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ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Development Code Amendment No. 04-04
to amend Development Code Section 19.20.030(8),
Table 20.01 to allow school uses (which legally
existed prior to November 1, 2004) in residential
land use districts to have six foot high decorative
front yard security fencing.
Date:
July 12, 2005
MCC Date: August 1, 2005
Synopsis of Previous Council Action:
On November 1, 2004 Urgency Ordinance MC-1191 was adopted to allow schools to have fences
up to six feet in height. This urgency ordinance will expire on August 1, 2005.
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
VoWrivc 0wt:: Funk
Contact person: Ben Steckler, Associate Planner
Phone: 384-5057
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount: N/A
Ward(s): City-wide
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda It
it /-<1'
d-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Development Code Amendment No. 04-04 to amend Development Code Section
19.20.030(8), Table 20.01 to allow school uses (which legally existed prior to
November 1, 2004) in residential land use districts to have six foot high
decorative front yard security fencing.
Applicant:
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
BACKGROUND:
First Church of the Nazarene submitted a request for a variance to allow a 6 foot high wrought iron
fence in the front yard area of an existing pre-school at 1697 N. Sierra Way. The Planning
Commission tabled the request on October 19, 2004, because the findings for the variance could not be
made. The Mayor and Common Council adopted an Urgency Ordinance on November 1,2004
allowing 6 foot high decorative security fencing (such as wrought iron fencing) at schools in residential
land use districts which were legally established prior to November 1, 2004. The Mayor and Common
Council then directed staff to complete a Development Code Amendment. The Development Code
Amendment is requested Citywide (see Planning Commission Staff Report titled Exhibit 1).
At their meeting of March 22, 2005, the Planning Commission voted 6 to 0 to recommend approval of
DCA No. 04-04. Commissioners Brown, Coute, Durr, Heasley, Powell, and Sauerbrun voted in favor
of the DCA. Commissioners Morris and Enciso were absent.
FINANCIAL IMPACT
None.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing and that the ordinance
be laid over for final adoption.
EXHIBITS:
1 Planning Commission Staff Report Dated March 22,2005.
2 Ordinance
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 04-04
4
March 22, 2005
City Wide
OWNER
NjA
APPLICANT:
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
909-384-5057
REQUESTjLOCA TION:
A request for approval of a Development Code Amendment to Section 19.20.030(8), Table
20.01, to allow school uses (which legally existed prior to November 1,2004) in residential
land use districts to have six foot high decorative front yard security fencing. This
Development Code Amendment will apply throughout the City of San Bernardino.
CONSTRAINTSjOVERLA YS:
N/A.
ENVIRONMENTAL FINDINGS:
D Not Applicable...
r8J Exempt, Section 15305 Minor alterations to land use limitations.
D No Significant Effects
D Previous Negative Declaration
D Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
r8J Approval
D Conditions
D Denial
D Continuance to:
.~.
Develo' "nt Code Amendment No. 04-04
Meeting Date: 03-22-04
Page 2
REQUEST AND LOCATION
The applicant requests approval of a Development Code Amendment to Section
19.20.030(8), Table 20.01, under authority of Development Code Section S 19.42.050 to
allow school uses (which legally existed prior to November 1, 2004) to have six foot
high decorative front yard security fencing to protect the children at these institutions.
This Development Code Amendment will apply throughout the City of San Bernardino,
to similar uses within any land use district.
BACKGROUND
First Church of the Nazarene submitted a request of a variance to allow a 6 foot high
wrought iron fence in the front yard area of an existing pre-school at 1697 N. Sierra
Way. The Planning Commission tabled the request on October 19, 2005, because the
findings for the variance could not be made. The Mayor and Common Council adopted
an Urgency Ordinance on November 1,2004 allowing 6 foot high decorative security
fencing (such as wrought iron fencing) at schools in residential land use districts which
were legally established prior to November 1, 2004. The Mayor and Common Council
then directed staff to complete a Development Code Amendment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
Planning staff reviewed the project under the requirements of the California
Environmental Quality Act and the project has been found to be Categorically Exempt
under Section 15305, as an alteration to a land use limitation as related to fence heights.
FINDINGS OF FACT DEVELOPMENT CODE AMENDMENT
1. Is the proposed amendment consistent with the General Plan?
Yes, the proposed use is consistent with General Plan Policy 1.1.7 w~ch states:
"Allow for the provision of governmental administrative, health, social,
religious, and other similar services to meet the needs of the existing public and
quasi-public agencies and establishing standards and guidelines for the
development of new facilities."
