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09.02 Urgency Ord Amending Tree Preservation1. SUBJECT Ordinance 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. 2. SUMMARY The proposed ordinance would affirm the City Council's desires and intentions regarding tree preservation within the city. 3. RECOMMENDATION /ACTION Adopt Ordinance No. 03 -18 and the findings of urgency. 4. FISCAL IMPACT None anticipated. 5. STRATEGIC PLAN GOAL (S 1. Provide for a safe community d) Assure the development of the City occurs in a fashion that maximizes public safety. 2. Enhance and promote quality of life in the community Strategy: a) Support and enhance attractive, diverse living environments. 6. DISCUSSION and BACKGROUND In 1973, the City adopted a comprehensive ordinance, codified in Orange Municipal Code Chapter 12.32, pertaining to the preservation of trees within the City. This 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. 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. At two recent hearings seeking permits for the removal of certain trees, the City Council made clear that it interpreted this Chapter intended to preserve not only trees on the Historic Tree list, but also those trees of historical value, in a Historic District and also on public interest property. This urgency ordinance more clearly defines these terms. 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. The City Council is asked to 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. This is requested as 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 now amended. 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. 8. ATTACHMENTS • Ordinance No. 03 -18 Urgency • Chapter 12.32 redline ITEM 2 02/13/18 ORDINANCE 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. CITY COUNCIL MINUTES FEBRUARY 13, 2018 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 Resolution Denying tree appeal, which upholds the decision of the City Manager to deny a permit to allow the removal of a Canary Island Pine Tree located at 400 E. Chapman Ave. Resolution No. 11062. (A4000.0) A Resolution of the City Council of the City of Orange denying tree appeal, which upholds the decision of the City Manager to deny a permit to allow the removal of a Canary Island Pine Tree located at 400 E. Chapman Ave. Appellant: William Warne. Public Speaker: Paula Meyer, attorney for William Warne — spoke in opposition of approving the Resolution. Councilmember Alvarez stated he would be voting no to be consistent with his vote at the January meeting. MOTION — Murphy SECOND — Whitaker AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to approve Resolution No. 11062. 9.2 Urgency Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Ordinance No. 03 -18. (A2500.0) An Urgency Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Senior Assistant City Attorney Gary Sheatz noted that revised ordinances were included in the Hot File packet distributed to Council for Ordinance No. 03 -18 and Ordinance No. 04- 18. The revised ordinances include the City's finding that the ordinance amendment is categorically exempt from CEQA and no further environmental analysis is required. Public Speaker: Paula Meyer, attorney for William Warne — spoke in opposition of adopting the Ordinance and does not think that the requirements for CEQA have been met. MOTION — Whitaker SECOND — Smith AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to adopt revised Ordinance No. 03 -18 and the findings of urgency. PAGE 10