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ORDINANCE (ID#2088) DOC ID: 2088 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 12/03/2012
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(8)(C)(1), to Allow 16-Foot Tall Fences and
Walls in the Industrial Land Use Districts (FIRST READING)
Financial Impact:
There is no direct financial impact to the General Fund.
Mayor to open the hearing. . .
Motion 1: Close the hearing; and deny the request.
OR
Motion 2: Close the hearing; approve the proposed Development Code Amendment; and lay
over Ordinance for final adoption.
Synopsis of Previous Council Action:
June 18, 2012, the Mayor and Common Council approved Development Code Amendment
(DCA) 12-03, a request to allow electrified fencing as an approved fencing material.
September 17, 2012, the Mayor and Common Council approved DCA 12-05, to allow the use of
barbed wire,razor wire, and concertina wire as allowed fencing materials.
October 2, 2012, The Legislative Review Committee (LRC) reviewed the request and members
voted to move the request forward to the Planning Commission with no objections to the
request.
October 17, 2012, the Planning Commission considered the request and recommended denial
to the Mayor and Common Council.
Background:
In June and September of 2012, the Mayor and Common Council approved Development Code
Amendments to allow the use of electrified fencing,barbed wire, razor wire, and concertina wire
as allowed fencing materials. Staff received a request by Ed Bonadiman on behalf of Midnight
Pick-A-Part (located at 701 N. Waterman Avenue) to further amend the Development Code to
allow fences and walls of any material type up to 16 feet in height in the industrial land use
districts. The applicant submitted a tan-colored piece of corrugated metal as a sample of the color
and material proposed to be installed at the Midnight Pick-A-Part facility. The proposed solid,
tan-metal fence up to eight feet in height includes an additional eight feet of chain link fencing
on top of the solid portion. The applicant requested the additional fence height to further secure
Pak � � ��12 1
Updated: 11/28/2012 by Linda Sutherland C � 'k
6.A
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the facility.
Currently, the maximum allowed height for all fence types in the industrial land use districts,
except electric fences, is 12 feet, which applies to outdoor storage areas seen from the public
right-of-way. Electric fences can be up to 16 feet in height; however, such fences must be behind
a primary fence and be located outside the required setback area. When the 16-foot height was
approved for electric fences by the Mayor and Common Council, it was to allow additional
height for the electric fences above the primary fences behind which the electric fences would be
located, to make climbing over the electric fences difficult. Additionally, the electric fence
would be visible, providing a further deterrent. However, should primary fences be allowed to
be 16-feet tall, per this request, then that could potentially reduce the effectiveness of any
adjacent electric fence, since the two fences would be at the same height.
Further, no limitations on the materials of the fences and walls were imposed by the LRC. A
solid fence or wall could potentially be constructed up to 16 feet in height. This is the height of a
low single-story building. Depending on the proposed length of the fence or wall, this has the
potential to create a visual mass similar to a large single-story building from the street and
adjacent properties. This in turn, could potentially be aesthetically unappealing and detract from
the quality of development the City is attempting to attract through its development standards
and design guidelines.
As mentioned, the City recently approved the use of electrified fences in industrial areas up to 16
feet in height, thus providing a degree of security greater than a non-electrified fence of the same
height. If additional security beyond what a 16-foot tall electrified fence would provide is
requested, an applicant could install wrought iron with the top pointing out at a height of up to 12
feet, per the current Code standards. This would prevent climbing over the fence and still reduce
the massive appearance of a 16-foot tall solid fence and could be landscaped with thorny plants
(i.e., pyracantha, roses, etc.). This method would increase the security of the respective sites and
improve the sites' appearance.
Staff surveyed the development standards for San Bernardino County, 14 cities in the County,
and the cities of Riverside and Corona, to provide data regarding other jurisdictions' maximum
fence and wall height standards and requirements. Staff selected these jurisdictions, as they are
located adjacent to or near the City of San Bernardino and are similar to the City. The results of
this research are provided below.
