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HomeMy WebLinkAbout34- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCEL ACTION From: Al Boughey, Director Subject: Reconsideration of Development Code Amendment No. 94-07, Fence Standards Planning & Building Services CO[Ply Date: May 30, 1996 MCC Date: June 17, 1996 Synopsis of Previous Council Action: 5/20/96 The Mayor and Common Council approved a request to reconsider DCA No. 94-07 and directed staff to schedule the project for the June 17, 1996 meeting and to advertise the public hearing. 3/18/96 A motion was passed to approve DCA No. 94-07 and was vetoed by the Mayor. 1/22/96 Two motions failed and the project was continued to March 18, 1996 12/18/95 Staff was directed to revise the proposed ordinance for the January 22, 1996 meeting. 12/4/95 The Mayor and Common Council discussed the proposed amendment and no action was taken. 11/6/95 Staff was directed to prepare an ordinance for the December 4, 1995 meeting. 3/6/95 Staff was directed to initiate an amendment to the Development Code for specified modifications to the fence standard. Recommended Motion: '1.__, the Mayor and Common Council close the public hearing and adopt the ordinance which approves Development Code Amendment No. 94-07. Al Bou ey Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description? ry Finance: 9 J Council Notes: - 7 Agenda Item CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: RECONSIDERATION OF DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF JUNE 17, 1996 REQUEST A Council initiated request to reconsider a 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 May 16, 1994, the Mayor and Common Council considered a request from Councilman Curlin to initiate a Development Code amendment for specified fencing standards relating to prohibitions on fence height, location and materials in residential designations. The Mayor and Common Council referred the proposal to the Legislative Review Committee (LRC) for recommendations. The LRC reviewed various options on June 23, 1994, July 7, 1994, August 18, 1994 and September 8, 1994. During the three months that the proposed amendment was being reviewed by the LRC, it evolved into its current form as a result of LRC and staff discussions. The LRC forwarded the proposal to the Mayor and Common Council without recommendations. 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 standards. The Development Review Committee provided input for Development Code amendment on April 20, 1995 and cleared the project to the Planning Commission. The Board of Building Commissioners discussed fencing at their meeting of July 6, 1995. The BBC often hears appeals from property owners who have been cited for installing chain link fencing without permits, and they are not comfortable requiring removal when some fencing has Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 2 been installed (previously) legally. The BBC concurred that chain link fencing should be permitted in certain residential areas of the City. They felt that residential property owners had a right to secure their property, and should be allowed to use chain link. The BBC felt that the cost factor should be considered, and that chain link was not visually offensive. The BBC strongly encouraged the Planning Commission to recommend that chain link fencing be permitted in residential neighborhoods. The Planning Commission reviewed Development Code Amendment No. 94-07 at two meetings which occurred on August 22, 1995 and September 6, 1995. Their recommendations are summarized further on in this Staff Report. 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 and Ordinance were revised to include the provisions for chain link fencing. On January 22, 1996, two motions were made to lay the ordinance over for final adoption for Options 2 and 4, respectively. Both motions failed resulting in a continuance to the March 18th Mayor and Common Council meeting. On March 18, 1996, a motion was made, seconded and passed to approve Option 3 to permit a maximum of 4 feet of chain link fencing in front yards and side street yards in all residential land use designations. The decision was vetoed by the Mayor. On May 20, 1996, the Mayor and Common Council granted a request for reconsideration of the amendment and directed staff to schedule the project for the June 17, 1996 meeting and to advertise the public hearing. Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 3 AMENDMENT PROPOSAL The proposed amendment would modify the fencing standards for residential designations, as follows: 1. Allow low voltage pet fences not accessible to the public (side and rear yards, only). 2. Allow a maximum of six (6) foot high open fencing (not chain link) at the property line in multi-family designated areas with the following requirements: - Must have five (5) units or more; Must have a minimum of 100 feet linear street frontage; Must include a minimum of three (3) feet of landscaping (in front of or behind the fencing material). 3. Allow a maximum of six (6) foot high open fencing (not chain link) at the property line for single-family uses on large lots with the following requirements: Must have a minimum of 100 feet linear street frontage; Must have a minimum 50 foot front setback measured from the front property line to front face of residential structure; Must include a minimum of three (3) feet of landscaping (in front of or behind the fencing material). 