Planning Commission

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Agenda - Final Wednesday, October 4, 2023 6:00 PM Regular Meeting In Person and/or Electronic 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 – Jacqueline Lyday Planning Commission Meeting Agenda - Final October 4, 2023 THE PLANNING COMMISSION WELCOMES YOU TO COUNCIL CHAMBERS, LOCATED AT CITY HALL, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. PUBLIC PARTICIPATION – Any interested person may appear at the public hearing and present written testimony or speak in favor or against the matters scheduled on the agenda. Public participation during Fresno City Planning Commission meetings is always encouraged and can occur in one of the two following ways: 1. Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 a. To speak during a Commission meeting in person: You may approach the speaker podium upon the Chair’s call for public comment. 2. Participate Remotely via Zoom: https://zoom.us/webinar/register/WN_I18M0bh8TbSGAo27i5ze1Q a. The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b. To speak during a Commission meeting while attending remotely in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “Raise Hand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen. All public speakers will have up to 3 minutes to address the Commission pursuant to Rule No. 13 of the Planning Commission Bylaws of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS – 1. E-mail – Agenda related documents and comments can be e-mailed to PublicCommentsPlanning@fresno.gov. 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. a. Attendees may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak City of Fresno Page 2 Planning Commission Meeting Agenda - Final October 4, 2023 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 at least 24 hours prior will be distributed to the Planning Commission prior and during the meeting and will be a part of the official record. VIEWING PLANNING MEETINGS (non-participatory) – For your convenience, there are ways to view Planning Commission meetings live: 1. Community Media Access Collaborative website: https://cmac.tv/ 2. Cable Television: Comcast Channel 96 and AT&T Channel 99 Should any of these viewing methods listed above experience technical difficulties, the Commission meeting will continue uninterrupted. Commission meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Chambers. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability of these services, you are advised to make your request a minimum of 48 hours prior to the scheduled meeting. City of Fresno Page 3 Planning Commission Meeting Agenda - Final October 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 V-A ID 23-1447 August 2, 2023 Planning Commission Regular Meeting Minutes Sponsors: Planning and Development Department Attachments: Exhibit A - August 2, 2023 DRAFT Planning Commission Minutes City of Fresno Page 4 Planning Commission Meeting Agenda - Final October 4, 2023 V-B ID 23-1452 CONTINUED TO OCTOBER 18, 2023 Consideration of Vesting Tentative Tract Map No. 6346 and the related Environmental Assessment No. T-6346 pertaining to approximately 4.97 acres of property located on the northeast corner of North Fowler and East Princeton Avenues (Council District 7). 1. ADOPT Environmental Assessment No. T-6346 dated August 16, 2023, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315/Class 15 (Minor Land Divisions) of CEQA Guidelines. 2. APPROVE Vesting Tentative Tract Map No. 6346 which requests authorization to subdivide the subject property into a one-lot subdivision for condominium purposes, subject to compliance with the Conditions of Approval dated October 4, 2023. Sponsors: Planning and Development Department VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS VIII. NEW MATTERS City of Fresno Page 5 Planning Commission Meeting Agenda - Final October 4, 2023 VIII-A ID 23-1438 Consideration of Development Permit Application No. P22-04122, and related Environmental Assessment No. P22-04122 pertaining to approximately 8.0 acres of property located on the east side of North Abby Street, between East Minarets/East Alluvial and East Spruce Avenues (Council District 6) - Planning & Development Department. 1. RECOMMEND ADOPTION (to the City Council) of Environmental Assessment P22-04122, dated May 5, 2023, a Mitigated Negative Declaration for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines; and, 2. DENY the appeals and UPHOLD the action of the Planning and Development Department Director to approve Development Permit Application P22-04122, authorizing the construction of an approximately 104,867 square-foot furniture showroom, subject to compliance with the Conditions of Approval dated July 24, 2023. Sponsors: Planning and Development Department Attachments: Exhibit A - Vicinity Map Exhibit B - General Plan Land Use & Zoning Map Exhibit C - Appeal Letter [8-8-2023] Exhibit D - Response to Appeal Letter [06-15-2023] Exhibit E - Exhibits Exhibit F - Fresno Municipal Code Findings Exhibit G - Public Hearing Notice Radius Map (1,000 feet) Exhibit H - Conditions of Approval [7-24-2023] Exhibit I - Environmental Assessment P22-04122 [5-5-2023] Exhibit J - Notice of Intent to Adopt Environmental Assessment P22-04122 [5-5 Exhibit K - Notice of Action [7-24-2023] Supplemental Exhibit L – Public Comment Received After 9/8/2023 City of Fresno Page 6 Planning Commission Meeting