REPORT TO THE PLANNING COMMISSION
May 7, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department
BY: SAUL PEREZ, Planner II
Planning and Development Department
SUBJECT
Title
Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P23-02631, requesting authorization to establish a banquet hall within an existing ±8,384 tenant space located at 4927 East McKinley Avenue, on the northwest corner of East McKinley Avenue and North Fine Avenue (Council District 4) - Planning and Development Department.
1. DENY the Appellant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P23-02631, requesting authorization to establish and operate an ± 8,384 square foot banquet hall.
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EXECUTIVE SUMMARY
Conditional Use Permit Application No. P23-02631 was filed by Xiamy Ly-Yang of Rivendell Community Inc. and pertains to ±1.57 acres of developed property located at 4927 East McKinley Avenue, on the northwest corner of East McKinley Avenue and North Fine Avenue. The applicant requests authorization to establish and operate an approximately 8,384 square-foot banquet hall in combination with an existing adult day care center.
On March 21, 2025, the Director of Planning and Development denied the Conditional Use Permit Application No. P23-02631 due to the project’s inability to satisfy the requirements of Fresno Municipal Code (FMC) Section 15-2409 (Required Parking, Other Districts) and the inability to make the required findings for conditional use permits under FMC Section 15-5306 (Exhibit J, Fresno Municipal Code Findings). The denial letter is attached as Exhibit L.
The Director’s decision to deny the request was appealed by Councilmember Tyler Maxwell, on April 2, 2025 (Exhibit M). Staff recommends upholding 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 on-site parking requirements contained in FMC Section 15-2409; and 2) specific Findings made by the Director in denial of the Conditional Use Permit contained in Section 15-5306 remain valid.
BACKGROUND
The project pertains to an existing ±8,384 square-foot tenant space located within Airport Village, which is currently developed with a multi-tenant commercial office building and an associated parking lot. The applicant currently operates Rivendell Community Day Care within the subject tenant space which is classified as an Adult Day Care Center. In addition to providing day care services as the primary use, the space has also been used to host evening and weekend events for local organizations. The operator also rents out the space for private events, including weddings, birthday parties, memorials, and dances. The accessory use of the tenant space is classified as a Banquet Hall, which the applicant has not received authorization to operate.
On May 10, 2023, Code Enforcement Case No. E23-04774 was opened in response to an unpermitted banquet hall operating at the subject property. The subject property is currently located in the CC (Commercial - Community) zone district. Pursuant to FMC Table 15-1202 (Land Use Regulations - Commercial Districts), Banquet Halls are permitted in the CC zone district subject to an approved Conditional Use Permit and additional regulations in accordance with Section 15-2712 (Banquet Halls) of the FMC. The two (2) different uses (Day Care Center and Banquet Hall) will occur at the same location under the same operator. Pursuant to Section 15-1202-D, the two (2) uses are permitted in combination at the subject site.
To address the violation and legally permit the banquet hall use, the applicant (Xiamy Ly-Yang) submitted the subject Conditional Use Permit Application No. P23-02631. The proposed ±8,384 square-foot banquet hall would operate in combination with Rivendell Community Day Care Center. The banquet hall’s proposed hours of operation are 6:00 p.m. to 11:00 p.m. on weekdays and 6:00 p.m. to midnight on weekends which are outside of the day care centers normal business hours.
Parking Analysis
The project is subject to the parking requirements of FMC Table 15-2409 (Required On-Site Parking Spaces), which requires one (1) on-site parking space for each five (5) permanent seats in the main assembly area, or one (1) for every 50 square feet of assembly area for group activities or where temporary or movable seats are provided, whichever is greater. According to the floor plan (Exhibit A), the assembly area is approximately ±6,764 square feet. Therefore, 135 on-site parking spaces are required.
