Planning Commission

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, February 7, 2024 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 Minutes - Final February 7, 2024 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 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 City of Fresno ***Subject to Mayoral Veto Page 2 Planning Commission Meeting Minutes - Final February 7, 2024 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 ***Subject to Mayoral Veto Page 3 Planning Commission Meeting Minutes - Final February 7, 2024 I. ROLL CALL Chair Vang called meeting to order at 6:03pm Also present were Jennifer Clark, Phillip Siegrist, Janice Monroe, Saul Perez, Kari Camino, Janel Showers, Kristi Costa (CAO), Heather Thomas (CAO), Harmanjit Dhaliwal (DPW), & Dejan Pavic (DPU). Present 6 - Chairperson Peter Vang, Commissioner David Criner , Commissioner Haley M. Wagner, Commissioner Kathy Bray, Commissioner Monica Diaz, and Commissioner Jacqueline G. Lyday Absent 1 - Vice Chair Brad Hardie II. PLEDGE OF ALLEGIANCE 6:03pm III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ 6:04pm Chair Vang read the procedures aloud. IV. AGENDA APPROVAL 6:04pm Siegrist reported no changes to the agenda. On motion of Commissioner Bray, seconded by Commissioner Diaz,the AGENDA was APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Lyday Absent: 1 - Vice Chair Hardie V. CONSENT CALENDAR 6:04pm On motion of Commissioner Diaz, seconded by Commissioner Criner, City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final February 7, 2024 the above CONSENT CALENDAR was APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Lyday Absent: 1 - Vice Chair Hardie V-A ID 24-88 January 3, 2024 Planning Commission Regular Meeting Minutes VI. REPORTS BY COMMISSIONERS 6:05pm None VII. CONTINUED MATTERS VII-A ID 24-195 CONTINUED FROM JANUARY 3, 2024 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. 6:05pm Siegrist made a presentation covering the background of the project (including location, Zoning Inquiry Q-11-035, questions from applicant during appeal submittal, etc.) and the appeal analysis. He also talked about the policies and procedures regarding Zoning Inquires and Tow Yards before elaborating on the current situation. He then explained Staff's recommendations of the Ministerial item. City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final February 7, 2024 Bray clarified with Staff when changes were made in the policy at hand. Costa explained what was open for discussion and the responsibility of the Commission. Wagner asked about which contracts of Bauer's were at risk. Bradley Boulden (attorney for applicant) made a presentation on how he felt Staff came to a wrongful conclusion in their analysis, showing aerials, Google Earth images, and a letter received from Planning & Development in 2011. Commissioners asked Boulden about why they were removed from the TSA list and how much revenue they received annually from the Police Department contract. Boulden reminded the Commission that they are required to have a minimum of 5,000 square feet of paved surface and that this requirement has been met. Public comment: Two people spoke in favor of the appeal. Ed Mason (applicant/appelant) explained that the pictures shown as evidence were of his wrecking yard, not storage yard and that his location was approved in 2011 when last visited. Jeffrey Reid (attorney for Bauer's) voiced disagreement with Staff's report and analysis, as well as what was considered relevant for their decision. He requested a revision of the Compliance Record. No one spoke in opposition of the appeal. Siegrist reported no visit to the site as a result of the Police Department supplied photos and lack of grading permit on file. He reminded the Commission that it is the burden of the Applicant to provide evidence for the determination. The Commission discussed the subjective nature of the evidence provided to them and Chair Vang stated that he did not feel comfortable making an City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final February 7, 2024 objective decision at this time, requesting a continuance to a date certain, 3/6/24, to allow the Applicant and Staff the opportunity to work together. On motion of Chairperson Vang, seconded by Commissioner Bray, that the above Action Item be CONTINUED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Lyday Absent: 1 - Vice Chair Hardie VIII. NEW MATTERS N/A IX. REPORT BY SECRETARY 6:55pm None X. SCHEDULED ORAL COMMUNICATIONS XI. UNSCHEDULED ORAL COMMUNICATIONS 6:56 pm XII. ADJOURNMENT Chair Vang adjourned the meeting at 6:57pm. City of Fresno ***Subject to Mayoral Veto Page 7