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File #: ID 24-440    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 3/22/2024 In control: Planning Commission
On agenda: 4/3/2024 Final action: 4/3/2024
Title: Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle "D" Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7) 1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle "D" Food & Liquor store.
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 C-4 Project Floor Plan, 9. Exhibit D - Notice of Intent to Take Action, 10. Exhibit E - Denial Letter, 11. Exhibit F - Fresno Municipal Code Findings, 12. Exhibit G - Appeal Letter, 13. Exhibit H - Notice of Public Hearing, 14. Exhibit I-1 Draft Conditions of Approval for ABCUP P22-03906, 15. Exhibit I-2 Draft Categorical Exemption for ABCUP P22-03906, 16. Exhibit J - Supplemental Materials Submitted by Applicant, 17. Supplemental Exhibit K - Applicant Submitted Letters of Support, 18. Supplemental Exhibit L - Letters of Support After Agenda Publication
REPORT TO THE PLANNING COMMISSION



April 3, 2024


FROM: JENNIFER K. CLARK, Director
Planning & Development Department

THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department

BY: STEVEN MARTINEZ, Planner
Planning & Development Department

SUBJECT
Title
Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle "D" Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7)

1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle "D" Food & Liquor store.

Body
EXECUTIVE SUMMARY

Conditional Use Permit Application No. P23-03906 was filed by Felipe Ceballos, on behalf of Baldev Khela of Circle D gas station, and pertains to an existing to ? 2,939 square-foot gas station and convenience store located on a ?0.60-acre developed site located on the southeast corner of North Fresno Street and East Olive Avenue.

The establishment previously operated with a Type 21 alcohol license at this location. However, due to a fire in 2018, the use ceased operations and considered abandoned pursuant to Fresno Municipal Code Section 15-404(F)(3). Conditional Use Permit Application No. P23-03906 requests to reestablish a State of California ABC Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for the ? 2,939 square-foot Circle D gas station and convenience store.

On October 16, 2023, the Director of Planning and Development denied the CUP application based upon the project's non-compliance wit...

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