REPORT TO THE PLANNING COMMISSION
April 2, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: PHILLIP SIEGRIST, Manager
Planning and Development Department
BY: VALERIA RAMIREZ, Planner
Planning and Development Department
SUBJECT
Title
Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P24-01344, requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues (Council District 1) - Planning & Development.
1. DENY the Appellant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P24-01344 requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold) at an existing business.
Body
EXECUTIVE SUMMARY
Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed of A’s Family Market and pertains to ±0.76 acres of property located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues.
The subject application was filed for purposes of establishing a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (off-sale general: beer and wine for consumption off the premises where sold) for an existing general market (A’s Family Market).
On February 6, 2025, the Director of Planning and Development denied the Conditional Use Permit Application No. P24-01344 as the project does not comply with the required location restrictions of Section 15-2706(F) of the Fresno Municipal Code (FMC) which prohibits a new off-sale establishment that is near sensitive uses, near other alcoholic beverage establishments, within high crime areas, within high concentration areas, when the number of sites selling alcohol for off-site consumption exceeds one (1) license per 2,500 residents, and the inability to make the required findings for conditional use permits under FMC Section 15-5306 (Exhibit M, Fresno Municipal Code Findings). The denial letter is attached as Exhibit J.
The Director’s decision to deny the request was appealed by Yeslam Haimed of A’s Family Market, on February 15, 2025 (Exhibit K).
Staff recommends the Planning Commission deny the appeal and uphold the Director’s denial of the conditional use permit based on substantial evidence detailed in this staff report that; 1) the conditional use permit application does not meet the location restrictions for alcohol sales nor the exceptions to location restrictions provisions specified under Section 15-2706(F)(6); and 2) specific Findings made by the Director in denial of the conditional use permit contained in Section 15-5306 remain valid.
BACKGROUND
Conditional Use Permit Application No. P24-01344 pertains to A’s Family Market, which is an existing market located at 2717 North Hughes Avenue, between North Weber and West Princeton Avenues. According to the floor plan and photographs of the interior space which were provided with the application, the market sells fresh produce including but not limited to apples, oranges, pineapples, tomatoes, jalapeños, bell peppers, lettuce, parsley/cilantro, and ginger root, as well as other grocery items intended for off-site preparation and consumption. In addition, general household grocery and kitchen items such as cooking oil, sugars, spices, juices, flour, coffee, teas, canned goods, cheeses, and uncooked rice/pastas are sold at the store. The store also sells items which are commonly sold in convenience and grocery stores such as bagged chips, packaged dry meats and jerky, nuts and seeds, candy, novelty retail items, ice cream, sodas, juices, and sports and energy drinks. Everyday essentials such as feminine products, diapers, cleaning products, disposable dinnerware and utensils, aluminum trays, plastic wrap, plastic bins, etc., are also sold at the market. Lastly, the market includes a meat counter that, while not currently operating, is intended to be utilized for the sale and display of meat products.
The subject application, Conditional Use Permit Application No. P24-01344, requests authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Site - sale of beer and wine for consumption off the premises where sold) for an existing business (A’s Family Market).
The subject property is located within the boundaries of the Fresno General Plan and Fresno High - Roeding Community Plan. These plans designate the subject site for Commercial - Community planned land uses. The existing underlying CC (Commercial Community) zone district is consistent with the planned land use designation.
Pursuant to Table 15-1202 and Section 15-2706(D)(1) of the FMC, general markets without alcohol are permitted in the CC (Commercial Community) zone district, while new establishments that sell alcoholic beverages for off-site consumption (off-sale) are permitted with an approved conditional use permit.
Use Classification Analysis
FMC Section 15-6704 (Commercial Use Classifications) lists and describes several food and beverage and retail sales use classifications which are as follows:
• General Market. Retail food markets of food and grocery items for offsite preparation and consumption. Typical uses include full-service grocery stores, neighborhood grocery stores, and specialty food stores, such as retail bakeries; candy, nuts, and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production such as pasta shops with retail sales.
