HomeMy WebLinkAbout10-21 Adopting Zoning Code Related to Perimeter Walls in Multiple-Family Residential ProjectsORDINANCE NO. 10-21
AN ORDINANCE OF THE CITY COUNCIL OF
COSTA MESA, CALIFORNIA ADOPTING ZONING
CODE AMENDMENT CO -10-05, AMENDING TITLE
13, CHAPTER V, DEVELOPMENT STANDARDS OF
THE COSTA MESA MUNICIPAL CODE RELATED
TO PERIMETER WALLS IN MULTIPLE -FAMILY
RESIDENTIAL PROJECTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: TITLE 13. Section 13-75(a) of Title 13 of the Costa Mesa Municipal Code is
hereby amended as follows:
"Sec. 13-75. FENCES AND WALLS
(a) In residential zones, including planned development, except R-1:
(1) All interior property lines of the master development lot shall have 6 -foot
high solid opaque walls or fences that conform to the City's Walls, Fences
and Landscaping Standards.
(2) , All exterior property lines of the master development lot shall have solid
masonry walls that conform to the City's Walls, Fences and Landscaping
Standards in respect to height and location as well as the following
standards. The final review authority shall approve the wall location, height,
masonry materials, and finish.
(i) Only one type of wall design with the appropriate mix of masonry
materials and finishes shall be permitted for the development lot.
(ii) Wall materials such as uncolored cinder block shall be treated with a
decorative finish that complements and enhances the project and
surrounding neighborhood.
(iii) Exceptions to the requirements stated in (2)(i) through (2)(ii) may be
approved by the final review authority. These exceptions may include,
but are not limited to, combination masonry walls with vinyl fencing,
stained/treated wood, wrought iron fencing, green wall, and green
sustainable composite materials.
(iv) The Development Services Director shall review and approve any future
additions to the exterior walls, after project completion, which shall be
constructed of materials which are either identical and/or compatible
with the original wall.
(b) In commercial zones, including planned development: All interior property lines
i
abutting residentially -zoned property shall have solid masonry walls, at least 6 feet
but no more than 8 feet in height, unless an environmental study requires
additional height.
(c) In industrial zones, including planned development: A solid masonry wall, at least
6 feet in height shall be constructed along all property lines which abut a residential
or commercial zone. The maximum wall height shall not exceed 8 feet, unless an
environmental study requires additional height.
(d) If a fence or wall is constructed adjacent to a public street, the fence or wall shall
be approved by the Planning Division in terms of its compatibility and harmony with
the proposed building and site development and buildings and site developments
existing or approved for the general neighborhood. For arterial streets that are
adjacent to residential developments, new arterial walls shall comply with the City's
Streetscape and Median Development Standards. No fence or wall located in any
street setback shall obscure the required street setback landscaping in the'
commercial and industrial zones.
(e) Fences and walls placed on interior property lines or between the property line and
the required setback line for main buildings shall conform to the City's Walls,
Fences and Landscaping Standards.
(f) Fences and walls located in proximity to street intersections or where a driveway
intersects a sidewalk shall conform to the City's Walls, Fences and Landscaping
Standards.
(g) The standards referred to in subsections (e) and (f) shall be adopted by resolution
of the City Council.
(h) It shall be unlawful to construct, install, maintain or allow to exist any barbed wire,
razor wire, concertina ribbon or similar item in any required setback abutting a
public right-of-way. In all other locations, barbed wire, razor wire, concertina ribbon
and similar items shall maintain a minimum vertical clearance of 6 feet 8 inches
I from grade.
(i) It shall be unlawful to install, maintain or allow to exist any electrified fence or any
glass, nails or similar items embedded in walls or fences at any location.
(j) Chain link fences. In all non-residential zones, chain link fencing is prohibited in
any required setback abutting a public right-of-way. In all residential zones, chain
link fencing is prohibited in any area visible from a public street or alley.
11) Chain link fence removal. A property owner of any residential or planned
development property that has an existing chain link fence visible from a
public street or alley, shall remove the chain link fence at such time the
property owner obtains a building permit, or cumulative building permits
over a consecutive twelve month period, for property improvements valued
at $30,000 or more. The chain link fence shall be completely removed prior
to the finalization of the last building permit(s) that exceeds the $30,000
valuation.
(k) Security gates, in all zones, are subject to review and approval by the Planning
Division in conjunction with the Fire Department and Transportation Division."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed
for compliance with the California Environmental Quality Act (CEQA), the CEQA
guidelines, and the City's environmental procedures, and has been found to be exempt
pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City
Council hereby finds that it can be seen with certainty that there is no possibility that the
passage of this ordinance amending the zoning code will have a significant effect on
the environment..
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of
such inconsistencies and or further, is hereby repealed or modified to the extent
necessary to affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the'
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented'
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: 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 published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names and member of the City Council voting for and
against the same.
PASSED AND ADOPTED this 4th day of January, 2011.
ATTEST:
APPROVED AS TO FORM:
Kimberly Ha Barlow, City Attorney