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Home My WebLink About09-14 - Adopting Zoning Code CO-09-10ORDINANCE NO. 09-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -09-10 TO AMEND TITLE 13, CHAPTER VII, ARTICLE 3, SECTIONS 13.118.1 AND 13- 118.2 OF THE COSTA MESA MUNICIPAL CODE TO ALLOW YOUTH PROGRAM GROUP USERS TO APPLY FOR TEMPORARY SIGN AND BANNER PERMITS ON CITY ATHLETIC FIELDS. WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: TITLE 13. Title 13, Chapter VIII, Article 3, of the Costa Mesa Municipal Code is hereby amended as follows: a. Amend Sections 13-118.1 and 13-118.2 as follows: "Sec. 13.118.1. TEMPORARY SIGNS ON PUBLIC PROPERTY (a) Applicability. The placement of temporary signs on public property shall be limited to only those signs that advertise City -sponsored or City -permitted events or ' activities. As used in this section, these include, but are not limited to, events or activities of Youth Program User Groups 1 and 3, as defined in the Athletic Field/Facility Use and Allocation Policy. (b) Permit Required. Temporary signs for City -sponsored events may be placed on public property after obtaining the necessary permit from the Recreation Manager. (c) Standards. (1)Acceptable Temporary Sign Location: Signs may be placed only on a building wall or perimeter wall or fence of the public property. The sign shall not project above the building parapet or the highest point of the roof or above the perimeter wall and/or fence. The sign shall not be attached to any staff, pole, line, framing, vehicle, or similar support. (2) Illumination: The sign shall not be illuminated. (3) Maximum Size: The total signage shall not exceed 80 square feet, and individual signs shall not exceed 40 square feet. (4) Number of Signs: Limit one temporary sign per User Group per street frontage at any given time. (5) Installation: The entire surface of the sign must be securely fastened to the building or perimeter wall and/or fence. ' (6) Maintenance Required: The applicant shall maintain all signs in good condition, and the applicant shall remove or replace any sign that is tom, faded, dirty, or defaced, including by graffiti. (7) Installation Period: Temporary signs may be displayed a maximum of 30 ' days. Speck dates and time for the signs' installation and removal may be subject to change by the City in order to minimize impacts to the public. (8) Sign Removal: All signs that are not removed by the applicant by the approved removal date shall constitute a public nuisance subject to summary removal by the City. Sec. 13.118.2. BANNERS ON PUBLIC BASEBALL AND SOFTBALL FIELDS (a) Applicability. Only Youth Program User Groups 1 and 3 shall be able to request approval to install banners on a public baseball or softball field that has been permitted for their use by the City. Youth Program User Groups 1 and 3 are defined in the City of Costa Mesa Athletic Field/Facility Use and Allocation Policy. (b) Permit Required. Banners may be placed on public baseball and/or softball fields after obtaining the necessary permit from the Recreation Manager. (c) Standards. (1) Acceptable Banner Location: Banners shall only be displayed on the field's outfield fence and shall only face the field's interior. ' (2) Banner Composition: Banner copy and/or logos shall be limited to one side of the banner, and the banner shall be made of durable cloth, bunting, plastic, or similar material. (3) Maximum Size: Individual banners shall not exceed 40 square feet. (4) Installation: The banner's surface must be tautly and securely fastened to the outfield fence of the field by a minimum of four contact points. (5) Maintenance Required: The applicant shall maintain all banners in good condition, and the applicant shall remove or replace any banner that is tom, faded, dirty or defaced, including by graffiti. (6) Installation Period: Banners shall be installed no sooner than seven days prior to the baseball and/or softball season's commencement and shall be removed within seven days of the season's close. Specific dates and time for the banners' installation and removal may be subject to change by the City in order to minimize impacts to the public. (7) Banner Removal: All banners that are not removed by the applicant by the approved removal date shall constitute a public nuisance subject to summary removal by the City." 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: APPLICABILITY. The provisions of this ordinance shall be applicable to new and existing off -sale license establishments as applicable. SECTION 5: 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 6: 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 NEWPORT BEACH/COSTA MESA 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 1 s` day of December, 2009. a4 ',-//n Allan R. Mansoor, Mayor ATTEST: APPROVED AS TOFORM: /I ' Juf olcik, City Clerk K mberiy Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss ' CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 09-14 was duly re -introduced for first reading at a regular meeting of the City Council held on the 17"' day of November, 2009, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 1" day of December, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2ntl day of December, 2009. 1 JULIE LCIK, CITY CLERK (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 09-14 duly passed and adopted by the Costa Mesa City Council at the regular meeting held December 1, 2009, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on November 25, 2009, and December 9, 2009. 1