HomeMy WebLinkAbout24- Planning & Building Services CITY OF SAN BERNA. .DINO - REQUEST FG_ . COUNCIL ACTION
From: Al Boughey, Director Subject: Development Code Amendment No. 93-0'
Dept: Planning & Building Services Mayor and Common Council Meeting
November 1 , 1993
Date: October 14 , 1993
Synopsis of Previous Council action:
On May 13 , 1993 , the Mayor and Common Council referred to the Legislative
Review Committee (LRC) , a proposal to direct Planning staff to prepare a
Development Code Amendment to allow chain link fences in residential land
use districts in certain circumstances .
The Legislative Review Committee met on July 8 , 1993 and directed Planning
staff to prepare the previously described Development Code Amendment for
presentation to the Mayor and Common Council .
Recommended motion:
1 . That the hearing be closed, the Development Code Amendment be approved,
the first reading be waived and the ordinance be laid over for final
adoption; or
2 . That the hearing be closed, the Development Code Amendment be approved,
subject to the modifications recommended by the Planning Commission, the
first reading be waived and the ordinance be laid over for final adoption
incorporating the necessary changes; or
3 . That .the hearing be closed and Development Code Amendment No. 93-09 be
denied.
Siarla
�: ture
Al Boughey, Director 384-5357
Contact person: Phone:
Staff: Report, Ordinance Citywide
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
7 /�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-09
REQUEST/LOCATION: This is a City-initiated Development Code Amendment to Section
19.20.030(8)(C) to modify the land use designations which allow chain link fencing in the rear
and side yards (not visible from a public street) in all residential zones. Also, to allow chain
link fencing within the front and street side yards of single family homes in the RS, Residential
Suburban and RU, Residential Urban land use zoning districts; and at the front and street-side
property lines (six feet high) for vacant commercial or industrial lots or buildings to be removed
upon development or occupancy. This amendment will affect the entire incorporated portion of
the City of San Bernardino.
KEY ISSUES: The key issues are as follows:
• There are various residential areas which have a large number of houses
with chain link fencing used on the property.
• There is a concern regarding the higher cost of non chain link fencing
which is now required, as opposed to the cost of chain link fencing.
• Property owners of vacant buildings or land are concerned about
vandalism and crime.
• Chain link fencing is considered by some to be aesthetically unpleasant.
• Chain link fencing installed in the front yard of vacant commercial or
industrial property or buildings will be removed upon development or
occupancy.
ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal
to modify the allowable fencing development standard is exempt from CEQA as it is covered
by the general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed changes to the Development Code are to
allow chain link fencing in residential land use designations and certain commercial/industrial
applications and will not impact the environment.
Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning
Commission.
Development Code Amendment 93-09
Mayor and Common Council meeting of
November 1, 1993
Page 2
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Approve Development Code Amendment 93-09 as proposed;
2. Modify Development Code Amendment 93-09 and approve; or
3. Deny the Development Code Amendment.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 93-09 on September 21, 1993, and voted 5-2 to recommend to
the Mayor and Common Council; approval of the Development Code Amendment, deleting the
portion of the amendment allowing chain link fencing in the front and street side yards of single
family homes in the RS, Residential Suburban and RU, Residential Urban land use designations
while maintaining the remainder of the amendment as proposed, based upon the attached
Findings of Fact (Attachment A).
STAFF RECOM[ME.NDATION: Staff recommends that the Mayor and Common Council
approve the Development Code Amendment and adopt the Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning and Building Services
EXHIBITS: 1. Planning Commission Staff Report
Attachments:
A. Findings of Fact
B. Proposed Wording For Section 19.20.030(8)(C)
C. Comparative Cost Analysis
2. Ordinance
Ab
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #2
SUMMARY HEARING DATE September 21, 1993
WARD Citywide
APPLICANT: City of San Bernardino
W
Cl) Development Code Amendment No.
Q p OWNER: N/A
U 93-09
The request is for an amendment to the Development Code, Section 19.20.030
(8)(C) to modify the land use designations , which allow cnain link fencing
N in the rear and side yards, to include all residential zones. Also, to allow
Uj chain link fencing within the front yard in the RS, Residential Suburban
O and RU, Residential Urban; and at the front and street-side property lines
W (six feet high) for vacant commercial/industrial lots or buildings.
