For the Planning Commission Meeting of December 6, 2023
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Paul Gonzales, Community Development Manager
FROM: Jason Costa, Planning Aide
Title
Conditional Development Permit No. 2022-0058 (Master Case No. 2022-0092): A request to allow the installation of approximately 611 linear feet of electric security fence around the perimeter of an existing tow yard located at 1746 South Sycamore Avenue (APN’s: 0132-211-05 and 0132-211-06). This project is categorically exempt pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA).
Body
APPLICANT:
Steve’s Towing, 1746 South Sycamore Avenue, Rialto, CA 92376.
LOCATION:
The project site consists of two (2) parcels of land located at 1746 South Sycamore Avenue (APNs: 0132-211-05 and 0132-211-06) within the Gateway Specific Plan (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Existing Land Use Designations
|
Location |
General Plan Designation |
|
Site |
General Commercial with a Specific Plan Overlay (Gateway SP) |
|
North |
City of Colton |
|
East |
City of Colton |
|
South |
General Commercial with a Specific Plan Overlay (Gateway SP) |
|
West |
General Commercial with a Specific Plan Overlay (Gateway SP) |
Surrounding Zoning Designations
|
Location |
Zoning |
|
Site |
Freeway Commercial (F-C) |
|
North |
Jurisdiction of the City of Colton |
|
East |
Jurisdiction of the City of Colton |
|
South |
Freeway Commercial (F-C) |
|
West |
Freeway Commercial (F-C) |
Surrounding Area
On the north side of the project site is an approximately 132,000 square foot industrial warehouse building (City of Colton), to the south is an existing 10,200 square foot truck repair shop, east of the site is an existing 7,677 square foot industrial building in the City of Colton, and to the west are two (2) industrial developments including a 10,000 square foot auto parts store.
ANALYSIS/DISCUSSION:
Project Proposal
The applicant, Steve’s Towing, proposes to install approximately 632 linear feet of electric security fencing on the perimeter of an existing tow yard operation for additional security.
Entitlement Requirements
The Rialto Municipal Code (RMC) does not contain provisions for electric fencing and does not specifically permit nor prohibit this type of fencing. Section 18.61.070(K) of the RMC specifically prohibits certain security fences but is silent regarding electrified fences. As such, the request falls under Section 18.02.050 of the RMC, “Determination of Uses.” The Planning Commission previously approved five (5) similar requests (Conditional Development Permit Nos. 759, 774, 802, 2019-0002, and 2022-0010) via a Conditional Development Permit, thereby establishing that electric security fencing may be permitted, subject to the approval of a Conditional Development Permit.
General Fence Information
As shown on the submitted site plan (Exhibit B), the applicant proposes to install a ten (10) foot high electric security fence on the interior side of the existing fencing and walls currently surrounding the project site. The arrangement of the electric fencing behind the existing perimeter fencing and walls will make accidental contact highly unlikely for someone not seeking to gain unauthorized access to the site.
The proposed electric fence is a low voltage, battery powered, self-contained system with multiple layers of crime deterrence. The first layer of deterrence involves the use of signage along the fencing. Signs warning of the electrification of the fence will be located every thirty (30) feet along the fencing. The warning signs will include bi-lingual text in English and Spanish.
The second layer of deterrence utilizes an audible siren. The sirens will sound in the event that a wire has been cut or if an object has been placed on the fence to bypass the electrification. When the siren is triggered, the system sends a signal to the fence manufacturer alerting them of the alarm, and in turn, they contact their client to inform them of the alarm event. The system does not directly contact police services. Additionally, the siren will shut off automatically after a certain duration of time.
The third and final layer of deterrence is voltage. A single burst of voltage, that has a duration of four-ten-thousandths of one second (0.00004 seconds), is delivered to any individual that bypasses the first two (2) layers of deterrence and proceeds to physically grab or touch the fence. According to the fence manufacturer, the shock received from the single burst of voltage is similar to that of a ruler strike on the hand.
The proposed fence is designed in compliance with the Underwriters Laboratories 69 (UL 69) standard for electric fencing. The Occupational Safety & Health Administration (OSHA) of the United States Department of Labor recognizes the UL 69 standard. OSHA maintains a database of accidental deaths from various causes and to date no deaths or incidents have occurred related to fencing installed in compliance with the UL 69 standard. To further support the safety of the fence, the applicant submitted a safety report prepared by the University of Wisconsin (Exhibit C). According to the report, electric fences, such as the fence proposed, are not dangerous or lethal because they do not emit a continuous electrical current flow. The short burst of electric shock given by the proposed fence is more of an annoyance than it is injurious. Exhibit D and Exhibit E further describe the safety and operation of the fence.
Safety
The Rialto Police Department did not express any objection to the proposed electric fence but does recommend the imposition of a Condition of Approval requiring the installation of warning signage with bi-lingual text (English and Spanish) every thirty (30) linear feet along electric fencing. The recommended Condition of Approval is incorporated into the Draft Resolution for Conditional Development Permit No. 2022-0058 (Exhibit F).
Land Use Compatibility
The electric fencing is consistent with the existing use on the project site and the surrounding land uses. The Planning Division does not anticipate any negative impacts as a result of the installation of the electric fencing. With the approval of the Conditional Development Permit 2022-0058, the electric fencing will be subject to a Planning Commission review within six (6) months from the date of approval to ensure compliance of all Conditions of Approval, and to ensure that the fence has not become a safety concern.
GENERAL PLAN CONSISTENCY:
The project is consistent with the following goals of the Safety Element of the Rialto General Plan:
Goal 5-9: Reduce criminal activity and discourage criminal involvement in the City of Rialto.
ENVIRONMENTAL REVIEW FINDING:
California Environmental Quality Act
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, New Construction or Conversion of Small Structures. Class 3 allows for the exemption of a project consisting of the installation of fences. The project involves the installation of 986 linear feet of electric security fencing, thereby qualifying the project for a Class 3 exemption.
PUBLIC NOTICE:
The City mailed public hearing notices for the proposed project to all property owners within 660 feet of the project site, posted a copy of the public hearing notice outside of the Council Chambers, and published the public hearing notice in the San Bernardino Sun newspaper, as required by State law.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission:
1. Determine the project to be categorically exempt pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA).
2. Adopt the attached Resolution (Exhibit F) to approve Conditional Development Permit No. 2022-0058 to allow the installation of approximately 632 linear feet of electric security fencing around the perimeter of an existing tow yard facility located at 1746 South Sycamore Avenue (APN: 0132-211-05 and 0132-211-06), subject to the findings and conditions therein.