The proposed Banquet Hall facility is to be located within a commercial office building which includes shared parking, and which is developed across two adjoining parcels. The subject parcel (Parcel A) is approximately 1.57 acres, and the adjoining parcel (Parcel B) is approximately 0.69 acres. As previously mentioned, the subject property (Parcel A) is developed with an existing commercial office building and parking facilities. The adjoining property (Parcel B) is partially developed with a shared parking lot and vacant building pad. The existing shared parking facilities are currently developed to serve both Parcels.
Parcel A has 54 existing on-site parking spaces. Three (3) of the existing parking spaces are proposed to be removed to provide a painted pedestrian path of travel aisle. Parcel B has approximately 41 existing parking spaces. In total, there are only 95 existing parking spaces; 43 spaces less than the minimum required parking spaces for a banquet hall.
A recorded cross access agreement between the project site (Parcel A) and the adjacent property (Parcel B) has been in effect since 1981 and attached as Exhibit N (Cross Access Document No. 108566). The agreement allows for shared parking, vehicular and pedestrian access (ingress and egress) between the two (2) parcels which were created under Parcel Map No. 81-27 (Exhibit O). While the shared parking agreement allows the property owners of Parcels A and B to claim parking spaces on either Parcel A or B for the purpose of satisfying minimum parking requirements, the agreement does not require the adjoining property (Parcel B) to provide parking for uses on the subject property (Parcel A). The cross access agreement is set to expire in 2031. Therefore, the number of existing parking spaces on the subject and adjoining parcel is insufficient to accommodate the proposed use.
Pursuant to FMC Section 15-2412-B, the proposed banquet hall project does not qualify for an exception to the parking space requirements imposed by the provisions of the development code and does not qualify for any parking reductions in accordance with FMC Section 15-2413.
Pursuant to FMC Section 15-5602-B (Minor Deviations - All Other Development Standards) Minor Deviations may be used to grant relief from development standards (including minimum parking requirements) by no more than 10 percent. For this project, a Minor Deviation would only grant relief of 14 parking spaces. Even with a Minor Deviation, the project would be under parked by 26 spaces.
Pursuant to FMC Section 15-2414 (Off-Site Parking Spaces for Non-Residential Uses), parking facilities for uses other than residential uses (not including mixed-use projects), may be provided off-site with approval of a Conditional Use Permit if:
1. The off-street parking is proposed in a district that permits the proposed use that the parking is serving. A parcel may not house parking for a use that is not permitted on the site;
2. The parking site is located within 400 feet of the use;
3. The site is along an improved pedestrian route that connects to the principal entrance containing the use(s) for which the parking is required;
4. On the same side of the street, across an alley, or across a local street; and
5. There is a written agreement between the landowner(s) and the City in the form of a covenant guaranteeing among the landowner(s) for access to and use of the parking facility and that the spaces will be maintained and reserved for the uses served for as long as such uses are in operation.
A neighboring property owner in the vicinity (4969 East McKinley Avenue, APN: 494-292-01) agreed to allow the proposed banquet hall to use their existing parking lot to provide remaining 43 parking spaces.
The neighboring parking facility meets the off-site parking criteria above and a shared parking covenant was prepared and sent to the applicant and adjacent property owner for signature. However, the adjacent property owner decided not to sign the covenant. Therefore, without a recorded covenant, the project does not satisfy the requirements of Section 15-2414 to allow for shared parking and the project meet the minimum parking requirement.
Public Notice and Input
Council District 4 Project Review Committee
The Council District 4 Project Review Committee reviewed this proposed project on March 7, 2024. Four of the committee members recommended approval of the project and there were no members in opposition.
Neighborhood Notice
A Notice of Intent to Take Action was mailed on November 22, 2023 to property owners within 1,000 feet of the project site (Exhibit K). Two comments (Exhibit I) in opposition were received within the ten-day comment period.
The comment letters expressed concerns about building occupancy requirements, ADA accessibility requirements, violations of the recorded CC&Rs, lack of on-site parking, parking of cars on adjacent property without property owner’s permission, noise, traffic, reports of fights and illegal activity, the number of people using the facility, and the hours of operation.