Q The amendment is citywide.
W
cc
Q
ENVIRONMENTAL: Exempt per Section 15601(b-3)
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
All residential , commercial and industrial land use designations.
GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: ❑ YES
HAZARD ZONE: ❑ NO ZONE: ❑ NO ❑ ZONE B ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =PROJECT OPMENT ❑ YES
HAZARD ZONE: ❑ NO CRASH ZONE: AREA:
❑ NO ❑ NO
Q ❑ NOT POTENTIAL SIGNIFICANT Z ® APPROVAL
APPLICABLE EFFECTS WITH Q
H MITIGATING MEASURES
LLJ � NO E.I.R. W G El CONDITIONS
M Z ® EXEMPT ❑ E.I.R. REQUIRED BUT NO U. Z E] DENIAL
Z G SIGNIFICANT EFFECTS Q W
OZ WITH MITIGATING H M
Ir MEASURES N 2 ❑ CONTINUANCE TO
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES ¢ Exhibit
e
Development Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 1
REQUEST:
The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify
the land use designations which allow chain link fencing in the rear and side yards, to include
all residential zones. Also, to allow chain link fencing within the front yard in the RS,
Residential Suburban and RU, Residential Urban; and at the front and street-side property lines
(six feet high) for vacant commercial/ industrial lots or buildings.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable
fencing development standard is exempt from CEQA as it is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The proposed changes to the Development Code are to allow chain link fencing
in residential land use designations and certain commercial/industrial applications and will not
impact the environment.
BACKGROUND:
On May 13, 1993 the Mayor and Common Council referred to the Legislative Review
Committee (LRC), a proposal to direct Planning Staff to prepare a Development Code
Amendment to allow chain link fences in residential land use districts in particular
circumstances.
The LRC met on July 8, 1993 and directed Planning Staff to prepare the previously described
Development Code Amendment for presentation to the Mayor and Common Council.
ANALYSIS:
Proposal
The proposal is to allow chain link fencing in all residential land use districts in the rear and side
yards, if the yards are not adjacent to a public street. The fences shall be constructed with a top
rail and post caps, except for temporary fences surrounding construction sites. This request also
allows chain link fencing in the front yard of single family residences in the RS, Residential
Suburban and the RU, Residential Urban land use designations.
Six foot high chain link fences would be permitted at the property line for vacant
commercial/industrial lots or buildings in all commercial and industrial land use districts. The
fences which are visible from the street would be removed upon development or re-occupancy
of the building.
Development Code Amendment No. 93-09
Agenda Item 2
Hearing Date: 9-21-93
Page 2
The issue of whether to permit chain link fencing in front yards is primarily one of aesthetics.
Staff feels that chain link fencing will not negatively affect the aesthetics of single family
neighborhoods.
A price comparison was done to identify the difference in cost between wrought-iron fencing,
which is currently required, and chain-link fencing. The prices compiled, although not exact,
are-the surveyed companies best estimates for mid-range prices. As shown in Attachment C,
the price of wrought-iron (installed) is approximately 2.5 times more expensive than standard
chain-link (installed). Vinyl coated chain-link is just over half the price of wrought-iron for
costs including installation.
General Plan Consistency
The proposed Development Code Amendment is consistent with the General Plan in that General
Plan Objective 8.2 states that it shall be the objective of the City of San Bernardino to increase
the ability of the residents and the Police Department to minimize crime and provide security
for residential, commercial, industrial and public buildings, sites and open space. Policy 8.2.4
further states that it shall be a policy of the City to require the provision of security measures
and devices that are designed to increase visibility and security in the design of building siting,
interior and exterior design, and hardware.
AMENDMENT
The amendment proposes to allow the use of chain link fencing in all land use districts under
certain conditions; rear and side yards not visible from a public street in all land use districts;
in the front yards of RS, Residential Suburban and RU, Residential Urban and in the front yard
of vacant buildings or lots in all commercial and industrial land use designations (See Attachment
B). The height limitations are addressed in Table 20.01 of the Development Code and are not
affected by this amendment. The following changes will be incorporated into the Development
Code:
SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
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 if approved
by the Director.
