BILL NO.
ORDINANCE NO. -----
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING CHAPTER 15 SECTION 15-2010, TABLE 15 -
1102, AND TABLE 15-1402 OF THE FRESNO MUNICIPAL
CODE, AMENDING REGULATIONS RELATED TO
ELECTRIC FENCES
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15-2010 of the Fresno Municipal Code is modified as follows:
SEC. 15-2010. ELECTRI[FIED]C FENCES.
Electrified fences shall comply with the following regulations . [The requirements contained in Section 15-2009 do not apply to Electrified Fencing allowed pursuant to this Section.]
A. Permitted Locations.
1. In non -residential zones , in which Security Fencing is permitted. [including all Commercial Districts, all Employment Districts, all Downtown Districts with the exception of the Downtown Core (DTC), and specified Use Classifications under Mixed-Use Districts and Public and Semi-Public Districts.
2. Electri[fied] fences shall not encroach into the public right-of-way.
3. [When the subject property has a Mixed -Use or Downtown zoning designation and abuts vacant or existing residential uses within a Residential, Mixed -Use, or Downtown district, such properties are subject to additional requirements as outlined in Section 15-2010.K below.]
4. [When the subject property has a Mixed -Use or Public and Semi-Public zoning designation, only certain uses shall be permitted to have electrified fences as identified in Table 15-1102 (Mixed-Use) and 15-1402 (Public and Semi-Public)].
5. [When the subject property has a Mixed-Use zoning designation and contains legal non-conforming uses pursuant to Section 15 -404, such uses shall be permitted to have electrified fences if such use is permitted in an Employment District.]
B. Compliance with State and Federal Regulations.
1. Electri[fied]c fencing shall comply with the California Civil Code Section 835 and the California Building Code, as amended from time to time.
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2. Only allowed to be installed with a permit issued under the requirements of applicable building and electrical codes, and only allowed to be activated after an approved final inspection of the installation.
3. Fire access, warning signs, electrical connections, etc., shall comply with the Building Code and Fire regulations.
C. Electricity.
1. Shall conform to the California Civil Code Section 835 and shall only be powered by a commercial storage battery not to exceed 12 volts of direct current (DC) or another approved 12 volt DC or lower voltage-power source.
2. The electric charge produced b y the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
3. Non-low voltage electrical components (e.g. contro llers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing laboratory (NRTL).
D. Perimeter Fence or Wall . No electric fence shall be installed or used unl ess it is completely surrounded by a nonelectrical fence or wall that is a minimum six [five] feet in height. Should a non -electrical fence not exist, one shall be installed prior to the electric fence being operational. [When abutting an existing resident ial use, the protective barrier shall consist of a solid material (i.e. wooden fence, block wall, an approved mesh material, or equivalent material)].
E. Setbacks. Non-electrical fencing behind which electric fencing is installed shall comply with setbacks of the underlying zone district unless the non -electrical fence is legally non-conforming.
F. Height. Shall have a maximum height of ten feet regardless of location on the property.
G. Warning Signs. Shall be clearly identified with warning signs that read: "Warning - Electric Fence" at intervals of not less than 30 feet.
H. Permit. Property owner(s) shall apply for a permit with the City prior to installation.
I. City Indemnification. Prior to the installation of electric fencing, the fence owner shall obtain a permit and execute an agreement to defend, hold harmless, and indemnify the City against all claims related to the fencing.
J. Emergency Access.
1. An electrical disconnect device secured wit h a Police/Fire X -1 keyway or other approved means for emergency access by Police and Fire Departments shall be provided at a location approved by the Fire Department.
2. The disconnect device shall include an LED pilot light to indicate the status of power to the electric fence.
3. The emergency access disconnect device shall be located outside the primary drive gate entrance of the property and shall not be obscured in any manner from the street/private driveway access. The details and location of the disco nnect device shall be shown on the site plan.