4. Allow a maximum of 4 feet of chain link fencing for specified residential uses which are discussed in the following options. SUMMARY OF 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 Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 4 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. 4. Permit a maximum of 4 feet of chain link fencing for single-family uses in the 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. Option No. 4 would allow chain link fencing for single-family residential uses in all residential land use designations. It would preclude allowing chain link fencing for multi-family uses in the front and street side yards. The effect of chain link fencing in multi-family neighborhoods generally gives properties an institutional appearance that may not be appropriate or compatible with architectural or landscape designs or the character of the area. A draft ordinance has been prepared that contains the four options for chain link fencing. Section 3 in the ordinance contains these options (see Exhibit 2). Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 5 On September 6, 1995, staff conducted a survey of ten cities in the surrounding area to determine if they allowed chain link fencing in residential, commercial or industrial neighborhoods. The survey also includes information relative to the permitted height of chain link fencing and whether or not other types of fencing (barbed wire, razor wire, concertina wire and low voltage pet fences) are permitted. A copy of the survey is included as Exhibit 4. EXISTING DEVELOPMENT CODE REQUIREMENTS In the front yard setback area in residential districts, the Development Code [§19.20.030(8)(A), Table 20.01] allows open work structures such as wrought iron or picket fences or plant materials up to a maximum height of 4 feet. The provision stipulates that the fence or plant material must allow the passage of a minimum of ninety 90 percent light. Solid structures such as walls and wood fences (without openings) are allowed up to a maximum height of 3 feet. Along the side and rear property lines in the side or rear setback areas, fences and walls are allowed up to a maximum height of 6 feet and up to 8 feet in other yard areas. Low voltage pet fences are not addressed and therefore, not permitted at this time. SUNRISE VII,LAGE 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) ENVIRONMENTAL DETERMINATION The proposed Development Code Amendment was evaluated by staff and determined to be 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. Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 6 PLANNING COMMISSION RECOMMENDATION The Planning Commission's recommended that the Mayor and Common Council: 1. Allow low voltage pet fences not accessible to the public in residential districts in side and rear yards, only. 2. Allow a maximum of six foot high open fencing (not chain link) at the property line for single-family residential uses in single-family residential designations for lots with 100 feet of lineal street frontage, 50 feet of setback area from the front property line to the front face of the residential structure and to include a minimum of three feet of landscaping either in front of or behind the fencing material on the property. 3. Allow a maximum of six foot high open fencing (not chain link) at the property line in multi-family designated areas for multi-family developments with five or more units and having a linear street frontage of 100 feet minimum and to include a minimum of three feet of landscaping either in front of or behind the fencing material on the property; and, 4. Allow a maximum of six foot high open fencing (not chain link) at the property line in the Sunrise Village project area for multi-family developments with four or more units and to include a minimum of three feet of landscaping either in front of or behind the fencing material on the property. 5. Allow chain link fencing (at a maximum height of four feet) at the front property line in all residentially designated areas. 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 1) and adopt the Ordinance (Option 1) 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, Reconsideration of DCA No. 94-07 Mayor and Common Council Meeting of June 17, 1996 Page 7 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 EXHIBITS 1. Findings of Fact 2. Draft Ordinance (includes Options 1 through 4) 3. Sunrise Village Survey 4. Survey on Chain Link Fencing and Other Fencing Materials 5. Ordinance (Option 1) 6. Ordinance (Option 2) 7. Ordinance (Option 3) 8. Ordinance (Option 4) EX)�IT 1 RECONSIDERATION OF DCA NO. 94-07 MAYOR AND COMMON COUNCIL MEETING OF JUNE 17, 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 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO 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 RESIDENTIAL DISTRICTS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.20. 030 (8) (A) , Table 20. 