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File #: ID 24-1058    Version: 1 Name:
Type: Action Item Status: Tabled
File created: 8/2/2024 In control: City Council
On agenda: 8/29/2024 Final action:
Title: HEARING to consider of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle "D" Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7) 1. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle "D" Food & Liquor store.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A-1 - Vicinity Map, 2. Exhibit A-2 - Aerial Photo, 3. Exhibit B-1 - Zoning Map, 4. Exhibit B-2 - Planned Land Use Map, 5. Exhibit C-1 - Project Operational Statement, 6. Exhibit C-2 - Project Site Plan, 7. Exhibit C-3 - Project Elevations, 8. Exhibit C-4 - Project Floor Plan, 9. Exhibit D - Notice of Intent to Take Action, 10. Exhibit E - Denial Letter, 11. Exhibit F - Fresno Municipal Code Findings, 12. Exhibit G-1 - Appeal To Planning Commission, 13. Exhibit G-2 - Appeal To City Council, 14. Exhibit H-1 - Notice of Public Hearing (Planning Commission), 15. Exhibit H-2 - Notice of Public Hearing (City Council), 16. Exhibit I - Planning Commission Resolution 13845, 17. Exhibit J-1 - Draft Conditions of Approval for ABCUP P22-03906, 18. Exhibit J-2 - Draft Categorical Exemption for ABCUP P22-03906, 19. Exhibit K-1 - Materials Submitted by Applicant For Planning Commission, 20. Exhibit K-2 - Materials Submitted by Applicant For City Council, 21. Exhibit K-3 - Staff Annotated Materials Submitted By Applicant, 22. Exhibit L - Preformatted Letters of Support Submitted by Applicant, 23. Exhibit M - Policy and Procedure No C-005, 24. Exhibit N - Applicant Presentation, 25. Exhibit O-1 - June 6, 2024 Staff Presentation, 26. Exhibit O-2 - August 29, 2024 Staff Presentation, 27. Exhibit P-1 - Revised Project Narrative, 28. Exhibit P-2 - Proposed Merchandise
REPORT TO THE CITY COUNCIL


FROM: JENNIFER CLARK, Planning Director
Development Services Division

THROUGH: PHILLIP SIEGRIST, Planning Manager
Development Services Division

BY: STEVEN MARTINEZ, Planner
Development Services Division

SUBJECT
Title
HEARING to consider of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle "D" Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7)
1. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle "D" Food & Liquor store.

Body
RECOMMENDATION

Staff recommends that the Council of the City of Fresno take the following action.
1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle "D" Food & Liquor store.

EXECUTIVE SUMMARY

Conditional Use Permit Application No. P23-03906 was filed by Felipe Ceballos, on behalf of Baldev Khela of Circle D Food & Liquor store, and pertains to an existing ? 2,939 square-foot gas station and convenience store located on a ?0.60-acre developed site located on the southeast corner of North Fresno Street and East Olive Avenue.

The establishment previously operated with a Type 21 alcohol license at this location; however, due to a fire in April 2018 the store ceased operations. Pursuant to Fresno Municipal Code Sectio...

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