REPORT TO THE PLANNING COMMISSION
December 6, 2023
FROM: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department
BY: THOMAS VEATCH, Planner
Planning & Development Department
SUBJECT
Title
Consideration of an appeal related to Conditional Use Permit Application No. P19-04757, which requests to establish a State of California Alcoholic Beverage Control Type 21 (off-sale general: beer, wine, and distilled spirits for consumption off the premises where sold) alcohol license for a proposed combination service station and general market with detached car wash located south of West Ashlan Avenue, between State Route 99 and North Golden State Boulevard (Council District 1) - Planning & Development Department.
1. DENY the applicant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P19-04757 requesting to establish a State of California Alcoholic Beverage Control Type 21 (off-sale general: beer, wine, and distilled spirits for consumption off the premises where sold) alcohol license for a proposed service station and general market.
Body
EXECUTIVE SUMMARY
Surjit Singh, of Optimum properties LLC, has filed Conditional Use Permit Application Nos. P19-04757 and P23-02136 pertaining to a 3.68-acre portion of vacant property located south of West Ashlan Avenue, between State Route 99 and North Golden State Boulevard.
Conditional Use Permit Application No. P23-02136 (Commercial Building)
Conditional Use Permit Application No. P23-02136 was filed for proposes of facilitating physical development of the site with a ±9,580 square-foot commercial building with a drive-through lane which will be utilized by a combination service station and grocery market (±4,468 square-feet) with food court (±4,538 square-feet); a ±3,696 square-foot fuel island canopy; and a ±3,600 square-foot car wash building, which combined will occur on a 3.68 acre portion of the property. .
Conditional Use Permit Application No. P19-04757 (Off-Site Alcohol Sales)
The subject application being considered on appeal, Conditional Use Permit Application No. P19-04757, was filed for purposes of establishing a State of California Alcoholic Beverage Control (ABC) Type 21 license (off-sale general: beer, wine, and distilled spirits for consumption off the premises where sold) for the proposed combination service station and with food court.
On October 20, 2023, the Planning & Development Department Director approved related Conditional Use Permit Application No. P23-02136 authorizing the physical development of the property, subject to conditions of approval dated October 23, 2023.
On October 20, 2023, the Planning & Development Department Director denied Conditional Use Permit Application No. P19-04757 as the project does not satisfy the required location restrictions of Section 15-2706-F of the Fresno Municipal Code (FMC) which prohibit an new off-sale establishment that is near other alcoholic beverage establishments and within a high concentrated area, and the inability to make the required findings for conditional use permits under FMC Section 15-5306 (Exhibit I, Fresno Municipal Code Findings).
The Director’s decision to deny the request to establish an off-sale alcohol license was appealed by the applicant on October 25, 2023 (Exhibit K). No appeals pertaining to the Director’s approval of the related Conditional Use Permit Application No. P23-02136 were received. Therefore, only the alcohol related application is being considered by the Planning Commission.
Staff recommends upholding the denial based on evidence detailed in this staff report that; 1) that the conditional use permit application will not meet the location restrictions for alcohol sales nor the exceptions to location restrictions provisions specified under Section 15-2706-F; 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. P23-02136, as approved with conditions dated October 20, 2023, authorizes the construction of a ±9,580 square-foot commercial building with a drive-through lane, which will be utilized by a food court (±4,538 square-feet), a service station and grocery market (±4,468 square-feet), a ±3,696 square-foot fuel island canopy; and a ±3,600 square-foot car wash building on a 3.68 portion of the property. The project will also include on- and off-site improvements, including but not limited to four (4) drive approaches, 91 parking stalls, 12 car wash vacuum bays, sidewalks, and landscaping.
Conditional Use Permit Application No. P19-04757 requests authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (off-sale general: beer, wine, and distilled spirits for consumption off the premises where sold) for the related combination service station and general market.
It’s noted that the project applicant previously owned and operated an establishment with a Type 21 alcohol license (Bal’s Liquor) located at 638 West Olive Avenue, generally located at the northeast corner of West Olive and North Weber Avenues. However, the owner’s property was acquired, and the establishment was required to relocate as a result of the High-Speed Rail project. The applicant’s Type 21 off-sale alcohol license was surrendered (on hold) to ABC necessitating the need to transfer the license to a new retail location to avoid its cancellation by ABC.
