title
AMENDMENT TO TITLE 16, CHAPTER 16.48, SECTION 16.48.100 OF THE STOCKTON MUNICIPAL CODE RELATED TO ELECTRIFIED FENCING
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission forward a recommendation to the City Council to adopt an Ordinance approving an amendment to Stockton Municipal Code Section 16.48.100 relating to electrified fencing.
body
Summary
On September 18, 2018, the applicant, Electric Guard Dog, LLC, submitted an application for a code amendment on behalf of the property owner, Holt of California, to amend Stockton Municipal Code (SMC) Title 16, Chapter 16.48, Section 16.48.100(D). The primary effect of the proposed amendment would be to expand the area where electrified fencing is permitted to four specific land uses: (1) marinas; (2) construction, farm & heavy equipment sales/rentals; (3) personal storage; and (4) minor communication facilities when located in the Commercial, General, (CG) Zoning District. Other minor amendments are proposed as described in the report below.
The staff recommendation integrates input from the Fire Department, Police Department, and Building and Life Safety Division. Collectively, each department supports the amendment request as it enables the use of a safe and effective security tool able to deter criminal activities (e.g., trespass, vandalism, theft) at local businesses with valuable assets. As detailed in this report, staff recommends that the Planning Commission forward an approval recommendation to the City Council. This recommendation includes the applicant’s request to streamline permit requirements at industrial-zoned properties but retains discretionary review at commercially-zoned property.
DISCUSSION
Background
On July 27, 2010, the City Council adopted a code amendment to amend Title 16, Chapter 16.48, Section 16.48.100(D) to allow the electrified fencing for security purposes in the Industrial, Limited (IL), Industrial, General (IG) and Port (PT) zones, subject to specified standards and approval of a Land Development Permit. Prior to adoption of the code amendment, there were many illegal, unpermitted electric fences in the City. Approval of the code amendment legalized the use of electrified fencing in the City as an additional tool to deter criminal activities.
Beginning in July 2018, the applicant, Electric Guard Dog, LLC, initiated informal talks with staff to discuss the potential for a code amendment to address repetitive criminal activities at certain businesses operating in the CG zoning district. These discussions led to a formal application to amend SMC Section 16.48.100(D) to permit electrified fencing at four specific land uses in the CG zoning district, subject to securing a Land Development Permit, along with other changes intended to relax certain regulatory requirements.
Present Situation
Electrified fencing is a barrier that functions as both a physical deterrent and alarm system. As the name suggests, a barrier delivers an electric shock to deter trespass and, if activated, an alarm sounds alerting multiple parties.
The system is comprised of a low voltage (12V) battery powered electric fence that is placed behind an existing perimeter barrier (e.g., fence or wall). The electrified fence contains 20, 12.5-gauge, galvanized steel wires running horizontally to the height of 10 feet. Brightly colored warning signs are placed every 30 feet apart along the fence. The system includes audible sirens activated upon breach of the system (e.g., wire cutting or placing objects on them). Once activated, an alarm triggers a series of communications organized by an alarm company (e.g., business owner, Police Department).
Electrified fencing systems are also subject to SMC Chapter 8.44 (Intrusion Detection Systems and Burglar Alarm Systems), which requires an Alarm User’s Permit from the Chief of Police. The purpose of SMC Chapter 8.44 is to establish standards and controls for the various types of alarm systems for which police response or investigation is expected to protect the public health, welfare, and safety. The subject of this report does not include proposed amendment(s) to SMC Chapter 8.44.
Proposed Ordinance Changes
The proposed ordinance amendments are listed below with a staff analysis accompanying each (A redline strikethrough of all the proposed ordinance changes is included at Attachment A - Development Code Redline Version):
• SMC Section 16.48.100(D) - This amendment adds the use of electrified fencing as permitted in the CG, (Commercial, General) zone.