Table 1 -Maximum Fence Height Standards
Jurisdiction Maximum Fence Height Standards
City of San Bernardino 8 feet(up to 12 feet to screen outdoor storage in industrial zones
when visible from public rights-of-way and when located behind
required yards)
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)
Updated: 11/28/2012 by Linda Sutherland C Packet Pg.13
6.A
2088
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 the proposal were to be allowed as proposed, San Bernardino Development Code Section
19.20.030(8)(C)(1)would be amended as follows:
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
7. 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 4-216' Industrial
Behind required yards
Electric fences (located behind a
Primary fence)
Within a setback area 10' Commercial/Industrial
Outside the setback area 16' Industrial
RECOMMENDATION
Close the hearing; and deny the request.
City Attorney Review:
Supporting Documents:
Updated: 11/28/2012 by Linda Sutherland C I Packet
6.A
2088
DCA 12-09 PC Stf Rpt (PDF)
ord 2088 (PDF)
Attachment 2 -Exhibit A to Ord (PDF) Packet Pg.15
Updated: 11/28/2012 by Linda Sutherland C
6A.a,
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 12-09
HEARING DATE: October 17, 2012
WARD: ALL
APPLICANT: City of San Bernardino
Contact: Tony Stewart,Deputy Director/City Planner
300 N. "D" Street
San Bernardino, CA 92418
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REQUEST AND LOCATION: oL
A request to amend San Bernardino Development Code Section 19.20.030(8)(C)(1), to allow 16-
foot tall fences and walls in the industrial land use districts.
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CONSTRAINTS/OVERLAYS:
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ENVIRONMENTAL FINDINGS: a)
® Exempt from CEQA
❑ No Significant Effect °
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings
and Statement of Overriding Considerations
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STAFF RECOMMENDATION:
❑ Approval
❑ Conditions
® Denial
n Continuance to:
® Recommend to Mayor and Common Council
Packet Pg. 6�,,
6.Aa ;
Development Code Amendment No, 12-09
October 17,2012
Page 2
ANALYSIS
On October 2, 2012, the Legislative Review Committee (LRC) met to consider a request by Ed
Bonadiman on behalf of Midnight Pick-A-Part (located at 701 N. Waterman Avenue) to amend
the Development Code to allow fences and walls of any materials up to 16 feet in height in the
industrial land use districts. The applicant submitted a tan-colored piece of corrugated metal as a
sample of the color and material proposed to be installed at the Midnight Pick-A-Part facility.
The proposed fence would consist of the solid, tan metal up to a height of eight feet, with an
additional eight feet of chain link fencing on top of the solid portion. The applicant is requesting
the additional fence height to further secure the facility.
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Currently, the maximum allowed height for all fence types in the industrial land use districts,
except electric fences, is 12 feet, which applies to outdoor storage areas seen from the public
right-of-way. Such fences must be located behind required yards. Electric fences can be up to
16 feet in height; however, such fences must be located behind a primary fence and be located u_
outside the required setback area.
When the 16-foot height was approved for electric fences by the Mayor and Common Council, it
was to allow additional height for the electric fences above the primary fences behind which the
electric fences would be located, to make climbing over the electric fences difficult.
Additionally, the electric fence would be visible, providing a further deterrent. However, should c
primary fences be allowed to be 16 feet tall per this request, then that could potentially reduce
the effectiveness of any adjacent electric fence, since the two fences would be at the same height.
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Moreover, if somebody were able to climb over the 16-foot tall primary fence, they would not
see the electric fence behind it, which could result in a hazardous situation upon contact with the
electric fence. a.
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Further, no limitations on the materials of the fences and walls were imposed by the LRC.