FMC Section 15-6802 (Definitions) defines Full-Service Grocery Store as:
• Establishments generally known as supermarkets and other grocery retailers (except convenience retailers) primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this industry are delicatessen-type establishments primarily engaged in retailing a specialized category of food products such as foods from a specific country, ethnicity, or locality not often found in general markets. This definition excludes limited-service restaurants, convenience retailers, gasoline stations with convenience stores, department stores, pharmacies and drug retailers, warehouse clubs and supercenters, and all other general merchandise retailers.
The project as proposed meets the description for General Market. However, it does not meet the definition of a full-service grocery store.
• Healthy Food Grocer. A food and beverage retail sales establishment that (1) dedicates at least 50 percent of retail space to a general line of grocery products intended for home preparation, consumption, and use; and (2) dedicates at least 30 percent of retail space to perishable goods including dairy, fresh, produce, fresh meats, poultry and fish, and frozen foods.
The project does not propose to dedicate at least 50 percent of the retail space to a general line of grocery products intended for home preparation, consumption and use nor does the project propose to dedicate at least 30 percent of the retail space to perishable goods including dairy, fresh, produce, fresh meats, poultry and fish, and frozen foods.
• Liquor Stores. An establishment less than 10,000 square feet in size that sells liquor for offsite consumption and/or that devotes 30 percent or greater floor area to the selling of packaged alcoholic beverages (such as ale, beer, wine, and liquor) for off-site consumption.
Based on the project exhibits (including photos) submitted as part of the application (Exhibit F), the project would not be considered a liquor store given the overall area dedicated to alcohol display is 10.32 percent (< 30 percent).
• Convenience Retail. Establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria. Liquor Stores shall not be considered Convenience Retail.
Based on the exhibits submitted as part of the conditional use permit application, the use was determined to be classified as a General Market and not a Convenience Store or Healthy Food Grocer.
Alcoholic Beverage Control Regulations
In addition to obtaining a Conditional Use Permit from the City of Fresno, the applicant is required to obtain a license from the California Department of Alcoholic Beverage Control (ABC). ABC is awaiting the City’s decision on the subject Conditional Use Permit Application.
Number of Existing and Allowed ABC Licenses
The subject site is located in Census Tract 37.02. According to ABC, Census Tract 37.02 currently has seven (7) active off-sale alcohol licenses; five (5) Type 20 and two (2) Type 21.
ABC authorizes one (1) off-sale alcohol license per 1,271 people within Census Tract 37.02, which has an approximate population of 5,085. Per ABC, a total of four (4) off-sale alcohol licenses are allowed in Census Tract 37.02. Therefore, there are currently three (3) more off-sale alcohol licenses in Census Tract 37.02 than permitted for that census tract.
While this license has not been authorized, if approved, Census Tract 37.02 will have eight (8) off-sale licenses; four (4) more than allowed.
Additionally, according to information provided by ABC in Form 245, this census tract is located in a high-crime area and has a high concentration of off-sale alcohol licenses.
Citywide Development Code
The proposed project shall comply with the Responsible Neighborhood Market Act (RNMA) requirements in FMC Section 15-2706 relating to the sale of alcoholic beverages for off-site consumption.
Pursuant to FMC Section 15-2706(D)(1) (Applicability - New or Expanded Use), any new establishment must obtain a CUP in compliance with the applicable standards, including location restrictions, to ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to provide mechanisms to prevent and correct any associated problems.
Location Restrictions for New Establishments
According to FMC Section 15-2706(F) (Location Restrictions for New Establishments), off-sale alcohol establishments are prohibited if they are within one of the following areas:
1. Near Sensitive Uses. The establishment shall not be located within 1,000 feet of the following:
a) A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or daycare facility.
b) A public or private State-licensed or accredited school or
c) An alcohol or other drug abuse recovery or treatment facility.
Meets Requirement: The proposed establishment is not within 1,000 feet of a sensitive use.
