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.
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