I
Development Code Amendment No.Item-0#2
Hearing Date: 9-21-93
Page 3
..'T, in all commercial, industrial
Chain link fencing is permitted �h
and residential land use districts. The fence may fence would not be readilynvvisirear
property lines behind the front yard setback, if the c allowed of the front ya
from a public rd of
street. Chain-link fencing
sin le family residences in the RS, Residential Suburban
Cha'm link fencing in g prohibited by CC
Urban land use designations unless p rails and post caps•
residential land use districts shall have top
Six foot high chain link fencing is permitted at all property lines for vacant
commercial/industrial lots or buildings. The chain link fence hall'be street by from
the front yard or any other location visible from
owner/applicant at the time of development or occupancy.
In addition, chain link fencing with neutral colored riets and within yards,storage
the
areas located in the CH, IL, III, IE land use street Landscaped
fence would not be readily visible from a public public
planting of sufficient density an d height may be used to screen
courts, private and
view. Additionally, chain link fencing may law d
commercial, temporarily at construction sites, and e al err�eO�rnm�t l� any law o thereof.
regulation of the City, the State of Caiiforn ,
is to be deleted. "BOLD" text is to be added.
NOTE: Text shown as
CONCLUSION:
The request is to amend the Development Code to allow the c e empt om10EQA.1 land
eq
use districts under certain conditions. The project is categorically If chain
proposed Development Code Amendment is City initiated*vis ble from a public street approved,all land
link fencing will be allowed in the rear and side yards n yard in use districts. Chain link fencing will also be allowed in nd in alit Y ands for vacant bul dings
Suburban and RU, Residential Urban land use designations,
a
or lots in all commercial or industrial land use designations.
IDevelopment Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 4
RECOMMENDATION:
Staff proposes that the Planning Commission recommend that the Mayor and Common Council
approve Development Code Amendment No. 93-09 subject to the attached Findings of Fact
(Attachment "
Prepared by: Weqry (, A isQnt Planner
Prepared for: r Planning and Building Services
Attachment: A - Findings of Fact
B - Proposed wording for Section 19.20.030 (8)(C)
C - Comparative Cost Analysis
Development Code Amendment No. 93-09
Agenda Item: 2
Hearing Date: 9-21-93
Page 5
FINDINGS OF FACT
Development Code Amendment No. 93-09
1. The amendment is consistent with the General Plan in that the purpose of General Plan
Objective 8.2 is to increase the ability of residents to provide security for residential and
commercial/industrial property to help minimize crime.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that allowing chain link fencing in residential land
use districts may help reduce the potential for criminal activity.
ATTACHMENT A
AINk
p *
Development Code Amendment N Item Z
Agenda Hearing Date: 9-21-93
Page 6
SECTION
19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
The use of barbed wire, electrified fence or razor wire fence�ctConjunct prohibited any
fence, wall, roof, hedge, or by itself within any land Federal
required by any law or regulation of the Cisyma the State of use electrical fences if approved
Agricultural
use y
Government, or agency thereof. Ag
by the Director.
Chain link fencing is permitted in all commercial, industrial and residential land use
may only be located on side and rear property lines behind the front
districts. The fence
I
yard setback, if the fence would not be readily visible from public the RS, Residential
fencing is allowed in the front yard of single family residences by
Suburban and the RU, Residential Urban land use designations unless prohibitedand
have top rail
CC&R's. Chain link fencing, in residential land use neutral colored slats may be used for
post caps. In addition, chain link fencing With yards, if the fence would not be readily
Landscaped storage areas located .within required Y� of sufficient density and height
visible from a public right-of-way. LandP planting
may be used to screen the fence from public view. Additionally,moat construction sites, and
be used with tennis courts, private and commercial, temporarily
where it is required by any law or regulation of the City, the State of Calif°rnia, Federal
Government, or agency thereof.
Six foot high chain link fencing is pe rmitted at all property lines for vacant
commercial/industrial lots or buildings. The chain link fence b shall
owner appliicant at the
front yard or any other location visible from a public str y
time of development or occupancy.
ATTACHMENT B
Development Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 7
COST ANALYSIS
Chain-link vs. Wrought-iron
COMPANY TYPE 4 FT 5 FT 6 FT 4 FT 5 FT 6 FT
retail retail retail installed instl instl
Number 1 Chain-link # , NSAfA $5.00 $5.50 $6.00
::::>:
Wrought-iron N AA. Nl 1 A
Number 2* Chain-link $0.89 $1.12 $1.31 $3.85 $4.00 $4.20
10.00 $ .50 $
12 $14.00
oug
Wr ht iron 1A > >�11 <>.... .
