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File #: ID 24-1497    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 10/29/2024 In control: Planning Commission
On agenda: 11/20/2024 Final action:
Title: 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 for conditional use permits. 1. RECOMMEND ADOPTION (to the City Council), 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. RECOMMEND ADOPTION (to the City Council), of Text Amendment Application No. P24-02419, to amend Sections 15-4907 and 15-5016 of the Fresno Municipal Code, relating to Planning Actions and Revocation of Permits to allow City-initiated modification of Conditional Use Permits.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Director Initiation, 2. Exhibit B - Draft Ordinance, 3. Exhibit C - Public Notice, 4. Exhibit D - Fresno Municipal Code Findings, 5. Exhibit E - Environmental Assessment
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REPORT TO THE PLANNING COMMISSION



NOVEMBER 20, 2024


FROM: JENNIFER CLARK, Director
Planning & Development Department

THROUGH: SOPHIA PAGOULATOS, Planning Manager
Planning & Development Department

BY: ADRIENNE ASADOORIAN-GILBERT, Supervising Planner
Planning & Development Department


SUBJECT
Title
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 for conditional use permits.

1. RECOMMEND ADOPTION (to the City Council), 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. RECOMMEND ADOPTION (to the City Council), of Text Amendment Application No. P24-02419, to amend Sections 15-4907 and 15-5016 of the Fresno Municipal Code, relating to Planning Actions and Revocation of Permits to allow City-initiated modification of Conditional Use Permits.

Body
EXECUTIVE SUMMARY

Text Amendment Application No. P24-02419 proposes an amendment to Sections 15-4907 (Planning Actions) and 15-5016 (Revocation 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 (CUPs). 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 or conditions of approval of the permit or varia...

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