Chapter 13.24 — TREES AND LANDSCAPING

This chapter shall be referred to as the Tree and Landscape Ordinance of Sutter Creek.

(Ord. 249 §1, 1990; Ord. 274 (part), 1993)

The purpose of the ordinance codified in this chapter is to provide a method for beautifying the city, to enhance air quality, and to do so in a water-efficient manner.

(Ord. 274 (part), 1993)

A.

Street Trees. "Street trees" are trees on land lying within the public right-of-way on either side of all streets, avenues, ways or alleys within the city.

B.

Park Trees. "Park trees" are trees in public parks and all areas owned by the city, or to which the public has free access.

C.

Heritage Trees. "Heritage trees" are any of the following:

A tree which is of historical significance, specifically designated by planning commission action, or has taken on an aura of historical appeal, and which is indigenous to this area or has adapted exceptionally well to area climatic conditions;

Any other tree which has a trunk with a diameter of sixteen inches or more, measured at forty-eight inches above natural grade.

D.

Irrigation. "Irrigation" means an automatically timed or manual system of pipes, valves, controllers, wiring and sprinkler heads that will provide adequate water to all trees and landscaping within a project site.

E.

Multifamily Residential. "Multifamily residential" means three or more dwelling units.

F.

Landscaping. "Landscaping" means any trees, shrubs, grasses, ground covers or flowers including perennials and bulbs, planted for the purpose of providing scenic beauty, buffer areas or other similar purposes.

(Ord. 249 §2, 1990; Ord. 274 (part), 1993)

Editor's note— Ord. 326 §1, adopted April 21, 2008, repealed §13.24.030, which pertained to enforcement and derived from Ord. 249 §3, adopted 1990; Ord. 274 (part), adopted 1993.

Tree and landscape species to be planted shall be selected from the most current lists of drought-tolerant landscape trees and plants for Amador County as maintained by the Amador County Master Gardeners. Emphasis shall be placed on drought-tolerant native trees and plants.

(Ord. 249 §4, 1990; Ord. 274 (part), 1993)

No street tree shall be planted within two feet of any curb, curbline or sidewalk unless deep watered or deep root control barrier is used. All new street tree plantings shall not obstruct sight distance at intersections.

(Ord. 249 §5, 1990; Ord. 274 (part), 1993)

A.

The city may plant, prune, maintain and remove trees within the public rights-of-way on either side of streets, alleys, avenues, lanes, public walkways, public parks, public squares and public grounds within the city as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

B.

The city may 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 such trees is in accordance with this chapter.

(Ord. 249 §6, 1990; Ord. 274 (part), 1993)

It is unlawful 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 storm 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.

(Ord. 249 §7, 1990; Ord. 274 (part), 1993)

Every owner of any tree or landscaping overhanging any street within the city shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection, public walkway or public park. The 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 landscaping on private property when it interferes with the proper sight distance or with the proper spread of light along the street from a street light or interferes with visibility of any traffic-control device or sign. In the event of failure of owners to comply with such provisions, the city may remove such trees or landscaping and charge the cost of removal to the owners.

(Ord. 249 §8, 1990; Ord. 274 (part), 1993)

The city may remove any dead or diseased trees or other vegetation on private property when such tree or vegetation constitutes a hazard to life or property. The city shall provide the property owner with reasonable written notice and the opportunity to remove the tree or vegetation at his or her own expense. If the owner fails or refuses to act following notice the city may cause the removal to be accomplished, bill the owner for the reasonable costs thereof, and impose a lien on the property to insure collection.

(Ord. 249 §9, 1990; Ord. 326 §2, 2008; Ord. 274 (part), 1993)

Removal from an undeveloped parcel of any tree having a minimum trunk diameter of six inches measured forty-eight inches above the adjacent ground level is prohibited unless a tree removal permit is first obtained from the city.

(Ord. 249 §10, 1990; Ord. 274 (part), 1993; Ord. 326 §3, 2008)

A.

All subdivision and planned development plans filed for tentative approval shall include a tree and landscaping plan to be prepared by a qualified landscape person. The plan shall indicate all existing trees to remain, plus all proposed street trees and landscaping to be installed within common areas after the construction of improvements to the property. Plans shall provide a method of protection during

construction of all trees to remain subject to approval of the planning commission and shall include a plan of the undeveloped or predeveloped parcels which clearly indicates all trees to be removed.

