HomeMy WebLinkAbout32 Development ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays
Dept: Development Services
Date: July 27, 1999
Synopsis of Previous Council Action: None
Subject: Development Code
Amendment No. 99 -03 - to modify
Section 19.20.030 (8) and Table 20.01
of Development Code Chapter 19.20
(Property Development Standards) to
eliminate all references to hedges and
shrubs as fencing material.
MCC Date: August 16, 1999
Recommended Motion: That the Mayor and Common Council close the public
hearing and approve Development Code Amendment No. 99 -03, based on the Findings
of Fact, and lay over the ordinance for final reading.
r Michael44ays
Contact person: Margaret Park Phone: 384 -5057
Supporting data attached: Staff Report Ordinance Ward: Cit)Mide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Agenda Item No..3
8716 Iq q
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 99 -03, A CITY INITIATED
PROPOSAL TO MODIFY SECTION 19.20.030 (8) AND TABLE 20.01 OF DEVELOPMENT
CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) TO ELIMINATE
ALL REFERENCES TO HEDGES AND SHRUBS AS FENCING MATERIAL.
Mayor and Common Council meeting of August 16, 1999
BACKGROUND:
This is a City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development
Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and
shrubs as fencing material. This modification was requested by the City Attorney's office
because of concerns that these particular sections are unenforceable.
The amendment was reviewed and determined to be covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment.
The Planning Commission voted 6 to 0 (Ayes: Enciso, Garcia, Lockett, Schuiling, Thrasher, &
Welch) to recommend approval of Development Code Amendment No. 99 -03.
FINANCIAL IMPACT: None
RECOMMENDATION: Staff recommends that the Mayor and Common Council approve
Development Code Amendment No. 99 -03 based on the Findings of Fact as presented in the
Planning Commission staff report.
Exhibits:
1. Planning Commission Staff Report
2. Ordinance for Development Code Amendment No. 99 -03
EXHIBIT "1"
SUMMARY CITY OF SAN BERNARDINO PLAiNNING DIVISION
CASE: Development Code Amendment No. 99 -03
AGENDA ITEM: 6
HEARING DATE: June 8, 1999
WARD: Citywide
APPLICANT: OWNER:
City of San Bernardino N/A
300 North "D" Street
San Bernardino, CA 92418
REQUEST/LOCATION:
A City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development Code
Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and
shrubs as fencing material.
CONSTRAINTS /OVERLAYS:
None
ENVIRONMENTAL FrrDI\1GS:
❑ Not Applicable
o Exempt, Section 15061(b)(3)
❑ No Significant Effects
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring /Reporting Plan
STAFF RECOMMENDATION:
o Approval
❑ Conditions
❑ Denial
zi Continuance to:
DCA 99 -03
Hearing Date: June 8, 1999
Page 2
REQUEST AND LOCATION
This is a City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development
Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and
shrubs as fencing material. This modification was requested by the City Attorney's office
because of concerns that these particular sections are unenforceable.
BACKGROUND
The Property Development Standards chapter of the Development Code sets forth fence and wall
regulations for all properties in the City. It specifies maximum heights, fence materials and
location of walls /fences/hedges. Current regulations permit the construction of 3' tall solid walls
or hedges or 4' tall "see- through" fences in front yards. The intent is to avoid creating streets that
have a "caged" or "walled" look to them and to provide adequate visibility to vehicles and to
police and fire personnel.
FINDINGS AND ANALYSIS
1. The proposed amendment is consistent with the General Plan.
The deletion of references to hedges and shrubs is consistent with the General Plan in that it does
not conflict with any goal. policy or objective in the General Plan.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The change proposed is intended to eliminate the subjectivity involved in determining whether a
hedge or shrub is solid or "see- through ". It would serve the public interest in that it would clarify
and simplify the requirements for fences and walls throughout the City. Elimination of all
references to hedges and shrubs would allow property owners more flexibility and freedom in
plant selection and plant material placement. It would allow the growth of hedges over 4' within
residential front yards providing additional privacy to residents who desire a more intimate and
private landscape setting that cannot be achieved with the current height restrictions.
CONCLUSION
The proposal meets the convenience and all necessary Findings of Fact for approval of
Development Code Amendment No. 99 -03.
DCA 99 -03
Hearing Date: June 8, 1999
Page 3
RECOMMENDATION
Staff recommends the Planning Commission recommend that the Mayor and Common Council:
Approve Development Code Amendment No. 99 -03 based upon the Findings of Fact
contained in this Staff Report.
Respectfully Submitted.
Michael E. Hays
Director of Development Services
/oIAA_
Margaret Park, AICP
Senior Planner
Attachment A Proposed changes to Chapter 19.20 in Bold & Strikeout format
ATTACHMENT "A" PROPERTY DEVELOPMENT STAINMARDS - 19-20
ARTICLE III - GENERAL
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.010 PURPOSE
These standards shall ensure that new or modified uses and development will produce an urban
environment of stable, desirable character which is harmonious with the existing and future
development, consistent with the General Plan.
