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HomeMy WebLinkAbout38- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment IN&. 94-07, Fence Standards Dept: Planning & Building Services Date: February 26, 1996 MCC Date: March 18, 1996 Synopsis of Previous Council Action: January 22, 1996 Continued to March 18, 1996. December 18, 1995 The Mayor and Common Council directed staff to revise the proposed ordinance to include other options. November 6, 1995 The Mayor and Common Council directed staff to prepare an ordinance. March 6, 1995 The Mayor and Common Council directed staff to initiate an amendment to the Development Code for specified modifications to the fence standard. Recommended Motion: That the first reading be waived and that the Ordinance which approves Development de Amendment No. 94-07 be laid over for final adoption. J/V (f Bou Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 3� 311tIq I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF MARCH 18, 1996 REQUEST A City initiated proposal to amend the text of Development Code Chapter 19.20, Section 19.20.030(8) "FENCES, WALLS AND HEDGES" to add several provisions to the fencing standards. 1 BACKGROUND On November 6, 1995, the proposed revisions to the fencing standards were reviewed by the Mayor and Common Council. Based on the discussion during the workshop, Planning staff was directed to prepare an Ordinance with provisions for low voltage pet fences and six (6) foot high open fencing (not chain link) in the front yard setback for large lot single family and multi- family residential developments. On December 18, 1995, the Mayor and Common Council continued the project to January 22, 1996 and directed staff to revise the proposed Ordinance to include provisions for chain link fencing in front yards in residential districts. Staff prepared an ordinance that included this provision (Option 3) and provided three additional options (Options 1, 2 and 4). On January 22, 1996, the Mayor and Common Council closed the public hearing and two motions were made to lay the ordinance over for final adoption (Options 2 and 4, respectively). Both motions failed resulting in a continuance to the March 18th Mayor and Common Council meeting. The Mayor and Common Council Staff Reports (previously distributed) for January 22, 1996, December 18, 1995 and November 6, 1995 contain further background information on the project, including the survey of the requirements of surrounding jurisdictions. ENVIRONMENTAL DETERMINATION Staff has evaluated the proposed options and determined that they are exempt from CEQA pursuant to the CEQA Guidelines §15061(b)(3) which states that CEQA only applies to projects and/or activities which have the potential for causing a significant effect on the environment. The proposed options do not have the potential to result in any significant effects on the environment. Development Code Amendment No. 94-07 Mayor and Common Council Meeting of March 18, 1996 Page 2 A SUMMARY OF THE OPTIONS FOR CHAIN LINK FENCING At the January 22, 1996 Mayor and Common Council meeting, staff proposed the following options: 1. Permit a maximum of 4 feet of chain link fencing for single family uses in front yards and side street yards in the RS, Residential Suburban and RU, Residential Urban land use designations, only; (Exhibit 2) 2. Permit a maximum of 4 feet of chain link fencing for single family uses in front yards and side street yards in the RS, Residential Suburban and RU, Residential Urban land use designations south of Highland Avenue, only; and, (Exhibit 3) 3. Permit a maximum of 4 feet of chain link fencing for single family and multi-family uses in front yards and side street yards in all residential land use designations. (Exhibit 4) 4. Permit a maximum of 4 feet of chain link fencing for single family uses in front yards and street side yards in all residential land use designations. (Exhibit 5) Note: All options include the provisions for low voltage pet fencing and open (non-chain link) fencing in the front yard setback for large lot single family and multi-family developments. STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council approve Option 1 or Option 4, based on the attached Findings of Fact (Exhibit 1). Prepared by: Deborah Woldruff, Associate Planner Prepared for: Al Boughey, AICP Director of Planning and Building Services EXHIBITS 1. Findings of Fact 2. Ordinance - Option 1 3. Ordinance - Option 2 4. Ordinance - Option 3 5. Ordinance - Option 4 Note: All ordinances were previously distributed, but are attached here for convenience in reviewing the options. EXHIBIT 1 DEVELOPMENT CODE AMENDMENT NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF MARCH 18, 1996 PAGE 1 DEVELOPMENT CODE AMENDMENT NO. 94-07 FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that it would provide security for property owners in the RS, Residential Suburban and RU, Residential Urban land use designations and security and visual enhancement for large lots (as specified) in single-family and multi-family land use designations and, also would provide added security for such properties. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposal is to amend the text of the Development Code to permit chain link, to allow low voltage pet fences in residential districts not accessible to the public, and to permit open work fencing for specified large lots in the single-family residential land use designations and for multi-family developments of 5 or more units in the multi-family land use designations which would provide security and visual enhancement to such properties. EXHIBIT 2 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19. 20, SECTION 19.20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20. 030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is amended to renumber the 8 footnotes and to add language to the footnotes to allow greater 9 height for fencing in residential front yards as permitted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111 , Development Code Page III-6, a copy of which 12 is attached hereto and incorporated herein by reference) . 13 SECTION 2. Section 19. 20. 030 (8) (B) , Subsection (1) of the 14 Municipal Code (Development Code) is amended to allow low voltage 15 pet fences in residential districts as shown on Attachment "A-2" 16 (see Attachment "A-211, Development Code Page III-7, a copy of which 17 is attached hereto and incorporated herein by reference) . 18 SECTION 3. Section 19.20. 