HomeMy WebLinkAbout94-06 Changes to Code Regarding Antennass
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ORDINANCE NO. 94-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REPEALING SECTIONS
13-313, 13-353 AND 13-353.5, AND ADDING SEC-
TIONS 13-857, 13-858, 13-859, 13-859.11 AND
13-859.2' TO THE COSTA MESA MUNICIPAL CODE
REGARDING ANTENNAS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa does
hereby find and declare as follows:
WHEREAS, the Federal Communications Commission ("FCC") has
adopted regulations which preempt local government satellite
antenna regulations unless the regulations have a reasonable and
clearly defined aesthetic, health or safety objective, and do not
impose unreasonable limitations on reception of satellite signals
or impose excessive costs on the users of the antennas; and
WHEREAS, satellite dish antennas differ from other antennas in
size, shape and weight, and these differences, when considered in
light of related FCC rules, make it impractical to treat satellite
dishes and other antennas in the same manner; and
WHEREAS, the regulation of satellite dishes and other
antennas, as provided in this ordinance, operates to preserve the
scenic quality of the City of Costa Mesa and to protect the safety
and welfare of persons living and working in Costa Mesa in that:
1. The land use policies in the General Plan and zoning
ordinances of the City of Costa Mesa seek to maintain and enhance
those qualities that make Costa Mesa a desirable place to live,
work or visit. The Land Use Element of the General Plan requires
the City to adopt zoning ordinances and other development standards
to ensure that the beauty and charm of existing residential
neighborhoods is maintained and that commercial and office projects
are aesthetically pleasing as well as compatible to surrounding
uses. This policy is implemented, in part, through the adoption of
ordinances, which, to the maximum extent permitted by law, regulate
or restrict the placement of satellite dish antennas, other
antennas and other visually obtrusive objects.
2. The charm and character of Costa Mesa is preserved, in
large measure, by ordinances, policies and regulations which, among
other things, restrict and regulate the height and location of
structures, related facilities or equipment and landscaping.
3. Satellite dishes and other antennas, due to their size,
shape, bulk, weight, and overall appearance, would, if unregulated,
reduce the aesthetics of residential and commercial areas within
the City of Costa Mesa. Satellite dishes and other antennas, due
to their size and bulk, are likely to block views of natural or
manmade features of interest to the public and owners of private
property. Satellite dishes and other antennas, if improperly
located, could reduce views of, and from, public streets and alleys
and create significant risks to motorists and pedestrians alike.
The size and bulk of satellite dishes and other antennas
significantly reduce open space, and their overall appearances give
the impression of even greater reductions in open space. The
appearance of satellite dishes and other antennas is, to a
considerable extent, inconsistent with the character and aesthetics
of many existing residential, commercial and recreational areas
within Costa Mesa. The proliferation of satellite dishes and other
antennas could significantly reduce the charm and beauty of those
areas, and result in substantial reductions in property value, and
reductions in income derived from the tourist and business
traveler.
4. The integrity of the residential and commercial areas of
the City of Costa Mesa contribute to high residential and commer-
cial property values. The failure to maintain, and enhance, the
integrity of the residential and commercial properties would result
in reduced property values, reduced revenues for those businesses
that serve the residents and visitors to Costa Mesa, and fewer jobs
for those who live, and those who want to work, in Costa Mesa.
5. Human exposure to radiofrequency (RF) radiation generated
by FCC regulated transmitters and facilities, if unregulated, is a
potential health hazard.
WHEREAS, the provisions of this ordinance represent an effort
to minimize the impact of the regulations on the right of individu-
als to receive satellite delivered or other types of signals and,
in the opinion of the City Council, constitute the least intrusive
means available to the City to mitigate the potential adverse
impacts on the safety and welfare of our residents and the quality
and aesthetics of the community; and
WHEREAS, the regulation of radio and other communication
antennas will also preserve the scenic quality of the City of Costa
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Mesa.and protect the health, safety and welfare of persons living
and working in Costa Mesa; and
WHEREAS, amateur radio operators are sources of public safety
benefits in disasters and emergencies, and have traditionally been
noncommercial and nonprofit entrepreneurs.
