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File #: ID 23-1233    Version: 1 Name:
Type: Action Item Status: Passed
File created: 8/9/2023 In control: City Council
On agenda: 8/24/2023 Final action: 8/24/2023
Title: Hearing to consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ?0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1. CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2. DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A Vicinity-Aerial Map, 2. Exhibit B Planned Land Use-Zoning Map, 3. Exhibit C Project Information Tables, 4. Exhibit D Operational Statement, 5. Exhibit E Project Exhibits, 6. Exhibit F Conditions of Approval, 7. Exhibit G Environmental Assessment, 8. Exhibit H Noise Assessment, 9. Exhibit I FMC Findings, 10. Exhibit J Parcel Map No. 81-27, 11. Exhibit K Cross Access Document No. 108566, 12. Exhibit L Protest Letters Prior to Director Action, 13. Exhibit M Notice of Director Action, 14. Exhibit N Appeal of Director Action, 15. Exhibit O PC Public Hearing Notice, 16. Exhibit P Opposition Letters 3-10-2023 through 5-3-2023, 17. Exhibit Q Letter from Applicant 3-14-2023, 18. Exhibit R Letter of Support 5-1-2023, 19. Exhibit S Outreach Summaries (Applicant & Adjacent Property Owner), 20. Exhibit T PC Resolution No. 13799, 21. Exhibit U Appeal of PC Action to City Council, 22. Exhibit V Appeal of CEQA Determination, 23. Exhibit W City Council Public Hearing Notice, 24. Exhibit X City Council Presentation, 25. Exhibit Y Supplemental Revised Operational Statement, 26. Public Comment Received by Clerks Office 8-17-2023_Redacted, 27. Public Comment Supplement

REPORT TO THE CITY COUNCIL

 

 

FROM:                     PHILLIP SIEGRIST, Planning Manager

Planning and Development Department

 

BY:                                          JOSE VALENZUELA, Supervising Planner

                                          Planning and Development Department

 

SUBJECT

Title

Hearing to consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department.

1.                     CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and,

2.                     DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022.

 

Body

RECOMMENDATION

 

Staff recommends that the City Council take the following actions:

1.                     CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and,

2.                     DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022.

 

EXECUTIVE SUMMARY

 

Development Permit Application No. P22-01346 was filed by Orlando Ramirez of Ramirez Planning, on behalf of Mohamad Assad and pertains to ±0.69 acres of vacant property located on the northwest corner of East McKinley and North Fine Avenues.                     

 

Development Permit Application No. P22-01346 proposes to construct a car wash facility comprised of a 4,400 square-foot building, 16 self-service vacuum stalls, one solid-waste enclosure and new landscaping. The subject property is zoned IL (Light Industrial). The project was approved by the Director on December 8, 2022, and subsequently considered by the Planning Commission on March 15, 2023 and May 3, 2022 based on an appeal received from the Councilmember Maxwell (Exhibit N - Appeal of Director Action).

 

The Planning Commission considered the item as presented by staff in accordance with Fresno Municipal Code (FMC) Section 15-5017. Various members of the public spoke on the project during the March 15, 2023 and May 5, 2023, hearings. After a complete hearing on May 5, 2023, the Planning Commission voted to deny the appeal and uphold the Director’s decision to approve Development Permit Application No. P22-01346, four (4) votes to two (2), with one (1) member absent (Exhibit T - Planning Commission Resolution).

 

An appeal of the environmental determination was received on May 11, 2023 in accordance with FMC 15-5005-I. In addition, an appeal of the Planning Commission’s action was received from Councilmember Maxwell (District 4) on May 12, 2023. Therefore, the City Council is considering this project pursuant to FMC Sections 15-501 and 15-5005-I7, which requires a City Council Hearing and Action to consider the appeals.

