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File #: ID 24-424    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 3/20/2024 In control: City Council
On agenda: 5/2/2024 Final action:
Title: Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer's Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California (Council District 3) - Planning and Development Department. 1. DENY the appeal and UPHOLD the determination that Bauer's Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and 2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer's Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photograph, 3. Exhibit C - Planned Land Use and Zoning Map, 4. Exhibit D - Zoning Inquiry Application, 5. Exhibit E - Zoning Inquiry P23-02357 Response Letter, 6. Exhibit F - Appeal Letter, 7. Exhibit G - Directors Classification No. 208, 8. Exhibit H - Policy and Procedure C-002, 9. Exhibit I - CoF DPW Standard P-21, 10. Exhibit J - Zoning Inquiry Q-11-035, 11. Exhibit K - Non-Exclusive Franchise Tow Agreement for Fresno Police Department, 12. Exhibit L - FMC Section 15-2765 - Vehicle Impound (Tow Yard) Yard and Transit Storage, 13. Exhibit M - Public Hearing Notice and Notice Map, 14. Exhibit N - Letter from Applicant-Appellant to PC [12-27-2023], 15. Exhibit O - Independent Hearing Order and Decision, 16. Exhibit P - Applicant Supplemental Letter dated 1.2.2024 and Presentation, 17. Exhibit Q - Additional Information from Applicant, 18. Exhibit R - Letter from Applicant [7-7-2023], 19. Exhibit S - Planning Commission Resolution No. 13840, 20. Exhibit T - Councilmember Appeal Letter, 21. 24-424 920 Supplemental Packet Final 2 - Rec'd 5/2/2024, 22. 24-424 920 Supplemental Packet- final_Redacted
REPORT TO THE CITY COUNCIL


FROM: JENNIFER K. CLARK, AICP, Director
Planning and Development Department

BY: PHILLIP SIEGRIST, Manager
Planning and Development Department

SUBJECT
Title
Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer's Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California (Council District 3) - Planning and Development Department.
1. DENY the appeal and UPHOLD the determination that Bauer's Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and
2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer's Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.

Body
RECOMMENDATION

1. DENY the appeal and UPHOLD the determination that Bauer's Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and
2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer's Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely.

EXECUTIVE SUMMARY

Edward Mason, of Bauer's Auto Wrecking, filed Zoning Inquiry Application No. P23-02357 requesting specific information for Bauer's Towing with respect to compliance with the Fresno Municipal Code (FMC) Zoning Ordinance, applicable policies and procedures, prior approvals or permits, and whether the use of the subject property for a Tow Yard satisfies relevant zoning laws of the City, based on the following facts and evidence.

Staff prepared a response lette...

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