B.

Subdivision and planned development plans shall show a minimum of one street tree per lot. Owner is required to install street trees of type and size per plans prior to issuance of notice of completion.

C.

Once a tree and landscaping plan has been approved, no changes shall be permitted in the approved plan without prior review of the planning commission. Developer will be required to install a water-efficient irrigation system to all landscaped common areas within the subdivision or planned development.

(Ord. 249 §11, 1990; Ord. 274 (part), 1993)

residential construction.

A.

All commercial, industrial, parking lot and multifamily residential construction plans shall include tree and landscaping and irrigation plans to be prepared by a qualified landscape person. In addition to indicating all proposed trees and landscaping to be planted after the improvements are constructed, a plan of the undeveloped or predeveloped parcels will be submitted. This plan shall clearly indicate all existing trees on the property and provide a method of protection for all trees to be retained. The planning commission shall review the plan. Once the entire plan has been approved by the commission, the approved plan shall constitute a permit to remove any trees so designated.

B.

For every tree removed with trunk diameter greater or equal to six inches measured at forty-eight inches above ground, three trees shall be replaced (minimum fifteen gallon, trunk caliper not less than one inch) in public easements and rights-of-way. An approved water-efficient irrigation system will be required to ensure their survival for the first four years. The city requires the use of a water-conserving system design and materials and the use of a drip irrigation system where appropriate pursuant to Article 10.8 of Chapter 3 of Division 1 of Title 7 of the California Government Code. Changes in the trees or landscaping to be removed as designated on any plan as filed and approved shall only be permitted upon approval of the planning commission. Any tree or landscaping that does not survive or is determined to be diseased within the first four years shall be replaced at the expense of the developer/owner. Every parking lot shall have one tree (minimum trunk caliper not less than one inch) planted for every three parking spaces and shall include adequate landscaped curb planting areas and a water-efficient irrigation system to ensure survival of the trees and landscaping for the first four years. A tree with six-inch minimum trunk diameter measured at forty-eight inches above ground not removed equals three trees credit (parking lots only).

(Ord. 249 §12, 1990; Ord. 274 (part), 1993)

No building permits, site plans, use permits or grading permits for any type of improvements will be issued unless a tree and landscaping plan has been approved by the planning commission. Single-family residential and two-family residential lots are exempt from the provisions of this chapter.

(Ord. 249 §13, 1990; Ord. 274 (part), 1993)

A.

The city council shall have the right to review the conduct, acts and decisions of the planning commission pertaining to this chapter.

B.

Any person may appeal 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 be received by the city clerk within ten days of written notification by registered letter of the decision of the planning commission.

(Ord. 249 §14, 1990; Ord. 274 (part), 1993)

A.

When it is determined by the planning commission that compliance with these regulations would create an unreasonable hardship, relief may be granted from these provisions that cause the hardship. Determination of unreasonable hardship shall be based upon an overall evaluation of the following factors:

The cost of landscaping;

The cost of the construction of the project;

The nature of the landscaping that would be gained or lost;

Physical site constraints;

Legal restrictions.

B.

The planning commission will devise a remedy when a hardship has been determined.

(Ord. 249 §16, 1990; Ord. 274 (part), 1993)

Federal, state, county governments and public utilities 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 the city limits.

(Ord. 249 §17, 1990; Ord. 274 (part), 1993)

Any person violating any provision of this chapter shall be for each violation, guilty of a misdemeanor punishable by a fine of up to five hundred dollars and six months in county jail. Provided, however, that any such violation may be charged as an infraction in the prosecutorial discretion of the city or district attorney with a fine not to exceed two hundred fifty dollars. This chapter may also be enforced using any and all other remedies available in law or equity.

Additionally, and without limitation, the city manager or his designee may order a halt to any development or activity subject to this chapter until the violation is corrected or appropriate remedial actions implemented. The city manager or his designee may also convene an administrative hearing, after reasonable written notice to the alleged violator, to determine if a violation has occurred. If it is determined that a violation has occurred an administrative penalty shall be imposed which requires replacement on site of any tree cut or damaged with a tree of equal size and maturity as well as guarantees of future care and maintenance of the replaced tree(s) or payment of an equivalent cash amount to the city for offsite tree planting replacement and care.

(Ord. 249 §15, 1990; Ord. 274 (part), 1993; Ord. 326 §4, 2008)