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Item 3.1 - Ord Amending Ch.'s 17.08 and 17.10 of the PMC Est. Regs for Fencing at Churches and other Religious Institutions (ZOA 19-001) ,c( OF ° Cityof Poway COUNCIL AGENDA REPORT rY N THE G">' DATE: September 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert J. Manis, Director of Development Services CONTACT: Robert J. Manis, Director of Development Services (858) 668-4601 or bmanis©poway.orq SUBJECT: Adoption of an Ordinance Amending Chapters 17.08 and 17.10 of the Poway Municipal Code to Allow Fences and Walls up to Eight Feet High for Churches and Other Religious Institutions When Needed for Security Purposes; Zoning Ordinance Amendment (ZOA) 19-001 Summary: Recent active shooter situations in Poway and across the nation have increased the need for heightened security at churches and other religious institutions. The proposed Ordinance will allow churches and other religious institutions to install fences up to eight feet in height when needed for security purposes. Recommended Action: It is recommended that the City Council take public input; close the public hearing, introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule adoption of the attached Ordinance for October 1, 2019. Discussion: The City was recently approached by congregants of local places of worship with concerns regarding safety at their facilities. The recent active shooter event that occurred in Poway and others that have occurred across the nation have increased the need for heightened security at churches and other religious institutions. One safety measure that has been requested is erecting fences or walls around such facilities. On July 16, 2019, the City Council gave direction to staff to prepare an ordinance amending the Poway Municipal Code (PMC) to allow fences and walls at places of worship to be taller than currently allowed. The PMC currently allows fences or walls to be installed along all property lines at a maximum height of six feet. Within the front and street side yard areas, at least the top two feet must be open style fencing (so that no more than 4 feet of such a wall/fence can be solid). For security purposes, the maximum fence/wall height for churches and other religious institutions is proposed to be eight feet. In order to address aesthetics and neighborhood character, the ordinance contains design standards that must be met in order to install an eight-foot high fence or wall. Along the rear and interior side property lines, an open wrought iron fence or solid fence or wall would be permitted. 1 of 13 Along the front and street side property lines, an open wrought iron fence would be permitted. If a solid wall or fence is desired with the front or street side setback area, it must be set back at least five feet from the property line and a landscaped buffer installed in front of the wall. Chain link fencing is not permitted. The provisions for eight-foot high fencing apply only to churches and other religious institutions which are defined as structures which are used primarily for religious, worship and related religious activities. The provisions do not apply to churches and other religious institutions that are located within a suite of a multi-tenant commercial building. Nor would it apply to any residence where informal worship may be practiced. Any fence or wall over six feet in height requires a building permit. As part of the building permit review the Fire Department will assess the proposed fencing for access, exiting and other safety requirements. City staff will continue to encourage any applicant to submit preliminary plans and/or meet with staff to review the proposal prior to submitting for permits. Environmental Review: The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the proposed fence regulations will have a significant effect on the environment. Furthermore, the construction of fences is exempt from CEQA as a Class 3 Categorical Exemption pursuant to Section 15303 of the CEQA Guidelines. ' Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on September 5, 2019. Attachments: A. Ordinance Amending Chapters 17.08 and 17.10 of the Poway Municipal Code Reviewed/Approved By: Reviewed By: Approved By: • N 114Pir Wend aserman Alan Fenstermacher Chr " a =' m e Assistant City Manager City Attorney City Manager • 2of13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS 17.08 AND 17.10 OF THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR FENCING AT CHURCHES AND OTHER RELIGIOUS INSTITUTIONS (ZONING ORDINANCE AMENDMENT 19-001) WHEREAS, recent active shooter events in Poway and across the nation have increased the need for heightened security measures at churches and other religious institutions; WHEREAS, congregants of local places of worship have expressed concerns for safety and have suggested higher fencing as one measure to increase security at their facilities; WHEREAS, on July 16, 2019, the City Council directed staff to prepare an ordinance to amend the Poway Municipal Code to allow higher fencing at churches and other religious institutions; WHEREAS, Zoning Ordinance Amendment (ZOA) 19-001 is requested to allow a fence and wall height of eight feet for churches and other religious institutions when necessary for security purposes; WHEREAS, on September 17, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against ZOA 19-001; and WHEREAS,the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1:The City Council hereby approves ZOA 19-001 and amends certain sections of the Poway Municipal Code as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 2: This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the proposed fence regulations will have a significant effect on the environment. Furthermore, the construction of fences is exempt from CEQA as a Class 3 Categorical Exemption pursuant to Section 15303 of the CEQA Guidelines. SECTION 3: Section 17.08.170 of the Poway Municipal Code shall be amended as follows: 17.08.170 Property development standards -Additional requirements. A. Minimum Lot Size and Dimensions. 