4B Public Hearings 2016 1219 - Laserfiche WebLink

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File Number: 16-662 the local ordinance, as well as any requirements listed under State law. State law does not supersede the City’s authority to prohibit or regulate electric fences. There are no known existing electric fences within San Leandro. Staff was unable to find any record of a building permit issued for an electric fence. The use of electric fences in urban areas is uncommon and, according to the Alameda County Fire Department, currently no other cities under its jurisdiction allow their use and installation. It is staff’s position that electric fences pose a number of challenges and concerns with regard to their placement, safety and appearance. For example, the Appellant’s proposed building permit was to construct an electric fence around a warehouse and trucking terminal that is immediately adjacent to a property that has a pediatric clinic and social services facility catering to seniors. This creates a high probability that persons in the proximity to the electric fence may be inadvertently exposed to an electrical current, especially during wet or rainy conditions. In short, it is staff’s assertion that installing any type of electric fence near these types of facilities is inappropriate especially when safer, attractive and effective fencing and security alternatives exist. It is staff’s position that there are a number of equally effective and less dangerous alternatives to the use of electric fences that are currently allowed, such as invisible laser tripwire fences and motion sensing cameras. In its review of the appeal, the Alameda County Fire Department informed staff that there are currently no Fire Code or similar code provisions in place requiring emergency access or shut-off devices for properties secured by an electric fence. Without such regulations, the Fire Department would be required to condition each permit on a case-by-case basis. Without such regulations, emergency responders may have delayed access, which could cause life safety and preservation of property issues when responding to land uses and properties with electric fences. There are currently no codified provisions at the local or state level that specifically address emergency access in relation to electric fences. Other types of fencing materials with aesthetic and safety concerns have strict limitations under the Zoning Code. Under Article 16, Section 4-1678 of the Zoning Code, razor and barbed wire fences are only permitted in the CS, IL, and IG zoning districts and are expressly prohibited in all other zoning districts. The code further prohibits them from being located within 300 feet of a public street frontage and from being visible from a public street. Through the development review process, Planning staff actively discourages the use of razor wire, barbed wire, and cyclone/chain link fencing materials, encouraging applicants to instead use more aesthetically pleasing decorative metal fencing that compliments industrial buildings and landscaping. Electric fences have a distinctive appearance, are highly visible, and typically include warning signs placed at regular intervals to alert passersby of their voltage and potential shock, features. Such features are incompatible with the City’s design policies. The Appellant presents a number of points including statements that its particular product has certain features that differentiate it from other types of electric fences. Appellant also presents alternative interpretations of the Zoning Code and State law from that of staff. The appeal before the City Council is to determine whether or not electric fences are a permitted use in the Zoning Code. As the Zoning Code operates under the principles of permissive zoning and electric fences are not identified as a permitted use, both the Zoning Enforcement Official and the Board of Zoning Adjustments have made the determination that electric fences are not permitted. Page 3 City of San Leandro Printed on 12/13/2016