REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning & Development Department
THROUGH: ASHLEY ATKINSON, Assistant Director
Planning & Development Department
BY: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department
STEVEN LIENG, Planner
Planning & Development Department
SUBJECT
Title
HEARING to consider an appeal related to Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, pertaining to an existing ±11,250 square-foot vacant building located on a ±0.26-acre parcel at the northwest corner of Stanislaus and M Streets in downtown Fresno (Council District 3) - Planning & Development Department.
1. CONSIDERATION of Environmental Assessment No. P23-03592, dated July 23, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 (Existing Facilities) Categorical Exemption; and,
2. DENY the appeal and UPHOLD the action of the Planning Commission to approve Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, authorizing the expansion of an existing legal non-conforming Auto/Vehicle Repair (Major) land use and related site operations into a vacant building located across the street subject to compliance with the Conditions of Approval dated April 23, 2024.
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. CONSIDER Environmental Assessment No. P23-03592, dated July 23, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 (Existing Facilities) Categorical Exemption; and,
2. DENY the appeal and UPHOLD the action of the Planning Commission to approve Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, authorizing the expansion of an existing legal non-conforming Auto/Vehicle Repair (Major) land use and related site operations into a vacant building located across the street subject to compliance with the Conditions of Approval dated April 23, 2024.
EXECUTIVE SUMMARY
Kevin Gilio, of A-1 Auto Electric, filed Conditional Use Permit Application No. P23-03592 pertaining to an existing ±11,250 square-foot vacant building located at 2345 Stanislaus Street, on the northwest corner of Stanislaus and N Street in downtown Fresno. The subject property is zoned DTN (Downtown Neighborhoods).
A-1 Auto Electric is an existing full service automotive repair business which is currently operating from its existing establishment at 2320 and 2340 Stanislaus Street, which is located across the street from the subject property (2345 Stanislaus Street). A-1 Auto Electric also has related business operations occurring at 2424 Stanislaus Street and 1408 N Street, which are located on the east side of N Street, between Stanislaus and Tuolumne Streets. According to the Development Code, A-1 Auto Electric is considered a Legal Non-Conforming Use. A-1 Auto Electric seeks to expand its existing automotive repair business and site operations into the existing ±11,250 square-foot vacant building located across the street. The site expansion is inclusive of all the parcels, which will benefit existing and new customers as the demand for auto vehicle repairs has increased.
On April 23, 2024, the Planning and Development Department Director approved Conditional Use Permit Application No. P23-03592 and its related Environmental Assessment.
On May 8, 2024, the Planning and Development Director’s decision was appealed by Councilmember Arias to create an opportunity for public comment (Exhibit J).
On August 7, 2024, the Planning Commission voted 6-0 to deny the appellant’s appeal and uphold the Planning and Development Department Director’s decision to Approve the Conditional Use Permit Application P23-03592 and its related Environmental Assessment. The Planning Commission Resolution (Exhibit L) is attached for more information.
On August 14, 2024, the Planning Commission decision was appealed by Councilmember Arias to open discussion at the City Council regarding the applicability of legal non-conforming uses and land use designations (Exhibit M). Therefore, the subject application is being brought before the City Council for consideration.
Staff recommends the City Council deny the appeal and uphold the Planning Commission’s decision to deny the appeal and uphold the Planning and Development Director’s approvals based on evidence detailed in this staff report, and that the determination of existing circumstances made by the Director in approving the Conditional Use Permit in Sections 15-404-B of the FMC remains valid.
BACKGROUND
Conditional Use Permit Application No. P23-03592 was filed by Kevin Gilio, of A-1 Auto Electric, and pertains to an existing ±11,250 square-foot vacant building located at 2345 Stanislaus Street, on the northwest corner of Stanislaus and N Street in downtown Fresno. The vacant building was previously occupied by “Pro Auto,” an automotive repair business.
Current Site and Operations
A-1 Auto Electric is an existing full service automotive repair business whose current site operations and place of business is located at 2320 and 2340 Stanislaus Street, on the south side Stanislaus Street, between M and N Streets. Automotive repair services that A-1 Auto Electric provides include but are not limited to oil changes; brake and transmission services; routine tune-ups; replacement of belts and hoses, suspension service and replacement, smog testing and repair; electrical and computer diagnostic services; complete engine exchanges; fuel injection services, air-conditioning and heating services; and alternative fuels conversions and alternative fuel repairs.
The primary automotive repair and services that A-1 Auto Electric provides occur within an existing ±18,500 square-foot building located at 2320 Stanislaus Street, on the southeast corner of Stanislaus and M Streets. The property immediately adjacent to A-1 Auto Electric’s automotive repair shop (2340 Stanislaus Street) is currently utilized as a supplemental parking lot to A-1’s primary business operations and serves as employee parking and vehicle storage as needed. Together, the two properties (2320 and 2340 Stanislaus) encompass A-1 Auto Electric’s automotive repair operations.
