REPORT TO THE PLANNING COMMISSION
September 20, 2017
FROM: DAN ZACK, Assistant Director
Development and Resource Management Department
BY: DREW WILSON, Planner III
Development and Resource Management Department
SUBJECT:
Title
Consider Text Amendment Application No. TA-17-007, initiated by City Council Resolution on June 22, 2017. The purpose of this text amendment is to allow for an agreement to be established between the City and the owner of a security or electric fence that defends, hold harmless, and indemnifies the City related to the fencing.
1. RECOMMEND APPROVAL (to the City Council) of the environmental finding approving a Finding of No Possibility pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines.
2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. TA-17-007 amending Subsection F of Section 15-2009, and Subsection I of Section 15-2010 of the Fresno Municipal Code (FMC).
Body
EXECUTIVE SUMMARY
Text Amendment Application No. TA-17-006 was initiated by City Council Resolution 2017-909 on June 22, 2017. The FMC currently requires property owners to execute an indemnification agreement with the City prior to installation of a security or electric fence. The purpose of this text amendment is allow the owner of the fence to execute these agreements.
BACKGROUND
Existing Development Code
FMC currently requires that prior to the installation of security or electric fences, the property owner must obtain a permit and execute a covenant to indemnify the City against all claims relating to the fencing.
Proposed Development Code Changes
As mentioned above, the Fresno City Council, by resolution 2017-909 moved to initiate changes to Section 15-2009-F and 15-2010-I of the FMC. The City Council resolution initiated a change to allow the security and electric fence owners to execute an indemnity agreement with the City for all fence-related claims. This is intended to alleviate the property owners of legal responsibility and allow the fence owners to assume the risk. The primary owners of the security and electric fences tend to be fence companies and not the property owners. The text amendment would remove an unnecessary legal barrier to installation of such fences
Text Amendment No. TA-17-006 proposes to add the following changes to Section 15-2009-F and 15-2010-I:
SECTION 15-2009. SECURITY FENCING.
F. City Indemnification. Prior to the installation of security fencing, the [fence] owner shall obtain a permit and execute a[n agreement] [covenant], with any required subordinations prepared by the City, to defend, hold harmless, and indemnify the City against all claims related to the fencing.
SECTION 15-2010. ELECTRIC FENCES.
I. City Indemnification. Prior to the installation of security fencing, the [fence] owner shall obtain a permit and execute a[n agreement] [covenant], with any required subordinations prepared by the City, to defend, hold harmless, and indemnify the City against all claims related to the fencing.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
The State Guidelines for the implementation of the California Environmental Quality Act provide for the exemption of projects which will have no potential for causing a significant effect on the environment. More specifically, Section 15061(b)(3) of the CEQA Guidelines states: “…CEQA applies only to projects which have the potential for causing a significant effect on 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.”
The City of Fresno has determined that a Finding of No Possibility that the project will have impacts on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines is appropriate for the proposed text amendment. Given that the proposed text amendment will only modify the indemnification requirements of security fence installation, the revisions will not result in a change to the physical environment. Individual establishments that install a new Security or Electric Fence are subject to CEQA review at the time of application submittal.
FRESNO MUNICIPAL CODE FINDINGS
Pursuant to the Fresno Municipal Code (FMC), the Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria:
Development Code Text Amendment findings:
1. The text amendment is consistent with the General Plan and any applicable operative plans;
The proposed project is consistent with the Fresno General Plan as it promotes efficient and effective development applications that are in line with the business practices of security and electric fence industry.
2. The amendment is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare.
The proposed text amendment promotes growth of the city in an orderly and sustainable manner by alleviating the property owners of legal responsibility and allowing the fence owners to assume the risk through the execution of an indemnity agreement with the City for all fence-related claims, which will reduce barriers to potential security and electric installation and will help promote and protect the public health, safety, peace, comfort, and general welfare of citizens of the City of Fresno.
Public Notice and Comment
Notice of Planning Commission Hearing
Pursuant to the requirements of FMC section 15-5806 (and 15-5007-D), notice of this public hearing was published in the Fresno Bee on September 8, 2017, which is at least 10 days prior to the public hearing. Section 15-5007-D allows the posting of a public hearing notice, in at least one newspaper of general circulation, as an alternative noticing method for large mailings. Notice was provided by this method pursuant to FMC (See Exhibit C):
Airport Land Use Commission
The Fresno County Airport Land Use Commission (ALUC) will review the proposed text amendment on October 2, 2017.
Council District Advisory Committees
The text amendment does not fall within the purview of the committees as it does not propose any physical development or allow for any forms of additional development that would warrant consideration by the Council District Plan Implementation and Design Review committees.
To date, no public comments have been received on the applications.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and other applicable operative plans. These factors have been evaluated as described above. Upon consideration of this evaluation, it can be concluded that Text Amendment Application No. TA-17-06 is appropriate. Action by the Planning Commission will be a recommendation to City Council.
Attachments:
Exhibit A - Proposed Text Amendment TA-17-007
Exhibit B - Council Resolution 2017-909 and original text amendment proposal
Exhibit C - Finding of No Possibility of Significant Adverse Effect as prepared for Environmental Assessment No. TA-17-007 dated September 14, 2017