REPORT TO THE PLANNING COMMISSION June 15, 2022 FROM: JENNIFER K. CLARK, AICP, Director Planning and Development Department THROUGH: SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY: DREW WILSON, Supervising Planner Planning and Development Department SUBJECT: ..Title Consideration of Text Amendment Application No. P21-05809 and related Environmental Finding for Environmental Assessment No. P21-05809, amending Section 15-2010 of the Fresno Municipal Code, relating to the Zone Districts where Electrified Fences are permitted. 1. RECOMMEND DENIAL OR ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. RECOMMEND DENIAL, APPROVAL, OR APPROVAL WITH CONDITIONS (to the City Council) of Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. RECOMMENDATION Staff has no recommendation for the Planning Commission related to the proposed text amendment and related environmental findings, however a consistency analysis was prepared for the Planning Commission's use in making its recommendation. Upon consideration of the information provided in this staff report, staff presents the Planning Commission with three options for consideration and action within the Conclusion section of this report. ..Body EXECUTIVE SUMMARY Precision Civil Engineering, Inc. submitted a proposed Text Amendment on behalf of Amarok, LLC (formerly known as Electric Guard Dog) to amend Section 15-2010 of the Fresno Municipal Code, relating to the Zone Districts where Electrified Fences are permitted. BACKGROUND Two prior text amendments on this topic have been considered by the Planning Commission and City Council. A Text Amendment Application was initiated by City Council on June 22, 2017 (see Exhibit A) to reduce the requirements and risk for property and business owners to have a security or electric fences installed. The changes allowed 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. The amendment was necessary because previously the Development only allowed for agreements to be made between the City and the property owner. In 2018, staff initiated a text amendment to the Development Code to clarify the locations electric fences were permitted as part of a group of minor changes to the Development Code in order to improve functionality, clarity, and internal consistency. Precision Civil Engineering, Inc. submitted a proposed Text Amendment (see Exhibit B) on behalf of Amarok, LLC (formerly known as Electric Guard Dog) to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the zone districts where electrified fences are permitted. The submitted Text Amendment proposes to expand the zone districts where electric fences are permitted from just Industrial and Commercial Districts to all Mixed-Use Districts, all Commercial Districts, all Employment Districts, the Public and Institutional District, and all Downtown Districts with the exception of the Downtown Core. Maps of current and proposed area that the text amendment would affect can be found in Exhibit C. Development Code Findings The Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed amendment meets the following criteria, as set forth in Fresno Municipal Code section 15-5811 (See Exhibit D): 1. The text amendment is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan, and any applicable operative plans; and Response: The purpose of the proposed text amendment is to expand the zone districts where electric fences are permitted. Text Amendment Application No. P21-05809 has been examined with respect to its consistency with the Fresno General Plan and applicable operative plans and it was concluded that Text Amendment Application No. P21-05185 is not consistent with said plans because it would compromise the safe walkability, diminish the overall image, connectivity and design of current and future complete neighborhoods, commercial areas, and public space that could be better protected through Crime Prevention Through Environmental Design. The Fresno General Plan has several Goals, Objectives, and Policies that conflict with the proposed text amendment. Specifically, the proposed text amendment is inconsistent with two General Plan Goals, six Objectives, and thirteen Policies listed below: Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Goal 15: Improve Fresno's visual image and enhance its form and function through urban design strategies and effective maintenance. Objective UF-14: Create an urban form that facilitates multi-modal connectivity. Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. Objective LU-3: Support the successful fulfillment of plans when adopted for the Downtown Planning Area. Objective D-4: Preserve and strengthen Fresno's overall image through design review and create a safe, walkable, and attractive urban environment for the current and future generations of residents. Objective MT-1: Create and maintain a transportation system that is safe, efficient, provides access in an equitable manner, and optimizes travel by all modes. Objective HC-2: Create complete, well-structured, and healthy neighborhoods and transportation systems. Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. Policy UF-12-a: BRT Corridors. Design land uses and integrate development site plans along BRT corridors, with transit-oriented development that supports transit ridership and convenient pedestrian access to bus stops and BRT station stops. Policy UF-12-c: Local-Serving Neighborhood Centers. Design Neighborhood Centers for local services and amenities that build upon the character and identity of surrounding neighborhoods and communities. Policy UF-12-f: Mixed-Use in Activity Centers. Adopt a new Development Code which includes use regulations and standards to allow for mixed-uses and shared parking facilities. Policy UF-14-a: Design Guidelines for Walkability. Develop and use design guidelines and standards for a walkable and pedestrian-scaled environment with a network of streets and connections for pedestrians and bicyclists, as well as transit and autos. Policy LU-3-c: Zoning for High Density on Major BRT Corridors. Encourage adoption of supportive zoning regulations for compact development along BRT corridors leading to the Downtown Core that will not diminish the long-term growth and development potential for Downtown. Policy LU-6-a: Design of Commercial Development. Foster high quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations, and design review procedures. Policy LU-6-b: Commercial Development Guidelines. Consider adopting commercial development guidelines to assure high quality design and site planning for large commercial developments, consistent with the Urban Form policies of this Plan. Policy LU-6-d: Neighborhood and Community Commercial Center Design. Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan, promote the stability and identity of neighborhoods and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system. Policy D-4-f: Design Compatibility with Residential Uses. Strive to ensure that all new non-residential land uses are developed and maintained in a manner complementary to and compatible with adjacent residential land uses, to minimize interface problems with the surrounding environment and to be compatible with public facilities and services. Policy MT-1-e: Ensure Interconnectivity Across Land Uses. Update development standards and design guidelines applicable to public and private property to achieve Activity Centers, neighborhoods and communities which are well connected by pedestrian, bicycle, appropriate public transportation, and automobile travel facilities. Policy MT-6-a: Link Residences to Destinations. Design a pedestrian and bicycle path network that links residential areas with Activity Centers, such as parks and recreational facilities, educational institutions, employment centers, cultural sites, and other focal points of the city environment. Policy HC-2-c: Prevent Crime through Design. Incorporate Crime Prevention Through Environmental Design (CPTED) principles and best practices into project review procedures for new development and major renovations. 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. Response: The purpose of the proposed text amendment is to expand the zone districts where electric fences are permitted. The proposed modifications are not consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and promote and protect the public health, safety, peace comfort and general welfare. The modification to permit electric fences in additional zone districts seeks to promote and protect the safety and general welfare of private businesses at the expense of the health and safety of the general public. The allowance of electrified fencing in zone districts that allow residential use or could be located adjacent to residential zone districts is inconsistent with the promotion of orderly growth in a sustainable manner, and the protection of the public health and safety. As such, the proposed text amendment is inconsistent with the purpose of the Mixed-Use Districts, Employment Districts, the Public and Institutional District, and the Downtown Districts Development Code purpose. The purpose of each of these zoning classifications is listed below: Mixed-Use Districts Purposes: A. Promote pedestrian-oriented infill development, intensification, and reuse of land consistent with the General Plan. B. Allow and encourage the development of mixed-use centers and corridors with a vibrant concentration of goods and services, multi-family housing, and community gathering and public spaces at strategic locations. C. Transform certain auto-oriented boulevards and corridors into vibrant, diverse, and attractive corridors that support a mix of pedestrian-oriented retail, office, and residential uses in order to achieve an active social environment within a revitalized streetscape. F. Improve access to a greater range of facilities and services for surrounding residential neighborhoods. G. Establish development and design standards for these centers and corridors that will create a unified, distinctive, and attractive urban character, with appropriate transitions to adjacent residential neighborhoods. Additional purposes of each Mixed-Use District are as follows: NMX Neighborhood Mixed-Use. The NMX district is intended to provide for mixed-use residential districts that include local-serving, pedestrian-oriented commercial development, such as smaller independent retail shops and professional offices in two- to three-story buildings. Development is expected to include ground-floor neighborhood retail uses and upper-level housing or offices, with a mix of small lot single-family houses, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed-use orientation. The NMX district provides for a scale and character of development that is pedestrian-orientated, designed to attract and promote a walk-in clientele, with small lots and frequent pedestrian connections permitting convenient access from residences to commercial space. CMX Corridor/Center Mixed-Use. The CMX district is intended to allow for either horizontal or vertical mixed-use development along key circulation corridors in the city where height and density can be easily