A-1 Auto Electric also has related business operations occurring at 2424 Stanislaus Street and 1408 N Street which were established in 2011 and 2012 under Site Plan Review Application Nos. S-11-023 and S-12-051. These contiguous properties (±1.37 total acres) are located on the east side of N Street, between Stanislaus and Tuolumne Streets, and were previously owned and operated by the YMCA. Activities that occur at this location are related to A-1’s alternative fuel conversion services, where they convert light- and medium-duty fleet vehicles from petroleum-based products to clean energy solutions allowing vehicles to run on renewable natural, all-electric, hydrogen or propane fuels.
Site Plan Review No. S-11-023 authorized the installation of 6-foot tall wrought iron security fencing and gates at 2424 Stanislaus Street to provide secure parking of overflow vehicles for A-1 Auto Electric’s business. Site Plan Review No. S-12-051 authorized the demolition of four (4) existing structures on the two properties, paving, and installation of additional wrought iron security fencing at 1408 N Street (site of the former YMCA). This project facilitated the staging of vehicles that are dropped off for fuel conversion services.
The properties in which A-1 Auto Electric’s existing operations occur, at 2310, 2320, and 2424 Stanislaus Street, and 1408 N Street, are zoned DTN (Downtown Neighborhoods) and located along Activity Class “C” Street frontages.
Pursuant to Section 15-6704 (Commercial Use Classifications) of the FMC, A-1 Auto Electric would be classified as Automobile/Vehicle Repair, Major which is described as follows:
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, and vehicle painting, but excludes vehicle dismantling or salvaging and tire retreading or recapping.
According to the development code (Table 15-1502, Use Regulations - Downtown Districts), Automobile/Vehicle Repair, Major is not a permitted use in the DTN zone district. Therefore, Automobile/Vehicle Repair, Major uses are outright prohibited. However, A-1 Auto Electric has been operating from its primary business sites (2320 and 2310 Stanislaus Street) since January 1, 1991, and is therefore considered a Legal Non-Conforming Use (grandfathered). Legal non-conforming uses may be continued indefinitely if they have continuously remained in compliance with all terms and conditions imposed upon the use, structure or site feature upon its establishment or imposed upon at any time thereafter, and based on evidence provided by the property owner, tenant, or applicant.
Proposed Site and Operations Expansion
Across the street from A-1 Auto Electric’s primary location, at 2345 Stanislaus Street, is an existing ±11,250 square-foot vacant building. This building was previously occupied by Pro Auto, an automotive repair shop. According to records, Pro Auto ceased operations in 2012. This property is also located within the DTN zone district and along an Activity Class C Street frontage.
A-1 Auto Electric proposes to expand its existing business site operations at 2320 and 2340 Stanislaus Street to the vacant building at 2345 Stanislaus Street. The proposed site expansion would be considered a functional expansion as the site is located directly across the street and within the vicinity of A-1 Auto Electric’s existing site operations.
The expanded site uses that would occur in the ±11,250 square-foot building will include less intensive incidental uses such as routine tune-ups, oil changes, wheel alignments, cooling/heating system service and repair, brake service and repairs, etc.; all of which are services currently being provided at the primary site location. This expansion would not include services related to A-1 Auto Electric’s alternative fuels conversions and alternative fuel repair operations.
Pursuant to FMC Section 15-404-B (Expansion of a Legal Non-Conforming Use), a Legal Non-Conforming use shall not be expanded unless a Conditional Use Permit is granted for such expansion. Therefore, the subject Conditional Use Permit application (P23-03592) proposes the expansion of A-1 Auto Electric’s site and operations to include the former Pro Auto building and property located at 2345 Stanislaus Street.
Prior to the issuance of a Conditional Use Permit for the expansion of a legal non-conforming use, it must be determined that at least one of the following three circumstances exists:
1. The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public.
2. The resultant use and/or project design will aid in the preservation of a historic resource; or
3. The expansion of the use or the enlargement of a structure housing a non-conforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including, but not limited to, regulations for disabled access or seismic retrofit.
Fresno Municipal Code (FMC) Determination
Based upon the history and current state of the subject site (2345 Stanislaus Street), it has been determined that Circumstance No. 1 exists as the building has been abandoned and vacant since 2019. As a result, the building has become dilapidated and a gathering spot for trespassers and others who engage in other illegal activities at the site. By allowing A-1 Auto Electric to expand its existing automotive repair services into the abandoned building, necessary renovations and physical improvements will be made to the building. In addition, the proposed expansion could result in approximately five (5) to ten (10) employees who would work within the building. The combined employee and customer presence and automotive repair activities that would occur at the site would re-activate the property and adjacent street frontages resulting in the elimination of illegal activities that often occur at the site under its current state. The combination of property improvements, reintroduction of activity and operations, and elimination of illegal activities will significantly improve the quality of the nearby surrounding area. Lastly, as mentioned above, the building was previously occupied by Pro Auto, which engaged in the same use that A-1 Auto Electric proposes to engage in under the proposed Conditional Use Permit Application No. P23-03592.