 

Staff recommends City Council uphold the Planning Commission and Planning and Development Director’s approvals based on evidence detailed in this staff report and that specific findings made by the Director in approving the Development Permit and associated environmental assessment in accordance with Section 15-5206of the FMC and California Code of Regulation Sections 15300.2  and 15332 remain valid.

 

BACKGROUND

 

Development Permit Application No. P22-01346 was filed by Orlando Ramirez of Ramirez Planning, on behalf of Mohamad Assad and pertains to ±0.69 acres of vacant property located on the northwest corner of East McKinley and North Fine Avenues.                     

 

Project Description

 

Development Permit Application No. P22-01346 was filed for purposes of facilitating physical development of the site and to establish a permitted use (Automobile/Vehicle Washing) on the site. The project proposes construction of a ±4,400 square-foot car wash building with a 120-foot drive-through tunnel and 16 vehicle-vacuum stations. The overall development will also include the installation of on and off-site improvements including but not limited to curbs, gutters, sidewalks, and landscaping. In addition, the development will include one (1) modified drive approach at North Fine Avenue and the removal of several parking spaces from within the existing shared parking lot. For informational purposes, the Fresno General Plan designates East McKinley Avenue as an Arterial (4-lanes) street and North Fine Avenue as a Local Street. The building is placed in an east-west orientation, where the car wash openings face the adjacent parking lot and public street.

A 20-foot landscape setback and tree wells will be provided on East McKinley and North Fine Avenues. The placement of the building is as close to the McKinley and Fine corner as permitted by the Fresno Municipal Code.

 

The project will require dedications and/or acquisitions for public street rights-of-way and utility easements as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure in accordance with all applicable standards, specifications and policies of the City of Fresno and interested agencies in order to facilitate the proposed development of the subject property.

 

Land Use and Zoning

 

The subject property is located within the Fresno General Plan and McLane Community Plan areas and is designated for Light Industrial planned land uses which is consistent with the properties underlying zone district classification of IL (Light Industrial). Pursuant to Table 15-1302 (Land Use Regulations - Employment Districts) of the Fresno Municipal Code (FMC), the use of Automobile Vehicle Washing, is permitted in the IL zone district subject to an approved development permit application and additional regulations for special uses pursuant to FMC Section 15-2711 (Automobile/Vehicle Washing).

 

Subject Site and Surrounding Property Information

 

As previously referenced, the subject property is planned and zoned for Light Industrial uses. Surrounding properties to the north, east, and west are also planned and zoned for light industrial uses while properties to the south (Across East McKinley Avenue) are planned and zoned for Medium Low Density Single-Family Residential. Properties further west are planned and zoned for Community Commercial and Public Facility.

 

The project site is currently underdeveloped and is comprised of a vacant, undeveloped building pad and an existing shared parking lot. Properties immediately to the north, east and west have been substantially developed with offices and small-scale commercial developments comprised offices (Rivendell Community Day Care, Prestige Life Insurance, and Freedom Equity Group) and drive-through restaurants (KFC & Triangle Burger). South of the subject project (across East McKinley Avenue) consists of an irrigation canal, railroad track and single-family residences  Additional surrounding property information including the existing and planned land use designations, as well as the existing zoning districts surrounding the subject property can be found in Exhibits A & B.

 

ANALYSIS

 

Traffic & Circulation

 

The Project site has two (2) existing street frontages, North Fine Avenue to the east and East McKinley Avenue to south. The Fresno General Plan Circulation Element designates East McKinley Avenue as a 4-lane arterial street and North Fine Avenue as a 2-lane local street. At present, no fixed-route transit service serves the project site. The project will include frontage improvements (i.e., landscape, gutter, and sidewalk) along both roadways.

 

Vehicles will enter and exit the site primarily from the North Fine Avenue drive approach (to be widened). Vehicles will have secondary access via the adjacent property to the west which has a drive approach along East McKinley Avenue. Employees and guests can enter and exit the site from either of the two previously mentioned drive approaches.