2. Near Other Alcoholic Beverage Establishments. The establishment shall not be located within 1,000 feet of an existing establishment, nor may it lead to a grouping of more than four establishments within a 1,000-foot radius. Notwithstanding this requirement, an establishment shall not be within 500 feet of an existing establishment when an establishment is in a Census Tract that is not oversaturated with off-sale licenses.
Does Not Meet Requirement: There are two existing off-sale alcohol establishments within 1,000 feet of the proposed project - U Save Liquor convenience store located at 2576 North Hughes Avenue and a USA Gas and Food service station located at 1930 West Clinton Avenue. U Save Liquor is ±420 feet southeast from the proposed project site and has an active Type 21 ABC license. USA Gas and Food is ±866 feet southeast of the project site and has an active Type 20 ABC license.
3. Within High Crime Areas. The establishment shall not be located in an area of high crime, as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control (ABC).
Does Not Meet Requirement: ABC states that if the total number of offenses in a reporting district is greater than 120% of the average number of offenses, then the location is within an area of high crime. According to data collected by the Fresno Police Department - Central District and ABC, the proposed establishment is located in an area with high crime. In the year 2023, there were a total number of 306 reported crimes in the police zone the subject property is located in (2050). Pursuant to California Business and Professional Code 23958.4(c)(2), “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. In comparison, the two easterly adjoining police zones (2051 & 2151) have significantly fewer reported crimes in the year 2023. Police Zone 2051 has a total number of 133 reported crimes and Police Zone 2151 has a total number of 155 reported crimes.
4. Within High Concentration Areas. The establishment shall not be located in an area of high concentration, as defined by the California Business and Professions Code 23958.4(a)(3) et seq., and as determined by the Department of Alcoholic Beverage Control.
Does Not Meet Requirement: The project site is located within Census Tract 37.02, which allows four (4) off-sale licenses. Census Tract 37.02 currently has seven (7) off-sale licenses. Approval of the proposed project would result in eight (8) existing licenses which is greater than the license amount allowed for the population in this Census Tract. Thus, the proposed location is in a high concentration area.
5. Citywide Ratio. No establishment shall be granted a Conditional Use Permit under this section if the number of sites selling alcohol for off-site consumption exceeds one license per 2,500 residents. This ratio requirement shall not apply to one existing establishment that must obtain a CUP pursuant to this ordinance due to proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance; (2) new establishments that utilize the Cancel and Transfer provisions stated in Section S.; or (3) an existing establishment that is in good standing which has a change in the ABC License holder, specifically partner franchisees.
Does Not Meet Requirement: According to the United States Census Bureau, the City of Fresno has an estimated population of 545,567 residents (2022 Census). Per the established citywide ratio requirements noted above (one per 2,500 residents), there shall be no more than 218 off-sale licenses within the City of Fresno.
According to the State of California Alcoholic Beverage Control there are a total of 502 active off-sale alcohol licenses (Type 20 & 21) currently within the City of Fresno. Therefore, the current citywide ratio of existing off-sale licenses is one license per 1,084 residents, which exceeds the established ratio. Furthermore, this request to establish a new off-sale alcohol license at this location is not due to a proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance nor does the request involve an existing establishment that is in good standing which has a change in the ABC license holder, specifically partner franchisees. However, if approved, the operator would be required to comply with the Cancel and Transfer provisions stated in Section S of FMC Section 15-2706, because none of the exemptions under FMC Section 15-2706(S)(3) apply.
The existing establishment is not in compliance with four (4) of the five (5) location restrictions pursuant to FMC Section 15-2706(F), as the site is located near two (2) existing off-sale alcoholic beverage establishments, the proposed establishment will add to an overconcentrated census tract where there are currently eight (8) licenses when only four (4) licenses are allowed, the project lies within an area of high crime as determined by ABC, and the citywide ratio is exceeded.
Exceptions from Location Restrictions
According to FMC Section 15-2706(F)(6), a new establishment may be excepted from the location restrictions if the Review Authority determines all of the following:
a. The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed use (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area.
