six feet from the curb towards the nearest right-of-way line in an area with no sidewalk; or (3) any area within a street right-of-way in which an official or parkway tree is located.
Parkway Tree.
A tree planted or caused to be planted by the City within a street right-of-way.
Public Area.
Parks, playgrounds, areas around public buildings and all other areas under the supervision and maintenance of the City not including any street right-of-way.
Shrub.
Woody vegetation or a woody plant having multiple stems and bearing foliage from the ground level up.
Specimen Tree.
A tree which has been found by the Parks and Recreation Commission to be of high value because of its type and/or age and which has been designated by resolution of the City Council as a "specimen tree."
Street.
Shall have the meaning set forth in Chapter 28.04 or Section 30.300.190 of this Code.
Tree.
A usually tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, a single trunk rather than several stems.
Tree Well.
A planting area found in an otherwise paved street right-of-way.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5459, 2008; Ord. 5505, 2009; Ord. 5798, 2017)

§ 15.20.030 Master Street Tree Plan.

All trees within a parkway strip shall be planted and maintained according to the Master Street Tree Plan adopted by the City Council. The Director shall administer the Master Street Tree Plan and, with the approval of the Parks and Recreation Commission, shall have the authority to amend or add to the Master Street Tree Plan at any time that circumstances make such amendment or addition advisable.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.040 Other Plantings or Improvements in Parkway Strips.

It is unlawful to install or plant in a Parkway Strip any of the following without a written permit from the Director: (1) any tree not designated an official tree in the Master Street Tree Plan; (2) any other plant whose ultimate growing height is over eight inches; or (3) any other non-living ground cover. The Parks and Recreation Department shall maintain a list of plant materials which comply with the height requirements of this title.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.050 Director Authority and Responsibility.

A. 
The Director is hereby made responsible for inspection, maintenance, removal and replacement of all trees planted in public areas, parkway strips, and tree wells.
B. 
The Director shall have authority to remove or replace any tree or other planted improvements within a parkway strip which does not conform to the "Master Street Tree Plan" or this title.
C. 
The Director shall comply with the pruning standards published by the American National Standards Institute [ANSI A300] and the companion best management practices published by the International Society of Arboriculture in the inspection, maintenance, removal, and replacement of all trees planted in public areas, parkway strips, and tree wells with the following exceptions: (1) the Director has the discretion to determine whether or not to prepare written objectives or specifications for pruning activities; and (2) the Director has the discretion to determine the appropriate amount of pruning based on a tree's species, age, health, site, or other factors.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.060 Development Activity - Tree Plans.

The applicant for any activity for which approval by the Architectural Board of Review, the Historic Landmarks Commission, the Single Family Design Board, or the Planning Commission is required by City law shall, concurrently with processing of such application, submit to the Director and the appropriate review body plans for the planting of official trees within any parkway strip on or adjacent to the lot, parcel or building site. The Director may designate the species, kind, number, spacing, and method of planting of such trees and may require the inclusion of root inhibiting barriers.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.070 New Subdivisions - Conformity with Master Street Tree Plan.

No subdivision shall be approved unless it is found to include planting of official trees within the parkway strips in conformity with the "Master Street Tree Plan" and under the Director's supervision. Any such approval shall assure that the costs of planting and first two years maintenance, including irrigation, for all official trees are borne by the subdivider. The Director may require the posting of a performance bond to secure faithful performance of the planting, maintenance, and irrigation obligations in a manner consistent with the security provisions of the Subdivision Map Act (Government Code Section 66499 et seq.).
(Ord. 4245, 1983; Ord. 5505, 2009)

§ 15.20.080 Street Improvements - Integration of Plans.

