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T.A
ORDINANCE (ID# 1941) DOC ID: 1941 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 09/04/2012
Prepared by: Tony Stewart,
Dept: Community Development Ward(s): All
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San
Bernardino Development Code Section 19.20.030 to Allow the Use of Barbed Wire, Razor Wire
and Concertina Wire as Approved Fencing Material. (FIRST READING)
Financial Impact:
None.
Mayor to open the hearing. . .
Motion 1: Close the hearing; and deny the ordinance.
OR
Motion 2: Close the hearing; and lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
At the June 18, 2012, Council meeting, the Mayor and Common Council, after taking action on
Development Code Amendment No. 12-03 regarding electrified fencing, directed staff to come
back with an ordinance regarding the use of barbed wire, razor wire, and concertina wire as
allowed fencing materials.
Backeround:
On May 23, 2012, the Planning Commission unanimously recommended that the Mayor and
Common Council approve Development Code Amendment No. 12-03 (DCA 12-03) to allow
electric fences in Industrial and Commercial land use districts up to 10 feet in height within the
setbacks, and 16 feet in height in Industrial land use districts outside of the setback. DCA 12-03
also discussed the use of barbed and razor wire as acceptable fencing materials, which the
Planning Commission did not support.
On April 17, 2012, the Legislative Review Committee (LRC) met to consider a request by a
private electric fence contractor to consider whether to allow electric fences to be installed in the
City of San Bernardino. The fence contractor noted that they had been approached by several
property owners in the City about installing electric fences to prevent theft of materials,
especially for materials that are stored outside.
In discussing the matter, Committee Members noted that barbed wire and razor wire already
exist in the City and that these fencing materials might also be appropriate. The Chairperson
pointed out that such materials provide a negative image for the City. Fence height was also
discussed by Committee Members. The contractor asked for a 10-foot high electric fence,
stating that the additional height was necessary to prevent somebody from standing on the fence
Updated:8/29/2012 by Henry Empeno Jr.F Packet Pg. 40
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located in front of the electric fence and stepping over the electric fence.
In preparation of a fencing materials staff report for the Planning Commission, staff surveyed the
cities in San Bernardino County to determine whether barbed wire or razor wire was allowed as
fencing materials in those jurisdictions and to determine the maximum fence heights allowed.
Table 1 provides the results of the survey regarding the use of barbed and razor wire as an
allowed fencing material. Table 2 provides the results of the survey regarding maximum fence
heights.
Table 1 -Barbed and Razor Wire Standards
Jurisdiction Barbed/Razor Wire Standards
City of San Bernardino Allowed only for agricultural uses,subject to Director approval
Big Bear Lake Prohibited
Chino Prohibited unless deemed necessary for safety by Director
Chino Hills Prohibited
Colton Allowed on grazing land or for storage/public utility yards
Corona May be used as an extension (up to 2 feet)on top of a fence for
security in commercial, industrial and agriculture zones
Fontana Prohibited
Hesperia No standards
Highland Prohibited in residential zones. No standards in non-residential
zones
Loma Linda Only permitted at a height exceeding six feet above grade or to
enclose livestock
Ontario Prohibited
Rancho Cucamonga Prohibited
Redlands Prohibited
Rialto Prohibited
Riverside Cannot be visible to a public right-of-way, alley or parking lot
San Bernardino County Prohibited in residential zones and along the public right-of-way,
and must be at least six feet above the ground
Upland Prohibited
Victorville Cannot be visible from public views
Table 2 -Maximum Fence Height Standards
Jurisdiction Maximum Fence Height Standards
City of San Bernardino 8 feet(up to 11 feet to screen outdoor storage in industrial zones
when visible from public rights-of-way and when located behind
required yards)
Updated:8/29/2012 by Henry Empeno Jr.F Packet Pg.4t
1941
Big Bear Lake No maximum noted
Chino Up to 10 feet for security purposes if approved by Director
Chino Hills 6 feet for residential, 9 feet for non-residential uses
Colton 6 feet(up to 8 feet if used for screening in industrial zones)
Corona 7 feet(8 feet for security fences)
Fontana 8 feet
Hesperia 6 feet(up to 12 feet if used for screening in industrial zones)
Highland 6 feet
Loma Linda 6 feet for residential, up to eight feet for non-residential if open
(i.e.,wrought iron)
