Loading...
HomeMy WebLinkAbout24- Planning & Building Services CITY OF SAN BERNA. .DINO - REQUEST FG_ . COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 93-0' Dept: Planning & Building Services Mayor and Common Council Meeting November 1 , 1993 Date: October 14 , 1993 Synopsis of Previous Council action: On May 13 , 1993 , the Mayor and Common Council referred to the Legislative Review Committee (LRC) , a proposal to direct Planning staff to prepare a Development Code Amendment to allow chain link fences in residential land use districts in certain circumstances . The Legislative Review Committee met on July 8 , 1993 and directed Planning staff to prepare the previously described Development Code Amendment for presentation to the Mayor and Common Council . Recommended motion: 1 . That the hearing be closed, the Development Code Amendment be approved, the first reading be waived and the ordinance be laid over for final adoption; or 2 . That the hearing be closed, the Development Code Amendment be approved, subject to the modifications recommended by the Planning Commission, the first reading be waived and the ordinance be laid over for final adoption incorporating the necessary changes; or 3 . That .the hearing be closed and Development Code Amendment No. 93-09 be denied. Siarla �: ture Al Boughey, Director 384-5357 Contact person: Phone: Staff: Report, Ordinance Citywide Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 7 /� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-09 REQUEST/LOCATION: This is a City-initiated Development Code Amendment to Section 19.20.030(8)(C) to modify the land use designations which allow chain link fencing in the rear and side yards (not visible from a public street) in all residential zones. Also, to allow chain link fencing within the front and street side yards of single family homes in the RS, Residential Suburban and RU, Residential Urban land use zoning districts; and at the front and street-side property lines (six feet high) for vacant commercial or industrial lots or buildings to be removed upon development or occupancy. This amendment will affect the entire incorporated portion of the City of San Bernardino. KEY ISSUES: The key issues are as follows: • There are various residential areas which have a large number of houses with chain link fencing used on the property. • There is a concern regarding the higher cost of non chain link fencing which is now required, as opposed to the cost of chain link fencing. • Property owners of vacant buildings or land are concerned about vandalism and crime. • Chain link fencing is considered by some to be aesthetically unpleasant. • Chain link fencing installed in the front yard of vacant commercial or industrial property or buildings will be removed upon development or occupancy. ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable fencing development standard is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to allow chain link fencing in residential land use designations and certain commercial/industrial applications and will not impact the environment. Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning Commission. Development Code Amendment 93-09 Mayor and Common Council meeting of November 1, 1993 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Approve Development Code Amendment 93-09 as proposed; 2. Modify Development Code Amendment 93-09 and approve; or 3. Deny the Development Code Amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed Development Code Amendment 93-09 on September 21, 1993, and voted 5-2 to recommend to the Mayor and Common Council; approval of the Development Code Amendment, deleting the portion of the amendment allowing chain link fencing in the front and street side yards of single family homes in the RS, Residential Suburban and RU, Residential Urban land use designations while maintaining the remainder of the amendment as proposed, based upon the attached Findings of Fact (Attachment A). STAFF RECOM[ME.NDATION: Staff recommends that the Mayor and Common Council approve the Development Code Amendment and adopt the Ordinance. Prepared by: Jeffery S. Adams, Assistant Planner For: Al Boughey, Director, Planning and Building Services EXHIBITS: 1. Planning Commission Staff Report Attachments: A. Findings of Fact B. Proposed Wording For Section 19.20.030(8)(C) C. Comparative Cost Analysis 2. Ordinance Ab CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #2 SUMMARY HEARING DATE September 21, 1993 WARD Citywide APPLICANT: City of San Bernardino W Cl) Development Code Amendment No. Q p OWNER: N/A U 93-09 The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify the land use designations , which allow cnain link fencing N in the rear and side yards, to include all residential zones. Also, to allow Uj chain link fencing within the front yard in the RS, Residential Suburban O and RU, Residential Urban; and at the front and street-side property lines W (six feet high) for vacant