THEREFORE, the provisions of the Costa Mesa Municipal Code
relating to satellite dish antennas and other antennas are hereby
amended as follows.
FURTHERMORE, it is the intent of the City Council to waive the
filing fee for a Minor Conditional Use Permit pertaining to amateur
radio antennas.
FURTHERMORE, it is the intent of the City Council that this
ordinance be administered and interpreted such that it does not
constitute an unreasonable limitation on the reception of satellite
delivered signals or other types of signals or the transmission of
satellite signals and other communication signals, and that the
costs associated with processing applications for permits and
complying with conditions imposed by those permits are not
excessive in light of the cost of the purchase and installation of
the regulated equipment.
Section 2. Section 13-40 of the Costa Mesa Municipal Code is
hereby amended to add the following definitions:
Antenna shall mean any structure, including but not
limited to a monopole, tower, parabolic and/or disk
shaped device in single or multiple combinations of
either solid or mesh construction, intended for the
purposes of transmitting or receiving radio, television
or similar communication signals to or from another
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antenna, device or orbiting satellite, as well as all
supporting equipment necessary to install or mount the
antenna.
Antenna, Satellite Dish shall mean an antenna intended
for the purpose of transmitting or receiving
communication to or from an orbiting satellite.
Communication Antenna shall mean all types of receiving
and transmitting antennas, except amateur radio antennas.
Communication antenna includes, but is not limited to,
cable television antennas, cellular radiotelephone cell
antennas, radio and television broadcast antennas,
microwave telephone communication antennas, and shortwave
communication antennas and other similar antennas.
Section 3. The following definitions are hereby deleted from
Section 13-40 of the Costa Mesa Municipal Code:
Antenna, Vertical; Antenna, Satellite
Section 4. Section 13-313 of the Costa Mesa Municipal Code is
hereby repealed and reserved for future use.
Section 5. Section 13-353 of the Costa Mesa Municipal Code is
hereby repealed and reserved for future use.
Section 6. Section 13-353.5 of the Costa Mesa Municipal Code is
hereby repealed.
Section 7. Subsection (b) of Section 13-354.1 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
(b) Antennas requiring Minor Conditional Use Permits as
specified in Section 13-856.2.
Section 8. Subsection (c) of Section 13-534.1 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
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(c) Reserved.
Section 9. ARTICLE 1.5 is hereby added to Chapter XIII of Title
13 the Costa Mesa Municipal Code to read as follows:
ARTICLE 1.5. REGULATION OF ANTENNAS.
Sec. 13-856. Accessory and Conditional Uses, Permit
Requirements.
(a) The regulations of this Article shall apply satellite
dish, amateur radio and communication antennas in the
City. Satellite dish antennas, amateur radio antennas and
communication antennas are permitted as accessory uses or
conditional uses and subject to.development standards as
provided in this article.
(b) Exemption. Antennas meeting all of the following
criteria are exempt from the regulations of this article:
(1) The antenna and associated support structure are
supported primarily by attachment to a building.
(2) The antenna, including associated support
structure, does not weigh more than eighty (80)
pounds.
(3) The antenna, excluding associated support structure
does not exceed four and four tenths (4.4) square
feet in effective wind load.
(4) Attachment of the antenna and associated support
structure to a building does not require
modification or reinforcement of load bearing
elements of the building in order to support the
antenna and associated support structure at wind
speeds up to seventy (70) miles per hour.
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(5) The environmental radiofrequency (RF) radiation
generated by the antenna does not exceed ANSI/IEEE
standards, except as categorically excluded by the
Federal Communications Commission.
(c) General Provisions. The following regulations apply to
satellite dish antennas, amateur radio antennas, and
communication antennas in the City.