4. Approved signs stating the identification of such switches/controls in addition to informational instructions as to how to disable the electrical system shall be installed to the satisfaction of the Fire Marshal.
5. In the event that access by the City of Fresno Fire Department and/or Police Department is required due to an emergency or urgent circumstances and the emergency access disconnect device is absent or non -functional and no authorized property personnel is present to disable the electric fence. City of Fresno Fire or Police personnel shall be authorized to disable the electric fence in order to gain access to the property. All applicants issued building permits to install or use an electric fence as provided in this chapter a gree to waive any and all claims for damages to the electric fence against the City of Fresno and/or its personnel under such circumstances.
[K. Additional Requirements Pertaining to Certain Property
1. When the subject property has a Mixed -Use or Downtown zoning designation and abuts vacant or existing residential uses within a Residential, Mixed -Use or Downtown district, the following special permit provisions apply.
a. Requests for Electrified Fences shall be processed as a Development Permit in accordance with Chapter 15, Article 52 of the Fresno Municipal Code. b. Within 3 days of the Director’s decision, a notice shall be sent from the Director or designee via e -mail to the Councilmember whose district th e approved electrified fence is located.]
SECTION 2. Table 15-1102 of the Fresno Municipal Code is amended to read:
TABLE 15-1102: USE REGULATIONS—MIXED-USE DISTRICTS
Use Classifications NMX CMX RMX Additional Regulations Residential Use Classifications
Residential Housing Types
Single-Unit Dwelling,
Attached
P(1) P(1) P(1) § 15-2754, Second Dwelling
Units, Backyard Cottages, and
Accessory Living Quarters
Multi-Unit Residential P(1) P(1) P(1)
Adult Family Day Care
Small (6 clients or less) P(1) P(1) -
Large (7 to 12 clients) P(1) - -
Caretaker Residence P(1) P(1) P(1)
Domestic Violence Shelter
Small (6 persons or less) P(1) P(1) P(1)
Large (7 persons or more) P(1) P(1) P(1)
Elderly and Long-Term Care P(1) P(1) P(1)
Family Day Care
Small (8 or fewer children) P(1) P(1) P(1) § 15-2725, Day Care Centers and Family Child Care Homes
Large (9 to 14 children) P(1) P(1) P(1)
Group Residential
Small (6 persons or less) P(1) P(1) P(1)
Large (7 persons or more) P(1) P(1) P(1)
Lodging-to-Dwelling
Conversion
C C C § 15-2737.5 Lodging-to-
Dwelling Conversion
Requirements
Residential Care Facilities
Residential Care, Limited P(1) P(1) P(1)
Residential Care, Senior P(1) P(1) P(1)
Single Room Occupancy C C C
Public and Semi-Public Use Classifications
Colleges and Trade Schools,
Public or Private
C C C (3)
Community and Religious
Assembly (less than 2,000
square feet)
P P P § 15-2719, Community and
Religious Assembly Facilities
Community and Religious
Assembly (2,000 square feet or
more)
P P P
Community Garden P P P § 15-2720, Community
Gardens/Urban Farms
Conference/Convention Facility C C C
Cultural Institutions P P P
Day Care Centers P P P § 15-2725, Day Care Centers
and Family Child Care Homes
Emergency Shelter - - P § 15-2729, Emergency Shelters Government Offices P(1) P(1) P(1)
Hospitals and Clinics
Hospital - C(11) C(11)
Clinic P P P
Substance Abuse Treatment