Cross access and internal circulation are facilitated by Document No. 108566 recorded December 14, 1981 in the Fresno County Official Records.

 

Pursuant to Figure MT-4 of the Fresno General Plan, the proposed project is located within Traffic Impact Zone II (TIZ-II), which represents the areas of the City currently built up and wanting to encourage infill development. The threshold established by the Fresno General Plan in TIZ II is a peak hour Level of Service (LOS) standard of E or better for all intersections and roadway segments. Furthermore, a TIS would be required for all development projected to generate 200 or more peak hour new vehicle trips.

 

Trip generation rates for the proposed project were gathered through analysis of the 10th Edition Trip Generation Manual published by the Institute of Transportation engineers (ITE). The projected Trip Generation based on operational data for the proposed use consists of 300-400 total daily passenger car trips. According to the Trip Gen Manual the highest peak PM hour trip generation is 62 trips. As no trips are expected to exceed 200 peak hour trips, and the project does not include a General Plan Amendment or Rezone, a Traffic Impact Study was not required for this application.

 

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 which may be potentially generated subject to the standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer. These requirements generally include: (1) street dedications; (2) street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee (RTMF) Fee. These requirements are outlined within the memorandum from the City Traffic Engineer dated September 13, 2022, which are included in the Conditions of Approval dated December 8, 2022 (Exhibit F - Conditions of Approval).

 

Vehicle Miles Traveled (VMT) Analysis

 

Senate Bill (SB) 743 requires that relevant California Environmental Quality Act (CEQA) analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.

 

On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds pursuant to Senate Bill 743 to be effective of July 1, 2020. The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects, and land use plans. These thresholds of significance were developed using the County of Fresno as the applicable region, and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target. In order to reach the statewide GHG reduction target of 15%, Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well.

 

 

The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or tripmaking potential. For transportation projects, the primary attribute to consider with transportation projects is the potential to increase vehicle travel, sometimes referred to as “induced travel.”

 

Per the adopted guidelines, the proposed project does not exceed the threshold of 500 Active Daily Trips (ADT), as it is projected to generate 300-400 ADT. The proposed project is eligible to screen out of additional VMT analysis and would result in a less than significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b).

 

Parking

 

The proposed project is subject to the parking requirements of FMC Table 15-2409 (Required On-Site Parking Spaces) and any additional regulations listed in FMC Section 15-2711 (Automobile/Vehicle Washing). FMC Table 15-2409 requires automobile/vehicle washing (automated) uses to provide one (1) vehicular parking space per 250 square feet of any indoor sales, office, or lounge areas. No parking is required per FMC 15-2711 (Automotive/Vehicle Washing). Given that the proposed car wash facility does not propose any indoor sales, lounge areas and the office space is less than the 250 square feet requirement. The proposed project is required to provide one (1) parking space. 

 

As previously mentioned, the project site is currently underdeveloped and is comprised of a vacant, undeveloped building pad and an existing shared parking lot. In order to accommodate the proposed car wash facility, approximately 42 existing parking spaces will be removed from the site.  Even with the removal of existing parking spaces, the project meets the minimum parking requirements. It is also noted that the project approval has been conditioned to obtain property owner authorization prior to removing parking spaces from the adjoining parcel or reconfigure the site plan so as parking spaces are not removed from the adjoining parcel.

 

The proposed car wash facility is to be located on a 0.69-acre parcel and is identified as Assessor’s Parcel Number (APN No.) 494-291-05 or as Parcel B of Parcel Map No. 81-27. The adjacent property, which makes up the larger portion of the Airport Village, is approximately 1.57 acres and is identified as APN: 494-291-10 or as Parcel A of Parcel Map No. 81-27.

 

Parcel A has an existing building which houses three tenants or separate uses. A recorded cross access agreement between the project site (APN: 494-291-05/Parcel B) and the adjacent property (APN: 494-291-10/Parcel A) has been in effect since 1981 and attached as Exhibit K (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 the referenced Parcel Map No. 81-27 (Exhibit J).

