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WHEREAS, members of the Tower District community expressed a desire to establish regulations for late-night entertainment uses where adjacent to residential uses; and
WHEREAS, the Tower Entertainment District Overlay boundaries are represented in Exhibit A – TED Boundary; and
WHEREAS, the Tower Entertainment District Overlay 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; and WHEREAS, the Tower Entertainment District Overlay is intended to apply to establishments with restaurant, bar and night -club related uses that include rear or side outdoor patios with a Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council, pursuant to Fresno Municipal Code Section 15-4902-B hereby initiates Tower Entertainment District Overlay (Exhibit B – Draft TED Ordinance and Exhibit A – TED Boundary)
2. The Council directs staff to continue preparation of the Tower Entertainment District Overlay.
3. This resolution shall be effective upon final approval.
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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 resolution 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
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Name D ate
Title
Attachments:
Exhibit A – TED Boundary
Exhibit B – Draft TED Ordinance
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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________
Ordinance No.
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 AND
SECTION 15-5302 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.
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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 T able 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 standard s. [When regulations in this section conflict with 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
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kristi M. Costa Date
Senior Deputy City Attorney