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Item 8 - Ordinance No. 195 Second Reading 14GENDA REPORT le ( 0 ; CITY OF POWAY • TO: Honorable Mayor and Manbers of the City Council • p !,; •' ..- FROM: James L. Baaersox, City Mang•_," INITIATED BY: Marjorie K. Wahlsten, City Clerk `yko,„ , )DATE: September 16, 1986 v t. .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) . JLB:MKW:ml Attachment: 1) Ordinance ACTION: Adopted ordinance No. 195.• ,i; Marjorie K. Wahlsten, City Clerk SEP 16 1986 ITEM 8 1of�5 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 2 of 5 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 . 3 of 5 SEP 16 1986 ITEM 8 • • Ordinance No. 195 Page 3 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 ) 4 of 5 SEP 16 1986 IT t r;i 6 Ordinance No. 195 Page 4 • 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 • Marjorie K. Wahlsten, City Clerk SEP 16 1986 IT t B 5 of 5