HomeMy WebLinkAbout16-17 Measure AA, Fairview ParkORDINANCE NO. 16-17
AN ORDINANCE OF THE PEOPLE OF THE CITY OF COSTA MESA,
CALIFORNIA TO GIVE THE PEOPLE OF COSTA MESA A VOTE TO
DETERMINE WHAT SIGNIFICANT CHANGES TO FAIRVIEW PARK MAY BE
MADE
THE PEOPLE OF THE CITY OF COSTA MESA, CALIFORNIA DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter V, "An Ordinance to Give the People of Costa Mesa a
Vote to Determine What Significant Changes to Fairview Park May Be
Made" added to Title 12 of the Costa Mesa Municipal Code. Chapter V, "An
Ordinance to Give the People of Costa Mesa a Vote to Determine What
Significant Changes to Fairview Park May Be Made" is hereby added to Title 12
of the Costa Mesa Municipal Code, to read as follows:
Sec. 12.85 Code Amendment.
This Ordinance is added to and amends the Costa Mesa Municipal
Code as follows and supersedes any provisions that are
inconsistent with this ordinance.
Sec. 12.86 Purpose. The purpose of this ordinance is to:
A. Keep Fairview Park as a natural and open space as
documented in the Fairview Park Master Plan as defined
below.
B. Give the citizens of Costa Mesa a voice in determining
whether the development of a project beyond the As Built
condition of Fairview Park shall be allowed or not.
c. Ensure that the Costa Mesa officials provide timely,
accurate and unbiased review of any such proposed
development or change to Fairview Park.
D. Ensure that the Citizens of Costa Mesa receive all
necessary and accurate environmental and relevant
information needed to cast an informed vote on any such
proposed development or change.
Sec. 12.87 Definitions. The definitions set forth in this section apply to the
provisions of this ordinance only and do not affect any other
provisions of law.
A. "Significant Change" means:
1. any of the following activities within Fairview Park:
i. expansion or intensification of uses, or
ii. expansion of current amenities, or
iii. addition of new amenities, or
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iv. expansion of park hours, or
V. grading, or
vi. expansion of any parking lot's footprint, or
vii. laying of foundations, or
viii. building of permanent Structures, or,
ix. installation of water, electric, gas, or sewer
lines or delivery systems, or
X. installation of additional lighting, or,
A. alterations that use geotechnical or structural
analyses.
2. The following shall not be considered a "Significant
Change" under this ordinance:
i. installation of trash cans, park benches, picnic
tables, or,
ii. installation of a concrete pad applied to any
such trash cans, park benches, or picnic
tables, used to provide stability and/ or theft
deterrence, so long as the upper surface area
of such pad does not substantially exceed the
outer footprint dimensions of said trash can,
park bench or picnic table, or
iii. installation of ADA compliant rest areas along
existing trails and any level concrete pads
needed for those rest area as long as the
coverage area of those concrete pads are not
in excess of the minimum required dimensions
for ADA compliance and are spaced from other
such pads a minimum of one hundred (100)
linear feet or per ADA required spacing
intervals.
B. "As -Built Condition" means the amenities and alterations
that have been built in Fairview Park as of the effective date
of this ordinance.
c. "Fairview Park" means that area as defined by the City of
Costa Mesa in the November 2008 Fairview Park Master
Plan, encompassing all parts of the park area designated as
"Fairview Park" and any lands currently included in Talbert
Park (also known as Talbert Regional Park and Talbert
Nature Preserve) if ever acquired by the City of Costa Mesa.
D. "Fairview Park Master Plan" means the document and its
amendments approved by the City of Costa Mesa to guide
the continuing and future alterations to Fairview Park that
have been in effect since November 2008.
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E. "Preservation" or "Preservation efforts" means any
activity whose purpose is to protect the natural state of
Fairview Park. Those activities could include, but are not
limited to, improved signage of an educational or warning
nature, educational activities, and activities intended to
protect vernal pools, archaeological sites, habitat or
biological resources, including installation of protective
fencing.
F. "Restoration" means any act or activity whose purpose is
to restore any part of Fairview Park to its natural non-
developed state. Those activities could include: the removal
of non-native or invasive plants, replanting of native habitat
areas utilizing the on site collection of seeds and native plant
materials, and improvement of the watersheds to enhance
the proper flow of water in support of endangered species of
plants or animals and the habitat that supports their survival.
G. "Maintenance" means any activity whose purpose is to
keep the park amenities in a neat, clean, serviceable and
safe condition for the public's use. Those activities would
include, but are not limited to: mowing of turf areas, painting,
replacement of broken lights and bulbs, repair of restroom
facilities, rehabilitation and restriping of existing roads and
parking lots, repair of any existing Structures, and
maintenance of existing paths or trails to allow safe access
and use by emergency response vehicles.
H. "Natural Lands" means an area of relatively undeveloped
land which:
�. has substantially retained its characteristics as
provided by nature or has been substantially restored,
orwhich can be restored, to a near -natural condition,
and which has valuable wildlife, scenic, open -space,
or park resources, or a combination thereof, or
2. meets the definition of open -space land in Section
65560 of the California State Government Code.
i. "Park" means a tract of land with outstanding scenic,
natural, open -space, or recreational aspects, set apart to
conserve natural, scenic, cultural, or ecological resources for
present and future generations, and to be used by the public
as a place for rest, recreation, education, exercise,
inspiration, or enjoyment.
a. "Structure" means something constructed for occupancy or
use, whether installed on, above or below ground and any
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connected fixtures. Examples of structures include, but are
not limited to:
1. buildings and any above ground or below ground
electrical, water, gas, or sewage facilities or delivery
systems needed or used by those buildings, or
2. roads paved with concrete or asphalt, or
3. curbs constructed of concrete or asphalt, or
4. lamp stands or poles, or
s. pergolas, or gazebos, or
6. parking lots,
7. retaining walls, or
8. microwave or communication towers.
