Fresno Municipal Code Art. 15 San Joaquin River and Bluff Protection Initiative

This ordinance shall be known as the "San Joaquin River and Bluff Protection Initiative."

(Added Ord. 2010-11, § 1, eff. 10-12-10).

The Council finds and declares that the San Joaquin River and southerly San Joaquin River Bluffs are a unique natural resource that must be protected and preserved for the enjoyment of, and appreciation by, present and future generations in the City of Fresno. The Council further finds and declares that the integrity of the natural landscape is threatened by pollution and damage caused by vehicular and pedestrian traffic and activities that are not consistent with conservation of these precious natural resources.

The Council further finds and declares that vegetation fires along the San Joaquin River and to the southerly San Joaquin River Bluffs are particularly difficult to contain due to the ample flammable vegetation and difficult terrain and pose a threat to occupied structures in the area.

The ordinance enacted below is deemed necessary for the protection of the general health, safety, and welfare of people and property on the southerly San Joaquin River Bluffs.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

No provision of this article is intended to supersede or be in conflict with any federal regulation or any statute; rule or regulation of the state relating to the San Joaquin River or southerly San Joaquin River Bluffs, and in the event of any conflict between the provisions of this article and any such federal or state regulation, the provisions of this article so conflicting shall be deemed superseded by such statute, rule or regulation, and of no force or effect. Provided further, that other provisions of this article not so in conflict shall not be affected thereby and shall remain in full force and effect.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

The prohibitions of Sections 10-1506 and 10-1507 shall apply to the territory of the City of Fresno located between the midpoint of the San Joaquin River and the southerly bluff edge as defined below and between Highway 99 and Highway 41.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

(a) "Bluff" means the soil surface, substratum and area between the "Bluff Toe" and the "Bluff Edge" as defined in Section 12-105.B.9 of this Code.

(b) "Bluff Edge" means the first or southernmost point of tangency, within three hundred feet of the "Bluff Toe," or a ten per cent (10:1) slope line and the convex soil surface (or the break between slopes less than ten per cent and those greater than ten per cent) as defined in Section 12-105.B.10 of this Code.

(c) "Bluff Face" means that area between the "Bluff Edge" and "Bluff Toe" as defined in Section 12-105.B.11 of this Code.

(d) "Bluff Preservation Overlay District" is an overlying zoning district intended to provide special land development standards that will preserve the integrity of the natural landscape of the southerly San Joaquin River Bluffs, adjacent properties, and adjacent open spaces as areas of special quality by reason of the topography, geologic substratum, and environment of the area as defined in Section 12-243 of this Code.

(e) Reserved.

(f) "Bluff Toe" means the point of tangency of a twenty per cent (5:1) slope line and the concave soil surface (or the break between slopes less than twenty per cent and those greater than twenty per cent) as defined in Section 12-105.B.13 of this Code.

(g) "Fireworks" shall have the same meaning as defined in Section 10-5602.3(d) of this Code.

(Added Ord. 2010-11, § 1, eff. 10-12-10; Am. Ord. 2018-19, § 1, eff. 5-25-18).

(a) No person on public lands shall operate any motor vehicle, motorcycle, motor-driven cycle, minibike, or other vehicle by which any person or property may be propelled, moved, or drawn, excepting a vehicle or device moved by human power, below the bluff edge except upon roads designated for vehicular use.

(b) Exceptions.

(1) This section shall not apply to employees of a public agency engaged in the discharge of their duties;

(2) This section shall not apply to employees or agents of organizations engaged in land or resource management or conservation engaged in the discharge of their duties;

(3) This section shall not apply to a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

The following acts are prohibited below the bluff edge:

(a) Overnight camping except with appropriate permits and approvals and in designated areas;

(b) Depositing, placing, throwing or in any manner disposing of any rubbish, trash, garbage, can, bottle, glass, wood, paper or any decaying or putrid matter of any kind whatsoever except in containers provided for such purpose;

(c) Lighting of any fires or open flames, including but not limited to cooking fires and barbecues, except in designated areas. This prohibition shall not apply to cooking fires, barbecues, or outdoor fireplaces upon any private property which is subject to the provisions of this Article;

(d) Possession or use of fireworks, notwithstanding the provisions of Section 10-5602.5(b);

(e) Entering, remaining or loitering between the following hours: 10:00 p.m. to sunrise from March through October; 6:00 p.m. to sunrise from November through February. This shall not apply to individuals whose private property is located below the bluff edge; individuals with appropriate permission or authorization to be on, or be in route to or from, private property located below the bluff edge; campers with appropriate permits and authorization; employees of a public agency in the discharge of their duties; or employees or agents of organizations engaged in land or resource management or conservation engaged in the discharge of their duties.

(f) Discharging of firearms, bows, pellet guns, or paintball guns except in areas or facilities specifically designated for such activities.

(g) Removal of vegetation or excavation of any rock or stone except when part of an authorized management program, such as creation of defensible space pursuant to Section 10-1510, or with appropriate permits and approvals;

(h) Removal or disturbance of archaeological or cultural artifacts unless with appropriate permits and approvals;

(i) Removing, defacing, damaging or destroying any sign, gate, garbage can, or structure or facility which has been posted in accordance with the provisions of Section 10-1509.