commercial/industrial lots or buildings. Q The amendment is citywide. W cc Q ENVIRONMENTAL: Exempt per Section 15601(b-3) EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION All residential , commercial and industrial land use designations. GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: ❑ YES HAZARD ZONE: ❑ NO ZONE: ❑ NO ❑ ZONE B ❑ NO HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =PROJECT OPMENT ❑ YES HAZARD ZONE: ❑ NO CRASH ZONE: AREA: ❑ NO ❑ NO Q ❑ NOT POTENTIAL SIGNIFICANT Z ® APPROVAL APPLICABLE EFFECTS WITH Q H MITIGATING MEASURES LLJ � NO E.I.R. W G El CONDITIONS M Z ® EXEMPT ❑ E.I.R. REQUIRED BUT NO U. Z E] DENIAL Z G SIGNIFICANT EFFECTS Q W OZ WITH MITIGATING H M Ir MEASURES N 2 ❑ CONTINUANCE TO Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V W EFFECTS SEE ATTACHED E.R.C. W MINUTES ¢ Exhibit e Development Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 1 REQUEST: The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify the land use designations which allow chain link fencing in the rear and side yards, to include all residential zones. Also, to allow chain link fencing within the front yard in the RS, Residential Suburban and RU, Residential Urban; and at the front and street-side property lines (six feet high) for vacant commercial/ industrial lots or buildings. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable fencing development standard is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to allow chain link fencing in residential land use designations and certain commercial/industrial applications and will not impact the environment. BACKGROUND: On May 13, 1993 the Mayor and Common Council referred to the Legislative Review Committee (LRC), a proposal to direct Planning Staff to prepare a Development Code Amendment to allow chain link fences in residential land use districts in particular circumstances. The LRC met on July 8, 1993 and directed Planning Staff to prepare the previously described Development Code Amendment for presentation to the Mayor and Common Council. ANALYSIS: Proposal The proposal is to allow chain link fencing in all residential land use districts in the rear and side yards, if the yards are not adjacent to a public street. The fences shall be constructed with a top rail and post caps, except for temporary fences surrounding construction sites. This request also allows chain link fencing in the front yard of single family residences in the RS, Residential Suburban and the RU, Residential Urban land use designations. Six foot high chain link fences would be permitted at the property line for vacant commercial/industrial lots or buildings in all commercial and industrial land use districts. The fences which are visible from the street would be removed upon development or re-occupancy of the building. Development Code Amendment No. 93-09 Agenda Item 2 Hearing Date: 9-21-93 Page 2 The issue of whether to permit chain link fencing in front yards is primarily one of aesthetics. Staff feels that chain link fencing will not negatively affect the aesthetics of single family neighborhoods. A price comparison was done to identify the difference in cost between wrought-iron fencing, which is currently required, and chain-link fencing. The prices compiled, although not exact, are-the surveyed companies best estimates for mid-range prices. As shown in Attachment C, the price of wrought-iron (installed) is approximately 2.5 times more expensive than standard chain-link (installed). Vinyl coated chain-link is just over half the price of wrought-iron for costs including installation. General Plan Consistency The proposed Development Code Amendment is consistent with the General Plan in that General Plan Objective 8.2 states that it shall be the objective of the City of San Bernardino to increase the ability of the residents and the Police Department to minimize crime and provide security for residential, commercial, industrial and public buildings, sites and open space. Policy 8.2.4 further states that it shall be a policy of the City to require the provision of security measures and devices that are designed to increase visibility and security in the design of building siting, interior and exterior design, and hardware. AMENDMENT The amendment proposes to allow the use of chain link fencing in all land use districts under certain conditions; rear and side yards not visible from a public street in all land use districts; in the front yards of RS, Residential Suburban and RU, Residential Urban and in the front yard of vacant buildings or lots in all commercial and industrial land use designations (See Attachment B). The height limitations are addressed in Table 20.01 of the Development Code and are not affected by this amendment. The following changes will be incorporated into the Development Code: SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences if approved by the Director. I Development Code Amendment No.Item-0#2 Hearing Date: 9-21-93 