(1) Color. All antennas not screened either by solid
opaque wall(s), fence(s), vegetation, landscaping,
or other material(s) deemed acceptable by the
Planning Division, shall be finished in a color
deemed unobtrusive to the neighborhood in which it
is located, under the direction of the Planning
Division.
(2) Signs. No sign of any kind shall be posted or
displayed on any antenna.
(3) Radiofrequency (RF) Radiation. No transmitting
antenna or facility, except as categorically
excluded by the Federal Communication Commission,
shall exceed the radiofrequency (RF) radiation
limits established by the ANSI/IEEE for an
"uncontrolled environment". It shall be the
responsibility of the applicant to provide evidence
of compliance with applicable standards. When a
proposed FCC -regulated transmitting facility
exposes the public or workers to levels that. exceed
ANSI/IEEE RF radiation standards, the FCC -required
Environmental Evaluation must be submitted along
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with the application for Minor Conditional Use
Permit.
(4) Wiring Concealed. All electrical and antenna
wiring shall be encased in tubing or other devices
acceptable to the Planning Division and/or
concealed to the maximum extent feasible to
minimize visual impact.
Sec. 13-857. Satellite Dish Antennas.
(a) Permitted Accessory Uses.
(1) Satellite dish receiving antennas are permitted in
nonresidential zones on sites not contiguous to
residential zones provided they are not located in
the front setback and do not exceed allowable
building height..
(2) Satellite dish receiving antennas are permitted in
residential zones and in 'nonresidential zones on
sites that are contiguous to residential zones,
provided they comply with applicable requirements
of this Section.
(b) Minor Conditional Uses. The following satellite dish
antennas may not be installed without receiving approval
of a Minor Conditional Use Permit in accordance with
procedures set forth in Section 13-859.1(a).
(1) Satellite dish receiving antennas. in nonresidential
zones on sites not contiguous to residential zones
that do not meet applicable requirements of Section
13-857(c).
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(2) Satellite dish receiving antennas in residential
zones and in nonresidential zones on sites that are
contiguous to residential zones, that are not in
compliance with applicable requirements of Section
13-857(c).
(3) Transmitting satellite dish antennas in all zones
that are not in compliance with applicable
requirements of Section 13-857(c).
(4) Transmitting satellite dish antennas in all zones
provided they comply with applicable requirements
of Section 13-857(c).
(c) Satellite Dish Antenna Development Standards. In
addition to the requirements of Section 13-857(c), the
following development standardsshall apply to all
satellite dish antennas installed in the city. Building
permits shall be required prior to installation of any
satellite dish antennas unless otherwise specified
elsewhere in this article.
(1) Height. No part• of a ground or roof mounted
satellite dish antenna shall exceed fifteen (15)
feet in height as measured from the property's
grade to the highest point of the antenna.
(2) Location.
a. Ground mounted satellite dish antennas not
exceeding six feet in height. Satellite dish
antennas which do not exceed six (6) feet in
height shall maintain a minimum setback of
five (5) feet from rear and side property
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lines, may not be located in the front yard,
and shall be screened from view from off-site
by a solid, opaque wall, fence, vegetation,
landscaping, or other material deemed ac-
ceptable by the Planning Division.
b. Ground mounted satellite dish antennas
exceeding six feet in height. In residential
zones, satellite dish antennas which exceed
six (6) feet in height above grade shall
comply with setback requirements for accessory
structures.
C. Roof Mounted Antennas. Roof mounted satellite
dish antennas in residential zones shall be
located on the portion of the roof farthest
from any adjacent street, bluff, and/or park,
whichever location will result in the least
visual impact. In nonresidential zones
adjacent to residential zones, roof mounted
satellite dish antennas shall be placed on the
portion of the roof farthest away from the
residential zone(s), street, bluff and/or
park. Screening may be required to lessen the
visual impact on the residential zone(s),
under the direction of the Planning Division.
