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HomeMy WebLinkAbout05.B- Community Development ORDINANCE (ID#2088) DOC ID: 2088 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 12/17/2012 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(FINAL READING) Financial Impact: There is no direct financial impact to the General Fund. Motion: Adopt the Ordinance. 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. Backeround• 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 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 Updated: 12/5/2012 by Linda Sutherland C Packet Pg. 11 2088 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) Corona 7 feet(8 feet for security fences) Fontana 8 feet Hesperia 1 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 Updated: 12/5/2012 by Linda Sutherland C 2088 (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: Sunnortin¢Documents: DCA 12-09 PC Stf Rpt (PDF) ord 2088 (PDF) Attachment 2 - Exhibit A to Ord (PDF) Updated: 12/5/2012 by Linda Sutherland C 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 a 300 N. "D" Street o San Bernardino, CA 92418 d U C d REQUEST AND LOCATION: o 0 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. a U ❑ CONSTRAINTS/OVERLAYS: N CL None. w U ENVIRONMENTAL FINDINGS: 0 N ® Exempt from CEQA a ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program ❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings E and Statement of Overriding Considerations z U STAFF RECOMMENDATION: ❑ Approval ❑ Conditions ® Denial ❑ Continuance to: ® Recommend to Mayor and Common Council O Packet Pg. 14 Development Code Amendment No, 12-09 October 17,1012 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. N L Currently, the maximum allowed height for all fence types in the industrial land use districts, .M 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 U 16 feet in height; however, such fences must be located behind a primary fence and be located ,W outside the required setback area. 0 N When the 16-foot height was approved for electric fences by the Mayor and Common Council, it a was to allow additional height for the electric fences above the primary fences behind which the o 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 o 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. a Moreover, if somebody ere able to climb over the 16-foot tall y 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 O 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 r street and adjacent properties. This in turn, would potentially be aesthetically unappealing and E detract from the quality of development the City is attempting to attract through its development standards and design guidelines in that such fences could appear as massive as single-story a 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 f prevent climbing over the fence and still reduce the massive appearance of a 16-foot tall solid 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 N r Jurisdiction Maximum Fence Height Standards P City of San Bernardino 8 feet (up to 12 feet to screen outdoor storage in industrial zones d when visible from public rights-of-way and when located behind re uired ards) � Big Bear Lake No maximum noted o Chino Up to 10 feet for security purposes if approved by Director Chino Hills 6 feet for residential, 9 feet for non-residential uses a U 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 N Hesperia 6 feet(up to 12 feet if used for screening in industrial zones) c Highland 6 feet w Loma Linda 6 feet for residential, up to eight feet for non-residential if open `n U (i.e., wrought iron) o. Ontario 6 feet q Rancho Cucamonga 8 feet Redlands 6 feet(up to 16 feet with a 10-foot setback and reviewing authority 0 approval) ° Rialto 6 feet Riverside 6 feet r San Bernardino County 10 feet w Upland 6 feet a 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: Packet Pg. 16 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 4-216' Industrial Behind required yards s Electric fences (located behind a Primary fence) _ Within a setback area 10' Commercial/Industrial c Outside the setback area 16' Industrial o� 0 N The LRC Members acknowledged staff s concerns; however, the two members present voted to a move the request forward to the Planning Commission with no objections to the request. o FINDINGS OF FACT 0 GENERAL PLAN AMENDMENT w 1. The proposed amendment is not consistent with the General Plan. U' U a m General Plan Land Use Policy 2.1.1 states: "Actively enforce development standards, N design guidelines, and policies to preserve and enhance the character of San Bernardino's neighborhoods." 0 The proposed amendment would potentially allow the construction of solid walls and v fences up to 16 feet in height,which has the potential to create an appearance of massive, s unarticulated single-story buildings. Further, there would be the potential to construct the m fences and walls of low-quality, high-maintenance materials, such as wood or metal. a 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 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(CEOA) N The proposed Development Code Amendment is exempt from CEQA pursuant to Section rn 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. m U C FINANCIAL IMPACT rn The City may be subject to litigation should a person be injured by coming into contact with an N electric fence that is completely hidden by a primary fence. As noted in Findings 1 and 2, above, a the installation of 16-foot tall fences and walls would generally set a negative aesthetic and o © 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 o patrons who choose not to conduct business in an area they feel is not safe. CL RECOMMENDATION w Staff recommends that the Planning Commission recommend that the Mayor and Common a Council deny Development Code Amendment No. 12-09, based upon the Findings of Fact o contained herein. N a Respectfully Submitted, o v E t Tony Stewart,AICP Deputy Director/City Planner a Approved for Distribution: M. Margo Wheeler,AICP Community Development Director Attachment A LRC packet Packet Pg. 18 S.B.b 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(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED 4 YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS. 5 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 current Development Code currently limits the height of non-electrified fencing 9 to a maximum of 12 feet in height when located behind required yards; and to WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030(8) will allow fencing up to 16 feet in height when located behind required yards on properties in industrial land z u d t2 use districts to provide for enhanced property security; and d LL 13 WHEREAS, on October 17, 2012, the Planning Commission of the City of San Bernardino held c a noticed public hearing to consider public testimony and the staff report regarding the request to allow a C is 15 . fences up to 16 feet in height on properties located within industrial land use districts; and o. WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of o 16 N 17 the proposed Ordinance was published in The Sun newspaper on November 21,2012 00 0 N 18 '2 O 19 c m NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN u 20 BERNARDINO DO ORDAIN AS FOLLOWS: 0 21 Q 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. 1 Packet Pg. 19 S.B.b I 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 a 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. Comoliance 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 H 10 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably W foreseeable indirect physical change in the environment. z n d v c 12 SECTION 5. Severability: If any section, subsection, subdivision, sentence,or clause or phrase a 13 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective q la by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the a i5 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby a declares that it would have adopted each section irrespective of the fact that any one or more o 16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or co 17 ineffective. o N 18 /// 'O 0 0 19 E 20 t 21 a 22 23 24 25 26 27 O 28 2 Packet Pg. 20 C1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION 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 s 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 s Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ " to JENKINS v t1 VALDIVIA v U 12 SHORETT v LL 13 KELLEY o JOHNSON 14 MC CAMMACK a U Is ° ° 16 ° N 17 wm Georgeann Hanna,City Clerk N 18 a 0 19 c m 20 The foregoing Ordinance is hereby approved this day of 2012. r 21 Q 22 23 PATRICK J. MORRIS,Mayor 24 Approved as to form: City of San Bernardino JAMES F.PENMAN 25 City Attorney 26 27 B OAA,CCg e- 28 7t"6 3 Packet Pg. 21 EXHIBIT A CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS 19.20.030 8. FENCES AND WALLS TABLE 20.01 FENCES AND WALLS rn HEIGHT AND TYPE LIMITS = d v 2. Commercial, Industrial and Institutional d 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 N Electric fences(located behind a o primary fence),barbed wire, razor wire, o or concertina wire: 0 within a setback area 10' Commercial/Industrial a outside the setback area 16' Industrial s x w N d E Q C d 14 PacketPg. 22