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HomeMy WebLinkAboutOrdinance 4023 amending Huntington Beach Municipal Code Chap (2)Dept. ID CA 14-003 Page 1 of 1 Meeting Date: 4/21/2014 P �rOk l� 7/Wd.QV0 J CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Approve for Introduction Ordinance No. 4023 amending Huntington Beach Municipal Code Chapter 13.50 relating to regulation of trees Statement of Issue: Huntington Beach Municipal Code Section 13.50.180 and Zoning Code Section 233.08 are inconsistent as it relates to signage in the public right-of-way. Financial Impact: N/A Recommended Action: Approve for Introduction Ordinance No. 4023, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.50 Relating to Regulation of Trees." Alternative Action(s): Do not approve for Introduction Ordinance No. 4023 relating to regulation of trees. Analysis: Current sign regulations permit signage attached to trees in the public right-of-way. However, there are contrary regulations in the Municipal Code that prohibit attaching signage by rope to trees in the public right-of-way. The proposed amendment is intended to codify existing practice and establish consistency with the sign code, but preserve the ability for the Director of Public Works to determine if a sign should be removed based on damage or public safety risks. Environmental Status: N/A Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Ordinance No. 4023, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.50 Relating to Regulation of Trees," including Legislative Draft. Item 11. - 1 I I --260- ORDINANCE NO. 4023 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 13.50 RELATING TO REGULATION OF TREES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.50.180 of the Huntington Beach Municipal Code is hereby amended to read as follows: No person shall cut down, pull up, burn, destroy or remove any tree, plant or shrub in any street or public place. No person shall trim, skin, deface or remove the outer trunk surface or bark of any tree, plant or shrub located in any street or public place to such extent or in such manner as to deface, injure, destroy or endanger the life of any tree, plant or shrub. No person shall attach any wire, nail, advertising material or any other foreign object to any tree, plant or shrub, or allow any gaseous liquid or solid substance to come into contact therewith, which gaseous liquid or other substance is harmful to such tree, plant or shrub. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5t:h day of May , 2014. I� :__'_'s• D_D APPROVED AS TO FORM: 1�71 C ty Attorney INITIATED AND APPR VED: Director of If4lic Works 144206107997.doc Ord. No. 4023 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH 1 I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on April 21, 2014, and was again read to said City Council at a Regular meeting thereof held on May 5, 2014, and was passed and adopted by the affirmative vote. of at least a majority of all the members of said City Council. AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None I, Joan L. Flynn, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on May 15, 2014. In accordance with the City Charter of said City Joan L. Flynn City Clerk Senior Deputy City Clerk LEGISLATIVE DRAFT 13.50.180 Defacing Prohibited No person shall cut down, pull up, burn, destroy, or remove any tree, plant or shrub in any street or public place. No person shall trim, skin, deface or remove the outer trunk surface or bark of any tree, plant or shrub located in any street or public place to such extent or in such manner as to deface, injure, destroy or endanger the life of any such tree, plant or shrub. No person shall attach any fope, wire, nail, advertising material or any other foreign object to any tree, plant or shrub, or allow any gaseous liquid or solid substance to come into contact therewith, which gaseous liquid or other substance is harmful to such tree, plant or shrub. (3518-12/01)