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CITY OF SAN BERNARDINO -
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REQUEST FOR COUNCIL ACTION
Frank A. Schuma
From: Planning Director
Dept: Planning
Date: February 6, 1985
Subject: Amendment to S.B.M.C. Section 19.62.080 -
Fences, Hedges and Walls
Mayor and Council Meeting of
February 18, 1985, 9:00 a.m.
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on February 5, 1985, the following
recommendation was made:
The amendment to the San Bernardino Municipal Code, Section 19.62.080 - Fences,
Hedges and Walls, adding a provision to prohibit chain link fences within the
Central Business District, was unanimously recommended for approval.
The Negative Declaration for environmental review was also recommended for
approval.
Recommended motion:
To approve the responses to comments and to adopt the Negative Declaration for
environmental review which has been reviewed and considered.
To approve, modify or reject the findings and the recommendation of the
Planning Commission and to direct the City Attorney to prepare the necessary
amendments to the Zoning Ordinance.
~L Q. ~L_
Signature Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5057
Supporting data attached:
Yes, Staff Report
Ward:
Central Business Dist.
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item NO'~
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CITY OF SAN BERNARDINO
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MEMORANDUM
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To
Planning Crnmission
AmenclnEnt to San Bernardino Municipal Code
Section 19.62.080
From
Planning Deparonent
Subject
Date
February 5, 1985
Approved
ltan No. 14
Date
.
The proposed Code amendment would add Section 19.62.080 to the San
Bernardino Municipal Code, prohibiting chain link and similar fencing
material throughout the Central Business District. The intended pur-
pose of the proposed Code amendment is to eliminate blight and promote
the enhancement and development of the downtown area.
, This item was originally introduced as an emergency ordinance before
the Mayor and Common Council and was subsequently referred to the
Planning Commission for a recommendation. Said re~ummendation was
reviewed by the Council Legislative Review Commit,ee on May 25, 1984
and referred back to the Planning Commission for further review with
the direction that said ordinance should prohibit chain link fences in
the Central Business District only, and that the ordinance should spe-
cify that temporary construction chain link fences are permissible.
Said revision was also to include a justification clause including
pertenant definitions to which the attached ordinance as prepared by
the City Attorney Office conforms.
In addition to the above referenced ordinance revision, the Planning
Oepartment recommends that the Planning Commission review another
ordinance revision relative to fencing height and setbacks in the C-M,
M-l, M-1A and M-2 Districts for consideration by the Mayor and Common
Council. Said modification would require the construction of all
fencing materials to be located behind the required front landscaping'
setback. The Code presently allows for fencing to be located along
the front property line thereby screening or entirely hiding the front
yard landscaping.
RECOMMENDA T\ ON
The Planning Department recommends approval of both ordinance
revisions as outlined for consideration by the Mayor and Common
Council.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
~~~~
DAVI D ANOERS N ,,' "
Principal Planner
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Proposed Modification to
San Bernardino Municipal Code
Section 19.62.070
19.62.070: Fences in the C-M, M-l, M-IA and M-2 Districts.
A maximum fence height of eight feet, measured from the ground level
to the highest point thereof, may be erected at the property lines;
provided, that the maximum height of such fences in front, side, or
rear yards abutting public or private streets shall not exceed six
feet and shall be located behind the required landscape and structural
setback area.
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CITY OF SAN BERNARDINO
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MEMORANDUM
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To
FRANK A. SCHUMA From
Planning Director
Amendment to San Bernardino Municipal Code Date
JOHN F. WILSON
Deputy City Attorney
June 27, 1984
Subject
Approved
Date
700.30
I have prepared for your review language to be incorporated
into the Municipal Code as Section 19.60.080 relating to the
exclusion of chain link fencing from the Central Business
District. The language was prepared with respect to the
following considerations relative to an ordinance of this
type: (1) that the language must reflect a proper exercise
of the police power by the City in establishing such a
regulation. Although the situation is changing, the courts
have not historically been supportive of oydinances which
have an e~clusively aesthetic purpose; and (2) an ordinance
of this type cannot strictly regulate the use of chain link
fencing if the use of other types of fencing material would
produce the same effects which are sought to be controlled
by the regulation prohibiting chain link fencing. The
question is one of what distinguishes chain link fencing
from any other type of fencing such that chain link should
be regulated and the other should not. Once these factors
have been identified, then any type of fencing material
which has the same objectionable characteristics as chain
link fencing must be subject to the same regulation as chain
link fencing. Otherwise, the regulation may be found to be
unduly discriminatory, and not well based. I will note,
with regard to the latter consideration, that the allowance
of temporary chain link fencing around construction sites
appears directly contradictory to the aesthetic intent of
the ordinance.
With these considerations in mind, the following language is
proposed:
"Section 19.62.080 is added to the San
Bernardino Municipal Code to read:
To eliminate blight, to promote the
enhancement and development of the downtown
area which most directly represents the image
and commercial character of the City, to
preserve and improve the appearance of the
City, to protect property values and, to
promote the general welfare;
A. The construction and erection of chain
link fence and chain link gate whether of a
permanent or temporary construction, shall
hereafter be prohibited in the central
business district.
e.ry Oil rHI~G..
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Frank A. Schuma
June 27, 1984
Page 2
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1. For purposes of the application of
this section, the central business district
is defined as that area bounded on the north
by Seventh Street, on the south by Rialto
Avenue, on the East by Sierra Way, on the
west by the 1-215 freeway.
2. 'Chain link fence' is defined as
fence, composed of upright structures,
including but not limited to posts, poles,
masonry, brick or buildings over which or
between which galvanized or metallic chain
link fence fabric is stretched and attached
by tie wires, hog wires or other attachment
devices.
3. 'Chain link gate' is defined as a
gate composed of posts, poles, tension wire
or other rigid structures, over which chain
link fence fabric is stretched and attached
by tie wires, hog wires, or other attachment
devices.
B. The prohibition of Section 19.62.080 A
shall not apply to chain link fencing erected
around sites where the work of building
construction or building modification has
commenced. These fences shall be removed
within ninety days following the completion
of such work of construction or modification.
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C. The prohibition of Section 19.62.080 A
shall apply equally to fencing, any part of
which is composed of galvanized or metallic
wire mesh fabric, barbed wire, or razor
ribbon."
Consistent with the addition of this new resolution, Section
19.62.050 of the Code should be modified by adding to the
last sentence thereof: "Except as provided in Section
19.62.080".
to this proposed language.
JFW:dp