Therefore, a solid fence or wall could potentially be constructed up to 16 feet in height. This is
the height of a low single-story building. Depending on the proposed length of the fence or wall,
this has the potential to create a visual mass similar to a large single-story building from the
street and adjacent properties. This in turn, would potentially be aesthetically unappealing and
detract from the quality of development the City is attempting to attract through its development o
standards and design guidelines in that such fences could appear as massive as single-story
buildings, would potentially not provide articulation for long lengths of fencing, and could be
constructed of low quality and high maintenance materials such as wood or metal.
However, as noted above, the City has recently approved the use of electrified fences in
industrial areas up to 16 feet in height, thus providing a degree of security greater than a non-
electrified fence at a 16-foot height would provide. Therefore, if additional security beyond what
a 16-foot tall electrified fence would provide is requested, an applicant could install wrought iron
with the top pointing out at a height of up to 12 feet per the current Code standards (this would
prevent climbing over the fence and still reduce the massive appearance of a 16-foot tall solid
Packet Pg. 17
Development Code Amendment No, 12-09
October 17,2012
Page 3
fence) and/or landscaping with thorny plants (i.e., pyracantha, roses, etc.). Such methods would
increase the security of the respective sites and also improve the sites' appearance.
To subjectively provide data regarding other jurisdictions' maximum fence and wall height
standards, staff surveyed the development standards for San Bernardino County, 14 cities in the
County, and the cities of Riverside and Corona, to determine their fencing requirements. Staff
chose these jurisdictions, as they are located adjacent to, or near the City of San Bernardino (or
are located in San Bernardino County) and similar to the City, rather than being from outside the
area. The results of this research are provided below.
Table 1 —Maximum Fence Height Standards y
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Jurisdiction Maximum Fence Height Standards
MOM MIIMMVMMEN .
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.I'LL alALLS6;.' tams
Bi: Bear Lake No maximum noted a.
10 • p .oses if a..roved by D'
Chino Hills 6 feet for residential, 9 feet for non-residential uses ¢c.i
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colt 6 feet u. to 8 t if used for screening in industrial . ..
Corona 7 feet(8 feet for securi fences co
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Hesperia 6 feet u. to 12 feet if used for screenin l in industrial zones 1
Loma Linda 6 feet for residential, up to eight feet for non-residential if open c.)
(i.e.,wrou:ht iron a a,
On r :s. ➢ - N
Rancho Cucamonga 8 feet ¢
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Rialto 6 feet E
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San Bernardino County 10 feet a
6 feet
Victorville 6 feet(higher,with no max. specified around outdoor storage areas
If the proposal were to be allowed as proposed, San Bernardino Development Code Section
19.20.030(8)(C)(1)would be amended as follows:
cket Pg. 18
6.A.a
Development Code Amendment No, 12-09
October 17,2012
Page 4
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
7. 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 X16' Industrial
Behind required yards a)
Electric fences (located behind a
Primary fence)
Within a setback area 10' Commercial/Industrial
Outside the setback area 16' Industrial u_
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The LRC Members acknowledged staffs concerns; however, the two members present voted to
move the request forward to the Planning Commission with no objections to the request.
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FINDINGS OF FACT
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GENERAL PLAN AMENDMENT
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1. The proposed amendment is not consistent with the General Plan. a
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General Plan Land Use Policy 2.1.1 states: "Actively enforce development standards,
design guidelines, and policies to preserve and enhance the character of San Bernardino's
neighborhoods." o
The proposed amendment would potentially allow the construction of solid walls and
fences up to 16 feet in height,which has the potential to create an appearance of massive,
unarticulated single-story buildings. Further, there would be the potential to construct the co
fences and walls of low-quality, high-maintenance materials, such as wood or metal.
Therefore, the use of such fencing materials has the potential to be unattractive and
would not be consistent with the City's design guidelines nor preserve and enhance the
character of the City's neighborhoods.