The proposed amendment will establish a new standard of development in
relation to security fencing in the front yard area of school uses (which legally
existed prior to November 1, 2004) including, but not limited to pre-schools,
private schools, etc. Thus the proposed amendment will be internally
consistent with the General Plan.
Develo' 'nt Code Amendment No. 04-04
Meeting Date: 03-22-04
Page 3
2. Would the proposed amendment be detrimental to the public interest, health,
safety, convenience, or welfare of the City?
No, the proposed amendment would not be detrimental to the public interest,
health, safety, convenience and welfare. It would actually benefit the public
interest, health, safety, and welfare of the City in that it will provide for
decorative security fencing to protect children within our school uses. This will
provide added safety for the children playing in front yard areas.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development
Code Amendment.
RECOMMENDA nON
Staff recommends that the Planning Commission recommend that the Mayor and
Common Council:
. Approve Development Code Amendment No. 04-04 based upon the Findings of
Fact contained in this Staff Report.
Respectfully Submitted,
J~~.Rt#-rJr
~:~:ces
en Steckler
Associate Planner
Attachment A
Proposed Amendments to Development Code
ATTACHMENT A
TABLE 20.01
FENCES, WALLS, HEDGES
HEIGHT AND TYPE LIMITS
Districts
Maximum Permitted Heights"
1. Residential
Front yard or side of street yard
(not including the rear yard)3&4
3' Solid Structures
4' Open work structures or plants
(must permit passage of a minimum of 90%
light.)
Other yard area
Outside of required yard area
Abutting a non-residential district
6'
8'
6' Solid, decorative masonry wall
2. Commercial, Industrial and Institutional
Front yard of side of street yard
Abutting residential districts
Other yard area
Outdoor storage area visible from public rights-of-
way (located behind required yards)
2' -6" Solid structures or plants
6' Open work structures
8' Solid, decorative masonry wall
8'
10' Commercial
12' Industrial
3. All-Districts-Traffic Safety Site Area
2'-6"
4. Public Rights-of-Way
8'
5. Hillside Management Overlay - Retaining Walls
Uphill Slope
Down Slope
Lots sloping with the street 8'
Adjacent to Driveways 3' -6"
Facing Streets 3' -6"
8'
5'
6. Foothill Fire Zone Overlay - Fences and Walls
Constructed with natural, indigenous
materials
Constructed with non-combustible
materials only.
*The limitations shall not apply in the following instances.
1. Where a greater height is required by any other provision of the Municipal Code; or
2. Where a greater height or type of fence, wall or hedge is required by a condition of
approval.
3Rear yard defined for the purposes of this section shall be from the rear property line to
the rear plane(s) of the structure. MC 8881/6/94
4Except for school uses (including pre-schools) which were legally established prior to
November 1, 2004, which may have a 6' decorative security fence (wrought iron) in the
front yard area and street-side side yard areas.
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..,. . 'CITY OF SAN BERNARDINO : CITY CLERK'S OFFICE -"-.'-:" ,
~',' RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: ~ 15 _0"; Item No. /:2..
Resolution/Ordinance No. /71 C - 12.1 L Ordinance Urgency: Yes /(!jiJ
Effective Date: q /15 / c:;,S- Termination/Sunset Date:
I I /-
Vote: Ayes: - 7 Nays: 8
Abstain: ' ---6)-- Absent: 7~-
Date Sent to Mayor:f.-,/) U>n " 'ij /IC-/C.S- Date Returned from Mayor: 'i: //~/ C~
Dol. of M.yo<', S;g',,"~' 'if /'fl~~ ~ D.to of (I"k', S;g","~, ,; Ilj/o :;-
Date Summary Sent ~Atto~ey: _' / (/ C' 5: Date Summary Returned from Attorney:
Date Published: ,:) 2- C ' ,
~/ / ...-
'';/(7/0-.:5
/ (
Meeting Type:
Continued From
~
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: Jvl4-l';~ ~ - I ',__
, ~ / /7 / {' '')0 ~
! / -~
-
No
Ready to File:
Date:
DOCUMENT lClCA noN:
FOaMSIAIMda ..... TrodIinI Form . CC Form No. III . use updaoed: 12/0411996