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File #: ID 24-442    Version: 1 Name:
Type: Action Item Status: Adopted as Amended
File created: 3/22/2024 In control: City Council
On agenda: 4/4/2024 Final action: 4/4/2024
Title: Hearing to consider Conditional Use Permit Application No. P23-00835, Planned Development Permit Application No. P23-02080, and related Environmental Assessment; regarding a phased, multi-tenant commercial community development project with Starbucks Caf? and drive-through located on approximately ? 2.98 acres of property located on the southwest corner of the intersection of South Martin Luther King Boulevard and East Church Avenue. (Council District 3) - Planning & Development Department. 1. ADOPT Environmental Assessment No. P23-00835/P23-02080 dated January 3, 2024, an Addendum to the Southwest Fresno Specific Plan Final Program EIR (the "Program EIR"), prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal submitted by Councilmember Arias on January 17, 2024, and UPHOLD the action of the Planning and Development Department Director approving Conditional Use Permit Application No. P23-00835 and Planned Development...
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 D-1 – Notice of Intent to Take Action, 9. Exhibit D-2 – Recirculated Notice of Intent to Take Action, 10. Exhibit E – Council District 3 Project Review Committee Agenda [6/13/2023], 11. Exhibit F – P23-00835 / P23-02080 Conditions of Approval [11/3/2023], 12. Exhibit G – Fresno Municipal Code Findings, 13. Exhibit H – Notice of Action, 14. Exhibit I-1 – Environmental Assessment P23-00835 / P23-02080 [11/3/2023], 15. Exhibit I-2 – Environmental Assessment P23-00835 / P23-02080 [1/3/2024], 16. Exhibit J-1 – COF Public Works Department TIS Memorandum, 17. Exhibit J-2 – Mitigated Negative Declaration (State Clearinghouse No. 2012111015) dated August 2, 2017, 18. Exhibit K-1 – Planning Commission Staff Report, 19. Exhibit K-2 – Planning Commission Resolution, 20. Exhibit L-1 – Planning Commission Public Hearing Notice, 21. Exhibit L-2 – City Council Public Hearing Notice, 22. Exhibit M – West Creek Village Recorded Development Agreement [3/5/2020], 23. Exhibit N-1 – Southwest Fresno Specific Plan, 24. Exhibit N-2 – Southwest Fresno Specific Plan Public Review Draft EIR, 25. Exhibit N-3 – Southwest Fresno Specific Plan Final EIR, 26. Exhibit N-4 – Southwest Fresno Specific Plan Certification (Resolution 2017-299), 27. Exhibit N-5 – Southwest Fresno Specific Plan EIR Notice of Determination, 28. Exhibit O – Public Comments Received Prior to Planning Commission, 29. Exhibit P – Councilmember Miguel Arias Appeal to The City Council [01/17/2024], 30. Exhibit Q-1 – Supplemental Materials Provided by Applicant, 31. Exhibit Q-2 – Applicant Presentation, 32. Exhibit Q-3 – Starbucks Presentation, 33. Exhibit R-1 - Staff Presentation, 34. Exhibit R-2 - Councilmember Arias Presentation, 35. Exhibit S - Additional Comment Letters, 36. Exhibit T - Conceptual Site Plan Received March 21, 2024, 37. Exhibit U - Applicant Response to Second Drive-Through
REPORT TO THE CITY COUNCIL


FROM: JENNIFER CLARK, Planning Director
Development Services Division

BY: PHILLIP SIEGRIST, Planning Manager
Development Services Division

STEVEN MARTINEZ, Planner
Development Services Division


SUBJECT
Title
Hearing to consider Conditional Use Permit Application No. P23-00835, Planned Development Permit Application No. P23-02080, and related Environmental Assessment; regarding a phased, multi-tenant commercial community development project with Starbucks Caf? and drive-through located on approximately ? 2.98 acres of property located on the southwest corner of the intersection of South Martin Luther King Boulevard and East Church Avenue. (Council District 3) - Planning & Development Department.
1. ADOPT Environmental Assessment No. P23-00835/P23-02080 dated January 3, 2024, an Addendum to the Southwest Fresno Specific Plan Final Program EIR (the "Program EIR"), prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. DENY the appeal submitted by Councilmember Arias on January 17, 2024, and UPHOLD the action of the Planning and Development Department Director approving Conditional Use Permit Application No. P23-00835 and Planned Development Permit Application No. P23-02080 authorizing the construction of a ? 5,781 square foot multi-tenant shell building with Starbucks Caf? with drive-thru; and full development of the site with associated parking lot, landscaping, trash enclosures, and pad for a future building to be entitled under separate permit.

Body
RECOMMENDATIONS

1. ADOPT Environmental Assessment No. P23-00835/P23-02080 dated January 3, 2024, an Addendum to the Southwest Fresno Specific Plan Final Program EIR (the "Program EIR"), prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. DENY the appeal submitted by Councilmember Arias on January 17, 2024, and UPHOLD the action of the Planning and Development Departmen...

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