Item #08
Date: January 4, 2022
To: Mayor and City Council
From: Jim Schaad, City Manager
Paul Richardson, Consultant
Subject: Amending Barbed Wire and Security Fence Regulations Recommendation:
Pass a Motion to waive the second reading and adopt Ordinance No. 1437 entitled “Barbed Wire and Security Fence Regulations” amending portions of Chapters 8 and 18 of the Marysville Municipal Code.
Background:
On October 5th, the Council considered the Planning Commission recommendation and voted unanimously to initiate a zoning code revision to regulate barbed wire and other security fencing.
At the Planning Commission meeting of October 27th, the Commission held a workshop to consider and make policy recommendations to the draft barbed wire fence ordinance. The attached ordinance incorporates the consensus direction of the Commission. In short, the Commission recommended that the ordinance:
1) Provide greater discretionary flexibility for
enforcement of existing barbed wire fences
installed after 1996 that are not highly visible
from thoroughfares in the Historic District.
2) Allow barbed wire in Manufacturing districts,
outside the Historic District, via a staff level
minor use permit provided such fencing is not
on a principal street frontage.
On November 10th, at a noticed public hearing, the
Commission voted unanimously to recommend that
the City Council adopt the attached ordinance
regulating barbed wire and other security fencing.
Item #08
Draft Ordinance:
The Draft Ordinance is attached to this report. Section A is for new fencing and section B would remediate existing fencing installed without prior City approval.
A) Barbed wire, razor wire, concertina wire, serpentine wire and similar security fencing is incompatible with community design standards and are prohibited unless individually approved based on substantial evidence by issuance of a Planning Commission Use Permit; or unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. When considering an application for such fencing, for any property in the Central Business District, Medical Arts District and any Commercially zoned property, the Commission shall consider:
1) Substantial evidence that such fencing is needed
2) The visibility of such fencing from Public Rights of way, public trails, open space, and public parks.
3) The feasibility of other, more attractive, fencing options such as wrought iron or steel tubing.
4) The feasibility of other security options.
Such barbed wired, razor wire, concertina wire, serpentine wire and similar security fencing is prohibited in any Residential Districts or on Commercial and Manufacturing zoned properties that abut a residentially zoned property.
In Manufacturing Districts outside the Central Business District or Medical Arts District, such security fencing may be allowed, through a staff level Minor Use Permit, provided the fencing is not located on a primary street frontage.
B) Existing barbed wire or similar security fencing in existence at the time of this Ordinance adoption and located in the Historic District boundaries must show evidence of Architectural Review or other City approval or it shall be conclusively presumed such fencing does not comply with and has not received required Design Review approvals. Upon notice by the City that such fencing is in violation of the City Design Review and Historic District Ordinance, the property owner of such fence may apply for a Use Permit to keep the barbed wire or similar security fencing or remove said fencing material. In reviewing the Use Permit the Commission must consider:
1) Substantial evidence that such fencing is needed
2) The visibility of such fencing from major thoroughfares as determined by the Planning Commission.
3) The feasibility of other, more attractive, fencing options such as wrought iron or steel tubing in areas highly visible to the general public. 4) The feasibility of other security options.
Item #08
5) In considering the Use Permit, the Commission, in its discretion, may allow existing unobtrusive barbed wire or similar security fencing to remain until such time as it must be repaired, replaced, or altered due to maintenance or reconstruction. *italic text updated since Planning Commission workshop Analysis:
The Commission considered other City Ordinances regulating barbed wire, past actions on fences in the downtown, and testimony at the public workshop on fencing. The Commission was clear that barbed wire was not appropriate on any residentially zoned property or any property abutting a residential district.
The Commission was also concerned
about the aesthetics and the visual
impact of barbed wired in the Central
Business District, the Medical Arts
District, and the Historic District.
The Commission understood that in
Manufacturing Districts outside the
downtown, added security may be
needed. Provided barbed wire was not
on the principal street frontage, such
security fencing could be approved at
the staff level.
Similarly, the Commission wanted to
allow some flexibility when reviewing
existing barbed wire fences installed
since 1996 without prior City approval.
Through a Use Permit, the Commission
can allow nonobtrusive barbed wire to
remain until such time is it must be repaired or replaced.
Environmental review:
The project is exempt from the California Environmental Quality Act pursuant to Title 14, Chapter 3, California Code of Regulations, Section 15061(b)(3).
Attachment:
1) Barbed Wire and Security Fence Ordinance Number 1437