Clinic
C(14) C(14) C(14)
Instructional Services P P P
Park and Recreation Facilities,
Public
P P P
Parking, Public or Private - C(6)
[(20)]
C(6)
[(20)]
Public Safety Facilities C[(20)] C[(20)] C[(20)]
Schools, Public or Private P P P
Social Service Facilities P(1) P(1) P(1)
Commercial Use Classifications
Animal Care, Sales and
Services
Grooming and Pet Stores P P P
Veterinary Services - C(7) C(7)
Artist's Studio P P P
Automobile/Vehicle Sales and
Services
Automobile/Vehicle Sales
and Leasing
C(18)
[(20)]
C(13)
[(20)]
C(13)
[(20)]
§ 15-2709, Automobile and
Motorcycle Retail Sales and
Leasing
Automobile Rentals C(12)(19)
[(20)]
C(12)
[(20)]
C(12)
[(20)]
Automobile/Vehicle Repair,
Major
C(12)(19)
[(20)]
C(12)
[(20)]
C(12)
[(20)]
Automobile/Vehicle Service
and Repair, Minor
C(12)(19)
[(20)]
C(12)
[(20)]
C(12)
[(20)]
Automobile Washing C(12)(19) C(12) C(12)
Service Station C C C § 15-2755, Service Stations
Banks and Financial Institutions
Banks and Credit Unions P P P
Check Cashing Businesses
and Payday Lenders
- - - § 15-2715, Check Cashing
Businesses, Payday Lenders,
and Similar Financial Services
Banquet Hall C C C § 15-2712, Banquet Hall
Business Services P P P
Eating and Drinking
Establishments
Bars/Nightclubs/Lounges C C C § 15-2743, Outdoor Cooking for Commercial Purposes; § 15-
2744, Outdoor Dining and Patio
Areas; § 15-2751, Restaurants
with Alcohol Sales, Bars,
Nightclubs, and Lounges
Restaurant with Alcohol
Sales
C C C
Restaurant without Alcohol
Sales
P P P
Entertainment and Recreation
Cinema/Theaters P P P
Cyber/Internet Cafe C C C § 15-2724, Cyber/Internet Cafes
Small-Scale P P P § 15-2708, Arcades, Video
Games, and Family
Entertainment Centers, § 9-
1801, Billiard Rooms
Food and Beverage Sales
Farmer's Markets P P P § 15-2730, Farmer's Markets
General Market P P P § 15-2744, Outdoor Dining and
Patio Areas;
§ 15-2745, Outdoor Retail
Sales
Healthy Food Grocer P P P
Liquor Stores C(12) C(12) C(12) § 15-2707, Alcohol Sales; § 15- 2745, Outdoor Retail Sales
Food Preparation P(1) P(1) P(1)
Funeral Parlors and Internment
Services
P(1) P(1) P(1) § 15-2714, Body Preparation
and Funeral Services
Live/Work P P P
Lodging
Bed and Breakfast P P P
Hotels and Motels P(8) P(8) P
Maintenance and Repair
Services
P P P
Offices
Business and Professional P P P
Medical and Dental P P P
Walk-in Clientele P P P
Personal Services
General Personal Services P(5) P P
Tattoo or Body Modification
Parlor
P(5)(12) P(12) P(12) § 15-2758, Tattoo or Body
Modification Parlor
Retail Sales
Building Materials and
Services
- - C[(20)] § 15-2745, Outdoor Retail
Sales
Convenience Retail P P P § 15-2745, Outdoor Retail
Sales; 15-2761 Tobacco and
Vapor Shops
General Retail P P P § 15-2733, Hobby Stores; § 15- 2745, Outdoor Retail Sales
Large-Format Retail P P P § 15-2737, Large-Format
Retail; § 15-2745, Outdoor
Retail Sales
Nurseries and Garden
Centers
P P P § 15-2745, Outdoor Retail
Sales
Second Hand/Thrift Stores P P P
Swap Meet/Flea Market C C C § 15-2730, Flea Markets Industrial Use Classifications
Custom Manufacturing P(12)(19)
[(20)]
P(12)
[(20)]
P(12)
[(20)]
Limited Industrial C(13)(18)
(19)
[(20)]
C(13)
[(20)]
C(13)
[(20)]
Recycling Facility
Reverse Vending Machine P P P § 15-2750, Recycling Facilities Warehousing, Storage, and
Distribution
Personal Storage C[(20)] C[(20)] C[(20)] § 15-2747, Personal (Mini) Storage
Transportation, Communication, and Utilities Use Classifications Airports and Heliports - - C(10)
[(20)]
Communication Facilities
Antenna and Transmission
Towers
See Section 15-2759, Telecommunications and Wireless
Facilities [(20)]
Transportation Passenger
Terminals
- - C
Utilities, Minor P[(20)] P[(20)] P[(20)]
Agricultural and Extractive Use Classifications
Produce Stand P P P § 15-2752, Roadside Fruit
Stands/Grower Stands
Tasting Room C C C
Urban Farm P - - § 15-2719, Community
Gardens/Urban Farms
Other Applicable Types
Accessory Uses and Structures § 15-2703, Accessory Uses Home Gardens § 15-2734, Home Gardens and Edible Landscaping Home Occupations § 15-2735, Home Occupations
Animal Keeping § 15-2707, Animal Keeping
Drive-In and Drive-Through
Facilities
C(15) C(15) C(15) § 15-2728, Drive-In and Drive-
Through Facilities
Walk-Up Facilities § 15-2766, Walk-Up Facilities
Non-Conforming Use Article 4, Non-Conforming Uses, Structures, Site Features, and Lots
Temporary Use § 15-2760, Temporary Uses
Transitional and Supportive
Housing
§ 15-2762, Transitional and Supportive Housing
Specific Limitations:
1. Not allowed on the ground floor of portions of the site which abut a major street, but allowed in the interior of all sites. Projects with frontage on more than one major street may be excepted from this restriction on one of the major streets at the discretion of the Review Authority.
2. Reserved.
3. Not to include industrial training such as welding or automotive repair involving the use of tools and materials appropriate to an industrial use area.
4. Must be located along a major street.
5. Limited to establishments with a gross floor area of 5,000 square feet or less.
6. Shall be below grade or in structures faced with active uses along the street.
7. Provided that such use shall be completely enclosed in a building of soundproof construction.
8. Limited to upper stories unless at least 50 percent of ground floor street frontage is occupied by food service use.
9. Reserved.
10. Limited to heliports used as accessory to a hospital.
11. Building heights for hospitals shall not exceed 150 ft. There is no maximum Floor Area Ratio for hospitals.
12. Not allowed within 500 feet of an existing or planned Bus Rapid Transit stop.
13. Must take place entirely within a building.
14. Must include an indoor waiting area.
15. Not allowed within 100 feet of a planned or existing Bus Rapid Transit station and not allowed between a building and a sidewalk.
16. Reserved.
17. Reserved.
18. Permitted only after review and approval of a Conditional Use permit, and only in the following areas: a) NMX-zoned parcels which are located south of State Route 180 and east of State Route 41 and which are not within 500 feet of a Bus Rapid Transit route; or b) NMX-zoned parcels which are located north of State Route 180 and west of the Union Pacific Railroad.
19. Prohibited in the following areas: Parcels which are located south of State Route 180 and west of the Union Pacific Railroad.
[20. Electrified fences are permitted pursuant to FMC Section 15-2010. When the subject property has a Mixed-Use zoning designation and abuts vacant or existing residential uses within a Residential, Mixed-Use, or Downtown District, additional requirements are applicable as outlined in Section K of FMC Section 15-2010.]
