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Ordinance No. 2021-02 | Amending Municpal Code; Fences and Obstruction | Adopted 07/09/2021ORDINANCE NO. 2021-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE XXXIV (FENCES AND OBSTRUCTIONS) WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions), Section 30.34.040, currently prohibits electrified fences of any kind within the city; and WHEREAS, the City of Gilroy has received an application to amend the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to allow electrified security fences, subject to certain criteria, on commercial and industrial zoned properties; and WHEREAS, the Planning Commission has received and considered the Zoning Code amendment, in accordance with the Gilroy City Code Chapter 30, Article LII (Amendment to the Zoning Ordinance), and the staff report pertaining to the proposed Zoning Text Amendment file number Z 21-02; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 13, 2021, at which time the Planning Commission took and considered the written and oral public testimony related to Zoning Text Amendment file number Z 21-02 and thereafter recommended that the City Council approve said amendment; and WHEREAS, the City Council held a duly noticed public hearing on June 21, 2021, at which time the City Council received and considered Zoning Amendment file number Z 21-02, took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 21-02; and WHEREAS, the City has determined that review and approval of the provisions contained in the Zoning Amendment file number Z 21-02 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15311 (Class 11) of the CEQA guidelines, which provides that CEQA does not apply to the construction of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to fences. In addition, the action being considered does not constitute a "project" within the meaning of CEQA pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from CEQA when "[t]he activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA;" and WHEREAS, in accordance with City of Gilroy Zoning Code Section's 30.52.40 and 30.52.60, the Planning Commission finds that the proposed Zoning Ordinance Amendment is consistent with the intent of the zoning ordinance to control the location, height and materials of fences and other visual or physical obstructions so that they do not adversely affect adjacent properties or obstruct vision along public streets because the monitored perimeter security fence system would be visually Ordinance No. 2021-03 Page 2 transparent as it would be located 6-to-12-inches behind aperimeter fence and would be comprised of twenty (20) 12.5 gauge, galvanized steel wires which run horizontally to a height of 10-feet. WHEREAS, in accordance with City of Gilroy Zoning Code Section's 30.52.40 and 30.52.60, the Planning Commission fmds that the proposed Zoning Ordinance Amendment implements the Gilroy 2040 General Plan and in particular: Land Use Goal 5; Economic Prosperity Goal 3 Economic Prosperity Policy EP 3.3 (Regulations Updates); Economic Prosperity Policy EP 8.1 (Industrial and Commercial Lands); Public Facilities and Services Goal 9; and Public Facilities and Services Policy PFS 9.3 (Development Review). In line with these goals, the zoning amendment will promote a business -friendly atmosphere, protect lands designated for industrial and commercial uses, and help ensure that crime and safety issues are addressed; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 21-02 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 30, Zoning, XXXIV (Fences and Obstructions), Section 30.34.40 (Prohibited materials) is hereby amended as follows: 30.34.40 Prohibited materials. (a) Barbed Wire Fences. Barbed wire, razor wire or similar fences shall not be installed within the city, except for security fences in commercial and industrial zones. Barbed wire, razor wire or similar fences shall not be installed within the area encompassed by the downtown specific plan. (b) Electrified Fences. Electrified fences of anyk-ind other than those permitted by Section 30.34.35 of this Chapter, shall not be installed within the city. (c) Wire Mesh Fences. Wire mesh fences shall not be installed within any required front yard, side yard or rear yard setback area whenever this is adjacent to a street in any residential or commercial zone. In the downtown specific plan districts, no wire mesh fencing will be installed within the front thirty (30) feet or the side or rear twenty (20) feet whenever adjacent to a street or an alley. Wire mesh fences shall not be installed along any water district channel or railroad corridor, unless coated with a dark vinyl or similar material. SECTION II Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions), Section 30.34.35 (Monitored perimeter security fence system) is hereby created as follows: Ord Z 21-02 Ordinance No. 2021-03 Page 3 Section 30.34.35 (Monitored perimeter security fence system) Monitored perimeter security fence system means a perimeter Alarm system with an assembly of battery powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a batter/ charging device used exclusively to charge the system's battery. and other integrated components. (a) The design. construction. and use of monitored perimeter security fence systems shall be allowed. subiect to the following requirements: 1) IEC Standard 60335-2-76: Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76. current edition. 2) Power Source: The energizer for Monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger. 3) Perimeter Barrier: Monitored perimeter security fence systems shall be installed behind a non -electrified fence or wall that complies with section 30.34.30(b) of this Chapter. 4) Emergency Gate Access: Before a Monitored Perimeter Security Fence System is activated, a Knox device shall be approved by the Fire Department. The Knox device will be installed at the main entry gate and fully functional at all times when the Monitored Perimeter Security Fence System is operational. 5) Setback: The perimeter security fence shall be setback 6-inches to 12-inches from the non -electrified fence or wall in order to prevent inadvertent access to the battery - charged fence. 6) Design/Height: The monitored perimeter security fence shall be visually transparent and comprised of 20, 12.5-gauge galvanized steel wires which are run horizontally to the height of 10'. or 2 feet higher than the perimeter barrier fence (whichever is greater). 7) Warning Signs: Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs that read: "Warning -Electric Fence" at intervals of not less than thirty feet. 8) Location: Monitored perimeter security fence systems shall only be permitted on commercial and industrial zoned properties. Ord Z 21-02 Ordinance No. 2021-03 Page 4 (b) Police Department Permit Reuuirements. All monitored perimeter security fence systems shall be permitted in accordance with City Code (Alarm Systems). (c) It shall be unlawful for any person to install. maintain or operate a monitored perimeter security fence system in violation of this Chanter or Chanter 3B (Alarm Systems). (d) The Monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to reuuestine denlovment of law enforcement. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this lst day of July, 2021 by the following roll call vote: AYES: COUNCILMEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUNOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: arie Blankley, Mayor ST: nn McPhillip rim City Clerk Ord Z 21-02 I, LeeAnn McPhillips, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2021-02 is an original ordinance, or true and correct copy of' a city Ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1 si day of July, 2021, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 9'h day of July, 2021. LeeAnn McPhillips Interim City Clerk of'hhttity of Gilroy (Seal)