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File #: ID 24-1550    Version: 1 Name:
Type: Action Item Status: Passed
File created: 11/4/2024 In control: City Council
On agenda: 12/5/2024 Final action: 12/5/2024
Title: HEARING for Consideration 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 of conditional use permits. 1. ADOPTION of a finding set forth in Environmental Assessment No. P24-02419, that Text Amendment Application No. P24-02419 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). 2. BILL (for Introduction) amending Chapter 15 of the Fresno Municipal Code, Section 15-4907 and 15-5016 relating to modification authority for conditional use permits.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Director Initiation, 2. Exhibit B - Draft Ordinance, 3. Exhibit C - Planning Commission Resolution No. 13870, 4. Exhibit D - Public Notice, 5. Exhibit E - Fresno Municipal Code Findings, 6. Exhibit F - Environmental Assessment
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
HEARING for Consideration 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 of conditional use permits.
1. ADOPTION of a finding set forth in Environmental Assessment No. P24-02419, that Text Amendment Application No. P24-02419 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. BILL (for Introduction) amending Chapter 15 of the Fresno Municipal Code, Section 15-4907 and 15-5016 relating to modification authority for conditional use permits.

Body
RECOMMENDATION

Staff is recommending 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 of 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. The decision-making body may revoke or modify the permit 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 o...

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