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File #: ID 24-400    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 3/12/2024 In control: Planning Commission
On agenda: 3/20/2024 Final action: 3/20/2024
Title: Consideration of an appeal filed regarding Cannabis Conditional Use Permit Application No. P23-03086 and related Environmental Assessment for property located at 4555 East Kings Canyon Road on the northeast corner of East Kings Canyon Road and South Jackson Avenue (Council District 5). 1. APPROVE Environmental Assessment No. P23-03086 dated November 9, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through Section 15301/Class 1 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Cannabis Conditional Use Permit Application No. P23-03086 authorizing the establishment of a cannabis retail business in an approximately 2,100 square foot existing commercial building, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Cannabis Conditional Use Permit Application No. P23-03086 dat...
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Aerial Map, 2. Exhibit B - Appeal Letter [1-11-2024], 3. Exhibit C - Public Hearing Notice Radius Map (1,000 feet), 4. Exhibit D - Fresno Municipal Code Findings, 5. Exhibit E - Conditions of Approval for Cannabis Conditional Use Permit P23-03086 [1-9-2024], 6. Exhibit F - Operational Statement [10-4-2023], 7. Exhibit G - Site Plan, Floor Plan, & Elevations [10-4-2023], 8. Exhibit H - Comments & Requirements from Responsible Agencies, 9. Exhibit I - Environmental Assessment No. P23-03086 [11-9-2023], 10. Exhibit J - Neighborhood Responsibility Plan [10-4-2023], 11. Exhibit K - Odor Management & Control Plan [10-4-2023]
REPORT TO THE PLANNING COMMISSION



March 20, 2024


FROM: ISRAEL TREJO, Planning Manager
Planning and Development Department

BY: ROB HOLT, Supervising Planner
Planning and Development Department

SUBJECT
Title
Consideration of an appeal filed regarding Cannabis Conditional Use Permit Application No. P23-03086 and related Environmental Assessment for property located at 4555 East Kings Canyon Road on the northeast corner of East Kings Canyon Road and South Jackson Avenue (Council District 5).

1. APPROVE Environmental Assessment No. P23-03086 dated November 9, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through Section 15301/Class 1 Categorical Exemption.

2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Cannabis Conditional Use Permit Application No. P23-03086 authorizing the establishment of a cannabis retail business in an approximately 2,100 square foot existing commercial building, subject to the following:

a. Development shall take place in accordance with the Conditions of Approval for Cannabis Conditional Use Permit Application No. P23-03086 dated January 9, 2024.

Body
EXECUTIVE SUMMARY

Cannabis Conditional Use Permit Application No. P23-03086 was filed by Yuma Way CA and pertains to approximately 0.54 acres of property located at 4555 East Kings Canyon Road. The applicant proposes the establishment of a cannabis retail business within an approximately 2,100 square foot existing commercial building.

On January 9, 2024, the Planning and Development Director approved Cannabis Conditional Use Permit Application No. P23-03086 based upon the project's compliance with the required findings for Conditional Use Permits pursuant to Fresno Municipal Code (FMC) Sections 15-2739-R and 15-5306 (Exhibit D). An Environmental Impact Report (EIR) State Clearinghouse No. (SCH) 2019070123 was certified by the City Counc...

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