1. Any legal lot may be used as a building site if the proposed use is permitted in the zone and all grading requirements set forth in the comprehensive plan and the Poway Municipal Code are strictly satisfied without variance, provided that no building permit shall be issued for a lot of a size less than 4,000 square feet. 3 of 13 Ordinance No. 19- Page 4 2. Flag lots shall meet the minimum lot dimension requirements in the "flag" portion of the lot. The flag pole portion of a flag lot shall not be counted toward the minimum lot area requirement. ®MAW a� Xe sI a o rsii�a vauspatr 3. Slope calculations and the density potential whichresults from such calculations under the provisions of this title are matters requiring technical engineering expertise and are ministerial, not discretionary, in nature. In the RR-A through RR- C and RS-1 zones, slope calculations shall be based on the measured rise over run calculations of a topographic map of the property prepared in accordance with the standards set forth in this section by a registered civil engineer retained by the applicant. The standards and procedures for slope calculation shall be adopted by resolution and contained in the public counter handout titled: "City of Poway Slope Calculation Standards and Procedures," a copy of which shall be available at the City of Poway Development Services Department. The standards and procedures shall be subject to amendment by further resolution.A violation of the standards and procedures for slope calculation adopted by resolution shall be deemed a violation of the ordinance codified in this subsection. To compute slope, the following formula shall be used: (CL xIxS) NA Where: CL = Length of contours = Contour interval S = Scale of map NA = Net area in square The average slope of each parcel shall be consistent with the slope requirement for the total site. The City may retain, at the applicant's cost, a registered civil engineer to verify the calculations of the applicant's engineer and to ascertain whether or not the calculations were made in accordancewith the standards set forth in this section. In the event that the civil engineer retained by the City determines that the calculations were made in accordance with the standards set forth in this section, the City shall accept the calculations as accurate. In the event that the civil engineer retained by the City determines that the calculations were not made in accordance with the standards set forth in this section, the City shall not accept the calculations as accurate. No application for development of property which requires slope calculations shall be deemed complete until the Director of Development Services has accepted the slope calculation. The slope criteria and minimum parcel sizes for property zoned RR-A, RR-B and RR-C shall not be modified to permit increased density or rescinded unless and until such modification 4 of 13 Ordinance No. 19- Page 5. or rescission is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.* Lot sizes for properties zoned RR-A, RR-B, RR-B2, RR-C or RS-1 shall be as follows: Slope Criteria and Minimum Parcel Size for Properties Zoned RR-A, RR-B, RR-B2, RR-C and RS-1 DENSITY ZONE SLOPE (Percent) Parcels served by City Parcels not served by water1 City water RR-A 0— 15 1 parcel per four net 1 parcel per 20 net acres 15— 25 1 parcel per eight net 1 parcel per 20 net acres 25—45 1 parcel per 20 net acres 1 parcel per 40 net acres 45 + No credit No credit RR-B 0— 15 1 parcel per two net acres 15— 25 1 parcel per four net Requires City water 25—45 1 parcel per eight net 45 + No credit No credit RR-B2 (Within No slope criteria 1 parcel per two net City water not required High Valley Area) acres2 RR-C 0— 15 1 parcel per one net acre RS-1 15— 25 1 parcel per two net acres Requires City water 25—45 1 parcel per four net 45 + No credit No credit 1 City water is defined as water provided through the City's public water system. 2 Within the High Valley Area, all lots prepared for division less than eight net acres in size shall include a minimum of one contiguous net acre building site with an average slope of less than 25 percent.The building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as watercourses, significant tree stands, rock outcroppings or ridgelines. 4. The ratio of the depth of a lot to the width of a lot shall not exceed a maximum ratio of 3:1. If that ratio is exceeded, the lot shall be deemed an unusually shaped lot. Unusually shaped lots may only be allowed within the RR-A through RR-C and RS-1 zones and only where the City Council, in its discretion, finds that unusually shaped lots are necessary to ensure the preservation of unique topographic features, riparian woodland areas and other areas of significant community importance as open space. This development standard shall apply to all lots proposed to be created by the subdivision or parcel map process. 