Planning Commission
Regular MeetingFresno, CA · January 4, 2023
Minutes
City of Fresno
City Hall Council Chambers
2600 Fresno Street
Meeting Minutes - Final
Wednesday, January 4, 2023
6:00 PM
Regular Meeting
Electronic and/or In Person
City Hall Council Chambers
Planning Commission
Chairperson – Peter Vang
Vice Chair – Brad Hardie
Commissioner – David Criner
Commissioner – Haley M Wagner
Commissioner – Kathy Bray
Commissioner – Monica Diaz
Commissioner – Vacant
Planning Commission Meeting Minutes - Final January 4, 2023
PUBLIC ADVISORY
THE CITY COUNCIL CHAMBERS AND CITY HALL WILL BE OPEN TO THE PUBLIC AT
LIMITED CAPACITY
THE PLANNING COMMISSION WELCOMES YOU TO COUNCIL CHAMBERS,
LOCATED AT CITY HALL, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
The meeting can also be viewed live at 6:00 P.M. on Comcast Channel 96 and AT&T
channel 99.
Members of the public are encouraged to participate electronically because of
reduced capacity of seating in the Chambers to allow for social distancing. Masks will
be required for the vaccinated and unvaccinated.
Pursuant to the Executive Order, and in compliance with the Americans with
Disabilities Act, if you need special assistance to participate in the Commission
meeting, please contact the City Clerk’s Office, 559-621-7650 within 48 hours of the
meeting.
PUBLIC COMMENT:
The following options are available for members of the public who want to address
Planning Commission:
1. You are invited to a Zoom webinar.
a) If you would like to speak on an agenda item, you can access the meeting remotely
from a PC, Mac, iPad, iPhone, or Android device:
Please use this URL https://zoom.us/j/98135780878
b) Those addressing Commission must state their name for the record.
OR
2. Join by phone: 1-669-900-9128
Webinar ID: 981 3578 0878
a) Those addressing the Commission must state their name and address for the
record.
3. Email to: PublicCommentsPlanning@fresno.gov
City of Fresno ***Subject to Mayoral Veto Page 2
Planning Commission Meeting Minutes - Final January 4, 2023
a) Attendees may also email comments to be read during the meeting. Please include
the agenda date and item number you wish to speak on in the subject line of your
email. Include your name, and address for the record, at the top of the body of your
email.
b) Emails will be a maximum of 450 words.
c) All comments received will be distributed to the Planning Commission prior and
during the meeting and will be a part of the official record.
d) Notwithstanding subsection c) above, unless otherwise required by law to be
accepted by the City at or prior to a Commission meeting or hearing, no documents
shall be accepted for Commission review unless they are submitted to the Planning
and Development Department at least 24 hours prior to the commencement of the
Commission meeting at which the associated agenda item is to be heard.
All participants will be on mute until they are called upon at which point they will be
unmuted. To prevent participants from having their video on, we will remove the
option to show their video.
Pursuant to the Executive Order, and in compliance with the Americans with
Disabilities Act, if you need special assistance to participate in the Planning
Commission meeting, please contact the Planning Division, 559-621-8277 within 48
hours of the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent
spreading COVID-19 virus.
City of Fresno ***Subject to Mayoral Veto Page 3
Planning Commission Meeting Minutes - Final January 4, 2023
I. ROLL CALL
Chair Vang called meeting to order at 6:01pm.
Present 6 - Chairperson Peter Vang, Vice Chair Brad Hardie,
Commissioner David Criner , Commissioner Haley M.
Wagner, Commissioner Kathy Bray, and Commissioner
Monica Diaz
II. PLEDGE OF ALLEGIANCE
6:01pm
III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ
6:01pm
Chair Vang read the procedure aloud.
IV. AGENDA APPROVAL
6:03pm
Israel Trejo, Planning Manager, reported no changes to agenda.