(3) Number. No more than one (1) satellite dish
antenna shall be permitted on a parcel zoned for
residential use or on a nonresidential parcel
contiguous to a residential zone. Legally
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subdivided residential units in small lot
subdivision projects, and units in Planned Unit
Development projects with individual lots, shall
each be allowed one satellite dish antenna unless
otherwise prohibited.
(4) Size. The diameter of a satellite dish antenna
shall not exceed ten (10) feet.
(5) Other Requirements.
a. Ground mounted satellite dish antennas shall
not reduce the area required for parking,
internal circulation, or other development
standard criteria required by the Costa Mesa
Municipal Code.
b. All satellite dish antennas shall be perma-
nently mounted and no antenna may be installed
on a portable or movable structure.
C. Satellite dish antennas in excess of six (6)
feet in height shall be of a mesh
construction.
(6) Nonconforming Satellite Dish Antennas.
a. Any satellite dish antenna in existence as of
the effective date of this ordinance for which
valid building permits have been issued, shall
be considered legal non -conforming, and may be
maintained, enlarged, expanded or changed in
accordance with the provisions of this
article.
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Sec. 13-858 Amateur Radio Antennas.
(a) Permitted Accessory Uses.
(1) Amateur radio antennas between 30 feet and 75 feet
in height in all zones, provided they comply with
applicable requirements of Section 13-859(c).
(2) Amateur radio antennas less than 30 feet in height
in all zones provided they comply with setback
requirements in Section 13-859.1(c).
(b) Minor Conditional Uses.
The following amateur radio antennas may not be installed
without receiving approval of a Minor Conditional Use
Permit in accordance with procedures set forth in Section
13-859..
(1) Amateur radio antennas other than those
described in Section 13-859(a).
(c) Amateur Radio Antenna Development Standards.
In addition to the requirements of Section 13-857 (c) , the
following development standards shall apply to all
amateur radio antennas installed in the city. Building
permits shall be required prior to installation of any
amateur radio antennas unless otherwise specified
elsewhere in this article.
(1) Height. No part of an amateur radio
antenna shall exceed seventy-five (75)
feet in height measured from the
property's grade to the highest point of
the antenna.
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(2) Location.
a. Ground mounted. No portion of any ground
mounted amateur radio antenna, including
the array, shall be located within any
front yard or required side yard. Ground
mounted amateur radio antenna support
structures may be located in a required
rear yard if placed as far forward as
possible from the rear property line.
When arrays and other projections are
attached to the antenna support
structure, a minimum setback of five (5)
feet shall be maintained between the
property line and the arrays or
projections.
b. Roof Mounted. Roof mounted amateur radio
antenna support structures shall be
located on the portion of the roof
farthest from any adjacent street, bluff,
and/or park, whichever location will
result in the least visual impact. In
nonresidential zones adjacent to
residential zone(s), roof mounted antenna
support structures shall be located on
the portion of the roof farthest from the
residential zone(s), . street, bluff,
and/or park. screening may be required
to lessen visual impacts on residential
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zone(s), under the direction of the
Planning Division.
(3) Number. No more than one (1) amateur radio
antenna support structure in excess of thirty (30)
feet in height, and one whip antenna in excess of
thirty (30) feet in height shall be permitted on a
parcel zoned for residential use or on a
nonresidential parcel contiguous to-a.residential
zone.
(4) Other Requirements.
a. Size of Attachments. The diameter of any dish -
shaped elements attached to an amateur radio
antenna shall not exceed two (2) feet. All
dish -shaped elements in excess of two (2) feet
in diameter, attached to an amateur radio
antenna, must comply with the development
standards for satellite dish antennas.