Does Not Qualify: According to the memo provided by the Fresno Police Department - Central District dated November 1, 2024 (Exhibit H), the project would be detrimental to public health, safety, or welfare of persons located in the area, and it would increase the severity of existing law enforcement or public nuisance problems in the area. There are seventeen (17) existing locations within a one-mile radius that have (ABC) Type 20/21 alcohol licenses (Off-Sale beer and wine/Off-sale general). In the past 24 months, these locations have accounted for 925 calls for service amounting to an average of 27 calls for service annually for each location, approximately two (2) calls for service a month. Thirty percent (30%) of the calls for service (275 total calls) were related to violent crime or weapons violations.
b. The proposed off-premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience.
Does Qualify: The addition of beer and wine sales is incidental to the proposed retail use. A’s Family Market is a local general store that provides a variety of services to an underserved neighborhood and desires to expand their range of services to attract new clientele. The services they currently provide and the services they propose to provide in the upcoming future include a meat department, a fresh produce section, a payment center that provides multiple services, and a small-scale restaurant within the retail area of the store. In addition to grocery items, A’s Family Market also offers a variety of everyday supplies to meet their customers’ needs.
c. The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety.
Does Qualify: The existing commercial building is currently operating as a convenience retail store based on a site visit conducted by City staff, but is working to expand functionality to operate as a General Market. The off-sale of beer and wine will add to the services already being provided to residents in the area in conjunction with other proposed services A’s is working to implement. A’s Family Market would act as a public convenience for members of the community, especially those that do not have transportation, due to its proximity to residential neighborhoods.
d. The primary use of the establishment, based on information provided by the applicant, has been determined by the Review Authority to meet the definition of a General Market, including a supermarket, neighborhood grocery store, or a Healthy Food Grocer.
Does Qualify: As proposed, the project meets the description of a General Market. If approved, the project will be conditioned to require a site visit to verify compliance with the definition of a General Market prior to issuance of an ABC license and/or commencement of off-site alcohol sales.
Based upon the analysis above, not all of the required findings for the exceptions to the location restrictions pursuant to Section 15-2706(F)(6) could be made. It has been determined by the Police Department - Central District that the A’s Family Market would be detrimental to public health, safety, and welfare of persons located in the area and will increase the severity of existing law enforcement or public nuisance problems in the area. While the proposed off-premises sale of alcoholic beverages would be incidental and appurtenant to a larger retail use and provide a more complete and convenient shopping experience, and the project meets the definition of a General Market, it nonetheless does not meet all the required findings to be excepted from the location restrictions.
Existing Establishment Relocation Exception
According to FMC Section 15-2706(F)(7), an existing establishment that relocates and holds a Conditional Use Permit pursuant to this ordinance may be excepted from the location restrictions if the proposed relocation is located:
a) across the street and within a 1/4-mile radius of the current location.
b) within the same Council District.
c) within the same Census Tract.
d) not within 500 feet of a nursery school, preschool, a public or private State-licensed or accredited school or daycare facility; and
e) not in an area of high crime, as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control.
Does Not Qualify. The project does not involve the relocation of an existing establishment.
Full-Service Grocery Store Exception:
Pursuant to FMC Section 15-2706(F)(8), new establishments may be excepted from the location restrictions if the primary use of the establishment, based upon information provided by the applicant, that has been determined by the Review Authority to meet the definition of a Full-Service Grocery Store, including a supermarket, neighborhood grocery store or a Healthy Food Grocer as defined in the FMC.
Does Not Qualify. As noted in the analysis above, the project does not meet the definition of a Full-Service Grocery Store. Therefore, the project does not qualify for this exception.
Given the project does not comply with applicable location restrictions and the project does not qualify for an exception to the location restrictions, the use is not permitted and a CUP authorizing the establishment of an alcohol license for off-site consumption shall not be approved. The Director of the Planning and Development Department denied the application on February 6, 2025.
