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HomeMy WebLinkAbout91-27 - Regulating the Height and Design of Walls and FencesORDINANCE NO. 91-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-128(5), 13-142(1), 13-235(1), and 13-420(h) OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGULATING THE HEIGHT AND DESIGN OF WALLS AND FENCES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby find and declare as follows: WHEREAS, greater direction is needed to be provided to the public regarding required and acceptable fence placement; and WHEREAS, clarification regarding acceptable fence materials and design standards needs to be provided; ACCORDINGLY, the City Council of the City of Costa Mesa does hereby amend Title 13 of the Costa Mesa Municipal Code as hereinafter set forth. SECTION 2. Subsection 5 of Section 13-128 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Fences within ten (10) feet of the front property line or the ulti- mate front property line shall not exceed thirty (30) inches in height unless of a design and/or material shown on the 'Walls, Fences, and Landscaping Standards and Specifications' sheet, as adopted by resolu- tion of the City Council. Existing, legally erected structures not in compliance with these provisions on the effective date hereof may remain unless destroyed, damaged, or altered (by any means or cause) to the extent of more than fifty (50) percent of its value, then, the reconstruction thereof shall conform to the provisions herein." SErrION 3. Subsection 1 of Section 13-142 of the Costa Mesa Municipal Code is hereby amended to read as follows: "All interior property lines shall have solid opaque walls or fences constructed under the direction of the Planning Division. If a wall or fence is constructed adjacent to a public street, said wall or fence shall be approved by the Planning Division in terms of its compatibility and harmony with the proposed building and site develop- ments existing or approved for the general neighborhood. Walls or fences within ten (10) feet of the front property line or the ultimate front property line shall not exceed thirty (30) inches in height unless of a design and/or material shown on the 'Walls, Fences, and landscaping Standards and Specifications' sheet, as adopted by resolu- tion of the City Council. Existing, legally constructed structures not in compliance with these provisions on the effective date hereof may remain unless destroyed, damaged, or altered (by any means or cause) to the extent of more than fifty (50) percent of its value, then, the reconstruction thereof shall conform to the provisions herein." SECTION 4. Subsection 1 of Section 13-235 of the Costa Mesa Municipal Code is hereby amended to read as follows: "l. Fencing: (a) All interior property lines abutting residentially zoned property shall have solid opaque masonry walls constructed under the direction of the Planning Division. - 2 - (b) If a fence or wall is constructed adjacent to a public street, said fence or wall shall be approved by the Planning Division in terms of its compatibility and harmony with the proposed building and site development, and buildings and site developments existing or approved for the general neighborhood. No fence or wall shall obscure the setback landscaping required adjacent to a public right-of-way." SECTION 5. Subsection (h) of Section 13-420 of the Costa Mesa Munici- pal Code is hereby amended to read as follows: "(h) Fencing: (1) A solid masonry wall, at least six (6) feet in height, shall be constructed along all property lines which abut a residential or co:mnercial zone. (2) If a fence or wall is constructed adjacent to a public street, said fence or wall shall be approved by the Planning Division in terms of its canpatibility and harmony with the proposed building and site development, and buildings and site developments existing or approved for the general neighborhood. No fence or wall shall obscure the setback landscaping required adjacent to a public right-of-way." SECTION 6. This Ordinance shall take effect and be in full force thirty (30) days frau and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in 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 - 3 - a summary of this Ordinance and a certified copy of the text of this Ordi- nance 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 aforemen- tioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of November, 1991. ATTEST: V. �"iiliLN City Clerk of the City ofCo a Mesa Mayor e the City of Costa Mesa STATE OF CALIFORNIA ) AS TO FORM COUNTY OF ORANGE ) ss Q CITY OF COSTA MESA ) CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. 91-27 was introduced and considered section by section at a regular meeting of the City Council held on the 21st day of October, 1991, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 18th day of November, 1991, by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffs, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of November, 1991. p City Clerk and ex -officio Clerk gy the City Council of the City of CosVV Mesa - 4 -