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File #: ID 20-001417    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 10/13/2020 In control: Planning Commission
On agenda: 10/21/2020 Final action:
Title: Consideration of Conditional Use Permit Application No. P20-02558, a request for authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 alcohol license (Off-Sale General [Package Store] - sale of beer, wine, and distilled spirits for consumption on the licensed premises) for a vacant parcel located at 10032 North Maple Avenue #101+ at the northeast corner of North Maple and East Behymer Avenues (Council District 6). 1. DENY the applicant's appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P20-02558 requesting authorization to establish an ABC Type 21 alcohol license (Off-Sale General [Package Store] - sale of beer, wine, and distilled spirits for consumption on the licensed premises).
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photograph, 3. Exhibit C - Planned Land Use Map, 4. Exhibit D - Zoning Map, 5. Exhibit E - Project Information Table, 6. Exhibit F - Noticing Map, 7. Exhibit G - Master Application / Owner Authorization, 8. Exhibit H - Operational Statement, 9. Exhibit I - Exhibits (Site Plan, Elevations, Floor Plans), 10. Exhibit J - Notice of Intent to Take Action, 11. Exhibit K - Policy and Prodedure No. C-005, Specialty Grocery Stores, 12. Exhibit L - P20-02558 CUP Denial Letter, 13. Exhibit M - Applicant Appeal Letter, 14. Exhibit N - Public Hearing Notice, 15. Exhibit O - Fresno Municipal Code Findings, 16. Exhibit P - Draft Conditions of Approval, 17. Supplemental 1.pdf
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REPORT TO THE PLANNING COMMISSION



October 21, 2020


FROM: Dan Zack, Assistant Director
Planning & Development Department

THROUGH: MARGO LERWILL, Supervising Planner
Development Services Division

BY: MARISELA MARTINEZ Planner I
Development Services Division

SUBJECT
Title
Consideration of Conditional Use Permit Application No. P20-02558, a request for authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 alcohol license (Off-Sale General [Package Store] - sale of beer, wine, and distilled spirits for consumption on the licensed premises) for a vacant parcel located at 10032 North Maple Avenue #101+ at the northeast corner of North Maple and East Behymer Avenues (Council District 6).

1. DENY the applicant's appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P20-02558 requesting authorization to establish an ABC Type 21 alcohol license (Off-Sale General [Package Store] - sale of beer, wine, and distilled spirits for consumption on the licensed premises).

Body
EXECUTIVE SUMMARY

Conditional Use Permit Application No. P20-02558 was filed by Jenna Chilingerian of Precision Civil Engineering on behalf of Sethi Management, Inc and requests authorization to establish an ABC Type 21 alcohol license (Off-Sale General [Package Store] - sale of beer, wine, and distilled spirits for consumption on the licensed premises). No physical development is proposed under this special permit application.

On September 29, 2020, the Planning & Development Department Director denied the Conditional Use Permit application based upon the project's noncompliance with the required location restrictions of Section 15-2706-E of the Fresno Municipal Code (FMC) and the inability to make the required findings for Conditional Use Permits under FMC Section 15-5306 (Exhibit L, Denial Letter).

The Director's denial was appealed by the applicant on October 1, 2...

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