Ontario 6 feet
Rancho Cucamonga 8 feet
Redlands 6 feet(up to 16 feet with a 10-foot setback and reviewing authority
approval)
Rialto 6 feet
Riverside 6 feet
San Bernardino County 10 feet
Upland 6 feet
Victorville 6 feet(higher,with no max. specified around outdoor storage areas
If approved by the Mayor and Common Council, San Bernardino Development Code Section
19.20.030 would be amended as follows (the remainder of the Section would remain as recently
amended by the Mayor and Common Council to accommodate the electric fence standards):
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030
8. FENCES AND WALLS
C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
1. The use of barbed wire, razor wire, or concertina wire fencing in
conjunction with any other fence, wall, roof, or by itself within any land
use district, is prohibited except as shown in Table 20.01, or unless
required by any law or regulation of the City, the State of California,
Federal Government,or agency thereof.
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
Updated:8/29/2012 by Henry Empeno Jr.F Packet Pg. 42
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1941
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 areas visible 10' Commercial
from public rights-of-way(located 12' Industrial
behind required yards
Electric fences(located behind a
primary fence), barbed wire,razor wire,
or concertina wire:
within a setback area 10' Commercial/Industrial
outside the setback area 16' Industrial
19.20.030(8)
G. BARBED WIRE,RAZOR WIRE AND CONCERTINA WIRE FENCES
1. Permit Required. No barbed wire, razor wive, or concertina wire fences
shall be installed or used unless a Fence Permit has been applied for and
obtained from the Community Development Department.
2. Conditions for Installation.
a. Location: Barbed wire, razor wire, or concertina wire fences shall
be permitted only in non-residential zones and only in locations
approved by the Community Development Department.
b. Height: Barbed wire, razor wire, or concertina wire fences shall
not have a height in excess of 10 feet in commercial and industrial
setback areas and shall not have a height in excess of 16 feet
outside of the setback areas on industrial properties.
City Attorney Review:
Su000rtine Documents:
Ord 1941 (PDF)
Ord 1941.Exhibit A (PDF)
Updated: 8/29/2012 by Henry Empeno Jr.F Packet Pg. 43
i ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
19.20.030 TO ALLOW THE USE OF BARBED WIRE, RAZOR WIRE, OR CONCERTINA
a WIRE AS AN APPROVED FENCING MATERIAL.
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6 WHEREAS, concerns have been raised by business owners in the City about break-ins and theft
of property,particularly when stored outside; and
s WHEREAS, the Development Code currently prohibits the use of barbed wire, razor wire, and m
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concertina wire as an approved fencing material except for agricultural uses if approved by the Director LL
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to of Community Development; and 2
WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030 will allow a
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t2 the use of barbed wire, razor wire or concertina wire fencing to provide for enhanced property security;
and 4
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WHEREAS, on May 23, 2012, the Planning Commission of the City of San Bernardino held a c
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15 noticed public hearing to consider public testimony and the staff report regarding barbed wire, razor
wire and concertina wire as an acceptable fencing material; and
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WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
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the proposed Ordinance was published in The Sun newspaper on August 20,2012
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19 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
20 BERNARDINO DO ORDAIN AS FOLLOWS: o
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and E
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hereby adopt and incorporate them herein.
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za SECTION 2. Findings of Fact. The Mayor and Common Council hereby adopts the following
Findings of Fact:
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26 A. The Ordinance amending the Development Code is consistent with the General Plan of
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the City of San Bernardino. The proposed amendment implements Land Use Policy 2.8.3 by allowing
the use of barbed wire, razor wire, or concertina wire as an acceptable type of fencing, which will help
zs improve safety by deterring theft and trespass of private property.