030 (8) (C) of the Municipal Code 19 (Development Code) is amended to add Subsection (5) to permit chain 20 link fencing at the property line for single-family uses in the RS, 21 Residential Suburban and RU, Residential Urban land use 22 designations as shown on Attachment "A-2" (see Attachment "A-211 , 23 Development Code Page III-7, a copy of which is attached hereto and 24 incorporated herein by reference) . 25 SECTION 4. Section 19.20.030 (8) (0) , Subsections (1) 26 through (6) of the Municipal Code (Development Code) is amended to 27 renumber the Subsections as shown on Attachments "A-2" and "A-3" 28 (see Attachment "A-211 , Development Code Page III-7 and Attachment 1 1 (see Attachment "A-211, Development Code Page III-7 and Attachment 2 "A-311, Development Code Page III-8, copies of which are attached 3 hereto and incorporated by reference) . 4 SECTION S. Section 19.20.030(8) of the Municipal Code 5 (Development Code) is amended to add Subsections (F) (1) and (2) , 6 titled "Large Lot Single and Multi-family Residential Fencing 7 Standards" to allow to allow a maximum of six foot high open 8 fencing with three feet of landscaping in the front yard setback 9 for large lots in the single-family and multi-family land use 10 designations as shown on Attachment "A-3" (see Attachment "A-311, 11 Development Code Page III-8, a copy of which is attached hereto and 12 incorporated herein by reference) . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 I AN ORDINANCE. . .AMENDING CHAPTER 19.20, SECTION 19.20.030(8) , "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE 2 (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 day of 1996, by the following vote, to 7 wit: 8 Council Members: AYES NAYS, ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 Rachel Clark, City Clerk 18 The foregoing ordinance is hereby approved this day 19 of , 1996. 20 21 Tom Minor, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: - 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 3 ATTACHMENT "A-1" TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LEMHS DISTRICTS MAIIIMUM PERMITTED HEIGHT() 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard)a) 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial. Industrial and Institutional 2'6" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts - Traffic Safety Site Area 216" 4. Public Right-of-Way 8' 5. Hillside Management Overlay - Retaining Walls Uphill slope 8' Down slope 316" Lots sloping with the street 316" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non-combustible materials only A-(1) The limitations shall not apply in the following instances: 4- a. Where a greater height is required or permitted by any other provision of the Municipal Code; or 2 b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. -3-.(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F)of this Development Code. HI-6 ATTACEMMNT "A-2" 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LMETS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a comer lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial, and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. Chain link fencing is permitted at the property line for single-family uses in the RS, Residential Suburban, and RU, Residential Urban, land use designations[(except as specified by §19.20.030(8)(F)J. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 ATTACHMENT "A-3" 6. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 D. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall. E. RESIDENTIAL FENCINGIWALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINGd.E AND JIM77-FAMILYRESIDEN774L FENCING STANDARDS 1. In single-family designated areas, a maximum of 6 feet high open fencing other than drain link is permitted at the front property line for single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8)of this Development Code. 2. In multi family designated areas, a maximum of 6 feet high open fencing other than drain link is permitted at the front property line for multifamily residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8)of this Development Code. III$ EXEnIT 3 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19.20.030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20. 030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is amended to renumber the 8 footnotes and to add language to the :footnotes to allow greater 9 height for fencing in residential front yards as pe itted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111, Development Code Page III-6, a copy of which 12 is attached hereto and incorporated herein by reference) . 13 SECTION 2 . Section 19. 20. 030 (8) (B) , Subsection (1) of the 14 Municipal Code (Development Code) is ame 15 ded to allow low voltage pet fences in residential districts as : shown on Attachment "A-2" (see Attachment "A-211 , Development Co4 Page III-7 , a copy of which 16 17 is attached hereto and incorporated herein by reference) . 18 SECTION 3. Section 19 .20. 030 (8) (C) of the Municipal Code 19 (Development Code) is amended to add Subsection (5) to permit chain 20 link fencing at the property line for single-family uses in the RS, 21 Residential Suburban and RU, Residential Urban land use 22 designations south of Highland Avenue as shown on Attachment "A-2" 23 (see Attachment "A-211 , Development Code Page III-7, a copy of which 24 is attached hereto and incorporated herein by reference) . 25 SECTION 4. Section 19 . 20. 030 (8) (0) , Subsections (1) 26 through (6) of the Municipal Code (Development Code) is amended to 27 renumber the Subsections as shown on Attachments "A-2" and "A-3" 28 (see Attachment "A-211 , Development Code Page III-7 and Attachment 1 1 "A-311 , Development Code Page III-8, copies of which are attached 2 3 hereto and incorporated by reference) . 4 SECTION S. Section 19.20.030 (8) of the Municipal Code (Development Code) is amended to add Subsections (F) (1) and (2) , 5 6 titled "Large Lot Single and Multi-family Residential Fencing 7 Standards" to allow to allow a maximum of six foot high open 8 fencing with three feet of landscaping in the front yard setback for large lots in the single-family and multi-family land use 9 designations as shown on Attachment "A-3" (see Attachment "A-311, 10 Development Code Page III-8, a copy of which is attached hereto and 11 incorporated herein by reference) . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 AN ORDINANCE. . .AMENDING CHAPTER 19.20, SECTION 19.20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN 3 RESIDENTIAL DISTRICTS. