NOTES
For statutory provisions regarding the planting of trees along public streets, see Str. and Hwy. Code § 5101(1) and § 22000 et seq.; for provisions regarding municipal programs of street plantings, see Gov. Code § 40401.

This chapter shall be referred to as the "Tree and Landscape Ordinance of Sonora."

(Ord. 619 (part), 1986: Ord. 268 § 1, 1956.)

"Park trees" are trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the city, or to which the public has free access as a park.

"Street trees" are trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city.

(Ord. 619 (part), 1986: Ord. 268 § 3, 1956.)

There is created and established a city tree and landscaping board for the city, which shall consist of the city council subcommittee on parks, recreation and beautification and such other members of the public appointed by the mayor.

(Ord. 619 (part), 1986: Ord. 268 § 4, 1956.)

It shall be the responsibility of the board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree and landscape plan for the city. The board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(Ord. 619 (part), 1986: Ord. 268 § 5, 1956.)

The Sonora tree and landscaping board will develop a list of appropriate trees to be planted in public spaces and will forward it to the city council for adoption and publication by resolution.

(Ord. 619 (part), 1986: Ord. 268 § 6, 1956.)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with species size classes listed in the resolution on trees to be planted. In no event shall any tree be planted within two feet of any curb, curbline or sidewalk.

(Ord. 619 (part), 1986: Ord. 268 § 7, 1956.)

The city may plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

The city tree and landscaping board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, power lines, gas lines, water lines or other public improvements, or is infected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with this chapter.

(Ord. 619 (part), 1986: Ord. 268 § 8, 1956.)

It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the city tree and landscaping board.

(Ord. 619 (part), 1986: Ord. 268 § 2, 1956.)

Every owner of any tree overhanging any street right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any streetlight or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city may prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign.

(Ord. 619 (part), 1986: Ord. 268 § 9, 1956.)

The city may remove any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a threat to other trees within the city. The city tree and landscaping board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city may remove such trees and charge the cost of removal to the owners.

(Ord. 619 (part), 1986.)

Removal of any trees having a minimum trunk diameter of six inches, on any undeveloped parcel within the city, in anticipation of developing that parcel is strictly prohibited. Developers must abide by the provisions of Sections 12.20.120 and 12.20.130 of this chapter prior to removing trees on undeveloped parcels which they plan to improve.

(Ord. 619 (part), 1986.)

For the purposes of this chapter, a landscape plan shall include a map of the undeveloped/predeveloped parcel(s), if any exist, which clearly locates and indicates the type and size (diameter at breast height) of all trees to be removed. The plan shall also locate and indicate, on a separate map, the type, size and location of all proposed landscaping to be completed after the construction of improvements to the property.

(Ord. 697 § 1, 1994.)

As provided for below, all subdivision and planned development plans filed for tentative approval shall include a landscape plan, as defined in this chapter.

Where said projects may potentially affect or change the existing landscape in the discretion of the planning department, the planning department shall require a landscape plan to be referred to the city tree and landscaping board for review and written approval. The board shall complete its review and make its determination within fifteen days of receipt of the landscape plan from the planning department. An applicant may appeal the decision of the board to the planning commission, according to procedures set forth in Section 17.62.100 of this code.

Once a landscape plan has been approved as provided in this chapter, no changes shall be permitted in the approved plan without the review and written approval of the city tree and landscaping board.

(Ord. 697 § 2, 1994: Ord. 619 (part), 1986.)

As provided for below, all commercial, industrial, parking lots and multifamily residential construction plans for new construction or exterior remodel/rehabilitation shall include a landscape plan, as defined in this chapter.

Where said projects may potentially affect or change the existing landscape in the discretion of the planning department, the planning department shall require a landscape plan to be referred to the city tree and landscaping board for review and written approval. The board shall complete its review and make its determination within fifteen days of receipt of the landscape plan from the planning department. An applicant may appeal the decision of the board to the planning commission, according to procedures set forth in Section 17.62.100 of this code.

Once a landscape plan has been approved as provided in this chapter, no changes shall be permitted in the approved plan without the review and written approval of the city tree and landscaping board.

(Ord. 697 § 3, 1994: Ord. 619 (part), 1986.)

1. A guarantee of performance bond or escrow agreement must be provided and posted in a manner described below, with the amount to be determined by the community development director and approved by the parks, beautification and recreation committee, to insure satisfactory completion of the landscaping plan as submitted and approved. The amount of such guarantee shall be equal to one and one-fourth times the cost of purchasing, installing, and completing landscaping and screening materials required under this chapter. All such guarantees shall be subject to approval by the city council and shall be made payable to the city of Sonora.
   1. Performance Bond(s). The subdivider/developer shall obtain a performance bond(s) from a bonding company authorized to do business in California. The duration of the bond(s) shall be until such time as the improvements are accepted by the city council.
   2. Cash or Equivalent Security. The subdivider/developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the city or in escrow with a financial institution designated as an official depository of the city.
      