4 6.00
5. 0
'n link `> ; to>< �T1 '<...
5.00 $ $
Number 3 Chas �T :::::.:
4 4
1 1 .00
.00
Wrought-iron
<` A. $% 11.00 $ $
_
1 >:>
. .
.. ............
Plus
Number 4 Chain-link $1.54 $1.94 $2.26 $5.00 $5.25 $5.50
Wrought-iron T1A lY $13.00 $14.00 $15.00
Vinyl CL $2.30 $2.90 $3.48 $6.05 $6.85 1 $7.50
0.98 1.24 1. 5
Number 5 Chain-link $ $ $
................................................................ .......................................................
Wrought iron < < 1 <> > f '><>> >><>< 1 <« .... ..1.
g
Number Chain link 0.6 0.84 0.95 `< >>`` <? < dA'' ` .... .
6 $ $ $
1 f# >> ` »> <<> <`> `' « > >< < >>>»Wrought-iron $4.50 $5.7 5 1 >>.
30
( )
Number 7 Chain-link $1.90 $2.20 $2.50 $4.40 $4.80 $5.05
Wrought-iron per job only
Vinyl CL $4.18 $4.85 1 $5.50 $5.85 $6.40 $7.00
o All prices are per linear foot
o * Add approximately 40% to retail cost for accessories .
ATTACHMENT C
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.20.030(8)(C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO
3 ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND
4 RESIDENTIAL LAND USE DESIGNATIONS.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Section 19.20.030(8)(C), PROHIBITED FENCE MATERIALS/CHAIN
7 LINK FENCING, of the Development Code is amended to allow chain link fencing in all
8 commercial, industrial and residential land use designations when not visible from a public
street; in the front and street side yards of RS, Residential Suburban and RU, Residential Urban
9 land use districts; and at the property lines of commercial or industrial parcels when there is
vacant land or buildings; and is amended to read as follows [see Attachment A, Page III-7, of
10 the Development Code, attached hereto and incorporated herein by reference]:
11 "1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any
12 fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless
13
14 required by any law or regulation of the City, the State of California, Federal
15 Government, or agency thereof. Agricultural uses may use electrical fences if approved
16 by the Director.
17 2. Chain link fencing is permitted in all commercial, industrial and residential land use
18 districts. The fence may only be located on side and rear property lines behind the front
19 yard setback, if the fence would not be readily visible from a public street. Chain-link
20
21 fencing is allowed in the front and street side yards of single family residences in the RS,
22 Residential Suburban and the RU, Residential Urban land use designations unless
23 prohibited by CC&R's. Chain link fencing, in residential land use districts, shall have
24 top rails and post caps.
25 3. Six foot high chain link fencing is permitted at all property lines for vacant
26 commercial/industrial lots or buildings. The chain link fence shall be removed from the
27
28 front yard or any other location visible from a public street by the owner/applicant at the
1
1 time of development or occupancy.
2 4. In addition, chain link fencing with neutral colored slats may be used for outdoor storage
3 areas located in the CH, IL, IH, IE land use districts and within required yards, if the
4 fence would not be readily visible from a public street. Landscaped planting of sufficient
5
6 density and height may be used to screen the fence from public view. Additionally,
7 chain link fencing may be used with tennis courts, private and commercial, temporarily
8 at construction sites, and where it is required by any law or regulation of the City, the
9 State of California, Federal Government, or agency thereof.
10 5. The above limitations shall not apply where the prohibited fence material is required as
11 a condition of approval."
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Y
ORDINANCE...AMENDING SECTION 19.20.030(8)(C) OF THE SAN BERNARDINO
1 MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS.
2
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
3
4 Common Council of the City of San Bernardino at a meeting thereof, held
5 on the day of 1993, by the following vote, to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11
DEVLIN
12
13 POPE-LUDLAM _
14 MILLER
15
16 City Clerk
17 The foregoing ordinance is hereby approved this day
18 of 1993.