5. Lot averaging in the RR-A through RR-C and RS-1 zones may be utilized at the time of subdivision consideration. The purpose of lot averaging is to ensure the preservation of unique topographic features, riparian woodland areas and other features of significant community importance as open space. The words "This is a lot-averaged subdivision" shall appear on the face of the map. The method of design for a lot-averaging subdivision is as follows: a. The density of development (number of available lots) is calculated as described in subsection (A)(3) of this section; 5of13 Ordinance No. 19- Page 6 b. The area(s) to be left as open space is determined; c. The available lots are distributed within the remaining area of the property with no lot to have an area less than the minimum lot size permitted within that zone; d. None of the lots, including the open space lot(s), can be further divided, and a covenant to that effect shall be recorded against the property and in favor of the City; e. Submittal of an acceptable standard subdivision design. 6. The lot averaging provisions of the Poway Municipal Code shall not be modified to permit increased density or rescinded unless and until such modification or rescission is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of'the City at a special or general election.* B. Required Setbacks. 1. Street setbacks shall be measured from the ultimate street right-of-way or the maximum required street width if said street is proposed to be private or is now a private street. 2. Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the minimum lot width requirement at the required front setback of the zone except for the RC and RA zones (see example below). PROPERTY UNE ......•• • .00MED 0 @MEI 0 •fM00,2O 00007 0 Gi2.00 0 401.0•®. • t::s: FRO YARD / +!f;Ce7: 't. i 6 K 3. Public and Semipublic Buildings and Uses. For public and semipublic buildings and uses, a minimum 50-foot setback shall be maintained from any adjacent single-family residential zone. In addition, a six-foot-high fence is required along an interior side or rear yard that is adjacent to a single-family residential zone, unless a parking lot is located within 75 feet of said property lines. In those instances, a six-foot-high decorative masonry wall shall be provided. For churches and other religious institutions, which for the purposes of this Title 17, are defined as structures which are primarily for religious worship and related religious activities, fences and walls may be eight feet in height pursuant to Section 17.08.240(K). Fifteen-gallon trees planted 20 feet on-center and shrubbery shall be installed and maintained along the inside of the required fence or wall in a five-foot-wide landscape planter to provide a dense landscape screen. The City Council may waive or modify the fence or wall requirement if both properties contain a public or semipublic use or building. 4. Where a portion of a residential building is nonconforming in terms of current rear yard and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas. 5. In situations where a rural residential or single-family residential lot is so irregular, as to 6 of 13 Ordinance No. 19- Page 7 prohibit or unduly restrict the construction of a single-family home, within the required setbacks noted in this title,the Director of Development Services shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. 6. Additions to the Main Building.Additions to the main building shall be allowed to encroach into the rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC 17.08.160. C. Lot Coverage. 1. Lot coverage shall include all buildings, carports, structures and accessory buildings and structures except that patio covers, open on three sides, pools, spas and freestanding open air gazebos and patios shall not be counted. D. Driveway Requirements. 1. Each building site shall have a minimum 20-foot-wide vehicular access to a street. 2. Driveway and other concrete or asphalt concrete areas available for parking shall not exceed 50 percent of the required front yard area. 3. Driveways serving one or two parcels in residential zones shall be constructed subject to the following standards: Zones Max. Grade Break* Max. Slope Min. 0— Surfacing 15 Width 15% —25% RS-3 RS-4 14% RS-7 (minimum tangent 20%*** 6" P.C.C. 6" P.C.C. Min. 12 feet RC length — 10') Max. 30 feet RA RS-1 RS-2 RR-A 14% 20%*** 2"A.C.** 6" P.C.C. Min. 12 feet RR-B Max. 30 feet RR-C * Vertical curve(min. 50 feet long)can be utilized with approval of the City Engineer. ** For slopes between 1%and 10%,gravel may be used based upon the following specifications: a.The native soil must have a minimum R-value of 50 and minimum sand equivalency of 20. b. Scarify and compact the top 12" of subgrade to 95% relative compaction. Over subgrade, compact the specified amount of Class II base to 95%, based upon the following table: R-Value Inches of Base 50 6" 60 5" 68 4" 75 3" 80 and over None c. Drainage improvements and culverts must be installed to the satisfaction of the City Engineer. *** Slopes in excess of 20% may be approved for very limited distances where topographic or geologic constraints prohibit compliance with the standard. In no case shall road and driveway slopes exceed 25%.Modification of the slope standard is subject to the approval of the Fire Marshal and the Director of Development Services. 