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Home My WebLink About03 - Amendments to NBMC re Parkway Trees,� PEW �Rr � 6� u � a �<IFO M1N`P TO: FROM: NO ed Mayor and City Council General Services Director City Council Agenda Item No. 3 July 23, 2002 SUBJECT: Proposed Amendment to Sections 13.09.010,13.09.020, and 13.09.40 of the Newport Beach Municipal Code (Parkway Trees) Recommendation: Adopt the Ordinance No. 2002 -13 amending Sections 13.09.010, 13.09.020, and 13.09.040 of the Municipal Code. Background: Increased property development beginning in the early 1990's has significantly impacted the City urban forest. Specifically, it is common for both commercial and residential improvements to increase the living or working space of the property by more than 50% of the existing structure. Consequently, the new, larger structures often dwarf the existing parkway trees, leaving large voids in the treescapes of City streets. Each City street has a designated parkway tree. This list is intended to maintain uniformity of treescapes throughout the City. The City Council approved major revisions to the Street Tree Designation list in May 2000. Section 13.09.010 of the Municipal Code currently requires parkway trees to be planted whenever the floor area of an existing structure is increased by more than 50 %; however, the ordinance does not specify a minimum tree size to be planted nor clearly identify the City's authority to require a certain tree species. Property owner compliance with the parkway tree requirements has been coordinated between the Planning, Public Works, and General Services Departments during the building and private encroachment permits process. In order to improve the level of compliance, and to reduce any confusion, the City recently made modifications to the plan check process to ensure that property owners are informed in advance of their parkway tree obligations (number, size, location) before their final development plans are approved. In conjunction with the City plan check modifications, the General Services Department is recommending amendments to the Municipal Code that will clarify and define the City parkway tree requirements. The proposed ordinance will codify the City's authority to require certain tree species as required by the Street Tree Designation List, and a minimum 36" box sized tree. Council directed one amendment (deletion of the word "parkway") to the proposed amendment to Section 13.09.020 Costs. That change has been incorporated in the attached ordinance proposal. Changes to Council Policy G -6 (Maintenance and Planting of Parkway Trees) associated with the proposed ordinance are the subject of a separate Council agenda item. Discussion: Staff has utilized Chapter 13.09 of the Municipal Code to require property owners to plant 36- inch box -sized trees, based on City reforestation requirements contained in City Council Policy G -1, Retention or Removal of City Trees. On occasion, these requirements have been challenged on the basis that the Municipal Code is ambiguous with respect to the City's authority to require a particular species or a minimum tree size. These challenges are not uncommon given that certain 36 -inch box species add a significant cost to building projects. For example, the cost of one 36 -inch box tree varies from $700 to $1,000 according to species. Staff agrees that the current language in Chapter 13.09 should be amended to more clearly state the City's authority to determine species and size requirements. Staff also proposes to remove existing language allowing the provisions for parkway tree requirements to be waived, as well as the provision allowing for tree planting costs to be shared between the City and property owner. The proposed ordinance will: 1. Amend Section 13.09.010, Parkway Trees Required • Require a minimum 36 -inch box -sized tree. • Delete the reference to Title 19. • Include a reference to the City Street Tree Designation List. 2. Delete Section 13.09.020, Costs • Replace the wording in this Section, which makes reference to planting costs being shared between the City and the property owner. • New wording requires the property owner to take responsibility for all associated tree costs. 3. Delete Section 13.09.040, Waiver Procedure • Delete this Section in its entirety, which allows property owners to obtain a waiver from all or part of the requirements of Section 13.09.010, Parkway Trees Required. • This section has been replaced by new language in Section 13.09.010 that provides for the City to plant the required tree at another location if the City determines that planting at the development site is impractical. It is anticipated that the proposed amendments will clarify the responsibilities of property owners with respect to parkway tree requirements, increase the number of quality parkway trees, and ensure a clearer understanding of City tree policies. Very respectfully, David E. Niederhaus Attachment: Proposed Ordinance No. 2002 - amending Sections 13.09.10, 13.09.020, and 13.09.40 of the Municipal Code IAUSHMGSNMLindcman\ M \july02 ff rcp" \Cp cil- PMayTr Parrs2ju102.dm ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 13.09.010, 13.09.020, AND 13.09.040 OF CHAPTER 13.09, TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO PARKWAY TREES. The City Council of the City of Newport Beach does hereby ordain, as follows: SECTION 1: Section 13.09.010 of Chapter 13.09 is amended to read as follows: 13.09.010 Parkway Trees Required Any person who constructs a new building, eF who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size, shall be responsible for planting trees in the parkway abutting the building site in accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty -six inch (36 ") box of the type variety and /or species determined by the City in accordance with the City Street Tree Designation List If the City determines that because of the location, terrain or condition of the property the Me 3ti inch box tree at a location designated by the City she" geveffi tree planting in the newsubdivisiens. SECTION 2: Section 13.09.020 of Chapter 13.09 is amended to read as follows: 13.09.020 Costs purchase and planting of the tree(s) as required by this chapter. 13.09.030 Maintenance It shall be the responsibility of the abutting property owner to water and fertilize the parkway trees adjacent to his property. The City shall be responsible for pruning and spraying parkway trees. SECTION 3: Section 13.09.040 of Chapter 13.09 is amended to read as follows: 13.09.040 SECTION 4 : If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2002, _ and adopted on the _ day of , 2002, _ by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS u_ •C ATTEST: CITY CLERK F:\users\cat\shared\cp\Ordinance\ParkwayTrees.doc - -- ... . hIMS1112 - - SECTION 4 : If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2002, _ and adopted on the _ day of , 2002, _ by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS u_ •C ATTEST: CITY CLERK F:\users\cat\shared\cp\Ordinance\ParkwayTrees.doc �.