FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13748
The Fresno City Planning Commission, at its regular meeting on June 15, 2022 adopted the following resolution relating to Text Amendment Application No. P21-05809:
WHEREAS, 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; and
WHEREAS, Text Amendment No. P21-05809 proposes to expand the Zone Districts where Electrified Fences are permitted by revising the language in the Fresno Municipal Code (FMC) Sections 15-2010 of the Fresno Municipal Code; and
WHEREAS, the Citywide Development Code implements the General Plan by regulating land use within Fresno’s City Limits; and
WHEREAS, the Planning Commission’s regularly scheduled June 15, 202 2, hearing on Text Amendment Application No. P21-05809 and the related environmental finding was duly noticed by publication in the Fresno Bee on May 20, 2022, the newspaper of greatest local circulation; and
WHEREAS, on June 15, 2022, the Fresno Planning Commission conducted a public hearing to consider Text Amendment Application No. No. P21-05809 and the related environmental finding; and,
WHEREAS, during the June 15, 2022, hearing, the Commission received and considered the Planning and Development Department’s report recommending consideration of the Text Amendment No. P21-05809 and the related environmental finding and provided the opportunity for consideration of testimony from the applicant and the public; and
WHEREAS, four members of the public spoke in support and two members of the public spoke in opposition of the proposed text amendment; and
WHEREAS, the Planning Commission recommended approval with modifications utilizing the Development Code Findings provided by the applicant; and
WHEREAS, the modifications proposed by the Commission were to require an 18 inch separation between the perimeter fence and the electrified fence, the removal of all Mixed-Use Districts and Public and Institutional Districts from permitted locations, and prohibition of Electric Fences within 500 feet of sensitive uses, such as schools and childcare facilities; and
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission, based upon information presented at the hearing, finds in accordance with its own independent judgment that there is no substantial evidence in the record to indicate that the Text Amendment may have a significant effect on the environment as identified by, and evaluated within, Environmental Assessment No. P21-05809, and determine s it is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption that it can be seen with certainty Planning Commission Resolution No. 13748
Text Amendment No. P21-05809
June 23, 2022
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); and
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval with Conditions of Text Amendment No. P21-05809 and the related environmental finding is consistent with the adopted Fresno General Plan, and the findings required pursuant to Section 66410 et.seq of the Government Code; and
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends that the City Council approve with conditions the Text Amendment Application No. P21-05809 and the related environmental finding.
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The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Chair Vang, seconded by Vice Chair Hardie
VOTING: Ayes - Vang, Hardie, Bray, Criner, Diaz, Wagner Noes - Fuentes
Not Voting - None
Absent - None
DATED: June 15, 2022
__________________________________
Jennifer Clark, Secretary
Fresno City Planning Commission
Resolution No. 13748
Text Amendment No. P21-05809
Environmental Assessment No. P21-05809
Action: Recommend Approval with Conditions
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13762
The Fresno Ci ty Planning Commission , at its regu lar meeting on August 17, 2022 adopted the following resolution relating to Text Amendment Application No. P21-05809:
WHEREAS, 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; and
WHEREAS, Text Amendment No. P21- 05809 proposes to expand the Zone Districts where Electrified Fences are permitted by revising the language in the Fresno Municipal Code (FMC) Section 15-2010 of the Fresno Municipal Code; and
WHEREAS, the Citywide Development Code implements the General Plan by regulating land use within Fresno’s City Limits; and
WHEREAS, the Planning Commission’s regularly scheduled August 17, 2022, hearing on Text Amendment Application No. P21-0 5809 and the related environmental finding was duly noticed for the first hearing by publication in the Fresno Bee on May 20, 2022, the newspaper of greatest local circulation; and
WHEREAS, on June 15, 2022, the Fresno Planning Commission conducted a public hearing to consider Text Amendment Application No. No. P21-05809 and the related environmental finding; and,
WHEREAS, during the June 15 , 2022, hearing the Commission received and considered the Planning and Development Department’s report recommending consideration of the Text Amendment No. P21-05809 and the related environmental finding and provided the opportunity for consideration of testimony from the applicant and the public; and WHEREAS, the Planning Commission recommended approva l with modification s utilizing the Development Code Findings provided by the applicant during the June 15, 2022 hearing; and WHEREAS, the City Council, at its regularly scheduled meeting on July 21, 2022, voted to refer a new alternative modification of the Text Amendment submitted by the applicant back to Planning Commission; and
WHEREAS, the Planning Commission recommended approval of the new alternative modification of the Text Amendment with a consistency review, specifically not permitting the installation of electric fences in Park and Recreation Facilities, during the August 17, 2022 hearing; NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission, based upon information presented at the hearing, finds in accordance with its own independent judgment that there is no substantial evidence in the record to indicate that the Text Amendment may have a significant effect on the environment as identified by, and evaluated within, Environmental Assessment No. P21- 05809, and determines it is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption that it can be seen with certainty Planning Commission Resolution No. 13762
Text Amendment No. P21-05809
August 17, 2022
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); and
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval of Text Amendment No. P21-05809 and the related environmental finding is consistent with the adopted Fresno General Plan, and the findings required pursuant to Section 66410 et.seq of the Government Code; and
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends that the City Council approve with conditions the Text Amendment Application No. P21-05809 and the related environmental finding.
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The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Vice Chair Hardie
VOTING: Ayes - Fuentes, Wagner, Vang, Bray, Diaz, Hardie Noes - None
Not Voting - None
Absent - Criner
DATED: August 17, 2022
__________________________________
Jennifer Clark, Secretary
Fresno City Planning Commission
Resolution No. 13762
Text Amendment No. P21-05809
Environmental Assessment No. P21-05809
Action: Recommend Approval