Page 3 ..'T, in all commercial, industrial Chain link fencing is permitted �h and residential land use districts. The fence may fence would not be readilynvvisirear property lines behind the front yard setback, if the c allowed of the front ya from a public rd of street. Chain-link fencing sin le family residences in the RS, Residential Suburban Cha'm link fencing in g prohibited by CC Urban land use designations unless p rails and post caps• residential land use districts shall have top Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence hall'be street by from the front yard or any other location visible from owner/applicant at the time of development or occupancy. In addition, chain link fencing with neutral colored riets and within yards,storage the areas located in the CH, IL, III, IE land use street Landscaped fence would not be readily visible from a public public planting of sufficient density an d height may be used to screen courts, private and view. Additionally, chain link fencing may law d commercial, temporarily at construction sites, and e al err�eO�rnm�t l� any law o thereof. regulation of the City, the State of Caiiforn , is to be deleted. "BOLD" text is to be added. NOTE: Text shown as CONCLUSION: The request is to amend the Development Code to allow the c e empt om10EQA.1 land eq use districts under certain conditions. The project is categorically If chain proposed Development Code Amendment is City initiated*vis ble from a public street approved,all land link fencing will be allowed in the rear and side yards n yard in use districts. Chain link fencing will also be allowed in nd in alit Y ands for vacant bul dings Suburban and RU, Residential Urban land use designations, a or lots in all commercial or industrial land use designations. IDevelopment Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 4 RECOMMENDATION: Staff proposes that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 93-09 subject to the attached Findings of Fact (Attachment " Prepared by: Weqry (, A isQnt Planner Prepared for: r Planning and Building Services Attachment: A - Findings of Fact B - Proposed wording for Section 19.20.030 (8)(C) C - Comparative Cost Analysis Development Code Amendment No. 93-09 Agenda Item: 2 Hearing Date: 9-21-93 Page 5 FINDINGS OF FACT Development Code Amendment No. 93-09 1. The amendment is consistent with the General Plan in that the purpose of General Plan Objective 8.2 is to increase the ability of residents to provide security for residential and commercial/industrial property to help minimize crime. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that allowing chain link fencing in residential land use districts may help reduce the potential for criminal activity. ATTACHMENT A AINk p * Development Code Amendment N Item Z Agenda Hearing Date: 9-21-93 Page 6 SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING The use of barbed wire, electrified fence or razor wire fence�ctConjunct prohibited any fence, wall, roof, hedge, or by itself within any land Federal required by any law or regulation of the Cisyma the State of use electrical fences if approved Agricultural use y Government, or agency thereof. Ag by the Director. Chain link fencing is permitted in all commercial, industrial and residential land use may only be located on side and rear property lines behind the front districts. The fence I yard setback, if the fence would not be readily visible from public the RS, Residential fencing is allowed in the front yard of single family residences by Suburban and the RU, Residential Urban land use designations unless prohibitedand have top rail CC&R's. Chain link fencing, in residential land use neutral colored slats may be used for post caps. In addition, chain link fencing With yards, if the fence would not be readily Landscaped storage areas located .within required Y� of sufficient density and height visible from a public right-of-way. LandP planting may be used to screen the fence from public view. Additionally,moat construction sites, and be used with tennis courts, private and commercial, temporarily where it is required by any law or regulation of the City, the State of Calif°rnia, Federal Government, or agency thereof. Six foot high chain link fencing is pe rmitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence b shall owner appliicant at the front yard or any other location visible from a public str y time of development or occupancy. ATTACHMENT B Development Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 7 COST ANALYSIS Chain-link vs. Wrought-iron COMPANY TYPE 4 FT 5 FT 6 FT 4 FT 5 FT 6 FT retail retail retail installed instl instl Number 1 Chain-link # , NSAfA $5.00 $5.50 $6.00 ::::>: Wrought-iron N AA. Nl 1 A Number 2* Chain-link $0.89 $1.12 $1.31 $3.85 $4.00 $4.20 10.00 $ .50 $ 12 $14.00 oug Wr ht iron 1A > >�11 <>.... . 4 6.00 5. 0 'n link `> ; to>< �T1 '<... 5.00 $ $ Number 3 Chas �T :::::.: 4 4 1 1 .00 .00 Wrought-iron <` A. $% 11.00 $ $ _ 1 >:> . . .. ............ Plus Number 4 Chain-link $1.54 $1.94 $2.26 $5.00 $5.25 $5.50 Wrought-iron T1A lY $13.00 $14.00 $15.00 Vinyl CL $2.30 $2.90 $3.48 $6.05 $6.85 1 $7.50 0.98 1.24 1. 5 Number 5 Chain-link $ $ $ ................................................................ ....................................................... Wrought iron < < 1 <> > f '><>> >><>< 1 <« .... ..1. g Number Chain link 0.6 0.84 0.95 `< >>`` <? < dA'' ` .... . 6 $ $ $ 1 f# >> ` »> <<> <`> `' « > >< < >>>»Wrought-iron $4.50 $5.7 5 1 >>. 30 ( ) Number 7 Chain-link $1.90 $2.20 $2.50 $4.40 $4.80 $5.05 Wrought-iron per job only Vinyl CL $4.18 $4.85 1 $5.50 $5.85 $6.40 $7.00 o All prices are per linear foot o * Add approximately 40% to retail cost for accessories . ATTACHMENT C 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030(8)(C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE, TO 3 ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND 4 RESIDENTIAL LAND USE DESIGNATIONS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.20.030(8)(C), PROHIBITED FENCE MATERIALS/CHAIN 7 LINK FENCING, of the Development Code is amended to allow chain link fencing in all 8 commercial, industrial and residential land use designations when not visible from a public street; in the front and street side yards of RS, Residential Suburban and RU, Residential Urban 9 land use districts; and at the property lines of commercial or industrial parcels when there is vacant land or buildings; and is amended to read as follows [see Attachment A, Page III-7, of 10 the Development Code, attached hereto and incorporated herein by reference]: 11 "1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any 12 fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless 13 14 required by any law or regulation of the City, the State of California, Federal 15 Government, or agency thereof. Agricultural uses may use electrical fences if approved 16 by the Director. 17 2. Chain link fencing is permitted in all commercial, industrial and residential land use 18 districts. The fence may only be located on side and rear property lines behind the front 19 yard setback, if the fence would not be readily visible from a public street. Chain-link 20 21 fencing is allowed in the front and street side yards of single family residences in the RS, 22 Residential Suburban and the RU, Residential Urban land use designations unless 23 prohibited by CC&R's. Chain link fencing, in residential land use districts, shall have 24 top rails and post caps. 25 3. Six foot high chain link fencing is permitted at all property lines for vacant 26 commercial/industrial lots or buildings. The chain link fence shall be removed from the 27 28 front yard or any other location visible from a public street by the owner/applicant at the 1 1 time of development or occupancy. 2 4. In addition, chain link fencing with neutral colored slats may be used for outdoor storage 3 areas located in the CH, IL, IH, IE land use districts and within required yards, if the 4 fence would not be readily visible from a public street. Landscaped planting of sufficient 5 6 density and height may be used to screen the fence from public view. Additionally, 7 chain link fencing may be used with tennis courts, private and commercial, temporarily 8 at construction sites, and where it is required by any law or regulation of the City, the 9 State of California, Federal Government, or agency thereof. 10 5. The above limitations shall not apply where the prohibited fence material is required as 11 a condition of approval." 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Y ORDINANCE...AMENDING SECTION 19.20.030(8)(C) OF THE SAN BERNARDINO 1 MUNICIPAL (DEVELOPMENT) CODE, TO ALLOW CHAIN LINK FENCING IN ALL COMMERCIAL, INDUSTRIAL AND RESIDENTIAL LAND USE DESIGNATIONS. 2 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 3 4 Common Council of the City of San Bernardino at a meeting thereof, held 5 on the day of 1993, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 13 POPE-LUDLAM _ 14 MILLER 15 16 City Clerk 17 The foregoing ordinance is hereby approved this day 18 of 1993. 19 20 Tom Minor, Mayor City of San Bernardino 21 Approved as to 22 form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By' 26 27 28 3 PROPERTY DEVELOPMEI STANDARDS-19.20 B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrub- bery,mounds of earth, or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a Traffic Safety Sight Area. The forego- ing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date this Development Code be- comes effective; and official warning signs or signals. C. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. "The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences if approved by the Director. 