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File #: ID 25-507    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 4/2/2025 In control: Planning Commission
On agenda: 5/7/2025 Final action:
Title: Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P23-02631, requesting authorization to establish a banquet hall within an existing ?8,384 tenant space located at 4927 East McKinley Avenue, on the northwest corner of East McKinley Avenue and North Fine Avenue (Council District 4) - Planning and Development Department. 1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P23-02631, requesting authorization to establish and operate an ? 8,384 square foot banquet hall.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A – Project Exhibits (Site Plan and Floor Plan), 2. Exhibit B – Operational Statement, 3. Exhibit C – Vicinity Map, 4. Exhibit D – Aerial Photograph, 5. Exhibit E – Fresno General Plan Land Use and Zoning Map, 6. Exhibit F – Project Information Tables, 7. Exhibit G – Drafted Conditions of Approval [5-7-2025], 8. Exhibit H – Drafted Categorical Exemption [5-7-2025], 9. Exhibit I – Public Comments, 10. Exhibit J – Fresno Municipal Code Findings, 11. Exhibit K – Noticing Map, NOITTA, NOA, NOPH, 12. Exhibit L – Denial Letter, 13. Exhibit M – Appeal Letter, 14. Exhibit N - Cross Access Document No. 108566, 15. Exhibit O - Parcel Map No. 81-27, 16. Supplemental Exhibit P - Comment Letters Received by Public
REPORT TO THE PLANNING COMMISSION



May 7, 2025


FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department

THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department

BY: SAUL PEREZ, Planner II
Planning and Development Department

SUBJECT
Title
Consideration of an appeal regarding the denial of Conditional Use Permit Application No. P23-02631, requesting authorization to establish a banquet hall within an existing ?8,384 tenant space located at 4927 East McKinley Avenue, on the northwest corner of East McKinley Avenue and North Fine Avenue (Council District 4) - Planning and Development Department.

1. DENY the Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to deny Conditional Use Permit Application No. P23-02631, requesting authorization to establish and operate an ? 8,384 square foot banquet hall.

Body
EXECUTIVE SUMMARY

Conditional Use Permit Application No. P23-02631 was filed by Xiamy Ly-Yang of Rivendell Community Inc. and pertains to ?1.57 acres of developed property located at 4927 East McKinley Avenue, on the northwest corner of East McKinley Avenue and North Fine Avenue. The applicant requests authorization to establish and operate an approximately 8,384 square-foot banquet hall in combination with an existing adult day care center.

On March 21, 2025, the Director of Planning and Development denied the Conditional Use Permit Application No. P23-02631 due to the project's inability to satisfy the requirements of Fresno Municipal Code (FMC) Section 15-2409 (Required Parking, Other Districts) and the inability to make the required findings for conditional use permits under FMC Section 15-5306 (Exhibit J, Fresno Municipal Code Findings). The denial letter is attached as Exhibit L.

The Director's decision to deny the request was appealed by Councilmember Tyler Maxwell, on April 2, 2025 (Exhibit M). Staff recommends upholding the Director's denial of the ...

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