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Ordinance No. 8710E1 ORDINANCE NO. 871 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING ACCEPTABLE CITY PARKWAY TREES THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, does hereby ordain as follows: SECTION 1. Chapter 24 of the Code of the City of Cypress is hereby amended by adding a new Article V, Sections 24 -51 to 24 -55, thereto to read as follows: "ARTICLE V. CYPRESS PARKWAY TREES Sec. 24 -51. Findings and Determinations. A. The planting and removal of parkway trees has been a matter of considerable deliberation in the City of Cypress. B. Planting of nonconforming trees in parkways by adjacent property owners has led to mature trees being too large for the parkway and eventually leading to removal of those trees. C. Removal of mature trees, which are too large for parkways, results in unattractive areas in the City and requires planting of young trees that are susceptible to vandalism and disease. D. In response to concerns by residents regarding removal of trees and damage caused by their growth, the City of Cypress has established an official parkway tree list from which trees can be selected. Sec. 24 -52. Purpose. A. In recognition of these findings and determinations, the City of Cypress does hereby adopt an official Parkway Tree List for the following purpose: 1. To designate tree species that are suitable for planting in City parkways and to specify where they may be planted. In addition, this list will provide for planting of conditionally approved trees where special circumstances warrant their use. Sec. 24 -53. Goal. A. GOAL: To effectively promote tree species that are permitted in City parkways and provide guidance as to where these trees may be planted. Sec. 24 -54. Official Parkway Trees. The City of Cypress does hereby establish the following as the official parkway tree list. A. The following tree species may be planted in tree wells and narrow parkways that are less than 3 feet, 4 inches in width: 1. Brachychiton Populneus (Bottle Tree) 2. Ficus nitida (Indian Laurel) 3. Lagerstroemia indica (Crepe Myrtle) 4. Ligutrum japonicum (Japanese Privot) 5. Cinnamomum camphora (Camphor) 6. Podocarpus gracilior (Fern Pine) 7. Pyrus Calleryana (Bradford Pear) 8. Melaleuca quinquenervia (Cajeput Tree) 06 B. Tree species that may be planted behind the Sidewalk and all other parkways include the following: 1. Any tree species listed in Sec. 24 -54 A. 2. Tristania conferta (Brisbane Box) 3. Plantanus Acerifolia (London Plane) C. The following are conditionally approved tree species where special circumstances warrant their use: 1. Eucalyptus (all varieties) 2. Cupressus sempervirens (Italian Cypress) 3. Pyrus Kawakami (Evergreen Pear) 4. Trachycarpus fortunei (Windmill Palm) 5. Cinnamomum camphora (Camphor) Sec. 24 -55. Exemptions. Any exemptions to those tree species listed may only be granted by the Director of Public Works /City Engineer. SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 3. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice thereof by causing copies of this ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of the City of Cypress held on the 24th day of June , 1991, and finally adopted and ordered posted at a regular meeting of said Council held on the 8th day of July , 1991. MAYOR OF THE CITY OF CYPRESS ATTEST: !" CITY CL RK F THE /CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the gth day of July , 1991, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin NOES: 0 COUNCIL MEMBERS: None and Bowman ABSENT: 0 COUNCIL MEMBERS: None CITi CLER OF/= CITY OF CYPRESS