HomeMy WebLinkAboutORD 03-18 Urgency Ordinance Tree PreservationORDINANCE NO. 03-18
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE AMENDING
CHAPTER 12.32 OF THE ORANGE MUNICIPAL
CODE REGARDING TREE PRESERVATION.
WHEREAS, the City Council of the City of Orange has previously adopted a
comprehensive Ordinance pertaining to the preservation of trees within the City, as set forth in
Orange Municipal Code Chapter 12.32; and
WHEREAS, that Chapter established a procedure to preserve certain trees while allowing
for the removal of trees pursuant to a permit issued only when certain findings can be made; and
WHEREAS, the City Council never intended, and the Ordinance does not state, that the
Tree Preservation Ordinance would only apply to trees on the historic tree list; and
WHEREAS, the City Council wants to make clear its intention to preserve not only trees
on the Historic Tree list, but also those trees of historical value, not only in a Historic District but
also on public interest property, as those terms are more clearly defined by this urgency amendment
to the Code; and
WHEREAS, litigation has now been threatened which could allow for the destruction of
a tree that this City Council wishes to preserve, wherein said litigation is threatened due to a
claimed ambiguity in the Code; and
WHEREAS, the City Council does therefore determine, by a four -fifths vote, that this
Urgency Ordinance is necessary for the immediate preservation of the public health, safety and
welfare of the community. The City Council has previously determined that the public health,
safety and welfare of the surrounding environment of the citizens of Orange are best protected by
the utilization of an integrated tree preservation ordinance and the protection of mature trees,
pursuant to the purpose and intent findings contained in Section 12.32.010 as previously adopted
and amended herein. It is further determined that without clarification, as provided by the Urgency
Ordinance amendment, the number of mature trees may be decreased if this ordinance is not
passed, which may result in harm to the environment and the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
HEREBY ORDAINS AS FOLLOWS:
SECTION I
That the recitals contained herein are true and correct, and form the basis for the adoption
of this Urgency Ordinance.
SECTION II:
Section 12.32.010 of the Orange Municipal Code is amended to read:
Intent and Purpose.
A. The City of Orange, in order to prevent further destruction of its once vast number of majestic
trees and orchards and other mature trees, finds it necessary to place reasonable restrictions
on such acts of removal and destruction. The primary purpose of the subject provisions is to
regulate the removal and destruction of trees from undeveloped and public interest property
as those terms are defined in Sections 12.32.040 and 12.32.050. (Ords. 03 -18, 35 -73)
B. The primary concern of the City Council of the City is the regulation of large scale tree
removal from undeveloped property in that large parcels of undeveloped acreage are more
likely to have a vast number of trees, the removal of which is more likely to have an adverse
affect upon the surrounding environment. Past destruction of trees on such property has not
only interfered with the natural scenic beauty and tourism of the City, but also greatly
diminished the ecological value of such natural vegetation. It is a further concern that the city
may lose mature trees that have grown in stature and provide special interest in properties and
contribute to the overall streetscape and historic character of the City. (Ord. 03 -18)
C. Therefore, the City Council finds and determines that the public health, safety, and welfare
will be promoted by the preservation of trees for the following reasons:
1. Trees are an important source of oxygen which serves to dilute polluted air;
2. Trees collect dust and solids from the air which are washed to the ground by rainfall;
3. Trees are effective in reducing noise pollution by breaking up sound waves and reducing
their intensity;
4. Trees provide a sense of privacy;
Trees beautify the unsightly;
6. Trees help temper the land in extremes of weather;
7. Certain trees are of historical value as defined in Section 12.32.060.
8. Certain trees add to the public interest of certain properties improving and enhancing
property values, while adding a distinctive and unique character to the property.
9. Trees contribute to the overall streetscape, significantly enhancing the visual and
aesthetic character of the City. (Ord. 03 -18)
D. For the foregoing reasons and in accordance with the mandate of the State set forth in
Section 65560 of the Government Code requiring open space planning and Section 65302
requiring a noise element to be included in the General Plan, the City, in order to preserve and
protect the best interest of its citizens, does enact the ordinance."
Ordinance No. 03 -18 2
SECTION III
That section 12.32.050 of the Orange Municipal Code is amended to read:
Public Interest Property Defined.
Public interest property ", as referred to in this chapter, shall be any property, privately owned or
otherwise, whether developed or undeveloped, which has, because of the presence of certain trees
of historical value in such property, become property endowed with a public interest. Such
classification of public interest property is based upon a variety of factors, which may include, but
not be limited to, located in public view within a Historic District, located on properties that are of
historic interest, but not within an Historic District, the public interest to the City in property
containing trees of historical, unique, and aesthetic value, and historic trees as defined in Section
12.32.060 and those factors affecting the public interest more particularly set forth in Section
12.32.010."
SECTION IV
That section 12.32.060 of the Orange Municipal Code is amended to read:
Historical Trees Defined.
For the purposes of this chapter, "historical trees" are those which by virtue of their origin, size,
uniqueness and/or national or regional rarity are now or are likely to be of historical value. Trees
so classified may be, but are not limited to those on a master list compiled and maintained by the
Community Services Department and approved by resolution of the City Council. This master list,
may be revised by resolution at the discretion of the City Council subject to the above standards
for classification as historical."
SECTION V
This Ordinance is intended to immediately supersede existing provisions of the Orange
Municipal Code to the extent those existing provisions are inconsistent.
SECTION VI
Severability If any section, subdivision, paragraph, sentence, clause or phrase of this
Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Chapter. The City Council hereby declares that it would
have passed this Chapter, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
Ordinance No. 03 -18
SECTION VII:
This urgency ordinance shall take effect immediately in order to protect the public health,
safety and welfare.
SECTION VIII
A full text of this urgency ordinance shall be published once within fifteen (15) days after
this urgency ordinance is passed, in a newspaper of general circulation, published and circulated
in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a certified copy
of the full text of such adopted urgency ordinance along with the names of those City Council
members voting for and against the urgency ordinance in accordance with Government Code
36933.
SECTION IX
In the event the urgency finding of this ordinance should be successfully challenged,
additionally, a summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of
general circulation, published, and circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 13th day of February 2018.
esa E. Smith, Wayor, City of Orange
ATTEST:
Mary E. , City Clerk, Cit o range
Ordinance No. 03 -18 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Urgency Ordinance was introduced at the regular meeting of the City Council held
on the 13th day of February 2018, was duly passed and adopted by the following vote, to wit:
AYES:COUNCILMEMBERS:Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:Alvarez
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. , City Clerk, i Orange
Ordinance No. 03 -18