19
20 Tom Minor, Mayor
City of San Bernardino
21
Approved as to
22 form and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By'
26
27
28
3
PROPERTY DEVELOPMEI STANDARDS-19.20
B. TRAFFIC SAFETY SITE AREA
On a corner lot, no fence, wall, hedge, sign or other structure, shrub-
bery,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 forego-
ing provision shall not apply to public utility poles; trees trimmed (to the
trunk) to a line at least 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 be-
comes 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 if approved
by the Director.
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 readily visible from a public street. Chain-link
fencing is allowed in the front and street side yards of single family residences in the RS,
Residential Suburban and the RU, Residential Urban land use designations unless
prohibited by CC&R's. 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 or any other location visible from a public street by the owner/applicant at the
time of development or occupancy.
4. In addition, 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 readily visible from 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 and 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.
ATTACHMENT A
..T viol
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-09
REQUEST/LOCATION: This is a City-initiated Development Code Amendment to Section
19.20.030(8)(C) to modify the land use designations which allow chain link fencing in the rear
and-side yards (not visible from a public street) in all residential zones. Also, to allow chain
link fencing within the front and street side yards of single family homes in the RS, Residential
Suburban and RU, Residential Urban land use zoning districts; and at the front and street-side
property lines (six feet high) for vacant commercial or industrial lots or buildings to be removed
upon development or occupancy. This amendment will affect the entire incorporated portion of
the City of San Bernardino.
KEY ISSUES: The key issues are as follows:
• There are various residential areas which have a large number of houses
with chain link fencing used on the property.
• There is a concern regarding the higher cost of non chain link fencing
which is now required, as opposed to the cost of chain link fencing.
• Property owners of vacant buildings or land are concerned about
vandalism and crime.
• Chain link fencing is considered by some to be aesthetically unpleasant.
• Chain link fencing installed in the front yard of vacant commercial or
industrial property or buildings will be removed upon development or
occupancy.
ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal
to modify the allowable fencing development standard is exempt from CEQA as it is covered
by the general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed changes to the Development Code are to
allow chain link fencing in residential land use designations and certain commercial/industrial
applications and will not impact the environment.
Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning
Commission.
f
Development Code Amendment 93-09
Mayor and Common Council meeting of
November 1, 1993
Page 2
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Approve Development Code Amendment 93-09 as proposed;
2. Modify Development Code Amendment 93-09 and approve; or
3. Deny the Development Code Amendment.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 93-09 on September 21, 1993, and voted 5-2 to recommend to
the Mayor and Common Council; approval of the Development Code Amendment, deleting the
portion of the amendment allowing chain link fencing in the front and street side yards of single
family homes in the RS, Residential Suburban and RU, Residential Urban land use designations
while maintaining the remainder of the amendment as proposed, based upon the attached
Findings of Fact (Attachment A).
STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council
approve the Development Code Amendment and adopt the Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning and Building Services
EXHIBITS: 1. Planning Commission Staff Report
Attachments:
A. Findings of Fact
B. Proposed Wording For Section 19.20.030(8)(C)
C. Comparative Cost Analysis
2. Ordinance
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #2
SUMMARY HEARING DATE September 21 , 1993
WARD Citywide
APPLICANT: City of San Bernardino
W
N [Development Code Amendment No. OWNER: N/A
U 3-09
The request is for an amendment to the Development Code, Section 19.20.030
(8)(C) to modify the land use designations, which allow chain link fencing
N in the rear and side yards, to include all residential zones. Also, to allow
LU chain link fencing within the front yard in the RS, Residential Suburban
a and RU, Residential Urban; and at the front and street-side property lines
W (six feet high) for vacant commercial/industrial lots or buildings.
Q The amendment is citywide.
W
Q
ENVIRONMENTAL: Exempt per Section 15601(b-3)
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
All residential , commercial and industrial land use designations.