Any proposed change in the direction or width of a public street right-of-way or any proposed street improvement shall, where feasible, incorporate plans for installation of parkway strips. Plans and specifications for planting such areas shall be integrated into the general plan of improvements and it shall be the duty of the City Engineer to coordinate the design of such improvements with the Parks and Recreation Department prior to completion of final overall plans. In order to provide for coordinating the multiple use of all street improvements, plans and specifications for street planting proposed by the Parks and Recreation Department shall be submitted to the City Engineer, Traffic Engineer and City Planner for their recommendations.
(Ord. 4245, 1983; Ord. 5312, 2004)

§ 15.20.090 Maintenance Responsibility of Property Owner.

A. 
An owner of property adjoining a street right-of-way is responsible for maintaining all trees and other vegetation planted between the edge of the pavement nearest said property and the right-of-way line separating the property from the street, except those trees to be maintained by the Director pursuant to Section 15.20.050. This maintenance obligation shall include keeping such area free from weeds or any obstructions inimical to public safety and or contrary to the Master Street Tree Plan. The placing of tar paper, plastic or other material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil in these areas, is prohibited.
B. 
Nothing in this chapter shall be deemed to relieve the owner of any property from the duty to keep the property, including any adjacent sidewalks and parkway strip in front thereof, in a safe condition and so as not to be hazardous to public travel. For purposes hereof, "owner" shall include any occupant of property.
(Ord. 4245, 1983; Ord. 5312, 2004)

§ 15.20.100 Abatement of Dangerous Conditions - Authority of Director.

The Director may remove a limb from any tree, regardless of the location of such tree, if in the Director's opinion such removal is necessary to maintain the safety of the public right-of-way. In the event such tree is on private property, the Director shall notify the property owner of the intent to remove a limb by written notice at least 10 days prior to such removal and, where possible, obtain the owner's consent for entry upon the property, except in the case of manifest public danger and immediate necessity.
(Ord. 4245, 1983; Ord. 5312, 2004)

§ 15.20.110 Permit Required for Planting, Maintaining, or Removing any Tree Growing Within a Street Right-of-Way or Public Area.