The request under this application (P19-04757) would allow the owner to transfer their existing Type 21 off-sale alcohol license that was surrendered to the ABC for use as this new location should it be authorized under an approved Conditional Use Permit. Should Conditional Use Permit Application No. P19-0475 be granted, operations shall occur in accordance with all requirements under Section 15-2706 (Alcohol Sales) and all conditions of approval for the ABC license under this Conditional Use Permit.
The subject property is located within the boundaries of the Fresno General Plan and West Area Community Plan. These plans designate the subject ±3.68-acre project site for Employment - Light Industrial planned land uses. The existing underlying IL (Light Industrial) zone district is consistent with the planned land use designation.
Pursuant to Table 15-1302 and Section 15-2706-D-1 of the FMC, convenience retail, general market, restaurants without alcohol sales, service stations, and car washes are permitted uses in the IL (Light Industrial) zone district, while alcoholic beverage sales for off-site consumption and drive-throughs are permitted with an approved conditional use permit.
Use Classification Analysis
The portion of the project identified as a grocery market would not meet the definition of a Convenience Retail use per Use Classifications of Article 67, which is described as:
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.
While the proposed project would provide frequently needed small personal items or services for travelers or commuters utilizing the facility who may be traveling along State Route Highway 99 or traveling on Golden State Boulevard, the project includes at least 15% of the floorspace devoted to fresh produce, salads, sandwiches, juices, seasonal items, fruits, vegetables, meats, and cheeses. At least another 30% of the floor space includes sales of dry goods, cleaning, and laundry products. Further, the project site and surrounding land uses are designated as light industrial. The site is bounded by State Route 99, which runs southwest of the property, and Golden State Boulevard along the northeast. The project is not within a reasonable walking distance from residential uses or of a size or scale to be satisfactory as a residential convenience retail establishment. The project is of an appropriate size and scale and intended to accommodate large trucks and passenger vehicles commuting through the area on Highway 99 or Golden State Boulevard.
As the proposed sale of alcohol is limited to 4% of the grocery market portion of the project, it would not meet the definition of a Liquor store, which is identified as follows:
Liquor Stores. An establishment less than 10,000 square feet in size that sells liquor for off-site 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.
The proposed grocery market portion of the project is 4,468 square feet and only includes 4.6% of the floor area devoted to alcohol sales; therefore, it would not be considered a Liquor Store.
Therefore, the grocery market portion of the project would be best classified as a general market, as identified below.
General Market. Retail food markets of food and grocery items for off-site preparation and consumption. Typical uses include supermarkets, 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.
As noted above, at least 45% of the market floor space is identified as food and grocery items for off-site preparation and consumption and provides a mixture of the typical uses described above.
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 38.09. According to ABC, Census Tract 38.09 currently has six (6) active off-sale alcohol licenses; four (4) Type 20 and two (2) Type 21 (Exhibit H - Table of existing licenses).
ABC authorizes one off-sale alcohol license per 1,120 people within Census Tract 38.09, which has an approximate population of 5,300. Per ABC, a total of four (4) off-sale alcohol licenses are allowed in Census Tract 38.09. Therefore, there are currently two (2) more off-sale alcohol licenses in Census Tract 38.09 than permitted for that census tract. If the Conditional Use Permit were to be granted and the establishment obtain an off-sale ABC license, Census Tract 38.09 would be overconcentrated by three (3) licenses.
Additionally, according to information provided by the California Department of Alcoholic Beverage Control, ABC-Form 245, this census tract is not located in a high-crime area but has a high concentration of off-sale alcohol licenses.
Fresno Police Department Review
On October 5, 2020, the Fresno Police Department provided a memo stating that they are not in opposition to the proposed project, provided that the project will comply with applicable requirements of the FMC, State and Federal Law, provide surveillance equipment, provide alcohol sales education to employees, prohibit sale of malt liquor in less than 6 packs or wine cooler products in less than 4 pack quantities, locate spirits behind employee counter, provide adequate signage, and requirement for the applicant to provide an approved security plan. The Police Department’s comments and conditions have been incorporated into the draft conditions of approval for Conditional Use Permit Application Nos. P19-04757 and P23-02136 (Exhibit L).
Citywide Development Code
Review Under Responsible Neighborhood Market Act (RNMA)
The RNMA was adopted by the City Council on October 15, 2020, and took effect on November 15, 2020. The Act amended Chapter 15, Article 27, Section 15-2706 of the FMC relating to the sale of alcoholic beverages for off-site consumption.