 

It is noted that the shared parking agreement does not require the subject property (APN: 494-291-05, Parcel B of PM No. 81-27) to provide parking for uses on the adjoining property (APN: 494-291-10, Parcel A of PM No. 81-27). The cross access agreement is set to expire in 2031.

 

As previously mentioned, the proposed car wash development conforms with the parking requirements of the FMC and further conforms to the recorded cross access agreement.

 

Noise

 

A recent noise assessment was prepared which modeled the worst-case stationary noise levels for the proposed use (all equipment on at the same time). Sound level data for the various stationary on-site sources (vacuums, vacuum turbine motors and carwash blowers) were all incorporated into the model’s inputs. The noise assessment (Exhibit H) provides further details on the model’s methodology, assumptions, and results on noise levels relating to the proposed project. According to FMC 15-2506 D, new or expanded development of major noise-generating stationary uses shall not be permitted if noise levels impinging on existing adjacent noise-sensitive uses would exceed the standards of Table 15-2506-D.  The referenced table establishes a maximum exterior sound level of 70 dBA, for daytime (7 a.m. - 10 p.m.) and 60 dBA for nighttime (10 p.m. - 7 a.m.). The noise exposure standard shall be applied at the property line of the receiving land use. The noise level contours in the attached assessment illustrate that noise levels at the edge of the adjacent building are approximately at 55 - 60 dBA and 60-65 dBA at the shared property line which is below the 70 dBA maximum level threshold.

 

Previous Land Use & Zoning

 

The Fresno City Council passed a citywide rezone on February 4, 2016, and became effective on March 7, 2016. Prior to the citywide rezoning, the subject property was zoned M-1-P (Industrial Park Manufacturing District) and was rezoned to an equivalent land use of IL (Light Industrial).  The M-1-P was intended to provide appropriate physical environment for the establishment of industry, and light manufacturing and services which include manufacturing, assembling, fabricating, processing, compounding and sale of materials that are wholly or partially manufactured or processed.  An automated car wash use was not identified as a prohibited use under the previous zone district.

 

Landscaping and Screening

 

As previously mentioned, a 20-foot landscape setback and tree wells will be provided along East McKinley and North Fine Avenues.

 

Shrubs and small trees are proposed between the 25-foot drive-aisle and the vacuum stalls which are situated to the north of the project parcel, providing some internal screening from the adjacent office spaces to the carwash.

 

Per FMC 15-2711-C, vehicle lanes for a car wash shall be screened from public streets to a height of 30 inches, which can be achieved by walls and/or berms with supplemental plant material. As such, the proposed project has been conditioned to provide drive-through lane screening, situated along the west, south, and east areas of the project parcel. The drive-through lane includes two (2) pay aisles and a total storage (que) capacity of eight (8) vehicles.

 

Given the conditions of approval, Development Permit Application No. P22-01346 will: meet all provisions of the FMC, including but not limited to setbacks, transition standards, parking, landscaping, screening, buffers, and connectivity; comply with all applicable design guidelines and development standards for commercial uses in the IL (Light Industrial); comply with additional regulations for specific uses including but not limited to FMC Sections 15-2711 (Automobile/Vehicle Washing).

 

Public Services

 

Sewer

 

The nearest sanitary sewer main to serve the proposed project is a 10-inch sewer main located in North Fine Avenue and a 27-inch sewer main located in East McKinley Avenue. The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems, and pay applicable sewer connection charges and fees. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated August 19, 2022.

 

Water

 

Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated August 19, 2022.

 

Fresno Metropolitan Flood Control District

 

The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “V.” The FMFCD has indicated that the proposed development is not located within a flood prone area. Permanent drainage facility service is available, and the developer shall be required to demonstrate to the satisfaction of the City that runoff can be safely conveyed to the Flood Control Master Plan inlets. These as well as additional requirements are listed in the memorandum from FMFCD dated August 26, 2022.