A. 
Permit required. Except for persons acting at the direction of the Director, a written permit shall be required for any person to plant, prune, trim, perform maintenance on, or remove any tree planted in a parkway strip, tree well, public area or street right-of-way.
B. 
Application. Whenever a person desires to plant, prune, trim, perform maintenance on, or remove any tree planted in a parkway strip, tree well, public area or street right-of-way, an application shall be filed with the Parks and Recreation Department on forms provided for such purpose. The application shall show clearly, by diagram or plot plan and photograph(s), the location and identity of the tree or trees sought to be planted, maintained or removed; the name and address of the applicant; and such other information as indicated on the form provided.
C. 
Planting. When an application proposes the planting of a tree in a parkway strip, tree well, public area or street right-of-way, the Director shall consider whether the proposed planting conforms to the Master Street Tree Plan. The Director may designate the species, kind, number, spacing, and method of planting of such trees and may require the inclusion of root inhibiting barriers as necessary to conform to the Master Street Tree Plan. The Director may approve, conditionally approve, or deny the application. If the application does not conform to the Master Street Tree Plan, or the applicant does not agree to the Director's conditions of approval, the Director shall deny the application.
D. 
Maintenance. When an application is submitted for maintenance of a tree planted in a parkway strip, tree well, public area or street right-of-way, the Director shall consider whether the proposed maintenance will benefit the state of the urban forest and may approve, conditionally approve, or deny the application on the basis of that consideration in the sole discretion of the Director. The Director may require written specifications for the work proposed as part of the permit application.
E. 
Removal. When an application is submitted for the removal of a tree planted in a parkway strip, tree well, public area or street right-of-way, the application shall be processed in accordance with the following procedures:
1. 
Notice. Any tree for which a removal permit has been requested must be posted with notice of the permit request by the Parks and Recreation Department for at least 10 days prior to issuing a permit for removal.
2. 
Administrative Review. The application shall first be reviewed by the Director to consider whether the removal would benefit the state of the urban forest considering the factors specified in paragraphs 3 and 4 below. If the Director finds that the removal is either: (a) beneficial to the state of the urban forest, or (b) necessary for public safety, the Director may issue the permit. If the Director finds that the removal will not benefit the state of the urban forest and is not necessary for safety, the Director may deny the application. The Director may also refer the application to the Street Tree Advisory Committee for further review consistent with this section. Except in cases where the Director finds removal is necessary for public safety, the applicant or any interested person may request review of the application by the Street Tree Advisory Committee and the Parks and Recreation Commission as provided in this section.
3. 
Street Tree Advisory Committee. If the application is referred to the Street Tree Advisory Committee by the Director or at the request of the applicant or any interested person, the application shall be presented to the Street Tree Advisory Committee at the next available meeting of the Committee. The Street Tree Advisory Committee shall consider the application and make a recommendation to the Parks and Recreation Commission to approve, conditionally approve, or deny the application. When making its recommendation, the Street Tree Advisory Committee shall consider the following factors:
a. 
Whether such tree is designated as an historic or specimen tree;
b. 
Whether the tree species and placement conform to the "Master Street Tree Plan";
c. 
The condition and structure of the tree and the potential for proper tree growth and development of the tree canopy;
d. 
The number and location of adjacent trees on City property and the possibility of maintaining desirable tree density in the area through additional planting on City property; and
e. 
Any beneficial effects upon adjacent trees to be expected from the proposed removal.
4. 
Parks and Recreation Commission. Once the Street Tree Advisory Committee has made its recommendation, the application and the Street Tree Advisory Committee's recommendation shall be presented to the Parks and Recreation Commission at the next available meeting of the Commission. After receiving the recommendation of the Street Tree Advisory Committee and a recommendation from the Director, the Parks and Recreation Commission shall approve, conditionally approve, or deny the application. When making its decision, the Parks and Recreation Commission shall consider the following factors:
a. 
Whether such tree is designated as an historic or specimen tree;
b. 
Whether the tree species and placement conform to the "Master Street Tree Plan";
c. 
The condition and structure of the tree and the potential for proper tree growth and development of the tree canopy;
d. 
The number and location of adjacent trees on City property and the possibility of maintaining desirable tree density in the area through additional planting on City property; and
e. 
Any beneficial effects upon adjacent trees to be expected from the proposed removal.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.115 Work Without a Permit - Unlawful Acts.

It is unlawful for any person, except a person acting at the direction of the Director, to plant, prune, trim, perform maintenance on, or remove any tree planted in a parkway strip, tree well, public area or street right-of-way without the permit required pursuant to Section 15.20.110 of this Code.
(Ord. 5505, 2009)

§ 15.20.120 Permit for Maintenance or Removal - Time Limit.

Any work authorized by a permit shall be done under the general supervision of the Director and in accordance with rules established by the Director. All costs incurred in maintaining or removing a tree as permitted pursuant to this chapter shall be borne by the permittee. When a tree is removed under permit, the Director or Parks and Recreation Commission may require a replacement tree to be planted, and all costs related to the replacement tree shall be borne by the permittee.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.130 Conditions of Approval for Maintenance or Removal.

Any person, business, or corporation who receives a permit to maintain or remove an official or parkway tree shall comply with all of the following conditions:
A. 
Carry public liability and property damage insurance in an amount to be determined by the City Council, and maintain a current certificate of such insurance on file with the City Clerk.
B. 
Conduct all maintenance activities in compliance with the current pruning standards published by the American National Standards Institute [ANSI A300] and the companion best management practices published by the International Society of Arboriculture. The Director or the Parks and Recreation Commission may require written specifications for the work proposed as a condition of the permit.
C. 
Post a performance bond in the amount equal to the cost of a proposed job, if required by the Director.
(Ord. 4245, 1983; Ord. 4327, 1985; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.140 Interference with Work Prohibited.

No person shall interfere, or cause any person to interfere with, any work being done under provisions of this chapter by any employee of the City or any person or firm doing work for the City on bid, hire or assignment.
(Ord. 4245, 1983)

§ 15.20.150 Injuring Trees - Unlawful Acts.