+EWPpa o 0 ,=Iai City Council Agenda Item No. 3 July 9, 2002 TO: Mayor and City Council 3 7I21�/p2- FROM: General Services Director 1 SUBJECT: Proposed Amendment to Sections 13.09.010, 13.09.020, and 13.09.40 of the Newport Beach Municipal Code (Parkway Trees) Recommendation: Introduce the attached Ordinance No. 2002 - amending Sections 13.09.010, 13.09.020, and 13.09.040 of the Municipal Code for a first reading. It is recommended that the Council adopt the Ordinance at its subsequent meeting on July 23, 2002. Background: Increased property development beginning in the early 1990's has significantly impacted the City urban forest. Specifically, it is common for both commercial and residential improvements to increase the living or working space of the property by more than 50% of the existing structure. Consequently, the new, larger structures often dwarf the existing parkway trees, leaving large voids in the treescapes of City streets. Each City street has a designated parkway tree. This list is intended to maintain uniformity of treescapes throughout the City. The City Council approved major revisions to the Street Tree Designation list in May 2000. Section 13.09.010 of the Municipal Code currently requires parkway trees to be planted whenever the floor area of an existing structure is increased by more than 50 %; however, the ordinance does not specify a minimum tree size to be planted nor clearly identify the City's authority to require a certain tree species. Property owner compliance with the parkway tree requirements has been coordinated between the Planning, Public Works, and General Services Departments during the building and private encroachment permits process. In order to improve the level of compliance, and to reduce any confusion, the City recently made modifications to the plan check process to ensure that property owners are informed in advance of their parkway tree obligations (number, size, location) before their final development plans are approved. In conjunction with the City plan check modifications, the General Services Department is recommending amendments to the Municipal Code that will clarify and define the City parkway tree requirements. The proposed ordinance will codify the City's authority to require certain tree species as required by the Street Tree Designation List, and a minimum 36" box sized tree. Discussion: 1 Staff has utilized Chapter 13.09 of the Municipal Code to require property owners to plant 36- inch box -sized trees, based on City reforestation requirements contained in City Council Policy G -1, Retention or Removal of City Trees. On occasion, these requirements have been challenged on the basis that the Municipal Code is ambiguous with respect to the City's authority to require a particular species or a minimum tree size. These challenges are not uncommon given that certain 36 -inch box species add a significant cost to building projects. For example, the cost of one 36 -inch box tree varies from $700 to $1,000 according to species. Staff agrees that the current language in Chapter 13.09 should be amended to more clearly state the City's authority to determine species and size requirements. Staff also proposes to remove existing language allowing the provisions for parkway tree requirements to be waived, as well as the provision allowing for tree planting costs to be shared between the City and property owner. The proposed ordinance will: 1. Amend Section 13.09.010, Parkway Trees Required • Require a minimum 36 -inch box -sized tree. • Delete the reference to Title 19. • Include a reference to the City Street Tree Designation List. 2. Delete Section 13.09.020, Costs • Replace the wording in this Section, which makes reference to planting costs being shared between the City and the property owner. • New wording requires the property owner to take responsibility for all associated tree costs. 3. Delete Section 13.09.040, Waiver Procedure • Delete this Section in its entirety, which allows property owners to obtain a waiver from all or part of the requirements of Section 13.09.010, Parkway Trees Required. • This section has been replaced by new language in Section 13.09.010 that provides for the City to plant the required tree at another location if the City determines that planting at the development site is impractical. It is anticipated that the proposed amendments will clarify the responsibilities of property owners with respect to parkway tree requirements, increase the number of quality parkway trees, and ensure a clearer understanding of City tree policies. Very respectfully, David E. Niederhaus Attachment: Proposed Ordinance No. 2002 - amending Sections 13.09.10, 13.09.020, and 13.09.40 of the Municipal Code MU SERSZSVWLindcman12002yuly02�Wff rop"Tmrcil -P4 ayTc Pmks2jujM.A ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 13.09.010, 13.09.020, AND 13.09.040 OF CHAPTER 13.09, TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO PARKWAY TREES. The City Council of the City of Newport Beach does hereby ordain, as follows: SECTION 1: Section 13.09.010 of Chapter 13.09 is amended to read as follows: 13.09.010 Parkway Trees Required Any person who constructs a new building, eF who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size, shall be responsible for planting trees in the parkway abutting the building site in accordance with Citv rules, requlations and policies. The Parkway tree shall be by the City in accordance with the City Street Tree Designation List. If the City determines that because of the location terrain or condition of the property the the 36 inch box tree at a location designated by the City. 1 shall gevern tree planting in the newsubdivisiens. SECTION 2: Section 13.09.020 of Chapter 13.09 is amended to read as follows: 13.09.020 Costs the The Property owner shall be responsible for all costs associated with the purchase and planting of the parkway trees as required by this chapter. 13.09.030 Maintenance It shall be the responsibility of the abutting property owner to water and fertilize the parkway trees adjacent to his property. The City shall be responsible for pruning and spraying parkway trees. SECTION 3: Section 13.09.040 of Chapter 13.09 is amended to read as follows: 13.09.040 SECTION 4 : If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2002, _ and adopted on the _ day of , 2002_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\ users\ cat\ shared \op\Ordinance \ParkwayTrees.doc