2. Chain link fencing is permitted in all commercial, industrial and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be readily visible from a public street. Chain-link fencing is allowed in the front and street side yards of single family residences in the RS, Residential Suburban and the RU, Residential Urban land use designations unless prohibited by CC&R's. Chain link fencing, in residential land use districts, shall have top rails and post caps. 3. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard or any other location visible from a public street by the owner/applicant at the time of development or occupancy. 4. In addition, chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, IE land use districts and within required yards, if the fence would not be readily visible from a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private and commercial; temporarily at construction sites; and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 5. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. ATTACHMENT A ..T viol CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-09 REQUEST/LOCATION: This is a City-initiated Development Code Amendment to Section 19.20.030(8)(C) to modify the land use designations which allow chain link fencing in the rear and-side yards (not visible from a public street) in all residential zones. Also, to allow chain link fencing within the front and street side yards of single family homes in the RS, Residential Suburban and RU, Residential Urban land use zoning districts; and at the front and street-side property lines (six feet high) for vacant commercial or industrial lots or buildings to be removed upon development or occupancy. This amendment will affect the entire incorporated portion of the City of San Bernardino. KEY ISSUES: The key issues are as follows: • There are various residential areas which have a large number of houses with chain link fencing used on the property. • There is a concern regarding the higher cost of non chain link fencing which is now required, as opposed to the cost of chain link fencing. • Property owners of vacant buildings or land are concerned about vandalism and crime. • Chain link fencing is considered by some to be aesthetically unpleasant. • Chain link fencing installed in the front yard of vacant commercial or industrial property or buildings will be removed upon development or occupancy. ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable fencing development standard is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to allow chain link fencing in residential land use designations and certain commercial/industrial applications and will not impact the environment. Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning Commission. f Development Code Amendment 93-09 Mayor and Common Council meeting of November 1, 1993 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Approve Development Code Amendment 93-09 as proposed; 2. Modify Development Code Amendment 93-09 and approve; or 3. Deny the Development Code Amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed Development Code Amendment 93-09 on September 21, 1993, and voted 5-2 to recommend to the Mayor and Common Council; approval of the Development Code Amendment, deleting the portion of the amendment allowing chain link fencing in the front and street side yards of single family homes in the RS, Residential Suburban and RU, Residential Urban land use designations while maintaining the remainder of the amendment as proposed, based upon the attached Findings of Fact (Attachment A). STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council approve the Development Code Amendment and adopt the Ordinance. Prepared by: Jeffery S. Adams, Assistant Planner For: Al Boughey, Director, Planning and Building Services EXHIBITS: 1. Planning Commission Staff Report Attachments: A. Findings of Fact B. Proposed Wording For Section 19.20.030(8)(C) C. Comparative Cost Analysis 2. Ordinance CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #2 SUMMARY HEARING DATE September 21 , 1993 WARD Citywide APPLICANT: City of San Bernardino W N [Development Code Amendment No. OWNER: N/A U 3-09 The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify the land use designations, which allow chain link fencing N in the rear and side yards, to include all residential zones. Also, to allow LU chain link fencing within the front yard in the RS, Residential Suburban a and RU, Residential Urban; and at the front and street-side property lines W (six feet high) for vacant commercial/industrial lots or buildings. Q The amendment is citywide. W Q ENVIRONMENTAL: Exempt per Section 15601(b-3) EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION All residential , commercial and industrial land use designations. GEOLOGIC/SEISMIC LEOIN ES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: ❑ YES HAZARD ZONE: O Z ONE: ❑ NO ❑ ZONE B ❑ NO HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =PROJECT OPMENT 13 YES HAZARD ZONE: ❑ NO CRASH ZONE: AREA: ❑ NO ❑ NO Q ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ® APPROVAL APPLICABLE EFFECTS WITH O H MITIGATING MEASURES W (n NO E.I.R. W C ❑ CONDITIONS 