REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning & Development Department
THROUGH: SOPHIA PAGOULATOS, Planning Manager
Planning & Development Department
BY: ADRIENNE ASADOORIAN-GILBERT, Planner
Planning & Development Department
SUBJECT
Title
***BILL-13 - (Intro’d May 23, 2024) (For Adoption) Amending Chapter 15 of the Fresno Municipal Code, Section 15-2009, relating to security fencing. (Subject to Mayor’s Veto).
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. ADOPTION of a finding set forth in Environmental Assessment No. P23-01018, that Text Amendment Application No. P23-01018 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303/Class 3 of the CEQA Guidelines.
2. APPROVE BILL (for adoption) amending Chapter 15 of the Fresno Municipal Code, Section 15-2009, relating to security fencing in order to specifically address the use of razor wire.
EXECUTIVE SUMMARY
As a mechanism to provide additional security measures to businesses within areas where security fencing is permitted throughout the City of Fresno, the City of Fresno (Applicant) is proposing Text Amendment P23-01018 which would amend Section 15-2009, Security Fencing, of the Fresno Municipal Code to permit razor wire in the following situations: (1) where such fencing is required by any law or regulation of the City, the State of California, the federal government, or other public agency; (2) where used to contain livestock; (3) in Commercial Districts where not visible from any street, highway, public open space, recreation area, or Residential District; (4) in Industrial Districts unless it abuts a Residential District; and (5) Construction Sites as a temporary measure. Razor wire is further subject to the following location restrictions: razor wire shall be prohibited within 1,000 feet of any sensitive use such as Residential Districts, public or private schools, daycares, churches, and public parks, except where permitted for the keeping of livestock or as temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code. Prior to installation, property owners are required to apply for a permit with the City and execute an agreement to defend, hold harmless, and indemnify the City against all claims related to the fencing.
BACKGROUND
On December 5, 2019, the City Council approved Resolution No. 2019-248, initiating a Text Amendment to the Development Code of the City of Fresno to amend Section 15-2009 of the Fresno Municipal Code relating to security fencing. This amendment specifically addresses the inclusion of razor wire fencing, due to discrepancies in Section 15-2009 of the Fresno Municipal Code which identify locations where barbed wire security fencing is permitted, but do not address the provision of razor wire fencing. Text Amendment No. P23-01018 proposes to update Section 15-2009 of the Municipal Code to allow razor wire fencing subject to the location requirements as stipulated previously in this document.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines (See Exhibit F).
CEQA Guidelines Section 15303/Class 3 applies to projects pertaining to new construction or conversion of small structures consisting of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Examples of this exemption include, but are not limited to accessory structures including garages, carports, patios, swimming pools, and fences.
Staff has reviewed the project and has determined that it is exempt from CEQA pursuant to CEQA Guidelines Section 15303 under the Class 3 exemption.
This Text Amendment proposes changes to the Development Code and does not commit the City to any specific project or development on any particular site. However, it would allow for an applicant to install razor wire, a specific type of security fencing, as an accessory structure, pursuant to a ministerial permit issued by the City. The permit application process already exists within the Fresno Municipal Code per Section 15-2009 for Security Fencing. Because individual projects under the proposed Text Amendment will be subject to ministerial review, they will be exempt from the requirements of CEQA, as stipulated in CEQA Guidelines Section 15268(a).
Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines, Section 15300.2 apply to this project.
Fresno Municipal Code Findings
Development Code Text Amendment. Section 15-5811 of the Fresno Municipal Code provides that the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed Text Amendment meets Criteria A (1 and 2) of Section 15-5811. Please see Exhibit E for the Fresno Municipal Code Findings.
Public Notice and Comment
A Legal Notice was published in the Fresno Bee on April 5, 2024, pursuant to Fresno Municipal Code Section 15-5007(D) (See Exhibit D). In addition, the notice was posted on the City Clerk’s website and provided to the City’s distribution list for such notices.
Review by Committees and Commissions
The active Council District Plan Implementation Committees and Tower District Design Review Committee all reviewed the proposed text amendment, which applies Citywide. Their recommendations are listed below:
District 1: On September 14, 2023, the Committee recommended denial of the proposed Text Amendment. A summary of the Committee’s comments are as follows: expand the allowable distance between where razor wire is permitted and parks and open space and Residential Districts, the creation of an impact study on where razor wire would be permitted in communities living in poverty and communities of color, and proposal of a study which would analyze alternative solutions to razor wire fencing.
Staff Response to D1 Comments: Of the recommendations which fall under the scope of review of the City of Fresno Planning and Development Department, City staff has provided the following responses:
• The Text Amendment includes a revision to the sensitive use buffer and location restrictions which now prohibits razor wire within 1,000 feet of any sensitive use such as Residential Districts, public or private schools, daycares, churches, and public parks, except where permitted for the keeping of livestock or as temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.
District 2: On April 10, 2023, the Committee recommended approval of the proposed Text Amendment.
District 3: On April 11, 2023, the Committee recommended approval of the proposed Text Amendment with the following conditions: the creation of a task force run by Code Enforcement to focus on identifying properties which have permitted barbed wire, abatement of illegal barbed wire which would include a warning, education on why it is illegal and application of a permit within a time limit, and potential fine if not within compliance.
Staff Response to D3 Comments: The establishment and review of a task force run by Code Enforcement which would monitor illegal barbed wire would fall under the purview of the City Attorney’s Office.
District 4: On April 4th, 2024, the Committee recommended approval of the proposed Text Amendment.
District 5: On September 11th, 2023, the Committee recommended approval of the proposed Text Amendment.
District 6: On April 17th, 2023, the Committee recommended approval of the proposed Text Amendment.
Tower District Design Review Committee: On May 2nd, 2023, the Committee recommended approval of the proposed Text Amendment.
Airport Land Use Commission: City staff consulted with ALUC staff and determined that formal ALUC review was not necessary, due to the limited scope of the Text Amendment.
City of Fresno Planning Commission: On April 17th, 2024, the City of Fresno Planning Commission recommended approval of the proposed Text Amendment by a 7-0 vote. No members of the public spoke in support or opposition.
Fresno City Council: On May 23rd, 2024, Staff presented the Bill for introduction. The City Council approved the proposed Text Amendment with the following modifications: allow cemetery uses and commercial and industrial uses to install razor wire if adjacent to a freeway or railroad (See Exhibit I for revised Draft Ordinance).
LOCAL PREFERENCE
N/A. No procurement associated with this item.
FISCAL IMPACT
N/A. No fiscal impact associated with this item.
CONCLUSION
The appropriateness of the proposed Text Amendment has been examined with respect to its consistency with goals and policies of the Fresno General Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying findings, environmental assessment, and exhibits. Upon consideration of this evaluation, it can be concluded that the proposed Text Amendment is appropriate.
ATTACHMENTS:
Exhibit A - Resolution No. 2019-248
Exhibit B - Planning Commission Resolution No. 13846
Exhibit C - Draft Ordinance (Original)
Exhibit D - Public Notice
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Environmental Assessment
Exhibit G - Map of Potential Razor Wire Locations
Exhibit H - Presentation
Exhibit I - Draft Ordinance (Revised)