On motion of Commissioner Criner , seconded by Commissioner
Diaz,the AGENDA was APPROVED. The motion carried by the
following vote:
Aye: 7 - Chairperson Vang, Vice Chair Hardie, Commissioner Criner ,
Commissioner Wagner, Commissioner Bray, Fuentes, and
Commissioner Diaz
V. CONSENT CALENDAR
6:04pm
Chair Vang asked about Consent Calendar and Director Clark clarified there
was nothing to vote on.
VI. REPORTS BY COMMISSIONERS
N/A
VII. CONTINUED MATTERS
N/A
VIII. NEW MATTERS
City of Fresno ***Subject to Mayoral Veto Page 4
Planning Commission Meeting Minutes - Final January 4, 2023
VIII-A ID 22-1897 Consideration of Cannabis Conditional Use Permit Application No.
P22-01549, and related Environmental Assessment No. P22-01549,
pertaining to approximately 1.41 acres of property located on the south
side of East Herndon Avenue between North Willow and North Chestnut
Avenues (Council District 6).
1. ADOPT Environmental Assessment No. P22-01549 dated October 11,
2022, a determination that the proposed project is exempt from the
California Environmental Quality Act (CEQA) through a Class 1
Categorical Exemption and
2. APPROVE Cannabis Conditional Use Permit Application P22-01549
proposing to establish a cannabis retail business within an existing
approximately 2,516 sq. ft. commercial tenant suite, subject to
compliance with the Conditions of Approval dated January 4, 2023.
6:05pm
Planner, Rob Holt, presented on the process, purpose, zoning, and
neighborhood responsibility policy for the project.
Jennifer Ruiz was present for questions on the Commercial Cannabis
Business Permits (CCB).
Cyrus Pai (Authentic Fresno Willow LLC), applicant, made a presentation
on the background of the company, security details, and their plan.
Commissioners discussed local contribution/ new jobs, delivery security,
testing safety of the product, and community engagement with Pai who
answered their questions.
Public Comment:
1 person spoke in support and 0 in opposition
On motion of Commissioner Fuentes, seconded by Commissioner
Criner , that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye: 7 - Chairperson Vang, Vice Chair Hardie, Commissioner Criner ,
Commissioner Wagner, Commissioner Bray, Fuentes, and
Commissioner Diaz
City of Fresno ***Subject to Mayoral Veto Page 5
Planning Commission Meeting Minutes - Final January 4, 2023
VIII-B ID 23-47 Consideration of Conditional Use Permit Application No. P21-01385 and
related Environmental Assessment No. P21-01385/P21-04202 for
approximately ±14.57 acres of property located on the northeast corner of
East Behymer and North Maple Avenues. (Council District 6) - Planning
and Development Department.
1. CONSIDER Mitigated Negative Declaration prepared for
Environmental Assessment (EA) No. P21-01385/P21-04202, dated
September 27, 2021, for the proposed project pursuant to the
California Environmental Quality Act (CEQA).
2. DENY the applicant’s appeal and UPHOLD the action of the
Planning and Development Department Director to approve
Conditional Use Permit Application No. P21-01385, a request to
construct a commercial development, subject to Conditions of
Approval dated December 24, 2021.
6:31pm
Planner, Jose Valenzuela, gave a presentation on the project summary,
background, and response to noticing.
To represent the applicant, Bonique Emerson (Precision Engineering) gave
a presentation explaining the split of a large parcel (with 2 separate owners
& applications). She talked about the proposed development, jobs, outreach,
appellant concerns, and goals.
The environmental consultant, Kaitlyn Heck (Stan Tech), was available for
questions in regards to any health concerns.
Representing the Developers, Gaurav Sethi was available for comments &
questions.
Public Comment:
1 person spoke in support and 2 in opposition (concerned with a lack of
outreach, EV stations, size of the service station, lighting, and the quality of
life if project is approved)
Commissioners discussed with Sethi, Heck, & Emerson the outreach and
progress of the last year, health concerns, and plan for adaptation to the
needs of the community with electric vehicles.
