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Exhibit K - Draft TED Ordinance

Fresno City Council
October 10, 2024

Document
Exhibit K - Draft TED Ordinance
Meeting
October 10, 2024
Body
Fresno City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

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BILL NO.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, TO
APPROVE TEXT AMENDMENT APPLICATION P24 -02420 TO
ADD SECTION 15-1615 AND AMEND SECTION 15-2744 OF THE

FRESNO MUNICIPAL CODE, RELATING TO THE TOWER
ENTERTAINMENT DISTRICT.

THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 15-1615 is added to the Fresno Municipal Code to read:

[SECTION. 15-1615 TOWER ENTERTAINMENT (TE) OVERLAY DISTRICT

A. Purpose. The Tower Entertainment (TE) Overlay District is

intended to support a variety of entertainment businesses in the Tower District

and ensure that the commercial uses integrate well with the surrounding

residential areas.

B. Applicability. The provisions of this article apply to establishments

in the Tower District Specific Plan Boundaries with the TE Overlay District

designation for restaurant, bar and night-club related uses that include rear or

side outdoor patios with a Conditional Use Permit.

C. Definitions.

1. Amplified sound: sound whose volume is increased

by any electric, electronic, mechanical or motor-powered means.

D. Use Regulations.

1. Permitted Uses. The uses permitted in the Base

District.

Date Adopted:

Date Approved
Effective Date:

City Attorney Approval:
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Ordinance No.
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2. Uses Not Permitted. The uses expressly prohibited

by the provisions of the Base District.

E. Time to Stop Sales, Services, & Consumption of Alcohol. All

establishments serving alcohol must adhere to the regulations set forth in §15-

2751, Table 15-2751-G.

F. Outdoor Patios – Rear or Side of Property. For establishments

with outdoor patios located at the rear or side of the property, outdoor patios must

adhere to the hours listed in Table 15-1615-F, according to the outdoor patio’s

distance from an existing Residential use. All uses shall comply with applicable business operating hours and the noise standards provided in Subsection G.

TABLE 15-1615-F: OUTDOOR PATIO LOCATED AT THE REAR OR SIDE OF PROPERTY

CLOSING TIME BY DISTANCE TO RESIDENTIAL USES

Use 100 ft. or closer
to Residential
100 ft. to 250 ft.
from Residential
250 ft. or further from
Residential
Smoke/Hookah/Cigar
Lounges
No outdoor patio
permitted
No limitations No limitations

Use 100 ft. or Closer
to Residential
100 ft. to 250 ft.
from Residential
250 ft or further from
Residential

Outdoor Patios Without
Noise Attenuation
Measures

7:00am –
10:00pm

7:00am – 2:00am

No limitations

Use

100 ft. or Closer to
Residential1

100 ft. to 250 ft.
from Residential

250 ft or further from
Residential
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Outdoor Patios
With Noise
Attenuation
Measures

7:00am – 2:00am

7:00am – 2:00am

No limitations

1 No amplified sound permitted after 10:00pm on outdoor patios that are 100 ft. or closer to Residential.

G. Noise Standards.

1. Exterior Noise Levels. Exterior noise levels shall be

measured at the property line. Establishments with side and rear patios shall comply with standards as noted in §15-2506-A and Table 15-2506-D of the Fresno Municipal Code.

2. Interior Noise Levels. The interior noise levels shall be measured within the affected adjacent interior space, regardless

of use, at points at least four feet from the wall, ceiling, or floor

nearest the noise source, with windows in the normal seasonal

configuration; and meet the following standards as noted in Table

15-2506-A of the Fresno Municipal Code.

3. Restaurants with Alcohol Sales.

Bar/Nightclubs/Lounges doors and windows shall remain closed

after 10:00pm to minimize noise, except for normal entry and exit

of patrons.

H. Sidewalk Vendors. Sidewalk vendors operating within the Tower

Entertainment District must comply with the following regulations:
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1. Vendors must provide and maintain trash receptables

for patrons. Trash from patrons is to be removed from the premises by the operator.

2. Vendors must comply with noise standards and shall

not play amplified sound after 10:00pm.

3. After two years from the date of adoption of this

section, generators powered by gas, diesel, or natural gas shall not

be permitted.

I. Mobile Vendors. Mobile vendors operating within the Tower

Entertainment District must comply with the regulations set forth in §15-2741 of

the Fresno Municipal Code.]

SECTION 2. Section 15-2744 of the Fresno Municipal Code is amended to read:

SECTION 15-2744 - OUTDOOR DINING AND PATIO AREAS Eating and drinking establishments, including bars, nightclubs, and smoking establishments, with outdoor dining and/or patio areas shall be located, developed, and operated in compliance with the following standards. [When regulations in this section conflict with 5 of 6
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regulations in §15-1615 Tower Entertainment (TE) Overlay District, the regulations in

§15-1615 shall supersede.]
SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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* * * * * * * * * * * * * *

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 2024.

AYES :

NOES :

ABSENT :

ABSTAIN :

Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024

TODD STERMER, CMC
City Clerk

APPROVED AS TO FORM:

ANDREW JANZ
City Attorney

By:

Kristi M. Costa Date
Senior Deputy City Attorney
By:

Deputy Date

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