(5) Nonconforming Antennas.
a. Any amateur radio antenna that was in
existence as of September 7, 1989, may
continue as a nonconforming development and
need not comply with the development standards
contained in Section 13-858.3, but shall
comply with Section 13-859.1(a), provided that
a record of its size, location, height and any
other information deemed necessary by the
Development Services Director is on file with
the Planning Division. In order to secure any
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right under this section, the amateur radio
antenna owner must have established this
record by May 7, 1990. The amateur radio
antenna owner is responsible for providing the
necessary information to the city for
inclusion in the record of nonconforming
amateur radio antennas.
b. Replacement of an amateur radio antenna
support structure shall be subject to all
applicable regulations and issuance of
appropriate permits. However, the supported
antenna, including the array, may be replaced
without issuance of a new building permit,
provided the replacement antenna does not
exceed the maximum weight, dimensions or wind
load area specified in the current building
permit or record on file with the Planning
Division. Nonconforming amateur radio antennas
which have been registered with the City as of
May 7, 1990, may be enlarged, expanded or
relocated only if the enlargement, expansion
or relocation does not result in a greater
nonconformity with the development standards
specified in this article, or with ANSI/IEEE
regulations regarding environmental
radiofrequency (RF) radiation, except as
categorically excluded by the Federal Communi-
cations Commission. Nonconforming amateur
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radio antennas which have not been registered
with the City as of May 7, 1990, may be
enlarged, expanded, changed in use, increased
in power, or relocated provided that the
enlargement, expansion, change in use, or
increase in power, is in compliance with
ANSI/IEEE regulations regarding environmental
radiofrequency (RF) radiation, except as
categorically excluded by the Federal Communi-
cations Commission and the antenna complies
with applicable provisions of this ordinance.
Sec. 13-859 Communication Antennas.
(a) Permitted Accessory Uses. Receiving communication
antennas are permitted in all zones provided they comply
with applicable requirements of Section 13-859.1(c) and
provided further that transmitting communication antennas
are prohibited in residential zones.
(b) Minor Conditional Uses. The following communication
antennas may not be installed without receiving approval
of a Minor Conditional Use Permit in accordance with
procedures set forth in Section 13-859.1.
(1) Transmitting or receiving communication antennas in
all zones that are not in compliance with
applicable requirements of Section 13-859.1(c).
(c) Communication Antenna Development Standards. In addition
to the requirements in Section 13-857(c), the following
development standards shall apply to all communication
antennas installed in the city. Building permits shall be
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required prior to installation of any communication
antennas unless otherwise specified elsewhere in this
article.
(1) Height. No part of a communication antenna shall
exceed thirty (30) feet in height as measured from
the property's grade to the highest point of the
antenna.
(2) Location.
a. Ground Mounted.
No portion of any ground mounted communication
antenna, including the array or support
structure shall be located within any front
yard or required side yard. Ground mounted
communication antenna support structures may
be located in a required rear yard if placed
as far forward as possible from the rear
property line. When arrays and other
projections are attached to the communication
antenna, a minimum setback of five (5) feet
shall be maintained between the property lines
and the arrays or projections. In
nonresidential zones adjacent to residential
zones, a 15 -foot setback shall be provided for
communication antennas along the side(s)
adjacent to residential zones.
b. Roof Mounted.
Roof mounted communication antenna support
structures shall be located on the portion of
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the roof farthest from any adjacent street,
bluff, and/or park, whichever location will
result in the least visual impact. When the
roof mounted communication antenna is located
in a nonresidential- zone adjacent to a
residential zone, the antenna shall be located
on a portion of the . roof farthest _ from the
residential zone(s), street,, bluff and/or
park. Screening may be required to lessen the
visual impact of the antenna on residential
zone(s), under the direction of the Planning
Division.
