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CI\...t OF SAN BERNARDUO - REQUUT FOR COUNCIL AC....ON
From: Ralph H. Prince
Subject: Ordinance Requiring Separation of
Specified Property Uses by a
Six-Foot Solid Decorative Wall
Dept: City Attorney
Date: April 26, 1985
Synopsis of Previous Council action:
4/15/85
Council referred the proposed amendment to the Municipal
Code regarding wall height separating commercial-industrial
uses from residential areas to the Legislative Review
Committee.
4/25/85
Legislative Review Committee approved proposed amendment to
the Municipal Code with minor modifications and directed
City Attorney to place on May 13, 1985 Council agenda.
Recommen<:led motion:
Waive further first reading of ordinance and layover for
final adoption.
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Contact person: John F. Wilson
Phone:
5162
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
N/A
Supporting data attached: Yes
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No.'- ~.
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19.22.090, 19.36.080, 19.38.080, 19.20.070 AND 19.56.390 OF THE
3 SAN BERNARDINO MUNICIPAL CODE REQUIRING SEPARATION OF SPECIFIED
PROPERTY USES BY A SIX-FOOT SOLID DECORATIVE WALL.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1. Section 19.22.090 of the San Bernardino
7 Municipal Code is amended to read as follows:
8
-19.22.090 Walls.
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A. There shall be a six-foot solid decorative wall on all
10 side and rear lot lines reduced to three feet in height at the
11 required front yard setback of the abutting residential district.
12 No walls are required when property abuts other commercial,
13 administrative-professional or industrial districts; four-inch by
14 six-inch raised bumper guards or the equivalent shall be so
15 placed to prevent encroachment onto abutting private or public
16 property.-
17
SECTION 2. Section 19.36.080 of the San Bernardino
18 Municipal Code is amended to read as follows:
19
-19.36.080 Walls.
20 There shall be a six-foot solid decorative wall on all side
21 and rear lot lines, reduced to three feet in height at the
22 required setback of the abutting residential district.-
23
SECTION 3. Section 19.38.080 of the San Bernardino
24 Municipal Code is amended to read as follows:
25
-19.38.080 Walls.
26
Wherever a lot or parcel in the M-IA district sides on or
backs to a lot or parcel in any R District, a minimum six-foot
solid decorative wall shall be constructed along the property
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line separating the M-IA district from the R district or along
the alley right-of-way line on the M-IA district side of the
alleY1 provided, that such wall shall not be more than three feet
in height in any front yard or street side yard area. Such wall
shall not be required until the lot or parcel is occupied by a
permitted use or building."
SECTION 4. Subsections C and D of Section 19.20.070 of the
San Bernardino Municipal Code are amended to read as follows:
"C. When a transitional district consists of property
siding on a commercial district and has frontage lying along a
residential street, there shall be a six-foot solid decorative
wall erected along the property line abutting the residential
district. Said wall shall be reduced to three feet in height at
the line of the front yard of the abutting residential district.
There shall also be a three-foot solid decorative wall on the
street frontage, which wall shall be set back from the property
line a distance not less than six feet.
D. When a transitional district extends from the rear of a
commercial district to the street fronting on a residential
district. there shall be a solid decorative wall not less than
six feet in height and set back from the front property line a
distance not less than six feet. The wall on the side street
shall be not more than six feet in height and set back not less
than six feet from the side street property line."
SECTION 5. Section 19.56.390 of the San Bernardino
Municipal Code is amended to read as follows:
"19.56.390
Separation from residential districts by wall. I
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A. Where a public parking area or a private parking area
2 immediately abuts property zoned as residential, or where such
3 parking areas and property are divided only by an alley or
4 driveway, such parking area shall be completely separated from
5 the property zoned as residential by a six-foot solid decorative
6 wall, provided that such wall shall not exceed three feet in
7 height where it is in the front yard area of an abutting
8 residential use or district. Where no fence or wall is required
9 along a boundary of an area covered by this section, there shall
10 be a concrete curb not less than six inches in height securely
11 installed and maintained as a safeguard to abutting property or
12 public right-of-way. The barrier shall not be less than three
13 feet from a property line.
14 B. Upon application to the Planning Commission by the owne
15 and occupant of any affected residence, the requirements of this
16 section may be modified as deemed necessary by said Commission
17 where the Commission finds that the wall required by this sectio
18 will constitute a disproportionate and unreasonable interference
19 with the circulation of air, the receipt of light or the securit
20 of any residential structure within ten feet of said wall. The
21 provisions of this section are not to be interpreted as
22 constituting the creation of or recognition of any easement for
2, air, light, or view."
24 I HEREBY CERTIFY that the foregoing ordinance was duly
25 adopted by the Mayor and Common Council of the City of San
26 Bernardino at a meeting thereof, held on the
27 day of , 1985, by the following vote, t
28 wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
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CITY CLERK
7
day
The foregoing ordinance is hereby approved this
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of
, 1985.
9
Mayor of the City of San Bernardino
Approved as to form:
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City Attorney
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