01 of the Municipal Code (Development Code) is amended to renumber the footnotes and to add language to the footnotes to allow greater height for fencing in residential front yards as permitted by any other provision of the Municipal Code as shown on Attachment "A-1" (see Attachment "A-111, Development Code Page III-6, a copy of which is attached hereto and incorporated herein by reference) . SECTION 2. Section 19.20.030(8) (B) , Subsection (1) of the Municipal Code (Development Code) is amended to allow low voltage pet fences in residential districts as shown on Attachment "A-2" (see Attachment "A-211, Development Code Page III-7, a copy of which is attached hereto and incorporated herein by reference) . OPTION 1 SECTION 3. Section 19.20.030(8) (C) of the Municipal Code (Development Code) is amended to add Subsection (5) to permit chain link fencing at the property line for single-family uses in the RS, Residential Suburban and RU, Residential Urban land use designations as shown on Attachment "A-2" (see Attachment "A-21111 Development Code Page III-7, a copy of which is attached hereto and incorporated herein by reference) . OPTION 2 SECTION 3. Section 19.20. 030 (8) (C) of the Municipal Code 1 (Development Code) is amended to add Subsection (5) to permit chain link fencing at the property line for single-family uses in the RS, Residential Suburban and RU, Residential Urban land use designations south of Highland Avenue as shown on Attachment "A-2" (see Attachment "A-2", Development Code Page III-7, a copy of which is attached hereto and incorporated herein by reference) . OP77ON 3 SECTION 3. Section 19.20. 030 (8) (C) of the Municipal Code (Development Code) is amended to add Subsection (5) to permit chain link fencing at the property line in all residential land use designations as shown on Attachment "A-2" (see Attachment "A-211, Development Code Page III-7, a copy of which is attached hereto and incorporated herein by reference) . OPTION 4 SECTION 3. Section 19.20.030 (8) (C) of the Municipal Code (Development Code) is amended to add Subsection (5) to permit chain link fencing at the property line for single-family uses in all residential land use designations as shown on Attachment "A-2" (see Attachment "A-211, Development Code Page III-7, a copy of which is attached hereto and incorporated herein by reference) . SECTION 4. Section 19.20.030(8) (0) , Subsections (1) through (6) of the Municipal Code (Development Code) is amended to renumber the Subsections as shown on Attachments "A-2" and "A-3" (see Attachment "A-211, Development Code Page III-7 and Attachment "A-311, Development Code Page III-8, copies of which are attached hereto and incorporated by reference) . SECTION S. Section 19.20.030(8) of the Municipal Code 2 (Development Code) is amended to add Subsections (F) (1) and (2) , titled "Large Lot Single and Multi-family Residential Fencing Standards" to allow to allow a maximum of six foot high open fencing with three feet of landscaping in the front yard setback for large lots in the single-family and multi-family land use designations as shown on Attachment "A-3" (see Attachment "A-3111 Development Code Page III-8, a copy of which is attached hereto and incorporated herein by reference) . 3 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 RESIDENTIAL DISTRICTS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1996, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER Rachel Clark, City Clerk The foregoing ordinance is hereby approved this day of , 1996. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: 4 EDIT 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. II. 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* M. 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. EXHIBIT 4 SEPTEMBER 6, 1995 SURVEY ON CHAIN LINK FENCING AND OTHER FENCING MATERIALS (DCA NO. 94-07) The following cities were surveyed to find out if chain link fencing and other fencing materials are permitted. Colton Ontario Fontana Rancho Cucamonga Grand Terrace Redlands Highland Rialto Loma Linda Yucaipa 1. Is chain link fencing permitted? City Residential Commercial Industrial Colton No, Yes Yes Fontana No Noe NO3 Grand Terrace Yes No No Highland Yes Yes, Yes, Loma Linda Yes Yes Yes Ontario Yes Yes Yes Rancho Cucamonga Yes Yes, Nos Redlands Yes, Yes Yes Rialto Yes Yes Yes Yucaipa Yes Yes Yes Notes: , Can submit application/$25 fee for design review;only permitted in areas having existing chain link fencing or on side and rear propertylines not visible from public view. 2 In commercial areas, chain link fencing is only permitted to secure vacant or abandoned properties/buildings. 3 In industrial areas, chain link fencing is permitted in interior side or mar yard areas or to secure vacant or abandoned properties/buildings. 4 New development requires design fencing; however, existing development could use chain link. 5 Chain link is not permitted in light industrial areas; however, it is permitted in heavy industrial areas. 6 New multi-family developments conditioned for design fencing. 2. Height Standards for Chain Link Fences in Residential, Commercial and Industrial Districts. Residential Commercial Industrial Colton Front: 4' 8' 8' Interior Side: 6' 8' 8' Street Side: 4' 8' 8' Rear: 6' 8' 8' DCA No. 94-07 - Chain Link Fencing Survey Planning Commission Meeting of September 6, 1995 Page 2 Residential Commercial Industrial Fontana Front: N/A N/A N/A Interior Side: N/A N/A 8' Street Side: N/A N/A N/A Rear: N/A N/A 8' Grand Terrace Front: 6' 6'min/8'max 6'min/8'max Interior Side: 6'min 6'min/8'max 6'min/8'max Street Side: 6' 6'min/8'max 6'min/8'max Rear: 6'min 6'min/8'max 6'min/8'max Highland Front: 4' 49, 41, Interior Side: 6' 6', 69, Street Side: 4' 49, 49, Rear: 6' 69, 69, Loma Linda Front: 4' 8' 8' Interior Side: 6' 8' 8' Street Side: 4' 8' 8' Rear: 6' 8' 8' Ontario Front: 3.5' 3.5' 8' Interior Side: 6' 8' 8' Street Side: 3.5' 3.5' 8' Rear: 6' 8' 8' Rancho Cucamonga Front: 6' 69, 892 Interior Side: 6' 69, 892 Street Side: 6' 69, 892 Rear: 6' 69, 892 DCA No. 94-07 - Chain Link Fencing Survey Planning Commission Meeting of September 6, 1995 Page 3 Residential Commercial Industrial Redlands Front: 4' 4' 4' Interior Side: 6' 6' 6' Street Side: 4' 4' 4' Rear: 6' 6' 6' Rialto Front: 3.5' 6-8' 6-8' Interior Side: 6' 6-8' 6-8' Street Side: 3.5' 6-8' 6-8' Rear: 6' 6-8' 6-8' Yucaipa Front: 4' 4' 6' Interior Side: 6' 10' 10' Street Side: . 