accommodated. Ground-floor retail and upper-floor residential or offices are the primary uses, with residential uses, personal and business services, and public and institutional space as supportive uses. Development will facilitate the transformation of existing transportation corridors into vibrant, highly walkable areas with broad, pedestrian-friendly sidewalks, trees, landscaping, and local-serving uses with new buildings that step down in relationship to the scale and character of adjacent neighborhoods. RMX Regional Mixed-Use. The RMX district is intended to support regional retail and mixed-use development in large-scale activity centers outside of Downtown, as identified by the General Plan. It accommodates urban-scale mixed-use development that serve residents and businesses of the region at large. Medium-scale retail, housing, office, civic and entertainment uses, and shopping malls with large-format or "big-box" retail are allowed, as are supporting uses such as gas stations, hotels, and residential in mixed-use or single-use buildings. Development and design standards will create a pedestrian orientation within centers and along major corridors, with parking located on the side or rear of, or within, major structures. Employment Districts Purposes: B. Provide for the appropriate location of businesses that may have the potential to generate off-site impacts, while providing to ensure compatibility in use and form with existing and planned land uses. C. Provide appropriate buffers between employment centers and residential uses. Additional purposes of each Employment District are as follows: O Office. The O district is intended to provide sites for administrative, financial, business, professional, medical, and public offices, as identified by the General Plan. Retail uses would be limited to business services and food services and convenience goods for those who work in the area. This district is intended for locations where the noise or traffic generated by retail sales, restaurants, and service commercial may be incompatible with surrounding residential neighborhoods. BP Business Park. The BP district is intended to provide a campus-type office professional environment that is well suited for large offices or multi-tenant buildings on sites identified by the General Plan. This district is intended to accommodate and allow for the expansion of small businesses with limited outdoor storage screened with landscaping proximate to residential uses. Typical land uses include research and development, laboratories, administrative and general offices, medical offices and clinics, and professional offices. Small-scale retail and service uses serving local employees and visitors are permitted as secondary uses. RBP Regional Business Park. The RBP district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses with limited and properly screened outdoor storage. Permitted uses include incubator-research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities, on sites identified by the General Plan. Small-scale retail and service uses serving local employees and visitors are permitted as secondary uses. Public and Semi-Public Districts Purposes: A. Provide areas for a wide range of public facilities, including parks and open space, educational facilities, cultural and institutional uses, health services, municipal offices, general government operations, utility, and public service needs, and other public or quasi-public facilities. B. Ensure that the development and operation of public and semi-public uses protects and enhances the character and quality of life of surrounding residential areas. C. Ensure the provision of services and facilities needed to serve residents, businesses, and visitors and maintain a high quality of life standard. Additional purpose of the Public and Institutional District are as follows: PI Public and Institutional. The PI district is for public or quasi-public facilities, including City facilities, utilities, schools, health services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted. Downtown Districts Purposes: 1. Ensure that buildings, renovations, and additions are consistent with the goals of the Downtown Neighborhoods Community Plan (DCNP) and the Fulton Corridor Specific Plan (FCSP) for pedestrian-oriented streetscapes, building form, physical character, and quality. 2. Promote pedestrian-oriented infill development, intensification, and reuse of land consistent with the General Plan. 3. Develop a mixed-use Downtown with a vibrant concentration of goods and services, housing, community gathering spaces, and regionally serving employment, cultural, and entertainment offerings. 4. Transform Downtown's streets into vibrant, diverse, and attractive places that support a mix of pedestrian-oriented retail, office, and residential uses in order to achieve an active social environment within a revitalized streetscape. 8. Establish Downtown development and design standards that will create a unified, yet distinctive, and attractive urban character that respects Fresno's past and serves the city for the long term. Additional purposes of each Downtown District are as follows: 1. DTN Downtown Neighborhood. The DTN District will create lively, walkable, mixed-use urban neighborhoods surrounding the Downtown Core. 2. DTG Downtown General. The DTG District will support a high concentration of regional activity generators such as governmental buildings and convention centers within a pedestrian-oriented, mixed-use urban setting. Public Notice and Comment Notice was provided by the following methods pursuant to Fresno Municipal Code (FMC) Sections 15-5007-C and D (See Exhibit E): 1. A legal notice was published in the Fresno Bee on May 20, 2022. 2. The proposed amendments were posted on the city's website on the City Clerk's page. To date, no public comments have been received on the applications. The applicant has proposed a revision to the text amendment, which is included in Exhibit G. Review by Committees and Commissions The active Council District Plan Implementation Committees, the Tower District Design Review and the Fulton-Lowell Specific Plan Committees all reviewed the proposed text amendment, which applies city-wide. Their recommendations are listed below. District 1: On February 1, 2022, the Committee recommended staff meet with the applicant to discuss potential modification to the Text Amendment. District 2: On March 14, 2022, the Committee recommended approval of the proposed application. District 3: On February 22, 2022, the Committee recommended denial of the proposed application. District 4: The Committee is currently inactive. District 5: On March 7, 2022, the Committee recommended approval of the proposed application. District 6: On February 7, 2022, the Committee recommended approval of the proposed application. District 7: The Committee is currently inactive. Fulton-Lowell Design Review: On February 14, 2022, the Committee recommended approval of the proposed application. Tower District Design Review Committee: On February 8, 2022, the Committee recommended approval of the proposed application. The proposed text amendment was provided to the Airport Land Use Commission staff to determine if the proposed amendment required the Airport Land Use Commission's review, but it was determined that review was not necessary. 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 15061(b)(3) states that a project is exempt from CEQA if it is "covered by the commonsense exemption that 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." Staff has conducted a preliminary review of the project and has determined that it is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3) under the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Text Amendment changes the zoning code and modifies an existing, established framework for future land use planning and approvals and does not commit the City to any specific project or development on any particular site. The regulations of the proposed Text Amendment will not intensify the use of any establishment. The application process already exists within the Fresno Municipal Code and the proposed Text Amendment expands the Zone Districts where electrified fences can be installed. As such, the proposed Text Amendment will not intensify any existing uses. All individual projects under the proposed Text Amendment will be subject to discretionary review. Each individual application will be evaluated pursuant to the requirements of CEQA, and the appropriate level of environmental review will be completed when the scope and impacts of each individual entitlement are known. Because the text amendment proposes to expand the zone districts where electric fences are permitted, it can be seen with certainty that there is no possibility that the adoption of the Text Amendment may have a significant effect on the environment. Therefore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3); the Environmental Assessment is attached as Exhibit F. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT N/A CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals, objectives and policies of the Fresno General Plan and compliance with the provisions of the FMC; its potential for 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, staff presents the Planning Commission with the following options for consideration and action: Option 1: 1. Recommend denial to the Fresno City Council by making the following motion: a. RECOMMEND DENIAL (to the City Council), of a finding set forth in Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). b. RECOMMEND DENIAL (to the City Council) of Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. * The Commission may make this recommendation subject to the findings included as Exhibit D to the staff report; or adopt its own alternative findings pursuant to Section 15-5811 of the Fresno Municipal Code. Option 2: 2. Recommend approval to the Fresno City Council by making the following motion: a. RECOMMEND ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). b. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. * The Commission may make this recommendation subject to adopting its own findings pursuant to Section 15-5811 of the Fresno Municipal Code. Option 3: 3. Recommend approval to the Fresno City Council with conditions by making the following motion a. RECOMMEND ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). b. RECOMMEND APPROVAL WITH CONDITIONS (to the City Council) of Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted subject to conditions. * The Commission will need to include any recommended conditions within its motion. The Commission may make this recommendation subject to adopting its own findings pursuant to Section 15-5811 of the Fresno Municipal Code. Attachments: Exhibit A: Council Resolution 2017-174 Exhibit B: Text Amendment Application No. P21-05809 Exhibit C: Maps of Current and Proposed Land Use Districts Allowing Electric Fences Exhibit D: Fresno Municipal Code Findings Exhibit E: Public Notice Exhibit F: Environmental Assessment Exhibit G: Applicant Proposed Revision Exhibit H: Presentation