The proposed conditional use permit shall comply with the requirements of FMC Section 15-2706.
Location Restrictions
According to FMC Section 15-2706-F (Location Restrictions for New Establishments), new 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. Further, the project site is isolated from the nearest residential areas by being surrounded by light industrial land uses, Highway 99, Golden State Boulevard, associated on and off ramps, and grade separations.
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 is one existing alcohol beverage establishment within 1,000 feet of the proposed project, a Snappy Food service station convenience store located at 4095 North Golden State Boulevard, which is also located within Census Tract 38.09 and is generally ±300 feet north from the property line of the proposed project. Additionally, as described below, the census tract is considered overconcentrated.
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).
Meets Requirement: According to comments received from the State of California Alcoholic Beverage Control Department, per ABC Policing Zone 1948, the area for the project is not a high crime area. The event count (total # of offenses in the reporting district is 135, which is under 543 (120% of average # of offenses.
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: Per ABC, the Census Tract 38.09 is currently over-concentrated with four existing licenses allowed and six existing. Approval of the proposed project would result in 7 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. The proposed project involves transferring and re-establishing a surrendered off-sale alcohol beverage license from another area of the City. However, as discussed below, the transfer of this license does not meet with the exception requirements found under FMC Sec. 15-2706-F-7.
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.
Meets Requirement: According to the United States Census Bureau, the City of Fresno has an estimated population of 545,567 residents (2022). 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.
However, pursuant to the exemptions under Section 15-2706-S-3-a, the Cancel and Transfer requirements shall not apply when an establishment is required to relocate as a result of a taking by eminent domain and a license transfer to a new establishment site is necessary due to such taking.
As mentioned in the Background section above, the applicant/owner previously had an existing establishment with Type 21 alcohol license (Ball Liquor) which was required to relocate as a result of property acquisition for the High-Speed Rail project. The existing off-sale alcohol beverage Type 21 license was surrendered to ABC. This license surrender necessitates the need to transfer the license to a new retail location to avoid its cancellation by ABC. As such, the Cancel and Transfer requirements do not apply to this application.
The proposed alcohol beverage establishment is not in compliance with two (2) of the five (5) location restrictions pursuant to FMC Section 15-2706-F, as the site is located within 1,000 feet of an existing off-sale alcoholic beverage establishment, and the new establishment will create an overconcentrated census tract with seven (7) licenses where only four (4) licenses maximum are allowed for the census tract. Therefore, the transfer and re-establishment of the alcohol license would not be allowed per the FMC unless the exceptions (below) are found to be applicable.
Exception 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 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.
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.
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.
Based upon the use classification analysis above, Findings (b) and (d) could be made, as the proposed use is classified as a general market, and the alcohol sales is only 4% of the total floor area which shows the alcohol sales to be incidental and appurtenant to the larger retail use. The Director is unable to make the remainder of the above-stated exception findings as there is insufficient quantifiable evidence to demonstrate the site is not located within an area in which the Chief of Police has determined 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; and that 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.
It's noted that Section 15-2706-F-7 of the FMC provides an exception for relocations of existing establishments. The section states “[a]n 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.
As mentioned above, the applicant had a Type 21 license at an existing establishment (Bal’s Liquor) which was approved under Conditional Use Permit No. C-00-082 on July 14, 2000. However, that establishment was located at 638 West Olive Avenue, approximately 3.35 miles away and not on the same street from the subject property proposed under the current application, in a different Council District (District 3), and in a different Census Tract (Tract 21). As the project does not meet all the requirements of Section 15-2706-F-7, this exemption is not applicable to the current application.
Central Unified School District Review
On November 18, 2020, Central Unified School District provided a comment letter confirming that the proposed establishment is outside the ABC distance limits for schools and provided relevant information regarding developer fee rates for commercial developments (Exhibit L).
Other Agencies
The project was outed to several partner departments and agencies for comment. However, due to the Director’s denial of Conditional Use Permit Application No. P19-04757, comments and conditions received from the applicable agencies were not included in the conditions of approval for related Conditional Use Permit Application No. P23-02136, dated October 20, 2023. See Exhibit E for all written agency comments received.
Should the Planning Commission decide to grant approval of the request to obtain a Type 21 ABC license, then the conditions of approval for Conditional Use Permit Application No. P23-02136, dated October 20, 2023, shall be revised to include comments and conditions related to Conditional Use Permit Application No. P19-04757. All comments received from the applicable agencies have been incorporated into the draft conditions of approval for Conditional Use Permit Application Nos. P23-02136 and P19-04757 (See Exhibit L) dated December 6, 2023.