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 5 by the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the 7 day of 1996, by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ _ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 Rachel Clark, City Clerk 19 The foregoing ordinance is hereby approved this day 20 of , 1996. 21 22 Tom Minor, Mayor City of San Bernardino 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 3 TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LIMITS DISTRICTS MAXIMUM PERMITTED HEIGHTn, 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard)() 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage0) 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial. Industrial and Institutional 2'6" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts -Traffic Safety Site Area 216" 4. Public Right-of--Way 8' 5. Hillside Management Overlay - Retaining_Walls Uphill slope 8' Down slope 316" Lots sloping with the street 316" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non-combustible materials only AL-(1) The limitations shall not apply in the following instances: 4� a. Where a greater height is required or permitted by any other provision of the Municipal Code; or 2: b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. -3-.(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F)of this Development Cade. IH-6 f.H 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LIMITS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a comer lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial, and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all. property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. Chain link fencing is permitted at the property line for single family uses in the RS, Residential Suburban, and RU, Residential Urban, land use designations south of Highland Avenue [(except as specified by §19.20.030(8)(F)J. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 6. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 D. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall. E. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINGLE AND MULTI-FAMILY RESIDENTIAL FENCING STANDARDS 1. In single-family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant.to Section 19.28.030(8)of this Development Code. 2. In multi family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for multi family residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. III-8 EXHIBIT 4 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19 . 20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20.030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is amended to renumber the 8 footnotes and to add language to the footnotes to allow greater 9 height for fencing in residential front yards as permitted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111, Development Code Pag III-6, a copy of which 12 is attached hereto and incorporated herei by reference) . 13 SECTION 2. Section 19.20. 030(8) (B) , Subsection (1) of the 14 Municipal Code (Development Code) is amended to allow low voltage 15 pet fences in residential districts as shown on Attachment "A-2" 16 (see Attachment "A-211 , Development Code Page III-7, a copy of which 17 is attached hereto and incorporated herein by reference) . 18 SECTION 3. Section 19 . 20. 030 (8) (C) of the Municipal Code 19 (Development Code) is amended to add Subsection (5) to permit chain 20 link fencing at the property line in all residential land use 21 designations as shown on Attachment "A-2" (see Attachment "A-211, 22 Development Code Page III-7, a copy of which is attached hereto and 23 incorporated herein by reference) . 24 SECTION 4. Section 19.20. 030 (8) (C) , Subsections (1) 25 through (6) of the Municipal Code (Development Code) is amended to 26 renumber the Subsections as shown on Attachments "A-2" and "A-3" 27 (see Attachment "A-211 , Development Code Page III-7 and Attachment 28 "A-3" , Development Code Page III-8 , copies of which are attached 1 1 hereto and incorporated by reference) . 2 SECTION S. Section 19. 20. 030 (8) of the Municipal Code 3 (Development Code) is amended to add Subsections (F) (1) and (2) , 4 titled "Large Lot Single and Multi-family Residential Fencing 5 Standards" to allow to allow a maximum of six foot high open 6 fencing with three feet of landscaping in the front yard setback 7 for large lots in the single-family and multi-family land use 8 designations as shown on Attachment "A-3" (see Attachment "A-311, 9 Development Code Page III-8, a copy of which is attached hereto and 10 incorporated herein by reference) . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 J 1 AN ORDINANCE. . .AMENDING CHAPTER 19.20, SECTION 19. 20.030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE 2 (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 7 day of _ 1996, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 f MILLER 16 17 Rachel Clark, City Clerk 18 The foregoing ordinance is hereby approved this day 19 of 1996. 20 21 Tom Minor, Mayor 22 City, of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 3 TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LIMITS DISTRICTS MAXIMUM PERMITTED HEIGHV) 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard) 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial. Industrial and Institutional 2'6" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts-Traffic Safety Site Area 216" 4. Public Right-of-Way 8' 5. Hillside Management Overlay Retaining Walls Uphill slope 8' Down slope 306" Lots sloping with the street 316" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non-combustible materials only lh-(1) The limitations shall not apply in the following instances: 4: a. Where a greater height is required or permitted by any other provision of the Municipal Code; or b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. -3-.(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F) of this Development Code. 1( 1-6 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LIMITS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a comer lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest b feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial, and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. Chain link fencing is permitted at the property line in all residential land use designations. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 6. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 D. WALT, DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall. E. RESIDENTIAL FENCINGIWALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINGLE AND MULTI-FAMILY RESIDENTIAL FENCING STANDARDS 1. In single-family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line fur single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. 2. In multi family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for multifamily residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. III-8 EXHIBIT 5 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20, SECTION 19.20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20. 030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is amended to renumber the 8 footnotes and to add language to the footnotes o allow greater 9 height for fencing in residential front yards as permitted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111, Development Code Page III-6, a copy of which 12 is attached hereto and incorporated herein by reference) . 13 SECTION 2 . Section 19 . 20. 030 (8) (B) , Subsection (1) of the 14 Municipal Code (Development Code) is amended to allow low voltage 15 pet fences in residential districts/as shown on Attachment "A-2" 16 (see Attachment "A-211 , Development Code Page III-7, a copy of which 17 is attached hereto and incorporated herein by reference) . 18 SECTION 3. Section 19.20. 030 (8) (C) of the Municipal Code 19 (Development Code) is amended to add Subsection (5) to permit chain 20 link fencing at the property line for single-family uses in all 21 residential land use designations as shown on Attachment "A-2" (see 22 Attachment "A-211 , Development Code Page III-7, a copy of which is 23 attached hereto and incorporated herein by reference) . SECTION 4. Section 19.20. 030 (8) (C) , Subsections (1) 24 25 through (6) of the Municipal Code (Development Code) is amended to 26 renumber the Subsections as shown on Attachments "A-2" and "A-3" 27 (see Attachment "A-211 , Development Code Page III-7 and Attachment 28 "A-311 , Development Code Page III-8, copies of which are attached 1 1 hereto and incorporated by reference) . 2 3 SECTION 5. Section 19.20. 030 (8) of the Municipal Code (Development Code) is amended to add Subsections (F) (1) and (2) , 4 titled "Large Lot Single and Multi-family Residential Fencing 5 Standards" to allow to allow a maximum of six foot high open 6 fencing with three feet of landscaping in the front yard setback 7 for large lots in the single-family and multi-family land use 8 designations as shown on Attachment "A-3" (see Attachment "A-311, 9 Development Code Page III-8 a copy of which is attached hereto and 10 incorporated herein by reference) . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 r 1 AN ORDINANCE. .AMENDING CHAPTER 19.20, SECTION 19.20. 030(8) , "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE 2 (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 day of IT 1996, by the following vote, to 7 wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 Rachel Clark, City Clerk 18 The foregoing ordinance is hereby approved this day 19 of 1996. 20 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: - 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 3 TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LLWrS DLS"MCTS MAXIMUM PERMITTED HEIGHTn' 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard)m 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial, Industrial and Institutional 2'6" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts - Traffic Safety Site Area 2'6" 4. Public Right-of-Way 8' 5. Hillside Management Overlay Retaining Walls Uphill slope 8' Down slope 316" Lots sloping with the street 3'6" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non-combustible materials only A-(1) The limitations shall not apply in the following instances: 4- a. Where a greater height is required or permitted by any other provision of the Municipal Code; or 2- b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. 3`(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F)of this Development Code. M-6 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LIMITS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a comer lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial, and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. Chain link fencing is permitted at the property line for single family uses in all residential land use designations. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 6. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 D. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall. E. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINQ_E AND MUL77-FAMILY RESIDENTTAL FENCING STANDARDS 1. In single family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. 2. In multifamily designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for multi family residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8)of this Development Code. III-8 10MIA 17- G�NT� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 94-07, Fence Standards Dept: Planning & Building Services Date: January 10,1996 MCC Date: January 22, 1996 Synopsis of Previous Council Action: On March 6, 1995, the Mayor and Common Council directed staff to initiate an amendment to the Development Code for specified modifications to the fence standard. On November 6, 1995, the Mayor and Common Council directed staff to prepare an ordinance for the December 4, 1995 meeting. On December 18, 1995, the Mayor and Common Council directed staff to revise the proposed ordinance for the January 22, 1996 meeting. Recommended Motion: That the Mayor and Common Council close the public hearing and adopt the ordinance which approves Development Code Amendment No. 94-07. Al Bou Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Z �� Agenda Item N . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF JANUARY 22, 1996 REQUEST A City initiated proposal to amend the text of Development Code Chapter 19.20, Section 19.20.030(8) "FENCES, WALLS AND HEDGES" to add several provisions to the fencing standards. BACKGROUND On November 6, 1995, the proposed revisions to the fencing standards were reviewed by the Mayor and Common Council. Based on the discussion during the workshop, Planning staff was directed to prepare an Ordinance with provisions for low voltage pet fences and six (6) foot high open fencing (not chain link) in the front yard setback for large lot single-family and multi- family residential developments. On December 18, 1995, the Mayor and Common Council continued the project to January 22, 1996 and directed staff to revise the proposed Ordinance to include provisions for chain link fencing at the property line pending adherence to height requirements relative to setback areas in residential districts. The proposed Findings (Exhibit 1) and Ordinance (Exhibit 2) have been revised to include the provisions for chain link fencing. The Mayor and Common Council Staff Reports (previously distributed) for December 18, 1995 and November 6, 1995 contain further background information on the project. ENVIRONMENTAL DETERMINATION Staff has evaluated the proposed Development Code Amendment and determined that it is exempt from CEQA pursuant to the CEQA Guidelines §15061(b)(3) which states that CEQA only applies to projects and/or activities which have the potential for causing a significant effect Development Code Amendment No. 94-07 Mayor and Common Council Meeting of January 22, 1996 Page 2 on the environment. The proposed amendment does not have the potential to result in any significant effects on the environment. OPTIONS FOR CHAIN LINK FENCING There is a perception held by residents that increased fencing height combined with chain link fencing material provides security. However, the combination of the two often gives properties the appearance of individual compounds or fortresses. One the purposes of zoning is to protect and preserve neighborhoods by setting standards for development. Maintaining these standards helps lead to attractive neighborhoods that provide safe environs for inhabitants. An added benefit is that property values are protected, as well. Neighborhoods that appear to be deteriorating usually experience decreased property values and increased blight. Based on this, staff proposes the following options: 1. Permit a maximum of 4 feet of chain link fencing for single-family uses in front yards and side street yards in the RS, Residential Suburban and RU, Residential Urban land use designations, only; 2. Permit a maximum of 4 feet of chain link fencing for single-family uses in front yards and side street yards in the RS, Residential Suburban and RU, Residential Urban land use designations south of Highland Avenue, only; and, 3. Permit a maximum of 4 feet of chain link fencing in front yards and side street yards in all residential land use designations. Option Nos. 1 and 2 would allow chain link fencing in the RS and RU designations for single- family residential uses. This would preclude allowing chain link fencing in multi-family designations in the front and street side yards. Option No. 2 would limit the use of chain link fencing to some of the City's older single-family residential neighborhoods designated RS and RU in areas south of Highland Avenue. Option No. 3 is not preferred because it would allow chain link fencing in multi-family residential neighborhoods in the front and street side yards. As discussed, chain link fencing with increased heights is often cited as having a negative effect on the economic stability and overall well-being of multi-family neighborhoods. Development Code Amendment No. 94-07 Mayor and Common Council Meeting of January 22, 1996 Page 3 The effect of chain link fencing in multi-family neighborhoods generally is to give properties an institutional appearance that may not be appropriate or compatible with architectural or landscape designs or the character of the area. SUNRISE VILLAGE FENCING SURVEY On December 22, 1995, staff conducted a survey of the existing fence heights and materials in the Sunrise Village neighborhood. The survey results indicate that the majority of properties in the area are fenced with either wrought iron, masonry, wood or combinations of the three types of materials. The fencing is generally six feet high and setback to the building face. There are very few properties with six foot high fences placed at the property line and very little use of chain link fencing material. As a result, staff feels that no additional changes to the fence height standards in multi-family designations are necessary. (See Exhibit 3, Sunrise Village Fencing Survey) STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council approve the Development Code Amendment (DCA No. 94-07) based on the attached Findings of Fact (Exhibit 2) and adopt the Ordinance (Exhibit 3) which includes the following provisions: 1. Permit chain link fencing at a maximum height of four feet in front yards and side street yards for single-family uses in the RU, Residential Urban and RS, Residential Suburban land use designations; 2. Allow low voltage pet fences not accessible to the public in all residential land use designations; and, 3. Permit open work fencing (not chain link) to a maximum height of six feet with three feet of landscaping for specified large lots in single-family and multi-family residential land use designations. Prepared by: Deborah Woldruff, Associate Planner Prepared for: Al Boughey, AICP, Director of Planning and Building Services Development Code Amendment No. 94-07 Mayor and Common Council Meeting of January 22, 1996 Page 4 EXHIBITS 1. Findings of Fact 2. Ordinance 3. Sunrise Village Fencing Survey EXHIBIT 1 DEVELOPMENT CODE AMENDMENT NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF JANUARY 22, 1996 PAGE 1 DEVELOPMENT CODE AMENDMENT NO. 94-07 FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that it would provide security for property owners in the RS, Residential Suburban and RU, Residential Urban land use designations and security and visual enhancement for large lots (as specified) in single-family and multi-family land use designations and, also would provide added security for such properties. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposal is to amend the text of the Development Code to permit chain link fencing for single-family uses at a maximum of four feet in height in the front yard and street side yard in the RS, Residential Suburban and RU, Residential Urban land use designations, to allow low voltage pet fences not accessible to the public in residential districts, and to permit open work fencing to a maximum height of six feet with three of landscaping for specified large lots in the single-family residential land use designations and for multi-family developments of 5 or more units in the multi-family land use designations which would provide security and visual enhancement to such properties. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19. 20, SECTION 19. 