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HomeMy WebLinkAbout32 Development ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays Dept: Development Services Date: July 27, 1999 Synopsis of Previous Council Action: None Subject: Development Code Amendment No. 99 -03 - to modify Section 19.20.030 (8) and Table 20.01 of Development Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and shrubs as fencing material. MCC Date: August 16, 1999 Recommended Motion: That the Mayor and Common Council close the public hearing and approve Development Code Amendment No. 99 -03, based on the Findings of Fact, and lay over the ordinance for final reading. r Michael44ays Contact person: Margaret Park Phone: 384 -5057 Supporting data attached: Staff Report Ordinance Ward: Cit)Mide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No..3 8716 Iq q CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 99 -03, A CITY INITIATED PROPOSAL TO MODIFY SECTION 19.20.030 (8) AND TABLE 20.01 OF DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) TO ELIMINATE ALL REFERENCES TO HEDGES AND SHRUBS AS FENCING MATERIAL. Mayor and Common Council meeting of August 16, 1999 BACKGROUND: This is a City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and shrubs as fencing material. This modification was requested by the City Attorney's office because of concerns that these particular sections are unenforceable. The amendment was reviewed and determined to be covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Planning Commission voted 6 to 0 (Ayes: Enciso, Garcia, Lockett, Schuiling, Thrasher, & Welch) to recommend approval of Development Code Amendment No. 99 -03. FINANCIAL IMPACT: None RECOMMENDATION: Staff recommends that the Mayor and Common Council approve Development Code Amendment No. 99 -03 based on the Findings of Fact as presented in the Planning Commission staff report. Exhibits: 1. Planning Commission Staff Report 2. Ordinance for Development Code Amendment No. 99 -03 EXHIBIT "1" SUMMARY CITY OF SAN BERNARDINO PLAiNNING DIVISION CASE: Development Code Amendment No. 99 -03 AGENDA ITEM: 6 HEARING DATE: June 8, 1999 WARD: Citywide APPLICANT: OWNER: City of San Bernardino N/A 300 North "D" Street San Bernardino, CA 92418 REQUEST/LOCATION: A City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and shrubs as fencing material. CONSTRAINTS /OVERLAYS: None ENVIRONMENTAL FrrDI\1GS: ❑ Not Applicable o Exempt, Section 15061(b)(3) ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring /Reporting Plan STAFF RECOMMENDATION: o Approval ❑ Conditions ❑ Denial zi Continuance to: DCA 99 -03 Hearing Date: June 8, 1999 Page 2 REQUEST AND LOCATION This is a City initiated proposal to revise Section 19.20.030(8) and Table 20.01 of Development Code Chapter 19.20 (Property Development Standards) to eliminate all references to hedges and shrubs as fencing material. This modification was requested by the City Attorney's office because of concerns that these particular sections are unenforceable. BACKGROUND The Property Development Standards chapter of the Development Code sets forth fence and wall regulations for all properties in the City. It specifies maximum heights, fence materials and location of walls /fences/hedges. Current regulations permit the construction of 3' tall solid walls or hedges or 4' tall "see- through" fences in front yards. The intent is to avoid creating streets that have a "caged" or "walled" look to them and to provide adequate visibility to vehicles and to police and fire personnel. FINDINGS AND ANALYSIS 1. The proposed amendment is consistent with the General Plan. The deletion of references to hedges and shrubs is consistent with the General Plan in that it does not conflict with any goal. policy or objective in the General Plan. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The change proposed is intended to eliminate the subjectivity involved in determining whether a hedge or shrub is solid or "see- through ". It would serve the public interest in that it would clarify and simplify the requirements for fences and walls throughout the City. Elimination of all references to hedges and shrubs would allow property owners more flexibility and freedom in plant selection and plant material placement. It would allow the growth of hedges over 4' within residential front yards providing additional privacy to residents who desire a more intimate and private landscape setting that cannot be achieved with the current height restrictions. CONCLUSION The proposal meets the convenience and all necessary Findings of Fact for approval of Development Code Amendment No. 99 -03. DCA 99 -03 Hearing Date: June 8, 1999 Page 3 RECOMMENDATION Staff recommends