Public Notice and Input
Council District Project Review Committee
On October 10, 2020, the Council District 1 Project Review Committee considered the proposed project regarding the ABC CUP and voted in favor of the project 4-0-1. Questions were asked regarding overconcentration of licenses in the area, Caltrans input, and if the project was a High-Speed Rail impacted business. The Committee requested the ABC license not move forward without the development application and requested a review. One member of the public spoke in opposition to alcohol licenses in the City, particularly in the neighborhood the project is in.
Notice of Intent to Take Action
On November 13, 2020, a Notice of Intent to Take Action was mailed to surrounding property owners within 1,000 feet of the subject property. One (1) response was received from the owner of the nearby Snappy Food store located to the north. The owner was opposed to the addition of another store in the area.
Notice of Action
On October 20, 2023, the Planning and Development Department Director approved Conditional Use Permit Application No. P23-02136 and denied related Conditional Use Permit Application No. P19-04757. Notices of Action were provided to the applicant and any individual that requested to be notified of action taken (Exhibit J).
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 November 22, 2023 (Exhibit G). No comments have been received to date.
Land Use Plans and Policies
The Fresno General Plan designates the subject site for Employment - Light Industrial planned land uses and provides objectives to guide project development. The project will 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 9: Promote a city of healthy communities and improve the quality of life in established neighborhoods.
o Policy LU-1-a: Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
§ Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
o Policy LU-2-A: Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.
• 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.
Developing the vacant project site would be adequately served by the existing infrastructure and facilities that exist along the roadways serving the project. The proposed project would improve the economic vitality in the City by relocating and establishing a business use that was subject to a governmental taking by the State of California.
The project promotes commercial development and reinvestment within the City and preserves and protects resources by expanding opportunities for development on infill properties that conserve resources and take advantage of existing infrastructure.
West Area Community Plan
Upon reviewing the policies contained in the West Area Community Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan
FRESNO MUNICIPAL CODE FINDINGS
The required findings for a conditional use permit under Section 15-5306 of the Fresno Municipal Code 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 averse 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.
Based upon analysis of the application, Staff concludes that the required findings made by the Director to deny the special permit under FMC Section 15-5306 (A, B, C, D, & E) are appropriate. These findings are attached as Exhibit I.
If the Planning Commission decides to grant approval of the request to obtain a Type 21 ABC license, the Commission must find that there is substantial evidence in the administrative record to make all the findings required by Section 15-5306 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 the following requirements 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 and 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.
ENVIRONMENTAL FINDINGS
The subject application (request for alcohol sales) is a component of a larger project that includes physical development of property. A Section 15332/Class 32 (Infill Development) Categorical Exemption dated October 23, 2023 was prepared for Conditional Use Permit Application Nos. P19-04757 and P23-02136. On October 24, 2023, a Notice of Exemption for the related Environmental Assessment was filed which commenced a 35-day statute of limitations period under CEQA. No requests to appeal the environmental determination were filed pursuant to Section 15-5005-I of the FMC and no court challenges related to the environmental determination were filed during the statute of limitations period. No further environmental findings are required at this time.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, West Area Community Plan, and the Fresno County Airport Land Use Compatibility Plan, compliance with the specific provisions of 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. Upon consideration of this evaluation, it can be concluded that Conditional Use Permit Application No. P19-04757, a request to obtain a Type 21 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 and make the required findings of FMC Section 15-5306. 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 dated October 21, 2023 (Exhibit L).
Action by the Planning Commission is final unless appealed to City Council in accordance with Section 15-5017 of the FMC.
ATTACHMENTS:
Exhibit A - Vicinity Map & Aerial Photograph
Exhibit B - Planned Land Use & Zoning Map
Exhibit C - Operational Statement
Exhibit D - Exhibits
Exhibit E - Conditions of Approval for P23-02136 [10/20/2023]
Exhibit F - Comment Letters
Exhibit G - Public Hearing Notice & Noticing Map
Exhibit H - Table of Existing Licenses & Map
Exhibit I - Fresno Municipal Code Findings
Exhibit J - Notices of Action
Exhibit K - Appeal Letter
Exhibit L - Draft Conditions of Approval for P19-04757/P23-02136 [12/6/2023]
Exhibit M - Additional Letter Received