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Planning Commission

Regular Meeting

Fresno, CA · May 1, 2024

AgendaMinutes

Minutes

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, May 1, 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 May 1, 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 the Planning & Development Department. 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 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, pursuant to Article 4 (3). a. Email comments to PublicCommentsPlanning@fresno.gov. b. Emails should 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. City of Fresno ***Subject to Mayoral Veto Page 2 Planning Commission Meeting Minutes - Final May 1, 2024 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 May 1, 2024 I. ROLL CALL Chair Vang called meeting to order at 6:03 p.m. Also present were Jennifer Clark, Phillip Siegrist, Leefong Mouavangsou, Janice Monroe, Kari Camino, Heather Thomas (CAO), and Harmanjit Dhaliwal (DPW). Present 4 - Chairperson Peter Vang, Commissioner David Criner , Commissioner Kathy Bray, and Commissioner Jacqueline G. Lyday Absent 2 - Commissioner Haley M. Wagner, and Commissioner Monica Diaz II. PLEDGE OF ALLEGIANCE 6:03 p.m. III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ 6:04 p.m. Chair Vang read procedures aloud. IV. AGENDA APPROVAL 6:05 p.m. Siegrist reported no changes to the agenda. On motion of Commissioner Bray, seconded by Commissioner Criner, the AGENDA was APPROVED. The motion carried by the following vote: Aye: 4 - Chairperson Vang, Commissioner Criner , Commissioner Bray, and Commissioner Lyday Absent: 3 - Hardie, Commissioner Wagner, and Commissioner Diaz V. CONSENT CALENDAR 6:06 p.m. On motion of Commissioner Criner, seconded by Commissioner Bray, the CONSENT CALENDAR was APPROVED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final May 1, 2024 Aye: 4 - Chairperson Vang, Commissioner Criner , Commissioner Bray, and Commissioner Lyday Absent: 3 - Hardie, Commissioner Wagner, and Commissioner Diaz V-A ID 24-516 April 3, 2024 Planning Commission Regular Meeting Minutes VI. REPORTS BY COMMISSIONERS 6:07 p.m. Vice Chair Hardie attended the meeting to say good-bye to his fellow Commissioners and Staff, as he is now serving on another Committee. He stated it was a privilege to work with everyone for the last 5 years and he hoped to see everyone around. Chair Vang and Commissioner Criner both expressed gratitude and thanked him for his service. VII. CONTINUED MATTERS N/A VIII. NEW MATTERS City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final May 1, 2024 VIII-A ID 24-604 Consideration of Text Amendment Application No. P24-01100 and related Environmental Finding for Environmental Assessment No. P24-01100, amending Section 15-2706, Section 15-6704, and Section 15-6802 of the Citywide Development Code, relating to the sale of alcoholic beverages for off-site consumption, commercial use classifications, and definitions. RECOMMENDATION: 1. RECOMMEND ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P24-01100 dated April 15, 2024, is exempt from the California Environmental Quality Act (CEQA) pursuant to the Common Sense Exemption that it can be seen with certainty that there is no possibility that the proposed Text Amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P24-01100, to amend Section 15- 2706, Section 15-6704, and Section 15-6802 of the Citywide Development Code, relating to the sale of alcoholic beverages for off-site consumption, commercial use classification, and definitions. 6:09 p.m. Clark introduced Mouavangsou, gave a brief description of his position as a Special Projects Liaison, and provided a brief background of the item. Siegrist gave a short description of the Text Amendment Application relating to the Responsible Neighborhood Market Act (RNMA) and the regulations for alcohol sales for off-site consumption. Mouavangsou made a presentation on the overview of the Text Amendment and the importance of revising Fresno Municipal Code 15-2706, 15-6704, and 15-6802. He spoke about existing location restrictions and exceptions, as well as the exemption of Full-Service Grocery Stores from the Citywide Ratio and Cancel and Transfer Provisions. Commissioner Criner left at 6:16 p.m. and the meeting was paused due to lack of quorum. Meeting resumed at 6:19 p.m. upon his return. City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final May 1, 2024 Mouavangsou continued his presentation regarding how the proposed Text Amendment would provide more flexibility for Full-Service Grocery Stores seeking to locate into under-served neighborhoods. He explained the definitions and concluded with a timeline of public notice and input, and Staff recommendations. No public comment was given. On motion of Commissioner Bray, seconded by Commissioner Criner, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 4 - Chairperson Vang, Commissioner Criner , Commissioner Bray, and Commissioner Lyday Absent: 3 - Hardie, Commissioner Wagner, and Commissioner Diaz IX. REPORT BY SECRETARY 6:24 p.m. Clark made a report about May being Historic Preservation Month, which will start with a Proclamation at City Council on May 2, 2024. This year's theme is "People Saving Places" and there are many activities scheduled throughout the month that she encouraged everyone to attend. X. SCHEDULED ORAL COMMUNICATIONS N/A XI. UNSCHEDULED ORAL COMMUNICATIONS 6:26 p.m. None XII. ADJOURNMENT Chair Vang adjourned the meeting at 6:26 p.m. City of Fresno ***Subject to Mayoral Veto Page 7

Agenda

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Agenda - Final Wednesday, May 1, 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 Agenda - Final May 1, 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 the Planning & Development Department. 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 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, pursuant to Article 4 (3). a. Email comments to PublicCommentsPlanning@fresno.gov. b. Emails should 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. VIEWING PLANNING MEETINGS (non-participatory) – For your convenience, City of Fresno Page 2 Planning Commission Meeting Agenda - Final May 1, 2024 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 May 1, 2024 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 24-516 April 3, 2024 Planning Commission Regular Meeting Minutes Sponsors: Planning and Development Department Attachments: Exhibit A - April 3, 2024 DRAFT Planning Commission Minutes VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS City of Fresno Page 4 Planning Commission Meeting Agenda - Final May 1, 2024 VIII. NEW MATTERS VIII-A ID 24-604 Consideration of Text Amendment Application No. P24-01100 and related Environmental Finding for Environmental Assessment No. P24-01100, amending Section 15-2706, Section 15-6704, and Section 15-6802 of the Citywide Development Code, relating to the sale of alcoholic beverages for off-site consumption, commercial use classifications, and definitions. RECOMMENDATION: 1. RECOMMEND ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P24-01100 dated April 15, 2024, is exempt from the California Environmental Quality Act (CEQA) pursuant to the Common Sense Exemption that it can be seen with certainty that there is no possibility that the proposed Text Amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P24-01100, to amend Section 15- 2706, Section 15-6704, and Section 15-6802 of the Citywide Development Code, relating to the sale of alcoholic beverages for off-site consumption, commercial use classification, and definitions. Sponsors: Planning and Development Department Attachments: Exhibit A -Text Amendment P24-01100 amending Sections 15-2706, 15-6704 & Exhibit B - Finding of No Possibility of Significant Adverse Effect as prepared fo Exhibit C - Notice of Public Hearing IX. REPORT BY SECRETARY X. SCHEDULED ORAL COMMUNICATIONS XI. UNSCHEDULED ORAL COMMUNICATIONS City of Fresno Page 5 Planning Commission Meeting Agenda - Final May 1, 2024 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 6

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