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HomeMy WebLinkAboutORD 04-18 Amending Chapter 12.32 Tree PreservationORDINANCE NO. 04-18 AN 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. 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 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; 5. 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." 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." Ordinance No. 04 -18 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 supersede existing provisions of the Orange Municipal Code to the extent those existing provisions are inconsistent. a0l 0 [WILTA F 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. SECTION VII: 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 March 2018. E 1 4 Teresa E. Smith, ayor, City of Orange Ordinance No. 04 -18 ATTEST: Mary E. M h , y Clerk, City o ange 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 Ordinance was introduced at the regular meeting of the City Council held on the 13th day of February 2018, and thereafter at the regular meeting of said City Council duly held on the 13th day of March 2018, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None ABSTAIN:COUNCILMEMBERS: None Mary E.City Clerk, . rty of e Ordinance No. 04 -18 4