GEOLOGIC/SEISMIC LEOIN ES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: ❑ YES
HAZARD ZONE: O Z ONE: ❑ NO ❑ ZONE B ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =PROJECT OPMENT 13 YES
HAZARD ZONE: ❑ NO CRASH ZONE: AREA:
❑ NO ❑ NO
Q ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ® APPROVAL
APPLICABLE EFFECTS WITH O
H MITIGATING MEASURES
W (n NO E.I.R. W C ❑ CONDITIONS
2 Z ® EXEMPT ❑ E.I.R. REOUIRED BUT NO W Z ❑ DENIAL
Z C SIGNIFICANT EFFECTS Q W
OZ WITH MITIGATING F" M
C MEASURES N Z ❑ CONTINUANCE TO
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES Exhibit
Development Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 1
REQUEST:
The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify
the land use designations which allow chain link fencing in the rear and side yards, to include
all residential zones. Also, to allow chain link fencing within the front yard in the RS,
Residential Suburban and RU, Residential Urban; and at the front and street-side property lines
(six feet high) for vacant commercial/ industrial lots or buildings.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable
fencing development standard is exempt from CEQA as it is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The proposed changes to the Development Code are to allow chain link fencing
in residential land use designations and certain commercial/industrial applications and will not
impact the environment.
BACKGROUND:
On May 13, 1993 the Mayor and Common Council referred to the Legislative Review
Committee (LRC), a proposal to direct Planning Staff to prepare a Development Code
Amendment to allow chain link fences in residential land use districts in particular
circumstances.
The LRC met on July 8, 1993 and directed Planning Staff to prepare the previously described
Development Code Amendment for presentation to the Mayor and Common Council.
ANALYSIS:
Proposal
The proposal is to allow chain link fencing in all residential land use districts in the rear and side
yards, if the yards are not adjacent to a public street. The fences shall be constructed with a top
rail and post caps, except for temporary fences surrounding construction sites. This request also
allows chain link fencing in the front yard of single family residences in the RS, Residential
Suburban and the RU, Residential Urban land use designations.
Six foot high chain link fences would be permitted at the property line for vacant
commercial/industrial lots or buildings in all commercial and industrial land use districts. The
fences which are visible from the street would be removed upon development or re-occupancy
of the building.
Development Code Amendment No. 93-09
Agenda Item 2
Hearing Date: 9-21-93
Page 2
The issue of whether to permit chain link fencing in front yards is primarily one of aesthetics.
Staff feels that chain link fencing will not negatively affect the aesthetics of single family
neighborhoods.
A price comparison was done to identify the difference in cost between wrought-iron fencing,
which is currently required, and chain-link fencing. The prices compiled, although not exact,
are-the surveyed companies best estimates for mid-range prices. As shown in Attachment C,
the price of wrought-iron (installed) is approximately 2.5 times more expensive than standard
chain-link (installed). Vinyl coated chain-link is just over half the price of wrought-iron for
costs including installation.
General Plan Consistency
The proposed Development Code Amendment is consistent with the General Plan in that General
Plan Objective 8.2 states that it shall be the objective of the City of San Bernardino to increase
the ability of the residents and the Police Department to minimize crime and provide security
for residential, commercial, industrial and public buildings, sites and open space. Policy 8.2.4
further states that it shall be a policy of the City to require the provision of security measures
and devices that are designed to increase visibility and security in the design of building siting,
interior and exterior design, and hardware.
AMENDMENT
The amendment proposes to allow the use of chain link fencing in all land use districts under
certain conditions; rear and side yards not visible from a public street in all land use districts;
in the front yards of RS, Residential Suburban and RU, Residential Urban and in the front yard
of vacant buildings or lots in all commercial and industrial land use designations(See Attachment
B). The height limitations are addressed in Table 20.01 of the Development Code and are not
affected by this amendment. The following changes will be incorporated into the Development
Code:
SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
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 if approved
by the Director.
Development Code Amendment N Item
Hearing Date: 9-21-93
Page 3
TT TT TTT TL in all commercial, industrial
Chain link fencing is permitted rear
and residential land use districts. The fence may fence would located
ot be readily visible
property lines behind the front yard setback,
from a public fi� ' street. Chain-link fencing is allowed in the front yard of
single family residences in the RS, Residential Suburban and the RU, Residential
Urban land use designations unless prohibited by CC&R's. Chain link fencing in
residential land use districts shall have top rails and post caps.
Six foot high chain link fencing is permitted at all property lines for vacant
commercial/ lots or buildings. The chain link fence shall be rye o reet d from
the front yard or any other location visible from a public the
owner/applicant at the time of development or occupancy.