20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS . 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20. 030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is amended to renumber the 8 footnotes and to add language to the footnotes to allow greater 9 height for fencing in residential front yard/as permitted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111 , Development Code Page III-6, a copy of which 12 is attached hereto and incorporated herein by reference) . 13 SECTION 2. Section 19 . 20. 030 (8) (C) , Subsection (2) of the 14 Municipal Code (Development Code) is amended to delete the 15 provisions for chain link fencing i residential land use districts as shown on Attachment "A-2" (sWe Attachment "A-211 , Development 16 17 Code Page III-7 , a copy of which is attached hereto and 18 incorporated herein by reference) . 19 SECTION 3. Section 19. 20. 030 (8) (C) of the Municipal Code 20 (Development Code) is amended to add Subsection (5) to permit chain 21 link fencing at the property line for single-family uses in the RS, 22 Residential Suburban nd RU, Residential Urban land use 23 designations as shown o Attachment "A-2" (see Attachment "A-211 , 24 Development Code Page III-7, a copy of which is attached hereto and 25 incorporated herein by reference) . 26 SECTION 4. Section 19. 20. 030 (8) (C) , Subsections (1) 27 through (6) of the Municipal Code (Development Code) is amended to 28 renumber the Subsections as shown on Attachments "A-2" and "A-3" 1 1 (see Attachment "A-211 , Development Code Page III-7 and Attachment 2 "A-311 , Development Code Page III-8, copies of which are attached 3 hereto and incorporated by reference) . 4 SECTION S. Section 19 .20.030 (8) of the Municipal Code 5 (Development Code) is amended to add Subsections (F) (1) and (2) , 6 titled "Large Lot Single and Multi-family Residential Fencing 7 Standards" to allow to allow a maximum of six foot high open 8 fencing with three feet of landscaping in the front yard setback 9 for large lots in the single-family and multi-family land use 10 designations as shown on Attachment "A-3" (see Attachment "A-311, 11 Development Code Page III-8, a copy of which is attached hereto and 12 incorporated herein by reference) . 13 14 15 16 17 18 19 20 21 22 a 23 24 25 26 27 28 2 1 AN ORDINANCE. . .AMENDING CHAPTER 19.20, SECTION 19.20. 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE 2 (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 day of 1996, by the following vote, to 7 wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 Rachel Clark, City Clerk 18 The foregoing ordinance is hereby approved this day 19 Of , 1996. 20 21 Tom Minor, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 3 #.a ATTACHMENT "A-111 TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LIMITS DISTRICTS MAXIMUM PERMITTED HEIGHT') 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard)(Z) 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage(') 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial, Industrial and Institutional 2'6" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts - Traffic Safety Site Area 216" 4. Public Right-of-Way 8' 5. Hillside Management Overlay - Retaining Walls Uphill slope 8' Down slope 316" Lots sloping with the street 316" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay- Fences and Walls Constructed with non-combustible materials only A—(1) The limitations shall not apply in the following instances: a. Where a greater height is required or permitted by any other provision of the Municipal Code; or b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. 3.(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F)of this Development Code. 111-6 ATTACHMENT "A-2" 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LIMITS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a comer lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial, and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. Chain link fencing is permitted at the property line for single-family uses in the RS, Residential Suburban, and RU, Residential Urban, land use designations[(except as specified by §19.20.030(8)(F)J. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 i ATTACHMENT "A-3" 6. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 D. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet of continuous wall. E. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINGLE AND MUL77-FAMILY RESIDENTIAL FENCING STANDARDS 1. In single-family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. 2. In multi family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for multi family residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8) of this Development Code. III-8 EXHIBIT 3 DEVELOPMENT CODE AMENDMENT NO. 94-07 SUNRISE VILLAGE FENCING SURVEY (December 22, 1995) I. SURVEY INFORMATION The survey included 180 multi-family properties which contain four attached units (fourplexes) each and focused on fencing in the front and street side yards. H. FENCE HEIGHTS A. Greater Than 4 Feet: Property Line = 8* Building Setback = 107 B. 4 Feet Or Less: Property Line = 1 Building Setback = 30 C. Mixed Heights: Property Line = 0 Building Setback = 11 D. No Visible Fencing: 24 Total: 181* HI. FENCE MATERIALS A. Wrought Iron: 40 B. Block/Brick: 22 C. Wood: 18 EXHIBIT 3 DEVELOPMENT CODE AMENDMENT NO. 94-07 Sunrise Village Fencing Survey (Continued) December 22, 1995 Page 2 D. Chain Link: 7** E. Wrought Iron/Wood: 5 F. Wrought Iron/Block/Brick: 34 G. Wrought Iron/Chain Link: 1 H. Block/Brick/Wood: 4 I. Chain Link/Block/Brick: 24 J. Chain Link/Wood: 1 K. No Visible Fencing: 24 Total: 180 Notes: * A corner property has been counted twice under II.A. because it has a six foot fence at the building setback in the front and an additional six foot fence at the property line on the street side. ** Two properties have six foot height chain link fencing placed at the property line on a temporary basis while the units are undergoing renovation. TO:THE MAYOR AND COUNCIL MEMBERS DATE 01/17/96 SUBJECT: FENCE HEIGHT ARDEN GUTHRIE CURRENT ORDINANCE REQIURES THE FENCE TO GO ONLY TO END OF THE BUILDING AND NOT TO BE OVER 4 FEET IN HEIGHT IN THE FRONT OF THE PROPERTY. DUE TO SECURITY ISSUES IN THE ARDEN GUTHIE AREA THE FENCE SHOULD BE ALLOWED TO EXTEND OUT TO PROPERTY LINE AND A HEIGHT ALLOWANCE OF 5 TO 6 FEET. OWNERS AND TENNANTS AND HAVE COME TO EXPRESS THEIR CONCERN ABOUT THIS ISSUE. WE ARE ALL IN AGREEMENT THAT A FENCE CONFIGURED IN THIS WAY WOULD HELP A LOT TO DETER A LOT OF CRIME AND OTHER NUISANCE ISSUES SUCH AS ABANDONED VIEHICLES ATTACHED ARE SOME PICTURES OF THE PROPERTIES THAT HAVE A FENCE CONFIGURED OUT TO THE PROPERTY LINE AND ARE 5 TO 6 FEET IN HEIGHT. THE OWNERS AND TENNANTS HAVE A MUCH EASIER TIME MAINTAINING THE NEAT APPEARANCE OF THE YARD. AND VANDELISM IS GREATLY DEMINISHED. AND AT THE SAME TIME THESE FENCES THEMSELVES ARE VERY ATTRACTIVE . WILLIAM GOINES 219519 TH STREET SAN BERNARDINO w - - f LLu C7� Xf .I.r H� e i � y a n MAE !!