Legislation Details

File #: ID 24-325    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 2/23/2024 In control: Planning Commission
On agenda: 3/6/2024 Final action:
Title: CONTINUED FROM FEBRUARY 7, 2024 Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer's Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California (Council District 3) - Planning and Development Department. 1. DENY the appeal and UPHOLD the determination that Bauer's Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and 2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer's Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photograph, 3. Exhibit C - Planned Land Use & Zoning Map, 4. Exhibit D - Zoning Inquiry Application, 5. Exhibit E - Zoning Inquiry P23-02357 Response Letter, 6. Exhibit F - Appeal Letter, 7. Exhibit G - Directors Classification No. 208, 8. Exhibit H - Planning & Development Policy & Procedure C-002, 9. Exhibit I - COF Public Works Department Standard P-21 (Parking Lot Paving Details), 10. Exhibit J - Zoning Inquiry Q-11-035, 11. Exhibit K – Non-Exclusive Franchise Tow Agreement for the Fresno Police Department, 12. Exhibit L – FMC Section 15-2765 - Vehicle Impound Yard (Tow Yard) & Transit Storage, 13. Exhibit M - Public Hearing Notice and Notice Map, 14. Exhibit N – Letter from Applicant - Appellant to PC [12-28-2023], 15. Exhibit O - Independent Hearing Order & Decision, 16. Exhibit P - Applicant Supplemental Letter & Presentation [1.2.2024], 17. Supplemental Exhibit Q - Additional Information from Applicant, 18. Supplemental Exhibit R - Letter from Applicant [7-7-2023]
REPORT TO THE PLANNING COMMISSION



March 6, 2024


FROM: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department


SUBJECT
Title
CONTINUED FROM FEBRUARY 7, 2024
Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer's Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California (Council District 3) - Planning and Development Department.

1. DENY the appeal and UPHOLD the determination that Bauer's Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and

2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer's Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.

Body
EXECUTIVE SUMMARY

Edward Mason, of Bauer's Auto Wrecking, filed Zoning Inquiry Application No. P23-02357 requesting specific information for Bauer's Towing with respect to compliance with the Fresno Municipal Code (FMC) Zoning Ordinance, applicable policies and procedures, prior approvals or permits, and whether the use of the subject property for a Tow Yard satisfies relevant zoning laws of the City, based on the following facts and evidence.

Staff prepared a response letter dated September 26, 2023 (Exhibit E) which concluded that while the business and site as it currently exists is not in conformance with the standards and requirements for paving of vehicle storage areas per Policy and Procedure No. C-002 dated June 14, 2011, according to the current zoning ordinance the business is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.

On October 10, 2023, the Planning and Development Department's zoning inquiry response was appealed ...

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