2 Z ® EXEMPT ❑ E.I.R. REOUIRED BUT NO W Z ❑ DENIAL Z C SIGNIFICANT EFFECTS Q W OZ WITH MITIGATING F" M C MEASURES N Z ❑ CONTINUANCE TO Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V W EFFECTS SEE ATTACHED E.R.C. W MINUTES Exhibit Development Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 1 REQUEST: The request is for an amendment to the Development Code, Section 19.20.030 (8)(C) to modify the land use designations which allow chain link fencing in the rear and side yards, to include all residential zones. Also, to allow chain link fencing within the front yard in the RS, Residential Suburban and RU, Residential Urban; and at the front and street-side property lines (six feet high) for vacant commercial/ industrial lots or buildings. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS: Pursuant to Section 15061(b-3) of the CEQA guidelines, the proposal to modify the allowable fencing development standard is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to allow chain link fencing in residential land use designations and certain commercial/industrial applications and will not impact the environment. BACKGROUND: On May 13, 1993 the Mayor and Common Council referred to the Legislative Review Committee (LRC), a proposal to direct Planning Staff to prepare a Development Code Amendment to allow chain link fences in residential land use districts in particular circumstances. The LRC met on July 8, 1993 and directed Planning Staff to prepare the previously described Development Code Amendment for presentation to the Mayor and Common Council. ANALYSIS: Proposal The proposal is to allow chain link fencing in all residential land use districts in the rear and side yards, if the yards are not adjacent to a public street. The fences shall be constructed with a top rail and post caps, except for temporary fences surrounding construction sites. This request also allows chain link fencing in the front yard of single family residences in the RS, Residential Suburban and the RU, Residential Urban land use designations. Six foot high chain link fences would be permitted at the property line for vacant commercial/industrial lots or buildings in all commercial and industrial land use districts. The fences which are visible from the street would be removed upon development or re-occupancy of the building. Development Code Amendment No. 93-09 Agenda Item 2 Hearing Date: 9-21-93 Page 2 The issue of whether to permit chain link fencing in front yards is primarily one of aesthetics. Staff feels that chain link fencing will not negatively affect the aesthetics of single family neighborhoods. A price comparison was done to identify the difference in cost between wrought-iron fencing, which is currently required, and chain-link fencing. The prices compiled, although not exact, are-the surveyed companies best estimates for mid-range prices. As shown in Attachment C, the price of wrought-iron (installed) is approximately 2.5 times more expensive than standard chain-link (installed). Vinyl coated chain-link is just over half the price of wrought-iron for costs including installation. General Plan Consistency The proposed Development Code Amendment is consistent with the General Plan in that General Plan Objective 8.2 states that it shall be the objective of the City of San Bernardino to increase the ability of the residents and the Police Department to minimize crime and provide security for residential, commercial, industrial and public buildings, sites and open space. Policy 8.2.4 further states that it shall be a policy of the City to require the provision of security measures and devices that are designed to increase visibility and security in the design of building siting, interior and exterior design, and hardware. AMENDMENT The amendment proposes to allow the use of chain link fencing in all land use districts under certain conditions; rear and side yards not visible from a public street in all land use districts; in the front yards of RS, Residential Suburban and RU, Residential Urban and in the front yard of vacant buildings or lots in all commercial and industrial land use designations(See Attachment B). The height limitations are addressed in Table 20.01 of the Development Code and are not affected by this amendment. The following changes will be incorporated into the Development Code: SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences if approved by the Director. Development Code Amendment N Item Hearing Date: 9-21-93 Page 3 TT TT TTT TL in all commercial, industrial Chain link fencing is permitted rear and residential land use districts. The fence may fence would located ot be readily visible property lines behind the front yard setback, from a public fi� ' street. Chain-link fencing is allowed in the front yard of single family residences in the RS, Residential Suburban and the RU, Residential Urban land use designations unless prohibited by CC&R's. Chain link fencing in residential land use