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HomeMy WebLinkAbout02-14 Amortization of Residential Chain Link Fencing Visible from Public StreetORDINANCE NO. 02-14 AN ORDINANCE OF THE CITY CODUGIL OF THE .CITY OF COSTA MESA, CALIFORNIA AMENDING TITLES 13 AND 20 OF THE COSTA MESA MUNICIPAL CODE RELATED TO THE AMORTIZATION OF RESIDENTIAL CHAIN LINK FENCING VISIBLE FROM A PUBLIC STREET OR ALLEY THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Titles 13 and 20 of the Costa Mesa Municipal Code is hereby amended to read as follows: a. Amend Title 13, Section 13-75, to read as follows: "Q) 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, including planned development, chain link fencing is prohibited in any area visible from a public street or alley. (1) 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. b. Amend Title 20, Section 20-7, to read as follows: "Sec. 20-7. Standards for developed property. (k) Walls, fences, and trash `enclosures. All walls, retaining and crib walls, and fences abutting public rights-of-way (including alleys), and trash enclosures, shall be maintained .free of significant surface cracks, dry rot, warping, deterioration, leaning, missing panels or blocks which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance. In residential' zones, including planned development, chain linkffencing visible from a public street shall be removed or screened with plant materials that have been approved by the Development Services Department. Chain link fences and landscaping that are located adjacent to street corners and driveways shall conform to the City's walls, fences, and landscaping standards in Title 13 of the Costa Mesa Municipal Code regarding maximum height and location." 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. 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. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. PASSED AND ADOPTED this 5th day of Aug st, 2002. 14 Mayor of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: J Deputy6uity Clerk of the City of Costa Mesa City Attorney, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, Julie Folcik, 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. 02-14 was introduced and considered section by section at a regular meeting of said City Council held on the 15th day of July, 2002, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 5th day of August, 2002 by the following roll call vote: AYES: Dixon, Cowan, Robinson, Steel NOES: Monahan ABSENT: None. IN WITNESS WHEREOF, I have hereunto set'my hand and affixed the Seal of the City of Costa Mesa this 6th day of August, 2002. D46uty City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa