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File #: ID17-1261    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/5/2017 In control: Planning Commission
On agenda: 9/20/2017 Final action:
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).
Attachments: 1. Exhibit A – Proposed Text Amendment TA-17-007, 2. Exhibit B - Council Resolution 2017-909 and original text amendment proposal, 3. Exhibit C - Finding of No Possibility of Significant Adverse Effect as prepared for Environmental Assessment No. TA-17-007 dated July 26, 2017
Related files: ID17-1265
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...

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