Agenda - Final October 4, 2023 VIII-B ID 23-1432 Consideration of an appeal filed regarding the denial of Conditional Use Permit Application (CUP) No. P23-00593, requesting authorization to upgrade from a State of California Alcoholic Beverage Control Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for a ±2,576 square-foot Johnny Quik Food Store currently under construction located at 6940 West Barstow Avenue, on the northeast corner of West Barstow and North Grantland Avenues. (Council District 2) 1. DENY the Appellant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P23-00593 requesting authorization to upgrade from a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Sale beer and wine) to a Type 21 alcohol license (Off-Sale beer, wine, and distilled spirits) for an existing Johnny Quik Food Store. Sponsors: Planning and Development Department Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Zoning Map Exhibit D - Project Information Tables Exhibit E - Noticing Map, NOITTA, NOA, NOPH Exhibit F - Master App. & Owner Authorization Exhibit G - Operational Statement Exhibit H - Exhibits (Site Plan, Elevations, Floor Plan) Exhibit I - Appeal Letter Exhibit J - Draft Conditions of Approval [10/4/2023] Exhibit K - Fresno Municipal Code Findings Exhibit L - Denial Letter Exhibit M - Policy & Procedure C-005 Exhibit N - Environmental Assessment P23-00593 City of Fresno Page 7 Planning Commission Meeting Agenda - Final October 4, 2023 VIII-C ID 23-1456 Consideration of an appeal filed regarding Conditional Use Permit Application No. P23-00244, and related Environmental Assessment for property located at 3045 West Bullard Avenue on the southwest corner of West Bullard and North Marks Avenues (Council District 2). 1. ADOPT Environmental Assessment No. P23-00244, dated July 1, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through Section 15301/Class 1 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P23-00244 authorizing the extension of the hours of operation for an existing restaurant with alcohol sales with a State of California Alcoholic Beverage Control (ABC) Type 47 alcohol license (On-Sale General - Eating Place), subject to the Conditions of Approval dated August 7, 2023. Sponsors: Planning and Development Department Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Zoning Map Exhibit D - Project Information Tables Exhibit E - Noticing Map.pdf Exhibit F - Owner's Letter of Authorization Exhibit G - Operational Statement Exhibit H - Exhibits (Site Plan, Elevation Photos, Floor Plans) Exhibit I - Appeal Letter Exhibit J - Department & Agency Comments Exhibit K - Fresno Municipal Code Findings Exhibit L - Environmental Assessment Exhibit M - Conditions of Approval [8-7-2023] Supplemental Exhibit N – Public Comments City of Fresno Page 8 Planning Commission Meeting Agenda - Final October 4, 2023 VIII-D ID 23-1431 Hearing to consider Development Permit Application No. P21-02699, Vesting Tentative Parcel Map No. 2021-09, and related Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2022050265, regarding an Office/Warehouse Project located on approximately ± 48.03 acres of property at the northeast intersection of North Marks and West Nielsen Avenues (Council District 3) 1. CERTIFY Final Environmental Impact Report (SCH No. 2022050265), for the proposed Office/Warehouse Project; a. Adopt the Water Supply Assessment (WSA) attached to the FEIR as Appendix K in compliance with Section 10910 of the California Water Code and Section 15155 of the CEQA Guidelines, and adopt the WSA as a technical addendum to the Environmental Impact Report; and, b. Adopt Findings of Fact pursuant to CEQA Guidelines Section 15091; and, c. Adopt a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines section 15097; and, 2. APPROVE Development Permit Application No. P21-02699 which request authorization to construct four office/warehouse buildings with a total gross floor area of approximately ± 901,438 square feet, subject to compliance with the Conditions of Approval dated October 4, 2023; and, 3. APPROVE Vesting Tentative Parcel Map No. 2021-09 which request authorization to subdivide the subject property into four parcels: Parcel A ± 11.68 acres, Parcel B ± 5.38 acres, Parcel C ± 5.14 acres, Parcel D ± 26.15 acres, subject to compliance with the Conditions of Approval dated October 4, 2023. Sponsors: Planning and Development Department City of Fresno Page 9 Planning Commission Meeting Agenda - Final October 4, 2023 Attachments: Exhibit A – Vicinity Map & Aerial Photo Exhibit B – Zoning Map & Planned Land Use Map Exhibit C – Project Information Tables Exhibit D - Project Site Plan Rendering Exhibit E - Project Elevations Renderings Exhibit F-1 - Draft EIR Exhibit F-2 - Draft EIR Appendices Volume 1 (A-I) Exhibit F-3 - Draft EIR Appendices Volume 2 (J-M) Exhibit G - Draft EIR Response to Comments Exhibit H - Draft EIR Mitigation Monitoring & Reporting Program Exhibit I - Draft EIR Findings of Fact Exhibit J - SB 610 Water Supply Assessment Exhibit K - Errata to the Final EIR Exhibit L - Notice of Public Hearing Exhibit M - Fresno Municipal Code Findings Exhibit N - Conditions of Approval for Dev. Permit P21-02699 Exhibit O - Conditions of Approval for Vesting Tentative Parcel Map 2021-09 Exhibit P - EIR Certification Resolution Supplemental Exhibit Q – Comments Received After Agenda Publication 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 City of Fresno Page 10