HomeMy WebLinkAboutMC-1378 Adopted: Sept 17, 2012
Effective: October 17, 2012
1 ORDINANCE NO. MC-1378
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
4 WIRE AS AN APPROVED FENCING MATERIAL.
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WHEREAS, concerns have been raised by business owners in the City about break-ins and theft
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of property,particularly when stored outside; and
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WHEREAS, the Development Code currently prohibits the use of barbed wire, razor wire, and
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concertina wire as an approved fencing material except for agricultural uses if approved by the Director
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of Community Development; and
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WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030 will allow
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the use of barbed wire, razor wire or concertina wire fencing to provide for enhanced property security;
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and
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WHEREAS, on May 23, 2012, the Planning Commission of the City of San Bernardino held a
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is 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:
21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and
22 hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact. The Mayor and Common Council hereby adopts the following
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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
28 improve safety by deterring theft and trespass of private property.
HC-1378
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
4 wire, or concertina wire fencing as a deterrent to trespassers and theft.
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.
8 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and
9 Common Council finds that the proposed Ordinance amending Section 19.20.030 of the Development
10 Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
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15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably
foreseeable indirect physical change in the environment.
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i3 SECTION 5. Severability: 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
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
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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
17 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
18 ineffective.
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HC-1378
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
s Common Council of the City of San Bernardino at a i t. reg. meeting thereof,held on the 17th day
6 of September 2012,by the following vote to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 %
MARQUEZ
10 %
JENKINS
I VALDIVIA g
12 SHORETT x
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KELLEY x JOHNSON R
14 MC CAMMACK x
1s
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L7iJL-
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Georgeag Hanna, City Vlerk
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19 6,r�
20 The foregoing Ordinance is hereby approved this a day of September 2012.
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23 TRIC J. MORRI or
24 Approved as to form:
JAMES F. PENMAN
2s
City Attorney
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27 By: ..�.
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MC-1378
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
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
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 81
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 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.
MC-1378
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.