HomeMy WebLinkAbout05-13 - Canopies on Residential PropertiesORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA AMENDING
TITLE 20 OF THE COSTA MESA MUNICIPAL CODE
REGARDING CANOPIES ON RESIDENTIAL
PROPERTIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Title 20 of the Costa Mesa Municipal Code is hereby amended to read
as follows:
a. Amend Section 20-11.5 as follows
"Section 20-11.5. Use of canopies.
The use of canopies is limited to residential properties and commercial zones
or uses as 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, excluding umbrellas, and
used for protection, shade, or shelter from the elements and open on at least
one side."
b. Amend Section 20-11.5 to add subparagraph (b):
(b) "Residential Properties. Any canopy located on a residential property
shall be partially or wholly screened from the public right-of-way by either
a building and/or solid, opaque wall or fence that is a minimum 6 feet in
height. The canopy shall be maintained in good condition and shall be
removed, cleaned, or replaced if torn, faded, or dirty."
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of such inconsistencies and no further, is hereby repealed or modified to the extent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, subdivi-
sions, 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: 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 4'h day of October, 2005
ATTEST:
DepLWy City Clerk of the City of Costa Mesa Ma or of the City of Costa Mesa
APPROVED AS TO FORM
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. 05-13
was introduced and considered section by section at a regular meeting of said City
Council held on the 20`" day of September, 2005, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 4`" day of
October, 2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon
NOES: Foley
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 5`" day of October, 2005.
Depu�ler�n>��officio Clerk of
the City Council of the City of Costa Mesa