4' 4' 6' Rear: 6' 10' 10' Notes: 1 Design fences required by condition for new commercial developments; existing commercial can use chain link fencing. 2 Chain link fencing not permitted in public view in light industrial areas; permitted in heavy industrial areas. 3. Are top rails and/or fence post caps required? Most cities indicate that top rails and fence post caps are not specifically required by ordinance but encouraged through the review process or Building Permits for fencing are conditioned. 4. Are low voltage pet fences permitted? The majority of cities surveyed do not have provisions for low voltage pet fences and applications for this type of fencing are considered on a case by case basis. A few cities such as Colton, Ontario and Rialto do not permit electric fences of any kind. DCA No. 94-07 - Chain Link Fencing Survey Planning Commission Meeting of September 6, 1995 Page 4 5. Is barbed wire permitted? 0111 Residential Commercial Industrial Colton No No Yes Fontana No No, No, Grand Terrace No No No Highland No No, No, Loma Linda No Yes, Yes, Ontario No No No Rancho Cucamonga No No No Redlands No No No Rialto No No, No, Yucaipa Yes, Yes, Yes, Notes: 1 Generally, not permitted but may be considered on a case by case basis. 2 When used to enclose livestock, barbed wire is permitted as a cap for a 6' wall or fence; not permitted below 6'. 6. Is razor wire or concertina wire permitted? On Residential Commercial Industrial Colton No No Yes Fontana No No, No, Grand Terrace No No No Highland No No, No, Loma Linda No, Noe No, Ontario No No No Rancho Cucamonga No No No Redlands No No No Rialto No No, No, Yucaipa Yes Yes Yes Notes: 1 Generally, not permitted but may be considered on a case by case basis. 2 Special fencing material such as razor wire or concertina wire is considered on a case by case basis. EXHIBIT 5 OPTION 1 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 link fencing at the property line for single-family uses in the RS, 20 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 incorporated herein by reference) . 24 25 SECTION 4. Section 19.20. 030 (8) (C) , Subsections (1) 26 through (6) of the Municipal Code (Development Code) is amended to renumber the Subsections as shown on Attachments "A-2" and "A-3" 27 28 (see Attachment "A-211, Development Code Page III-7 and Attachment 1 I "A-311, Development Code Page III-8 , copies of which are attached 2 hereto and incorporated by reference) . 3 SECTION 5. Section 19 . 20. 030 (8) of the Municipal Code 4 (Development Code) is amended to add Subsections (F) (1) and (2) , 5 titled "Large Lot Single and Multi-family Residential Fencing 6 Standards" to allow to allow a maximum of six foot high open 7 fencing with three feet of landscaping in the front yard setback 8 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 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 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 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. 1 27 i 28 3 ATTACBMENT "A-1" TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LE IITS DISTRICTS MAXIMUM PERMITTED HEIGHT') 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 - RetaininQ Walls Uphill slope 81 Down slope 3'6" 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 &-(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. III-6 ATTACBMENT "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. Chain link fencing, in residential land use districts, shall have top rails and post caps. III-7 ATTACBMENT "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 6 OPTION 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, Residential Suburban and RU, Residential Urban land use 21 22 designations south of Highland Avenue as shown on Attachment "A-2" (see Attachment "A-211, Development Code Page III-7, a copy of which 23 is attached hereto and incorporated herein by reference) . 24 SECTION 4. Section 19.20. 030 (8) (0) , Subsections (1) 25 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 hereto and incorporated by reference) . 3 SECTION 5. Section 19.20. 030 (8) of the Municipal Code 4 (Development Code) is amended to add Subsections (F) (1) and (2) , 5 titled "Large Lot Single and Multi-family Residential Fencing 6 Standards" to allow to allow a maximum of six foot high open 7 fencing with three feet of landscaping in the front yard setback 8 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 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 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 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 ATTACHMENT "A-1" 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)(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 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 2'6" 4. Public Right-of-Way 8' 5. Hillside Management Overlay - Retainine 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. III-6 ATTACEINMNT "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 LIIMTS 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, III, 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. 