Fresno Police Department Review
As mentioned above, the Fresno Police Department - Central District provided a memo dated November 1, 2024, which determined the project would be detrimental to public health, safety, or welfare of persons located in the area, and would increase the severity of existing law enforcement or public nuisance problems in the area. Additionally, the Fresno Police Department provided a memo dated November 12, 2024 (Exhibit H), which included Police Department’s conditions and requirements that are to be included are included in the Conditions of Approval if the project is approved.
Fresno Unified School District Review
On April 30, 2024, Fresno Unified School District provided a comment letter stating their opposition to the proposed project due to Homan Elementary School being 1,450 feet away from the project site. Per the development code, off-sale establishments shall not be located within 1,000 feet of a school or other sensitive use.
Other Agencies
The project was routed to several partner departments and agencies for comment. However, due to the Director’s denial of Conditional Use Permit Application No. P24-01344 on February 6, 2025, no conditions of approval were issued. See Exhibit H for all written agency comments received which have been included as part of the draft Conditions of Approval (Exhibit G).
Public Notice and Input
Council District 1 Project Committee Review
The project was reviewed by the Council District 1 Project Review Committee on May 9, 2024. The committee recommended the approval of the application.
Notice of Intent
Pursuant to FMC Sections 15-5007 and 15-5305, the Planning and Development Department mailed a Notice of Intent to Take Action (Exhibit I) - a neighborhood notice, to surrounding property owners within 1,000 feet of the subject site on April 25, 2024. No responses in support of or opposition to the project were received.
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property and to the appellant on March 21, 2025 (Exhibit E).
LAND USE PLANS AND POLICIES
The Fresno General Plan and Fresno High - Roeding Community Plan designate the subject site for Commercial - Community planned land uses and provide objectives to guide the development of these projects. The CC (Commercial Community) zone district is intended for commercial development that primarily serves local needs such as convenience shopping and offices. Specific uses allowed include medium-scale retail, office, civic and entertainment uses, supermarkets, drug stores, and supporting uses. The project will not meet applicable goals, policies, and objectives of the Fresno General Plan per elements from the Urban Form, Land Use & Design, Historic Resources, and Healthy Communities:
Goal: Increase opportunity, economic development, business, and job creation. Use urban form, land use, and Development Code policies to streamline permit approval, promote local educational excellence and workforce relevance, significantly increase business development and expansion, retain and attract talented people, create jobs, and sustained economic growth, strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail, or employment.
• Goal 9: Promote a city of healthy communities and improve quality of life in established neighborhoods.
• Goal 16: Protect and improve public health and safety.
Alcohol Sales
High exposure to the easy availability of alcohol sales affects public health, safety, and quality of life in a neighborhood. Alcohol sales outlets that are near other outlets, or are in close proximity to sensitive uses, increase the perceived lack of safety in a neighborhood. Moreover, concentrations of such outlets can contribute to a variety of health and safety problems including higher rates of alcohol-related hospitalizations, drunken driving accidents, and pedestrian injuries.
As noted within the Public Utilities and Services section of the Fresno General Plan, the location and prevalence of off-sale alcohol sales can have a negative effect on neighborhood health. In public meetings held during the development of the General Plan, the following concerns were discussed:
• Market saturation. Some neighborhoods feel they have an overabundance of establishments with off-sale licenses to sell alcohol.
• Fear of crime. Community members often see a strong relationship between establishments with off-sale licenses to sell liquor and rates of nuisance and crime.
• Danger to schools. Residents are concerned when alcohol sales are allowed too close to schools because of the impact on teenage drinking.
It has been suggested that alcohol sales establishments possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when such establishments are concentrated near one another. For this purpose, Section 15-2706 of the FMC contains restrictions on the location for new establishments proposing to sell alcohol.
These restrictions are based upon proximity to schools, public parks, playgrounds, and recreational areas, as well as other youth facilities such as day care facilities. In addition, restrictions apply based upon proximity to alcohol or drug abuse recovery or treatment facilities, proximity to other establishments which sell alcoholic beverages; and, within areas of high crime. The City of Fresno relies on information from the Police Department and the Alcoholic Beverage Control (ABC) in the consideration of permit applications respective to areas of high crime or an overconcentration of ABC licenses.