2. The proposed amendment would be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
As noted in Finding 1, above, the installation of 16-foot tall walls and fences around
businesses in the City would negatively impact the aesthetic value of the surrounding
neighborhood and promote a negative image for the City. This Amendment would
IPacof�4
6.A.a
Development Code Amendment No, 12-09
October 17,2012
Page 5
potentially result in the placement of an electrified fence hidden behind a primary fence
of the same height, which could be a hazard if somebody climbed over the primary fence
and came into contact with the electrified fence. There would also be the potential for a
16-foot tall wall or fence to be constructed adjacent to property lines and/or along public
rights-of-way, which could have the same effect as constructing a single-story building
for a considerable length in some cases in these locations. Finally, the installation of 16-
foot tall walls and fences around businesses may be construed as a safety issue and set a
negative image for the City. Therefore,the proposed amendment would be detrimental to
the public interest,health, safety, convenience and welfare of the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section D,
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
as
FINANCIAL IMPACT
a)
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The City may be subject to litigation should a person be injured by coming into contact with an
electric fence that is completely hidden by a primary fence. As noted in Findings 1 and 2, above,
the installation of 16-foot tall fences and walls would generally set a negative aesthetic and c)
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safety image for a community. This in turn, could negatively impact property values and the
revenues collected by the City from the property taxes and any resulting loss of business by
patrons who choose not to conduct business in an area they feel is not safe.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council deny Development Code Amendment No. 12-09, based upon the Findings of Fact
contained herein.
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Respectfully Submitted,
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Tony Stewart, AICP
Deputy Director/City Planner
Approved for Distribution:
M. Margo Wheeler,AICP
Community Development Director
Attachment A LRC packet
I PacePg20 =Wl
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6.A.b
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION
3
19.20.030(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED
4 YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS.
5
WHEREAS, concerns have been raised by business owners in the City about break-ins and theft
6
of property,particularly when stored outside; and
7
WHEREAS,the current Development Code currently limits the height of non-electrified fencing
8
to a maximum of 12 feet in height when located behind required yards; and
9
WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030(8) will
10
allow fencing up to 16 feet in height when located behind required yards on properties in industrial land
11
use districts to provide for enhanced property security; and
12
WHEREAS, on October 17, 2012, the Planning Commission of the City of San Bernardino held o
13
a noticed public hearing to consider public testimony and the staff report regarding the request to allow
14
fences up to 16 feet in height on properties located within industrial land use districts; and
15 O0
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of N
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the proposed Ordinance was published in The Sun newspaper on November 21,2012 co
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN c
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BERNARDINO DO ORDAIN AS FOLLOWS:
21
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.
25
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
27 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.
I Packet Pg.21 I
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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 installation of fencing up to
16 feet in height as a deterrent to trespassers and theft.
4
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
0 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably d
foreseeable indirect physical change in the environment.
11
12 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase LL
13 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective o
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by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the a
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remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
15
declares that it would have adopted each section irrespective of the fact that any one or more c
16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
17 ineffective.
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I Packet Pg. 2
6.A.b I
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.
a 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:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ as
10 JENKINS
CD
11 VALDIVIA c
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12 SHORETT
KELLEY
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JOHNSON
14 MC CAMMACK
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17 Georgeann Hanna, City Clerk
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The foregoing Ordinance is hereby approved this day of , 2012.
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23 PATRICK J. MORRIS,Mayor
24 Approved as to form: City of San Bernardino
JAMES F. PENMAN
25 City Attorney
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6.
EXHIBIT A
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030
8. FENCES AND WALLS
TABLE 20.01
FENCES AND WALLS c
HEIGHT AND TYPE LIMITS =
a)
2. Commercial, Industrial and Institutional LL
Front yard or side of street yard 2'6" Solid structures rn
6' Open work structures 9'
Abutting residential district 8' Solid, decorative masonry wall a
Other yard area 8'
in
Outdoor storage areas visible 10' Commercial ••
from public rights-of-way(located 16' Industrial o
behind required yards
Electric fences (located behind a 12
primary fence),barbed wire,razor wire, o
r
or concertina wire: a
within a setback area 10' Commercial/Industrial r
outside the setback area 16' Industrial x
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