(3) Nonconforming Antennas.
a. Any communication antenna in existence as of
the effective date of this ordinance for which
valid building permits have been issued, shall
be considered legal and may be maintained,
enlarged, expanded or changed in accordance
with the provisions of subsection (b) of this
section.
b. A nonconforming Communication antenna with
valid building permits may be enlarged,
expanded or relocated only if the enlargement,
expansion or relocation does not result in a
greater nonconformity with the development
standards specified in this article, and
provided the antenna complies with ANSI/IEEE
regulations regarding environmental
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radiofrequency (RF) radiation. A nonconforming
communication antenna with valid building
permits may be changed in use and/or power,
and/or converted to a transmitting antenna
provided that ANSI/IEEE regulations regarding
environmental radiofrequency (RF) radiation
are complied with in addition to compliance
with applicable requirements of this Article.
Sec. 13-859.1 Minor Conditional Use Permit.
(a) Antenna Uses. All requests for installation of antennas
not satisfying the criteria and development standards
identified in Sections 13-857, 13-858, and 13-859 and 13-
859.1, may be approved by Minor Conditional Use Permit
consistent with the requirements of this section.
(b) Requirements. An application for a Minor Conditional Use
Permit shall be made and processed in accordance with the
procedures set forth in Section 13-343 through 13-351,
including, with the following exception:
(1) The application fee shall not be applicable
for Minor Conditional Use Permit applications
for amateur radio antennas.
(2) Applications for a Minor Conditional Use
Permit where the proposed antenna(s) will not
conform with applicable development standards
shall include statements of the reasons why
strict conformance with the development
standards specified will:
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a. Unreasonably limit, or prevent, reception
or transmission of signals;
b. Result in excessive expense in light of
the cost of purchase, installation and
operation of the antenna(s).
(c) Findings. In addition to the findings specified in
Section 13-347 of this Code, the following findings shall
be made by the Zoning Administrator prior to approving a
Minor Conditional Use Permit:
(1) Strict conformance with the development
standards specified will unreasonably limit,
or prevent, reception or transmission of
signals, or result in excessive expense in
light of the cost of purchase, installation
and operation of the antenna.
(2) The deviation from applicable development
standards represents the minimum adjustment
necessary to prevent unreasonable limitations
on the reception or transmission of signals.
(d) Conditions. In approving a Minor Conditional Use Permit,
the Zoning Administrator may impose reasonable conditions
necessary to minimize the impact of the installation or
operation of the antenna(s) on the public or other
properties or improvements within the immediate vicinity
of the antenna(s), consistent with this Article.
Sec. 13-859.2 Compatibility of Regulations.
Notwithstanding the regulations contained in Sections 13-857,
13-858, 13-859, 13-859.1, and 13-859.2, the provisions of this code
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shall comply with the regulations of the Federal Communications
Commission, as may be amended, that apply to satellite, amateur
radio or communication antennas. A franchisee under the provisions
of Title 19 pertaining to cable television franchises shall comply
with the regulations in Sections 13-857, 13-858, and 13-859, 13-
859.1 and 13-859.2.
Section 10. Severability.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such holding or
holdings shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, sentence,
clause and phrase thereof, irrespective, of the fact that any one or
more sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 11. Publication.
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15 ) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary
of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, -the City Clerk shall cause to be
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published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this
ATTEST:
,2h4�-� -) - &-e��
Deputy 0
ity Clerk
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day of 1994.
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Acting City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa,�ereby certify that the
above and foregoing Ordinance No. 94- was introduced and
considered section by section at a rM�ob—
meeting of said City
Council held on the Al �-" day of It1994, and
thereafter passed and adopted as a whole at a regular meeting of
said Council held on the 4tL day of ¢ 1994 by
the following roll call vote:
AYES: COUNCIL MEMBERS: C-,CAI�S� 9L4rnpJAKY fI0RA)3.ucKLE ISuFFA� )
NOES: COUNCIL MEMBERS: C R, G le 50
ABSENT: COUNCIL MEMBERS: .,tJotiC
IN WITNESS WHEREOF, I have hereby s9t my hand and affixed the
Seal of the City of Costa Mesa this day of 1994.
_ City Cler and ex -officio Clerk
- of the Ci Council of the City
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