For the Planning Commission Meeting of August 21, 2024
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Colby Cataldi, Director of Community Development
FROM: Sandra Robles, Senior Planner
Title
Conditional Development Permit No. 2024-0008: A request to install an electric fence, 10 feet in height and approximately 1,076 linear feet around the perimeter of an existing United Rentals facility on approximately 2.17 acres of land at 1910 Stonehurst Drive (APN: 1133-061-02) with the General Manufacturing (I-GM) land use designation of the Rialto Airport Specific Plan.
Body
APPLICANT:
Amarok 550 Assembly Street, 5th Floor Columbia, SC 29201 on behalf of United Rentals 1910 Stonehurst Drive, Rialto, CA 92377.
LOCATION:
The project site consists of a 2.17-acre parcel of land located at 1910 Stonehurst Drive (APN: 1133-061-02) in the General Manufacturing land use designation of the Rialto Airport Specific Plan. (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Surrounding General Plan Land Use Designations
|
Location |
General Plan Designation |
|
Site |
General Manufacturing |
|
North |
General Manufacturing |
|
East |
Light Industrial |
|
South |
General Manufacturing |
|
West |
General Manufacturing |
Surrounding Zoning Designations
|
Location |
Zoning |
|
Site |
General Manufacturing (I-GM), Rialto Airport Specific Plan Overlay |
|
North |
General Manufacturing (I-GM), Rialto Airport Specific Plan Overlay |
|
East |
Planned Industrial Development (I-PID), Rialto Airport |
|
South |
General Manufacturing (I-GM), Rialto Airport Specific Plan Overlay |
|
West |
General Manufacturing (I-GM), Rialto Airport Specific Plan Overlay |
Site Characteristics
The project site consists of a rectangular-shaped 2.17-acre parcel (APN: 1133-061-02) on Stonehurst Drive, bounded by Locust Avenue to the east. The property is improved with a 20,000 square-foot United Rentals facility. The parcel is zoned with a General Manufacturing land use designation of the Rialto Airport Specific Plan.
Surrounding Area
To the north and west of the site, there are operational warehouses within the General Manufacturing (I-GM) zone. To the south is a vacant parcel within the General Manufacturing (I-GM) zone, and to the east there is an operational warehouse within the Planned Industrial Development (I-PID) zone.
ANALYSIS/DISCUSSION:
Project Proposal
The applicant, United Rentals, proposes to install approximately 1,076 linear feet of 10-foot-high electric security fencing around the perimeter of the project site to provide additional security to an existing facility that rents generators and HVAC equipment.
Entitlement Requirements
The project site is located within the Rialto Airport Specific Plan Overlay. Neither the specific plan nor the Rialto Municipal Code (RMC) contain provisions regarding electric fencing. Per the RMC, electric fences are neither permitted nor prohibited. Section 18.61.070(K) of the RMC prohibits barbed wire, razor wire, or similar wire or 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 eight (8) similar requests (Conditional Development Permit Nos. 759, 774, 802, 2019-0002, 2022-0010, 2022-0058, 2023-0020, and 2023-0034) 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
According to the plans on file (Exhibit B), the applicant will install a ten (10) foot high electric security fence along the inside of the existing fencing and walls that surround 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.
Unlike typical electric fences, the one proposed by the applicant 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 less than 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 a slap on the hand from a ruler.
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. Additional reports (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 this project. On a previous project (CDP No. 2022-0010), in which Amarock installed the same product, the Rialto Police Department recommended 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 the electric fencing.
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 2024-0008, the electric fencing may 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 IMPACT:
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 1,076 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 is categorically exempt pursuant to CEQA Class 3, Section 15303, New Construction or Conversion of Small Structures; and,
2. Adopt the attached Resolution (Exhibit F) to approve Conditional Development Permit No. 2024-0008 subject to the findings and conditions therein.