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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Date:
July 12, 2005
Synopsis of Previous Council Action:
Subject: Development Code Amendment No. 04-04
to amend Development Code Section 19.20.030(8),
Table 20.01 to allow school uses (which legally
existed prior to November I, 2004) in residential
land use districts to have six foot high decorative
front yard security fencing.
MCC Date: August I, 2005
On November I, 2004 Urgency Ordinance MC-1191 was adopted to allow schools to have fences
up to six feet in height. This urgency ordinance will expire on August I, 2005.
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
VafuWc. ~t~ Funk
Contact person: Ben Steckler, Associate Planner
Supporting data attached: Staff Report
Phone: 384-5057
Ward(s): City-wide
Fl;"NDING REQUIREMENTS: Amount: N/A
Council Notes:
Finance:
Agenda Item No. $-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO!\'
STAFF REPORT
SUBJECT:
Development Code Amendment No. 04-04 to amend Development Code Section
19.20.030(8), Table 20.01 to allow school uses (which legally existed prior to
November 1, 2004) in residential land use districts to have six foot high
decorative front yard security fencing.
Applicant:
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
BACKGROUND:
First Church of the Nazarene submined a request for a variance to allow a 6 foot high wrought iron
fence in the front yard area of an existing pre-school at 1697 N. Sierra Way. The Planning
Commission tabled the request on October 19, 2004, because the findings for the variance could not be
made. The Mayor and Common Council adopted an Urgency Ordinance on November I, 2004
allowing 6 foot high decorative security fencing (such as wrought iron fencing) at schools in residential
land use districts which were legally established prior to November 1. 2004. The Mayor and Common
Council then directed staff to complete a Development Code Amendment. The Development Code
Amendment is requested Citywide (see Planning Commission Staff Report titled Exhibit 1).
At their meeting of March 22. 2005. the Planning Commission voted 6 to 0 to recommend approval of
DCA No. 04-04. Commissioners Brown, Coute. Durr. Heasley. Powell. and Sauerbrun voted in favor
of the DCA. Commissioners Morris and Enciso were ahsent.
FINANCIAL IMPACT
None.
RECOMMENDA nON
Staff reconunends that the Mayor and Common Council close the public hearing and that the ordinance
be laid over for final adoption.
EXHIBITS:
Planning Commission Staff Report Dated March 22. 2005.
2 Ordinance
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ORDI:\A:\CE :\0.
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5 THE t\lA YOR AND COt\lIvlON COUNCIL OF THE CITY OF SA1\:
BERNARDINO DO ORDAIN AS FOLLOWS:
A:\ ORDI:\A:\CE OF THE CITY OF SA:"\ BER:\ARDI:\O MODIF\'I:\G
CHAPTER 19.20 (PROPERTY DEVELOP1\IE:\T STANDARDS), SECTlO:\ 19.2(l.030(8).
TABLE 20.01 OF THE SA:\ BER:\ARDI:\O :\1l':\ICIPAL CODE (DEVELOP:\IE:\T
CODE) RELATED TO HEIGHTS OF FE:\CES FOR SCHOOLS (ESTABLISHED
PRIOR TO :"\OVDlBER I. 2004) [:\ RESIDE:\T1AL LA:\D CSE DISTRICTS.
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SECTION 1. Chapter 19.20, Section 19.20.030(8), Table 20.01 height limitations
for security fencing is amended to allow six (6) foot high decorati\'e securit\' fencing for
schools established prior to November 1, 2004 as shown in Attachment 1, attached
hereto and incorporated herein bv rderence.
SECTION 2. Severabilitv. In the event that any provision of this Ordinance, or
anv part thereof, or any application thereof to any person or circumstance, is for am'
reason held to be unconstitutional or otherwise invalid or ineiiecti\'e by any court of
competent jurisdiction on its face or as applied, such holding shall not affect the validity
or effecti\'eness of any of the remaining provisions of this Ordinance, or any part
thereof, or anv application thereof to am' person or circumstance or of said provision as
applied to any other person or circumstance. It is herebv declared to be the legislative
intent of the City that this Ordinance would have been adopted had such
unconstitutional, im'alid, or ineffective provisions not been included herein.
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A:\" ORDINA:\"CE OF THE CITY OF SA:\" BER:\"ARDI:\"O '\IODIFYl:\"C
1 CHAPTER ]9.20 (PROPERTY DEVELOP'\lE'\"T STA'\"DARDS). SECTIO'\" ]9.20.030(8).
TABLE 20.0] OF THE SA'\" BER:\"ARDIl\'O ,\ICl\']C1PAL CODE (DEVELOP,\]EYI
2 CODE) RELATED TO HEIGHTS OF FE'\"CES FOR SCHOOLS (ESTABLISHED
PRIOR TO :\"OVE'\1BER ]. 2004) I:\" RESIDE:\"TlAL LA:\"D CSE D]STRICTS.
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I HEREBY CERTIFY that the foregoing ordinance was dulv adopted b\' tIll'
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:vlavor and Common Council of the Citv of San Bernardino at a
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6 thereof, held on the
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da\' of
2005, bv the
following vote to wit:
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ABSTAIN
ABSENT
NAYS
AYES
Council Members:
ESTRADA
LONCVILLE
:VIC CINNIS
DERRY
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KELLEY
JOHNSOf\:
MC CAMMACK
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Citv Clerk
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The foregoing ordinance is hereby approved this _ day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JA\IES F. PEMdAN
25 City Attorne\'
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By: ....-";_
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A TT ACHMENT 1
TABLE 20.01
FEI\:CES, WALLS, HEDGES
HEIGHT AND TYPE Ll!\IITS
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Districts
Maximum Permitted Heights'
1. Residential
Front vard or side of street ,'ard
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(not including the rear yard)'''-'
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Other yard area
Outside of required ~'Jrd area
Abutting a non-residential district
6'
8'
6'
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Commercial, Industrial and Institutional
Front \'ard of side of street \"ani
2'-6"
6'
8'
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10'
12'
Abutting residential districts
Other yard area
Outdoor storage area visible from public rights-of-
wav (located behind required vards)
~. All.Districts-Traffic Safeh" Site Area
2'-6"
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Public I\ights-of-\,yay
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J. f lillside Management Overlav - Retaining Walls
L,'hillSlope
Dc)\\'n Slope
lllts slL1ping with the strcet
:\djacent to Dri\"L'ways
Facing Streets
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3'-6"
3'-6"
8'
5'
I). Foothill firL' Zone Overlay - Fences and \\'alls
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Solid Structures
Open work structures or plants
(must permit passage of a minimum of 90%
light.)
Solid, decorative masomv wall
Solid structures or plants
Open work structures
Solid, decorative masonry wall
Commercial
Industrial
Constructed with J1dlural, indigenous
materials
Constructed with non-combustible
materials onI\".
'The limitations shall not applv in the following instances.
1. Where a greater height is required by any other provision of the Municipal Code; or
~ Where a greater height or type of fence, wall or hedge is required bv a condition of
'lpprOyal.
3Rear yard defined for the purposes of this section shall be from the rear property line to
the rear planers) of the structure. MC 8881/6/94
~Except for school uses (including pre-schools) which were legally established prior to
\:ovember 1, 2004, which may have ,1 6' decorative securitv fence (wrought iron) in the
front \'ard area and street-side side yard areas.