Item 8 - Ordinance No. 195 Second Reading 14GENDA REPORT le
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CITY OF POWAY
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TO: Honorable Mayor and Manbers of the City Council
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p !,; •' ..- FROM: James L. Baaersox, City Mang•_,"
INITIATED BY: Marjorie K. Wahlsten, City Clerk `yko,„ ,
)DATE: September 16, 1986 v
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.SUBJECT: Ordinance No. 195 - Second Reading
BACKGROUND
On September 2, 1986, the City Council introduced and had the first reading on
Ordinance No. 195 - "An Ordinance of the City of Po.'ay, California, Amending
Certain Sections of Title 17 (Zoning Development Code) of the Poway Municipal
Code." (ZOA 86-06 - Barbed Wire Fencing) . Sections 17.08.220(H), 17.10.170(E) ,
17.12.170(E) and 17.22.070(D) were added to read "It is unlawful to place razor
wire or concertina wire on the rooftop of any building." Section 17.12.170 was .
changed to read ".. . is herby declared to be .. ."
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
DATION
If the City Council desires to adopt, read title and waive further reading of
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote) .
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Attachment:
1) Ordinance
ACTION: Adopted ordinance No. 195.•
,i; Marjorie K. Wahlsten, City Clerk SEP 16 1986 ITEM 8
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ORDINANCE NO. 195
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING CERTAIN SECTIONS OF TITLE 17
( ZONING DEVELOPMENT CODE)
OF THE POWAY MUNICIPAL CODE
WHEREAS , the City Council periodically finds it necessary to
amend Title 17 ( Zoning Development Code) of its Municipal Code in
response to changing conditions within the City; and
WHEREAS , the City Council has determined that unmaintained
barbed wire and other types of wire fencing poses a potential
threat to the 'general health , safety, and welfare of the public ,
and therefore deems such as a public nuisance; and
WHEREAS , the City Council held a duly advertised public hearing
to provide interested parties the opportunity to address the pro-
posed amendments .
NOW, THEREFORE , BE IT ORDAINED that the City Council does
hereby adopt the following amendments as part of Title 17 ( Zoning
Development Code) of the Poway Municipal Code:
SECTION 1 : Amendments to the following sections of Title 17
( Zoning Development Code) of the Municipal Code are hereby
established and shall read as follows : (a dashed underline
indicates addition)
Chapter 17 .08
RESIDENTIAL ZONES
17 .08 .220 Walls and fences . Requirements for walls and fen-
ces in residential zones shall be as follows :
A. In any required front yard or side yard adjacent to a
street , a wall or fence shall not exceed 48 inches in height,
except as provided in this title . In the required front or
exterior side yard , where a retaining wall is used to increase
usable lot area , a fence or wall not exceeding 48 inches may also
be erected , provided that the fence or wall is set back a minimum
of five feet from the retaining wall .
B. A wall or fence not more than six feet in height may be
maintained along the interior side or rear lot line , except as
required by subsection A of Section 17 .08 . 200 , provided that such
wall or fence does not extend into a required front yard or side
yard adjacent to a street except for noise attenuation as required
by the City and as provided in this title.
C. A wall or fence adjacent to a driveway or street providing
vehicular access to an abutting lot or street shall not exceed 48
inches in height within 15 feet of the intersection of said drive-
way and the street right-of-way . Corner cutoffs may be required in
special circumstances for safety and visibility. (See examples on
following page. )
-- SEP 16 1986 ITEM 8
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Ordinance No. 195
Page 2
D. A wall or fence may be constructed no closer than five
feet to the ultimate right-of-way at a maximum height of six feet
when there is no parkway planting area adjacent to the sidewalk .
Where there is a parkway planting area adjacent to the curbing , no
setback is require to construct a fence six feet in height .
E. Fiberglass sheeting , bamboo sheeting or other similar tem-
porary material shall not be permitted as a fencing material on
street yard frontages .
F. A wall or fence up to eight feet in height may be allowed
by the Director of Planning Services where necessary for noise
attenuation from arterial streets or other noise sources . (Ord.
172 §1(Exh . A( part) ) , 1985 ; Ord . 162 §1(part) , 1985 ; Ord . 113
§1 (Exh . A 2 .5 ) , 1983 )
G. Where barbed wire strandss razor wires or concertina wire
(coiled barbed wire) is placed at the top of a wall or fences such
material shall maintain a minimum vertical clearance of six feet
above grade and shall be maintained in a safe condition .
H . It is unlawful to place razor wire or concertina wire on
the rooftop of any building.
I . It is unlawful for an owner of a parcel of land within the
CiLy of Poway to keep barbed wire' or any other type of wire fencing
in an unsafes abandoned , or materially dangerous condition.
Unmaintained wire fencing, including but not limited to, barbed
wires razor wires and concertina wire ( coiled barbed wires is
hereby declared to be as a public nuisance and shall be subject to the
Nuisance Abatement Procedures Chapter 8 .72 of the Poway Municipal
Code.