There are no applicable policies within the Fresno High Community Plan that restrict alcohol sales compared to those already provided in the Fresno General Plan and the Fresno Municipal Code.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a), CEQA does not apply to projects which a public agency rejects or disapproves. Therefore, no environmental findings are necessary to adopt a Staff recommendation for denial of Conditional Use Permit Application No. P24-01344, to establish a Type 20 (Off-Sale beer and wine) alcohol sales license.
However, should the Planning Commission: (1) find the project meets all of the exceptions to the location restrictions in accordance with FMC Section 15-2706(F)(6); (2) make the required findings in accordance with FMC Section 15-5306; and (3) grants approval of the request to obtain a Type 20 ABC license, then adoption of a Section 15301/Class 1 (Existing Facilities) Categorical Exemption, pursuant to the California Environmental Quality Act (CEQA) Guidelines, is considered appropriate. The attached Categorical Exemption was prepared for Environmental Assessment No. P24-01344, dated April 2, 2025 (Exhibit L) may be adopted by the Planning Commission if the required findings are made as set forth above.
FRESNO MUNICIPAL CODE FINDINGS
The required findings for a CUP under Section 15-5306 of the FMC are as follows:
a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and,
b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and,
c. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; and,
d. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and,
e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required; and,
f. The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5.
Based upon analysis of the application, Staff concludes that the required findings made by the Director to deny the conditional use permit under FMC Section 15-5306 (A, C & D) are appropriate. These findings are attached as Exhibit M.
If the Planning Commission decides to grant approval of the request to establish a Type 20 ABC license, the Commission must find that there is substantial evidence in the administrative record to make all the findings mentioned above and amend them to include the sale of alcohol. The Planning Commission shall also find that there is substantial evidence in the administrative record to determine all of the following elements in accordance with FMC Section 15-2706(F)(6), (Exceptions) apply:
a. The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed use a) would be detrimental to the public health, safety, or welfare of persons located in the area, or b) would increase the severity of existing law enforcement or public nuisance problems in the area.
b. The proposed off premises sale of alcoholic beverages is incidental an appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.
c. The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety.
d. The primary use of the establishment, based on information provided by the applicant, has been determined by the Review Authority to meet the definition of a General Market including a supermarket, neighborhood grocery store or a Healthy Food Grocer.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, the Fresno High - Roeding Community Plan, compliance with specific provisions of the Development Code; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above. Based upon this evaluation, it can be concluded that Conditional Use Permit Application No. P24-01344, a request to establish a Type 20 alcohol license, is not appropriate for the subject property.
If the Planning Commission decides to grant approval of the proposed project, the Commission must find that there is substantial evidence in the administrative record that the project can be excepted from the location restrictions pursuant to FMC Section 15-2706(F)(6) and make the required findings of FMC Section 15-5306. Should the Planning Commission make the required findings, approval of the CUP application shall be subject to the applicant’s compliance with the Draft Conditions of Approval (Exhibit G).
Action by the Planning Commission is final unless appealed to the City Council in accordance with Section 15-5017 of the FMC.
ATTACHMENTS:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Zoning Map
Exhibit D - Project Information Tables
Exhibit E - Project Operational Statement
Exhibit F - Exhibits (Site Plan, Elevations, Floor Plan)
Exhibit G - Drafted Conditions of Approval [04/02/2025]
Exhibit H - Department & Agency Comments
Exhibit I - Noticing Map, NOITTA, NOA, NOPH
Exhibit J - Denial Letter
Exhibit K - Appeal Letter
Exhibit L - Drafted Environmental Assessment [04/02/2025]
Exhibit M - Fresno Municipal Code Findings
Exhibit N - Policy & Procedure No C-005
Supplemental Exhibit O - Comment Letter Received by Public