CITY OF FRESNO
CEQA EXEMPTION
ENVIRONMENTAL ASSESSMENT FOR
TEXT AMENDMENT APPLICATION NO. P23-01018
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: City of Fresno
Planning and Development Department
2600 Fresno Street
Fresno, CA 93721
PROJECT LOCATION: Areas within the jurisdiction of the City of Fresno.
PROJECT DESCRIPTION: Text Amendment Application No. P2 3-01018 proposes an amendment to Section 15-2009 (Security Fencing) of the Fresno Municipal Code to permit razor wire in the following situations:
(1) where such fencing is required by any law or regulation of the City, the State of California, the federal government, or other public agency; (2) where used to contain livestock; (3) in Commercial Districts where not visible from any street, highway, public open space, recreation area, or Residential District; (4) in Industrial Districts unless it abuts a Residential District ;(5) Construction Sites as a temporary measure. Razor wire is further subject to the following location restrictions: razor wire shall be prohibited 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. Prior to installation, property owners are required to apply for a permit with the City.
This project is exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.
Class 3 exemptions, for projects pertaining to new construction or conversion of small structures, consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
The proposed Text Amendment modifies the existing regulations for security fencing by allowing razor wire fencing in locations where security fencing is currently permitted , in addition to placing location restrictions on razor wire fencing specifically as stipulated previously in this document. There will be no physical change to the environment as a result of the adoption of this Text Amendment as it is an amendment to Fresno Municipal Code Section 15 -2009. The Text Amendment does not relate to any physical project. However, this amendment will permit individual applicants to add razor wire fencing pursua nt to the permit application process designated by the City of Fresno.
The regulations of the proposed Text Amendment will not intensify the use of any establishment.
The application process for security fencing already exists within the Fresno Municipal Code and the proposed Text Amendment provides regulations for permitting razor wire fencing in certain situations. As such, the proposed Text Amendment will not intensify any existing uses.
Approval of this Text Amendment does not automatically permit razor wire fencing in any district. Rather, it would allow the opportunity to apply for a permit for properties located within areas where such fencing is required by any law or regulation of the City, the State of California, the federal government, or other public agency, where used to contain livestock, in Commercial Districts where not visible from any street, highway, public open space, recreation area, or Residential District, in Industrial Districts unless it abuts a Residential District or on Construction Sites as a temporary measure. Property owners applying for such permit are further subject to the location restrictions as stipulated in the Text Amendment which prohibit 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. This Text Amendment does not result in any changes in use or intensity, but instead allows for razor wire fencing to be approved pursuant to a permit and in areas of the City where security fencing is currently allowed , subject to the additional location restrictions pertaining to razor wire. As such, the Text Amendment would only consist of installation of small new equipment and facilities in small structures, because it only pertains to the potential for installation of razor wire fencing as an accessory structure.
Therefore, Text Amendment P2 3-01018 is exempt from CEQA pursuant to CEQA Guidelines Section 15303/Class 3 . Based on staff analysis, it was determined that no adverse environmental impacts would occur as a result of the proposed project and none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. Therefore, a categorical exemption, as noted above, has been prepared for the project.
No adverse environmental impacts will occur as a result of the proposed project.
Date: March 26, 2024
Prepared By: Adrienne Asadoorian-Gilbert,
Supervising Planner
Submitted by:
Sophia Pagoulatos
Planning Manager
City of Fresno
Planning & Development
Department
(559) 621-8062