7 of 13 Ordinance No. 19- Page 8 Additional grading required to meet the 20%slope road and driveway standard shall not count against the maximum graded area permitted by the general plan.To achieve a grading allowance,the applicant will be required to prepare two concept grading plans, one denoting the 25%or less driveway and the other a 20% or less driveway slope.The difference in the amount of graded area between the two concept grading plans would not be counted toward the maximum graded area. If the quantity of material graded to achieve the 20%slope exceeds the maximum allowable graded area for the lot by less than 20%,the Director of Development Services may approve the additional grading. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by 20% or more, approval by the City Council is required. In either case, the quantity of material that may exceed the maximum graded area is limited to only the quantity of material necessary to reduce the road or driveway slope from a maximum of 25%to 20%. E. Miscellaneous. 1. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground. Transformers, terminal :boxes, meter cabinets, pedestals, concealed ducts, and other facilities may be placed above ground. The requirement for undergrounding existing utilities shall not apply to any overhead power transmission lines in excess of 34.5 kV and long distance and main trunk communication facilities. The requirement for undergrounding existing utility connections may be waived or modified by the City Council in accordance with criteria and provisions for such as adopted by resolution of the City Council. 2. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. The location of a solar collector shall comply with the accessory building setback regulations. All new construction and remodeling shall be pre- plumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, including, but not limited to, the following conservation measures: a. Cogeneration; b. South-facing windows; c. Eave coverage for windows; d. Double-glazed windows; e. Earth berming against exterior walls; f. Greenhouses; and g. Deciduous shade trees. 3. All convalescent homes and/or hospitals shall be limited to areas with natural slopes of 10 percent or less. 4. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance. 5. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross, or the combination thereof, and clock towers and similar design elements on commercial structures, may exceed the maximum height of 35 feet. Proposals for such appurtenances, however, shall be evaluated through the development review application process on a case-by-case basis so that architectural compatibility and appropriate building scale is achieved and maintained. 6. All public projects and private development projects within the jurisdiction of the City that have the potential to adversely impact sensitive plant species, wildlife species, and associated natural habitats shall either demonstrate that any removal of habitat associated with the proposed development has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or comply with the adopted Poway subarea habitat conservation plan, the companion implementing agreement, and the requirements thereof including the compensation mitigation strategy, mitigation ratios, and special development requirements. 8 of 13 Ordinance No. 19- Page 9 7. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by PMC 17.08.160(K) or such that was provided at the time the dwelling was constructed, whichever is less. SECTION 4: Section 17.08.240 of the Poway Municipal Code shall be amended as follows: 17.08.240 Walls and fences Requirements for walls and fences in residential zones shall be as follows: A. A wall, fence, retaining wall, or driveway entry gate and associated pilasters including any appurtenances or any combination thereof shall not exceed six feet in height, except as herein provided. 1. When a retaining wall is used to increase usable lot area,the sum total of any combination of fence or wall and retaining wall shall not exceed six feet in height unless a five-foot landscape area is provided between the retaining wall and fence or wall. A series of retaining walls and fence or wall is allowed in conjunction with the five-foot land-scape area, provided each individual fence and wall or retaining wall shall not exceed six feet in height as conceptually shown in Figure A below. 2. Within the required front yard area, at a minimum, the top two feet of a six-foot fence or wall shall be constructed of open fencing as conceptually shown in Figure B below, unless the wall is a retaining wall, a driveway entry gate and associated pilasters, or additional height is approved for noise attenuation purposes. 3. The maximum height of driveway entry gates and associated pilasters, on properties that are at least one acre in size and zoned RR-A, RR- B, RR-C, or RS-1, shall not exceed seven feet. A driveway entry gate and associated pilasters shall be located adjacent to a driveway and may be located within the front yard setback area, provided a minimum 20-foot setback is maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street. Holt 5" �- .��.s..•:.^ice r - :� -te-'- e e • • y... .-:.....•� '1 r'`ft-'^' : rFENCING lit II e It I tilt ! SOLID - :.,f: • -;# • I • i ; I FENCING .. .. 1�r'. ,.ram�:vf v.� a-.cK►►.ci=_tr++�.4'►•'' •ti`i., STFI EE8 B. A solid wall or fence not more than six feet in height may be maintained along the interior side of rear lot lines, except as required by PMC 17.08.220(A); provided, that such wall or fence does not extend into a required front yard except for noise attenuation as required by the City and as provided in this chapter. C. A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed three feet in height within 15 feet of the intersection of the driveway and the street right-of-way and/or shall comply with Caltrans's design standards for site visibility. 