the Planning Commission recommend that the Mayor and Common Council: Approve Development Code Amendment No. 99 -03 based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted. Michael E. Hays Director of Development Services /oIAA_ Margaret Park, AICP Senior Planner Attachment A Proposed changes to Chapter 19.20 in Bold & Strikeout format ATTACHMENT "A" PROPERTY DEVELOPMENT STAINMARDS - 19-20 ARTICLE III - GENERAL CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS 19.20.010 PURPOSE These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan. 19.20.020 APPLICABILITY Any permit which authorizes new construction or modifications to an existing structure in excess of 25 % of the structure floor area shall be subject to the standards set forth in this Chapter. 19.20.030 GENERAL, STANDARDS No permit shall be approved unless it conforms to all of the following standards set forth in this Chapter: 1. Access 16. Odor 2. Additional Height Restrictions 17. Projections into Setbacks 3. Antennae, Vertical & Satellite Dish 18. Public Street Improvements 4. Design Considerations 19. Radioactivity 5. Dust and Din 20. Refuse Storage /Disposal 6. Environmental Resources/ Constraints 21. Screening 7. Exterior Buildinsi Walls 22. Signs, Off- Street Parking, Off - 8. Fences and Walls ..,`id Hedges Street Loading and Landscaping 9. Fire Protection 23. Solar Energy 10. Fumes, Vapor and Gases 24. Storage 11. Glare 25. Toxic Substances 12. Hazardous Materials 26. Transportation Control 13. Height Determination Measures (TCM) (Buildings and Structures) 27. Underground Utilities 14. Lighting 28. Vibration 15. Noise MC 890 12/23/93 These standards apply to more than 1 land use district, and therefore, are combined in this Chapter. Also, these standards are to be considered in conjunction with those standards and design guidelines located in the specific land use district chapters. III -1 2/94 PROPERTY DEVELOPMENT STANDARDS - 19.20 B. The following designs are deemed unacceptable in any development and therefore shall be prohibited: 1. Nonanodized and unpainted aluminum finished window frames. 2. Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Director. 3. Aluminum or other metal panels are not permitted on the street elevation, unless it can be demonstrated that they are consistent with a structure's overall design character, and do not adversely effect the pedestrian environment. S. FENCES AND WALLS A�� HEDGES The following standards shall apply to the installation of all fences and walls and hedges: A. HEIGHT AND TYPE LB. UTS Fences and walls, ^ —�-'�� shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected or placed, b within a Traffic Safety Sight Area. The foregoing 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 hedge, eleaf-- aiid tifiebstFuete -efessi -tew; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes 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 III -5 2/94 PROPERTY DEVELOPNIEN T STAN-DARDS -19?0 - TABLE 20.01 FENCES AND WALLS, HEDGES HEIGHT A:ti-D TYPE LaUTS Districts Ma. -durum Permitted Height* 1. Residential Front yard or side of street yard 3' Solid structures its (not including the rear yard)3 4' Open work structures er -prates (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non - residential district 6' Solid, decorative masonry wall 2. Commercial, Industrial and Institutional Front yard or side of street yard 216" Solid structures ef plants 6' Open work structures its Abutting residential district 8' Solid, decorative masonry wall Other yard area 8' Outdoor storage areas visible 10' Commercial from public rights -of -way (located 12' Industrial behind required yards) 3. All Districts - Traffic Safety Site Area 2'6" 4. Public Right -of -Way 8' 5. Hillside Management Overlav - Retaining Walls Uphill slope 8' Down slope 3'6" Lots sloping with the street 3'6" Adjacent to driveways 8' Facings streets 5' Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlav - Fences and Malls 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 or wall er 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 888 1/6/94. III -6 2/94 1 2 3 4 5I6 E:ll 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.20.030(8) AND TABLE 20.01 OF DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) TO ELIMINATE ALL REFERENCES TO HEDGES AND SHRUBS AS FENCING MATERIAL. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.20.030(8) and Table 20.01 of Chapter 19.20 (Property Development Standards) of the Municipal Code (Development Code) are amended to eliminate all references to hedges and shrubs as fencing material; all other provisions of Chapter 19.20 remain unchanged. Section 19.20.030(8) and Table 20.01 of Development Code Chapter 19.20 are hereby amended to read as shown on Attachment A, Development Code pages III -1, III -5, III -6 attached hereto and incorporated herein by reference. 