REPORT TO THE PLANNING COMMISSION
December 17, 2025
FROM: ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department
ROBERT HOLT, Supervising Planner
Planning and Development Department
BY: VALERIA RAMIREZ, Planner II
Planning and Development Department
SUBJECT
Title
Consideration of an appeal of Conditional Use Permit Application No. P25-01134, which requests authorization to establish a ±6,450 square-foot banquet hall within an existing ±12,050 square-foot building with a ±9,202 square-foot outdoor courtyard. Additionally, the applicant is requesting authorization to establish a State of California Type 47 ABC license (On-Sale General - Eating Place), which authorizes the sale of beer, wine, and distilled spirits for on- and off-site consumption (Council District 4) - Planning and Development Department.
1. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P25-01134, authorizing the establishment of a banquet hall within an existing building and related Type 47 ABC license, subject to Conditions of Approval dated October 15, 2025.
Body
EXECUTIVE SUMMARY
Conditional Use Permit Application No. P25-01134 was filed by Dirk Poeschel of Dirk Poeschel Land Development Services, Inc., on behalf of Dio Stefanopoulos of Aeronot Design, and pertains to ±2.96 acres of developed property located at 280 West Shaw Avenue, on the northeast corner of West Shaw and North College Avenues. The application requests authorizing the establishment of a banquet hall (The Monterno) with related Type 47 ABC license. The subject property is located in the CMX (Corridor/Center Mixed-Use) zone district.
On October 15, 2025, the Planning and Development Director approved Conditional Use Permit Application No. P25-01134 based upon the project’s compliance with all applicable development and operational standards and the ability to make the required findings for Conditional Use Permits pursuant to Fresno Municipal Code (FMC) Section 15-5306 (Exhibit K).
A Notice of Action (Exhibit G) was posted with the Fresno City Clerk on October 15, 2025, and mailed to neighbors that requested to receive it. Two (2) appeals of the Director’s decision were filed by the appeal deadline of October 30, 2025 (Exhibit I). Therefore, the application has been scheduled for consideration by the Planning Commission.
Staff recommends upholding the Director’s approval based on substantial evidence detailed in this staff report that: 1) the Conditional Use Permit application meets all requirements contained in the FMC; and 2) the specific findings made by the Director in approving the Conditional Use Permit contained in Section 15-5306 of the FMC remain valid.
BACKGROUND
Subject and Surrounding Properties
The project pertains to a ±2.96-acre developed site located on the northeast corner of North College and West Shaw Avenues. The subject property is planned and zoned for Corridor/Center Mixed-Use. The southern portion of the site (fronting onto West Shaw Avenue) is currently developed with an existing building (±12,050 square feet) that was previously used for a church and is partially occupied by an architectural studio. A second ±2,200 square-foot building that is not a part of the project is located on the southwest corner of the site. An existing parking lot that serves the building is located on the northern portion of the site. The existing off-site improvements along North College Avenue include curb, gutter, and two (2) drive approaches that provide vehicular access to the existing parking lot. The existing off-site improvements along West Shaw Avenue include existing curb, gutter, and sidewalk. The site currently has an existing chain-link fence along the northern property line and a combination of wood fencing and adobe brick wall along a portion of the eastern property line.
The surrounding properties to the north and to the east are planned and zoned for Corridor/Center Mixed-Use, and the properties to the west are planned for Corridor/Center Mixed Use and Residential - Medium Density land uses. The surrounding properties are primarily developed as residential uses to the north, east, and west. However, there is also an existing multi-tenant office building to the east along the West Shaw Avenue frontage
Proposed Project
Conditional Use Permit Application No. P25-01134 proposes the adaptive reuse of the former church building to be utilized as a banquet hall (The Monterno). Approximately ±6,450 square feet of the existing building will be utilized for banquets and events while the remaining ±5,600 square feet will continue to be utilized by the existing architectural studio. The proposed banquet hall/event facility will also include a ±9,202 square-foot outdoor courtyard with an outdoor pizza oven, and two (2) hookups for food trucks on the north side of the building. Additionally, the application includes a request to establish a State of California Alcoholic Beverage Control (ABC)Type 47 alcohol license (On-Sale General - Eating Place), which authorizes the sale, service, and consumption of beer, wine, and distilled spirits on the licensed premises.
