Santa Barbara City Zoning Code

Sunday of each week;

Saturday during Fiesta week;

The Saturday before the second Sunday in May, to commemorate the anniversary of the show;

Saturday following Thanksgiving Day (but not Friday following Thanksgiving Day);

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;

The specific days identified for City recognized observation of New Year's Day; and

Additional Saturdays as determined appropriate by the Parks and Recreation Director.

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.

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.

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.

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.

The applicant shall pay the fees established by City Council resolution before issuance of the permit.

Permits may be renewed, at expiration, for additional one year periods, upon repayment of the fee provided in this section.

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.

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.

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.

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.

Any public park;

Any public street;

Any public parking lot or public area, improved or unimproved;

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.

Any public park;

Any public street;

Any public parking lot or public area, improved or unimproved;

Any public beach.

In any public beach during the period of time from one-half hour after sunset to 6:00 a.m.;

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;

On the grounds of City owned or maintained buildings, facilities or other improved City property.

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.

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.

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.

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.

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.

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:

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.

No person shall shoot any of the above-described weapons or instruments into the park limits from outside the limits of a park.

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.

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;

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;

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;

Use or be upon any publicly owned or publicly operated skateboard facility while wearing any audio headset;

Introduce, employ or use any unauthorized equipment, obstacle or apparatus within any publicly owned or publicly operated skateboard facility;

Enter or remain in any publicly owned or publicly operated skateboard facility with any food or beverage; or

Play amplified music in any publicly owned or publicly operated skateboard facility.

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:

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.

No person shall, nor shall any person permit a minor under his or her supervision to:

Entering or Remaining After Closing Time.

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.

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.

Definitions. For the purposes of this section, the following definitions shall apply:

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.

The following facilities shall be closed to the public as follows:

Definitions. For the purposes of this section, the following definitions shall apply:

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.

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.

Persons aged 13 years and older with special needs may be accompanied by a parent, relative, guardian, caregiver, or supervisor.

Definitions. For the purposes of this section, the following definitions shall apply:

This chapter may be referred to as the City of Santa Barbara Special Events Ordinance.

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:

A special event permit is required for all special events except as provided in subsection B of this section.

A special event permit is not required for a First Amendment event unless the event involves:

Sponsor or conduct a special event, for which a permit is required by this chapter, without first obtaining the required permit.

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.

Knowingly violate the terms and conditions of a special event permit.

Blocking, obstructing, or impeding the passage of participants in the special event.

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.

Dropping, throwing, rolling or flying any object toward, among, or between participants, vehicles, or animals in a special event.

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.

Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the special event.

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.

Willfully interfering with or disrupting a special event.

Administer and enforce this chapter and any administrative guidelines or regulations adopted pursuant to this chapter.

Approve, conditionally approve, or deny special event permits.

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.

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.

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.

Propose administrative guidelines for implementation of this chapter.

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.

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.

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.

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.

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.

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.

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.

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.

The Special Events Coordinator shall issue a special event permit if it is determined that all of the following criteria have been met:

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:

One or more of the approval criteria in Section 15.17.080 is not met.

The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.

The applicant fails to complete the application form after having been notified of the additional information or documents requested.

The application does not satisfy the requirements of this chapter or the administrative regulations adopted thereto.

The applicant or permittee has not complied with one or more of the conditions of approval, including, but not limited to:

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.

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.

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.

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.

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.

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.

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.

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.

The proposed use is unlawful or not appropriate in the requested location.

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.

The size, scope and duration of the proposed event is not compatible with the location or surrounding neighborhood.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The Director is hereby made responsible for inspection, maintenance, removal and replacement of all trees planted in public areas, parkway strips, and tree wells.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

Post a performance bond in the amount equal to the cost of a proposed job, if required by the Director.

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;

Piling building equipment, material or any other substance around any tree so as to cause injury;

Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk;

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;

Causing any wire charged with electricity to come in contact with any tree without having first obtained a permit from the Director;

Causing any fire or burning near or around any tree.

A setback tree;

A parking lot tree;

A tree on an approved plan; or

A tree designated as an historic or specimen tree by the City Council.

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;

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;

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;

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

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.

The tree poses a potential danger to persons or property due to age, disease, storm, fire, or other injury; provided:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Whether such tree is designated as an historic or specimen tree;

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;

The number and size of other trees which would remain upon the building site after the requested removal;

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;

Any beneficial effects upon adjacent trees to be expected from the proposed removal;

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;

The condition and structure of the tree and the potential for proper tree growth and development of the tree canopy.

That principles of good forest management will best be served by the proposed removal;

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;

That the character of the immediate neighborhood with respect to forestation will not be materially affected by the proposed removal;

That topography of the building site renders removal desirable;

That regard for the safety of persons or property dictates the removal.

Section 8.04.020.G.5 and 6: "Fire Code Vegetation Management" and "Defensible Space Requirements."

Chapter 8.20: "Vegetation Obstructing Public Places."

Chapter 15.20: "Tree Planting and Maintenance."

Chapter 22.10: "Vegetation Removal."

Chapter 22.11: "Maintenance of Approved Landscape Plans."

Section 22.22.130: "Approval for Construction, Demolition, Moving or Exterior Alteration" (El Pueblo Viejo Landmark District and Brinkerhoff Avenue Landmark District).

Chapter 22.68: "Architectural Board of Review" (Landscape Plans).

Chapter 22.69: "Single Family Design Board" (Landscape Plans).

Chapter 22.76: "View Dispute Resolution Process."

Section 28. 87.170: "Fences, Walls, Screens and Hedges."

Section 28.87.200: "Landscape or Planting Plan Approvals Standards."

Section 28.90.050: "Landscaping and Lighting" (Parking Lot Design Standards).

Section 30.140.120: "Fences and Hedges."

Section 30.175.090: "Parking Area Design and Development Standards."