(Added Ord. 2010-11, § 1, eff. 10-12-10; Am. Ord. 2018-19, § 2, eff. 5-25-18).

Failure to comply with the provisions of sections 10-1506 or 10-1507 shall be punishable as a misdemeanor.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

The Chief Administrative Officer or his or her designee, as well as those having jurisdictional authority, shall have the authority to post and maintain appropriate signs at such locations as in the opinion of the Chief Administrative Officer or designee will give reasonable notice to the public of the provisions of this article.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

(a) Definitions. For the purposes of this section, the following definitions shall apply:

(1) "Aerial Fuel" means all live and dead vegetation in the forest canopy or above surface fuels, including tree branches, twigs, cones, snags, moss and high brush. Examples of aerial fuel include trees and large bushes.

(2) "Defensible space" is the area within the perimeter of a parcel where basic wildfire protection practices are implemented, providing the key point of defense from an approaching wildfire or escaping structure fire. Defensible space can be created by removing dead vegetation, separating fuels, and pruning lower limbs.

(3) "Firebreak" means an area of land within thirty (30) feet of an occupied dwelling and structure in which dangerous accumulation of flammable vegetation or other combustible growth has been removed and cleared away. The creation of a firebreak shall not require the removal of single specimens of trees or other vegetation that is well pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or structure.

(4) "Flammable and combustible vegetation" means any fuel.

(5) "Fuel" means live or dead vegetative material which is combustible during normal summer weather. This does not include fences, decks, woodpiles, or trash.

(6) "Horizontal Clearance" means the distance between aerial fuels, such as the outside edge of tree crowns or high brush. Horizontal clearance helps stop the spread of fire from one fuel to the next.

(7) "Surface Fuel" means loose surface litter on the soil surface, normally consisting of fallen leaves or needles, twigs, bark, cones and small branches that have not yet decayed enough to lost their identity; also grasses, forbs, low and medium shrubs, tree seedlings, heavier branches and downed logs.

(8) Reserved.

(9) "Vertical Clearance" means the distance between lower limbs of aerial fuels and the nearest surface fuels and grass or weeds. Vertical clearance helps prevent fire from moving from shorter fuels to taller fuels.

(b) Application. The requirements of this section shall apply to the following parcels:

(1) Parcels located in the territory of the City of Fresno between the midpoint of the San Joaquin River and the southerly bluff edge between Highway 99 and Highway 41;

(2) Parcels located within the Bluff Preservation Overlay District which abut the bluff edge.

(c) Defensible Space Requirement. Any person, corporation or other entity owning, leasing, occupying or directly controlling or having charge of any property subject to this article shall comply with the following standards for maintaining defensible space with respect to the area surrounding any inhabited dwellings and structures from April 15 through September 30 of each year as follows:

(1) Maintain a firebreak by removing and clearing away dangerous accumulation of flammable vegetation and other combustible growth within thirty (30) feet of each inhabited dwelling and structure. This requirement does not apply to endangered, rare, or threatened plant species that are found within thirty (30) feet of an inhabited dwelling and structure. Single specimens of trees or other vegetation may be retained provided they are well spaced, well pruned, maintained in a live condition and create a condition that avoids the spread of fire to other vegetation or to a building or structure. Grass four (4) inches or shorter in height may be retained where necessary to prevent erosion or when isolated from other fuels.

(d) Failure to Maintain Defensible Space. It is unlawful and a public nuisance for any person, corporation or other entity owning, leasing, occupying, directly controlling or having charge of any property subject to this article to maintain the following conditions on said property which endanger the public safety by creating a fire hazard:

(1) A dangerous accumulation of flammable vegetation or combustible growth located within thirty (30) feet of an occupied dwelling and structure which prevents the creation of a firebreak and endangers public safety by creating a fire hazard; or

(2) Brush or other flammable material within ten feet of a propane tank.

(3) A dangerous accumulation of dry grass, dead or decayed trees, weeds, brush or leaves, needles, or other dead vegetative growth located adjacent to any occupied dwelling or structure such that it endangers public safety by creating a fire hazard.

(e) No person shall be required to maintain any clearing on any land if that person does not have the legal right to maintain the clearing, nor is any person required to enter upon, remove vegetation or damage property that is owned by another person without the consent of that person.

(f) The provisions of Section 10-1510(c) and (d) shall not apply to land or water area that are acquired or managed for one or more of the following purposes or uses:

(1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government;

(2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities;

(3) Open space lands that are environmentally sensitive parklands;

(4) Other lands having scenic values, as declared by the local agency or by state or federal law;

(5) Cultivated agricultural land or land used for animal grazing.

(g) Enforcement. This section shall be enforced pursuant to the provisions of Chapter 10, Article 6 relating to abatement of public nuisances.

(Added Ord. 2010-11, § 1, eff. 10-12-10).

A review of the effectiveness of this ordinance shall be conducted after one (1) year, or at any time deemed necessary by the City Council. The City Council may direct staff to provide any information necessary for evaluating the effectiveness of this ordinance.

(Added Ord. 2010-11, § 1, eff. 10-12-10).