It is unlawful for any person to injure or destroy any tree growing within a City street right-of-way or in public areas by any means, including, but not limited to, the following:
A. 
Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to substantially shut off air, light or water from its roots;
B. 
Piling building equipment, material or any other substance around any tree so as to cause injury;
C. 
Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk;
D. 
Posting any sign, poster, notice or otherwise on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard without having first obtained a permit from the Director;
E. 
Causing any wire charged with electricity to come in contact with any tree without having first obtained a permit from the Director;
F. 
Causing any fire or burning near or around any tree.
(Ord. 4245, 1983; Ord. 5312, 2004)

§ 15.20.160 Appeals to Parks and Recreation Commission.

Any applicant or interested person may appeal a decision of the Director regarding a permit required for planting or maintaining a tree in a street right-of-way or public area by filing a written notice thereof with the Parks and Recreation Department within 10 days after such decision is made. Implementation of the decision shall be stayed during the pendency of the appeal. The notice shall clearly specify the reasons for the appeal. The appeal shall be placed on the agenda of the Parks and Recreation Commission at its next available meeting. The Parks and Recreation Commission shall make a ruling based on the evidence presented, and may sustain, modify or reverse the decision of the Director.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.170 Appeals to City Council.

Any action of the Parks and Recreation Commission made pursuant to this chapter may be appealed to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
(Ord. 4245, 1983; Ord. 5136, 1999; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.20.180 Designation of "Specimen" and "Historic" Trees.

Any recommendation by the Parks and Recreation Commission or the Historic Landmarks Commission to City Council for the designation of a "Specimen" or "Historic" tree shall be preceded by two public hearings, which shall be at least 30 days apart.
(Ord. 4245, 1983; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.001 Title.

Recognizing that trees on private property can make valuable contributions to the urban forest of the City of Santa Barbara, this chapter shall be known as and may be cited and referred to as the "Tree Preservation Ordinance of the City of Santa Barbara."
(Ord. 5505, 2009)

§ 15.24.002 Use of American National Standards Institute Pruning Standards.

The City follows the pruning standards published by the American National Standards Institute [ANSI A300] and the companion best management practices published by the International Society of Arboriculture in the care and maintenance of City trees. The City encourages residents to utilize and follow the current standards and best management practices in the care and maintenance of their trees.
(Ord. 5505, 2009)

§ 15.24.010 Definitions.

For the purpose of this chapter, certain terms and words are hereby defined as follows:
Director.
The Director of the City's Parks and Recreation Department or the Director's designated representative.
Historic Tree.
A tree which has been found by the Parks and Recreation Commission, the Historic Landmarks Commission or the City Council to be a tree of notable historic interest and has been designated by resolution of the City Council as an "historic tree." For purposes of this definition, trees designated by the City Council as an "historic tree" or an "historic landmark tree" shall be treated as "historic trees."
Palm Tree.
Any tree from the Palmae plant family.
Parking Lot Tree.
A tree situated in a planter required pursuant to Section 28.90.050 or Section 30.175.080 of this code.
Remove a Tree.
To cut a tree down or to otherwise remove a tree from its location by any means.
Setback Tree.
A tree located in the front setback of any lot as the term front setback is defined and specified in Title 28 of this code, the Zoning Ordinance. A tree is a setback tree if more than 50% of the tree trunk, measured at the highest natural grade adjacent to the trunk, is within the front setback.
Significantly Alter a Tree.
To prune a tree in such a way that either (1) its natural character is significantly altered, or (2) the height and/or spread of the tree crown is reduced by more than one-quarter within any 12-month period.
Specimen Tree.
Any tree which has been found by the Parks and Recreation Commission to be of high value because of its type and/or age and which has been designated by resolution of the City Council as a "specimen tree."
Tree.
A usually tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, a single trunk rather than several stems.
Tree Crown.
The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.
Tree on an Approved Plan.
A tree shown on an approved plan on record with the City for a lot developed with a nonresidential or multi-unit residential use.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 4619, 1990; Ord. 5312, 2004; Ord. 5505, 2009; Ord. 5798, 2017)

§ 15.24.020 Prohibition.