19.20.020 APPLICABILITY
Any permit which authorizes new construction or modifications to an existing structure in excess
of 25 % of the structure floor area shall be subject to the standards set forth in this Chapter.
19.20.030 GENERAL, STANDARDS
No permit shall be approved unless it conforms to all of the following standards set forth in this
Chapter:
1.
Access
16.
Odor
2.
Additional Height Restrictions
17.
Projections into Setbacks
3.
Antennae, Vertical & Satellite Dish
18.
Public Street Improvements
4.
Design Considerations
19.
Radioactivity
5.
Dust and Din
20.
Refuse Storage /Disposal
6.
Environmental Resources/ Constraints
21.
Screening
7.
Exterior Buildinsi Walls
22.
Signs, Off- Street Parking, Off -
8.
Fences and Walls ..,`id Hedges
Street Loading and Landscaping
9.
Fire Protection
23.
Solar Energy
10.
Fumes, Vapor and Gases
24.
Storage
11.
Glare
25.
Toxic Substances
12.
Hazardous Materials
26.
Transportation Control
13.
Height Determination
Measures (TCM)
(Buildings and Structures)
27.
Underground Utilities
14.
Lighting
28.
Vibration
15.
Noise
MC 890 12/23/93
These standards apply to more than 1 land use district, and therefore, are combined in this
Chapter. Also, these standards are to be considered in conjunction with those standards and
design guidelines located in the specific land use district chapters.
III -1 2/94
PROPERTY DEVELOPMENT STANDARDS - 19.20
B. The following designs are deemed unacceptable in any development and therefore
shall be prohibited:
1. Nonanodized and unpainted aluminum finished window frames.
2. Metal grills and facades. However, grills and facades of unique design
and in keeping with the general decor of the development and
neighborhood may be permitted subject to prior approval by the Director.
3. Aluminum or other metal panels are not permitted on the street elevation,
unless it can be demonstrated that they are consistent with a structure's
overall design character, and do not adversely effect the pedestrian
environment.
S. FENCES AND WALLS A�� HEDGES
The following standards shall apply to the installation of all fences and walls and hedges:
A. HEIGHT AND TYPE LB. UTS
Fences and walls, ^ —�-'�� shall conform to the limitations outlined in
Table 20.01.
B. TRAFFIC SAFETY SITE AREA
On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds
of earth or other visual obstruction over 30 inches in height above the nearest
street curb elevation shall be erected or placed, b 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 least 6 feet above the level of
the intersection; saplings
hedge,
eleaf-- aiid tifiebstFuete -efessi -tew; 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 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
III -5 2/94
PROPERTY DEVELOPNIEN T STAN-DARDS -19?0
-
TABLE 20.01
FENCES AND WALLS, HEDGES
HEIGHT A:ti-D TYPE LaUTS
Districts
Ma.
-durum Permitted Height*
1.
Residential
Front yard or side of street yard
3'
Solid structures its
(not including the rear yard)3
4'
Open work structures er -prates
(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
Front yard or side of street yard
216"
Solid structures ef plants
6'
Open work structures its
Abutting residential district
8'
Solid, decorative masonry wall
Other yard area
8'
Outdoor storage areas visible
10'
Commercial
from public rights -of -way (located
12'
Industrial
behind required yards)
3.
All Districts - Traffic Safety Site Area
2'6"
4.
Public Right -of -Way
8'
5.
Hillside Management Overlav -
Retaining Walls
Uphill slope
8'
Down slope
3'6"
Lots sloping with the street
3'6"
Adjacent to driveways
8'
Facings streets
5'
Constructed with natural,
indigenous materials
6.
Foothill Fire Zone Overlav -
Fences and Malls
Constructed with non-
combustible materials only
*The limitations shall not apply in the following instances:
1. Where a Greater height is required by any other provision of the Municipal Code; or
2. Where a greater height or type of fence or wall er hedge is required by a condition of
approval.
3Rear 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.
III -6 2/94
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16
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18
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20
21
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.20.030(8) AND TABLE 20.01 OF DEVELOPMENT CODE CHAPTER
19.20 (PROPERTY DEVELOPMENT STANDARDS) TO ELIMINATE ALL
REFERENCES TO HEDGES AND SHRUBS AS FENCING MATERIAL.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.20.030(8) and Table 20.01 of Chapter 19.20 (Property
Development Standards) of the Municipal Code (Development Code) are amended to eliminate
all references to hedges and shrubs as fencing material; all other provisions of Chapter 19.20
remain unchanged.
Section 19.20.030(8) and Table 20.01 of Development Code Chapter 19.20 are hereby amended
to read as shown on Attachment A, Development Code pages III -1, III -5, III -6 attached hereto
and incorporated herein by reference.