SECTION 3. Table 15-1402 of the Fresno Municipal Code is amended to read:
TABLE 15-1402: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classifications OS PR PI Additional Regulations Residential Use Classifications
Multi-Unit Residential - - P(8)
Public and Semi-Public Use Classifications
Cemetery P[(9)] - P[(9)]
Colleges and Trade Schools,
Public or Private
- - P
Community and Religious
Assembly (less than 2,000 square
feet)
C(1) P(1) P § 15-2719, Community and
Religious Assembly Facilities
Community and Religious
Assembly (2,000 square feet or
more)
- P(1) P
Community Garden P P P § 15-2720, Community
Gardens/Urban Farms
Conference/Convention Facility - - P
Cultural Institutions - P P
Day Care Centers - - P § 15-2725, Day Care Centers and Family Child Care Homes
Emergency Shelter - - P § 15-2729, Emergency Shelters Government Offices - - P
Hospitals and Clinics
Hospital - - P(5)
Clinic - - P
Substance Abuse Treatment
Clinic
- - C(6)
Instructional Services - - P
Park and Recreation Facilities,
Public
P[(9)] P[(9)] P[(9)]
Parking, Public or Private C[(9)] C[(9)] C[(9)]
Public Safety Facilities C[(9)] C[(9)] P[(9)]
Schools, Public or Private - - P
Social Service Facilities - - P
Commercial Use Classifications
Animal Care, Sales and Services
Kennels - - C(2)
Eating and Drinking
Establishments
Restaurant with Alcohol Sales - - C(3) § 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs,
and Lounges; § 15-2744, Outdoor
Dining and Patio Areas
Restaurant without Alcohol
Sales
- P(3) P(3)
Entertainment and Recreation
Large-Scale - P(7) -
Food and Beverage Sales
Farmer's Markets - C P § 15-2730, Farmer's Markets
Retail Sales
General Retail - - P(3) § 15-2745, Outdoor Retail Sales Industrial Use Classifications
Recycling Facility
Reverse Vending Machine - - - § 15-2750, Recycling Facilities Recycling Processing Facility - - C[(9)]
Transportation, Communication, and Utilities Use Classifications Airports and Heliports - - C(4)
[(9)]
Communication Facilities
Antenna and Transmission
Towers
§ 15-2759, Telecommunications and Wireless Facilities
[(9)]
Facilities within Buildings - - P
Transportation Passenger
Terminals
- - P
Utilities, Major C[(9)] - P[(9)]
Utilities, Minor P[(9)] P[(9)] P[(9)]
Waste Transfer Facility - - C[(9)]
Agricultural and Extractive Use Classifications
Crop Cultivation P - - § 15-2716, Crop Cultivation
Produce Stand P - - § 15-2752, Roadside Fruit
Stands/Grower Stands
Urban Farm P - - § 15-2720, Community
Gardens/Urban Farms
Other Applicable Types
Accessory Uses and Structures § 15-2703, Accessory Uses Home Gardens § 15-2734, Home Gardens and Edible Landscaping Animal Keeping § 15-2707, Animal Keeping
Drive-In and Drive-Through
Facilities
- - - § 15-2728, Drive-In and Drive-
Through Facilities
Walk-Up Facilities § 15-2766, Walk-Up Facilities
Non-Conforming Use Article 4, Non-Conforming Uses, Structures, Site Features, and Lots
Temporary Use § 15-2760, Temporary Uses
Specific Limitations:
1. Limited to facilities associated with park and recreation facilities.
2. Limited to government or non-profit animal shelters located a minimum of 100 feet from a residential use or district.
3. Limited to gift shops, cafes, and restaurants that are an accessory to cultural institutions, community and religious assembly, and conference/convention centers.
4. Heliports used as accessory to a hospital are permitted by right and shall not require a Conditional Use Permit.
5. Building heights for hospitals shall not exceed 150 ft. There is no maximum Floor Area Ratio for hospitals.
6. Must include an indoor waiting area.
7. Limited to golf courses.
8. Limited to on-campus housing operated by an accredited school. [9. Electrified fences are permitted pursuant to FMC Section 15-2010.]
SECTION 4: This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES
NOES
ABSENT
ABSTAIN:
Mayor Approval: ,2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
City Clerk
_________________________________
BY:
Deputy Date
APPROVED AS TO FORM:
RINA GONZALES,
City Attorney
________________________________
BY:
Name Date
Title