Staff Analysis: There are specific land uses in the CG zone that contain an outdoor storage component for construction materials, farm & heavy equipment, recreational vehicles, and boats, etc. Because the materials, equipment and vehicles are placed outdoors of the premises, the business owners are frequently suffering repetitive criminal activities of their properties. Allowing the electrified fencing at four specific land uses in the CG zone will provide greater protection for the business owners’ assets.
• SMC Section 16.48.100(D)(1)(a) - The amendment removes a Land Development Permit (LDP) requirement for electrified fencing in the IL, IG and PT zones but requires an LDP for electrified fencing in the CG zone.
Staff Analysis: Many CG zoned properties abut residential zoning districts. Staff agrees with the applicant’s proposal to require an LDP for electrified fencing in these locations. The LDP is required for the electrified fencing in the CG zone to ensure compatibility with adjacent properties of different land use characteristics. On the other hand, for proposed electrified fencing in the IL, IG and PT zones staff is supportive of the LDP requirement being removed because most of these zones are surrounded by warehouse, industrial, and manufacturing uses where conflicts have not materialized after electrified fencing installation. All electrified fencing would continue to be subject to the General Requirements and electrified fencing standards specified in SMC Section 16.48.100(D)(2) for installation and building permit review and approval. Similarly, an Alarm User’s Permit would also be required under SMC Chapter 8.44.
• SMC Section16.48.100(D)(1)(c) - A new subsection is proposed after SMC Section 16.48.100(D)(1)(b) that clarifies a Building Permit is required for electrified fencing in compliance with Title 15 (Buildings and Construction).
Staff Analysis: A building permit is required for the electrified fencing to ensure that the installation of the fence complies with California State Electric Code, including the fence design and structure, a location of exiting from the property to the street, and a “Knox Box” or other similar device installed on a main access for an emergency access by Police and Fire Departments.
•
• SMC Section 16.48.100(D)(2)(c) - This section is revised to clarify existing developed properties with legally built existing chain-link fencing may retain said fencing when located closer than 10 feet from the front and side property. Similarly, vinyl coating on said fencing is not required.
Staff Analysis: Amendment text here formalizes Development Code interpretation issued by the Director on October 3, 2018 (See Attachment B - Development Code Interpretation).
• SMC Section 16.48.100(D)(2)(d)(ii) - The current code requires that any opening in the perimeter fence greater than three (3) inches shall require a minimum 36-inch setback from the electrified fence. The proposed amendment provides a new option to prevent contact with electrified wires consisting of the installation of mesh between electrified fence and non-electrified fence.
Staff Analysis: The wire mesh barrier installed behind a perimeter fencing (opening greater than three (3) inches fence) will effectively reduce the opening of the fence to less than three (3) inches. By utilizing this added layer of mesh, it provides additional assurance that the public cannot access the electrified fence with their hands or fingers.
• SMC Section 16.48.100(D)(2)(f) - Warning Signs. A new requirement is added to require warning signs to remain in good condition at all times to ensure visibility. Also, the interval of warning signs is reduced from 50 feet to 30 feet in order to achieve compliance with State of California, Civil Code section 835.
Staff Analysis: The maintenance requirement comes at the request of Police Department staff based on field observations (e.g., graffiti). Also, the spacing change corrects an inconsistency with state law.
• SMC Section 16.48.100(D)(2)(g) - Emergency Access. A new requirement is added for each gate (pedestrian and vehicle gates) to include signage with 24-hour contact information.
Staff Analysis: This requirement comes at the request of Fire Department and Police Department staff and is intended to expedite communications in emergency situations.
• SMC Section 16.48.100(D)(2)(h) - Adjacent Residential Zones or Uses. Amendment to this section removes the restriction of electrified fencing adjacent to residential zones or uses. As proposed, electrified fencing may abut residentially-zoned or residentially used properties when there is a non-electrified wall at least 8 feet in height between electrified fence and residential zone or use.
