Muyni
← Back to Fresno

Planning Commission

Regular Meeting

Fresno, CA · January 4, 2023

AgendaMinutes

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

Get email alerts for Fresno

A daily email when new agendas and minutes are posted.

Report an issue with this meeting