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File #: ID17-1406    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 10/9/2017 In control: Planning Commission
On agenda: 10/18/2017 Final action: 10/18/2017
Title: Consideration of Conditional Use Permit Application No. C-17-090, located on the southeast corner of West Shaw and North Marks Avenues. (Council District 1) - Development and Resource Management Department. 1. DENY Conditional Use Permit Application No. C-17-090 requesting to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store - sale of beer and wine for consumption off the premises where sold) for an existing convenience store.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photo, 3. Exhibit C - Planned Land Use Map, 4. Exhibit D - Zoning Map, 5. Exhibit E - Noticing Map, 6. Exhibit F - Project Information Tables, 7. Exhibit G - Exhibits (Site Plan, Floor Plan, Exterior Photos), 8. Exhibit H - Operational Statement, 9. Exhibit I - Conditions of Approval dated October 18, 2017; including memoranda from responsible commenting agencies, 10. Exhibit J - Fresno Municipal Code Findings, 11. Exhibit K - Applicant's Supplemental Operational Statement, 12. Exhibit L - Policy and Procedure No. C-005, 13. Exhibit M - Categorical Exemption
REPORT TO THE PLANNING COMMISSION



October 18, 2017


FROM: MIKE SANCHEZ, Assistant Director
Development Services Division

THROUGH: MCKENCIE CONTRERAS, Supervising Planner
Development Services Division

BY: PHILLIP SIEGRIST, Planner II
Development Services Division

SUBJECT
Title
Consideration of Conditional Use Permit Application No. C-17-090, located on the southeast corner of West Shaw and North Marks Avenues. (Council District 1) - Development and Resource Management Department.

1. DENY Conditional Use Permit Application No. C-17-090 requesting to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store - sale of beer and wine for consumption off the premises where sold) for an existing convenience store.

Body
EXECUTIVE SUMMARY

Conditional Use Permit Application No. C-17-090 was filed by Sarkis Mkrtchyan, and pertains to approximately ?2,750 square feet of tenant space within the Peppertree Plaza Shopping Center located on the southeast corner of West Shaw and North Marks Avenues. The applicant requests to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store - sale of beer and wine for consumption off the premises where sold) for the existing Uptown Market convenience store. Staff is recommending denial of the Type 20 alcohol license.

Staff recommends denial of Conditional Use Permit Application No. C-17-090 based on substantial evidence detailed in this staff report that Findings A, B, C, and D contained in Section 15-5306 of the Fresno Municipal Code (FMC) cannot be made due to documented high crime in the area, and, therefore, the Conditional Use Permit cannot be approved.

BACKGROUND

Conditional Use Permit Application No. C-17-090 proposes to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store - sale of beer and wine for consumption off the premises where sold) for the existing Uptown Market con...

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