City of Fresno ***Subject to Mayoral Veto Page 6
Planning Commission Meeting Minutes - Final January 4, 2023
On motion of Commissioner Wagner, seconded by Commissioner
Bray, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye: 7 - Chairperson Vang, Vice Chair Hardie, Commissioner Criner ,
Commissioner Wagner, Commissioner Bray, Fuentes, and
Commissioner Diaz
VIII-C ID 23-61 WORKSHOP - Overview of Cleaner & Greener Overlay District Text
Amendment
7:13pm
Director Clark gave a presentation on the timeline, context, feedback, &
challenges of the Text Amendment. She asked the Commission what they
wanted to see in the overlay, requesting specific feedback on the documents
provided before she could move forward with a draft. She noted the
feedback could be during the meeting or sent electronically and added as
public record.
Vang was in favor of the flexibility and increased checkpoints.
Fuentes voiced concern of the Text Amendment being Citywide. He asked
about the community engagement, and thought additional areas should
receive attention outside of Southwest Fresno. He recommended reaching
out to business owners and private citizens for their feedback. He wasn't
confident that a single Text Amendment would work for all of Fresno.
Diaz spoke to Clark about the size of the group of residents that were
involved and how it was formed.
Wagner asked for a copy of the General Plan map before 2014 and present.
She emphasized focusing on what they wanted and how they wanted the
city to look.
Criner praised the work done, originally concerned with limiting research to
Southwest Fresno but felt better after the discussion. He was glad
Southwest Fresno was given a voice in this project.
City of Fresno ***Subject to Mayoral Veto Page 7
Planning Commission Meeting Minutes - Final January 4, 2023
Bray agreed with Wagner's focus on what they wanted, not what they didn't
want to change. She felt it should be broadened, particularly addressing
technology. She felt there was technology that was still unknown and should
be considered in proposal.
Hardie had no comment.
Fuentes also asked about how the future was addressed & any potential
transition plan, to which Clark explained she would like to see a transitional
process.
After the discussion, Clark reminded everyone of the upcoming schedule of
presentations.
IX. REPORT BY SECRETARY
N/A
X. SCHEDULED ORAL COMMUNICATIONS
N/A
XI. UNSCHEDULED ORAL COMMUNICATIONS
N/A
XII. ADJOURNMENT
Chair Vang adjourned the meeting at 8:16pm
City of Fresno ***Subject to Mayoral Veto Page 8
Agenda
City of Fresno
City Hall Council Chambers
2600 Fresno Street
Meeting Agenda - Final
Wednesday, January 4, 2023
6:00 PM
Regular Meeting
Electronic and/or In Person
City Hall Council Chambers
Planning Commission
Chairperson – Peter Vang
Vice Chair – Brad Hardie
Commissioner – David Criner
Commissioner – Haley M Wagner
Commissioner – Kathy Bray
Commissioner – Monica Diaz
Commissioner – Robert Fuentes
Planning Commission Meeting Agenda - Final January 4, 2023
PUBLIC ADVISORY
THE CITY COUNCIL CHAMBERS AND CITY HALL WILL BE OPEN TO THE PUBLIC AT
LIMITED CAPACITY
THE PLANNING COMMISSION WELCOMES YOU TO COUNCIL CHAMBERS,
LOCATED AT CITY HALL, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
The meeting can also be viewed live at 6:00 P.M. on Comcast Channel 96 and AT&T
channel 99.
Members of the public are encouraged to participate electronically because of
reduced capacity of seating in the Chambers to allow for social distancing. Masks
will be required for the vaccinated and unvaccinated.
Pursuant to the Executive Order, and in compliance with the Americans with
Disabilities Act, if you need special assistance to participate in the Commission
meeting, please contact the City Clerk’s Office, 559-621-7650 within 48 hours of the
meeting.