districts shall have top rails and post caps. Six foot high chain link fencing is permitted at all property lines for vacant commercial/ lots or buildings. The chain link fence shall be rye o reet d from the front yard or any other location visible from a public the owner/applicant at the time of development or occupancy. In addition, chain link fencing with neutral use districts and be ithin re9uire�yids storage the areas located in the CH, II., IH, FE land fence would not be readily visible from a public right 4-wery street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may beana�re�t tennis courts, by any law or commercial, temporarily at construction sites, thereof. regulation of the City, the State of California, Federal Government, or agency NOTE: Text shown as is to be deleted. "BOLD" text is to be added. CONCLUSION: The request is to amend the Development Code to allow the use of chain link t fencing in all The use districts under certain conditions. The project is categorically , chain proposed Development Code Amendment is City initiated. if this amendment is street in�all and link fencing will be allowed in the rear and side yar ds not visible from a public use districts. Chain link fencing will also be allowed in and in all ands for vacant bud dings Suburban and RU, Residential Urban land use designations, Y or lots in all commercial or industrial land use designations. s " Development Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 4 RECOM1ViEENDATION: Staff proposes that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 93-09 subject to the attached Findings of Fact (Attachment " Prepared by: J ery a , A start Planner Prepared for: r Planning and Building Services Attachment: A - Findings of Fact B - Proposed wording for Section 19.20.030 (8)(C) C - Comparative Cost Analysis Development Code Amendment No. 93-09 Agenda Item: 2 Hearing Date: 9-21-93 Page 5 FINDINGS OF FACT Development Code Amendment No. 93-09 1. The amendment is consistent with the General Plan in that the purpose of General Plan Objective 8.2 is to increase the ability of residents to provide security for residential and commercial/industrial property to help minimize crime. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that allowing chain link fencing in residential land use districts may help reduce the potential for criminal activity. ATTACHMENT A Development Code Amendment No. 93-09 Agenda Item #Z Hearing Date: 9-21-93 Page 6 SECTION 19.20.030 (8)(C) PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself within any land use district, is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Agricultural uses may use electrical fences if approved by the Director. Chain link fencing is permitted in all commercial, industrial and residential land use districts. The fence may only be located on side and rear property lines behind the front yard setback, if the fence would not be readily visible from a public street. Chain-link fencing is allowed in the front yard of single family residences in the RS, Residential Suburban and the RU, Residential Urban land use designations unless prohibited by CC&R's. Chain link fencing, in residential land use districts, shall have top rails and post caps. In addition, chain link fencing with neutral colored slats may be used for outdoor storage areas located within required yards, if the fence would not be readily visible from a public right-of-way. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private and commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. Six foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard or any other location visible from a public street by the owner/applicant at the time of development or occupancy. ATTACHMENT B Development Code Amendment No. 93-09 Agenda Item #2 Hearing Date: 9-21-93 Page 7 COST ANALYSIS Chain-link vs. Wrought-iron COMPANY TYPE 4 Fr 5 Fr 6 Fr 4 FT 5 Fr 16Fr retail retail retail installed instl instl >;: .:': .`..<:»1 . $5. 0 $5.50 $6.00Num Number 1 Ch i n- link ...................... ..................>........................... ....................... ...................... ........."........... ' ' . >> ` ' >I Wr o u h t iron >` Number 2* Chain-link $0.89 $1.12 $1.31 $3.85 $4.00 $4.20 .. $10.00 W r ou g h t- it n A $12.50 $14.00 :: �: ; m u be r - link $5.40 $6.00 3 Chain A:...::.::.;:. $5.00 N :.. A .. tI DW rou Wrought-iron N $ X. :; :;:: : :: . 14.00 $14.00 : ; Plus Number 4 Chain-link $1.54 $1.94 $2.26 $5.00 $5.25 $5.50 Wrought-iron ; ....::.:.:.�. . $13.00 $14.00 $15.00 Vinyl CL $2,30 $2.90 $3.48 $6.05 $6.85 $7.50 NuX.mber ber 5 h ' - Cam link 0 $ .98 $1.24 14 . 5 ` ` `<>» >V ' Wrought-iron .. . Number ber 6 - Chain lin k 0.6 1 4 0.8 $ 0.95 W - r ou ht it on 7 $4.50 $5.75 (30-) Number 7 Chain-link $1.90 $2.20 $2.50 $4.40 $4.80 $5.05 Wrought-iron per job only L= L=Vinyl CL $4.18 $4.85 $5.50 $5.85 $6.40 $7.00 o All prices are per linear foot o * Add approximately 40% to retail cost for accessories . ATTACHMENT C