      If cash or other instrument is deposited in escrow with a financial institution as herein provided, the subdivider/developer shall then file with the city council an agreement between the financial institution and himself guaranteeing the following:
      1. That said escrow account shall be held in trust until released by the city council and may not be used or pledged by the subdivider/developer in any matter during the term of the escrow; and
      2. That in the case of a failure on the part of the subdivider/developer to complete said improvement, the financial institution shall, upon notification by the city council and submission by the city council to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the city the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the city any other instruments fully endorsed or otherwise made payable in full to the city.
      3. Upon default, meaning failure on the part of the subdivider/developer to complete the required improvements in a timely manner, as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the city council, pay all or any portion of the bond or escrow fund to the city up to the amount needed to complete the improvements based on an engineer's estimate. Upon payment, the city council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The city shall return to the bonding firm any funds not spent in completing the improvements. Should the amount of funds needed to complete the installation of all improvements exceed the amount in the bond or escrow account, the subdivider/developer shall nonetheless be responsible for providing the funds to cover such costs. The subdivider/developer shall at all times bear the financial burden for the installation of all required improvements.
      4. The city council may authorize the city administrator to release part of any security posted as the improvements are completed and approved by the city. Such funds shall be released within ten days after the corresponding improvements have been so approved.
2. It is recognized that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. To ensure compliance with this section and to reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, in lieu of requiring the completion and installation of these improvements prior to the issuance of a certificate of occupancy, the city may enter into an agreement with the subdivider/developer whereby the subdivider/developer shall agree to complete all required landscaping and screening. Once said agreement is signed by the city and the subdivider/developer and the security required as stated in this subsection is provided, the certificate of occupancy may be approved by the community development director, if all other requirements of this section are met. To secure this agreement, the subdivider/developer shall provide to the city either one, or a combination of the previous guarantees.

(Ord. 767 § 1, 2004)

No building permits for the type of improvements delineated in Sections 12.20.120 and 12.20.130 will be issued unless a landscape plan has been approved by the city tree and landscaping board. Further, no final building inspection and/or certificate of occupancy shall be issued by the building department unless landscaping has been installed in substantial compliance with the approved landscape plan, or adequate provisions for installation of landscaping have been made.

(Ord. 697 § 4, 1994: Ord. 619 (part), 1986.)

1. The property owner shall be responsible for the on-going maintenance of all landscaping in a healthy and growing condition that is appropriate for the season of the year. Maintenance shall be conducted in all landscape areas, parking lots, driveways and aisles, hardscape, pavement and curb markings. Throughout the life of the project, maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features. Plants that die shall be replaced as directed by the community development director with new plant materials that conform to the approved landscape plan. For the first three years of maintenance of landscape areas for which a landscape plan has been approved, it shall be professionally maintained by a licensed contractor. At the discretion of the city tree and landscaping board, professional maintenance may be required for up to the first ten years of maintenance.
2. Enforcement of the implementation of approved landscape plans and of the above maintenance provisions shall be at the direction of the community development director. After inspection, if a violation of this section is determined to exist, written notice shall be given to the property owner. Notice shall include identification of the property location; the nature of the violation; the section(s) of the code upon which the violation is based; a description of actions required to address the violation; and time within which the work must be accomplished. Generally, the time allowed for work to bring the premises into compliance shall not be less than thirty days or more than ninety days from the date of the written notice.
3. Prior to the issuance of a certificate of occupancy, the landowner shall file a maintenance agreement and easement to enter and maintain, and a security guarantee in a manner like that outlined in Section 12.20.135 of this chapter to the approval of the city attorney. The agreement and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required installed site improvements, the city will be able to accomplish the required maintenance. The amount of the security throughout the maintenance period shall be one and one fourth times the licensed contractor's estimate of the cost to maintain the project.

(Ord. 767 § 2, 2004; Ord. 750 § 1, 2001.)

The city council shall have the right to review the conduct, acts and decisions of the planning commission pertaining to this chapter. Any person may appeal from the decision of the planning commission to the city council, which shall hear the matter and render a final decision. The appeal must be made in writing and received by the city clerk within ten days of the decision of the planning commission.

(Ord. 619 (part), 1986.)

Violations of this chapter are infractions.

(Ord. 619 (part), 1986.)

Federal, state and county governments as well as public utilities are exempted from the requirements delineated in this chapter; however, these agencies will be asked to cooperate with the city in assuring that the intent of this chapter is met as they go about their business within city limits.

(Ord. 619 (part), 1986.)