1 / /// 1 / /// 1 / /// 10 1 2 ' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE ... AMENDING SECTION 19.20.030(8) AND TABLE 20.01 )F DEVELOPMENT CODE CHAPTER 19.20 (PROPERTY DEVELOPMENT '5TANDARDS) TO ELIMINATE ALL REFERENCES TO HEDGES AND SHRUBS AS ENCING MATERIAL. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and -ommon Council of the City of San Bernardino at a meeting thereof, held )n the day of , 1999, by the following vote to wit: Council Members_ AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ VACANT ANDERSON MILLER City Clerk The foregoing resolution is hereby approved this day of , 1999. JUDITH VALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City ttorney % By: P4 ATTACHMENT "A" PROPERTY DEVELOP:�NT STANDARDS - 19.20 ARTICLE III - GENERAL CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS Section 19.22.010 Purpose ............................. 19.22.020 Applicability 19.22.030 General Standards 19.20.010 PURPOSE Page III -1 These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan. 19.20.020 APPLICABILITY Any permit which authorizes new construction or modifications to an existing structure in excess of 25 % of the structure floor area shall be subject to the standards set forth in this Chapter. 19.20.030 GENERAL STANDARDS No permit shall be approved unless it conforms to all of the following standards set forth in this Chapter: 1. Access 16. Odor 2. Additional Height Restrictions 17. Projections into Setbacks 3. Antennae, Vertical & Satellite Dish 18. Public Street Improvements 4. Design Considerations 19. Radioactivity 5. Dust and Dirt 20. Refuse Storage /Disposal 6. Environmental Resources /Constraints 21. Screening 7. Exterior Building Walls 22. Signs, Off- Street Parking, Off - 8. Fences and Walls Street Loading and Landscaping 9. Fire Protection 23. Solar Energy 10. Fumes, Vapor and Gases 24. Storage 11. Glare 25. Toxic Substances 12. Hazardous Materials 26. Transportation Control 13. Height Determination Measures (TCM) (Buildings and Structures) 27. Underground Utilities 14. Lighting 28. Vibration 15. Noise MC 890 12/23/93 III -1 2/94 PROPERTY DEVELOPMENT STANDARDS -19.20 B. The following designs are deemed unacceptable in any development and therefore shall be prohibited: 1. Nonanodized and unpainted aluminum finished window frames. 2. Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Director. 3. Aluminum or other metal panels are not permitted on the street elevation, unless it can be demonstrated that they are consistent with a structure's overall design character, and do not adversely effect the pedestrian environment. 8. FENCES AND WALLS The following standards shall apply to the installation of all fences and walls: A. HEIGHT AND TYPE LIMITS Fences and walls shall conform to the limitations outlined in Table 20.01. B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. The foregoing 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; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. C. PROHIBITED FENCE NUTERIALS /CHAIN LINK FENCING 1. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, 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 adjacent to a public street. Chain link fencing in Residential land use districts shall have top rails and post caps. III -5 2/94 PROPERTY DEVELOPMENT STANDARDS -19.20 TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS 'The limitations shall not apply in the following instances: • Where a greater height is required by any other provision of the 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. III -6 2/94 Districts Ma..-dmum Permitted Height' 1. Residential Front yard or side of street yard T Solid structures (not including the rear yard)' 4' Open work structures (must permit the passage of a minimum of 90% of light) Other yard area 6' Outside of required yard area 8' Abutting a non - residential district 6' Solid, decorative masonry wall 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 12' Industrial behind required yards) 3. All Districts - Traffic Safety Site Area 216" 4. Public Right -of -Way 8' 5. Hillside Management Overlay - Retaining Walls Uphill slope 8' Down slope 3'6" Lots sloping with the street 316" Adjacent to driveways 8' Facings streets 5' Constructed with natural, indigenous materials 6. Foothill Fire Zone Overlay - Fences and Walls Constructed with non- combustible materials only 'The limitations shall not apply in the following instances: • Where a greater height is required by any other provision of the 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. III -6 2/94