Staff Analysis: Staff supports the use of electrified fencing adjacent to residential zones or uses because:
(a) There is a barrier separating the electrified fence and non-electrified fence (at least 8 feet in height) to protect adjacent residential property;
(b) The security system is comprised of a low voltage and pulsed security system that, in the event of accidental exposure by residential uses, (e.g., person scaling 8-foot wall toward electrified fencing) would be medically safe; and
(c) A Land Development Permit for the electrified fence in the CG zone is required. The requirement for an LDP is intended to address unforeseeable, site-specific conditions that require modifications to uniform standards or disapproval. Also, revocation of the LDP would be possible if the proposed use proved to be detrimental to the public safety.
• SMC Section 16.48.100(D)(2)(i) - Amendments here add a restriction to the use of electrified fencing in the CG zoning district to the following four use types only:
i. Marinas;
ii. Construction, farm & heavy equipment sales;
iii. Personal storage facilities; and
iv Minor communication facilities.
Staff Analysis: These land uses commonly occur on large parcels and include the storage of high value items in an outdoor setting (e.g., construction equipment, boats, recreational vehicles). The high visibility afforded at these locations when combined with spread-out boundaries to secure makes security challenging. The applicant indicates that traditional security methods (e.g., fence/wall, lighting, cameras) are inadequate. The use of electrified fencing for these select uses in the CG zone would, based on staff’s analysis, enable the use of an additional safe and effective crime deterrent. The applicant provided staff with additional information that supports the use of electrified fencing and is included as Attachment C - Theft Deterrent in the U.S.
Required Findings
SMC Section 16.116.050 provides that findings are required to amend Title 16, Development Code. In summary, the proposed code amendment will be in harmony with and serve the general intent and purpose of the Development Code, because it enhances community safety by deterring crimes at commercial and industrial properties. The fence will not cause injury to adjacent residential properties or the surrounding neighborhood because it is installed completely inside a wall or fence at least 8 feet in height.
Interdepartmental Coordination
The staff recommendation presented herein is inclusive of input received through an interdepartmental coordination effort. Representatives from the Fire Department, Police Department and Building and Life Safety Division all indicate support for the amendment. New code language requested by life/safety personnel include provisions requiring maintenance of warning signs, signage with a 24-hour contact name and phone number on each gate, and de-activation of electrified fencing during business hours when customers are present.
Specific to the question of the amendment’s effect upon law enforcement activities, the Police Department indicates general support since it will enable use of an effective deterrent tool. In an attempt to understand the effectiveness of electrified fencing, the Community Development Department and Police Department evaluated three properties. The before and after conditions of each of these properties is provided in Table 1 below.
Table 1 - Calls for Service/Crime Report Data
|
|
Calls For Service |
|
Location |
Date Electrified Fence Installed |
Calls for Service - Six Months before |
Calls for Service - Six Months after |
|
1801 E Martin Luther King Jr. Boulevard |
August 8, 2018 |
Check On - 2 Vandalism - 1 Petty Theft - 1 |
Disturbance - 1 |
|
|
|
Total 4 |
Total 1 |
|
3745 Petersen Road |
July 3, 2018 |
Embezzlement - 4 Alarm Sounding - 1 Silent Burg Alarm - 3 |
Alarm Sounding - 2 Silent Burg Alarm - 1 |
|
|
|
Total 8 |
Total 3 |
|
4101 S. Airport Way |
December 12, 2017 |
Disturbance - 1 Cell 911 Hand Up - 1 Forgery - 4 Tru Report - 1 |
None |
|
|
|
Total 7 |
Total 0 |
The proposed expanded use of electrified fencing would appear to have the effect of reducing demands upon law enforcement resources through increased deterrence of property trespass, theft, and vandalism.
Environmental Review
The proposed SMC amendments are exempt from the California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). Approval of the required amendments constitutes an administrative action that will not result in direct or indirect physical changes in the environment, and any future projects that would rely on these amendments, will require further case-specific environmental review under CEQA.
Attachment A - Development Code Redline Version
Attachment B - Development Code Interpretation
Attachment C - Theft Deterrent in the U. S.
The staff report was prepared by Senior Planner Jenny Liaw; (209) 937-8316, jenny.liaw@stocktonca.gov.