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 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 ARM T7-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 multifamily 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 1 EXHIBIT 7 OPTION 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 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) (0) of the Municipal Code 19 (Development Code) is amended to add Subsection (5) to permit chain link fencing at the property line in all residential land use 20 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) . SECTION 4. Section 19.20. 030 (8) (C) , Subsections (1) 24 25 through (6) of the Municipal Code (Development Code) is amended to renumber the Subsections as shown on Attachments "A-2" and "A-3" 26 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 SECTION 5. 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) . 11 //// 12 13 14 15 16 17 18 19 20 21 22 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 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 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 n 26 By: 27 28 3 ATTACHMENT "A-1" 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)() 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 Safetv Site Area 2'6" 4. Public Right-of-Way 8' 5. Hillside Management Overlay - Retainine 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: 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. III-6 ATTACffiVIENT "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 all residential land use designations. 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 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 SDVG.E 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 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 8 OPTION 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 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) (0) 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) . 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-311, Development Code Page III-8, copies of which are attached 1 I hereto and incorporated by reference) . 2 SECTION 5. 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) . 11 //// 12 13 14 15 16 17 18 19 20 21 22 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 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 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 and legal content: 24 JAMES F. PENMAN, 25 City Attorney A 26 By: 27 28 3 ATTACHMENT "A-1" 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)() 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 Rieht-of-Way 8' 5. Hillside Management Overlay - Retaining Walls Uphill slope 8' Down slope 3'6" 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-(I) 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. HI-6 ATTACBMENT "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 in all residential land use designations. 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 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 SINGM AND MULT7-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 9094251513 OMNIVISION 727 P01 AUG 05 196 08:35 0 r _ American Optorneiric 1 A»octiatioe '- > Pamela Miller, O.D., FAA.0., J.D. ' Doctor of Optometry „ The Warburton House 6836 Palm Avenue.Highland, California 92346-2513. Telephone:(909)8624053 August 2, 1996 RE:94-07 Al Broughey.Director,Plan ing&Building Services Dept City of San Bernardino 300 North"D"Street San Bernardino,CA 92418 Dear Mr.Broughey; As I am unable to prieseod at the August 5,1996,meeting of the city council,I am sending:this fax regarding the fencing ordiKm ace,currently identified as 94-07.I wish to address the following two items quite fly. First, and most 4ortmifly, is the issue of 6 foot high fencing on the flout of property ivvbich is currently zoned with a of 150 feet fiom the street A 4 foot fence is of little or no use in terms of protecting or distancing these properties.In addition.4 is proportionately inappropriate to these ptopWies. In most cities,owners of law r properties,with this type of spacious look and fed,perimeter fences vary between 6 and 10 feet high.There m re numerous reasons for an expansion of this ordinance,but most property owners would agree that safety an I security are at the top of the lis The caroY?sitrrt awed. :pt7cxxl day fb ar butne Ibese t>l appearance of chain link is tm worse and oftentimes better thm the alternative. Property owners who art going to maintain their property will continue to do so, of the fencing material.The converse is true as welt The obligation am d duty of the city council and mayor is to provide for the general well Ming and safety of its citizens.We ca i no longue afford to be naive about the serious rime and aafety problem our streets and city present le and affordable means of meeting those needs must be factors m the des.-won making process.Thank y for your assistance and interest I look forward to a positive council r>espo4m Entered into Re ofd at Councilfty0e Cms Mtg: Srnixrely, by re Agenda Item Dr.Pamela J.Md4er �� �/ City Clerkirnr. qar.