HomeMy WebLinkAboutMC-1384 Adopted: December 17, 2012
Effective: January 16, 2013
1 ORDINANCE NO. MC-1384
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(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED
a YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS.
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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 current Development Code currently limits the height of non-electrified fencing
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to a maximum of 12 feet in height when located behind required yards; and
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WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030(8) will
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I allow fencing up to 16 feet in height when located behind required yards on properties in industrial land
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use districts to provide for enhanced property security; and
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WHEREAS, on October 17, 2012, the Planning Commission of the City of San Bernardino held
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a noticed public hearing to consider public testimony and the staff report regarding the request to allow
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fences up to 16 feet in height on properties located within industrial land use districts; 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 November 21,2012
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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22 SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and
23 hereby adopt and incorporate them herein.
24 SECTION 2. Findings of Fact.
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A. The Ordinance amending the Development Code is consistent with the General Plan of
26 the City of San Bernardino. The proposed amendment implements Land Use Policy 2.8.3 by allowing
21 the installation of fencing up to 16 feet in height on properties within the industrial land use districts,
28 which will help improve safety by deterring theft and trespass of private property.
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MC-1384
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 installation of fencing up to
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16 feet in height as a deterrent to trespassers and theft.
5 SECTION 3. San Bernardino Development Code Section 19.20.030(8) is hereby added to read
6 as shown on Exhibit A, attached and incorporated herein.
7 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and
8 Common Council finds that the proposed Ordinance amending Section 19.20.030(8) of the Development
9 Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
10 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably
11 foreseeable indirect physical change in the environment.
12 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
13 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
14 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
15 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that any one or more
16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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MC-1384
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
2 19.20.030(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED
3 YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS.
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 xagui ar meeting thereof, held on thei7th day
b of December , 2012, by the following vote to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ %
10 JENKINS x
I VALDIVIA x
a
12 SHORETT
a
13 KELLEY
JOHNSON x
14 MC CAMMACK %
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16 pti/f
17 �J
----,-arm Hanna, Clerk
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20 The foregoing Ordinance is hereby approved this S day of December , 2012.
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23 AT MORRIS, ayor
24 Approved as to form: City of San Bernardino
JAMES F. PENMAN
2s
City Attorney
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KC-1384
EXHIBIT A
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030
8. FENCES AND WALLS
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 8'
Outdoor storage areas visible 10' Commercial
from public rights-of-way(located 16' 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
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HI