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HomeMy WebLinkAboutMC-1191 Adopted: November 1, 2004 Effective: November 1, 2004 1 2 3 4 5 ORDINANCE NO. MC-1l91 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO HEIGHTS OF FENCING FOR SCHOOLS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 8 SECTION 1. FINDINGS. The Mayor and Common Council of the City of San 9 Bernardino hereby finds and declares that: 10 11 12 13 14 15 (a) The fence height limitations established in Section 19.20.030(8)(A), Table 20.01 of the Municipal Code (Development Code) were established to promote the health, safety, and welfare for residential, commercial, industrial, and institutional land uses, while maintaining aesthetic qualities throughout the City. (b) There are certain situations, such as pre-schools and kindergarten through 12th 16 grade schools, where increased fence height of up to six feet may be necessary for safety 17 purposes. 18 19 20 21 22 23 24 25 26 27 28 (c) There is a potential immediate safety and security problem at the First Church of the Nazarene pre-school, and there may be other similar situations at pre-schools and kindergarten through 12th grade schools in the City. The Mayor and Common Council need to ensure the safety of the City's schoolchildren. SECTION 2. Chapter 19.20, Section 19.20.030(8)(A), Table 20.01 of the Municipal Code (Development Code) is amended to add subsection (7), to allow schools to have fences up to six feet in height, as shown in Attachment 1 and incorporated herein by reference. SECTION 3. This Urgency Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303(e), New Construction or Conversion of 1 . Me-u91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Small Structures, accessory (appurtenant) structures, including fencing. In addition, the Municipal Code (Development Code) permits fencing; this ordinance merely addresses height. SECTION 4. This Urgency Ordinance shall automatically expire nine months after adoption unless extended by the Mayor and Common Council. The City's Development Services Department has been directed to process a regular Ordinance amending the Development Code. SECTION 5. This Urgency Ordinance is based upon the findings set forth in Section 1, above, and the accompanying Staff Report, and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Article III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinance shall take effect immediately upon adoption. SECTION 5. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other 17 18 persons or circumstances. 19 IIII 20 IIII 21 IIII 22 23 24 25 26 27 28 2 Me-U91 1 2 3 4 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO HEIGHTS OF FENCING FOR SCHOOLS. 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 7 on the 1st day of November , 2004, by the following vote to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT x x x x x x x 17 18 19 20 2004. 21 22 (2~b..~ City'clerk The foregoing ordinance is hereby approved this M day of _November J H VALLES, Mayor ity of San Bernardino , Me-U91 ATTACHMENT 1 TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS 1. Districts Residential Front yard or side of street yard (not including the rear yard)' 2. Other yard area Outside of required yard area Abutting a non-residential district Commercial, Industrial and Institutional Front yard or side of street yard 3. 4. 5. Abutting residential district Other yard area Outdoor storage area visible from public rights-of-way (located behind required yards) All Districts-Traffic Safety Site Area Public Right-of-Way Hillside Management Oyerlay Retaining Walls Uphill slope Down slope Lots sloping with the street Adjacent to driveways Facing streets 6. Foothill Fire Zone Overlav - Fences and Walls 7. All Districts - Schools' Maximum Permitted Height' 3' 4' Solid structures Open work structures (must permit the passage of a minimum of 90% of light) 6' 8' 6' Solid, decorative masonry wall 2'6" 6' 8' 8' 10' 12' Solid structures Open work structures Solid, decorative masonry wall Commercial Industrial 2'6" 8' 8' 3'6" 3'6" 8' 5' Constructed with natural, Indigenous materials Constructed with non- combustible materials only Open work structure (wrought iron or tubular steel) 6' The limitations shall not apply in the following instances: ]Where a greater height is required by any other provision ofthe 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. 'Schools include pre-schools and K -12.