Except as provided in Sections 15.24.030 and 15.24.035, it is unlawful for any person to remove or significantly alter or to authorize or allow the removal or significant alteration of any of the following trees without a permit:
A. 
A setback tree;
B. 
A parking lot tree;
C. 
A tree on an approved plan; or
D. 
A tree designated as an historic or specimen tree by the City Council.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 5312, 2004; Ord. 5459, 2008; Ord. 5505, 2009)

§ 15.24.030 Lawful Removal of Trees Without a Permit.

Notwithstanding the prohibition specified in Section 15.24.020, a tree that is subject to the prohibition specified in Section 15.24.020 may be lawfully removed without a permit if the tree satisfies any one of the following definitions:
A. 
The main trunk of the tree is less than four inches in diameter at a point four feet six inches above the highest natural grade adjacent to the trunk;
B. 
The tree is diseased, and the tree's condition is a source of present danger to healthy trees in the immediate vicinity; provided, a certificate attesting such condition has been filed with the Parks and Recreation Director by a member of the American Society of Consulting Arborists, an arborist certified by the International Society of Arboriculture, or by an authorized employee of the City Parks and Recreation Department at least 48 hours prior to the removal of the tree;
C. 
The tree is so weakened by age, disease, storm, fire, or any injury so as to cause imminent danger to persons or property; provided, prior written notice of such condition has been given to the Parks and Recreation Director at least 48 hours prior to the removal of the tree, or shorter period if approved by the Parks and Recreation Director;
D. 
The tree is dead; provided, prior written notice of such condition has been given to the Parks and Recreation Director at least 48 hours prior to the removal of the tree, or shorter period if approved by the Parks and Recreation Director; or
E. 
The Fire Department has ordered the tree removed in order to maintain required defensible space on the lot or to comply with the City's Wildland Fire Plan.
If the tree to be removed pursuant to this section is located on a lot within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District, and the removal of the tree will significantly affect the exterior visual qualities of the lot, the Parks and Recreation Director or the Community Development Director may require the replacement of the tree with a tree approved by the Historic Landmarks Commission.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 4154, 1982; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.035 Lawful Significant Alteration of Trees Without a Permit.

Notwithstanding the prohibition specified in Section 15.24.020, a tree that is subject to the prohibition specified in Section 15.24.020 may be significantly altered without a permit if the tree satisfies either of the following definitions:
A. 
The tree poses a potential danger to persons or property due to age, disease, storm, fire, or other injury; provided:
1. 
A written report prepared by a member of the American Society of Consulting Arborists or an arborist certified by the International Society of Arboriculture specifying the reason(s) for the reduction and the extent of the proposed work is filed with the Parks and Recreation Director; and
2. 
An authorized employee of the City Parks and Recreation Department assesses the condition of the tree and approves the proposed work as comporting with sound arboricultural practices as specified in the American National Standards Institute tree pruning standards [ANSI A300].
B. 
The City Fire Department has ordered the pruning of the tree in order to maintain required defensible space or to comply with the City's Wildland Fire Plan; provided, the scope of the pruning allowed pursuant to this section is limited to the extent of the pruning specified in the Fire Department order that is filed with the Parks and Recreation Director.
(Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.040 Application to Remove a Setback Tree.