The proposed banquet hall will operate Monday through Saturday from 10:00 a.m. to 10:00 p.m. and be utilized for a variety of events including weddings, receptions, birthdays, anniversaries, company parties, cooperate events, and meetings, with the adjacent outdoor courtyard serving as the designated area for catered dining activities associated with events. Most events will be catered by private companies.
The project also proposes a 5’-6” perimeter decorative wrought-iron fence along the southern (West Shaw Avenue frontage) and western (North College Avenue frontage) property lines.
The site currently has 150 parking spaces that are shared between the tenants of the existing buildings. The project proposes to remove seven (7) parking spaces to accommodate the proposed courtyard. Thus, the project will result in a total of 143 on-site parking spaces to serve all existing and proposed uses on the site.
Zoning
Pursuant to Table 15-1102 (Land Use Regulations - Mixed Use Districts) of the FMC, Banquet Halls, are permitted in the CMX zone district subject to an approved conditional use permit and compliance with additional regulations in accordance with FMC Section 15-2712 (Banquet Halls). Additionally, in accordance with FMC Section 15-5302 (Conditional Use Permits - Applicability), an approved conditional use permit is required to establish alcoholic beverage sales. Additional specific use provisions under Section 15-2744 (Outdoor Dining and patio Areas) of the FMC also apply. Therefore, Conditional Use Permit Application No. P25-01134 was filed to facilitate physical development of the site and to allow for the establishment of a new banquet hall (The Monterno) with alcohol sales.
Banquet Hall - FMC Section 15-2712
Banquet Halls or event facilities, collectively referred to as Banquet Halls, may operate as standalone facilities. Activities include, but are not limited to, formal dinners, receptions, reunions, business meetings, benefits, and club meetings. Dancing may be provided in conjunction with said events. Based on the Operational Statement provided by the applicant (Exhibit E), the facility will operate in accordance with the activities described above.
Should a facility offer admission to the general public for the primary purpose of dancing, concerts, or similar activities, it shall be considered a Nightclub and shall comply with Section 15-2751 (Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges) of the FMC. Based on the Operational Statement, the establishment will not offer admission to the general public for this purpose and therefore, the use is not considered a nightclub.
Outdoor Dining and Patio Areas - FMC Section 15-2744
Eating and drinking establishments with outdoor dining and patio areas are subject to compliance with additional requirements and/or development standards. Establishments serving alcohol that are closer than 250 feet from Residential Districts are limited to operating between the hours of 7 a.m. to 10 p.m. Music in outdoor dining areas may not be amplified and shall comply with all applicable noise standards. Additionally, outdoor dining areas greater than 800 square feet require additional parking requirements as described below. The Project has proposed hours of operation that are in compliance with FMC Section 15-2744 and was conditioned to comply with the City’s noise ordinance.
Parking
Pursuant to FMC Section 15-6704, Banquet Hall is considered a Commercial use and is therefore subject to the parking requirements for “All other Commercial uses” in Table 15-2408 of the FMC (Required On-Site Parking Spaces, Mixed-Use Districts and CMS District). All other Commercial uses require one (1) parking space per 600 square feet, which results in 11 parking spaces. Additionally, pursuant to FMC Section 15-2744 (Outdoor Dining and Patio Areas), if the outdoor dining area exceeds 800 square feet, parking is required for the area in excess of 800 square feet at a ratio of 50 percent of what is required for the use. The excess square footage of the proposed outdoor courtyard is ±8,400 square feet, resulting in 28 additional spaces required. Therefore, the proposed banquet hall is required to provide a minimum of 39 parking spaces.
Pursuant to FMC Table 15-2408 (Required On-Site Parking Spaces, Mixed-Use Districts), Office uses are required to provide one (1) parking space per 600 square feet. The existing ±5,600 square-foot architectural studio requires 9 parking spaces. The remainder of the existing building will be classified as Community and Religious Assembly. Pursuant to FMC Table 15-2409 (Required On-Site Parking Spaces, Other Districts) the use requires one (1) parking space for every 50 square feet, resulting in 44 additional parking spaces required. Therefore, the project site is required to have a minimum of 92 parking spaces based on all existing and proposed uses on the project site. The project site currently has 150 parking spaces and will result in 143 total parking spaces with the removal of seven (7) spaces for the proposed courtyard. Therefore, the project will exceed the minimum parking requirements for the use.