In addition, chain link fencing with neutral use districts and be
ithin re9uire�yids storage
the
areas located in the CH, II., IH, FE land
fence would not be readily visible from a public right 4-wery street. Landscaped
planting of sufficient density and height may be used to screen the fence from public
view. Additionally, chain link fencing may beana�re�t tennis courts,
by any law or
commercial, temporarily at construction sites, thereof.
regulation of the City, the State of California, Federal Government, or agency
NOTE: Text shown as is to be deleted. "BOLD" text is to be added.
CONCLUSION:
The request is to amend the Development Code to allow the use of chain link t fencing in all The
use districts under certain conditions. The project is categorically
, chain
proposed Development Code Amendment is City initiated. if this amendment is
street in�all and
link fencing will be allowed in the rear and side yar ds not visible from a public
use districts. Chain link fencing will also be allowed in
and in all ands for vacant bud dings
Suburban and RU, Residential Urban land use designations, Y
or lots in all commercial or industrial land use designations.
s "
Development Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 4
RECOM1ViEENDATION:
Staff proposes that the Planning Commission recommend that the Mayor and Common Council
approve Development Code Amendment No. 93-09 subject to the attached Findings of Fact
(Attachment "
Prepared by: J ery a , A start Planner
Prepared for: r Planning and Building Services
Attachment: A - Findings of Fact
B - Proposed wording for Section 19.20.030 (8)(C)
C - Comparative Cost Analysis
Development Code Amendment No. 93-09
Agenda Item: 2
Hearing Date: 9-21-93
Page 5
FINDINGS OF FACT
Development Code Amendment No. 93-09
1. The amendment is consistent with the General Plan in that the purpose of General Plan
Objective 8.2 is to increase the ability of residents to provide security for residential and
commercial/industrial property to help minimize crime.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that allowing chain link fencing in residential land
use districts may help reduce the potential for criminal activity.
ATTACHMENT A
Development Code Amendment No. 93-09
Agenda Item #Z
Hearing Date: 9-21-93
Page 6
SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING
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 if approved
by the Director.
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 readily visible from a public street. Chain-link
fencing is allowed in the front yard of single family residences in the RS, Residential
Suburban and the RU, Residential Urban land use designations unless prohibited by
CC&R's. Chain link fencing, in residential land use districts, shall have top rails and
post caps. In addition, chain link fencing with neutral colored slats may be used for
outdoor storage areas located within required yards, if the fence would not be readily
visible from a public right-of-way. 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 and 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.
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 or any other location visible from a public street by the owner/applicant at the
time of development or occupancy.
ATTACHMENT B
Development Code Amendment No. 93-09
Agenda Item #2
Hearing Date: 9-21-93
Page 7
COST ANALYSIS
Chain-link vs. Wrought-iron
COMPANY TYPE 4 Fr 5 Fr 6 Fr 4 FT 5 Fr 16Fr
retail retail retail installed instl instl
>;: .:': .`..<:»1
. $5. 0
$5.50 $6.00Num
Number 1 Ch i n-
link ...................... ..................>...........................
....................... ...................... ........."...........
' ' . >> ` ' >I Wr o u h t iron >`
Number 2* Chain-link $0.89 $1.12 $1.31 $3.85 $4.00 $4.20
.. $10.00 W r ou g h t-
it n A $12.50 $14.00
:: �: ;
m
u be r -
link $5.40 $6.00
3 Chain
A:...::.::.;:. $5.00
N
:.. A .. tI DW rou
Wrought-iron N $
X.
:; :;:: : :: . 14.00 $14.00
: ;
Plus
Number 4 Chain-link $1.54 $1.94 $2.26 $5.00 $5.25 $5.50
Wrought-iron
; ....::.:.:.�.
. $13.00 $14.00 $15.00
Vinyl CL $2,30 $2.90 $3.48 $6.05 $6.85 $7.50
NuX.mber ber
5 h ' -
Cam link
0
$ .98 $1.24 14
. 5
` ` `<>» >V '
Wrought-iron .. .
Number ber
6 -
Chain lin
k
0.6 1 4
0.8
$ 0.95
W -
r
ou ht it
on
7
$4.50 $5.75
(30-)
Number 7 Chain-link $1.90 $2.20 $2.50 $4.40 $4.80 $5.05
Wrought-iron per job only
L= L=Vinyl CL $4.18 $4.85 $5.50 $5.85 $6.40 $7.00
o All prices are per linear foot
o * Add approximately 40% to retail cost for accessories .
ATTACHMENT C