Chapter 10.58

RESEARCH AND DEVELOPMENT ACTIVITIES REQUIRING BIOSAFETY LEVELS 2-3 CONTAINMENT

SECTION:

It is the purpose and intent of this Chapter to regulate research and development activities requiring Biosafety Levels 2-3 containment in order to ensure the health, safety and welfare of the residents of the City of Reedley and to ensure that all research and development activities shall operate in accordance with the regulations of the Reedley Municipal Code, conditions of approval, the laws and regulations of Fresno County, the laws and regulations of the State of California, and the laws and regulations of the Federal government. Biosafety Level 4 shall not be permitted within the City of Reedley. It is also the purpose of this Chapter to establish regulations necessary for biological research activities requiring Biosafety Levels 2-3 containment, except such activities regulated under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). (Ord. 2024-001, 9-10-2024)

10.58.020: APPLICABILITY:

This section shall apply to research and development activities that require Biosafety Levels 2-3 containment as defined by the most recent version of the Centers for Disease Control and Prevention, National Institutes of Health - Biosafety in Microbiological and Biomedical Laboratories manual, except such activities regulated under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). Biosafety Level 4 shall not be permitted within the City of Reedley. The section applies to facilities that handle biological agents derived from the human body or other infectious material for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings. If there is ambiguity on the applicability of this section, the Director shall determine such application and use to be applicable to this section. Activities shall include but not be limited to the following:

• A. Warehousing and storage of biological agents that require Biosafety Levels 2-3 containment;

• B. Medical and or pharmaceutical research using biological agents that require Biosafety Levels 2-3 containment;

• C. Manufacturing and production using biological agents that require Biosafety Levels 2-3 containment;

D. Chemical research, development, and or production using biological agents that require Biosafety Levels 2-3 containment;

E. Agricultural product development, research, and other uses that use biological agents requiring Biosafety Levels 2-3 containment; and

F. Any use not specified above but uses biological agents requiring Biosafety Levels 2-3 containment. (Ord. 2024-001, 9- 10-2024)

A. Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from any sensitive use(s). A sensitive use shall be defined as a religious institution, post-secondary educational institution, public education facility, structure, and or building, any public building regularly frequented by children and senior citizens, essential government operation, library, public park, community center, public trail, public building, a residential zone district and or a residentially occupied structure.

B. Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from any flood fringe and/or floodway areas.

• C. Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from the Kings River.

• D. Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from Traver Creek.

E. Only the City Council shall approve a request to modify from the locational requirements of this Chapter. (Ord. 2024001, 9-10-2024)

A Conditional Use Permit application shall be required to operate within the City of Reedley subject to the following requirements:

A. Pre-Application Meeting. The applicant shall have a pre-application meeting with owners and tenants of real property within two thousand five hundred feet (2,500') from the affected property prior to application submittal. Proof of such meeting shall be provided in the application submittal in order for the application to be deemed complete. An invite to such meeting shall be extended, and proof provided thereof, to the Kings Canyon Unified School District, Alta Irrigation District, Fresno County Department of Public Health, Reedley Community Development Department, Reedley Fire Department, and the Reedley Police Department. The applicant is responsible to provide due and timely notice to the owners and tenants of real property and the aforementioned entities. A meeting summary shall be provided to the Reedley Community Development Department within forty-eight (48) hours of said meeting. A conditional use permit application cannot be deemed complete without the applicant or the applicant's representative holding a pre-application meeting.

B. Application. In addition to submittal requirements for a conditional use permit application, the applicant shall provide the following information:

1. Type of facility;

2. Activities to occur onsite of the facility;

3. Full and complete list of biological agents that require Biosafety Levels 2-3 containment;

4. Full and complete list of flammable agents and the proximity to biological agents;

5. Full and complete description of handling procedures and prohibited practices that may increase the likelihood for exposure to infectious agents;

6. Identification and description of effective and appropriate personal protective equipment to be used to minimize exposure to infectious or potentially infectious germs, chemicals, biological agents, laboratory aerosols, diseases, or any and all items which may potentially pose a danger to the public;

7. Floor plan showing location and placement of personal protective equipment, safety signage, fire hose(s), sprinklers and or fire suppression system(s), emergency exits, and placement of gate and or wall mounted lock box(es);

