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HomeMy WebLinkAboutS1- Planning & Building Services CITY OF SAN BERN,4R®INO - REQUEST F JR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 93-09 Dept: Planning & Building Services Date: November 9, 1993 Mayor and Common Council meeting of November 15 1993 @ 2eOO p m Synopsis of Previous Council action: 05/13/93 -- 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. 07/08/93 -- The Legislative Review Committee met and directed Planning staff to prepare the previously described Development Code Amendment for the presentation to the Mayor and Common Council . 11/01/93 -- The Mayor and Common Council approve the Development Code Amendment subject to modifications recommended by the Planning Commission and that said modifications be incorporated in the Ordinance. Recommended motion: That the hearing be closed, the Development Code Amendment be approved and that the first reading be waived and the ordinance be laid over for final adoption. 4/z�41/'/ r i - %�Sign_ature AL B`OUGHEY Contact person: Al Boughey Phone:' 5357 Supporting data attached: Yes Ward: City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) iAcct. Description) Finance: Council Notes: 75-0262 Ananria Itcm nin p ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2 19 . 20. 030 (8) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND 3 RESIDENTIAL LAND USE DESIGNATIONS. 4 1 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Section 19. 20. 030 (8) (C) , PROHIBITED FENCE 7 MATERIALS/CHAIN LINK FENCING, of the Development Code is amended to s allow chain link fencing in all commercial, industrial and 9 residential land use designations when not adjacent to a public 10 street; and at the property lines of commercial or industrial 11 parcels when there is vacant land or buildings; and is amended to 12 read as follows [see Attachment A, Page III-7, of the Development 13 Code, attached hereto and incorporated herein by reference] : 14 1. "The use of barbed wire, electrified fence or razor wire 15 fence in conjunction with any fence, wall, roof, hedge, is or by itself within any land use district, is prohibited 17 unless required by any law or regulation of the City, the 18 State of California, Federal Government, or agency 19 thereof. Agricultural uses may use electrical fences if approved by the Director. 20 21 2 . Chain link fencing is permitted in all commercial, industrial and residential land use districts. The fence 22 23 may only be located on side and rear property lines behind the front yard setback, if the fence would not be 24 25 adjacent to a public street. Chain link fencing, in 26 residential land use districts, shall have top rails and post caps. 27 28 1 i 1 3 . Six foot high chain link fencing is permitted at all 2 property lines for vacant commercial/industrial lots or 3 buildings. The chain link fence shall be removed from 4 the front yard or any other location adjacent to a public 5 street by the owner/applicant at the time of development 6 or occupancy. 7 4 . In addition, chain link fencing with neutral colored s slats may be used for outdoor storage areas located in 9 the CH, IL, IH, IE land use districts and within required 10 yards, if the fence would not be adjacent to a public 11 street. Landscaped planting of sufficient density and 12 height may be used to screen the fence from public view. 13 Additionally, chain link fencing may be used with tennis 14 courts, private and commercial, temporarily at � 15 construction sites, and where it is required by any law or regulation of the City, the State of California, 16 j 17 Federal Government, or agency thereof. 18 5. The above limitations shall not apply where the 19 prohibited fence material is required as a condition of 20 approval." 21 22 23 24 25 26 i 27 2 28 x 1 ORDINANCE. . .AMENDING SECTION 19 . 20. 030 (8) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL 2 COMMERCIAL, INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS. 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 day of 6 1993 , by the following vote, to wit: 7 s Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 CITY CLERK is The foregoing ordinance is hereby approved this day of 19 1993 . 20 21 Tom Minor, Mayor City of San Bernardino 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By 27 3 28 PROPERTY DEVELC LENT 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 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 or any other location adjacent to 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 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 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 M-7 5/91