EXHIBIT D – FRESNO MUNICIPAL CODE FINDINGS
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) as noted below.
1. The Code text amendment is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5 and any applicable operative plans; and”
The purpose of the proposed Text Amendment is to update Section 15-2009 of the Fresno Municipal Code relative to Security Fencing to allow razor wire fencing in certain situations. Text Amendment Application No. P23-01018 has been examined with respect to its consistency with the Fresno General Plan and it has been concluded that the proposed Text Amendment is consistent with the following General Plan Policies:
Policy D-4-d: Design for Safety. Continue to involve the City’s Police Department in the development review process to ensure
new buildings are designed with security and safety in mind.
Policy PU-1-c: Safety Considerations in Development Approval.
Continue to identify and apply appropriate safety, design and operational measures as conditions of development
approval, including, but not limited to, street access control measures, lighting and visibility of access points and
common areas, functional and secure on-site recreational and open space improvements within residential
developments, and use of State licensed, uniformed
security.
Policy PU-1-e: Communication with Public. Maximize communication and cooperative efforts with residents and businesses in order to identify crime problems and optimize the effectiveness of crime prevention measures and law enforcement programs.
Text Amendment No. P23-01018 is in conformance with the above-referenced Policies of the Fresno General Plan in that it will update Section 15-2009 of the Fresno Municipal Code to include provisions for the allowance of razor wire fencing. The allowance of razor wire fencing will provide additional security measures to deter crime and promote the overall safety of surrounding areas.
The proposed Text Amendment further conforms with the intent and provisions of the General Plan as it will require applicants to apply for a permit to install razor wire fencing, which would undergo review by the City of Fresno Planning and Development Department. Furthermore, as noted in the Fresno General Plan, the vision for the Healthy Communities Element includes designing new development and redevelopment to promote physical activity, access to fresh and healthy food and deter crime, which is in direct conformance with the proposed Text Amendment as the installation of razor wire fencing is intended to discourage crime and enhance safety.
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.”
The proposed Text Amendment is consistent with the purpose of the Development Code in that it will promote the public health, safety, peace, comfort, and general welfare by providing access to additional security measures for properties throughout the City of Fresno. Establishing regulations for the installation of razor wire fencing, subject to the provisions mentioned previously throughout this report, is intended to discourage and reduce the occurrence of trespassing on private property, vandalism, burglary and other criminal activity. In compliance with Fresno Municipal Code Section 15-2009, the proposed Text Amendment will conform to the standards which apply to barbed wire to promote consistency throughout the City of Fresno where security fencing is currently permitted. Furthermore, this Text Amendment institutes additional location restrictions specific to razor wire security fencing which 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. As a result, the proposed Text Amendment to allow razor wire fencing in certain zone districts will serve as a deterrent to localized, targeted crime therefore leading to a safe and secure urban environment.