8. Full and complete effective decontamination and disinfection procedures for laboratory surfaces and equipment;

9. Containment plan for biological agents;

10. Care plan for any and all animals stored on- or offsite;

11. A list of all job classifications;

12. Commit to hold quarterly neighborhood meetings with owners and tenants of real property within two thousand five hundred feet (2,500') of the affected property to report out any and all safety incidents, the implementation of current and or new safety protocols, and listening to concerns from the public. Meeting summaries shall be posted to the company's website. Failure to hold quarterly neighborhood meetings shall result in revocation of the conditional use permit application approval and business license; and

ed feet (2,500') of the affected property to report out any and all safety incidents, the implementation of current and or new safety protocols, and listening to concerns from the public. Meeting summaries shall be posted to the company's website. Failure to hold quarterly neighborhood meetings shall result in revocation of the conditional use permit application approval and business license; and

13. A Waste Management Plan which shall include, but not be limited to, the following:

• a. Required training plan for onsite and offsite personnel and contractors;

• b. Collection schedule;

• c. Waste containment protocols;

• d. Treatment measures for waste accumulated onsite prior to waste removal; and

• e. Emergency Action Plan. (Ord. 2024-001, 9-10-2024)

A. Other Approvals. The applicant or their authorized representative shall provide a copy of all approvals from Fresno County, the State of California, and or the Federal government.

B. Release of Liability. The applicant or their authorized representative shall prepare an agreement to be executed indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the use/business or the prosecution of the applicant or licensee or its members and or personnel for violation(s) of the laws and regulations of Fresno County, the State of California, and or the Federal government.

C. Neighborhood Meetings. The applicant or their authorized representative shall hold quarterly neighborhood meetings with owners and tenants of real property within two thousand five hundred feet (2,500') of the affected property to report out any and all safety incidents, the implementation of any and all current and new safety protocols, and listening to any and all concerns from the public. Meeting summaries shall be posted to the company's website. Failure to hold quarterly neighborhood meetings shall result in the revocation of the conditional use permit application approval and business license.

D. Reimbursement Agreement. The applicant or their authorized representative shall agree to reimburse the City of Reedley for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to the City's approval.

E. Inspections. The applicant or their authorized representative shall agree to and permit, without any obstruction, City, County, and Federal inspectors and authorize agents to conduct safety and compliance inspections.

F. Business License. The applicant or their authorized representative shall at all times maintain a current and valid business license. Failure to do so will result in revocation of the conditional use permit application approval. (Ord. 2024-001, 9-10-2024)

A. The Police Chief of their designee shall make a recommendation to the Community Development Director, prior to the Planning Commission's consideration of the conditional use permit application, for security measures for each application based upon the information provided in the application submittal. Recommended security measures shall be determined on a case-by-case basis upon review by the Police Chief or their designee. The applicant shall be required to implement recommendation(s).

B. The Fire Chief or their designee shall make a recommendation to the Community Development Director, prior to the Planning Commission's consideration of the conditional use permit application, for the inclusion of safety measures for each application based upon the information provided in the application submittal. Recommended safety measures shall be determined on a case-by-case basis upon review by the Fire Chief or their designee. The applicant shall be required to implement recommendation(s). (Ord. 2024-001, 9-10-2024)

CHAPTER 10.60

SMOKE SHOP AND TOBACCO STORE

SECTION:

There shall be no City of Reedley Business License issued for any new smoke shop and/or tobacco store wishing to establish business in the City without a Conditional Use Permit processed and approved in compliance with Chapter 10.100 (Conditional Use Permit). (Ord. 2024-001, 9-10-2024)

Existing smoke shops and/or tobacco stores shall not be allowed to relocate to a site that would create an overconcentration in one area. Over concentration shall be presumed to apply when a relocating smoke shop and/or tobacco store is sought to be opened within one thousand feet (1,000') of the property boundary of a currently permitted and operating smoke shop and/or tobacco store. (Ord. 2024-001, 9-10-2024)

Existing Smoke Shops and/or Tobacco Stores shall not be permitted to relocate and seek to be opened within one thousand feet (1,000') of the property boundary of a Sensitive Use. "Sensitive Uses" shall be defined as "religious institution, school, regularly established boys' club or girls' club or public building regularly frequented by children, public park, public trail or public building; or within six hundred feet (600') of any residential zone." (Ord. 2024-001, 9-10-2024)

The windows of the business shall not be transparently visible and unobstructed. (Ord. 2024-001, 9-10-2024)

Prior to the submission of a Conditional Use Permit application, the applicant shall have a neighborhood meeting, providing notice of said meeting to property owners, business owners, and tenants within two thousand feet (2,000') of the proposed business. The Community Development Department shall be invited to attend said neighborhood meeting. Proof of said neighborhood meeting shall be provided to the Community Development Department in order for the application to be reviewed for completeness. (Ord. 2024-001, 9-10-2024)