PUBLIC COMMENT:
The following options are available for members of the public who want to address
Planning Commission:
1. You are invited to a Zoom webinar.
a) If you would like to speak on an agenda item, you can access the meeting
remotely from a PC, Mac, iPad, iPhone, or Android device:
Please use this URL https://zoom.us/j/98135780878
b) Those addressing Commission must state their name for the record.
OR
2. Join by phone: 1-669-900-9128
Webinar ID: 981 3578 0878
a) Those addressing the Commission must state their name and address for the
record.
3. Email to: PublicCommentsPlanning@fresno.gov
City of Fresno Page 2
Planning Commission Meeting Agenda - Final January 4, 2023
a) Attendees may also email comments to be read during the meeting. Please include
the agenda date and item number you wish to speak on in the subject line of your
email. Include your name, and address for the record, at the top of the body of your
email.
b) Emails will be a maximum of 450 words.
c) All comments received will be distributed to the Planning Commission prior and
during the meeting and will be a part of the official record.
d) Notwithstanding subsection c) above, unless otherwise required by law to be
accepted by the City at or prior to a Commission meeting or hearing, no documents
shall be accepted for Commission review unless they are submitted to the Planning
and Development Department at least 24 hours prior to the commencement of the
Commission meeting at which the associated agenda item is to be heard.
All participants will be on mute until they are called upon at which point they will be
unmuted. To prevent participants from having their video on, we will remove the
option to show their video.
Pursuant to the Executive Order, and in compliance with the Americans with
Disabilities Act, if you need special assistance to participate in the Planning
Commission meeting, please contact the Planning Division, 559-621-8277 within 48
hours of the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent
spreading COVID-19 virus.
City of Fresno Page 3
Planning Commission Meeting Agenda - Final January 4, 2023
I. ROLL CALL
II. PLEDGE OF ALLEGIANCE
III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ
For each matter considered by the Commission, there will first be a staff presentation,
followed by a presentation from the project applicant. Testimony from supporters of the
project will then be taken, followed by testimony from those in opposition. The applicant
will have the right to a final rebuttal presentation prior to closing the public hearing.
In accordance with section 13 of Article 2 of the Planning Commission Rules and
Regulations governing length of public debate, all public testimony from those in support
and in opposition of the project will be limited to three minutes per person. The three
lights on the podium next to the microphone will indicate the amount of time remaining
for the speaker. The green light will be turned on when the speaker begins. The yellow
light will come on with a soft bell ring when one minute is remaining. The speaker should
be completing the testimony by the time the red light comes on with a final bell indicating
time has expired. All public testimony must be presented to the Commission at the
podium. Any testimony that references race, religion, ethnicity, economic status,
national origin, or any other classification protected under state or federal law in a
derogatory manner shall be deemed irrelevant and will not be considered by the
Commission in making its land use
determinations.
If you challenge these land use matters in court, you may be limited to raising only those
issues you or someone else raised in oral or written testimony or before the close of the
hearing.
IV. AGENDA APPROVAL
V. CONSENT CALENDAR
VI. REPORTS BY COMMISSIONERS
VII. CONTINUED MATTERS
VIII. NEW MATTERS
City of Fresno Page 4
Planning Commission Meeting Agenda - Final January 4, 2023
VIII-A ID 22-1897 Consideration of Cannabis Conditional Use Permit Application No.
P22-01549, and related Environmental Assessment No. P22-01549,
pertaining to approximately 1.41 acres of property located on the south
side of East Herndon Avenue between North Willow and North
Chestnut Avenues (Council District 6).
1. ADOPT Environmental Assessment No. P22-01549 dated October
11, 2022, a determination that the proposed project is exempt
from the California Environmental Quality Act (CEQA) through a
Class 1 Categorical Exemption and
2. APPROVE Cannabis Conditional Use Permit Application P22-
01549 proposing to establish a cannabis retail business within
an existing approximately 2,516 sq. ft. commercial tenant suite,
subject to compliance with the Conditions of Approval dated
January 4, 2023.
