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File #: ID 23-1432    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/22/2023 In control: Pending Approval
On agenda: 10/4/2023 Final action: 10/4/2023
Title: Consideration of an appeal filed regarding the denial of Conditional Use Permit Application (CUP) No. P23-00593, requesting authorization to upgrade from a State of California Alcoholic Beverage Control Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for a ?2,576 square-foot Johnny Quik Food Store currently under construction located at 6940 West Barstow Avenue, on the northeast corner of West Barstow and North Grantland Avenues. (Council District 2) 1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P23-00593 requesting authorization to upgrade from a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for an existing Johnny Quik Food Store.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photograph, 3. Exhibit C - Zoning Map, 4. Exhibit D - Project Information Tables, 5. Exhibit E - Noticing Map, NOITTA, NOA, NOPH, 6. Exhibit F - Master App. & Owner Authorization, 7. Exhibit G - Operational Statement, 8. Exhibit H - Exhibits (Site Plan, Elevations, Floor Plan), 9. Exhibit I - Appeal Letter, 10. Exhibit J - Draft Conditions of Approval [10/4/2023], 11. Exhibit K - Fresno Municipal Code Findings, 12. Exhibit L - Denial Letter, 13. Exhibit M - Policy & Procedure C-005, 14. Exhibit N - Environmental Assessment P23-00593
REPORT TO THE PLANNING COMMISSION



October 4, 2023


FROM: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department

THROUGH: RALPH KACHADOURIAN, Supervising Planner
Planning & Development Department

BY: ERIK YOUNG, Planner III
Planning & Development Department


SUBJECT
Title
Consideration of an appeal filed regarding the denial of Conditional Use Permit Application (CUP) No. P23-00593, requesting authorization to upgrade from a State of California Alcoholic Beverage Control Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for a ?2,576 square-foot Johnny Quik Food Store currently under construction located at 6940 West Barstow Avenue, on the northeast corner of West Barstow and North Grantland Avenues. (Council District 2)


1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P23-00593 requesting authorization to upgrade from a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for an existing Johnny Quik Food Store.

Body
EXECUTIVE SUMMARY

CUP Application No. P23-00593 was filed by Ken Vang of Vang Incorporated Consulting Engineers, on behalf of Beal Developments, LLC., and requests authorization to upgrade from a State of California ABC Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for a ?2,576 square-foot Johnny Quik Food Store.

On June 29, 2023, the Director of Planning and Development denied the CUP application based upon the project's non-compliance with the required location restrictions of Section 15-2706-F of the FMC and the inability to make the required findings for CUPs under FMC Section 15-5306 (Exhibit L, Denial Letter).

The Director's decision to deny th...

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