REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
BY: ADRIENNE ASADOORIAN-GILBERT, Supervising Planner
Planning and Development Department
SUBJECT
Title
***BILL B-43 (Introduced December 5, 2024) (For Adoption) amending Chapter 15 of the Fresno Municipal Code, Sections 15-4907 and 15-5016, relating to modification authority for Conditional Use Permits (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends approval of Text Amendment Application No. P24-02419 and related Environmental Finding for Environmental Assessment No. P24-02419, amending Sections 15-4907 and 15-5016 of the Fresno Municipal Code, relating to modification authority for Conditional Use Permits.
EXECUTIVE SUMMARY
Text Amendment Application No. P24-02419 proposes an amendment to Sections 15-4907 (Planning Actions) and 15-5016 (Modification of Permits) of the Fresno Municipal Code to grant authority to the City Council, Planning Commission, and Director of Planning and Development to modify Conditional Use Permits (CUPs). The decision-making body may revoke or modify a CUP if it makes any of the following findings: (1) the approval was obtained by means of fraud or misrepresentation of a material fact; (2) the use, building, or structure has been substantially changed in character or expanded beyond what is set forth in the permit; (3) the use in question has ceased to exist or has been discontinued for one year or more; (4) there is or has been a violation of or failure to observe the terms or conditions of approval of the permit or variance, or the use has been conducted in violation of the provisions of the Code, or any applicable law or regulation; (5) the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health, and welfare, or so as to be a nuisance.
BACKGROUND
On August 1, 2024, the Director of Planning and Development initiated Text Amendment Application No. P24-02419 pursuant to Fresno Municipal Code Section 15-5803.A.1. This amendment grants authority to the City Council, Planning Commission, and Director of Planning and Development to modify active Conditional Use Permits relating to violations of their conditions. Sections 15-4907 and 15-5016 of the Fresno Municipal Code establish procedures for the revocation of permits under the authority of the City Council, Planning Commission and Director of Planning and Development, but do not currently address the modification of permits.
Public Notice and Comment
A Legal Notice was published in the Fresno Bee on November 8, 2024, pursuant to Fresno Municipal Code Section 15-5007(D) (See Exhibit D). In addition, the notice was posted on the City Clerk’s website and provided to the City’s distribution list for such notices.
Review by Committees and Commissions
The active Council District Plan Implementation Committees and Tower Design Review Committees all reviewed the proposed text amendment, which applies Citywide. Their recommendations are below:
District 1: The item was on the August 8, 2024 meeting agenda. Due to the volume of agenda items, the Committee did not hear the item within the time permitted.
District 3: The item was presented on August 27, 2024. The committee posed questions pertaining to the types of modifications that would be permitted and the modification process.
District 4: The item was presented on August 20, 2024. The committee did not provide comments.
District 5: The item was on the August 28 and September 11, 2024 meeting agendas. The item was not formally presented due to lack of quorum.
District 6: The item was presented on September 11, 2024. The committee did not provide comments.
Tower District Design Review Committee: The item was presented on August 6, 2024. The committee did not provide comments.
Airport Land Use Commission: City staff consulted with ALUC staff and determined that formal ALUC review of the Text Amendment was not necessary, due to the limited scope.
Planning Commission
The Planning Commission considered this item at its regularly scheduled meeting on November 20, 2024, and recommended approval.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines (See Exhibit E).
CEQA Guidelines Section 15061(b)(3) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment (the “common sense” exemption). The proposed Text Amendment grants authority to the City Council, Planning Commission, and the Director of Planning and Development to modify conditional use permits and does not commit the City to any specific project. The regulations of the proposed Text Amendment will not intensify the use of any establishment. Additionally, the proposed Text Amendment would conform to the application process that currently exists in Section 15-5016 of the Fresno Municipal Code pertaining to initiation proceedings for revocation of permits.
Therefore, it can be seen with certainty that there is no possibility that accepting this Text Amendment may have a significant effect on the environment, and staff has determined that the project is exempt from CEQA pursuant to the exemption in CEQA Guidelines Section 15061(b)(3). Staff also determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15061(b)(3) apply to this project.
FRESNO MUNICIPAL CODE FINDINGS
Section 15-5811 of the Fresno Municipal Code provides that the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed Text Amendment meets Criteria A (1 and 2) of Section 15-5811. Please see Exhibit F for the Fresno Municipal Code Findings.
LOCAL PREFERENCE
No procurement is associated with this item.
FISCAL IMPACT
No fiscal impact is associated with this item.
Attachments:
Exhibit A - Director Initiation
Exhibit B - Bill B-43
Exhibit C - Planning Commission Resolution No. 13870
Exhibit D - Public Notice
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Environmental Assessment