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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. SEP 2 1986 ITE M 13 2 oF 7 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 3oF7 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 40F7 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 50F7 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 6OF7 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