�► 414, dr r 3 fA�� ` parr+:ate AMNON EMIL Ilk maw ar. man �.t� .• �yy ��wyr 0 srur►"�!'�y rrivaaaaws w y. I A ' �M. I I t'y^ + i k p loll �W. 1�1 Air �1 AMC7 111 A f "4 1 � CC 1� 0 t 1} pzxo CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 94-07, Fence Standards Dept: Planning & Building Services Date: November 22, 1995 MCC Date: December 18, 1995 Synopsis of Previous Council Action: On March 6, 1995, the Mayor and Common Council directed staff to initiate an amendment to the Development Code for specified modifications to the fence standard. On November 6, 1995, the Mayor and Common Council directed staff to prepare an ordinance for the December 4, 1995 meeting. N0 030'`5 PP! ''z 2' Recommended Motion: That the Mayor and Common Council close the public hearing and adopt the ordinance which approves Development Code Amendment No. 94-07. ughey Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ZLL- 4*0?r- Agenda Item No AF/f, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 18, 1995 REQUEST A City initiated proposal to amend the text of Development Code Chapter 19.20, Section 19.20.030(8) "FENCES, WALLS AND HEDGES" to add several provisions to the fencing standards. BACKGROUND The proposed revisions to the fencing standards were reviewed by the Mayor and Common Council at their November 6, 1995 meeting. Based on the discussion during the workshop, Planning staff was directed to prepare an Ordinance with provisions for low voltage pet fences and six (6) foot high open fencing (not chain link) in the front yard setback for large lot single- family and multi-family residential developments. The November 6, 1995 Mayor and Common Council Staff Report (previously distributed) contains further background information on the project. ENVIRONMENTAL DETERMINATION Staff has evaluated the proposed Development Code Amendment and determined that it is exempt from CEQA pursuant to the CEQA Guidelines §15061(b)(3) which states that CEQA only applies to projects and/or activities which have the potential for causing a significant effect on the environment. The proposed amendment does not have the potential to result in any significant effects on the environment. Development Code Amendment No. 94-07 Mayor and Common Council Meeting of December 18, 1995 Page 2 STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council approve the Development Code Amendment (DCA No. 94-07) based on the attached Findings of Fact (Exhibit 2) and adopt the Ordinance (Exhibit 3). Prepared by: Deborah Woldruff, Associate Planner Prepared for: Al Boughey, AICP, Director of Planning and Building Services EXHIBITS 1. Findings of Fact 2. Ordinance EXHIBIT 1 DEVELOPMENT CODE AMENDMENT NO. 9407 MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 18, 1995 PAGE 1 DEVELOPMENT CODE AMENDMENT NO. 9407 FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that it would provide security for pet owners in residential districts and visual enhancement for large lots in single-family and multi-family land use designations and, also would provide added security for such properties. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposal is to amend the text of the Development Code to allow low voltage pet fences not accessible to the public and to allow open work fencing to a maximum height of six feet with three of landscaping in the single-family and multi-family land use designations which would provide visual enhancement and security to such properties. I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19 . 20, SECTION 19 . 20 . 030 (8) , "FENCES, WALLS AND HEDGES" OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19 . 20. 030 (8) (A) , Table 20. 01 of the 7 Municipal Code (Development Code) is; amended to renumber the 8 footnotes and to add language to the footnotes to allow greater 9 height for fencing in residential front yards as permitted by any 10 other provision of the Municipal Code as shown on Attachment "A-1" 11 (see Attachment "A-111 , Development Code Page .-111-6, a copy of which 12 is attached hereto and incorporated herein by reference) . 13 SECTION 2 . Section 19 . 20 . 030 (8) (C) , Subsection (1) of the 14 Municipal Code (Development Code) is amended to allow low voltage 15 pet fences as shown on Attachment "A-2" (see Attachment "A-211 , 16 Development Code Page III-7, a copy of which is attached hereto and 17 incorporated herein by reference) . 18 SECTION 3 . Section 19 . 20. 030 (8) (C) , Subsections (1) 19 through (5) of the Municipal Code (Development Code) is amended to 20 renumber the Subsections as shown on Attachment "A-2" (see Attachment "A-211 , Development Code Page III-7 , a copy of which is 21 ) attached hereto and incorporated by reference) . 22 23 SECTION 4. Section 19 . 20. 030 (8) of the Municipal Code 24 (Development Code) is amended to add Subsections (F) (1) and (2) , 25 titled "Large Lot Single and Multi-family Residential Fencing 26 Standards" to allow a maximum of six foot high open fencing with 27 three feet of landscaping in the front yard setback for large lots 28 in the single-family and multi-family land use designations as 1 1 shown on Attachment "A-3" (see Attachment "A-311 , Development Code 2 Page III-8 , a copy of which is attached hereto and incorporated 3 herein by reference) . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 j AN ORDINANCE. . .AMENDING CHAPTER 19.20, SECTION 19. 20. 030 (8) , FENCES, WALLS AND HEDGES" OF THE SAN BERNARDINO MUNICIPAL CODE 2 (DEVELOPMENT CODE) PERTAINING TO SPECIFIED FENCING STANDARDS IN RESIDENTIAL DISTRICTS. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the 6 day of 1995, by the following vote, to 7 wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE _ 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 Rachel Clark, City Clerk 18 The foregoing ordinance is hereby approved this day 19 of 1995. 