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AN ORDINANCE ... AMENDING SECTION 19.20.030(8) AND TABLE 20.01
)F DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT
'5TANDARDS) TO ELIMINATE ALL REFERENCES TO HEDGES AND SHRUBS AS
ENCING MATERIAL.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
-ommon Council of the City of San Bernardino at a meeting thereof, held
)n the day of , 1999, by the following vote to wit:
Council Members_ AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
VACANT
ANDERSON
MILLER
City Clerk
The foregoing resolution is hereby approved this day of , 1999.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney %
By:
P4
ATTACHMENT "A"
PROPERTY DEVELOP:�NT STANDARDS - 19.20
ARTICLE III - GENERAL
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
Section
19.22.010 Purpose .............................
19.22.020 Applicability
19.22.030 General Standards
19.20.010 PURPOSE
Page
III -1
These standards shall ensure that new or modified uses and development will produce an urban
environment of stable, desirable character which is harmonious with the existing and future
development, consistent with the General Plan.
19.20.020 APPLICABILITY
Any permit which authorizes new construction or modifications to an existing structure in excess
of 25 % of the structure floor area shall be subject to the standards set forth in this Chapter.
19.20.030 GENERAL STANDARDS
No permit shall be approved unless it conforms to all of the following standards set forth in this
Chapter:
1.
Access
16.
Odor
2.
Additional Height Restrictions
17.
Projections into Setbacks
3.
Antennae, Vertical & Satellite Dish
18.
Public Street Improvements
4.
Design Considerations
19.
Radioactivity
5.
Dust and Dirt
20.
Refuse Storage /Disposal
6.
Environmental Resources /Constraints
21.
Screening
7.
Exterior Building Walls
22.
Signs, Off- Street Parking, Off -
8.
Fences and Walls
Street Loading and Landscaping
9.
Fire Protection
23.
Solar Energy
10.
Fumes, Vapor and Gases
24.
Storage
11.
Glare
25.
Toxic Substances
12.
Hazardous Materials
26.
Transportation Control
13.
Height Determination
Measures (TCM)
(Buildings and Structures)
27.
Underground Utilities
14.
Lighting
28.
Vibration
15.
Noise
MC 890 12/23/93
III -1 2/94
PROPERTY DEVELOPMENT STANDARDS -19.20
B. The following designs are deemed unacceptable in any development and therefore
shall be prohibited:
1. Nonanodized and unpainted aluminum finished window frames.
2. Metal grills and facades. However, grills and facades of unique design
and in keeping with the general decor of the development and
neighborhood may be permitted subject to prior approval by the Director.
3. Aluminum or other metal panels are not permitted on the street elevation,
unless it can be demonstrated that they are consistent with a structure's
overall design character, and do not adversely effect the pedestrian
environment.
8. FENCES AND WALLS
The following standards shall apply to the installation of all fences and walls:
A. HEIGHT AND TYPE LIMITS
Fences and walls shall conform to the limitations outlined in Table 20.01.
B. TRAFFIC SAFETY SITE AREA
On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds
of earth or other visual obstruction over 30 inches in height above the nearest
street curb elevation shall be erected or placed 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 least 6 feet above the level of the intersection; 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 NUTERIALS /CHAIN LINK FENCING
1. The use of barbed wire, electrified fence or razor wire fence in
conjunction with any fence, wall, roof, 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.
III -5 2/94
PROPERTY DEVELOPMENT STANDARDS -19.20
TABLE 20.01
FENCES AND WALLS
HEIGHT AND TYPE LIMITS
'The limitations shall not apply in the following instances:
• Where a greater height is required by any other provision of the Municipal Code; or
• Where a greater height or type of fence or wall is required by a condition of approval.
'`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.
III -6 2/94
Districts
Ma..-dmum Permitted Height'
1.
Residential
Front yard or side of street yard
T
Solid structures
(not including the rear yard)'
4'
Open work structures
(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
Front yard or side of street yard
2'6"
Solid structures
6'
Open work structures
Abutting residential district
8'
Solid, decorative masonry wall
Other yard area
8'
Outdoor storage areas visible
10'
Commercial
from public rights -of -way (located
12'
Industrial
behind required yards)
3.
All Districts - Traffic Safety Site Area
216"
4.
Public Right -of -Way
8'
5.
Hillside Management Overlay -
Retaining Walls
Uphill slope
8'
Down slope
3'6"
Lots sloping with the street
316"
Adjacent to driveways
8'
Facings streets
5'
Constructed with natural,
indigenous materials
6.
Foothill Fire Zone Overlay -
Fences and Walls
Constructed with non-
combustible materials only
'The limitations shall not apply in the following instances:
• Where a greater height is required by any other provision of the Municipal Code; or
• Where a greater height or type of fence or wall is required by a condition of approval.
'`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.
III -6 2/94