Sponsors: Planning and Development Department
Attachments: Exhibit A - Aerial Map
Exhibit B - Public Hearing Notice Map & Petition Signatures
Exhibit C - Fresno Municipal Code Findings
Exhibit D - Conditions of Approval for Cannabis CUP Application P22-01549 [1/
Exhibit E - Operational Statement [6/15/22]
Exhibit F - Site Plan & Floor Plan [10/18/22]
Exhibit G - Neighborhood Responsibility Plan [6/15/22]
Exhibit H - Security Plan [June 15, 2022]
Exhibit I - Environmental Assessment P22-01549 [10/11/22]
Exhibit J - E-mail [11/8/22]
Exhibit K - E-mail & Attached Letter [11/14/22]
Exhibit L - Ordinance 93-50 & Statement of Covenants Affecting Land Dev.
City of Fresno Page 5
Planning Commission Meeting Agenda - Final January 4, 2023
VIII-B ID 23-47 Consideration of Conditional Use Permit Application No. P21-01385
and related Environmental Assessment No. P21-01385/P21-04202
for approximately ±14.57 acres of property located on the northeast
corner of East Behymer and North Maple Avenues. (Council District 6)
- Planning and Development Department.
1. CONSIDER Mitigated Negative Declaration prepared for
Environmental Assessment (EA) No. P21-01385/P21-04202,
dated September 27, 2021, for the proposed project pursuant to
the California Environmental Quality Act (CEQA).
2. DENY the applicant’s appeal and UPHOLD the action of the
Planning and Development Department Director to approve
Conditional Use Permit Application No. P21-01385, a request to
construct a commercial development, subject to Conditions of
Approval dated December 24, 2021.
Sponsors: Planning and Development Department
Attachments: Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Public Hearing Notice Map
Exhibit D - Existing Planned Land Use Map
Exhibit E - Existing Zone Map
Exhibit F - Exhibits
Exhibit G - Operational Statement
Exhibit H - Project Information Tables
Exhibit I - Environmental Assessment P21-01385 / P21-04202
Exhibit J - Conditions of Approval
Exhibit K - Fresno Municipal Code Findings
Exhibit L - Notice of Intent to Take Action
Exhibit M - Protest Letters
Exhibit N - Notice of Action
Exhibit O - Appeal Letter
Exhibit P - Notice of Public Hearing
Supplemental Exhibit Q - Support to Public Hearing Notice
Supplemental Exhibit R - Opposition to Public Hearing Notice
City of Fresno Page 6
Planning Commission Meeting Agenda - Final January 4, 2023
VIII-C ID 23-61 WORKSHOP - Overview of Cleaner & Greener Overlay District Text
Amendment
Sponsors: Planning and Development Department
Attachments: SUPPLEMENTAL Exhibit A - Presentation
Exhibit B – Initiated Text Amendment (from June 1, 2022 PC meeting)
Exhibit C – Revision submitted by Concerned Citizens for Southwest Fresno/Go
Exhibit D – Revision submitted by Elm Property Owners
IX. REPORT BY SECRETARY
X. SCHEDULED ORAL COMMUNICATIONS
XI. UNSCHEDULED ORAL COMMUNICATIONS
You may address the Planning Commission at the conclusion of the Commission
meeting regarding matters of public interest that are not listed on the agenda and that
are within the Commission's jurisdiction. Please be present at the conclusion of the
meeting if you wish to be heard. Anyone wishing to be placed on the Planning
Commission Agenda should contact the Planning and Development Department
(telephone: 559-621-8277) at least 10 days before the desired appearance date.
XII. ADJOURNMENT
UPCOMING MATTERS (dates subject to change)
City of Fresno Page 7
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