When a permit is required for the removal of a setback tree pursuant to this chapter, the application for such permit shall be processed as follows (excluding trees on lots within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District, which are processed pursuant to Section 15.24.055):
A. 
Application. An application shall be filed with the Parks and Recreation Department on forms provided for such purpose. The application shall show the location and identity of the tree or trees sought to be removed by diagram or plot plan and photograph(s), the name and address of the owner, and such other information as indicated on the form provided.
B. 
Street Tree Advisory Committee recommendation. The application shall be presented to the Street Tree Advisory Committee at the first available meeting of the Committee following receipt of the application. The Street Tree Advisory Committee may receive a report from the Parks and Recreation Director regarding the application, and the Committee shall make a recommendation to the Parks and Recreation Commission to approve, conditionally approve, or deny the application based on the considerations specified in Section 15.24.080.
C. 
Decision on application. The application shall be presented to the Parks and Recreation Commission at the first available meeting of the Commission after the Street Tree Advisory Committee has made its recommendation. After receiving the recommendation of the Street Tree Advisory Committee and a report from the Parks and Recreation Director, the Parks and Recreation Commission shall approve, conditionally approve, or deny the application. When making its decision, the Parks and Recreation Commission shall consider the factors listed in Section 15.24.080 and make one or more of the findings specified in Section 15.24.090.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.050 Application to Remove a Parking Lot Tree or a Tree on an Approved Plan.

When a permit is required for the removal of a parking lot tree or a tree on an approved plan pursuant to this chapter, the application for such permit shall be processed as follows (excluding trees on lots within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District, which are processed pursuant to Section 15.24.055):
A. 
Application. An application shall be filed with the Community Development Department on forms provided for such purpose. The application shall show the location and identity of the tree or trees sought to be removed by diagram or plot plan and photograph(s), the name and address of the owner, and such other information as indicated on the form provided.
B. 
Decision on application. The application shall be presented to the Architectural Board of Review at the first available meeting of the Board. After receiving a report from the Community Development Director, the Architectural Board of Review shall approve, conditionally approve, or deny the application. When making its decision, the Architectural Board of Review shall consider the factors listed in Section 15.24.080 and make one or more of the findings specified in Section 15.24.090.
(Ord. 5505, 2009)

§ 15.24.055 Application to Remove a Tree Located in El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District.

When a permit is required for the removal of a tree pursuant to this chapter, and the tree is located on a lot within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District (except historic or specimen trees, which are processed pursuant to Section 15.24.060), the application for such permit shall be processed as follows:
A. 
Application. An application shall be filed with the Community Development Department on forms provided for such purpose. The application shall show the location and identity of the tree or trees sought to be removed by diagram or plot plan and photograph(s), the name and address of the owner, and such other information as indicated on the form provided.
B. 
Decision on application. The application shall be presented to the Historic Landmarks Commission at the first available meeting of the Commission. After receiving a report from the Community Development Director, the Historic Landmarks Commission shall approve, conditionally approve, or deny the application. When making its decision, the Historic Landmarks Commission shall consider the factors listed in Section 15.24.080 and make one or more of the findings specified in Section 15.24.090.
(Ord. 5505, 2009)

§ 15.24.060 Application to Remove an Historic or Specimen Tree.

When a permit is required for the removal of an historic or specimen tree pursuant to this chapter, the application for such permit shall be processed as follows:
A. 
Application. An application shall be filed with the Parks and Recreation Department on forms provided for such purpose. The application shall show the location and identity of the tree or trees sought to be removed by diagram or plot plan and photograph(s), the name and address of the owner, and such other information as indicated on the form provided.
B. 
Street Tree Advisory Committee recommendation. The application shall be presented to the Street Tree Advisory Committee at the first available meeting of the Committee following receipt of the application. The Street Tree Advisory Committee may receive a report from the Parks and Recreation Director regarding the application, and the Committee shall make a recommendation to the Parks and Recreation Commission to approve, conditionally approve, or deny the application based on the considerations specified in Section 15.24.080.
C. 
Decision on application. The application shall be presented to the Parks and Recreation Commission at the first available meeting of the Commission after the Street Tree Advisory Committee has made its recommendation. After receiving the recommendation of the Street Tree Advisory Committee and a report from the Parks and Recreation Director, the Parks and Recreation Commission shall approve, conditionally approve, or deny the application. When making its decision, the Parks and Recreation Commission shall consider the factors listed in Section 15.24.080 and make one or more of the findings specified in Section 15.24.090.
(Ord. 5505, 2009)

§ 15.24.070 Action on Permit Application.