20 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: , 27 28 3 ATTACHMENT "A-1" TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LIMITS DISTRICTS MAXIMUM PERMITTED HEIGHTM 1. Residential Front yard or side of street yard (not including the 3' Solid structures or plants rear yard)(2) 4' Open work structures or plants (must permit the passage of a minimum of 90% of light) Lots with minimum 100 feet of lineal frontage(3) 6' Open work structures or plants (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential district 6' Solid, decorative masonry wall 2. Commercial. Industrial and Institutional 216" Solid structures or plants Front yard or side of street yard 6' Open work structures or plants 8' Solid, decorative masonry wall Abutting residential district 8' Other yard area 10' Commercial Outdoor storage areas visible from public 12' Industrial rights-of-way (located behind required yards) 3. All Districts - Traffic Safety Site Area 216" 4. Public Right-of-Way g' 5. Hillside Management Overlay - Retaining Walls Uphill slope 8' Down slope 316" Lots sloping with the street 3'6" Adjacent to driveways 8' Facing streets 5" Constructed with natural, indigenous materials 6. Foothill Fire Zone Overla- Fences and Walls Constructed with non-combustible materials only A-(1) The limitations shall not apply in the following instances: 4- a. Where a greater height is required or permitted by any other provision of the Municipal Code; or -2 b. Where a greater height or type of fence, wall or hedge is required by a condition of approval. 3-(2) Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. MC 888 1-6-94. (3) Subject to the provisions of Section 19.20.030(8)(F)of this Development Code. HI-6 ATTACHMENT "A-2" 8. FENCES, WALLS AND HEDGES The following standards shall apply to the installation of all fences, walls and hedges: A. HEIGHT AND TYPE LIMITS Fences, walls and hedges shall conform to the limitations outlined in Table 20.01. I B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at lest 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences. Low voltage pet fences not accessible to the public are permitted in side and rear yards of residential districts,pursuant to Chapter 3 of the Uniform Administrative Code. 2. Chain link fencing is permitted in all commercial, industrial and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be adjacent to a public street. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 4. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. MC 889 1-6-94 III-7 ATTACHMENT "A-3" D. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18 inch deep by 8 foot long landscaped recession. MC 888 1-6-94. Walls shall be constructed with pilasters provided at every change in direction, every 5 feet difference in elevation and at a minimum of every 25 feet: of continuous wall. E. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. F. LARGE LOT SINGLE AND MUL77-FAMILY RESIDENTIAL FENCING STANDARDS 1. In single-family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for single-family residential uses. Lots shall have a minimum of 100 feet linear street frontage, a minimum 50 foot front setback measured from the front property line to the front face of the residential structure and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8)of this Development Code. 2. In multi family designated areas, a maximum of 6 feet high open fencing other than chain link is permitted at the front property line for multi family residential developments of 5 or more units. Lots shall have a minimum of 100 feet linear street frontage and a minimum of 3 feet of landscaping shall be constructed pursuant to Section 19.28.030(8)of this Development Code. III-S EXHIBIT 1 DEVELOPMENT CODE AMENDMENT NO. 9407 MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 18, 1995 PAGE 1 DEVELOPMENT CODE AMENDMENT NO. 9407 FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that it would provide security for pet owners in residential districts and visual enhancement for large lots in single-family and multi-family land use designations and, also would provide added security for such properties. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposal is to amend the text of the Development Code to allow low voltage pet fences not accessible to the public and to allow open work fencing to a maximum height of six feet with three of landscaping in the single-family and multi-family land use designations which would provide visual enhancement and security to such properties. �i G is i 2 1 �5 TO: SAN BERNARDINO CITY COUNCIL MEMBERS cr Y 0 SAN E'F°9^1ARDt1t0 CG°AftTMFNT G, SUBJECT: FENCE HEIGHT DATE: 11/18/95 THE CURRENT ORDINANCE CALLS FOR A FENCE NOT TO GO BEYOND THE END OF BUILDING AND NOT TO BE TALLER THAN FOUR FEET IN GEIGHT IN THE OF THE PROPERTY FOR RESIDENTIAL PROPERTIES. THE JUSTIFICATION FOR THIS IS THE TALLER FENCES WOULD BE AN EYE SORE AND WOULD MAKE THE NEIGHBORHOOD LOOK LIKE A PRISON GIVING A NEGATIVE IMAGE. WELL THE QUESTION IS A NEGATIVE IMAGE TO WHOM?THE INVESTORS WHO PUT UP THE FENCE ? OR THE TENNANTS WHO MOVE IN BECAUSE OF THE ADDITIONAL SECURITY AND ADDITIONAL SPACE FOR THEIR CHILDREN TO PLAY? THESE CONDITIONS WOULD ATTRACT MORE AND BETTER TENNANTS TO OUR CITY AND TO OUR NEIGHBORHOOD, THEN WE ALL WIN. LETS TALK ABOUT SECURITY SOME MORE. FOR SECURITY TO BE EFFECTIVE IT MUST BE BUILT INTO A LONG TERM PLAN ANY SHORT CUTS MIGHT BE DETREMENTAL TO THE PROPERTY OWNERS AND TENNANTS ,THEN WE ALL LOOSE. CURRENTLY THE ARDEN GUTHRIE AREA IS ENJOYING ADDITONAL SECURITY AND ATTENTION. BUT WHAT HAPPENS WHEN THIS AREA FALLS OUT OF FAVOR? WILL THE COMMUNITY BE LEFT TO FEND FOR THEMSELVES? WE ALL KNOW THAT SAN BERNARDINO HAS A HIGHER CRIME RATE THAN SURROUND ING COMMUNTIES. THIS IS DUE IN PART TO A HIGHER PERCENTAGE OF LOWER INCOME WITH 20% BEING ON GOVERNMENT ASSISTANCE. WITH THESE FACTORS OUR CRIME PROBLEM WILL NOT GO AWAY OVER NIGHT THE CONSTITUTION ALLOWS US TO PROTECT OUR SELVES AND OUR PROPERTY, A TALLER FENCE ORDENANCE WOULD BE A NONOBTRUSUVE WAY OF ACCOM- PLISHING THIS. THERE ARE A NUMBER OF SURROUNDING COMMUNITIES THAT DO ALLOW FOR FENCES THAT MEET OR EXCEED EXACTLY WHAT WE ARE ASKING FOR,SO WHY CAN'T WE HAVE THIS? PLEASE REFER TO THE SURVEY TAKEN BY DEBRA WOiDRUFF, AND MY COMPLIMENTS TO HER INITITIVE, THOUROUGHNESS AND PROFFESIONALISM IN THE ACCOMPLISHMENT OF THIS SURVEY. ALSO TO WILLIE M BRUE, CAROL THRASHER AND OTHER MEMBERS OF THE PLANNING COMMISSION WHO WERE PATIENT AND UNDERSTANDING. IN CLOSING I WILL SAY THAT WE MUST PLAN TO ATTRACT BETTER RESIDENTS AND MORE INVESTORS, THE TALLER FENCE HEIGHT ORDINANCE WOULD BE A STEP IN THE RIGHT DIRECTION IN ACCOMPLISHING THIS SO WE CAN ALL WIN. WILLIAM GOINES 2195 19TH STREET SAN BERNARDINO