HomeMy WebLinkAbout2002-13 - 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.ORDINANCE NO. 2002-13
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, 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
required tree planting is impractical at the abutting parkway, the City shall plant
the 36 inch box tree at a location designated by the City.
SECTION 2: Section 13.09.020 of Chapter 13.09 is amended to read as
follows:
13.09.20 Costs
The property owner shall be responsible for all costs associated with the
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: 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 4: 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 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 9th day of July, 2002, and
adopted on the 23rd day of July, 2002, by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan,
Bromberg, Adams, Proctor, Mayor Ridgeway
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS
O'Neil Glover
MAYOR
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2002 -13 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
23rd day of July 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: O'Neil, Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of July 2002.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2002 -13 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 27, 2002.
In witness whereof, I have hereunto subscribed my name thissb� day of C
2002.
City Clerk
City of Newport Beach, California