9 of 13 Ordinance No. 19- Page 10 Corner cut-offs maybe required for safety and visibility (see examples following). 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'r':.::�:�',':••; ^.;�� .::��:�'�::XL"v?K7�•:r=:.� •.."`'�'C�•:" -try�•C••" -'-•-..r-„^.r.•�.:�`-•:»^'w''^-•-«.'.:.•.fir V-r:+:.1•^'\rs•Y...4�•Y:'•I..'-i''.�•K /yy_ +� Y •S fir:..'• 1.ti.. S i.�r+irk~9J1 -~fir.•.•-•^f�':M-•{'•ti• � �_r-.'Y D. Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages. E. A wall or fence up to eight feet in height may be allowed by the Director of Development Services where necessary for noise attenuation from arterial streets or other noise sources. F. Where barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, such materials shall maintain a minimum vertical clearance of six feet above grade, shall extend no more than one foot above the top of the wall or fence, and shall be maintained in a safe condition. Such strands of wire shall not be counted in the overall allowable fence height. G. It is unlawful to place razor wire or concertina wire on the rooftop of any building. H. It is unlawful for an owner of a parcel of land within the City 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 wire, razor wire, and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC. I. All fences (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of the Uniform Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. J. Retaining walls, which have a walking surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The height of the required railing shall not be considered in the overall height measurement of the retaining wall. K. Walls and fences may be up to eight feet in height for churches and other religious institutions, which for the purposes of this Title 17, are defined as structures which are used primarily for religious worship and related religious activities, when needed for security purposes, subject to the following: 1. An open decorative wrought iron fence is allowed at the front, side, and rear property lines, except where solid walls and fences are required pursuant to Section 17.08.170(B)(3). 2. A solid wall or fence is allowed at the rear and interior side property lines. 3. Solid walls and fences must be set back at least five feet from the front and street side property lines to provide a landscaped buffer. 4. Chain link fences are not permitted. 10 of 13 Ordinance No. 19- Page 11 5. Solid walls and fences must be architecturally compatible with the development of the property on which it is located. At a minimum the wall or fence must be the same color as the buildings and a vertical element, such as a pilaster, must be incorporated at least ever00 feet. 6. Walls and fences over six feet in height require building permits prior to installation. SECTION 5: Section 17.10.170 of the Poway Municipal Code shall be amended as follows: 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 except as allowed by PMC 17.10.170(G). 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 PMC 17.10.150(B) and as allowed by PMC 17.10.170(G). C. Where barbed wire strands, razor wire or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, 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 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 wire, razor wire and concertina wire(coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC. E. It is unlawful to place razor wire or concertina wire on the rooftop of any building. F. Retaining walls, which have a walking surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The height of the required railing shall not be conidered in theoverall height measurement of the retaining wall. G. Walls and fences may be up to eight feet in height for churches and other religious institutions, which for the purposes of this Title 17, are defined as structures which are used primarily for religious worship and related religious activities, when needed for security purposes, subject to the following: 1. An open decorative wrought iron fence is allowed at the front, side, and rear property lines. 2. A solid wall or fence is allowed at the rear and interior side property lines. 3. Solid walls and fences must be set back at least five feet from the front and street side property lines to provide a landscaped buffer. 4. Chain link fencing is not permitted. 5. Solid walls and fences must be architecturally compatible with the development of the property on which it is located. At a minimum the wall or fence must be the same color as the buildings and a vertical element, such as a pilaster, must be incorporated at least every 30 feet. 6. Walls and fences over six feet in height require building permits prior to installation. 7. The walls and fences described in this subsection are not allowed for churches and other religious institutions that are located within a multi-tenant commercial building. SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or 11 of 13 Ordinance No. 19- Page 12 unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 7: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 12 of 13 Ordinance No. 19- Page 13 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 17th day of September, 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 1st day of October, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 13 of 13