Notice of Action
On March 21, 2025, the Director of Planning and Development denied the Conditional Use Permit Application No. P23-02631, and a Notice of Action (Exhibit K) was sent to the applicant/property owner, posted on the City’s website, and to individuals who filed a written request for such notification pursuant to FMC Section 15-5009.
On April 2, 2025, Councilmember Tyler Maxwell appealed the Director’s decision (Exhibit M).
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 on April 25, 2025 (Exhibit K).
Other Agencies
The project was routed to other agencies for review. Should the project be approved on appeal, the comments have been provided to incorporate into the Conditions of Approval (Exhibit G).
Land Use Plans And Policies
Fresno General Plan
The Fresno General Plan designates the subject site for Community Commercial planned land uses and provides objectives to guide in the development of these projects. Community Commercial is intended for commercial development that primarily serves local needs such as convenience shopping and small offices. Many of the city’s current commercial districts fall into this designation. Conditional Use Permit Application No. P23-02631 meets the policies and objectives of the Fresno General Plan.
McLane Community Plan
No applicable goals or policies are more restrictive than those included in the Fresno Municipal Code and General Plan guidelines. In the event there’s a conflict between the General Plan or Development Code and the McLane Community Plan, the General Plan or Development Code shall prevail.
ENVIRONMENTAL FINDINGS
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects that are disapproved are not subject to CEQA. Therefore, no environmental findings are necessary to adopt a staff recommendation for denial of Conditional Use Permit Application No. P23-02631, to allow the establishment of a banquet hall.
However, should the Planning Commission make the required findings in accordance with Section 15-5306 of the FMC and grant approval of the request to establish a banquet hall, then adoption of a Section 15301/Class 1 (Existing Facilities) Categorical Exemption pursuant to the CEQA guidelines is considered appropriate. The attached Categorical Exemption dated May 7, 2025, was prepared and may be adopted by the Planning Commission if the required findings are made as set forth below (Exhibit H).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application, staff concludes that the required findings contained within FMC Section 15-5306 cannot be made, on the basis that the project does not comply with all applicable provisions of the development code; would be detrimental to surrounding properties; and that the site is not large enough to accommodate the proposed activity. These findings are attached as Exhibit J.
If the Planning Commission decides to grant approval of the Conditional Use Permit, the Commission must find that there is substantial evidence in the administrative record to make all the findings and amend them to allow a banquet hall to operate in combination with an adult day care facility.
CONCLUSION
The appropriateness of the proposed use has been examined with respect to its consistency with goals and policies of the McLane Community Plan and Fresno General Plan; its compatibility with surrounding existing and proposed uses; its avoidance of potentially significant adverse environmental impacts; and the project’s compliance with the requirements of Section 15-5306 of the FMC (Conditional Use Permit Findings). These factors have been evaluated as described above and the Director was unable to make the required findings. Therefore, in accordance with Chapter 15, Article 53, Section 15-5306 of the FMC, the project cannot be approved.
If the Planning Commission decides to grant approval of the appeal, the Commission must find that there is substantial evidence in the administrative record that the project conforms to all of the criteria to approve a Conditional Use Permit request and make the required findings of Section 15-5306 of the FMC. Should the Planning Commission make the required findings, approval of the Conditional Use Permit 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 - Project Exhibits (Site Plan and Floor Plan)
Exhibit B - Operational Statement
Exhibit C - Vicinity Map
Exhibit D - Aerial Photograph
Exhibit E - Fresno General Plan Land Use and Zoning Map
Exhibit F - Project Information Tables
Exhibit G - Drafted Conditions of Approval with Comments from Responsible Agencies [5-7-2025]
Exhibit H - Drafted Categorical Exemption [5-7-2025]
Exhibit I - Public Comments
Exhibit J - Fresno Municipal Code Findings
Exhibit K - Noticing Map, NOITTA, NOA, NOPH
Exhibit L - Denial Letter
Exhibit M - Appeal Letter
Exhibit N - Cross Access Document No. 108566
Exhibit O - Parcel Map No. 81-27
Supplemental Exhibit P - Comment Letters Received from Public