HomeMy WebLinkAboutMC-1191
Adopted: November 1, 2004
Effective: November 1, 2004
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ORDINANCE NO. MC-1l91
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO
HEIGHTS OF FENCING FOR SCHOOLS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION 1. FINDINGS. The Mayor and Common Council of the City of San
9 Bernardino hereby finds and declares that:
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(a)
The fence height limitations established in Section 19.20.030(8)(A), Table 20.01
of the Municipal Code (Development Code) were established to promote the health, safety, and
welfare for residential, commercial, industrial, and institutional land uses, while maintaining
aesthetic qualities throughout the City.
(b)
There are certain situations, such as pre-schools and kindergarten through 12th
16 grade schools, where increased fence height of up to six feet may be necessary for safety
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(c)
There is a potential immediate safety and security problem at the First Church of
the Nazarene pre-school, and there may be other similar situations at pre-schools and
kindergarten through 12th grade schools in the City. The Mayor and Common Council need to
ensure the safety of the City's schoolchildren.
SECTION 2. Chapter 19.20, Section 19.20.030(8)(A), Table 20.01 of the Municipal
Code (Development Code) is amended to add subsection (7), to allow schools to have fences up
to six feet in height, as shown in Attachment 1 and incorporated herein by reference.
SECTION 3. This Urgency Ordinance is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15303(e), New Construction or Conversion of
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Small Structures, accessory (appurtenant) structures, including fencing. In addition, the
Municipal Code (Development Code) permits fencing; this ordinance merely addresses height.
SECTION 4. This Urgency Ordinance shall automatically expire nine months after
adoption unless extended by the Mayor and Common Council. The City's Development Services
Department has been directed to process a regular Ordinance amending the Development Code.
SECTION 5. This Urgency Ordinance is based upon the findings set forth in Section 1,
above, and the accompanying Staff Report, and is adopted pursuant to the authority granted to
the City of San Bernardino in Article 11, Section 7 of the California Constitution, and pursuant
to Article III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinance
shall take effect immediately upon adoption.
SECTION 5. The provisions of this Ordinance are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance or the invalidity of the application thereof to any person or circumstance shall not
affect the validity of the remainder of this Ordinance, or the validity of its application to other
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Me-U91
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO
HEIGHTS OF FENCING FOR SCHOOLS.
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
7 on the 1st day of November
, 2004, by the following vote to wit:
8 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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(2~b..~
City'clerk
The foregoing ordinance is hereby approved this M day of _November
J H VALLES, Mayor
ity of San Bernardino
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ATTACHMENT 1
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
1.
Districts
Residential
Front yard or side of street yard
(not including the rear yard)'
2.
Other yard area
Outside of required yard area
Abutting a non-residential district
Commercial, Industrial and Institutional
Front yard or side of street yard
3.
4.
5.
Abutting residential district
Other yard area
Outdoor storage area visible from public
rights-of-way (located behind required yards)
All Districts-Traffic Safety Site Area
Public Right-of-Way
Hillside Management Oyerlay Retaining Walls
Uphill slope
Down slope
Lots sloping with the street
Adjacent to driveways
Facing streets
6.
Foothill Fire Zone Overlav - Fences and Walls
7.
All Districts - Schools'
Maximum Permitted Height'
3'
4'
Solid structures
Open work structures
(must permit the passage of a
minimum of 90% of light)
6'
8'
6'
Solid, decorative masonry wall
2'6"
6'
8'
8'
10'
12'
Solid structures
Open work structures
Solid, decorative masonry wall
Commercial
Industrial
2'6"
8'
8'
3'6"
3'6"
8'
5'
Constructed with natural,
Indigenous materials
Constructed with non-
combustible materials only
Open work structure (wrought
iron or tubular steel)
6'
The limitations shall not apply in the following instances:
]Where a greater height is required by any other provision ofthe Municipal Code; or where a greater
height or type of fence or wall is required by a condition of approval.
'Rear yard defined for the purposes of this section shall be from the rear property line to the rear
plane(s) of the structure. MC 888 1/6/94.
'Schools include pre-schools and K -12.