 

Fire

 

The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include installation of public fire hydrants and the provision of adequate fire apparatus access to the buildings on site.

 

Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code.

 

Other Agencies

 

All comments received from the applicable agencies have been incorporated into the conditions of approval for Development Permit Application No. P22-01346. Given the conditions of approval, the project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated December 8, 2022.

 

LAND USE PLANS AND POLICIES

 

Fresno General Plan

 

As demonstrated above, the subject property is planned and zoned for Light Industrial uses.

 

According to the Fresno General Plan, the Light Industrial planned land use designation is intended to provide areas, as identified by the General Plan, for a diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrication, utility equipment and service yards, wholesaling, warehousing, and distribution activities. Small-scale retail and ancillary office uses are also permitted. Light Industrial areas may serve as buffers between Heavy Industrial Districts and other land uses and otherwise are generally located in areas with good transportation access, such as along railroads and freeways.

 

The Fresno General Plan provides goals, objectives, and policies to guide development. As proposed, the project will be consistent with the following Fresno General Plan goals:

 

                     Increase opportunity, economic development, business, and job creation.

                     Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City.

                     Promote a city of healthy communities and improve quality of life in established neighborhoods.

                     Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno.

 

These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.

 

The following are applicable objectives and policies from the Land Use & Design and Noise and Safety elements of the Fresno General Plan:

 

                     Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.

 

                     Objective LU-6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors.

 

                     Objective NS-1: Protect the citizens of the city from the harmful and annoying effects of exposure to excessive noise.

 

                     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.

 

                     Policy LU-6-d Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan, promote the stability and identity of neighborhoods and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system.

o                     Neighborhoods will be anchored by community commercial centers with a mix of uses that meet the area’s needs and create a sense of place; and

o                     Community commercial centers will be located within Activity Centers.

 

                     Policy NS1-a: Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise sensitive uses for noise but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. *Although this policy identifies a 60 dBA for sensitive uses, the Planning and Development Department is guided by using the standards listed in FMC Table 15-2706-D.

 

McLane Community Plan

 

The subject property is designated for Light Industrial planned land uses by the McLane Community Plan. Upon reviewing the policies contained in the McLane 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. However, should there be a conflict between the FMC and the McLane Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control.

 

This project supports the above-mentioned policies in that the intensity of the proposed development conforms to the applicable land use designation of the Fresno General Plan and the McLane Community Plan.

 

In conclusion, the proposed project is consistent with many or all goals and policies of the Fresno General Plan and McLane Community Plan. The proposed project promotes reinvestment by proposing a quality development near existing and commercial neighborhoods and the opportunity to continue development in the future and protects property values by constructing a compatible infill development on a currently underdeveloped site.

 

Public Notice and Input

 

Council District 4 Project Review Committee

 

The Council District 4 Project Review Committee is not an active committee. Therefore, no recommendation was provided.

 

Notice of Intent to Take Action (Project Review)

 

In accordance with FMC Sections 15-5205, a public notice is not required. However, prior to approval of this project, three (3) letters of protest were received which cited noise, traffic, lack of screening and visual impacts, crime, and economic impacts induced by the proposed car wash use. These protest letters are attached as Exhibit L.

 

Notice of Action

 

On December 8, 2022, the Planning and Development Department mailed the Notice of Action (Exhibit M) to individuals who filed a written request for such notification pursuant to FMC Section 15-5009.

 

Appeal of Director’s Decision

 

On December 23, 2022, a timely appeal was submitted to the Planning and Development Department by the District 4 Councilmember’s Office (Exhibit N). The letter expressed concerns with noise and traffic impacts on the adjacent daycare use and echoed the viewpoints within the protest letters (Exhibit L).