Sec. 12.88 Effective Date, Applicability.
A. This ordinance shall be binding and effective as of the
earliest date allowed by law (the "Effective Date"). At its first
public meeting following completion of the canvass of votes,
the Costa Mesa City Council shall pass the resolution
required by Elections Code Section 9266. The following day,
the elections official of Costa Mesa shall cause a copy of the
complete text of the adopted measure to be filed with the
Secretary of State pursuant to Government Code Sections
34459 and 34460.
B. Pursuant to Elections Code Section 9205, all alterations to
Fairview Park after notice of intention to circulate the
initiative petition adding this ordinance to the City Municipal
Code shall be subject to the provisions of this ordinance.
Sec. 12.89 Vote of the Costa Mesa Electorate on any alteration to Fairview
Park.
A. Any Significant Change, except those listed in Sec. 6 below,
to Fairview Park shall be put to a vote of the Costa Mesa
Electorate, provided, however, that no such Significant
Change shall be submitted to the Costa Mesa electorate
unless it has first been approved by the appropriate
governing body. A Significant Change to Fairview Park shall
become effective only after approval by the appropriate
governing body and a majority of the Costa Mesa electorate
who are participating in an election proposing such
Significant Change, An advisory election does not satisfy the
voter approval requirement.
B. The sample ballot materials mailed to the registered voters
of Costa Mesa prior to an election shall describe any
Significant Change to Fairview Park in a manner that clearly
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discloses both the scope and main features of the entire
proposal (including any development or construction phases)
that the Significant Change to Fairview Park includes,
consists of or depends on, and the location and the acreage
that will be affected by the Significant Change. The
description shall clearly compare the proposal to the As -Built
condition. Easily readable maps shall be provided to assist
the voters in understanding the description of the proposed
Significant Change. All of the information called for by this
subdivision shall be posted on Costa Mesa's website no later
than thirty (30) days prior to an electorate election to
approve or deny said change.
c. The popular vote required by this ordinance shall be in
addition to all other applicable review and approval
requirements for such Significant Change, including
environmental review in compliance with the California
Environmental Quality Act ("CEQA").
Sec. 12.90 Exceptions.
A. This ordinance shall not apply to any Significant Changes to
Fairview Park that are made for:
1. restoration purposes, or;
2. preservation purposes, or;
3. maintenance purposes, or;
4. public.safety, or;
5. to expand the size of Fairview Park, such as by City
acquisition of lands currently contained in Talbert
Park; or
6. Significant Changes as directed in the Fairview Park
Master Plan, that is in effect as of January 1, 2015, as
long as that direction does not require the
construction of any permanent structure.
B. This ordinance shall not apply to any Significant Change to
Fairview Park that is legally approved and completed prior to
the effective date of this ordinance.
Sec. 12.91 Relationship to Municipal Code. If any provision of this ordinance
conflicts with other provisions contained in the Costa Mesa
Municipal Code, the provisions of this ordinance shall supersede
any other conflicting provision.
Sec. 12.92 Amendments. No provision of this ordinance may be amended or
repealed except by a vote of the People of Costa Mesa.
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Sec. 12.93 Judicial Enforcement. Any aggrieved person shall have the right
to bring an action to enjoin any violation of this ordinance or to
enforce the duties imposed on Costa Mesa by this ordinance.
Sec. 12.94 Construction. This ordinance shall be liberally construed to
accomplish its purposes. Nothing herein shall be construed to make
illegal any lawful use being made of any land in accordance with
the Fairview Park Master Plan and City land use and zoning
regulations in force before the effective date of this ordinance, or to
prohibit any activities required by State or Federal Law.
Sec. 12.95 Acts Beyond Control. Nothing in this ordinance shall be construed
to bring action against the City for any injury to or change resulting
from any natural cause beyond the control of the City, including
without limitation, fire, flood, storm and earth movement.
Sec. 12.96 Prohibited Uses: Any activity or use of Fairview Park inconsistent
with the purpose of this ordinance is prohibited.
SECTION 2. Effective Date. Pursuant to California Government Code §36502
and California Elections Code §9217, because a majority of the qualified voters
voting in the election on Measure "AK voted in favor of the adoption of such
measure, this ordinance is deemed valid and binding and shall be considered as
adopted upon the date that the vote was declared by the City Council, and shall
go into effect ten (10) days after that date.
SECTION 3. Severability. If any section, subdivision, clause, sentence, phrase
or portion of this ordinance is declared invalid by a court of competent
jurisdiction, the remaining sections, subdivisions clauses, sentences, phrases
and portions shall remain valid and enforceable. The voters declare that they
would have passed all sections, subdivisions, clauses, sentences, phrases and
portions of this ordinance without the section, subdivision, clause, sentence,
phrase or portion declared invalid by a court of competent jurisdiction.
SECTION 4. Certification/Summary. Following the City Clerk's certification
that the citizens of Costa Mesa have approved this Ordinance, the Mayor shall
sign this Ordinance and the City Clerk shall cause the same to be entered in the
book of original ordinances of said City; and shall cause the same, or a summary
thereof, to be published as required by law.
I hereby certify that the Ordinance to Give The People Of Costa Mesa A Vote To
Determine What Significant Changes to Fairview Park May Be Made was
PASSED, APPROVED, AND ADOPTED by the people of the City of Costa Mesa
on this 8th day of November, 2016.
Ordinance No. 16-17 Page 6 of 7
CITY OF COSTA MESA
"J& 4AV\-
BRENDA GREEN, CITY CLERK
APPROVED AS TO FORM
TOM DtJARTE„CITY ATTORNEY
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