For the Planning Commission Meeting of June 5, 2024
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Paul Gonzales, Community Development Manager
FROM: Jason Costa, Associate Planner
Title
Conditional Development Permit No. 2022-0058: A request to install approximately 14,137 linear feet of electric fencing around the perimeter of an existing Federal Express facility on approximately 149.91 acres of land at 330 Resource Drive (APNs: 0260-021-09, 0260-021-15, 0260-021-22, 0260-021-25, 0260-021-41, 0260-021-42, and 0261-021-43) within the Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan.
Body
APPLICANT:
Amarok 550 Assembly Street, 5th Floor Columbia, SC 29201 on behalf of Federal Express 330 Resource Drive Rialto, CA 92376.
LOCATION:
The project site consists of seven (7) parcels of land located at 330 Resource Drive (APNs: 0260-021-09, 0260-021-15, 0260-021-22, 0260-021-25, 0260-021-41, 0260-021-42, and 0261-021-43) in the Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan. (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Surrounding General Plan Land Use Designations
|
Location |
General Plan Designation |
|
Site |
Specific Plan Overlay |
|
North |
Jurisdiction of the County of San Bernardino |
|
East |
Specific Plan Overlay |
|
South |
Jurisdiction of San Bernardino County and Specific Plan Overlay |
|
West |
Specific Plan Overlay |
Surrounding Zoning Designations
|
Location |
Zoning |
|
Site |
Heavy Industrial (H-IND) |
|
North |
Jurisdiction of the County of San Bernardino |
|
East |
Heavy Industrial (H-IND) |
|
South |
Jurisdiction of the County of San Bernardino and Heavy Industrial (H-IND) |
|
West |
Light Industrial (M-1) |
Site Characteristics
The project site consists of seven (7) parcels (APNs: 0260-021-09, 0260-021-15, 0260-021-22, 0260-021-25, 0260-021-41, 0260-021-42, and 0261-021-43) on Resource Drive between South Cactus Avenue and South Riverside Avenue with a total of approximately 149.91 acres. All of the parcels constitute a Federal Express parcel delivery facility. All of the parcels are zoned Heavy Industrial (H-IND) in the Agua Mansa Specific Plan except 0260-021-09 and 0260-021-15. These are zoned Light Industrial (M-1) and are not in the Agua Mansa Specific Plan.
Surrounding Area
To the north there is unincorporated San Bernardino County vacant land. To the south, there is a mix of unincorporated San Bernardino County residential use and Agua Mansa Specific Plan Heavy Industrial (H-IND) use with an operational warehouse. To the east is an Agua Mansa Specific Plan Heavy Industrial (H-IND) use with an operational warehouse. To the west (across South Cactus Avenue) there is a Light Industrial (M-1) zone with an operational warehouse.
ANALYSIS/DISCUSSION:
Project Proposal
The applicant, Federal Express, proposes to install approximately 14,137 linear feet of 10-foot-high electric security fencing around the perimeter of the project site to provide additional security to an existing parcel distribution facility.
Entitlement Requirements
The project site is located within the Agua Mansa Specific Plan. Neither the specific plan or 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 seven (7) similar requests (Conditional Development Permit Nos. 759, 774, 802, 2019-0002, 2022-0010, 2022-0058, and 2023-0020) 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 2023-0034, 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 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 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. 2023-0034 subject to the findings and conditions therein.