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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