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HomeMy WebLinkAbout12-Development Services ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services 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. Date: July 12, 2005 MCC Date: August 1, 2005 Synopsis of Previous Council Action: On November 1, 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 1, 2005. Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. VoWrivc 0wt:: Funk Contact person: Ben Steckler, Associate Planner Phone: 384-5057 Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: N/A Ward(s): City-wide Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda It it /-<1' d- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 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 submitted 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 1,2004 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 absent. FINANCIAL IMPACT None. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing and that the ordinance be laid over for final adoption. EXHIBITS: 1 Planning Commission Staff Report Dated March 22,2005. 2 Ordinance SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 04-04 4 March 22, 2005 City Wide OWNER NjA APPLICANT: City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 909-384-5057 REQUESTjLOCA TION: A request for approval of a Development Code Amendment to 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. This Development Code Amendment will apply throughout the City of San Bernardino. CONSTRAINTSjOVERLA YS: N/A. ENVIRONMENTAL FINDINGS: D Not Applicable... r8J Exempt, Section 15305 Minor alterations to land use limitations. D No Significant Effects D Previous Negative Declaration D Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: r8J Approval D Conditions D Denial D Continuance to: .~. Develo' "nt Code Amendment No. 04-04 Meeting Date: 03-22-04 Page 2 REQUEST AND LOCATION The applicant requests approval of a Development Code Amendment to Section 19.20.030(8), Table 20.01, under authority of Development Code Section S 19.42.050 to allow school uses (which legally existed prior to November 1, 2004) to have six foot high decorative front yard security fencing to protect the children at these institutions. This Development Code Amendment will apply throughout the City of San Bernardino, to similar uses within any land use district. BACKGROUND First Church of the Nazarene submitted a request of 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, 2005, because the findings for the variance could not be made. The Mayor and Common Council adopted an Urgency Ordinance on November 1,2004 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS Planning staff reviewed the project under the requirements of the California Environmental Quality Act and the project has been found to be Categorically Exempt under Section 15305, as an alteration to a land use limitation as related to fence heights. FINDINGS OF FACT DEVELOPMENT CODE AMENDMENT 1. Is the proposed amendment consistent with the General Plan? Yes, the proposed use is consistent with General Plan Policy 1.1.7 w~ch states: "Allow for the provision of governmental administrative, health, social, religious, and other similar services to meet the needs of the existing public and quasi-public agencies and establishing standards and guidelines for the development of new facilities." The proposed amendment will establish a new standard of development in relation to security fencing in the front yard area of school uses (which legally existed prior to November 1, 2004) including, but not limited to pre-schools, private schools, etc. Thus the proposed amendment will be internally consistent with the General Plan. Develo' 'nt Code Amendment No. 04-04 Meeting Date: 03-22-04 Page 3 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? No, the proposed amendment would not be detrimental to the public interest, health, safety, convenience and welfare. It would actually benefit the public interest, health, safety, and welfare of the City in that it will provide for decorative security fencing to protect children within our school uses. This will provide added safety for the children playing in front yard areas. CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Development Code Amendment. RECOMMENDA nON Staff recommends that the Planning Commission recommend that the Mayor and Common Council: . Approve Development Code Amendment No. 04-04 based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, J~~.Rt#-rJr ~:~:ces en Steckler Associate Planner Attachment A Proposed Amendments to Development Code ATTACHMENT A TABLE 20.01 FENCES, WALLS, HEDGES HEIGHT AND TYPE LIMITS Districts Maximum Permitted Heights" 1. Residential Front yard or side of street yard (not including the rear yard)3&4 3' Solid Structures 4' Open work structures or plants (must permit passage of a minimum of 90% light.) Other yard area Outside of required yard area Abutting a non-residential district 6' 8' 6' Solid, decorative masonry wall 2. Commercial, Industrial and Institutional Front yard of side of street yard Abutting residential districts Other yard area Outdoor storage area visible from public rights-of- way (located behind required yards) 2' -6" Solid structures or plants 6' Open work structures 8' Solid, decorative masonry wall 8' 10' Commercial 12' Industrial 3. All-Districts-Traffic Safety Site Area 2'-6" 4. Public Rights-of-Way 8' 5. Hillside Management Overlay - Retaining Walls Uphill Slope Down Slope Lots sloping with the street 8' Adjacent to Driveways 3' -6" Facing Streets 3' -6" 8' 5' 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with natural, indigenous materials 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, wall or 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 8881/6/94 4Except for school uses (including pre-schools) which were legally established prior to November 1, 2004, which may have a 6' decorative security fence (wrought iron) in the front yard area and street-side side yard areas. ..~...,. ..-....,. jCi:;' ~~t: A -, '..,FOR OFFICE USE ONLY - NOY"A PUBLlCDOCUMENY**':'" <;::;~~?: ,.", '<tTI~";: "-"Kf~'fj}~t. ., '" :'::"':'$;.f;h9:;;;':~> ..,. . 'CITY OF SAN BERNARDINO : CITY CLERK'S OFFICE -"-.'-:" , ~',' RECORDS & INFORMATION MANAGEMENT PROGRAM AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: ~ 15 _0"; Item No. /:2.. Resolution/Ordinance No. /71 C - 12.1 L Ordinance Urgency: Yes /(!jiJ Effective Date: q /15 / c:;,S- Termination/Sunset Date: I I /- Vote: Ayes: - 7 Nays: 8 Abstain: ' ---6)-- Absent: 7~- Date Sent to Mayor:f.-,/) U>n " 'ij /IC-/C.S- Date Returned from Mayor: 'i: //~/ C~ Dol. of M.yo<', S;g',,"~' 'if /'fl~~ ~ D.to of (I"k', S;g","~, ,; Ilj/o :;- Date Summary Sent ~Atto~ey: _' / (/ C' 5: Date Summary Returned from Attorney: Date Published: ,:) 2- C ' , ~/ / ...- '';/(7/0-.:5 / ( Meeting Type: Continued From ~ Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distributed To: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: Jvl4-l';~ ~ - I ',__ , ~ / /7 / {' '')0 ~ ! / -~ - No Ready to File: Date: DOCUMENT lClCA noN: FOaMSIAIMda ..... TrodIinI Form . CC Form No. III . use updaoed: 12/0411996