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HomeMy WebLinkAboutMC-1384 Adopted: December 17, 2012 Effective: January 16, 2013 1 ORDINANCE NO. MC-1384 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION 19.20.030(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED a YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS. 5 WHEREAS, concerns have been raised by business owners in the City about break-ins and theft 6 of property, particularly when stored outside; and 7 WHEREAS,the current Development Code currently limits the height of non-electrified fencing 8 to a maximum of 12 feet in height when located behind required yards; and 9 WHEREAS, an amendment to San Bernardino Development Code Section 19.20.030(8) will 10 I allow fencing up to 16 feet in height when located behind required yards on properties in industrial land I use districts to provide for enhanced property security; and 12 WHEREAS, on October 17, 2012, the Planning Commission of the City of San Bernardino held 13 a noticed public hearing to consider public testimony and the staff report regarding the request to allow 14 fences up to 16 feet in height on properties located within industrial land use districts; and 15 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 16 the proposed Ordinance was published in The Sun newspaper on November 21,2012 17 18 19 za NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 21 22 SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and 23 hereby adopt and incorporate them herein. 24 SECTION 2. Findings of Fact. 25 A. The Ordinance amending the Development Code is consistent with the General Plan of 26 the City of San Bernardino. The proposed amendment implements Land Use Policy 2.8.3 by allowing 21 the installation of fencing up to 16 feet in height on properties within the industrial land use districts, 28 which will help improve safety by deterring theft and trespass of private property. I MC-1384 1 B. The proposed Ordinance amending the Development Code will not be detrimental to the 2 public interest, health, safety, convenience or welfare of the City. The proposed amendment will 3 provide an additional measure of security for private property by allowing installation of fencing up to a 16 feet in height as a deterrent to trespassers and theft. 5 SECTION 3. San Bernardino Development Code Section 19.20.030(8) is hereby added to read 6 as shown on Exhibit A, attached and incorporated herein. 7 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and 8 Common Council finds that the proposed Ordinance amending Section 19.20.030(8) of the Development 9 Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 10 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably 11 foreseeable indirect physical change in the environment. 12 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 13 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 14 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 15 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more 16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 17 ineffective. 18 19 20 21 22 23 24 25 26 27 28 2 MC-1384 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO DEVELOPMENT CODE SECTION 2 19.20.030(8) TO ALLOW 16-FOOT TALL FENCES AND WALLS BEHIND REQUIRED 3 YARDS ON PROPERTIES LOCATED WITH IN THE INDUSTRIAL LAND USE DISTRICTS. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a xagui ar meeting thereof, held on thei7th day b of December , 2012, by the following vote to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ % 10 JENKINS x I VALDIVIA x a 12 SHORETT a 13 KELLEY JOHNSON x 14 MC CAMMACK % 15 16 pti/f 17 �J ----,-arm Hanna, Clerk 18 19 r a 20 The foregoing Ordinance is hereby approved this S day of December , 2012. 21 22 23 AT MORRIS, ayor 24 Approved as to form: City of San Bernardino JAMES F. PENMAN 2s City Attorney 26 27 B . 28 3 KC-1384 EXHIBIT A CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS 19.20.030 8. FENCES AND WALLS TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS 2. Commercial Industrial and Institutional Front yard or side of street yard 2'6" Solid structures 6' Open work structures Abutting residential district 8' Solid, decorative masonry wall Other yard area 8' Outdoor storage areas visible 10' Commercial from public rights-of-way(located 16' Industrial behind required yards Electric fences (located behind a primary fence),barbed wire,razor wire, or concertina wire: within a setback area 10' Commercial/Industrial outside the setback area 16' Industrial /// HI