Fresno Municipal Code
Given the Conditions of Approval dated October 15, 2025, Conditional Use Permit Application No. P25-01134 will meet all provisions of the FMC including, but not limited to FMC Section 15-1104 (Site Design Development Standards), FMC Section 15-1105 (Façade Design Development Standards), FMC Section 15-2305 (Areas to be Landscaped), FMC Section 15-2408 (Required Parking for Mixed-Use Districts and CMS District), FMC Chapter 15 Article 25 (Performance Standards), FMC Chapter 10 Article 1 (Noise Regulations), FMC Section 15-2712 (Banquet Hall), and Section 15-2744 (Outdoor Dining and patio Areas) (Exhibits F & G).
Public Services
Public Utilities (Sewer, Water, and Solid Waste)
The Department of Public Utilities (DPU) identified that adequate sanitary sewer and water services are available to serve the banquet hall project in its entirety, subject to implementation of the Fresno General Plan policies; the requirements contained within the DPU memorandum (Exhibit F); and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
The developer shall pay the appropriate Water Capacity Fee, as specified in the DPU memorandum, for all new or expanded connections to the City’s water system. Furthermore, the developer shall pay for all new sewer connections and shall be financially responsible for the abandonment of any unused sewer services previously installed on the property as specified in the DPU memorandum. Installation of new sewer service branch(es) shall be required if the existing sewer branches (sewer laterals) are not adequate and/or operational.
The Project was reviewed by the DPU to ensure that the proposed trash enclosures for the Project comply will any applicable policies related to capacity, access, and overall design to ensure that service can be provided to the site without impacts to the site, surrounding properties, or solid waste service to the city. The requirements listed above, and additional requirements have been listed in the DPU memorandum.
Police Department
The Fresno Police Department provided a memo dated June 17, 2025, stating that they are not in opposition to the proposed project provided the Police Department’s conditions are included in the Conditions of Approval and the applicant agrees to comply with the listed conditions. In addition, the Police Department requested to receive notice of the Director’s decision when action is taken.
Fire Department
The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to compliance with Fire Department conditions of approval related to access and design of proposed project.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P25-01134.
PUBLIC NOTICE AND INPUT
Council District 4 Project Review Committee
On September 16, 2025, the Council District 4 Project Review Committee reviewed the project and did not provide a recommendation.
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 to surrounding property owners and residents within 1,000 feet of the subject site on June 16, 2025, in accordance with FMC Section 15-5007 (Exhibit G).
Between June 20, 2025, and June 26, 2025, one (1) member of the public submitted an email in support of the project and 21 members of the public submitted emails in opposition to the project. The opposition cited increased traffic and public safety risks, impacted parking, increased noise and disturbance, lighting, and increased crime.
Twelve (12) members of the public requested notification of the Director’s action on the Project. The comment letters are included in Exhibit H.
Notice of Action
On October 15, 2025, the Project was approved by the Planning and Development Director and a Notice of Action (Exhibit G) was prepared and distributed online and to the individuals that requested to receive it.
On October 16, 2025, and October 21, 2025, two (2) members of the public appealed the Planning and Development Director’s approval to allow for discussion at Planning Commission to explore the conditions of approval related to noise, traffic, appearance, and safety. (Exhibit I).
Notice of Planning Commission Hearing
Pursuant to the requirements of FMC Section 15-5007, a Public Hearing Notice was mailed to all property owners and residents within 1,000 feet of the subject property on November 21, 2025 (Exhibit G).
ANALYSIS OF THE APPEAL
Staff received two (2) appeals of the Director’s decision filed by the deadline of October 30, 2025 (Exhibit I). Analysis of the appeal letters are provided below.
Issue #1: The project is not conditioned to only have background music of no more than 65 decibels with no bands or DJs and a representative of the developer be present at all events.