Additional regulations specific to automotive repair businesses under Section 15-2710 (Automobile/Vehicle service and repair, major and minor) of the FMC shall apply. Given the conditions of approval dated April 23, 2024, Conditional Use Permit Application No. P23-03592 will meet all the applicable provisions of the FMC and complies with Section 15-404 (Expansion of a Legal Non-Conforming Use) and the proposed project will comply with these code sections listed above including Section 15-2710 of the FMC.
If the City Council decides to uphold the appeal and deny the request for the expansion of the legal non-conforming use, the council must find that there is insufficient evidence in the administrative record that the circumstances required by Section 15-404-B (Expansion of a Legal Non-Conforming Use) cannot be made, and amend them.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Permit Application No. P23-03592. The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated April 23, 2024 (Exhibit G).
Public Notice and Input
Council District 3 Project Committee Review
On January 23, 2024, the Council District 3 Project Review Committee reviewed this project and voted to recommend approval with no additional comments and/or recommendations.
Notice of Intent to Take Action
Pursuant to FMC Section 15-5305, the Planning and Development Department mailed a Notice of Intent to Take Action (Exhibit I) to surrounding property owners within 1,000 feet of the subject site on January 31, 2024, in accordance with FMC Section 15-5007. One (1) letter was received by Councilmember Arias during the 10-day commenting period who requesting to be notified of the Director’s final action.
Director Action and Notice
On April 23, 2024, the Planning and Development Department Director approved Conditional use Permit Application No. P23-03592 and Pursuant to FMC Section 15-5305, a Notice of Action (Exhibit I) was sent to Councilmember Arias, including the applicant, and property owner on April 23, 2024, in accordance with FMC Section 15-5009.
Appeal of Director’s Decision
On May 8, 2024, an appeal was received by Councilmember Arias opposing the Director’s decision to grant the approval of Conditional Use Permit Application No. P23-03592 (Exhibit G). In the appeal letter, Councilmember Arias stated that the appeal was to open discussion at the Planning Commission in order to create an opportunity for Public Comment. Pursuant to FMC Section 15-5017(A)(1), appeals of Director’s decisions shall be referred to the Planning Commission for consideration.
Notice of Planning Commission Hearing
On July 26, 2024, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property In accordance with Section 15-5007 of the FMC (Exhibit I).
Fresno City Planning Commission Action
On August 7, 2024, the Planning Commission voted 6-0 to deny the appellants appeal and uphold the Planning and Development Department Director’s decision to Approve the Conditional Use Permit Application P23-03592 and its related Environmental Assessment. The Planning Commission Resolution (Exhibit L) are attached for more information.
Appeal of Planning Commission Decision
On August 14, 2024, the Planning Commission’s decision was appealed by Councilmember Arias to open discussion at the City Council to explore the applicability of legal non-conforming uses and land use designations (Exhibit M). Therefore, the subject application is being brought before the City Council for consideration.
Notice of City Council Hearing
On September 13, 2024, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property In accordance with Section 15-5007 of the FMC (Exhibit N).
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption, Section 15301/Class 1 (Existing Facilities) of the CEQA Guidelines was made and Environmental Assessment No. P23-03592 was completed for this project on July 23, 2024 (Exhibit K).
LOCAL PREFERENCE
Local preference was not considered because the project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Planning and Development Department.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Downtown Neighborhoods Community Plan and Fresno General Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts.
The project proposal conforms with the expansion provisions under Section 15-404-B-1 for legal non-conforming uses and the determination that a circumstance exists for the expansion has been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Conditional Use Permit Application No. P23-03592 is appropriate for the project site.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Zoning Map
Exhibit D - Project Information Tables
Exhibit E - Operational Statement
Exhibit F - Exhibits (Site Plan, & Elevation Photos)
Exhibit G - Conditions of Approval [04/23/2024]
Exhibit H - Department & Agency Comments
Exhibit I - Notice Map, NOITTA, NOA, & NOPH
Exhibit J - Appeal Letter
Exhibit K - Environmental Assessment P23-03592 [07/23/2024]
Exhibit L - Planning Commission Resolution No. 13861
Exhibit M - Appeal Letter to City Council
Exhibit N - Notice of Public Hearing for City Council
Exhibit O - PowerPoint Presentation