HomeMy WebLinkAbout05-15 - Use of Temporary Fencing on Vacant PropertiesORDINANCE NO. 05-15
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 TEMPORARY FENCING
ON VACANT 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 20-9 to include subsection (a)(3) as follows:
"(3) Temporary fencing. Unless required in subsection (b)(2), the installation
of temporary fencing is not mandated. A building permit is required for
any temporary fencing installed by a responsible party. The Planning
Division shall review the fence location and material(s), and chain link
fencing shall only be used in conjunction with an opaque screening
material. The responsible party shall maintain the fence in good repair
and condition. If the fence is not maintained properly, the Building Official
or Fire Chief may order its removal and replacement.
The fence may be properly posted with no trespassing signs, and the
fence shall be kept clear of all other signs, except lawfully installed signs."
b. Amend Section 20-9(b)(2) as follows:
(2) "Temporary fencing. The property shall be fenced on all sides along
the property line with a chain link fence or other type of secure fencing
at a minimum height of 6 feet from grade. The Fire Chief or Building
Official may determine a greater fence height is necessary. The
temporary fence shall require a building permit and shall be subject to
the standards in subsection (a)(3)."
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of such inconsistencies and no further, is hereby repealed or modified to the extent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 15t' day of November, 200! Dj
Mayor of the City of Costa Mesa
ATTEST:
Dep ity Clerk of the City of
Costa Mesa
APPROVED
ASo'T'O� FOIR1M:
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. 05-15
was introduced and considered section by section at a regular meeting of said City
Council held on the 1" day of November, 2005, and thereafter passed and adopted
as a whole at a regular meeting of said City Council held on the 15t" day of
November, 2005, by the following roll call vote:
AYES: Mansoor, Bever, Foley, Monahan
NOES: None
ABSENT: Dixon
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 16t" day of November, 2005.
Depu City Cie c and ex -officio Clerk of the
City Council of the City of Costa Mesa