Chapter 17 .10
COMMERCIAL ZONES
17 . 10 .170 Walls and fences . Wall and fence requirements in
commercial zones shall be as follows :
A. In any required front or street side yard area , a wall or
fence shall not exceed 48 inches in height. In the required front
or exterior side yard, where a retaining wall is used to increase
usable lot area , a fence or wall not exceeding 48 inches in height
may also be erected , provided that the fence or wall is set back a
minimum of five feet from the retaining wall .
B . In any required rear or interior side yard area , a wall or
fence shall not exceed six feet in height except as required by
subsection B of Section 17 .10 . 150 . (Ord . 172 §1(Exh . A( part) ) ,
1985 ; Ord . 113 §1 (Exh . A 3 . 5 ) , 1983 )
C. Where barbed wire strandss razor wires or concertina wire
(coiled barbed wire ) is placed at the top of a wall or fences such
material shall maintain a minimum vertical clearance of six feet
above grade and shall be maintained in a safe condition .
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Ordinance No. 195
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D. It is unlawful for an owner of a parcel of land within the
City of Poway to keep barbed wire or any other type of wire fencing
in an unsafes abandoned , or materially dangerous condition_
Unmaintained wire fencing, including but not limited to, barbed
wires razor wires and concertina_wire wire (coiled barbed—wires is_
— — — — — — — — — — — — — — — — —
hereby declared to be a public nuisance and shall Be subject to the
Nuisance Abatement Procedures Chapter 8 .72 of the Poway Municipal
Code.
E. It is unlawful to place razor wire or concertina wire on
the rooftop of any building.
Chapter 17 .12
MANUFACTURING ZONES
17 .12 .170 Walls and fences . Walls and fences in manufacturing
zones shall be as follows :
A. In any required front yard area, a wall or fence shall not
exceed 48 inches in height. In the required front or exterior Side
yard, where a retaining wall is used to increase usable lot area, a
fence or wall not exceeding 48 inches in height may also be
erected, provided that the fence or wall is set back a minimum of
five feet from the retaining wall .
B. In any required rear or interior yard area, a wall or
fence shall not exceed eight feet in height . (Ord . 172 §1 (Exh .
A(part) ) , 1985 ; Ord. 113 §1 (Exh . A 4 . 5 ) , 1983 )
C. Where barbed wire strandss razor wires or concertina wire
(coiled barbed wire) is placed at the top of a wall or fences such
material shall maintain a minimum vertical clearance of six feet
above grade and shall be maintained in a safe condition .
D. It is unlawful for an owner of a_parcel of land within the
City or Poway to keep barbed wire or any other type of wire fencing
in an unsafes abandoned , or materially_dangerous_condition.
Unmaintained wire fencing, including_butnot limited to , barbed
wires razor wires and concertina wire ( coiled barbed wires is
hereby declared to be a public nuisance and shall be subject to the
Nuisance Abatement Procedures Chapter 8 .72 of the Poway Municipal
Code.
E. It is unlawful to place razor wire or concertina wire on
the rooftop of any building.
Chapter 17 . 22
OS OPEN SPACE ZONE
17 . 22 .070 Walls and fences . Walls and fences in the open space
zone shall be as follows :
A. Walls or fences within 15 feet of property lines , within
drainage courses , or across established animal traverses require
minor development review by the Director of Planning Services prior
to construction . (Ord . 113 §1 (Exh. A 5 . 4 .5 ) , 1983 )
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Ordinance No. 195
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B. Where barbed wire strandss razor wires or concertina wire
(coiled barbed wire) is placed at the top of a wall or fences such
material shall maintain a minimum vertical clearance of six feet
above grade and shall be maintained in a safe condition .
C. It is unlawful for an owner of a parcel of land within the
City of Poway to keep barbed wire or any other type of wire fencing
in an unsafes abandoned , or materially dangerous condition.
Unmaintained wire fencing, including but not limited to, barbed
wires razor wires and concertina wire (coiled barbed wires is_
hereby declared to be a public nuisance and shall/ be subject to the
Nuisance Abatement Procedures Chapter 8 .72 of the Poway Municipal
Code.
D. It is unlawful to place razor wire or concertina wire on
the rooftop of any building.
SECTION 2 : The City Council of the City of Poway hereby finds
that these amendments are consistent with the General Plan and
the intent and purpose of the Zoning Development Code .
SECTION 3 : The City Council of the City of Poway hereby finds
that these amendments will not cause significant adverse
impacts on the environment and issues a Negative Declaration .
EFFECTIVE DATE: This ordinance shall take effect and be in force
thirty ( 30 ) days after the date of its passage; and before the
expiration of fifteen ( 15 ) days after its passage, it shall be
published once with the names of members voting for and against the
same in the Poway News Chieftain, a newspaper of general cir-
culation published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 2nd day of September , 1986 ,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the _th day of , 1986 by the following
roll call vote:
AYES : COUNCILMEMBERS :
NOES : COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS :
Carl R. Kruse , Mayor
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Marjorie K. Wahlsten, City Clerk
SEP 16 1986 IT t B
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