Staff Response:
Pursuant to FMC Section 15-2744 (Outdoor Dining and Patio Areas), music played within the outdoor courtyard area may not be amplified. The project has been conditioned in accordance with all applicable sections of the Fresno Municipal Code, including the Noise Ordinance. More specifically, pursuant to FMC Section 10-102, ambient noise shall not exceed 65 decibels in a commercial district between the hours of 7 a.m. and 10 p.m. Furthermore, ambient noise shall not exceed 60 decibels in a commercial district between the hours of 10 p.m. and 7 a.m. As proposed in the Operational Statement provided by the applicant (Exhibit E), the property owner will develop a comprehensive security plan to ensure the safety of the banquet hall. The plan will include security personnel, access control, surveillance & monitoring, parking lot & perimeter security, incident reporting & communication, and staff & vendor security training. In the memorandum provided by the Police Department, the project has been conditioned to provide one (1) licensed security guard on the premises for every 100 guests during events. There is no requirement in the FMC that a representative of the developer be present at all events.
Issue #2: Traffic after events should be directed towards Shaw and directed away from the neighborhood.
Staff Response:
The Public Works Department, Traffic Engineering Division, has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic that may be potentially generated. And while the surrounding streets are public, North College Avenue does not provide easy access to other major streets to the north, east, or west. Therefore, it is anticipated that the majority of traffic will exit onto West Shaw Avenue and not through the neighborhood.
Issue #3: The erected fence should be painted as the rusting fence is an eyesore.
Staff Response:
The fence is made of wrought iron and was installed in 2025. Pursuant to FMC Section 15-2505-A, fences shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Violations of the FMC pertaining to the condition of a property are investigated and enforced by the Code Enforcement division of the City Attorney’s Office, and are not under the purview of the subject application.
Issue #4: Where will all the guests park when the parking lot is full? There is not enough parking on the street in front of the building, resulting in guests parking along College Avenue in front of homes at all hours of the night, causing damage to lawns and sprinklers.
Staff Response:
As stated in the analysis above, the project is required to provide a minimum of 92 parking spaces for all existing and proposed uses. The project site will have 143 total parking spaces with the removal of seven (7) spaces for the proposed courtyard. There is no requirement for on-street parking in the CMX zone district. Therefore, the project is in compliance with the parking requirements in the FMC. Per the Operational Statement, the hours will be between 10:00 a.m. and 10:00 p.m.
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA) (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a project is exempt from the CEQA. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a determination of a Categorical Exemption under CEQA Guidelines Sections 15301/Class 1 & 15303/Class 3 was adopted under Environmental Assessment No. P25-01134, dated August 18, 2025 and was filed on October 22, 2025 (State Clearinghouse No. 2025100996) (Exhibit J).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the proposed project, staff concludes that the required findings for a Conditional Use Permit contained within Section 15-5306 of the Fresno Municipal Code can be made. These findings are provided in Exhibit K.
CONCLUSION
The appropriateness of the proposed project has been examined for 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, and in the accompanying environmental assessment, and staff concludes that the required findings contained within Section 15-5306 of the FMC can be made. Based upon this evaluation, it can be concluded that the proposed Conditional Use Permit Application No. P25-01134 is appropriate for the subject property.
If the Planning Commission decides to uphold the appeal and deny the request to develop the proposed use, the Commission must find that there is insufficient evidence in the administrative record that the findings required by FMC Section 15-5306 can be made and amend the required findings accordingly.
Action by the Planning Commission will be subject to a 15-day appeal period. An appeal of a Planning Commission action can only be initiated by the City of Fresno Councilmember in whose district the project is located, or by the Mayor.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Zoning Map
Exhibit D - Project Information Tables
Exhibit E - Exhibits (Site Plan, Elevations, Floor Plan, Operational Statement)
Exhibit F - Conditions of Approval
Exhibit G - Notice Map, NOITTA, NOA, and NOPH
Exhibit H - Opposition Letters
Exhibit I - Appeal Letters
Exhibit J - Environmental Assessment
Exhibit K - Fresno Municipal Code Findings