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1 B. The proposed Ordinance amending the Development Code will not be detrimental to the
2 public interest, health, safety, convenience or welfare of the City. The proposed amendment will
3 provide an additional measure of security for private property by allowing the use of barbed wire, razor
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wire,or concertina wire fencing as a deterrent to trespassers and theft.
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5 SECTION 3. San Bernardino Development Code Section 19.20.030(8)(C)(1), and Table 20.01,
6 Section 2, are hereby amended and Section 19.20.030(8)(G) is hereby added to read as shown on
7 Exhibit A,attached and incorporated herein.
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8 SECTION 4. Comnliance with the California Environmental Ouality Act: The Mayor and
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9 Common Council finds that the proposed Ordinance amending Section 19.20.030 of the Development d
10 Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061
i 1 (b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably g
foreseeable indirect physical change in the environment. m
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13 SECTION 5. Severabilitv: If any section, subsection subdivision,sentence,or clause or phrase
14 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective o
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the v
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remaining portions of this Ordinance or any part thereof The Mayor and Common Council hereby
16 declares that it would have adopted each section irrespective of the fact that any one or more c
17 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
is ineffective.
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Packet Pg.45
7.A.A
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
19.20.030 TO ALLOW THE USE OF BARBED WIRE, RAZOR WIRE, OR CONCERTINA
3 WIRE AS AN APPROVED FENCING MATERIAL.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,held on the_day
6 of 2012,by the following vote to wit:
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s Council Members: AYES NAYS ABSTAIN ABSENT
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9 LL
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MARQUEZ
10 JENKINS 9
11 VALDIVIA
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12 SHORETT o
13 KELLEY
JOHNSON v
14 MC CAMMACK
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Georgeann Hanna, City Clerk
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zo The foregoing Ordinance is hereby approved this day of 2012. 0`
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23 PATRICK J.MORRIS,Mayor a
24 Approved as to form:
JAMES F. PENMAN
25 City Attorney
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27 By: ..e.
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Packet Pg.46
7.A.B
EXHIBIT A
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030
8. FENCES AND WALLS
C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
1. The use of barbed wire, razor wire, or concertina wire fencing in
conjunction with any other fence, wall, roof, or by itself within any land c
use district, is prohibited except as shown in Table 20.01, or unless LL
required by any law or regulation of the City, the State of California,
Federal Government,or agency thereof.
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TABLE 20.01 N
FENCES AND WALLS a
HEIGHT AND TYPE LIMITS o
2. Commercial. Industrial and Institutional
Front yard or side of street yard 216" Solid structures
6' Open work structures
Abutting residential district 8' Solid, decorative masonry wall
Other yard area 8'
Outdoor storage areas visible 10' Commercial
from public rights-of-way (located 12' Industrial a
behind required yards n
Electric fences(located behind a K
primary fence),barbed wire,razor wire, w
or concertina wire:
within a setback area 10' CommerciaUlndustrial a
outside the setback area 16' Industrial o
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19.20.030(8)
G. BARBED WIRE,RAZOR WIRE AND CONCERTINA WIRE FENCES a
1. Permit Required. No barbed wire, razor wire, or concertina wire fences
shall be installed or used unless a Fence Permit has been applied for and
obtained from the Community Development Department.
2. Conditions for Installation.
Packet Pg.47
7.A.8
EXHIBIT A
a. Location: Barbed wire, razor wire, or concertina wire fences shall
be permitted only in non-residential zones and only in locations
approved by the Community Development Department.
b. Height: Barbed wire, razor wire, or concertina wire fences shall
not have a height in excess of 10 feet in commercial and industrial
setback areas and shall not have a height in excess of 16 feet
outside of the setback areas on industrial properties.
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