09.02 Second Reading ORD 04-18 Tree PreservationORDINANCE
SECOND READING
March 13, 2018
1. SUBJECT
Second Reading and adoption of an 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 introduction and First Reading of the above - entitled Ordinance was approved at a Regular
Council Meeting on February 13, 2018.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Whitaker, Smith, Murphy, Nichols
NOES: Alvarez
ABSENT: None
3. RECOMMENDATION
Adopt Ordinance No. 04 -18.
4. ATTACHMENTS
Ordinance No. 04 -18
ITEM 9.2 1 3/13/18
ORDINANCE 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)
CITY COUNCIL MINUTES MARCH 13, 2018
7. ADMINISTRATIVE REPORTS (Continued)
MOTION — Nichols
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11071.
8. REPORTS FROM CITY MANAGER
City Manager Otto reported that the Metrolink parking structure is 30% complete, and is
still on track to be completed in the Fall 2018.
He also reported that it was Human Resources Director Steve Pham's last Council meeting;
his last day with the City is March 22, 2018.
9. LEGAL AFFAIRS
9.1 Ordinance amending Section 17.08.040 of the Orange Municipal Code to Establish
Notification Requirements for Design Review Projects involving Construction of
Second Stories or Additional Units on Properties in Residential Zones within the
Boundaries of an Established Historic District. Ordinance No. 02 -18 (Second
Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange amending Section 17.08.040 of
the Orange Municipal Code to Establish Notification Requirements for Design Review
Projects involving Construction of Second Stories or Additional Units on Properties in
Residential Zones within the Boundaries of an Established Historic District.
MOTION — Smith
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 02 -18 be read by title only and same was approved and adopted
by the preceding vote.
9.2 Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree
preservation. Ordinance No. 04 -18 (Second Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the
Orange Municipal Code regarding tree preservation.
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 04 -18 be read by title only and same was approved and adopted
by the preceding vote.
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