Item 13 - Environmental Assessment and Zoning Ordinance Amendment, ZOA 86-06 tGENDA REPORT 61O� • ft, y
CITY OF POWAY
c-'71"7.7!
TO : Honorable Mayor and Members of the City Council
•
FROM: James L. Bowersox, City Mana%, ' J(
INITIATED BY: Reba W. Touw, Director of Planning Services N`
thJames R. Nessel , Associate Planner
DATE: September 2 , 1986
SUBJECT: Environmental Assessment and Zoning Ordinance
Amendment , ZOA 86-06 - A City-initiated amendment to
Title 17 ( Zoning Development Code) of the Poway
Municipal Code regarding provisions for the use of
barbed wire and other types of wire fencing in the
City of Poway.
ABSTRACT
The City Council , at their June 26 , 1986 workshop, heard the Staff-
prepared Barbed Wire Fencing Study. Following discussion of the
study, Council directed Staff to bring back an ordinance amending
the Zoning Development Code by adding provisions for the use of
barbed wire and other types of wire fencing in the City of Poway.
Council ' s direction was to target the safe use of barbed wire,
rather than its prohibition .
ANALYSIS
• While barbed-wire fencing is presently found on many parcels within
Poway, both in the rural and built-up areas of the City, the
Municipal Code is presently silent as to standards or provisions
regulating the use of such fencing material .
The Zoning Development Code (Title 17 , Municipal Code) presently
contains provisions regarding walls and fences . However , the
current provisions are focused on requirements such as height , set-
back, and construction materials . These provisions are included in
the following sections of the Code:
1 . Chapter 17 .08 - Residential Zones
Section 17 .08 . 220 - Walls and Fences
2 . Chapter 17 . 10 - Commercial Zones
` Section-17 . 10 .170 - Walls and Fences y
ACTION:; Held first reading for OrdinanceiNo. 195, and set second reading for 9-16-
86. Issued Negative Declaration.
-.1/l0-.Wa..:.. V. �Uc.w: k. SEP 2 1986 ITEM ��
1 Marjorie. K. Wahlsten, City Clerk 1 3 //
I E ICE?
Agenda Report
September 2 , 1986
Page 2
3 . Chapter 17 . 12 - Manufacturing Zones
Section 17 . 12 .170 - Walls and Fences
4 . Chapter 17 . 22 - OS Open Space Zone
Section 17 . 22 .070 - Walls and Fences
The major concern raised by Council was the safety hazard that
barbed wire poses for hikers , joggers , equestrians , and children at
play. The hazard is generally present where such material is
located adjacent to a sidewalk or public right-of-way, or on pro-
perty lines of parcels located in agricultural areas , and also on
those parcels which are in transition from rural to urban land use.
As mentioned, barbed wire is found throughout the community and , in
general , the fencing is properly maintained by the property owner.
However , there are also cases where such fencing is dilapidated or
in a state of disrepair due to neglect or abandonment. This is
attributed to certain land uses which have ceased operation , such
as groves , animal grazing, and crop production; the land is no
longer maintained by the property owner . The risk of injury to
innocent persons is greater where the fencing is poorly maintained.
In addition , there are existing situations within the community
where barbed-wire strands , razor wire or concertina wire (coiled
barbed wire) is found at the top of walls , solid-wood fences , and
chain-link fences . In most cases , this type of wire fencing is
used in commercial and manufacturing zones for security purposes .
Staff is of the opinion that this type of fencing material is
appropriate in certain areas , provided that it maintains a minimum
six-foot vertical clearance from grade and is maintained in a safe
condition .
Staff recommends that the above-noted Code sections be amended by
adding additional language which specifically addresses unsafe or
unmaintained barbed wire and other types of wire fencing , and
height restrictions for the use of barbed-wire strands , razor , and
concertina wire . The recommended language is contained in the pro-
posed Ordinance attached hereto.
Staff believes that where existing wire-type fencing poses a poten-
tial threat to the general health , safety, and welfare of the
public , the City should appropriately enforce such a condition
through the Nuisance Abatement Procedure contained in Chapter 8 . 72
of the Municipal Code.
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Agenda Report
September 2 , 1986
Page 3
In accordance with the subject procedure, the City can initiate the
abatement of the problem condition at the cost of the property
owner .
Environmental Review
The proposed code amendment has been reviewed in terms of its
potential environmental impact. No significant negative impacts
are expected as a result of its adoption. Therefore, Staff recom-
mends the issuance of a Negative Declaration .
Correspondence
Notice of the public hearing regarding this amendment was published
in the Poway News Chieftain . The Planning Services Department has
received no responses regarding the proposed amendment.
FINDINGS
The proposed modification is consistent with the intent and purpose
of the General Plan and Zoning Development Code .
RECOMMENDATION
It is recommended that the City Council adopt the proposed Zoning
Development Code amendment as outlined in the attached Draft
Ordinance , issue a Negative Declaration , and set the second reading
for September 16 , 1986 .
JLB:RWT:JRN:nm
Attachment:
1 . Proposed Ordinance
SEP 2 1986 ITEM 13
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41110 4110
ORDINANCE NO.
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 2 1986 ITEM 13
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Ordinance No. P-
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 strands± 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 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 unsafe 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 defined as a public nuisance and shall Be subject to the
Nuisance Abatement Procedures Chapter 8 . 72 of the Poway Municipal
Codes
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.
SEP 2 1986 ITEM 13
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Ordinance No. P-
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 (coiled barbed wire)s is
hereby defined as a public nuisance and shall be subject to the
Nuisance Abatement Procedures Chapter 8 . 72 of the Poway Municipal
Code_
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 91(Exh.
A(part) ) , 1985 ; Ord. 113 §l(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_arcel of land within the
City of Poway to keep barbed wire or any other type of wire fencing
in an unsafe abandoned or materially dangerous condition_
Unmaintained wire fencina, including but not limited to, barbed_
wires razor wires and concertina wire (coiled barbed_wire)s is_
hereby defined as a public nuisance and shall Be subject to the
Nuisance Abatement Procedures Chapter 8 . 72 of the Poway Municipal
Code_
Chapter 17 . 22
OS OPEN SPACE ZONE
17 . 22 . 070 Walls and fences. Walls and fences in the open !pace
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 Sl(Exh . A 5 . 4 . 5 ) , 1983)
SEP 2 1986 ITEM 13
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Ordinance No. P-
Page 4
B. Where barbed wire strands± 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 . itis 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 unsafe± abandoned, or materially_dangerouscondition .
Unmaintained wire fencing, includingbutnot limited to,_barbed_
wires razor wires and concertina wire (coiled barbed_wire)± is
hereby defined as a Public nuisance and shall be subject to the
Nuisance Abatement Procedures Chapter 8. 72 of the Poway Municipal
Code_
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
70F7 SEp 2 1986 ITEM 13