HomeMy WebLinkAbout02-02 Use of Canopies in Non-Residential and Residential ZonesORDINANCE NO. 02-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 20 OF THE
COSTA MESA MUNICIPAL CODE REGARDING THE USE OF
CANOPIES IN NON-RESIDENTIAL AND RESIDENTIAL ZONES.
WHEREAS, the City of Costa Mesa has seen an increase in complaints
regarding the restrictions on the use of portable and fixed canopies in both
residential and non -residentially zoned areas; and
WHEREAS, it has been determined that a limited use of canopies serves a
reasonable use and that such use would not cause a visual blight in the City so long
as such canopies are properly maintained; and
WHEREAS, the City Council of the City of Costa Mesa has determined that
the limited use of canopies serves the greater health, safety, and concern of the
citizens of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 20-7(d) of Article 2, Title 20 of the Costa Mesa
Municipal Code is hereby deleted and reserved for future use.
Section 2. A New Article 4.5 of Title 20 of the Costa Mesa Municipal Code
is hereby adopted to read as follows:
"ARTICLE 4.5 CANOPIES
Section 20-11.5 Use of canopies. The use of canopies is limited to commercial
zones or uses specified herein below. A conditional use permit is required for any
use not designated in this section. For the purposes of this provision, a canopy is
defined as a canvas covering or other durable fabric such as denim or polyvinyl, that
is designed for use or custom fitted over a metal frame or a frame constructed from
some other sturdy material and used for protection, shade, or shelter from the
elements and open on at least one side.
(a) Non -Residential Properties:
(1) Car Washes and Motor Vehicle Detailing Businesses. — A maximum
of one canopy is allowed on the same premises and in conjunction
with a legally established car wash or motor vehicle detailing
business provided it complies with all of the following standards:
a. The canopy shall not exceed 25 feet by 50 feet in dimension
and 15 feet in height.
b. The canopy shall not be located in any required street or
landscape setback area or interfere with the parking lot access
and/or vehicular circulation.
c. The canopy shall cover no more than five standard size parking
spaces, as defined in Title 13 of this code.
d. No signage, decals, logos or advertising of any nature.shall be
allowed on the canopy.
e. The frame of the canopy shall be safely -secured to the ground
in accordance with the manufacturer's installation instructions.
f. No electrical wiring and/or lighting, whether permanent or
portable, shall be attached to the canopy.
g. The area under the canopy shall only be used for motor vehicle
detailing and the temporary parking of operative motor vehicles
for services associated with either the car wash or detailing.
business.
h. The canopy shall be maintained in good condition, and shall be
removed, cleaned, or replaced if torn, faded, or dirty.
L Canopies covering an area of 400 square feet or larger require
issuance of a fire permit.
(2) New and/or Used Motor Vehicle Dealerships. — A maximum of two
canopies are allowed in conjunction with a legally established new
and/or used motor vehicle dealership, provided the canopy(s) comply
with all of the following standards:
a. The canopy(s) shall not exceed 50 feet by 100 feet in
dimension, with an aggregate total of 5,000 square feet in area
and shall not exceed 25 feet in height.
b. The canopy(s) shall be located within the automobile sales
display or service area, and the canopy(s) shall not be located in
any required street or landscape setback area or interfere with
the parking lot access and/or vehicular circulation.
C. No signage, decals logos, or advertising of any nature shall be
allowed on the canopy.
d. The area under the canopy shall only be used for the temporary
parking of operative motor vehicles that are on the premises in
conjunction with the business.
e. The frame of the canopy shall be safely secured to the ground
in accordance with the manufacturer's installation instructions.
f. Any attached electrical wiring and/or lighting, whether
permanent or temporary, shall comply with all applicable
provisions of the Uniform Electrical Code.
g. Automobile mechanical repair is prohibited under a canopy or on
any open parking area. Motor vehicle detailing, not including
mechanical repair, is an acceptable use under a canopy.
h. The canopy shall be maintained in good condition, and shall be
removed, cleaned, or replaced if torn, faded, or dirty.
i. Canopies covering an area of 400 square feet or larger require
issuance of a fire permit.
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 no further, is hereby repealed or modified to that
extent necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application
thereof to any person, 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 portion of this Ordinance or its application to other persons.
The City Council hereby declares that it would have adopted this Ordinance and
each chapter, article, section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, phrases, or portions of the application thereof to
any person, be declared invalid or unconstitutional. No portion of this Ordinance
shall supersede any local, State, or Federal law, regulation, or codes dealing with life
safety factors.
Section 5. Publication. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof. Prior to the expiration of fifteen
(15) days from its passage, this Ordinance shall be published once in a newspaper of
general circulation, printed and published in the City of Costa Mesa. 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 of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this 4th day of March, 2002.
ATTEST:
I•
Deputy City Clk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
/
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 02-2 was introduced and considered section by section at a regular
meeting of the City Council held on the 19th day of February, 2002, and thereafter
passed and adopted as a whole at a regular meeting of the City Council held on the
4th day of March, 2002, by the following roll call vote:
AYES: Dixon, Monahan, Cowan, Robinson, Steel
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5th day of March, 2001.
Deputy City Cler nd ex -officio Clerk of
the City Council of4he City of Costa Mesa