As provided in Sections 15.24.040 through 15.24.060 above, the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review (as applicable) shall vote upon the application within 60 days after it is filed. A majority vote of the members present shall be required to approve a tree removal. A failure to vote to approve, conditionally approve, or deny the application within 60 days shall be deemed an approval of the application without condition. When a decision is made by the appropriate Board or Commission, the City Department processing the application shall notify the applicant in writing of the decision.
(Ord. 5505, 2009)

§ 15.24.080 Considerations for Removal.

The following considerations shall be taken into account by the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review, as applicable, in acting upon a tree removal request made pursuant to this chapter:
A. 
Whether such tree is designated as an historic or specimen tree;
B. 
The potential size of the tree in relation to the size of the lot or building site and the size of the proposed or existing improvements;
C. 
The number and size of other trees which would remain upon the building site after the requested removal;
D. 
The number and location of adjacent trees on City property and the possibility of maintaining desirable tree density in the area through additional planting on City property;
E. 
Any beneficial effects upon adjacent trees to be expected from the proposed removal;
F. 
Whether the tree sought to be removed was planted by or with the permission of the applicant or the applicant's co-tenant at the time such tree was planted;
G. 
The condition and structure of the tree and the potential for proper tree growth and development of the tree canopy.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.090 Findings for Removal.

Before approving or conditionally approving an application for the removal of a tree pursuant to this chapter 15.24, the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review, as applicable, shall make one or more of the following findings:
A. 
That principles of good forest management will best be served by the proposed removal;
B. 
That a reasonable and practical development of the property on which the tree is located requires removal of the tree or trees whose removal is sought;
C. 
That the character of the immediate neighborhood with respect to forestation will not be materially affected by the proposed removal;
D. 
That topography of the building site renders removal desirable;
E. 
That regard for the safety of persons or property dictates the removal.
(Ord. 3360, 1969; Ord. 3863, 1976; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.100 Appeals to City Council.

Any action of the Parks and Recreation Commission, the Historic Landmarks Commission, or the Architectural Board of Review made pursuant to this chapter may be appealed to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 3863, 1976; Ord. 5136, 1999; Ord. 5312, 2004; Ord. 5505, 2009)

§ 15.24.110 Other City Regulations Related to Trees and Landscaping.

For purposes of reference, the following provisions of this code also concern the maintenance of trees and plants within the City of Santa Barbara:
A. 
Section 8.04.020.G.5 and 6: "Fire Code Vegetation Management" and "Defensible Space Requirements."
B. 
Chapter 8.20: "Vegetation Obstructing Public Places."
C. 
Chapter 15.20: "Tree Planting and Maintenance."
D. 
Chapter 22.10: "Vegetation Removal."
E. 
Chapter 22.11: "Maintenance of Approved Landscape Plans."
F. 
Section 22.22.130: "Approval for Construction, Demolition, Moving or Exterior Alteration" (El Pueblo Viejo Landmark District and Brinkerhoff Avenue Landmark District).
G. 
Chapter 22.68: "Architectural Board of Review" (Landscape Plans).
H. 
Chapter 22.69: "Single Family Design Board" (Landscape Plans).
I. 
Chapter 22.76: "View Dispute Resolution Process."
J. 
Section 28. 87.170: "Fences, Walls, Screens and Hedges."
K. 
Section 28.87.200: "Landscape or Planting Plan Approvals Standards."
L. 
Section 28.90.050: "Landscaping and Lighting" (Parking Lot Design Standards).
M. 
Section 30.140.120: "Fences and Hedges."
N. 
Section 30.175.090: "Parking Area Design and Development Standards."
(Ord. 5505, 2009; Ord. 5798, 2017)