 

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 March 3, 2022 (Exhibit O). Staff received 10 letters from members of the public opposing the project (Exhibit P).

 

Fresno City Planning Commission Action

 

On March 3, 2023, the Planning Commission considered the item as presented by staff, followed by a brief presentation by the applicant. Various members of the public spoke in opposition to the project during the hearing. After a complete hearing, the Planning Commission voted to continue the appeal to May 3, 2023, to allow for further dialog between the applicant, adjacent property owner and tenants. After a summary of the outreach and further testimony by the property owners and tenants, at the May 3, 2023, the Planning Commission voted to approve the project four (4) votes to two (2), with one Commissioner absent. The Planning Commission resolution is attached as Exhibit T.

 

Appeal of Planning Commission Action

 

An appeal of the Planning Commission’s action to deny the appeal and uphold the approval was received from Councilmember Maxwell on May 12, 2023 (Exhibit U). In addition, an appeal to the Environmental Assessment No. P21-01346 was received by the adjacent property owner on May 11, 2023 in accordance with FMC 15-5005-I (Exhibit V). Therefore, the project was scheduled for a public hearing of the City Council pursuant to FMC Section 15-5017, which requires a City Council Hearing and Action to consider the appeal.

 

Notice of City Council Hearing

 

On August 11, 2023, the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit W for Notice of City Council Hearing.

 

ENVIRONMENTAL FINDINGS

 

The CEQA (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a project is exempt from CEQA. A determination of a Categorical Exemption from Section 15332/Class 32 (Infill Development) was made, and Environmental Assessment No. P22-01346, dated December 8, 2022, was prepared for this project, which is attached as Exhibit G.

 

FRESNO MUNICIPAL CODE FINDINGS

 

Based upon analysis of the application, staff concludes that the required findings contained within Section 15-5206 et seq. of the Fresno Municipal Code can be made. These findings are attached as Exhibit I to this report.

 

If the City Council decides to uphold the appeal and deny the request to develop the proposed industrial use, the council must find that there is insufficient evidence in the administrative record that the required findings by Section 15-5206 cannot be made and amend them accordingly.

 

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 Fresno General Plan and the McLane Community Plan; 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 by the accompanying environmental assessment and concludes that the required findings contained within Section 15-5206 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed conditional use permit application is appropriate for the project site.

 

Attachments

 

Exhibit A -                      Vicinity Map & Aerial Photograph

Exhibit B -                      Planned Land Use & Zoning Map

Exhibit C -                      Project Information Tables

Exhibit D -                      Operational Statement

Exhibit E -                      Exhibits (Site Plan, Elevations, Floor Plans, & Landscape Plan)

Exhibit F -                      Conditions of Approval dated 12/8/2022]

Exhibit G -                      Environmental Assessment dated 12/8/2022]

Exhibit H -                      Noise Assessment

Exhibit I -                      Fresno Municipal Code Findings

Exhibit J -                      Parcel Map No. 81-27

Exhibit K -                      Cross Access Document 108566 dated December 14, 1981

Exhibit L -                      Protest Letters Prior to Director Action

Exhibit M -                      Notice of Director Action

Exhibit N -                      Appeal of Director Action

Exhibit O -                      PC Public Hearing Notice & Noticing Map

Exhibit P -                     Opposition Letters from 3/10/2023 - 5/3/2023

Exhibit Q -                      Letter from the Applicant dated 3/14/2023

Exhibit R -                      Letter of Support dated 5/1/2023

Exhibit S -                      Outreach Summary by Applicant & Adjacent Property Owner

Exhibit T -                      Planning Commission Resolution No. 13799

Exhibit U -                      Appeal of Planning Commission Action to City Council

Exhibit V -                      Appeal of CEQA Determination

Exhibit W -                     City Council Public Hearing Notice & Map

Exhibit X -                      City Council PowerPoint Presentation

Exhibit Y-      Supplemental Revised Operational Statement