HomeMy WebLinkAbout30-Development Services
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: An Urgency Ordinance
related to heights of fencing for
schools.
ORIGINAL
Date: October 21, 2004
MCC Date: November 1,2004
Synopsis of Previous Council Action:
None
Recommended Motion:
That said ordinance be adopted.
~9~ !fi-
Contact person: Valerie Ross, Citv Planner
Phone:
5057
Supporting data attached: Staff Report, Ordinances
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
OltO, n1 C - \ \ Ci \
Agenda Item No. 3D
II , 11 DL/
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
SUBJECT: An Urgency Ordinance amending the Development Code related to heights
of fencing for schools.
BACKGROUND:
First Church of the Nazarene submitted a Variance application to allow a 6-foot wrought
iron fence in the front yard at their pre-school at 1697 N. Sierra Way. The Development
Code permits a 4-foot open fence in the front yard. Staff had scheduled the Variance for
consideration by the Planning Commission at its meeting of October 19,2004, and was
recommending approval. However, after discussions with the City Attorney's Office, staff
determined that the Findings of Fact to support a Variance could not be made for this
application. The Planning Commission tabled the item.
The pre-school at 1697 N. Sierra Way was established in 1975 when the duplex on the
property was issued a Certificate of Occupancy to convert to this use. It has been
operational since then, and First Church of the Nazarene currently operates the pre-school.
The pre-school uses the front and side yards for play areas for the children, and the areas
are enclosed with a 4-foot chain link fence. Recently, the pre-school has had several
occurrences of people trying to climb over the fence when the children are outside playing.
Needless to say, this presents a very real safety concern. Staff concurs with First Church of
the Nazarene that a 6-foot wrought iron fence would resolve that concern. They can install
a 6-foot high fence in accordance with the Development Code setback requirement, but it
would be flush with the front of the structure, leaving a good portion of the play area
vulnerable.
New schools, including pre-schools, can generally layout their sites to meet current
Development Code setbacks, but existing schools do not have that same advantage. As a
result, staff believes that a 6-foot fence is warranted in certain situations. Staff estimates
that only a handful of existing schools are similar First Church of the Nazarene's pre-
school, and there will not be a proliferation of requests for increased fence heights. The
proposal does not include day care homes or day care facilities.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the Mayor and Common Council adopt the Urgency to allow 6-foot
open fencing (wrought iron or tubular steel) in the front yard setback area for legally-
established schools, including pre-schools, and to prepare a regular ordinance dealing with
this issue.
1
2
3
4
5
ORDINA' ~ ~ 11
AI\' 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:
7
8
SECTION 1. FINDINGS. The Mayor and Common Council of the City of San
9 Bernardino hereby finds and declares that:
10
11
12
13
14
15
(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 lih
16 grade schools, where increased fence height of up to six feet may be necessary for safety
17 purposes.
18
19
20
21
22
23
24
25
26
27
28
(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 lth 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 I 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
~)J 30
/1 / / / () C/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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
17
18 persons or circumstances.
19 I I I I
20 IIII
21 I I I I
22
23
24
25
26
27
28
2
1
2
3
4
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
meeting thereof, held
7 on the
day of
, 2004, by the following vote to wit:
8 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
14 KELLEY
15 JOHNSON
16
MC CAMMACK
17
18
19
20 2004.
21
22
23
Approved as to form
24 and legal content:
City Clerk
The foregoing ordinance is hereby approved this
day of
JUDITH V ALLES, Mayor
City of San Bernardino
25 JAMES F. PENMAN
City ~\ torney
26 By:(l ~ .~.~
27 III
28 (
II/..
~,
3
A TT ACHMENT 1
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
Districts Maximum Permitted Height!
I. Residential
Front yard or side of street yard 3' Solid structures
(not including the rear yard)' 4' Open work structures
(must permit the passage of a
minimum of90% of light)
Other yard area 6'
Outside of required yard area 8'
Abutting a non-residential district 6' Solid, decorative masonry wall
2. Commercial. Industrial and Institutional
Front yard or side of street yard 2'6" Solid structures
6' Open work structures
Abutting residential district 8' Solid, decorative masonry wall
Other yard area 8'
Outdoor storage area visible from public 10' Commercial
rights-of-way (located behind required yards) 12' Industrial
3. All Districts-Traffic Safety Site Area 2'6"
4. Public Right-of-Way 8'
5. Hillside Management Overlay - Retaining Walls
Uphill slope 8'
Down slope 3'6"
Lots sloping with the street 3'6"
Adjacent to driveways 8'
F acing streets 5' Constructed with natural,
Indigenous materials
6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non-
combustible materials only
7. All Districts - Schools3 6' Open work structure (wrought
iron or tubular steel)
The limitations shall not apply in the following instances:
lWhere a greater height is required by any other provision of the Municipal Code; or where a greater
height or type of fence or wall is required by a condition of approval.
2Rear 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.
3Schools include pre-schools and K-12.
~~,.
.~,
~~1: A
* *.F()R OFFICE USE OHL Y - HOY,.A PUBLIC DOCUMENT **"-
.{~?~~~~ , '>"'~~;?-;';?~~'~:'."" .... ."':,' "''''':'~f_R;'!'F.~r?
.. . CITY OF SAN BERNARDINO :;'CITY CLERK'S OFFICE v,_"-_.-'" .
...".C.' RECORDS 8< INFORMATION MANAGEMENT PROGRAM
...~;. .
.,..-~
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: W I / c c.;
Resolution/Ordinance No. ;J1d _ ; ('11 (
----I ill J 0 L(
I I '
Ayes: I. 2 L~ '::) (, 7
I I . ) I
Abstain~ ~
Date Sent to Mayor: I ~h-I 0 <j
Date of Mayor's Signature: I (- a.~ ()
Date Summary Sent to Attorney: 1/ 2-
Date Published: II - tr~O(1
\\ - I . ',()
Meeting Type: '-..\ ~~.~ ill.' 3 ....---
Continued FromfTo lac Item No. v
Item No.
Effective Date:
Ordinance Urgen
Termination/Sunset Date:
Vote:
Nays:
--0-
Absent:
.....,
-)
Date of Clerk's Signature:
J(- 3 ()~
J(.. ~. 0 y
Date Returned from Mayor:
Date Summary Returned from Attorney:
11_ ? oY'
,
Date Seal Impressed:
11-3..C;V
,
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
To Whom:
./
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action ac Staff Report Attached: Yes
Notes: ~P';/ /~ - \l/ct/ oj
No
I) t ~ .
Ready to File: ,f:: - ,{ '-- ~ j Date:
DOC\JMENT lOCATlON:
fOlIMS/A...,.s. 110m Tr>dciDI Form -cc Form _ 11l.l.1sl Ulldoad: 1210411996
/ /
I / / (~/ {J Lj
/ '